Excerpt: ...n order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.” (Code Civ. Proc., § 2033.280(b).) “The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2033.280(...

Excerpt: ...1, the Court confirmed the arbitration award in SC126761 and stayed enforcement of the judgment until April 7, 2021, when the Court would hear Ehrlich's Motion to Lift the Stay in the Interpleader Action. (Dreger Decl. at ¶ 8, Ex. 5.). On March 12, 2021, The Irvine Company (TIC) filed a motion for an order to extend the stay of the enforcement of judgment. The Court extended the stay upon the parties' joint stipulation and order. TIC requests th...

Excerpt: ... for declaratory relief and fraud concerning the motion picture entitled “Every Breath You Take.” LEGAL STANDARD Under Code of Civil Procedure section 1030, “[w]hen the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees ...

Excerpt: ... a showing that there has been a material change in the facts upon which the injunction or temporary restraining order was granted, that the law upon which the injunction or temporary restraining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order.” (Code Civ. Proc., § 533) “When an application for an order has been made to a judge, or ...

Excerpt: ...filed an amendment to his complaint wherein he named El Camino Construction & Engineering Corp. (“El Camino”) as Doe 1 to the Complaint. In the complaint, Plaintiff alleges that on December 3, 2017 at or near 1400 Palawan Way Marina del Rey, California, “Defendants, and each of them, negligently owned, operated, managed, control[l]ed, maintained, supervised and/or failed to warn and/or correct of a dangerous condition on the premises which ...

Excerpt: ... a showing that there has been a material change in the facts upon which the injunction or temporary restraining order was granted, that the law upon which the injunction or temporary restraining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order.” (Code Civ. Proc., § 533) “When an application for an order has been made to a judge, or ...

Excerpt: ...nt arises out of Plaintiff's arrest by Los Angeles County Sheriffs for the alleged theft of a boat, which he lawfully repossessed. BASIS FOR MOTION Defendants County of Los Angeles (“COLA”), Anthony Meyers, and Llandel Garcia (the “County Defendants”) argue that there are no triable issues of material fact in this action and defendants are entitled to judgment or, in the alternative, adjudication of issues as a matter of law, as follows: ...

Excerpt: ... money lent, and common count for money had and received. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court, the party must also fil...

Excerpt: ...n of a fixed term lease. The Court overruled the demurrer to the complaint. Defendants now bring a motion for judgment on the pleadings. LEGAL STANDARD “A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself. [Citation.]” (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 877.) A motion for judgment on the pleadings “may be made on the same ground as those supporting a general ...

Excerpt: ...See SACC ¶¶ 1, 57.) Redrock was the fire alarm subcontractor. (See SAC ¶¶ 85.) As to Redrock, Nadel alleges three causes of action: (1) Ninth Cause of Action – Declaratory Relief (regarding the indemnity clause); (2) Tenth Cause of Action – Breach of Contract; and (3) Eleventh Cause of Action – Contractual Indemnity. (SACC ¶¶78-111.) On January 20, 2021, Redrock Security and Cabling, Inc. filed a demurrer to the SACC. Redrock demurs t...

Excerpt: ... can be reached that resolves the objections to be raised in the motion to strike.” (Code Civ. Proc., § 435.5(a).) Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer (i.e., words, phrases, prayer for damages, etc.). (See Code Civ. Proc., §§ 435, 436, & 437.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court...

Excerpt: ...intiff and Defendants at 508 N. Roxbury Dr. Beverly Hills, CA 90210. Plaintiff alleges that he performed his part, but Defendants failed to pay for labor and materials. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10; Young v. Gannon (2002) 97 Cal.App.4th 209, 220. The court “may consider all material facts pleaded in the complaint and th...

Excerpt: ...t Schimmel filed a special motion to strike motion and prevailed, in part, on that motion. (See 09/29/2020 Minute Order.). Schimmel now seeks attorney's fees as the prevailing party on a special motion to strike. LEGAL STANDARD Unless an exception applies, “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” (Code Civ. Proc., § 425.16(c)(1).) The attorney's fee award under ...

Excerpt: ...nd Jeffrey M. Cohen, DMD), the fifth cause of action for invasion of privacy (against both Cohen and Jeffrey M. Cohen, DMD), and the eighth cause of action for intentional misrepresentation (against only Jeffrey Cohen.). LEGAL STANDARD A special motion to strike “may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of t...

Excerpt: ... 1942.5); (4) breach of implied warranty of quiet enjoyment; (5) breach of contract; (6) intentional infliction of emotional distress; and (7) negligence. LEGAL STANDARD A special motion to strike “may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of ...

Excerpt: ...ble implication therefrom; it may not consider contentions, deductions or conclusions of fact or law. (Young v. Gannon (2002) 97 Cal.App.4th 209, 220 (citing Moore v. Conliffe (1994) 7 Cal.4th 634, 638; Montclair Parkowners Assn. v. City of Montclair (1999) 76 Cal.App.4th 784, 790).) The court treats all facts alleged in the complaint to be true. (Picton v. Anderson Union High School Dist. (1996) 50 Cal.App.4th 726, 732.) When considering demurre...

Excerpt: ...llectively, the “Paz Defendants”) filed a demurrer with a motion to strike the first amended complaint. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) To properly file ...

Excerpt: ... in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court, the party must also file a declaration noting that he or she “met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not r...

Excerpt: ...efendants' allegedly tortious acts or omissions were “a legal cause of the [alleged] childhood sexual assault,” Code Civ. Proc. §§ 340.1(a)(2) & 340.1(a)(3), in order for the causes of action to come within the scope of subdivisions (a)(2) and (a)(3) of Code of Civil Procedure section 340.1 (and the causes of action are therefore untimely); and/or as required by the elements of the substantive causes of action themselves (all of which requi...

Excerpt: ... on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10(a)(1).). Personal jurisdiction takes two forms—general and specific. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 445.) General jurisdiction exists when a nonresident defendant has “substantial . . . continuous and systematic” contacts in the forum state. (Id.) General jurisdiction only exists when a defendant's contact...

Excerpt: ...k (“Defendants”). Defendants filed a joint motion to compel arbitration. LEGAL STANDARD Compelling Arbitration Pursuant to the Federal Arbitration Act The Federal Arbitration Act provides that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agre...

Excerpt: ...f the following ways: (1) By failing to appear at the trial. (2) By written consent filed with the clerk or judge. (3) By oral consent, in open court, entered in the minutes. (4) By failing to announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice or stipulation, or within five days after notice of setting if it is set without notice or stipulation. (5) By failing to timely pay the fee described i...

Excerpt: ... while employed by defendant. On March 19, 2021, Plaintiff filed requests for dismissals. (See 03/19/2021 request.) Those requests were rejected. Plaintiff refiled those requests for dismissal on April 15, 2021, which were entered on April 16, 2021. Plaintiff dismissed the first and fourth causes of action against Sage. Plaintiff also dismissed the fifth cause of action as to all defendants. Defendants bring forth a motion for judgment on the ple...

Excerpt: ...clubs, clothing and whatever renter chooses” with about 240 lockers (Compl. ¶ 7.) Plaintiff alleges that the City formed the “Golf Advisory Committee and that he served as the representative of the Rancho Park Golf Club on the Golf Advisory Committee. (Id. ¶ 9.). Plaintiff alleges that the City had decided to close the locker rooms. (See id.) On February 6, 2019, Plaintiff decided to inform the locker room users by posting an “ADVISE” o...

Excerpt: ... Plaintiff notes that this action is subject to judicial reference pursuant to various agreements. On March 17, 2021, Plaintiff filed a motion for appointment of judicial referee. LEGAL STANDARD Under Code of Civil Procedure section 638, “[a] referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any con...