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: ...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: ...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: ... 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...