Excerpt: ...eave to amend. Background Plaintiff filed his Complaint in February 11, 2020. Plaintiff alleges the following facts. Plaintiff was a longtime friend and client of an attorney named Richard J. Stall, Jr. (“decedent”). In 1993, Plaintiff and decedent entered into an oral agreement in which Plaintiff loaned decedent $348.418.02 at 10 percent interest. No specific time for repayment is specified other than payment upon demand. Plaintiff alleges t...

Excerpt: ...granted, in part, and denied, in part. Objections The Court declines to rule upon Plaintiff's objections filed on January 21, 2021 as the objections are not material to the disposition of the ruling to this motion. In addition, the Court is not concerned with whether an attorney characterizes requests as being “broadly worded.” The Court will consider the propriety of the requests independent of any self-serving characterizations by one and/o...

Excerpt: ...h a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Michael V. Shepherd, ¶¶ 1-2.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably...

Excerpt: ...r Plaintiff set forth a meet and confer declaration in substantial compliance with CCP 2031.310(b)(2). (Declaration, Daniel Choi ¶¶ 20-28; Amended Declaration, Daniel Choi, ¶¶ 19-46). Motion to Compel Further Responses to Requests for Production of Documents A party responding to an inspection demand shall respond to each demand with one of the following: a statement the party will comply with the demand, a representation the party lacks the ...

Excerpt: ...and 2 are overruled. The Court makes the following ruling to Defendants' objections. Objections 1 to 17 are overruled. Background Plaintiff Maria Del Rosario Soto filed her Complaint on June 24, 2019. Plaintiff alleges that Defendants Divya Thai, M.D. and Healthcare Partners Affiliates failed to timely and properly diagnose and treat her lung cancer over a period of more than two years resulting in her advanced lung cancer. Defendants allegedly f...

Excerpt: ...t compliance with CCP § 430.41. (Decl., Jill S. David, ¶¶ 2-5.) Request for Judicial Notice Cross-Defendant's request for judicial notice is granted pursuant to Evid. Code section 452(d). Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) ...

Excerpt: ...seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” Cal. Rules of Court, Rule 2.551(a). “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” CRC...

Excerpt: ...s, LLC, Schwartz Investment Company, LLC, and Schwartz Investment Company, LLC's Motions for Summary Judgment and/or Summary Adjudication are denied. Objections Moving Defendants' objections 1 to 20 are overruled. Here, Moving Defendants objected to arguments set forth in Plaintiff's memorandum of points and authorities. These arguments do not consist of evidence that are subject to objections. Moving Defendants' objections 21 to 30 are overruled...

Excerpt: ...and denied, in part. Meet and Confer Plaintiff set forth a meet and confer declaration in substantial compliance with CCP 2031.310(b)(2). (Declaration, Daniel Choi ¶¶ 22-37; Amended Declaration, Daniel Choi, ¶¶ 21-48). Motion to Compel Further Responses to Requests for Production of Documents A party responding to an inspection demand shall respond to each demand with one of the following: a statement the party will comply with the demand, a ...

Excerpt: ...plaint is overruled, in part, and sustained, in part. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Stephen F. McAndrew, ¶ 1.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the tru...

Excerpt: ...Documents, Set One is granted. Meet and Confer Plaintiff set forth a meet and confer declaration in substantial compliance with CCP § 2031.310(b)(2). (Declaration, Benjeman Beck, ¶¶ 15-23; ). Motion to Compel Further Responses to Requests for Production of Documents A party responding to an inspection demand shall respond to each demand with one of the following: a statement the party will comply with the demand, a representation the party lac...

Excerpt: ...w or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties. (b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits.” As the...

Excerpt: ...r declaration in sufficient compliance with CCP 430.41. (Decl., Mariko Taenaka, ¶ 3.) Request for Judicial Notice Defendant's request for judicial notice of the Complaint of Discrimination and Right to Sue Letter is granted. Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the ...

Excerpt: ...Lucretia Zorotovich Duncan and James Duncan move for an order to amend, vacate, or reconsider the proposed order filed on October 26, 2020. Defendants provide several different statutory bases for the Court to consider: Code of Civil Procedure section 473(d); Code of Civil Procedure section 473(b); Code of Civil Procedure section 663; Code of Civil Procedure section 1008. First, the Court notes that moving party moved to challenge the proposed or...

Excerpt: ...pulveda Investment Services, LLC moves, pursuant to Code of Civil Procedure §§ 2034.610 and 2034.620, to amend and/or augment its expert witness disclosure. The motion is made on the grounds that: (1) Plaintiff's previously designated expert witness, Brian Wine, relocated to Washington D.C. and he is not available to testify at the time of trial or to conduct the inspection of the property; (2) Plaintiff's amended complaint, filed in 2019, alle...

Excerpt: ...ntinela Valley Union High School District (“Centinela”), and Andy Mehta's (“Mehta”) Motions for Summary Judgment are granted. Objections Plaintiff's Objections in Connection with Each Defendants' Respective Motions Plaintiff's objections are overruled as Plaintiff did not properly object to actual evidence, but, instead, to statements made in Defendants' separate statement of facts. Plaintiff's Objections to Moving Party's Reply Facts Pla...

Excerpt: ...e section 452(g) and (h). Motion for Summary Judgment The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the...

Excerpt: ...an Ray: Objections 1 to 3, 6, and 12 to 17 are overruled. Objections 4, 5, and 7 to 11 are sustained. Declaration of Runa Ray: Objections 1, 2, 4 to 6, and 10 to 15 are overruled. Objections 3 and 7 to 9 are sustained. Motion for Summary Judgment The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegation...

Excerpt: ... compliance with CCP § 430.41. (Decl., Cristen R. Hintze, ¶ 6.) Request for Judicial Notice Plaintiff's request for judicial notice is granted, in part, and denied, in part. The Court takes judicial notice of the existence of the deposition transcripts of Regina Fong and Corey Marquis, but does not take judicial notice of the truth of any matters set forth in those transcripts. Thus, to the extent that Defendant objected to the Court taking jud...

Excerpt: ...ponses to Special Interrogatories 3. Robert Abassi, Terrance J. Carroll, RTI Properties, Inc., and Gardena West, LLC's Motion to Compel Responses to Requests for Production of Documents 4. Robert Abassi, Terrance J. Carroll, RTI Properties, Inc., and Gardena West, LLC's Motion to Deem Requests for Admissions Admitted TENTATIVE RULING Robert Abassi, Terrance J. Carroll, RTI Properties, Inc., and Gardena West, LLC's Motions are granted, in part, de...

Excerpt: ...onparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. . . Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burd...

Excerpt: ...efendants Ray Golbari, Golbari Properties and United Capital Investment's Demurrer to Third Amended Complaint is sustained with 20 days leave to amend, in part, and without leave to amend, in part. The Motion to Strike Third Amended Complaint is moot. Meet and Confer Defendants set forth a meet and confer declaration in compliance with CCP §§ 430.41 and 435.5. (Declaration of Fay Pugh, ¶¶ 4-10.) Demurrer A demurrer tests the sufficiency of a ...

Excerpt: ...mpel Arbitration is denied. Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike 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 of the court. CCP § 436(b). The grounds for a motion to strike are that ...

Excerpt: ...as People's Location Services Ca. Corporation, Demurrer to Second Amended Complaint is sustained without leave to amend. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP 430.41. (Decl., Jemal K. Yarborough, ¶¶ 2-6.) Request for Judicial Notice Defendant's request for judicial notice is granted pursuant to Evidence Code sections 452(g) and (h). Demurrer A demurrer tests the sufficiency of a comp...

Excerpt: ...or Summary Judgment is denied. Sunbeam Technologies, Inc.'s Motion for Summary Judgment is denied. Objections The Court makes the following ruling to Defendants' objections: City of Rancho Palos Verdes' and Hardy and Harper, Inc. As to objections 1 to 8, Defendants' objections to the declaration of Monty Wilde are overruled. As to objections 9 to 12, Defendants' objections to the declarations of David S. Brown are sustained. Sunbeam Technologies,...