Excerpt: ...y of the deponent, (2) only the production of business records for copying, or (3) the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things. Cal. Code Civ. Proc., § 2020.020. Personal service of any deposition subpoena is effective to require a deponent who is a resident of California to: personally appear and testify, if the subpoena so s...

Excerpt: ...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 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.”�...

Excerpt: ...dant Giuseppe Losavio. Defendant's requests for sanctions are GRANTED. Defendant Giuseppe Losavio and attorney of record Maryam Danishwar are ordered to pay monetary sanctions in the amount of $560, jointly and severally, within 30 days of this order. CH Realty is required to pay an additional $60 in filing fees. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding...

Excerpt: ...15, 16, 18, 20 The following objections are sustained: 1, 2, 3, 17, 19 2. Defendant's Objections to Declaration of Eris J. Barillas: The following objections are overruled: 1, 2, 3, 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 summa...

Excerpt: ...r 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. (1992) 7...

Excerpt: ...rgaret Burns, R.N.; and (3) Patricia Nwajuaku, M.D. only, and denied as to the rest of the depositions at issue in this motion. Legal Standard The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to¿a motion for protecti...

Excerpt: ... concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of inconsistent adjudications. (See Todd‐Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978-979.) A Notice of Motion to consolidate cases must (1) include a list of all named ...

Excerpt: ...e action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” Code Civ. Proc. § 36(a). To make the findings required by CCP section 36(a), evidence must be provided with the motion for preference establishing Plaintiff's age and the relevant conditions of her health warranting a preference. An affidavit submitted in support of section 36(a) “may be sign...

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

Excerpt: ...” CCP §473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) 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. (Id.) In either case, the application must be made within a re...

Excerpt: ...tain 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).) CCP sec...

Excerpt: ...otographs taken of Plaintiff by Pontaza. Legal Standard Protective Order CCP section 2025.420(a) provides that “[b]efore . . . a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order.” (CCP § 2025.420(a).) “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarran...

Excerpt: ...“A lien in favor of an attorney upon the proceeds of a prospective judgment in favor of his client for legal services rendered has been recognized in numerous cases.” (Cetenko v. United California Bank (1982) 30 Cal.3d 528, 531.) “In California, an attorney's lien is created only by contract – either by an express provision in the attorney fee contract or by implications where the retainer agreement provides that the attorney is to look t...

Excerpt: ...ther natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (CCP § 2025.420(b).) In fashioning a protective order, a court has the discretion to, among other things, order “[t]hat the deposition not be taken at all,” “[t]hat the deposition be taken only on certain specified terms and conditions,” or “[t]hat the deponent's testimony be taken by written, instead of oral, e...

Excerpt: ...rties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: (1) The party. (2) An attorney who represents the party. (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.” Discussion Defendant mov...

Excerpt: ... The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” Code Civ. Proc. § 36(a). To make the findings required by CCP section 36(a), evidence must be provided with the motion for preference establishing Plaintiff's age and the relevant conditions of her health warranting a preference. An affidavit submitted in support of section 36(a) “may be signed by the attorney for t...

Excerpt: ..., 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 sanction for discovery abuse 'after consider...

Excerpt: ... 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: ...y 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 attendance of a witness . . . the court, upon motion reasonably made … or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order … directing compliance with it upon those terms or conditions as the court shall declare, includi...

Excerpt: ...n to compel compliance brought pursuant to Code of Civil Procedure section 1987.1. This section provides that “[i]f a subpoena requires the attendance of a witness . . . the court, upon motion reasonably made … or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order … directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” (C...

Excerpt: ...egligence arising out of a dog attack that occurred on June 18, 2019. On June 23, 2022, Defendant Sama Lakes, LLC filed a Motion To Continue Trial. On July 11, 2022, Plaintiff Anallely Mendoza Trejo filed an opposition Defendant's Motion to Continue Trial. On July 15, 2022, Defendant filed a reply to Plaintiff's opposition. Trial is set for October 20, 2022. PARTY'S REQUEST Defendant Sama Lakes, LLC moves this Court for an order continuing the cu...

Excerpt: ...ect premises located at 1 World Way, Los Angeles, Ca 90045 (hereinafter “subject premises”), and due to their negligence, allowed a liquid substance to remain on the floor, ultimately leading to Plaintiff's injuries. (FAC, p. 4). Judicial Notice The Court takes judicial notice that Defendant Los Angeles World Airport (“LAWA”) is a department of The City of Los Angeles, a public entity, and that the same owns and operates the Los Angeles I...

Excerpt: ... natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency.” (C.C.P., § 2025.010.) “If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its officers, directors, managing agents, empl...

Excerpt: ...fendant Ramin Noorollah, erroneously sued as Noorllah Ramin, (“Defendant”) asserting the following causes of action: (1) Motor Vehicle Negligent and (2) General Negligence. On April 15, 2022, Plaintiff filed the instant motion to compel authorization for release of mobile phone records. On June 10, 2022, Defendant filed his opposition. On June 15, 2022, Plaintiff filed her reply. Legal Standard “A subpoena duces tecum for personal records m...

Excerpt: ...on On June 1, 2022, Jabbour filed the instant demurrer. Thereafter, Plaintiff filed her opposition papers on July 6, 2022. In response, Jabbour filed his reply on July 12, 2022. Legal Standard As a general matter, 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 pleading alone, and not on the e...

Excerpt: ....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 pleadings alone an...

Excerpt: ...aph 5 of the Prayer. The motion to strike punitive damages is DENIED as moot as to Paragraph 52 of the Fourth Cause of Action for Strict Product Liability. 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.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2...

Excerpt: ... her mistake, inadvertence, surprise, or excusable neglect.” (CCP §473(b).) Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) 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. (...

Excerpt: ...rt shall stay or dismiss the action in whole or in part on any conditions that may be just.” Code of Civil Procedure section 418.10 states, in relevant part: “(a) A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one of more of the following purposes: . . . (2) to stay or dismiss the action on the ground of inconvenie...

Excerpt: ...everally, within twenty 30 days of this order. Legal Standard “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 conducted at a location within 75 miles of the residen...

Excerpt: ...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.” The demand shall identify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the physician who wil...

Excerpt: ...tled to a hearing on the issue 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 co...

Excerpt: ... sections 815.2, 815.4, 815.6, 820, 840.2, and the phrase “inter alia” 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 DENIED as MOOT. 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...

Excerpt: ...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 neglect. The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the att...

Excerpt: ...a Hidalgo is ordered to pay $300 in sanctions to Defendant Jacob Santos within 30 days of this order. Legal Standard Terminating Sanctions CCP section 2023.030 provides that, "[t]o the extent authorized by the chapter governing any particular discovery method..., the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose... [monetary, evidence, and terminating] sanctions against anyone engagi...

Excerpt: ..., for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. The protective order may include, but is not limited to, one or more of the following directions: … (6) That a party or a side reduce the list of employed or retained experts designated by that party or side under subdivision (b) of Section 2034.210. (c) If the motion for a pro...

Excerpt: ... 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. (Donabedi...

Excerpt: ...y, 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., § 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Meet and Confer The motion to strike is accompanied by the d...

Excerpt: ...ng the same facts. [¶] ‘There may be cases where the requirement that a criminal defendant participate in a civil action, at peril of being denied some portion of his worldly goods, violates concepts of elementary fairness in view of the defendant's position in an inter-related criminal prosecution. On the other hand, the fact that a man is indicted cannot give him a blank check to block all civil litigation on the same or related underlying s...

Excerpt: ...ter 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 v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer ...

Excerpt: ... 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 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 i...

Excerpt: ...or organization may promptly move for a protective order.” (CCP § 2025.420(a).) “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (CCP § 2025.420(b).) In fashioning a protective order, a court has the discretion to, among other things, order “[t]hat the d...

Excerpt: ...do Gonzales Gutierrez in the amount of $473.30 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 time limit for a motion to compel where no responses have been served. All that n...

Excerpt: ... 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 interrogatories was prop...

Excerpt: ... section 377.32 provides that a person who seeks to commence such an action as the decedent's successor in interest must file an affidavit or declaration providing the following: 1. The decedent's name 2. The date and place of the decedent's death 3. “No proceeding is now pending in California for administration of the decedent's estate.” 4. If the decedent's estate was administered, a copy of the final order showing the distribution of the d...

Excerpt: ...l; (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 there was any previous continuance, extension of time, or delay of trial due to an...

Excerpt: ... 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, it lies onl...

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

Excerpt: ...ection 377.32 provides that a person who seeks to commence such an action as the decedent's successor in interest must file an affidavit or declaration providing the following: 1. The decedent's name 2. The date and place of the decedent's death 3. “No proceeding is now pending in California for administration of the decedent's estate.” 4. If the decedent's estate was administered, a copy of the final order showing the distribution of the dec...

Excerpt: ...bpoena duces tecum. Notice of the bringing of that motion shall be given to the witness and deposition officer at least five days prior to production. The failure to provide notice to the deposition officer shall not invalidate the motion to quash or modify the subpoena duces tecum but may be raised by the deposition officer as an affirmative defense in any action for liability for improper release of records. Any other consumer or nonparty whose...