Excerpt: ... 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.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pl...

Excerpt: ...s, special interrogatories, and vehicle inspection. A corporation suspended by the California Franchise Tax Board may not participate in litigation activities. (Rev. & Tax Code § 23301; Palm Valley Homeowners Association, Inc. v. Design MTC (2000) 85 Cal.App.4th 553.) Under the California Revenue and Taxation Code section 23301, however, a corporation still has a duty to respond to these requests despite it being unable to defend against the leg...

Excerpt: ...eral. The motion shall be accompanied with a meet and confer declaration. (CCP § 2030.300(b).) Each answer in the response must be “as complete and straightforward as the information reasonably available to the responding party permits. If an interrogatory cannot be answered completely, it shall be answered to the extent possible.” (CCP § 2030.220(a),(b).) Plaintiff and Cross‐Defendant Michael Mudrak (“Plaintiff” or “Cross‐Defenda...

Excerpt: ...tes 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 tests the ...

Excerpt: ...rrer 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. Co. (2004)...

Excerpt: ...'s inspection of the premises not open to the public. Without the condition imposed by the proposed protective order, Defendant contends Plaintiff's inspection demand constitutes unwarranted harassment and is unduly burdensome, oppressive, and onerous on Defendant. Procedure “When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the dema...

Excerpt: ...tion. (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 alone a...

Excerpt: ...notice is based does not contain a real property claim. (CCP § 405.31.) A lis pendens is a recorded instrument and recorded in the office of the county recorder where land is located that gives constructive notice of a pending lawsuit affecting title to the described real property. (Gale v. Superior Court (Gale) (2004) 122 Cal.App.4th 1388, 1395.) A real property claim is any cause of action which would affect title to, or right to possession of...

Excerpt: ... 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) 39 Cal.4th 384, 389.) The motion shall be supported by affidavits, declarations, admissio...

Excerpt: ...ment 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, Inc. v. Flick ...

Excerpt: ...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 in a demurrer h...

Excerpt: ...an undertaking because Plaintiff De Xin Industry H.K. Co. Ltd. (“Plaintiff”) is a foreign company, whose principal place of business is 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 aw...

Excerpt: ...; Wolf Metals Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, 709.) Section 187 confers such authority on the courts. (Dow Jones Co., Inc. v. Avenal (1984) 151 Cal.App.3d 144, 148‐149.) While courts have utilized section to add a successor corporation as a judgment debtor, this is generally done when there is a showing that (1) the new party is the alter ego of the old party and (2) that the new party has controlled the litigation, t...

Excerpt: ...m suspending any of Plaintiffs' privileges as a member of the HOA, and (3) enforcing any and all restrictions until a final determination can be made by this Court as to the merits of Plaintiffs' case. The dispute in this case arises from Plaintiffs seeking to subdivide the property they purchased located at 677 East Camellia Way, Azusa, California (the “Property”), that is part of the HOA. Plaintiffs allege that Defendant improperly enacted ...

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. Co...

Excerpt: ...t of the party opposing summary judgment and resolve all doubts concerning the evidence in favor of that party. (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.) Plaintiff Jianglong (“Plaintiff”) contends that Defendants Shao Wei Fang and A&A California Investment LLC (collectively “Defendants”) are unable to demonstrate a triable issue of fact that : (1) Defendant A&A California Investment LLC (“A&A”) breached the manageme...

Excerpt: ...istake, 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 e...

Excerpt: ...sponses to its form interrogatories (sets 1 & 2), special interrogatories (set 2), and request for production of documents (sets 1 & 2). Code of Civil Procedure sections 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP §§ 2030.290(a) and 2031.300(a).) Set One...

Excerpt: ...emurrer 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 issue ...

Excerpt: ...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 tests the pleadi...

Excerpt: ...(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 appear on the face of the pleading or are judic...

Excerpt: ...her proceeding taken against him or her through his or her 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...

Excerpt: ...er 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 issue invol...

Excerpt: ...er 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 issue invol...

Excerpt: ... allow the propounding party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted unless the party to whom the requests have been directed has served before the hearing a proposed response that is in substantial compliance. On June 6, 2019, Defendant served its Requests for Admission (Set One). (Kajo Decl., ¶¶ 2‐3, Ex. A.) On July 17, 2019, after Plaintiff failed to respond to th...

Excerpt: ...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 defend. Typically, these are cases in w...

Excerpt: ... shall upon, timely application, permit a nonparty to intervene in the action or proceeding if either a provision of law confers an unconditional right to intervene, or the person seeking intervention claims and interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest. (CCP § 387(d)(1).) ...

Excerpt: ...r 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 petition to compel arbitration, consequently,...

Excerpt: ...50,402.89 in prevailing on their anti‐SLAPP motion. Cross‐Defendants had the Eighth and Twelfth Causes of Action (Defamation and Abuse of Process, respectively) stricken from the complaint, but did not have the Tenth Cause of Action for Civil Conspiracy stricken. A prevailing party on a special motion to strike shall be entitled to recover reasonable attorney's fees and costs. (CCP § 425.16(c); see Ketchum v. Moses (2001) 24 Cal.4th 1122, 11...

Excerpt: ...ince the right to a new trial is purely statutory, exact compliance is required with the procedural steps for making and determining a motion for new trial. Any significant departure from the procedural requirements deprives the trial court of power to grant the motion. The grounds for new trial are also entirely statutory and, thus, the motion must be based on one or more of the following statutory grounds: (1) Irregularity in the proceedings of...

Excerpt: ... cannot be liable for the two causes of action under the CA UVTA because he was not a debtor to Plaintiff Qinrong Qiu (“Plaintiff”). CA UVTA permits defrauded creditors to reach property in the hands of a transferee. (Fidelity Nat. Title Ins. Co. v. Schroeder(2009) 179 Cal.App.4th 834, 840.) A voidable transfer occurs when the debtor made the transfer or incurred the obligation (1) with actual intent to hinder, delay, or defraud any creditor ...

Excerpt: ...This motion is not directed at only the FAC, but at the action entirely. The issue of additional damage allegations is not at issue in a motion to stay or dismiss. Thus, this argument is without merit. Under Code of Civil Procedure section 410.30, whenever a court finds that in the interest of substantial justice an action should proceed in another forum, it shall stay or dismiss the action in whole or in part on any conditions that may be just. ...

Excerpt: ...ndant 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 shifts to the plaintiff to show that a triable issue of on...

Excerpt: ...ully satisfied but not later than two years after the costs have been incurred, the judgment creditor claiming costs under this section shall file a memorandum of cost with the court clerk and serve a copy on the judgment debtor. (CCP § 685.070.) Service shall be made personally or by mail. (Id.) Service on attorney for the judgment creditor or the judgment debtor constitutes service on the judgment creditor or judgment debtor. (CC § 684.050.) ...

Excerpt: ...ully satisfied but not later than two years after the costs have been incurred, the judgment creditor claiming costs under this section shall file a memorandum of cost with the court clerk and serve a copy on the judgment debtor. (CCP § 685.070.) Service shall be made personally or by mail. (Id.) Service on attorney for the judgment creditor or the judgment debtor constitutes service on the judgment creditor or judgment debtor. (CC § 684.050.) ...

Excerpt: ...eles 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.” (SKF Far...

Excerpt: ...d file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk. (CRC 3.1700(a).) The losing party may dispute any or all of the items in the prevailing party's memorandum of costs by a motion to strike or tax costs. (CRC 3.1700(b).) Under Civil Code section 1717.5, the prevailing party in a contract action based on a book account can recover attorneys' fees and costs if the contr...

Excerpt: ...an action to a medical provider, the medical provider shall promptly make all of the patientʹs records under the medical providerʹs custody or control available for inspection and copying by the attorney at law or his or her representative. (Evid. Code § 1158, subd. (b).) If a medical provider fails to make the records available during business hours within five days after the presentation of the written authorization, that medical provide may...

Excerpt: ...ection 2020.230(a) states that if a deposition subpoena requires the personal attendance of the deponent, the party noticing the deposition shall pay to the deponent in cash or by check the same witness fee and mileage required by Chapter 1 (commencing with Section 68070) of Title 8 of the Government Code for attendance and testimony before the court in which the action is pending. Mileage and witness fees are not allowable to parties to the acti...

Excerpt: ...tion of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Plaintiff proposes to add an additional legal theory, including additional facts relating to Plaintiff's alleged wrongful constructive termination and a new cause of action. While, the court should liberally permit amendments ...

Excerpt: ...tiff Kyle Olsen to provide further verified responses to its request for production of documents (set one). Defendants also seeks monetary sanctions of $5,261.65 against Plaintiff and his counsels. 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 632, 636.) CCP § 2031.310 allows a party to file a motion compe...

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: ...g as to a mutually agreeable date for trial. No sanctions. 3. Judicial Notice is taken of Defendants' request of Exhibits A‐D. Judicial Notice Judicial Notice is taken of Defendants' request of Exhibits A‐D. (Ev. Code § 452‐453.) Evidentiary Objections Defendant's evidentiary objections to the Declarations of Christopher S. Palenik, PhD; Robert Harrison, MD; Lila Laux, PhD; Charles A. Pue, ME; Jerrold L. Abraham, MD; and John J. Kleinhans ...

Excerpt: ...32(b).) The losing party may dispute any or all of the items in the prevailing party's memorandum of costs by a motion to strike or tax costs. (CRC 3.1700(b).) If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. (Ladas v. California State Automotive Assoc. (1993) 19 Cal.App.4th 761, 773‐774.) On the other hand, if the items are pro...

Excerpt: ...wer (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: ...is SUSTAINED WITHOUT LEAVE TO AMEND and the Motion to Strike these Causes of Action is 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. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparen...

Excerpt: ... 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 only where the ...

Excerpt: ...ch terms as may be proper, allow a party 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 courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Defendant proposes to add additional affirmative defenses relating to Plaintiff's supposed accord and satisfa...

Excerpt: ...ng for summary judgment/adjudication has met her 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 obtain evidence needed to support an e...

Excerpt: ...Motion Contesting Designation of Documents and Motions In Limine Given the confidential nature of this motion, the Court has attempted to remove any information concerning the identification of the challenged documents at issue. If it is necessary, the Court intends to hear any additional argument under seal. Plaintiffs Joseph Hourany, Veronique Hodurany, and Urvashi Sura (collectively, the “Plaintiffs”) move to have the Court rule on the des...

Excerpt: ...da (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 evidenc...

Excerpt: ...sidering 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 l...

Excerpt: ...ead 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 a...

Excerpt: ...icer, mortgagee, trustee, beneficiary, or authorized agent shall not record a notice of sale or conduct a trustee's sale…” (CC 2924.11(b).) Par. 23 alleges that plaintiffs submitted a complete Request for Modification Application with Wells Fargo on 10/16/18, and that there exists an upcoming sale date of 10/23/18. (Complaint, Par. 26.) Par. 24 alleges that “Defendants, having received and agreed to review plaintiffs' loan modification appl...

Excerpt: ...ce, and on such terms as may be proper, allow a party 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 courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Discovery revealed lack of documents regarding the alleged accounting and bookkeeping work that ...

Excerpt: ... (“decedent”), evidentiary objections are overruled. Defendant's evidentiary objections to plaintiff's declaration 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 neg...

Excerpt: ...action. As an initial matter, defendant's evidentiary objections are sustained as to objections numbers 1, 4, 7‐11, and 13‐14 and the remaining objections are overruled. A defendant moving for summary judgment/adjudication has met its 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).) The elements for Negligent Supervisi...

Excerpt: ...of defendants on all causes of action. Plaintiff appealed the decision. During the pendency of the appeal, defendant Robert caused to be levied a Writ of Execution for costs of $15,086.17. On May 17, 2017, the Court of Appeal issued a Remittitur, stating, “The judgment and the award of costs are reversed.” Although the court of appeal affirmed Judge Oki's finding that defendant Michael was not negligent, it reversed Judge Oki's finding on the...

Excerpt: ...auter 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 Homeowner's Ass'n 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. (Carter v. CB ...

Excerpt: ... 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 Cal....

Excerpt: ...n Clements (“cross‐complainants”) on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. UNCERTAINTY Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The court finds that the First and Second Causes of Action are not so uncertain that cross‐...

Excerpt: ...y recorder where land is located, that gives constructive notice of a pending lawsuit affecting title to the described real property. (Gale v. Superior Court (Gale) (2004) 122 Cal.App.4th 1388, 1395.) A real property claim is any cause of action which would affect title to, or right to possession of, specific real property, or the use of an easement identified in the pleading. (CCP § 405.4.) In a motion to expunge a notice of lis pendens, the cl...

Excerpt: ... or incomplete, or that an objection to the interrogatories is without merit or too general, the propounding party may bring a motion to compel further responses to the interrogatories. (See also Best Products, Inc. v. Superior Court (2004) 119 Cal.App.4th 1181, 1189‐1190.) CCP § 2031.310 provides that “[o]n receipt of a response to demand for inspection . . ., the demanding party may move for an order compelling further response if the dema...

Excerpt: ... leased office space in “Suite 1005” with John Lee for four months. He then located into a separate office in “Suite 601.” With Plaintiff's permission, Min moved into Suite 601 and Plaintiff promised to take Min's name off the old lease. (Min Decl., Pars. 2‐4.) Plaintiff did not take Min off of the lease; and Lee continued in the old office, Suite 1005, and failed to pay rent to Plaintiff. (Id. at Pars. 3‐4.) The 3‐day notice to pay...

Excerpt: ...ccurred with reasonable frequency; and (3) the actions have not acquired permanence, meaning it would not be clear to a reasonable employee that efforts at informal conciliation would be futile. (Richards v. CH2M Hill, Inc. (2011) 26 Cal.4 th 798, 823.) Defendant submits the following evidence: In 2011 or 2012, plaintiff concluded it was futile to complain to defendant Azusa Pacific University (“APU”) about defendant's conduct. (See Defendant...

Excerpt: ...y, defendant Hospital argues that each of plaintiffʹs causes of action premises defendant Hospitalʹs liability on the doctrine of respondeat superior and that, as a matter of law, this theory of liability is untenable. Defendant Hospital relies chiefly on Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291. There, plaintiff, a pregnant 19‐year‐old, was injured in a fall and sought treatment at the defendant hospital. (Id. ...

Excerpt: ...e. The subpoenas are permitted to go forward as to the actual insurance policies, but not as to any other documents associated therewith. Defendants' motion to quash is GRANTED in full as to ESIS. Defendants are awarded sanctions in the reduced amount of $1,060. 1. Motions to Compel Further Responses Plaintiff moves to compel further responses to Form Interrogatory Nos. 4.1, 15.1, 16.1‐ 16.10, and 17.1; Requests for Admissions Nos. 5‐6 and 15...

Excerpt: ...RANTS Plaintiff's motion and compels further responses to Request Nos. 1-24 and 27. The Court DENIES Plaintiff's request for $14,000 in monetary sanctions but will award $3,000. The Court orders Plaintiff to pay three additional filing fees for filing these motions as one motion within ten days. Plaintiff's motions are granted in part and denied in part. No sanctions. Plaintiff Alta Loma (“Plaintiff”) moves to compel Defendant Jose Rodriguez ...

Excerpt: ...nterrelated factors: (1) the likelihood the moving party ultimately will prevail on the merits; and (2) the comparative harm to the moving party if the injunction does not issue against the harm suffered by defendant if it does issue. (Right Side Coalition v. Los Angeles Unified School Dist.(2008) 160 Cal.App.4 th 336, 338.) A trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possi...

Excerpt: ...ion 437c. OBJECTIONS Plaintiff Cory Scott's (“plaintiff”) evidentiary objections are overruled. Defendant's evidentiary objections to Kimberly Lind's declaration are overruled; the objections to paragraphs 10 and 11 to plaintiff's declaration are sustained and the remaining objections are overruled; and objections to the deposition excerpts and evidence are overruled. MERITS A defendant moving for summary judgment/adjudication has met his bur...

Excerpt: ... 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 protective orders. In addition, the court may make any other order as may be appropriate to ...

Excerpt: ... date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case. (CRC 3.1700(a)(1).) Any notice of motion to strike or to tax costs must be served and filed 15 days after service...

Excerpt: ...he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her 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 reas...

Excerpt: ...rative complaint is the Fourth Amended Complaint. Plaintiff Erlinda Aquino (“plaintiff”) has five remaining causes of action are as follows:  First Cause of Action: Wrongful Discharge in Violation of Public Policy;  Fifth Cause of Action: Nonpayment of Wages;  Sixth Cause of Action: Violation of Whistleblower statue in Violation of Health and Safety Code Section 1278.5;  Twelfth Cause of Action: Workplace Assault; and,  Fourtee...

Excerpt: ...tion cannot be established. (CCP § 437c(p)(2).) EVIDENTIARY OBJECTIONS Plaintiff Joseph Aguilar's (“plaintiff”) objections to defendant's Request of Judicial Notice are overruled. The Court can take judicial notice of the existence of the exhibits contained in the complaint in a pending action. (Ev.C. § 452(d).) Although the existence of a document in the court file may be judicially noticeable, the truth of statements contained therein and...

Excerpt: ...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 protect...

Excerpt: ... be a resident of, or regularly employed in, California and should not make repeated appearances in California. (CRC 9.40(a).) The application must be served upon all parties who have appeared in the case and upon the San Francisco Office of the State Bar of California. (CRC 9.40(b).) Additionally, the application must state the following: 1. the applicant's residence and office address; 2. the courts to which the applicant has been admitted to p...

Excerpt: ...ys without objections. The truth of the matters in plaintiffs' Request for Admissions, Set One, is deemed admitted. Reduced sanctions are imposed against Defendant in the sum of $1,500.00, payable within 30 days. Code of Civil Procedure Sections 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, respond...

Excerpt: ...ufficient and are uncertain. UNCERTAINTY Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The Court finds the First Amended Complaint (“FAC”) is not so uncertain that defendant cannot reasonably respond. Demurrer is OVERRULED. 1st – 4 th CAUSES OF ACTION NEGLIGENCE, NEGLIGENT SUPERVISION, NEGLI...

Excerpt: ...ty or rights of any party.” (CCP § 564(b)(9).) The enforcement agency, tenant, or tenant association or organization may seek, and the court may order, the appointment of a receiver after “consider[ing] whether the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation.” (Health & Safety Code § 17980.7(c)(1).) The applicant must show, by declarations or verified pleading: (1) the nature...

Excerpt: ...s and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be 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. (CC § 1717(a).) A party is entitled to fees “whenever that party would have been liable under th...

Excerpt: ... 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 ordinarily made by ...

Excerpt: ...tice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP 418.10(a)(1).) When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met. (Jewish Defense Org. v. Superior Court (1999) 72 Cal. App. 4th 1045, 1054‐55.) This burden must be met by competent ev...

Excerpt: ...t pursuant to Code of Civil Procedure Section 425.16. Code of Civil Procedure Section 425.16, the anti‐SLAPP statute, provides: “A cause of action against a person arising from any act of that person in furtherance of the personʹs right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines tha...

Excerpt: ...ted actions: (1) the first one filed by plaintiff Madhu Sudan (“plaintiff”) in the lead case, KC069918; and (2) the second one by defendant Hiren Shah (“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 plaintiff and defendant allege that the other has breached his fi...

Excerpt: ...te of limitations will not lie where the action may be, but is not necessarily barred. (Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4 th 875, 881.) It must appear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily barred. (Id.) Plaintiff must file an administrative complaint with the Department of Fair Employment and Housing (“DFEH”) within one year of the d...

Excerpt: ...he 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, Inc. v. Flick (1998) 60 Cal.App....

Excerpt: ...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, Inc. v. Fl...

Excerpt: ...de of Civil Procedure Section 877.6. Under Section 877.6, in an action in which two or more parties are alleged to be joint‐ tortfeasors, they are entitled to a hearing concerning the good faith issue of a settlement. A determination of good faith requires that the court calculate a rough approximation of plaintiffsʹ total recovery and the settlorʹs proportionate liability, the amount paid in settlement, the allocation of settlement proceeds ...

Excerpt: ... (See Rayan v. Dykeman (1990) 224 Cal. App. 3d 1629, 1635, fn. 2; Security T. & S. Bk. V. S.P.R.R. Co. (1935) 6 Cal.App.2d 585, 588‐589.) Here, defendant Rafiq R. Abuzalaf (“defendant”) entered into a settlement agreement requiring that he thereafter execute documents to effectuate the agreement. Defendant refused to sign the documents, and this court ordered entry of judgment pursuant to Code of Civil Procedure Section 664.6. As defendant ...

Excerpt: ...��) move for an order striking three causes of actions in Plaintiff/Cross‐Complainant KL Global International Corp.'s (“cross‐complainant”) cross‐complaint pursuant to Code of Civil Procedure Section 425.16. Code of Civil Procedure Section 425.16, the anti‐SLAPP statute, provides: “A cause of action against a person arising from any act of that person in furtherance of the personʹs right of petition or free speech under the United ...

Excerpt: ... A party to an action who follows the procedure set forth in Section 386 or 386.5 may insert in his motion, petition, complaint, or cross complaint a request for allowance of his costs and reasonable attorney fees incurred in such action: Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit that he is a mere stakeholder with no i...

Excerpt: ...t 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 protective orders. (CCP § 1987.1.) “In a...

Excerpt: ...nd HFC Acceptance, LLC(collectively, the “defendants”) move for a protective order pursuant to Code of Civil Procedure Section 2025.420(h). Under Section 2025.250: Unless the court orders otherwise under Section 2025.260, the deposition of a natural person, whether or not a party to the action, shall be taken at a place that is, at the option of the party giving notice of the deposition, either within 75 miles of the deponent's residence, or ...

Excerpt: ...dated case, KC070020. Sudan and Shah each own a fifty percent interest in Shanti Prakash, Inc and are also fifty percent partners in S&S Partnership, which owns real property in Baldwin Park, California. Both Sudan and Shah allege that the other has breached his fiduciary and contractual duties. At issue is Shah's First Amended Complaint (now deemed the cross‐complaint) in which Sudan moves to strike punitive damages allegations pursuant to Cod...

Excerpt: ...plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) resulting damages. (See Reichert v. General Ins. Co. (1968) 68 Cal.2d 822, 830.) In alleging a breach of contract cause of action, it is necessary to specify whether the contract is written, oral or implied by conduct. (See CCP § 430.10(g).) In order to plead a written contract (the first element listed above), a plaintiff must, in addition to alleging the maki...

Excerpt: ...e “defendants”) move to quash the subpoenas for production of business records served on Wells Fargo, N.A. The legal standard is as follows: If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, 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...

Excerpt: ...) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) The original Complaint alleges that plaintiff complained to management that she discovered she was making $40,000 less than a male counterpart with identical job responsibilities. She was demoted...

Excerpt: ...ve and as administrator for the Estate of Jose de Jesus Ortiz. The action is STAYED as to the remaining non‐signatories plaintiffs pending arbitration. Defendants moves to compel arbitration per Code of Civil Procedure Section 1281.2. A 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. (...

Excerpt: ...ONS In order to prevail in a cause of action against individual defendants based upon disregard of the corporate form, the plaintiff must plead and prove such a unity of interest and ownership that the separate personalities of the corporation and the individuals do not exist, and that an inequity will result if the corporate entity is treated as the sole actor. (Vasey v. Cal. Dance Co. (1977) 70 Cal.App.3d 742, 749.) Paragraphs 7‐13 in the Com...