Excerpt: ... 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 subpoena for a deposition of a non-party is enforceable by a motion to compel compliance brought pursuant to Code of Civil Procedure section 1987.1. This section provides that “[i]f a subpoena requires the attend...

Excerpt: ...d in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly….” (Code Civ. Proc. § 474.) “‘The phrase “ignorant of the name of a defendant” is broadly interpreted to mean not only ignorant of the defendant's identity, but also ignorant of the facts giving rise to a cause of action against that defendant.” [Citations.] ‘“[T]he relevant inquiry when the ...

Excerpt: ...nable 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 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 ju...

Excerpt: ... interrogatories (set two), and supplemental request for production of documents (set two) are GRANTED. Plaintiff Jocelyn Candell is ordered to provide full and complete answers without objections to the outstanding discovery within 30 days of this order. Defendant's request for sanctions is GRANTED. Plaintiff Jocelyn Candell and counsel of record Hess D. Panah & Associates are ordered to pay sanctions in the amount of $780.51, jointly and severa...

Excerpt: ...ding if “a provision of law confers an unconditional right to intervene,” or “[t]he person seeking intervention claims an interest relating to the property or transaction 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.” Addit...

Excerpt: ...ation. Legal Standard A written agreement to submit to arbitration, a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (Code Civ. Proc., § 1281.) California has a strong public policy in favor of arbitration. (Moncharsh v. Heily & Blase´ (1992) 3 Cal.4th 1, 9.) On petition of a party to an arbitration agreement alleging the existence of a written agreement ...

Excerpt: ...D. Plaintiff Oscar Villalobos is ordered to provide full and complete answers to the outstanding discovery within 30 days of this order. Defendant's request for sanctions is GRANTED. Plaintiff Oscar Villalobos and his attorney of record are ordered to pay $550 in sanctions 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 ...

Excerpt: ...ut 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., § 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) 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 judicia...

Excerpt: ...unsel 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 ready for trial. ...

Excerpt: ...this order. The request for sanctions is GRANTED. Plaintiff and counsel of record Christopher Mesaros are ordered to pay monetary sanctions in the amount of $997.90, jointly and severally, within 30 days of this order. 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 obje...

Excerpt: ...on for motor vehicle negligence, stemming from a vehicle collision that occurred on June 2, 2018. On July 11, 2022, Defendants filed these motions to compel verified responses to form interrogatories (set one), special interrogatories (set one), and request for production of documents (set one) and requested sanctions. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propo...

Excerpt: ...quires 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 for summary...

Excerpt: ...he following rules apply: (a)¿The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following co...

Excerpt: ...n 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) The proximity of the tri...

Excerpt: ...ay 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 must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CC...

Excerpt: ... receive the fee of $2,000 per hour for deposition. Legal Standard A party seeking to depose an expert witness shall pay the expert's reasonable and customary hourly or daily fee for any time spent. (Code of Civ. Proc., § 2034.430(b).) If the party seeking to the take the deposition of an expert witness deems the hourly or daily fee of that expert to be unreasonable, that party may move for an order setting the compensation rate and notice of th...

Excerpt: ...ry 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 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 l...

Excerpt: ...s OVERRULED. 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 o...

Excerpt: ...expert witness declaration or failure to adequately disclose the expert's expected testimony may result in the exclusion of expert opinion. (Ochoa v. Dorado (2014) 228 Cal.App.4th 120, 139.) Section 2034.300 “empowers the court to exclude the expert opinion of any witness offered by a party who has unreasonably failed to produce expert reports and writings as required by section 2034.270. (§ 2034.300, subd. (c).) ... [A] party who fails to [co...

Excerpt: ... court to enforce a written arbitration agreement unless one of three limited exceptions applies. Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the possibility of conflicting rulings on common factual or legal issues.” (Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 967 [...

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

Excerpt: ...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 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. Mano...

Excerpt: ...iberally 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. (Donabedian...

Excerpt: ...a court may impose sanctions on a party or attorney that presents a pleading, petition, motion, or other similar papers in the following circumstances: 1) the document is presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. 2) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the exten...

Excerpt: ... under CCP section 877.6 is not opposed, the burden on the moving parties to show that the settlement was made in good faith is slight. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261 (holding that a barebones motion including a declaration setting forth a brief background is sufficient). However, when the motion is contested, then the moving parties must make a sufficient showing in the moving papers or in the reply pap...

Excerpt: ...dication as to one or more causes of action within an action, one or more affirmative defenses, one or more claim for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the pla...

Excerpt: ...ugh disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability 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 dil...

Excerpt: ...ers, 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 face of the pleading or via p...

Excerpt: ... 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 by other inferences or evidence, show that there is no t...

Excerpt: ...sed in this order. Accordingly, Plaintiff's motion is GRANTED in part and DENIED in part. The request for sanctions is GRANTED. Defendant Susan Haruko Kanegawa and counsel of record Jack M. Liebhaber are ordered to pay sanctions to Plaintiff in the amount of $810 with 30 days of this order. Legal Standard When a subpoena has been issued requiring the attendance of a witness or the production of documents, electronically stored information, or oth...

Excerpt: ...35.5(a).) Discussion As an initial matter, Plaintiffs argue that Defendant filed their motion to strike 8 days after the deadline to file and serve a responsive pleading. However, as the motion to strike has been fully briefed by both parties, the Court finds that any potential minor delay in filing the motion would have been de minimis and would not have affected the substantial rights of Plaintiffs. The Court further has the discretion to treat...

Excerpt: ...may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1).) 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...

Excerpt: ...n.”¿ (Code Civ. Proc., § 2024.020(a).)¿ “[A]¿continuance¿or postponement of the trial date does not operate to reopen discovery proceedings” unless a motion to reopen discovery is filed and granted pursuant to¿CCP¿section 2024.050.¿ (Code Civ. Proc., § 2024.020(b);¿Pelton‐Shepherd Industries, Inc. v. Delta Packaging Products, Inc.¿(2008) 165 Cal.App.4th 1568.)¿¿CCP¿section 2024.050 provides that “[o]n¿motion of any party,...

Excerpt: ...nd counsel of record Kevin P. McNamara are ordered to pay monetary sanctions in the amount of $661.65, jointly and severally, within 30 days of this order. Legal Standard CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to 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...

Excerpt: ...earing indicating whether Plaintiff has appeared for deposition. Defendants' request for sanctions is GRANTED. Plaintiff Elmer Lopez and counsel of record D. Hess Panah are ordered to pay monetary sanctions to Defendants in the amount of $630, jointly and severally, within 30 days of this order. Legal Standard CCP section 2023.030 provides that, "[t]o the extent authorized by the chapter governing any particular discovery method..., the court, af...

Excerpt: ...pert designation and to exclude defendants' expert Edmond Provder from testifying at trial is DENIED. Defendants Salvador Gallegos and Fastenal Company's motion to continue trial and extend their expert discovery cutoff date is GRANTED. Trial is continued to January 9, 2023. Legal Standard CCP § 2034.300 requires the Court to, on objection of any party who has made a complete and timely compliance with Section 2034.260, “exclude from evidence ...

Excerpt: ... the motion and enter an order for reclassification only if both of the following conditions are satisfied: (1) the case is incorrectly classified. (2) the moving party shows good cause for not seeking reclassification earlier.” Cal. Code Civ. Proc. § 403.040(b). The court can transfer an action to limited jurisdiction if “it becomes clear that the matter will ‘necessarily' result in a verdict below the superior court jurisdictional amount...

Excerpt: ...ings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the 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 the...

Excerpt: ...il 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 Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “On a mo...

Excerpt: ...is GRANTED. Claimant Diane Rodriguez is ordered to pay monetary sanctions to Petitioner in the amount of $461.65 within 30 days of this order. 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 i...

Excerpt: ...rt may, in furtherance of justice, and on any terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting 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.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendm...

Excerpt: ... any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged . . .; [and] (2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor . . . .” (11 U.S.C. § 524(a).) However, the “discharge of a debt of the debtor ...

Excerpt: .... (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 Corp....

Excerpt: ... an expert witness deems the hourly or daily fee of that expert to be unreasonable, 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 ...

Excerpt: .... Proc., §§ 2032.310(c), 2032.320(a).)¿¿¿ ¿ The motion must state the time, place, identity and specialty of the examiner, and the "manner, conditions, scope and nature of the examination."¿(Code Civ. Proc., § 2032.310(b).) “An order granting a physical or mental examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope, and nat...

Excerpt: ...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; [¶] (2) Whether t...

Excerpt: ...ses. (Code Civ. Proc. § 430.20.) “Where matters are not responsive to essential allegations of the complaint, they must be raised in the answer as ‘new matter.' . . . Such ‘new matter' is also known as ‘an affirmative defense.'” (Department of Finance v. City of Merced (2019) 33 Cal.App.5th 286, 294 [citations omitted].) Under California Code of Civil procedure section 431.30, subdivision (g), every affirmative defense “shall be sepa...

Excerpt: ...nd (4) a citation issued to Guerrero by City police regarding Duke. The request is GRANTED pursuant to Evidence Code section 452(c). 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....

Excerpt: ...lifornia courts may exercise personal jurisdiction on any 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. ...

Excerpt: ...0 days from this order at a mutually convenient date. Legal Standard C.C.P. §2032.220(a) provides, as follows: In any case in which a 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 condu...