Excerpt: ...eek a court order pursuant to CCP section 1987.1 compelling the nonparty to comply with the subpoena within 60 days after completion of the deposition record. (CCP § 2025.480(b); see also UnzippedApparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 127.) The motion must be accompanied by a meet and confer declaration. (CCP § 2025.480(b).) There is no “good cause” requirement when seeking to compel documents from a nonparty. (CCP § 2020.410(c)...

Excerpt: ...a 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 only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim aga...

Excerpt: ...e date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.” Under CRC Rule 3.1332(c), “[a]lthough continuances of trials ...

Excerpt: ... improvements, health insurance premiums and deductibles, car payments and car repairs. Defendant claims an implied contract exists, based on a longstanding pattern of “gifting” from Plaintiff to Defendant and her children with consistent financial support. Defendant claims that this contract is supported by consideration and on a promissory estoppel theory. Plaintiff denies that there is any legal obligation to pay any sums. Plaintiff seeks ...

Excerpt: ... 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 only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual b...

Excerpt: ...rt order pursuant to Code of Civil Procedure section 1987.1 compelling the nonparty to comply with the subpoena within 60 days after completion of the deposition record. (CCP § 2025.480(b); see also UnzippedApparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 127.) Code of Civil Procedure section 1987.1 provides in part: If a subpoena requires the attendance of a witness or the production of books, documents,¿electronically stored information, or ...

Excerpt: ...tract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § 1717(a), (b).)¿Any notice of motion to claim ...

Excerpt: ...nt 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 only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of...

Excerpt: ... monetary sanction . . ..” (CCP §§ 2030.290(c), 2030.300(e), 2031.300(c), 2031.320(c).) Misuse of the discovery process, which includes disobeying a court order to provide discovery, is conduct subject to sanctions. (CCP § 2023.010(g).) Possible sanctions are: (a) [A] monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attor...

Excerpt: ...576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.. .." (CCP S see CCP S 576.) Policy favors liberally granting leave to amend so that all disputed matters beb,veen the parties may be resolved. (See Hnward v. Connty of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Absent prejudice to the...

Excerpt: ...e pleading or via proper judicial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (SemQle_YS...

Excerpt: ...ff in a personal mjury action without leave of Court, as long as the examination complies with the statutory requirements. (5 2032.2200.) Should a party wish to perform a subsequent physical exammation or any mental examination, a party must first obtain leave of court (5 2032.3100.) Section 2032.3100) provides that the motion "shall speci$r the time, place, manner, conditions, scope and nature of the examination, as well as the identity and spec...

Excerpt: ...set for February 26, 2024. LEGAL STANDARD Code of Civil Procedure section 583.130 provides that it "is the policy ofthe state that a plaintiff shall proceed with reasonable diligence in the prosecution of an action but that all parties shall cooperate in bringing the action to trial or other disposition. Except as otherwise provided by statute or by rule of court adopted pursuant to statute, the policy favoring the right of parties to make stipul...

Excerpt: ... a mechanism to cut through the parties' pleadings 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.) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the...

Excerpt: ...nesses to be available at the trial for the purpose of establishing the profits or financial condition referred to in subdivision (a), and the defendant may be required to identify documents in the defendant's possession which are relevant and admissible for that purpose and the witnesses employed by or related to the defendant who would be most competent to testi$ to those facts. Upon motion by the plaintiff supported by appropriate affidavits a...

Excerpt: ...dure section 1281.97 (a)(l) provides in relevant part: (a) (1) In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, the drafting party to pay certain fees and costs before the arbitration can proceed, if the fees or costs to imtiate an arbitration proceeding are not paid within 30 days after the due date the drafting party is in material b...

Excerpt: ...e of the pleading or via proper judicial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (Se...

Excerpt: ...9; AT&T Mohilior 1.1 v. C.nnrpprinn (2011) 563 U.S. 333, 339.) Accordingly, whether an agreement is governed by the California Arbitration Act ("CAA") or the Federal Arbitration Act ("FAA"), courts resolve doubts about an arbitration agreements scope in favor of arbitration. (Monoharsh. snore 3 Cal.4th at 9; Comedy Cluh- Inr. Improv West Assnrs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla_L Permanente Med. Grp-. Inr. (1997) 15 Cal.4th 9...

Excerpt: ....1 v. C.nnrpprinn (2011) 563 U.S. 333, 339.) Accordingly, whether an agreement is governed by the California Arbitration Act ("CAA") or the Federal Arbitration Act ("FAA"), courts resolve doubts about an arbitration agreements scope in favor of arbitration. (Monoharsh. snore 3 Cal.4th at 9; Comedy Cluh- Inr. Improv West Assnrs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla_L Permanente Med. Grp-. Inr. (1997) 15 Cal.4th 951, 971-972 ["Cali...

Excerpt: ... a mechanism to cut through the parties' pleadings 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.) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the...

Excerpt: ... 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 extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the ...

Excerpt: ...ordingly, whether an agreement is governed by the California Arbitration Act ("CAA") or the Federal Arbitration Act ("FAA"), courts resolve doubts about an arbitration agreements scope in favor of arbitration. (Monoharsh. snore 3 Cal.4th at 9; Comedy Cluh- Inr. Improv West Assnrs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla_L Permanente Med. Grp-. Inr. (1997) 15 Cal.4th 951, 971-972 ["California law incorporates many of the basic policy...

Excerpt: ...e or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP S 2017.010; see Dayies_L Superior Court (1984) 36 Ca13d 291, 301.) A motion to compel further production must set forth specific facts showing good cause justl$ing the discovery sought by the inspection demand. (See Code Civ. Proc„ S Itis not necessary for the motion to show that the material sought will be admissible in evidence. "Good cause" may be found...

Excerpt: ...elevant, 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. (CCP SS Staffnrd v. Shnltz (1954) 42 Cal.2d 767, 782 ["Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded"] J "Liberality in permittmg amendment i...

Excerpt: ...the burden of proving "new matteM and, as such, must be specifically pleaded in the answer. (Calimrnia Academy of Sripnrps v. r.nunor nf Fresno (1987) 192 Cal.App.3d 1436, 1442.) "The phrase 'new matter' refers to something relied on by a defendant which is notput in issue by the plaintiff." (Walsh v. West Valley Mission Commutuor Col]exe District (1998) 66 CalApp.4th 1532, 1546.) Where the answer sets forth facts showing some essential allegatio...

Excerpt: ..., inadvertence, surprise or neglect." (CCP S 4730.) The attorney affidavit of fault must contain a "straight fomvard admission of fault" (2001) 90 Cal.App.4th 600, 610.) But it need not contain an explanation of the reasons for the attorneys mistake, inadvertence surprise or neglect (2016) 244 CalApp.4th 432, 438-441.) Reliefmust be granted "unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, ina...

Excerpt: ... party on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement is entitled to reasonable attorney fees in addition to other costs.i(C1v. Code S 1717(a); CCP SS 1032, court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.i(Civ. Code S 1717(a), (b) notice of motion to claim attorney fees as an ele...

Excerpt: ...rned by the California Arbitration Act ("CAA") or the Federal Arbitration Act ("FAA"), courts resolve doubts about an arbitration agreements scope in favor of arbitration. (Monoharsh. snore 3 Cal.4th at 9; Comedy Cluh- Inr. Improv West Assnrs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla_L Permanente Med. Grp-. Inr. (1997) 15 Cal.4th 951, 971-972 ["California law incorporates many of the basic policy objectives contained in the Federal A...

Excerpt: ...endant claims that she is entitled to more than $120,000 per year for her living expenses, including her home, home maintenance, home appliance repairs and improvements, health insurance premiums and deductibles, car payments and car repairs. Defendant claims an Implied contract exists based on a longstandmg pattern of "gifting" from Joseph Magna to Amora Magna and her children with consistent financial support. Defendant claims that this contrac...

Excerpt: ...7, 2023. On March 14, 2023, Defendants filed a notice of intention to move for new trial. On March 24, 2023, Defendants moved for a new trial. LEGAL STANDARD "A motion for new trial is a creature of statute .. .." (1992) 7 Cal. App. 4th 1194, 1198.) A movant must satis$ Code of Civil Procedure sections 657 and 659. Under section 657, a motion for new trial may be granted if there is any: [Y] 1. Irregulariör in the proceedings of the court jury, ...

Excerpt: ...leading or via proper judicial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (SemQle_YSans...

Excerpt: ...gned to shield a defendants constitutionally protected conduct from the undue burden of frivolous litigation." (Bara] v- Schnitt (2016) 1 Cal.5th 376, 393.) "The anti-SLAPP statute does not insulate defendants from any liability for claims arising from the protected rights of petition or speech. It only provides a procedure for weeding out, at an early stage, meritless claims arising from protected activiV." (ld at 384.) "Resolution of an anti-SI...

Excerpt: ...t on the face of the pleading or via proper judicial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim agai...

Excerpt: ...reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) CCP section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” Pursuant to CCP section 2030.300, a party may move to compel further responses to a form interro...

Excerpt: ... causes of action arising from an act in furtherance of the defendant's right of free speech or petition, unless the plaintiff establishes that there is a probability that the plaintiff will prevail on the claim. “The anti-SLAPP procedures are designed to shield a defendant's constitutionally protected conduct from the undue burden of frivolous litigation.” (Baral v. Schnitt (2016) 1 Cal.5th 376, 393.) “The anti-SLAPP statute does not insul...

Excerpt: ...1) 54 Cal.3d 744, 751.) The doctrine has been codified in Code of Civil Procedure section 410.30. “The inquiry is whether ‘in the interest of substantial justice an action should be heard in a forum outside this state.' ” (Animal Film, LLC v. D.E.J. Productions, Inc. (2011) 193 Cal.App.4th 466, 471.) “The procedure for enforcing a forum selection clause is a motion to stay or dismiss for forum non conveniens.” (Olinick v. BMG Entertainm...

Excerpt: ... 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 only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim ...

Excerpt: ...s have installed a new wood-slat fence, which exceeds the height of the previous fence, moved closer to the Plaintiffs properties, and which now obstructs the views from multiple locations of Plaintiffs' homes and on their properties. In addition, Defendants have planted new trees which will further block Plaintiffs' views in violation of the conditions, covenants and restrictions (CC&Rs). Plaintiffs also claim an easement for the space between t...

Excerpt: ...each of contract, 2) breach of the implied covenant of good faith and fair dealing; 3) common count; 4) failure to pay wages; 5) fraud; 6) violation of Bus. & Prof. Code § 17200; and 7) intentional infliction of emotional distress. 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: ... service of process. (Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” (Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 568.) The plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to an effective s...

Excerpt: ...erned by the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971-972 [“California law incorporates many of the basic policy objectives contained...

Excerpt: ...mencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments: (1) Wages due from the federal government that are not subject to withholding under an earnings withholding order. (2) Rents. (3) Commissions. (4) Royalties. (5) Payments due from a patent or copyright. (6) Insurance policy loan value. Co...

Excerpt: ... 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 only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual b...

Excerpt: ... 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. CCCP, S 2024.020(b); Pelton-Shepherd Industrie* Inr- v. Delta Packaging Prndncts. Inr. (2008) 165 Cal.App.4th 1568.) CCP section 2024.050 provides that "[o]n motion of any party, the court may grant leave to complete discovery proceedings, or ...

Excerpt: ...elamed's employment with RoxSan, despite her continued employment being part ofthe Asset Purchase Agreement Parallax ran RoxSan into the ground while this case was pending. (T 3.) Following this litigation, Parallax defrauded Melamed into signing a Settlement Agreement backed up by a stipulated judgment for $20,000,000. Parallax then claimed it was prevented from performing its end of the settlement because ofthe Covid-19 pandemic. This Court ent...

Excerpt: ...osts on the party seeking to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The fee-shifting provision also encourages private representation in SLAPP cases, including situations when a SLAPP defendant is unable to afford fees or the lack of potential monetary damages precludes a standard contingency fee arrangement" (Ketchum (2001) 24 Cal.4th 1122, 1131.) "It is well establi...

Excerpt: ...alse, 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. (CCP SS Staffnrd v. Shnltz (1954) 42 Cal.2d 767, 782 ["Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded"] J In order to state a prima facie claim for puni...

Excerpt: ... courts With a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (2001) 25 Cal.4th 826, 843.) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no...

Excerpt: ...eave to amend the pleadings are directed to the sound discretion of the court. "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading... ." (CCP S see CCP S 576.) Policy favors liberally granting leave to amend so that all disputed matters bet'.veen the parties maybe resolved. (See Howard v. r.nunor Of San Diezo (2010) 184 Cal.App.4th 1422, 1428.) Absent prejudice to the adverse party, th...

Excerpt: ...icial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (SemQle_YSansQucie (1972) 28 Cal. App....

Excerpt: ....551(a); see H.R. Fn]ler C.n. v. Dne (2007) 151 CalApp.4th 879, 888.) To seal a record, the following requirements are imposed: (1) the party must file a motion or application for an order sealing the record, which must be accompanied by a memorandum and a declaration containing facts sufficient to justl$ the sealing; (2) the party must sewe a copy of the motion on all parties who have appeared in the case; and (3) the party requesting that a rec...

Excerpt: ... 576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.. .." (CCP S 473(a)(1); see CCP 5 576.) Policy favors liberally granting leave to amend so that all disputed matters beö.veen the patties may be resolved. (See Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Absent pre...

Excerpt: ...mplaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by juty required by the Constitution or a statute of the state or of the United States." CCP section 1048 also authorizes a court to separate trial of any issue for furtherance of convemence or to avoid prejudice or where separate trials will be conducive to expedition and economy. Granting or denying of a motion for separate trials lie...

Excerpt: ...roperty claim, assuming the allegations to be true; or, (b) the claimant not being able to establish by a preponderance of the evidence the probable validity of the real property claim. cccp, SS 405.31, 36 CalApp.4thi321, 331-332.) A "real property claim" means the causes of action, if pmven, would affect either. (a) title to or the right to possession of specific real property, or (b) the use of an easement identified in the pleading. CCCP, S 40...

Excerpt: ...action. This lawsuit arises out of a loan made by Plaintiff to Defendants Golden Phoenix Holdings, LLC and Aeon West Hollywood, Inc. ("Borrowers") for the development and operation of a retail cannabis business. On March 5, 2021, Borrowers executed a Secured Promissory Note ("Note"), in the amount $1,000,000.00. Borrowers failed to make the payment ofprincipal and interest due on April 1, 2022 (the "Default'). Plamtiff and Borrowers discussed a p...

Excerpt: ...S 576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.. .." (CCP S see CCP S 576.) Policy favors liberally granting leave to amend so that all disputed matters beb,veen the parties may be resolved. (See Hnward v. Connty of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Absent prejudice to t...

Excerpt: ...icial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (SemQle_YSansQucie (1972) 28 Cal. App....

Excerpt: ...t may impose a monetary sanction.. .." cccp SS 2030.2900, 2030.300B, 2031.3000, 2031.3200.) Misuse ofthe discovery process, which includes disobeying a court order to provide discovery, is conduct subject to sanctions. (CCP S 2023.010(g).) Possible sanctions are: (a) [A] monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorne...

Excerpt: ...d information, or tangible thing for inspection and copying. CCCP S 2025.280(a).) If, after service of a deposition notice, a party deponent fails to appear, testi$, or produce documents or tangible things for inspection mthout having served a valid objection under CCP S 2025.410, the deposing party may move for an order compelling attendance, testimony, and production. (CCP 5 2025.450(a).) The motion must be accompanied by a meet and confer decl...

Excerpt: ...rned by the California Arbitration Act ("CAA") or the Federal Arbitration Act ("FAA"), courts resolve doubts about an arbitration agreements scope in favor of arbitration. (Moncharsh. supra 3 Cal.4th at 9; Comedy Club. Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp.. Inc. (1997) 15 Cal.4th 951, 971-972 ["California law incorporates many of the basic policy objectives contained in the Feder...

Excerpt: ...e pleading or via proper judicial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (SemQle_YS...

Excerpt: ...nformation, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose such as to harass orto cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal...

Excerpt: ...ngs in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (2001) 25 Cal.4th 826, 843.) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims 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...

Excerpt: ...al property that was not permitted for the type of business they wished to operate. On March 23: 2022 cross-complainant Pink filed her third amended cross-complaint, asserting a cause of action for constmctive fraud against defendants Coldwell Banker: Thind and Maldonado (collectively ' 'Coldwell"). Since then: Pink failed to appear at duly noticed hearings on 10/20/2022, 12/7/2022 and 12/16/2022 _ Coldwell moves to stfike the third amended cross...

Excerpt: ...ied-in-fact contract (post-stabilization services); 5) unfair business practices; and 6) declaratory relief. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn_L Milda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (...

Excerpt: ...s not oppose. A demurrer is an all-or-nothing procedure: meaning a party cannot demur to part of a cause of action. People v. Union Pacific Railroad Co. (2006) 141 Cal_App_4th 1228, 1243. Unfair Comvrtition California' s Unfair Competition statute provides a private cause of action for "unlawftl, unfair or fraudulent" business acts or practices. Cal. Bus. & Prof. Code Sl 7200 et_ seq. Optimum and Smiley argue this claim is based on allegations th...

Excerpt: ...arties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (2001) 25 Cal.4th 826, 843.) To prevail, the evidence submitted must show there is no triable issue as to any material fact and that the movmg party is entitled to judgment as a matter of law. CCCP, 5 43 7c(c).) The motion cannot succeed unless the evidence leaves no room for conflicting inferences as to material facts...

Excerpt: ...ing or via proper judicial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (SemQle_YSansQuci...

Excerpt: ...ions (CC&Rs) enforced by Defendant Malibu West Swimming Club. Since then, Plaintiffs obtained plans and permits for their replacement home, a modest single-story residence which has been approved by the City of Malibu. Plaintiffs claim that Defendants have prevented the Claytons from rebuilding their home. LEGAL STANDARD Code of Civil Procedure section 425.16 permits the Court to strike causes of action arising from an act in furtherance of the d...

Excerpt: ... to cut through the parties' pleadings 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.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause o...

Excerpt: ...or Court (2008) 158 Cal.App.4th 1697, 1711; Baugh v. Garl (2006) 137 Cal.App.4th 737, 744.) The State Bar Rules of Professional Conduct govern attorney discipline not standards for attorney disqualification in courts; however, courts may look to the Rules of Professional Conduct for guidance regarding attorney disqualification. (Great Lakes Const., Inc. v. Burma (2010) 186 Cal.App.4th 1347; see also Khani v. Ford Motor Company (2013) 215 Cal.App....

Excerpt: ...agreements for World War II films, Greyhound and Destroyer. Relevantly, the Court previously considered a preliminary injunction request by Cross- Complainants. Zhengfu sought to enjoin SMC from engaging in specified activities, including interfering with Zhengfu's contractual rights by communicating with third parties or taking any acts to interfere with or prevent Zhengfu's rights to obtain, possess and exercise its right to distribute the Grey...

Excerpt: ...ils to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance.” (CCP § 2031.320(a).) The Civil Discovery Act places no time limit on such motions. (Standon Co. v. Superior Court (1990) 225 Cal.App.3d 898, 903.) The Court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes...

Excerpt: ...' pleadings 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.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that...

Excerpt: ...roper 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 only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim agains...

Excerpt: ...mission from the court before amendment. (CCP §§ 473(a)(1), 576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . ..” (CCP § 473(a)(1); see CCP § 576.) Policy favors liberally granting leave to amend so that all disputed matters between the parties may be resolved. (See Howard v....

Excerpt: ...ey's “mistake, inadvertence, surprise or neglect.” (CCP § 473(b).) The relevant mandatory relief provisions are as follows: …the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by 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 ...

Excerpt: ...e or more alleged tortfeasors or co-obligors was made in good faith. (CCP § 877.6(a).) The notice of motion or application for good faith determination must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed. (CRC Rule 3.1382.) The California Supreme Court in Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, established the standard for determining w...

Excerpt: ...eclaration as described in Section 2033.050 has been made, a party need only respond to the first 35 admission requests served that do not relate to the genuineness of documents, if that party states an objection to the balance under Section 2033.230 on the ground that the limit has been exceeded. (CCP § 2033.030 (b).) The number of requests for admission of the genuineness of documents is not limited except as justice requires to protect the re...

Excerpt: ...ined. (Cal. Rules Court, rule 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 888.) To seal a record, the following requirements are imposed: (1) the party must file a motion or application for an order sealing the record, which must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing; (2) the party must serve a copy of the motion on all parties who have appeared in the case; and (3...

Excerpt: ... whether an agreement is governed by the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971-972 [“California law incorporates many of the basic...

Excerpt: ...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 only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim again...

Excerpt: ...om, and J.P. Castro. The operative second amended complaint (SAC) states two operative causes of action for battery and negligence against Wehbe. Plaintiffs dismissed the second cause of action for drug dealer liability act claim against Wehbe. LEGAL STANDARD A party may move for summary judgment in any action or proceeding if it is contended the action has no merit or that there is no defense to the action or proceeding. (CCP, § 437c(a).) “Th...

Excerpt: ..., California. On February 28, 2002, Haque personally assumed a lease with Plaintiff's predecessor (the “Assumed Lease”) to rent the Premises for the purpose of operating a Koi restaurant. Later, the Assumed Leased was assigned to defendant Koi LP. The Assumed Lease, including all extensions thereof, was set to expire on July 23, 2012. In the summer of 2012, Haque represented he had formed 730 North to operate the restaurant. On July 23, 2012,...

Excerpt: ...ence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) Form and Special Interrogatories CCP section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” Pursuant to CCP section 2030.300, a party may m...

Excerpt: ...ng for inspection and copying. (CCP § 2025.280(a).) If, after service of a deposition notice, a party deponent fails to appear, testify, or produce documents or tangible things for inspection without having served a valid objection under Code of Civil Procedure § 2025.410, the deposing party may move for an order compelling attendance, testimony, and production. (CCP § 2025.450(a).) The motion must be accompanied by a meet and confer declarati...

Excerpt: ... with a mechanism to cut through the parties' pleadings 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.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends...

Excerpt: ...ent is governed by the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971-972 [“California law incorporates many of the basic policy objectives...

Excerpt: ...is necessary to prevent prejudicing the party's interest in the litigation.” (CCP § 36(a), (c)(2).) In contrast to minor plaintiffs, trial¿priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the¿extent¿of that party's interest and the risk posed of that party's death or incapacity if¿trial¿is delayed. (CCP § 36(a).) However, if the factors are shown, the Court “shall...

Excerpt: ... in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response, the propounding party may move for an order compelling response to the demand. (CCP § 2031.300(b); see Sinaiko Healthcare Consulting, Inc. v. Pacific Health...

Excerpt: ...� or (2) the complaint or cross-complaint “does not state facts sufficient to constitute a cause of action against that defendant.” (CCP § 438(c).) A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by statute, the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) “A motion for judgment on...

Excerpt: ...ent 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 only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant o...

Excerpt: ...a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § 1717(a), (b).)¿Any notice of motion to c...

Excerpt: ...lf admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) Code of Civil Procedure section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” Pursuant to section 2030.300, a party m...

Excerpt: ...y the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971-972 [“California law incorporates many of the basic policy objectives contained in the...

Excerpt: ... 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 only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the cla...

Excerpt: ...der Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.” Under...

Excerpt: ...to cut through the parties' pleadings 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.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of...

Excerpt: ...a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § 1717(a), (b).)¿Any notice of motion to c...

Excerpt: ...court, upon motion reasonably made by any person described in subdivision (b), 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 or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from...