Excerpt: ...on, 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. (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: (1) The party. (2) An attorney who represents the party. (3) If the party is an insurer, an agent who is authorized ...

Excerpt: ...erly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) 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 appe...

Excerpt: ...hether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. (Civ. Code, § 1717, subd. (a).) For purposes of section 1717, “[t]he party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract.” (Civ. Code, § 1717, subd. (b).) Attorney fees awarded under Civil Code, section 1717 are allowable costs under Civil Cod...

Excerpt: ...datory and discretionary relief from dismissal. “The 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 through his or her mistake, inadvertence, surprise, or excusable neglect.” CCP §473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed t...

Excerpt: ...a law, arbitration agreements are valid, irrevocable, and enforceable, except on such grounds that exist at law or equity for voiding a contract. (Winter v. Window Fashions Professions, Inc. (2008) 166 Cal.App.4th 943, 947.) The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, the party opposing the petition then bears the burden of proving by a preponderance of the eviden...

Excerpt: ...ey's fees “[i]ncurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay.” An Anti-SLAPP motion is “frivolous” when it is “totally and completely without merit” and any reasonable attorney would agree that the motion is devoid of merit. (See Moore v. Shaw (2004) 116 Cal.App.4th 182, 199.) This is an objective standard. “Whether the sole purpose of the motion ...

Excerpt: ...ranted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order . . . [may] make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or deci...

Excerpt: ...e the hearing. Legal Standard There is a special two-step procedure for securing disclosure of peace officer personnel records. (Warrick v. Superior Court (City of Los Angeles Police Dept.) (2005) 35 Cal.4th 1011, 1019.) First, the party seeking disclosure must file a motion that identifies the peace officer, the agency in possession of the records, a description of the records, who is seeking the records, as well as time and place of the hearing...

Excerpt: ...scovery method..., the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose... [monetary, evidence, and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to respond or to submit to an authorized method of...

Excerpt: ...ompany; Dawn M. Grant Insurance Services, Inc; FCA US LLC (f/k/a Chrysler Group, LLC); and Does 1 to 100. The Complaint asserts causes of action for: (1) Strict Products Liability; (2) Negligence; (3) Breach of Contract; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; (5) Declaratory Relief; (6) Negligent Infliction of Emotional Distress; (7) Violation of California Unfair Competition Law; and (8) Quasi-Contract/Unjust Enrichme...

Excerpt: ...nts regarding any late payments or delinquencies.” The Motion to quash is otherwise denied. Plaintiffs' request for sanctions is DENIED. Plaintiffs' motion for a protective order is CONTINUED. The parties are ordered to meaningfully meet and confer and discuss each issue presented by the motion to narrow the discovery disputes before the Court. No later than nine court days before the continued hearing date, the parties are ordered to file a jo...

Excerpt: ... a preference is necessary to prevent prejudicing the party's interest in the litigation.” Code Civ. Proc. § 36(a). To make the findings required by CCP section 36(a), evidence must be provided with the motion for preference establishing Plaintiff's age and the relevant conditions of her health warranting a preference. An affidavit submitted in support of section 36(a) “may be signed by the attorney for the party seeking preference based upo...

Excerpt: ...n 452(d). Legal Standard 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.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or c...

Excerpt: ...responses to special interrogatories nos. 10-14 is granted. The motion to compel further responses to special interrogatories nos. 5, 15-17 is denied. Plaintiffs' request for sanctions is DENIED. Legal Standard “Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determina...

Excerpt: ... in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.”¿ “This discretion should be exercised liberally in favor of amendments, for judicia...

Excerpt: ...d When a subpoena has been issued requiring the attendance of a witness or the production of documents, electronically stored information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the s...

Excerpt: ...fendant Bristol Farms (“Defendant”). Plaintiff alleges negligence and premises liability against Defendant for an incident in which Plaintiff slipped and fell in a puddle of water while in Defendant's store. On February 1, 2023, this Court granted leave to allow Plaintiff to amend the Complaint to add a request for punitive damages. On February 7, 2023, Plaintiff filed a First Amended Complaint containing prayers for punitive damages. On Apri...

Excerpt: ...s to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any ki...

Excerpt: ... may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc., § 664.6.) Discussion Plaintiff moves for an order pursuant to Code of Civil Procedure section 664.6 to enforce the settlement against defendant 1 Oak Remodeling, Inc. for the remaining balance of $2,160. Defendant made periodic payments toward the $10,000 settlement but stopped making payments in Nove...

Excerpt: ...n of Defendants' experts. The protective order should include instructions to destroy the material at the conclusion of the matter. Request for Judicial Notice I. Plaintiff requests judicial notice of: (1) Order in the case titled Arrellano, et al. v. Vogel, et al., Alameda County Superior Court, Case No. RG10521181, in which the Court ruled that Dr. Kyle Boone was Ordered to permit audio recording of the entire examination, including testing; (2...

Excerpt: ... with Section 2034.610) and 5 (commencing with Section 2034.710), on objection of any party who has made a complete and timely compliance with Section 2034.260, the trial court shall exclude from evidence the expert opinion of any witness that is offered by any party who has unreasonably failed to do any of the following: (a) List that witness as an expert under Section 2034.260. (b) Submit an expert witness declaration. (c) Produce reports and w...

Excerpt: ...(2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) �...

Excerpt: ...rp. (1998) 63 Cal.App.4th 1396. 1402.) Preliminary injunctive relief requires the use of competent evidence to create a sufficient factual showing on the grounds for relief. (See, e.g., ReadyLink Healthcare v. Cotton (2005) 126 Cal.App.4th 1006, 1016; Ancora‐ Citronelle Corp. v. Green (1974) 41 Cal.App.3d 146, 150.) Injunctive relief may be granted based on a verified complaint only if it contains sufficient evidentiary, not ultimate, facts. (S...

Excerpt: ...n. Plaintiffs are ordered to file a declaration 5 days before the continued hearing date informing the Court as to whether Defendant complied. Legal Standard If a party fails to comply with a court order compelling a further response to a request for production, the court may impose monetary, issue, evidence, or terminating sanctions. (Code Civ. Proc. § 2031.310, subd. (i).) CCP section 2023.030 provides that, "[t]o the extent authorized by the ...

Excerpt: ...'s Objections to Victor Ramsis Kozman Declaration Nos. 1-5 are SUSTAINED. Defendant's Objections to Tony Khalaf Declaration Nos. 1-6 are OVERRULED. Legal Standard Forum non conveniens is “an equitable doctrine invoking the discretionary power of a court to decline the exercise of jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere.” (Stangvik v. Shiley, In...