Excerpt: ...n (“Cross‐ Defendant”), who is not a party in interest to this motion, also filed an Opposition on November 20, 2020. Defendant filed his Replies to both Oppositions on December 2, 2020. The Court held a hearing on May 6, 2021, and took the matter under submission. The Court hereby finds as follows: Evidentiary Objections Cross‐Defendant's evidentiary objections are… Defendant's evidentiary objections are... Legal Standard A defendant m...

Excerpt: ...iolation of Business and Professions Code section 17200, and Fraud in the Inducement [1] in Plaintiff 7447 Firestone, LLC's (“Plaintiff”) Fourth Amended Complaint (“FAC”). Plaintiff filed its Opposition on January 23, 2020, and Defendants filed their Reply on [DATE]. The Court held a hearing on May 28, 2020, and took the matter under submission. The Court hereby finds as follows: Evidentiary Objections Plaintiff's evidentiary objections a...

Excerpt: ...# 2, 7‐10, 13, 16‐18, 22‐23, 25‐27, 29, 31, and 33 and SUSTAINED as to Objections ## 1, 3‐6, 11‐12, 14‐15, 19‐21, 24, 28, 30, 32, and 34. Plaintiffs Cathay Bank and Robb Evans & Associates LLC (collectively, the “Plaintiffs”) move for leave to conduct discovery into the financial condition of Defendant Ace and Defendant JMI (collectively, the “Defendants”) pursuant to Civil Code section 3295(c): No pretrial discovery by th...

Excerpt: ...ion 2025.450: If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party...

Excerpt: ...ahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not t...

Excerpt: ...t is not an official act of a legislative, executive, or judicial department of the United States or of this state. (Evid. Code § 452.) A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demu...

Excerpt: ...e motion, Defendant contests the designation of certain documents and information as subject to the attorney‐client and work‐product privileges. The Requests Defendant seeks to compel Plaintiff to produce three documents that Plaintiff maintains are subject to privilege:  Plaintiff's emailed word document that describes her personal experiences on Defendant's website and accessibility barriers encountered, sent to Plaintiff's counsel;  ...

Excerpt: ...mplaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer...

Excerpt: ...f Transportation, (“State”) moves the court for an order requiring Defendant/Cross‐Defendant Lindsay Transportation Solutions Sales & Service, LLC (“Lindsay”) to provide further verified responses to its request for production of documents (set one). Where verification is required by the discovery statute, an unverified response is ineffective and is equivalent to no response at all. (Appleton v. Superior Court (1988) 206 Cal. App. 3d 6...

Excerpt: ...read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects ...

Excerpt: ...may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not sufficiently definite. (See Weddington Productions, ...

Excerpt: ...usly sustained a demurrer to the first amended complaint. Defendants now demur to the second amended complaint and move to strike plaintiffs' request for punitive damages. Demurrer Defendants argue they cannot determine the nature of the claims against them. The SAC addresses the uncertainty by setting forth specific alleged acts that form the basis of all causes of action. SAC at pg. 3. Regarding nuisance, the SAC alleges defendants damaged the ...

Excerpt: ... Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evi...

Excerpt: ...h it brings these demurrers, and likely does not provide due process through proper notice. However, because Plaintiff filed an opposition addressing Defendant's arguments, this concern is likely moot. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept....

Excerpt: ... of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings a...

Excerpt: ...p.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic...

Excerpt: ... of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.�...

Excerpt: ...and staying all proceedings as to the remaining non‐signatory plaintiffs pending arbitration. “A court may reconsider its order granting or denying a motion and may even reconsider or alter its judgment so long as judgment has not yet been entered. Once judgment has been entered, however, the court may not reconsider it and loses its unrestricted power to change the judgment.” (Passavanti v. Williams (1990) 225 Cal.App.3d 1602, 1606.) When ...

Excerpt: ...ntiff Esther Contreras' (“Plaintiff”) First Amended Complaint (“FAC”) on the ground that they fail to state facts sufficient to constitute a cause of action. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.A...

Excerpt: ...ide the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact me...

Excerpt: ...volved in the pending litigation and stating upon reasonable belief that the governmental agency identified has the records or information from the records (Evid. Code § 1043(b)(3)). In order to establish ʺgood cause,ʺ the moving party must: (1) request the information ʺwith adequate specificity to preclude the possibility that the defendant is engaging in a ʹfishing expedition,ʹ ʺ; and (2) provide ʺa specific factual scenarioʺ establish...

Excerpt: ...ing demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies o...

Excerpt: ...k National Trust Company's (collectively, the “Defendants”) Exhibits A‐ Z. (Ev. Code §§ 451, 452.) A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects m...

Excerpt: ...mation, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the courtʹs own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including...

Excerpt: ... and eighth causes of action in Plaintiff's Second Amended Complaint (“SAC”). Legal Standard A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal 3d 311, 318.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer for sufficiency tests whether the complain...

Excerpt: ...”). “Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof….” (CCP § 435(b)(1).) Moreover, “[t]he court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not dr...

Excerpt: ...or an order granting leave for mental examination and physical examination of Plaintiff Leslie Sparkuhl (“Plaintiff”) pursuant to CCP § 2032.210 et seq. Any party may obtain discovery, subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the legal control of a ...

Excerpt: ...TRY OF DEFAULT AND DEFAULT PACKET] Case Number: KC070270 Hearing Date: January 22, 2020 Dept: O Defendant Interworks Unlimited, Inc.'s counsels Roger C. Hsu and Charles Sutton of Law Offices of Roger C. Hsu's motion to be relieved as counsel is GRANTED. The order shall take effect when the proof of service of a copy of the signed order on the court clerk is filed with the court. Good cause exists to grant the motion based on any of the grounds un...

Excerpt: ...to judgment on the cause of action. (CCP § 437c(p)(1).) Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action. (CCP § 437c(p)(2).) The court must liberally construe evidence in support of the party opposing summary judgment and resolve all doubts concerning the evidence in favor of that party. (Dore v. Arnold Worldwide, Inc. (2006) 3...

Excerpt: ...ty has proved each element of the cause of action entitling the party to judgment on the cause of action. (CCP § 437c(p)(1).) Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action. (CCP § 437c(p)(2).) The court must liberally construe evidence in support of the party opposing summary judgment and resolve all doubts concerning the evi...

Excerpt: ...sonable attorney's fees, in addition to other costs, based on actual time expended in connection with the commencement and prosecution of such action. (Civ. Code § 1794(d).) Plaintiff contends that he is the prevailing party because he reached a favorable settlement with Defendants Ducati North America Inc. and Bert's Mega Mall (“Defendants”). This settlement is characterized by Plaintiff's counsel as a “tentative conditional settlement.�...

Excerpt: ...vocable, save upon such grounds as exist for the revocation of any contract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) The pe...

Excerpt: ....) A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. C...

Excerpt: ...naging agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponentʹs attendance and testimony, and the pro...

Excerpt: ...7.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. The...

Excerpt: ...designated by an organization that is a party under section 2025.230, without having served a valid objection under section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponentʹs attendance and testimony, and the production for inspection of any document or tangible...

Excerpt: ...re, pleadings, motions, discovery documents, and other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. (CRC 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 888.) At a minimum, a party seeking to seal documents must come forward with a specific list of facts sought to be withheld and specific reasons for withholding them. (H.B. Fuller Co., supra, 151 Cal.App.4th at 894...

Excerpt: ... the likelihood the moving party ultimately will prevail on the merits, and the relative interim harm to the parties from the issuance or nonissuance of the injunction. A trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim. (Hunt v. Superior Court (1999) 21 Cal. 4th 984, 999‐1000.) Proof of facts is ...

Excerpt: .... Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (CCP § 473(b).) The burden of proof on such a motion is on the moving party who must establish his position by a preponderance of the evid...

Excerpt: ...r (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) ...

Excerpt: ... contract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) The petition to compel arbitration, consequently, functions as a motion ...

Excerpt: ...aside a default or default judgment and for leave to defend the action shall be accompanied by an affidavit showing under oath that the partyʹs lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. (CCP § 473.5(b).) This section is designed to provide relief where there has been proper service of summons but defendant nevertheless did not find out about the action in time to...

Excerpt: ...cation shall include all of the following, which may be established by affidavit, pursuant to Code of Civil Procedure section 512.101(b): 1. The basis of the plaintiff's claim that the plaintiff is entitled to possession; 2. A showing that the property is wrongfully detained and of the manner in which defendant came into possession; 3. A particular description of the property and a statement of its value; 4. The property's location based on plain...

Excerpt: ...nd Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court ...

Excerpt: ...t on or about December 3, 2013, K. Garvey negotiated a $500,000.00 loan from Jameson Insurance Company, which was secured by a deed of trust on property without Plaintiff's knowledge or consent. Plaintiff alleges that K. Garvey and M. Garvey sold the secured property, received the funds due on the secured note, used those funds for a second property, and then repeated that process for a third property. Plaintiff alleges that the note is no longer...

Excerpt: ...diction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not sufficiently definite. (See Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810‐812.) It is unclear from the Defendant, cross‐complainant and cros...

Excerpt: ...ligent in rendering care to Plaintiffs. The original complaint was filed on February 5, 2018. On March 29, 2018, this case was transferred from Department 92 (personal injury hub) to this instant department. On August 16, 2019, Plaintiffs filed a First Amended Complaint, asserting causes of action against Citrus Obstetrics and Gynecology Medical Associates, Inc. (“Citrus Obstetrics”), Citrus Valley Medical Center, Inc. (“CVMC”), Jason Sea...

Excerpt: ...rmanente Insurance Company (“KPIC”), Kaiser Foundation Hospitals (“KFH”), The Permanente Medical Group (“PMG”) and Southern California Permanente Medical Group (“SCPMG”) were ordered dismissed, per Plaintiff's counsel's request. On July 31, 2018, KFHP filed its First Amended Cross-Complaint (“FACC”), asserting a cause of action therein against Plaintiff and Roes 1-25 for: 1. Restitution On September 28, 2018, the court sustain...

Excerpt: ... v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially n...

Excerpt: ...court weighs two interrelated factors: the likelihood the moving party ultimately will prevail on the merits, and the relative interim harm to the parties from the issuance or nonissuance of the injunction. A trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim. (Hunt v. Superior Court (1999) 21 Cal. 4t...

Excerpt: ...pt. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. S...

Excerpt: ...cial motion to strike. (Matson v. Dvorak (1995) 40 Cal.App.4th 539, 548; Dixon v. Superior Court (1994) 30 Cal.App.4th 733, 742;Wilcox v. Superior Court (1994) 17 Cal.App.4th 809, 819.) A defendant need not first establish that his actions are constitutionally protected under the First Amendment as a matter of law. (Wilcox v. Superior Court, supra, 17 Cal.App.4th at 820.) However, a defendant is required to make a prima facie showing that plainti...

Excerpt: ...re the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved f...

Excerpt: ...ests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(b).) Any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action if the matter either is itself admissible in evidence or appears reasonably calcul...

Excerpt: ...2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153...

Excerpt: ...the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorneyʹs fees in addition to other costs. (Civ. Code § 1717, subd. (a).) Defendant Helen Feng Hong (“Defendant”) was the prevailing party on a lease agreement that provided attorney fees to the prevailing party. The Court rendered an order in favor of Defendant on or about June 21, 2018. The Court entered ...

Excerpt: ...ion cannot be established. (CCP § 437c(p)(2).) “A defendant can satisfy its burden by presenting evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186.) Once the defendant has met that burden, the burden s...

Excerpt: ...requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not sufficiently definite. (See Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810‐812.) The Court ...

Excerpt: ...ow one or more elements of the plaintiff's cause of action cannot be established. (CCP § 437c(p)(2).) “A defendant can satisfy its burden by presenting evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186...

Excerpt: ... served on the Department of Motor Vehicles by Defendant/Cross‐ Defendant/Cross‐Complainant David Rodriguez Salazar (“Salazar”). The operative complaint for this motion involves Bongiorno's Cross‐Complaint filed on February 15, 2018, which asserted causes of action for Indemnification, Apportionment of Fault, and Declaratory Relief. In sum, Bongiorno claims that he was not liable for the damages claimed by Plaintiffs; and that Defendant...

Excerpt: ...separate statement. The Court also noted in its prior order that should Plaintiff decide to bring such a motion again, Plaintiff is asked to explain at that time why it needs bank statements with every single line item transaction, and why the beginning balance, withdrawals, deposits, and ending balance are insufficient. Defendant contended in the original Opposition to this motion that this information regarding Defendant's financial status is s...

Excerpt: ...presenting evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186.) Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists ...

Excerpt: ...20, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has established the probable validity of the claim upon which the attachment is based 3. The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based . (CCP § 484.090(a).) “The courtʹs determinations shall be made upon the basis of the pleadin...

Excerpt: ...” (CCP § 435(b)(1).) Moreover: The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order or the court. (CCP § 436.) Wrongful Death versus Survival Action The ele...

Excerpt: ...ng Plaintiff Kelly Schwalbach (“Plaintiff”) to provide verified responses to its form interrogatories (set 1) and special interrogatories (set 1). Defendant also seeks monetary sanctions of $1,460.00 in total for the two (2) motions against Plaintiff and her counsels. Code of Civil Procedure section 2030.290(b) allows the propounding party to file a motion to compel responses to interrogatories if a response has not been received. If response...

Excerpt: ... an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbi...

Excerpt: ...e, KC069918; and (2) the second one filed Defendant in the consolidated case, KC070020. Plaintiff and Defendant each own 50% interest in Shanti Prakash, Inc. They are also 50% partners in S&S Partnership, which owns real property in Baldwin Park, California. Both parties allege that the other has breached his fiduciary and contractual duties. At issue is Plaintiff's Second Amended Complaint (“SAC”). Defendant demurs to the 6th, 7 th, and 10 t...

Excerpt: ...laintiff's second amended complaint asserts causes of action for: 1. Financial Elder Abuse 2. Breach of Fiduciary Duty 3. Fraud 4. Constructive Fraud 5. Intentional Infliction of Emotional Distress 6. Breach of Duty of Loyalty 7. Declaratory Relief 8. Conversion 9. Declaratory Relief Plaintiff proposes to add Negligence as a tenth cause of action, and to only allege this cause of action against American Funds. The court may, in furtherance of jus...

Excerpt: ... (“Plaintiff”) evidentiary objections to the Declarations of Richard Jacobsen and Salvador Hidalgo are overruled. Defendants evidentiary objections to the Declarations of Plaintiff and Kathy Johnson are overruled. Legal Standard A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established...

Excerpt: ... mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (CCP § 473(b).) The burden of proof on such a motion is on the moving party who must...

Excerpt: ...F ACTION Wrongful Termination, Employment Discrimination Based On Age, Race, And Disability: Paragraphs 15‐17 of the Second Amended Complaint (“SAC”) allege that Defendants made the following statements to Plaintiff:  “fucking lazy ass old man, you're useless.” (SAC ¶ 15.)  “Mexicans are pigs.” (Id. at ¶ 17.)  “All you fucking Mexicans are thieves. I pay you to work no steal.” (Ibid.)  “Mexicans are slaves. If I ...

Excerpt: ...n satisfy its burden by presenting evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186.) Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or mor...

Excerpt: ...In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only ...

Excerpt: ...idence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186.) Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the cause of action. (CCP § 437c(p)(2).) The court must liberally...

Excerpt: ...roceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issue involved ...

Excerpt: ...s not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186.) Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the cause of action. (CCP § 437c(p)(2).) The court must liberally construe evidence in support...

Excerpt: ...t the plaintiff is entitled to possession; 2. A showing that the property is wrongfully detained and of the manner in which defendant came into possession; 3. A particular description of the property and a statement of its value; 4. The property's location based on plaintiff's knowledge, information and belief; and 5. A statement that the property has not been seized by statute or execution against it. (CCP § 512.010(b).) The writ will be issued...

Excerpt: ...rrer, the demurring party is required to meet and confer in person or by telephone with the party who filed the pleading to determine whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (CCP § 430.41, subd. (a).) If an amended pleading is filed, the parties must meet and confer again before a demurrer may be filed to the amended pleading. (Id.) The parties are to meet and confer at least five days ...

Excerpt: .... Section 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(b).) On May 16, 2019, Defendants' counsel sent a meet and confer email demanding that Plaintiff Jose Sanchez-Elizondo (“Plaintiff�...

Excerpt: ...nses within 10 days. 3. Plaintiff Filip Ostrak's motion to compel further discovery responses to Defendant Bert's Mega Mall's form interrogatories, set one is GRANTED in part and DENIED in part. Defendant is ordered to provide supplemental responses within 10 days. Request For Admissions Plaintiff Filip Ostrak (“Plaintiff”) moves to compel further responses to Plaintiff's Requests for Admission (“RFA”) to Defendant Bert's Mega Mall (“De...

Excerpt: .... Section 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(b).) On May 16, 2019, Defendants' counsel sent a meet and confer email demanding that Plaintiff Jose Sanchez‐Elizondo (“Plaintif...

Excerpt: ...“Code of Civil Procedure section 425.16 sets out a procedure for striking complaints in harassing lawsuits that are commonly known as SLAPP suits . . . which are brought to challenge the exercise of constitutionally protected free speech rights.” (Sweetwater Union High School Dist. v. Gilbane Building Co. (2019) 6 Cal.5 th 931, 940 (citation omitted).) Judicial Notice & Evidentiary Objections: As an initial matter, judicial notice is taken of...

Excerpt: ...ccordingly, the application is DENIED without prejudice. If notice is cured, the application will be granted: Merits: Upon the filing of the complaint or at any time thereafter, the Plaintiff may apply for a writ of possession. (CCP § 512.010(a).) The application shall include all of the following, which may be established by affidavit, pursuant to CCP § 512.101(b): 1. The basis of the plaintiff's claim that the plaintiff is entitled to possess...

Excerpt: ... discovery process, the court may impose monetary sanction, issue sanction, evidence sanction, terminating sanction, and contempt sanction. (CCP § 2023.030.) “[T]here are effective… remedies for spoliation of evidence, including the evidentiary inference that evidence destroyed by a party is unfavorable to that party (Evid. Code, § 413), the potent sanctions for abuse of discovery (CCP § 2023), the punishment of attorneys who are involved ...

Excerpt: ...the relative interim harm to the parties from the issuance or non‐issuance of the injunction. A trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim. (Hunt v. Superior Court (1999) 21 Cal. 4th 984, 999‐1000.) Proof of facts is ordinarily made by affidavits or declarations. (CCP § 2009.) Plaintiff o...

Excerpt: ... the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP § 437c(p)(2).) “A defendant can satisfy its burden by presenting evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181...

Excerpt: ...annot be established. (CCP § 437c(p)(2).) “A defendant can satisfy its burden by presenting evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186.) The court must liberally construe evidence in support of ...

Excerpt: ...rty to amend any pleadings.” (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Plaintiffs have discovered that Defendants Rosa Perez and Maggie's Bookkeeping, Inc. allegedly engaged in a fraudulent sale of Defendant Perez' h...

Excerpt: ...gates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186.) Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the cause of action. ...

Excerpt: ...ict. (Hauter v. Zogarts (1975) 14 Cal.3d 104, 110.) For JNOV motion purposes, all evidence supporting the verdict is presumed true; the issue is whether these facts constitute a prima facie case or defense as a matter of law. (Fountain Valley Chateau Blanc Homeownerʹs Assʹn v. Department of Veterans Affairs (1998) 67 Cal.App.4th 743, 750.) The trial judge cannot weigh the evidence or determine the credibility of witnesses on JNOV motions. (Cart...

Excerpt: ... compel further responses of his Special Interrogatories, Set One pursuant to Code of Civil Procedure section 2030.300, and of his Demand for Production of Documents, Set One pursuant to section 2031.310. Section 2030.300 allows a party to file a motion compelling further responses to interrogatories if it finds that the response is inadequate, incomplete, or evasive, or an objection the response is without merit or too general. “A motion under...

Excerpt: ...written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or liti...

Excerpt: ...4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic m...

Excerpt: ...an are OVERRULED. Merits A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) “A defendant can satisfy its burden by presenting evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to ...

Excerpt: ...the application is DENIED without prejudice. If notice is cured, the application will be granted: Merits: Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possession. (CCP § 512.010(a).) The application shall include all of the following, which may be established by affidavit, pursuant to section 512.101(b): 1. The basis of the plaintiff's claim that the plaintiff is entitled to possession; 2. A s...

Excerpt: ... of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Supe...

Excerpt: ...in China. When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorneyʹs fees which may be awarded in the action or special proceeding. For the purposes of this section, ʺattorneyʹs feesʺ means reasonable attorneyʹs fees a party ...

Excerpt: ...excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (CCP § 473(b), emphasis added.) The burden of proof on such a motion is on the moving party who must establish his positi...

Excerpt: ...g evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186.) Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the...

Excerpt: ... court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) The petition to compel arbitration, consequently, functions as a motion and is to be heard in the man...