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