Excerpt: ...ement discharges the settling defendant from liability to the other defendants for equitable contribution or comparative indemmty butinotifor contractual indemnity. (Code Civ. Proc„ SS In order to determine whether the settlement was made in good faith under CCP section 877.6, the Court applies the following factors identified by the California Supreme Court in Tech Bilt Inc. v. Woodward- Clyde & Associates (1985) 38 Cal.3d 488 to determine whe...

Excerpt: ...147 Cal.App.4th 740, 747.) VVhen considering demurrers, courts read the allegations liberally and in context. (Taylor v. Ci)' of Los Angeles Dept of Water and Power (2006) 144 CalApp.4th 1216, 1228.) The court "treatls] the demurrer as admitting all material facts properly 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 ...

Excerpt: ...Iacob Isaak Cerrillo, Juan Jose Ramirez Herrera, and Stephanie Cortes and counsel of record Alexander M. Polyachenko, are ordered to pay monetary sanctions in the amount of S400, jointly and severally, within 30 days of this order. Legal Standard Compel RPDs VVhere there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response. (Code Civ. Proc. S 2031.300Cb).) Failure to ...

Excerpt: ...cluding any party to the action. (Code Civ. Proc„ 5 2025.010.) VVhere a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objectmg parv must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (bj.) CCP sectioni2025.450(a) after service of a deposition notice, a party to t...

Excerpt: ... as admitting all material facts properly 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, ...

Excerpt: ...he deposition... ." (Code Civ. S 2034.430, subd. "If a party desirmg to take the deposition of an expert witness under this article deems that the hourly or daily fee of that expert for providing deposition testimony is unreasonable, that party may move for an order setting the compensation of that expert" and notice of the motion shall be given to the expert (Code Civ. Proc„ 5 2034.470, subd. The motion mustbe accompanied by a meet and confer ...

Excerpt: ...reopen discovery proceedings" unless a motion to reopen discovery is filed and granted pursuant t0iCCPisection 2024.050.i (Code Civ. Proc„ 5 Industries, Inc. v. Delta Packaging Products, Inc.i(2008) 165 Cal.App.4th 1568.)äCCPisection 2024.050 provides that "[o]nimotion of any party, the court may grant leave to complete discovety proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, orto reopen discover...

Excerpt: ...eaded, 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 appear on the...

Excerpt: ...e possibility that the moving defendant will obtain judgment in the action or special proceeding." (ld., 510300.) The motion must be accompanied by an affidavit stating the nature and amount of costs and attorneys fees the defendant has incurred and expects to incur. (ld.) If the motion is granted and the plaintiff fails to file the undertaking within the time allowed, the plaintiffs action or special proceedmg shall be dismissed as to the defend...

Excerpt: ...c) "requires the trial judge to grant summary judgment if all the evidence submitted, and 'all mferences 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.) "The function of the pleadings in a motion for summary ...

Excerpt: ... Cal.4th 826, 843.) "Code of Civil Procedure section 437c, subdivision (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 factand that the moving is entitled to judgment as a matter of law." (Adler v. Manor Healthcare corp. (1992) 7 CalApp.4th 111...

Excerpt: ...ds 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 subpoena entirely, modiönngit, or directing compliance with it upon those terms and conditions as the court may speci$. (See Code Civ. Proc. S 1987.1; Southern Pac co. v. Superior Court (1940) 15 Ca12d 206.) The court can compel a witness' compliance with a subpoena on such terms and conditions as appropriate t...

Excerpt: ... other excusable circumstances"; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparmg for trial; (3) "excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts"; or (4) "[a] significant unanticipated change in the status of the case" preventing it from being ready for trial. (Id„ Rule 3.1332(c).) Other relevant considerations may i...

Excerpt: ...ces, Inc. are admitted. Plamtiffs request for sanctions is GRANTED. Defendant Transdev Sewices, Inc. is ordered to pay sanctions to Defendant in the amount of S880 within 30 days of this order. Plamtiff is ordered to pay $60 in filing fees. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to sewe a timely response, the propounding party may move for an order compelling responses and for a monetary sancti...

Excerpt: ... Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) VVhen considering demurrers, courts read the allegations liberally and in context. (Taylor v. Ci)' of Los Angeles Dept of Water and Power (2006) 144 CalApp.4th 1216, 1228.) The court "treatls] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact...

Excerpt: ...reopen discovery proceedings" unless a motion to reopen discovery is filed and granted pursuant t0iCCPisection 2024.050.i (Code Civ. Proc„ 5 Industries, Inc. v. Delta Packaging Products, Inc.i(2008) 165 Cal.App.4th 1568.)äCCPisection 2024.050 provides that "[o]nimotion of any party, the court may grant leave to complete discovety proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, orto reopen discover...

Excerpt: ...f 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 subpoena entirely, modiönngit, or directing compliance with it upon those terms and conditions a...

Excerpt: ...ged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross- complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought againsthim or (2) asserts a claim, right or interest in the property or controversy which is the subject of the cause brought against him." (CCP S 428.100.) A party shall obtain leave of court ...

Excerpt: ... is not grounds to overrule the demurrer, the Courts wnll address the merits. Legal Standard Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) VVhen considering demurrers, courts read the allegations liberally and in context. (Taylor v. Ci)' of Los Angeles Dept of Water and Power (2006) 144 CalApp.4th 1216, 1228.) The court "treatls] the demurrer as admitting...

Excerpt: ...her or not such person is already a party to the action, if the cause of action asserted in his cross- complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought againsthim or (2) asserts a claim, right or interest in the property or controversy which is the subject of the cause brought against him." (CCP S 428.100.) A party shall obtain leave of court to file a cross-complaint if i...

Excerpt: ...out the name of any party, or by correctmg a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.i 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."i ...

Excerpt: ... as admitting all material facts properly 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, ...

Excerpt: ... transaction, occurrence, or series of transactions or occurrences as the cause brought againsthim or (2) asserts a claim, right or interest in the property or controversy which is the subject of the cause brought against him." (CCP S 428.100.) A party shall obtain leave of court to file a cross-complaint if it is not concurrently filed with the answer or at any time before the court sets a trial date. Leave may be granted in the interest of just...

Excerpt: ...rant 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 factand that the moving is entitled to judgment as a matter of law." (Adler v. Manor Healthcare corp. (1992) 7 CalApp.4th 1110, 1119.) "On a motion for summary judgment, the initial burden is always on the moving party to make a p...

Excerpt: ...otion to set the reasonable rate of Provders deposition fee is CONTINUED for inadequate notice. Legal Standard Pursuant to Code of Civil Procedure S 2034.410, upon receipt of an expert witness list, any designated expert may have their deposition taken. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action.i(Code of Civ. Proc„ 5 2025.010.)iA properly served deposi...

Excerpt: ..." (CCP S 2024.0200.) However, in Beverly Hospital v. Superior Court (1993) 19 Cal.App.4th 1289, the Court held that a mistrial, new trial, or a reversal on appeal all result in discovery being automatically reopened. (ld.) The Court in Beverly stated that: "In California, the cutoff date for discovery is generally lmked to 'the date initially set for trial.' ... For example, section 2024, subdivision (a) [now CCP section 2024.020] provides in rel...

Excerpt: ...s Angeles Dept of Water and Power (2006) 144 CalApp.4th 1216, 1228.) The court "treatls] the demurrer as admitting all material facts properly 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...

Excerpt: ...als are disfavored, each request for a continuance must be considered on its ovvn merits. The court may grant a continuance only on an affirmative showmg of good cause requiring the continuance. CRC, Rule 3.13320 lists several circumstances that may indicate good cause, including the unavailability of witnesses, the unavailability of parties, the unavailability or substitution of trial counsel, the addition of new parties, a party s excused inabi...

Excerpt: ...s assigned for trial are firm, and parties and their attorneys must regard these dates as certain to ensure prompt disposition of civil cases. (CRC 3.13320.) However, CRC, Rule 3.1332(c) states, in relevant part: "Although continuances oftrials are disfavored, each request for a continuance must be considered on its ovvn merits. The court may grant a continuance only on an affirmative showmg of good cause requiring the continuance. CRC, Rule 3.13...

Excerpt: ...s liberally and in context. (Taylor v. Ci)' of Los Angeles Dept of Water and Power (2006) 144 CalApp.4th 1216, 1228.) The court "treatls] the demurrer as admitting all material facts properly 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....

Excerpt: ...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 subpoena entirely, modiönngit, or directing compliance with it upon those terms and conditions as the court may speci$. (See Code Civ. Proc. S 1987.1; Southern Pac co. v. Superior Court (1940) 15 Ca12d 206.) The court can make an order quashing or modi$ing ...

Excerpt: ...m, and parties and their attorneys must regard these dates as certain to ensure prompt disposition of civil cases. (CRC 3.13320.) However, CRC, Rule 3.1332(c) states, in relevant part: "Although continuances oftrials are disfavored, each request for a continuance must be considered on its ovvn merits. The court may grant a continuance only on an affirmative showmg of good cause requiring the continuance. CRC, Rule 3.13320 lists several circumstan...

Excerpt: ...the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of factor 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...

Excerpt: ...he 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 judgmentas a matter of law." (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) "The function of the pleadings in a motion for summary judgment is to...

Excerpt: ...r trial are firm, and parties and their attorneys must regard these dates as certain to ensure prompt disposition of civil cases. (CRC 3.13320.) However, CRC, Rule 3.1332(c) states, in relevant part: "Although continuances of trials are disfavored, each request for a continuance must be considered on its ovvn merits. The court may grant a continuance only on an affirmative showmg of good cause requiring the continuance. CRC, Rule 3.13320 lists se...

Excerpt: ...uments, 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 subpoena entirely, modiönngit, or directing compliance with it upon those terms and conditions as the...

Excerpt: ...ss, or other excusable circumstances"; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparmg for trial; (3) "excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts"; or (4) "[a] significant unanticipated change in the status of the case" preventing it from being ready for trial. (Id„ Rule 3.1332(c).) Other relevant considerations...

Excerpt: ...ct. Application for this relief shall be made within a reasonable time, in no case exceeding six months, after the dismissal was taken." CCCP section 473 The mandatory prong states: "The court shall, whenever an application for relief is made no more than six months after entry ofjudgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any resultin...

Excerpt: ...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 followmg: (1) The party. (2) An attorney who represents the party. (3) Ifthe party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behal...

Excerpt: ...4th 1216, 1228.) The court "treatls] the demurrer as admitting all material facts properly 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...

Excerpt: ... to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).)...

Excerpt: ...ower (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 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...

Excerpt: ... sought, or upon the court's 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 and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) There is no requirement that the motion contain a meet-and-confer declaration demonstrating a good- faith...

Excerpt: ...tradicted 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.) A defendant moving for summary judgment or summary adjudication “has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of ac...

Excerpt: ...ty of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being rea...

Excerpt: ...a).)¿ 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 ...

Excerpt: ...ment on the pleadings may be made any time before or during trial. (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) “Such motion may be made on the same ground as those supporting a general demurrer, i.e., that the pleading at issue fails to state facts sufficient to constitute a legally cognizable claim or defense.” (Ibid.) “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally ...

Excerpt: ...able neglect. Application for this relief … shall be made within a reasonable time, in no case exceeding six months, after the … dismissal … was taken.” (CCP section 473(b).) The mandatory prong states: “The court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise,...

Excerpt: ...ions 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 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. (Dona...

Excerpt: ...s and costs associated with bringing these motions to compel. Legal Standard Any party may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party...

Excerpt: ...within 30 days of this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails 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 interro...

Excerpt: ...1008(a) provides that “[w]hen an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, 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 ord...

Excerpt: ...er or not such person is already a party to the action, if the cause of action asserted in his cross- complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” (CCP § 428.10(b).) A party shall obtain leave of court to file a cross-complain...

Excerpt: ...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 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 ...

Excerpt: ...nces”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevant considerations may include: “(1) ...

Excerpt: ...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 conclusions...

Excerpt: .... VVhere such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (ld.) The court must grant relief from dismissal where the application is accompanied by an attorney affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. (ld.) In either case, the application must be made withm a reasonable time, a...

Excerpt: ...ithin 30 days of this order and produce the documents identified in the deposition subpoena within 30 days of this order. Defendant's Motion to Compel Linda Yu's Deposition and Production of Documents is GRANTED. Linda Yu is ordered to appear for deposition within 30 days of this order and produce the documents identified in the deposition subpoena wnthin 30 days of this order. Defendant's Motions to Compel Comprehensive Pain Managements Custodia...

Excerpt: ...d in Defendants Request for Admissions, Set One, are deemed admitted and true by Plaintiff. A court may take judicial notice of the "[r]ecords of (1) any court of this state ...." (Evid. Code, 5 452, subd. Thus, unquestionably, a "court may judicially notice its own records and proceedings in the same case. [Citations.]" (Cit•y etc. of San Francisco v. Carraro (1963) 220 CalApp.2d 509, 527.) Pursuant to Evidence Code SS 452(d) and 453, Defendan...

Excerpt: ...e complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) VVhen considering demurrers, courts read the allegations liberally and in context. (Taylor v. Ci)' of Los Angeles Dept of Water and Power (2006) 144 CalApp.4th 1216, 1228.) The court "treatls] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ...." (Berkley v. Dowds (2007) 152 Cal.App.4t...

Excerpt: ...take in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.i 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."i "This discretion should be exercised liberally in favor of amendments, for judicial p...

Excerpt: ...ord; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest (CRC 2.550(d).) Pursuantto Rule 2.550(e), "[a]n order sealing the record must: (A) Specifically state the facts that support thefindings; and (B) Direct...

Excerpt: ...nctions in the amount ofS760, jointly and severally, unthin 30 days of this order. Plamtiff is ordered to pay $120 in filing fees. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to sewe a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc„ S 2030.290, subd. The statute contams no time limit for a motion to compel where no res...

Excerpt: ...for a monetary sanction. (Code Civ. Proc„ S 2030.290, subd. The statute contams 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 kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.) Compel RPDs VVhere there...

Excerpt: ...'s discretion. (See, Websterv. Sup. Ct (1988) 46 Cal. 3d 338, 345.) Discussion Plamtiff moves for a complete stay of this case, including trial, discovery and other facets of litigation, pending the appeal of a Motion for Summary Judgment ruling and Judgment in a coverage action, entitled National General Premier Insurance Company v. Diana Haro a.ka. Dianaluz Haro, Jason Carpenter, Anella Valeros, and Does 1-50 (Case No. 21STCV26582). Plamtiff ar...

Excerpt: ... liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross- complaint (1) arises out of the same transaction, occurrence, or series of transactions or as the cause brought againsthim or (2) asserts a claim, right or interest in the property or controversy which is the subject of the cause brought against him." (CCP S 428.100.) A party shall obtain leave of court to file a cross-compl...

Excerpt: ...he 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." (Code Civ. Proc., S 664.6.) Discussion Plamtiff seeks a court order setting aside the dismissal and entering judgment aga...

Excerpt: ...e filed with the California Secretary of State. The Court takes judicial notice of the filings of these documents as the filing is an official act of California. (See Evid. Code 5 452, subd. However, the Court cannot take judicial notice of the facts within these documents as they are reasonably subject to dispute and are not capable of immediate and accurate determination. (See Evid. Code 5 452, subd. Legal Standard A demurrer for sufficiency te...

Excerpt: ...witnesses due to "death, illness, or other excusable circumstances"; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) "excused inability to obtam essential testimony, documents, or other material evidence despite diligent efforts"; or (4) "[a] significant, unanticipated change in the status of the case" preventing itfrom being ready fortrial. (ld., Rule 3.13320.) Oth...

Excerpt: ...dant are admitted. Plamtiffs request for sanctions is GRANTED. Defendant Andrew Eugene Jones and counsel of record Christopher W. Dull are ordered to pay sanctions to Plamtiff in the amount of $684.95, jointly and severally, within 30 days of this order. Plamtiff is ordered to pay $60 for the filing fee of the additional motion. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to sewe a timely response, ...

Excerpt: ...se of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) VVhen considering demurrers, courts read the allegations liberally and in context. (Taylor v. Ci)' of Los Angeles Dept of Water and Power (2006) 144 CalApp.4th 1216, 1228.) The court "treatls] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ...." (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demur...

Excerpt: ...cuments, 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 subpoena entirely, modiönngit, or directing compliance with it upon those terms and conditions as th...

Excerpt: ...r striking out the name of any party, or by correctmg a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.i 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 th...

Excerpt: ... examiner, and the "manner, conditions, scope and nature of the examination." (Code Civ. Præ„ S 2032.3100.) "An order granting a physical or mental examination shall speci$ the person or persons who may perform the exammation, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope, and nature of the examination." (Code Civ. Proc„ 5 2032.3200.) "The court is to describeÜn detailiwho will conductthe examination...

Excerpt: ... part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court (Code Civ. Proc., S 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Discussion A Meet and Confer "Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone mth the party who filed the pleading that is subject to the motion to strike for the purpose of deter...

Excerpt: ...ding not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court" The grounds for a motion to strike must "appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." (Code Civ. Proc„ S 437.) Any party may move to strike the whole or any part of a pleading withm the time allotted to respond to the pleading. (Code Civ. Proc„ S 435, subd. The ...

Excerpt: ...ilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) "Code of Civil Procedure section 437c, subdivision (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 factand that the moving is entitled to judgment as a matter of law." (Adler v. Manor ...

Excerpt: ...take in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.i 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."i "This discretion should be exercised liberally in favor of amendments, for judicial p...

Excerpt: ...ntered into by the plaintiff... and one or more alleged tortfeasors ... ." "A determination by the court that the settlementwas made in good faith shall bar any other joint tortfeasor from any further claims against the settling tortfeasor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault" (Code Civ. Proc. 5 877.6, subd. Although a determination that a settlement was ...

Excerpt: ...erms 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 followmg: (1) The party. (2) An attorney who represents the party. (3) Ifthe party is an insurer, an agent who is authorized in writing by the insurer to sign on the ins...

Excerpt: ...on Plaintiff are admitted. Defendant's request for sanctions is GRANTED. Plaintiff Juan P. Angeo is ordered to pay sanctions to Defendant in the amount ofS720 within 30 days of this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to sewe a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc„ S 2030.290, subd. The statute...

Excerpt: ... must regard these dates as certain to ensure prompt disposition of civil cases. (CRC 3.13320.) However, CRC, Rule 3.1332(c) states, in relevant part: "Although continuances oftrials are disfavored, each request for a continuance must be considered on its ovvn merits. The court may grant a continuance only on an affirmative showmg of good cause requiring the continuance. CRC, Rule 3.13320 lists several circumstances that may indicate good cause, ...

Excerpt: ...ther excusable circumstances"; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparmg for trial; (3) "excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts"; or (4) "[a] significant unanticipated change in the status of the case" preventing it from being ready for trial. (Id„ Rule 3.1332(c).) Other relevant considerations may inc...

Excerpt: ... including any party to the action. (Code Civ. Proc„ 5 2025.010.) VVhere a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objectmg parv must make personal service of that objection. Civ. Proc. 2025.410, subd. CCP sectioni2025.450(a) after service of a deposition notice, a party to the action...

Excerpt: ...hole or any part thereof. (Code Civ. S The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court (Code Civ. Proc., S 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Discussion ...

Excerpt: ...ew party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevant considerations may include: “(1) The proximity of the trial date;...

Excerpt: ...at 10:00 a.m. The fact discovery cutoff date is to comport with the May 9, 2023 trial date. The expert discovery cutoff date and the expert exchange date are to comport with the July 10, 2023 trial date. All motion cutoffs dates are to comport with the May 9, 2023 trial date, except for (1) expert discovery motions and (2) motions in limine. The parties are ordered to mediate on May 8, 2023, as scheduled, since that is one of the stated reasons a...

Excerpt: ...ound This is an action for premises liability. Plaintiff Andrew Mallon alleges he was injured when his foot went through a broken step on Defendants' property. Plaintiff filed his Complaint against Auburndale Properties, Inc. (“Auburndale”) on December 17, 2020. On May 12, 2021, American Home Assurance Company filed its Complaint in Intervention against Auburndale Properties, Inc. On May 13, 2022, Plaintiff filed a Doe Amendment naming The Sc...

Excerpt: ...y 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 kind has been served. (Leach v. Superior Court (1980...

Excerpt: ...ect. 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. (Code Civ. Proc., § 473(b).) CCP § 473.5—Lack of Actual Notice CCP § 473.5(a) provides: “When service of a summons has not result...

Excerpt: ...rdered to pay sanctions in the amount of $500.34, jointly and severally, within 30 days of this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails 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 ser...

Excerpt: ... 2022, Defendant Ralph's Grocery Company d.b.a. Food 4 Less filed this instant Motion for Summary Judgment (“Motion”). Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843....

Excerpt: ...ng Plaintiff's counsel in an attempt to schedule a second deposition, reopen fact discovery, and obtain a second IME, however, Plaintiff's counsel did not respond, necessitating this motion. Analysis 1. Compel Second IME Defendants contend that the first IME conducted on February 16, 2021 was essentially worthless given that it occurred before Plaintiff's spinal surgeries. Those surgeries increased Plaintiff's claimed damages by $300,000, constit...

Excerpt: ...osition notice, a party to the action…, 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 . . . described in the deposition notice, the party giving the notice may move for an order¿compelling the deponent's attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.”¿ (Co...

Excerpt: ...c(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.) “The function of the pleadings in a motion f...

Excerpt: ...in resisting the claims of a plaintiff, or demanding anything adverse to both a plaintiff and a defendant. (Code Civ. Proc., § 387, subd. (b).) A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. (Id., § 387, subd. (c).) The petition shall include a copy of the proposed complaint in intervention or an answer in intervention, and set forth the grounds upon which intervention rests. (Ibid.) Code o...

Excerpt: ...g 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 kind has been served. (Leach v. Superior Court...

Excerpt: ..., 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 subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The court can compel a witness' compliance with a subpoena on...

Excerpt: ...Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross- complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” (...

Excerpt: ... 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.) “The function of the pleadings in a motion for summary judgment ...