Excerpt: ...6, 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 pleadings alone and not the ev...

Excerpt: ...st Defendants Edith Jordan (“Edith”), Wolfgang Jordan (“Woflgang”) and the Edith and Wolfgang Jordan Living Trust (the “Trust”) (collectively, “Defendants”), asserting causes of action for negligence and premises liability On October 27, 2021, Defendants filed their answer to the complaint. On December 22, 2021, Defendants filed the instant motion for leave to compel Plaintiffs' independent medical examinations. On December 27, 20...

Excerpt: ...6, 2021, Defendant filed her answer to the complaint. On March 10, 2022, Plaintiff filed the instant motion to quash subpoenas for Plaintiff's insurance records. Thereafter, on April 22, 2022, Defendant filed her opposition. No reply has been filed. Legal Standard A copy of a subpoena for business records must be served on all other parties who have appeared in the action. (CCP § 2025.240(a).) Code of Civil Procedure, Section 1987.1, subdivision...

Excerpt: ...is ordered to serve a verified response to Defendant's Request for Production of Documents, Set One, within ten days of this Court's Order, without objections. Defendant Anthony Torres Demolition Corporation's Motion to Compel Responses to Special Interrogatories, Set One from Plaintiff is GRANTED. Plaintiff is ordered to serve a verified response to Defendant's Special Interrogatories, Set One, within ten days of this Court's Order, without obje...

Excerpt: ... quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. The court may also “make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Civ. Code Proc. § 1987.1, subd. (a).) Discussion On or about December 3, 2021...

Excerpt: ...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 discovery.... (g) Disobeying a court order to provide discovery...." "The trial court may order a terminating sa...

Excerpt: ...ns in the amount of $720.51 on Plaintiff Caitlin McBride and her counsel of record, Hesam Yazdanpanah, jointly and severally, to be paid 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 ti...

Excerpt: ...in the amount of $500.34 against Plaintiff Isabel Garza and her attorneys of record Robert Bazikyan and Armen Khoshoryan. Plaintiff Isabel Garza and her attorneys of record Robert Bazikyan and Armen Khoshoryan are ordered to pay sanctions in the amount of $500.34 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 a...

Excerpt: ...e Services, Inc. (2000) 24 Cal.4th 83, 97.) “[U]nder California law, as under federal law, an arbitration agreement may only be invalidated for the same reasons as other contracts.” (Armendariz at 98.) Both the FAA and CAA reflect public policy in favor of enforcing arbitration agreements. “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereaf...

Excerpt: ...r service of process is essential to establish personal jurisdiction. [Citation.]” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) “[T]he filing of a proof of service creates a rebuttable presumption that the service was proper” but only if it “complies with the statutory requirements regarding such proofs.” (Id. at 1441- 1442.) When a defendant moves to quash service of the summons and complaint, the plaintiff has...

Excerpt: ...eeking discovery may move the court for an order compelling that answer or production.” (b)¿This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040. (c)¿Notice of this motion shall be given to all parties and to the deponent either orally at the examination, or by subsequent service in writing. If the notice of the mo...

Excerpt: ...ary sanctions of $660 on Defendant Christian Eunice Garcia and counsel of record, Law Offices of Thomas D. Pokladowski & Associates, jointly and severally. 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 fo...

Excerpt: ...GRANTED with leave to amend. 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 contentio...

Excerpt: ...rmed and believe that the land where the incident occurred is owned by the County of Los Angeles." (Declaration of Barry Gillies, ¶ 5.) 2. "I am informed and believe that the County of Los Angeles leases portions of the Fairplex to the Los Angeles County Fair Association, including the property on which the Sheraton Conference Center is located." (Declaration of Barry Gillies, ¶ 6.) 3. "I am informed and believe that in 2015, the Fair contracte...

Excerpt: ...fected 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 discovery.... (g) Disobeying a court order to provi...

Excerpt: ...t or default judgment and for leave to defend the action.¿ The¿notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him¿or her; or (ii) 180 days after service on him¿or her¿of a written notice that¿the¿default or default judgment has been entered.” (CCP § 473.5(a).) “A notice of motion to set aside a default or default jud...

Excerpt: ...on took place at the intersection of Washington Boulevard and Soto Street, approximately 250 feet west of said intersection, in the city of Los Angeles, and state of California. On February 2, 2022, the Plaintiffs filed this Motion to Quash a Deposition Subpoena pursuant to California Code of Civil Procedure section 1987.1 because the Plaintiffs allege that when the Court issued an Order on Defendants' request to reopen discovery on July 24, 2020...

Excerpt: ...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.” (Code Civ. Proc., § 2025.450(a).) CCP section¿2025.450(b) provides:¿“A mo...

Excerpt: ...34, 35, 36, 37, 38, 39  The following objections are sustained: 8, 10, 11 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.) CCP Section 437c(c) “requires the trial ju...

Excerpt: ...5, 6  The following objections are sustained: n/a Defendant's Objections to Plaintiff's Evidence:  The following objections are overruled: 1, 2, 3, 4, 5, 6, 7, 8, 9, 14, 15  The following objections are sustained: 10, 11, 12, 13, 16, 17 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 enab...

Excerpt: ...).) 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) 111 Cal.App.3d 902, 905–906.) Compel RPDs Where there has been no timely response to a demand for the product...

Excerpt: ...reasonable, that party may move for an order setting the compensation rate and notice of the motion shall be given to the expert. (Code of Civ. Proc., § 2034.470(a).) The notice shall be accompanied by a meet and confer declaration under Code of Civil Procedure section 2016.040. (Code of Civ. Proc., § 2034.470(b).) In any attempt at informal resolution, either the party or expert shall provide the other with: (1) proof of the ordinary and custo...

Excerpt: ...o- obligors . . . .” (Code. Civ. Proc., § 877.6(a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Id., § 877.6(c).) Although a determination that a settlemen...

Excerpt: ...a (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 of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the de...

Excerpt: ...ard 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 of fact or...

Excerpt: ..., · The following objections are sustained: n/a 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.) CCP Section 437c(c) “requires the trial judge to grant summary judgmen...

Excerpt: ...rminating] 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 discovery.... (g) Disobeying a court order to provide discovery...." "The trial court may order a terminating sanction for discovery abuse 'after considering the ...

Excerpt: ...y an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or ne...

Excerpt: ...ubd. (c).) However, the Court cannot take judicial notice of the facts within these document as they are reasonably subject to dispute and are not capable of immediate and accurate determination. (See Evid. Code § 452, subd. (h).) 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 ...

Excerpt: ...r trial. (Aguilar v. Atlantic Richfield Co. (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 Healthcar...

Excerpt: ...al. (Aguilar v. Atlantic Richfield Co. (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 Cor...

Excerpt: ...ilability 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 be...

Excerpt: ...vailability 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 ...

Excerpt: ...ame of a party, or a mistake 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 favo...

Excerpt: ...of record, Downtown L.A. Law Group, jointly and severally. 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 pa...

Excerpt: ...itnesses 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 ready for trial. (Id., Rule...

Excerpt: ...ation of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220.) Pursuant to CCP § 2032.220(b), this demand may be made “without leave of court.” “If a party is required to submit to a phy...

Excerpt: ...ustin Eugene Davis, and owned by Sprinter Trucking, Inc. (collectively, Sprinter Defendants). As Plaintiff was between the two trucks, Defendant Gonzales allegedly veered the semi- truck to the left where Plaintiff was riding his motorcycle, causing Plaintiff to make contact with the Sprinter semi-truck to his left. Consequently, Plaintiff fell off his motorcycle and sustained severe injuries. On September 15, 2020, Plaintiff filed a complaint ag...

Excerpt: ...rences to Code of Regulations, Title 5, sections 5551. Meet and Confer The demurrer and motion to strike are accompanied by the declaration of Louis R. Dumont, which satisfies the meet and confer requirements. (Code Civ. Proc. §§ 430.41; 435.5.) 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 l...

Excerpt: ...nce of the witnesses or the ends of justice will thereby be promoted.” (Id. § 396b(d).) A court may, on motion, transfer an action if (a) the action was filed in the improper court; (b) an impartial trial cannot be held therein; (c) for the convenience of witnesses and to promote justice; (d) where no judge therein is qualified to act; or (e) where a dissolution of marriage action has been filed in the county in which the defendant has resided...

Excerpt: ...r 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 decisions were made, and what new or different facts, circumstances, or law...

Excerpt: ... contractual indemnity. (Code Civ. Proc., §§ 877(a)–(b).) 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 whether the settlement amount is “in the ballpark” of the settling party's share of liability for the injuries: 1) a ro...

Excerpt: ...o the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move f...

Excerpt: ...xamination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220.) Pursuant to CCP § 2032.220(b), this demand may be made “without leave of court.” California Code of Civil procedure sect...

Excerpt: ...declaration of Daniel Repchian, which satisfies the meet and confer requirements. (Code Civ. Proc. §§ 430.41.) 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...

Excerpt: ...ion 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 subpoena entirely, modifying it, or directing compliance with it upon those terms and c...

Excerpt: ...n incident that occurred on February 17, 2017. On September 24, 2021, Defendant Starbucks Corporation filed motions to compel Plaintiff to provide responses to Form Interrogatories, Special Interrogatories, and Request for Production (all Set One) against Plaintiff Pierre Lependeven. On September 24, 2021, Defendant Starbucks Corporation filed a notice of lodgment of exhibits in support of Defendant's motions to compel. DISCUSSION Defendant prese...

Excerpt: ...n 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., § 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Discussion Meet and Confer CCP § 435.5 requires a moving party in certain civil actions, before filing a motion to strike, to engage in a specified meet and confer process with the party who filed the pleadin...

Excerpt: ...gency.”¿ (CCP § 2025.010.) “Personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery.” (CCP § 2020.220(c).) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspect...

Excerpt: ...30.41; 435.5.) 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...

Excerpt: ...ved with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that deponent. (b) Notwithstanding subdivision (a), for good cause shown, the court may grant leave to take a subsequent deposition, and the parties, with the consent of any deponent who is not a party, may stipulate that a subsequent deposition be taken. (Code Civ. Proc. § 2025.610.) Code of Civil Procedure section 2025.290 states in relevant part: “...

Excerpt: ...dant Taek Kyung Kim and against Plaintiff Daniel Demeyer and counsel of record, Chris Ghahreman of Law Offices of K. Christopher Ghahreman, jointly and severally. 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 l...

Excerpt: ...ntry 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 decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code Civ. Proc., § 1008(a).) A trial court has d...

Excerpt: ... pursued workers' compensation benefits from his employer, the City of Los Angeles. On July 15, 2021, Plaintiff filed a complaint against Defendant for motor vehicle negligence. On August 20, 2021, Intervenor City of Los Angeles filed a complaint in intervention for subrogation of workers' compensation benefits paid. On November 23, 2021, Plaintiff filed this motion to determine the amount of lien to be reimbursed to Intervenor City from the sett...

Excerpt: ....) 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 fac...

Excerpt: ..., 10, 11, 12, 13, 14, 15, 16, 17, 18  The following objections are sustained: n/a 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.) CCP Section 437c(c) “requires the ...

Excerpt: ...c. §§ 430.41; 435.5.) 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.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial n...

Excerpt: ... Prindle, Goetz, Barnes & Reinholtz, LLP, jointly and severally. 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 mov...

Excerpt: ...ield 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 fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcar...

Excerpt: ...Plaintiff alleges that the Defendant's breached their duty of care by failing to clean, supervise, manage and monitor the floor on the subject premises that created the hazardous and dangerous conditions on the subject premises. On June 17, 2021, The Plaintiff's attorney filed a motion to be relieved as counsel. This motion was granted on August 23, 2021. On July 20, 2021, the Defendants filed a Motion to Compel Plaintiff to attend her deposition...

Excerpt: ...ransaction 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, unless that person's interest is adequately represented by one or more of the existing parties.” Additionally, upon timely application, a court may “permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation,...

Excerpt: .... §§ 430.41; 435.5.) 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.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial no...

Excerpt: ...idering 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 li...

Excerpt: ...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 interrogatories was properly served on the opposing party, ...

Excerpt: ... 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 interrogatories was properly served on the opposing party, that the time to respond h...

Excerpt: ...le 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.” “[W]henever an application for relief is made no more than six months after entry of judgment, is in proper form, and is acc...

Excerpt: ...ny basis consistent with the Constitutions of California and the United States. (Civ. Proc. Code, § 410.10.) “When a defendant moves the trial court to quash service of summons for lack of personal jurisdiction, the plaintiff has the initial burden of proving that sufficient contacts exist between the defendant and California to justify the exercise of personal jurisdiction.” (Malone v. Equitas Reinsurance Ltd. (2000) 84 Cal.App.4th 1430, 14...

Excerpt: ...the amendment, but the appropriate exercise of that discretion requires the trial court to consider a number of factors: ‘including the conduct of the moving party and the belated presentation of the amendment. The law is well settled that a long-deferred presentation of the proposed amendment without a showing of excuse for the delay is itself a significant factor to uphold the trial court's denial of the amendment.” (Leader v. Health Ind. O...

Excerpt: ...ons 815.2, 815.4, 8.15.6, 820, and 840.2 from Plaintiff's first cause of action for premises liability/dangerous condition of public property. The motion to strike as to the second cause of action is MOOT. Meet and Confer The demurrer and motion to strike are accompanied by the declaration of Margaret Shikibu which satisfies the meet and confer requirements. (Code Civ. Proc. §§ 430.41; 435.5.) Request for Judicial Notice The Court grants Defend...

Excerpt: ...ontext. 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. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only ...

Excerpt: ...City of Los Angeles's Motion to Strike Plaintiff's FAC is GRANTED. (CCP § 436(b).) Legal Standard Standard of Review – Demurrer A demurrer tests the sufficiency of the pleading at issue as a matter of law, i.e., it raises issues of law, not fact, regarding the form or content of the opposing party's pleading (complaint, petition, answer or cross-complaint). (CCP §§ 422.10, 589; see Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 9...

Excerpt: ...the City of Los Angeles. Legal Standard Compel Responses to 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(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...

Excerpt: ...0.290(c), 2031.300(c).) Legal Standard Under California's Discovery Act, a judge may impose sanctions against anyone that is “misusing the discovery process.” (CCP § 2023.010; Sabetian v Exxon Mobil Corp. (2020) 57 Cal.App.5th 1054, 1084; Cornerstone Realty Advisors, LLC v Summit Healthcare REIT, Inc. (2020) 56 Cal.App.5th 771, 790.) Misuse of the discovery process includes “[f]ailing to respond or to submit to an authorized method of disc...

Excerpt: ...officer shall send written notice to the deponent and to all parties attending the deposition when the original transcript of the testimony for each session of the deposition is available for reading, correcting, and signing, unless the deponent and the attending parties agree on the record that the reading, correcting, and signing of the transcript of the testimony will be waived or that the reading, correcting, and signing of a transcript of th...

Excerpt: ...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.) 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...

Excerpt: ...6) 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 Ca...

Excerpt: ...e of the good faith of a settlement entered into by the plaintiff or . . . and one or more alleged tortfeasors or co-obligors . . . .” “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or compa...

Excerpt: ...ponds in a substantial and meaningful way to the Defendant's questions for the time needed to complete the deposition, the Court may then be inclined to deny the terminating sanctions and impose monetary sanctions. Otherwise, the Court may be inclined to impose terminating sanctions and dismiss the Complaint. Legal Standard Under California's Discovery Act, a judge may impose sanctions against anyone that is “misusing the discovery process.” ...

Excerpt: ... the ground by the exit of the store. As a result of this fall, Plaintiff sustained substantial injuries, including injury to her knees, back, left elbow and shoulders. Plaintiff continues to suffer from back pain, remains in treatment due to the injuries to her knees, and is impacted daily, including an inability to regain employment. Procedural On July 27, 2018, Plaintiff filed a complaint on the Defendants. In December of 2019, Plaintiff propo...

Excerpt: ...plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code of Civ. Proc. § 2032.220(a).) Further, an order granting e...

Excerpt: ...and his employer, Defendant Pro Em Operations, LLC, (hereinafter "SOCAL'") however, Plaintiff only effectuated service as to Defendant SOCAL, the employer. B. PROCEDURAL On June 14, 2018, Proof of Service as to Defendants Universal Resource Supply LLC, SOCAL, and Universal Resource Supply (Legacy Party) were filed by the Plaintiff. There is no evidence in the court's records of proof of service to the Defendant in question, Mr. Lomeli. On Februar...

Excerpt: ...ate specified in a demand for that exchange, the court may grant leave to submit that information on a later date. (b) A motion under subdivision (a) shall be made a sufficient time in advance of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. Under exceptional circumstances, the court may permit ...

Excerpt: ...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 make an order quashing or modifying a subpoena as necessary to protect a person from “...

Excerpt: ...iff listed in his original complaint. In the amended complaint, Doe 7 is identified as "Harvey Jeffrey Lind, Trustee of the 1992 Harvey and Lauren Lind Family Trust, dated October 26, 2992 as amended March 8, 1999." (Amendment to Complaint, filed 9/3/21). On December 11, 2018, at 13101 W. Washington Blvd., Los Angeles, CA 90066, Plaintiff Howard Feldman was lawfully on the subject premises when he slipped and fell, enduring serious and permanent ...

Excerpt: ...ster near his fistula which became infected, enlarged, and placed Plaintiff's life at risk resulting in the loss of significant amounts of blood while at home in front of his fiancée and family Karime Lerma Gonzalez. Sophia Kayleen Pineda, and Kaiden Octavio Pineda (Collectively “Plaintiffs”). On May 17, 2021, Plaintiffs Octavio Pineda, Karime Lerma Gonzalez, Sophia Kayleen Pineda, and Kaiden Octavio Pineda (Collectively “Plaintiffs”) fi...

Excerpt: ...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.” (Code Civ. Proc., § 2025.450(a).) CCP section¿2025.450,(b) provides:¿“A motion under subdivision (a) shall comply with both of the following:¿ 1. The motion shall se...

Excerpt: ...g default judgment. (Code Civ. Proc., § 2023.030(d).) A violation of a discovery order is sufficient for the imposition of terminating sanctions. (Collison & Kaplan v. Hartunian (1994) 21 Cal.App.4th 1611, 1620.) Terminating sanctions are appropriate when a party persists in disobeying the court's orders. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 795-796.) A terminating sanction is a "drastic measure which should be employed with caution." (D...

Excerpt: ...t) is GRANTED pursuant to Evidence Code section 452(d). Defendants' request for judicial notice of Exhibit L (Plaintiff's Voluntary Petition Filing for Bankruptcy) is GRANTED pursuant to Evidence Code section 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. (Taylo...

Excerpt: ... same date adding defendant West Coast Commercial Pools as a defendant. A Notice of Stay of Bankruptcy Proceedings was filed by the defendant also on 12/07/2020. On 03/02/2021, the defendant provided the Court will evidence of a notice of bankruptcy discharge under Chapter 11 of the United States Bankruptcy Code. The Bankruptcy Court entered the Order (I) Confirming First Amended Joint Chapter 11 Plan of Reorganization of 24-Hour Fitness Worldwid...

Excerpt: ...he 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 subpoena entirely, modifying it, or directing compliance with it upon those t...

Excerpt: ...ly burdensome or expensive. (Cal. Civ. Proc. § 2019.030(a).) The court may make these determinations pursuant to a protective order by a party or other affected person. (Cal. Civ. Proc. § 2019.030(b).) Such a motion must be accompanied by a meet and confer declaration under section 2016.040. (Id.) With regard to physical examinations, if the examiner becomes abusive to the examinee or undertakes to engage in unauthorized diagnostic tests and pr...

Excerpt: ...bly 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, 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 make an or...

Excerpt: ...in Los Angeles, California, 90042. Complaint, p. 5 ¶1-2. On this date, Plaintiff alleges that driver for UBER, Megan Degeneffe negligently operated the motor vehicle in a manner that resulted in a collision and injury to the Plaintiff who was a passenger in the vehicle. Id. at ¶3. Plaintiff also alleges that Defendant UBER negligently entrusted, hired, trained, and supervised the Defendant because they had actual and/or constructive knowledge t...

Excerpt: ...P.T., Brian P.T., and Bellanira (Bella) P. (“Plaintiffs”) filed a complaint against defendants, the County of Los Angeles (County), and County Children's Service Workers (CSW) Jennifer Magallenes, Elizabeth Ramos, and Luis Cardenas (“CSW Defendants” together with the County, “Defendants”). The Second Amended Complaint (SAC) alleges two causes of action against Defendants for: public employee liability under Government Code Section 820...

Excerpt: ...”) filed the instant action for automobile subrogation against Defendant Isaiah I. Mapu (“Defendant”) on February 7, 2020. On April 22, 2021 Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. (Stip and Order for Entry of Judgment, filed 04/22/21.) The request for dismissal with retention of jurisdiction was granted on May 4, 2021...

Excerpt: ...S WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT WANG IS ALSO ORDERED TO PAY SANCTIONS OF $219.15 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. Plaintiff Lanay Miller's Motion Compelling Defendant Charlie Lin's Responses to Form Interrogatories, Set One, and for Monetary Sanctions is GRANTED. DEFENDANT LIN IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDAN...

Excerpt: ....App.4th 488, 495.) Code of Civil Procedure section 473(b) provides, in relevant part: 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 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 ...

Excerpt: ...r 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 make an order quashing or modifying a subpoena as necessary to protect a person from “unreasonable or oppressive demands, including u...

Excerpt: ...tion 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 subpoena entirely, modifying it, or directing compliance with it upon those terms and ...

Excerpt: ...antic Richfield Co. (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...