Excerpt: ...dgment debtor either personally or by mail. (Ibid.) A judgment creditor is entitled to the “reasonable and necessary costs” incurred in enforcing the judgment including attorney fees if the underlying judgment provides for an award or where otherwise provided by law. (CCP § 685.040.) A judgment creditor may claim under this section the following costs of enforcing a judgment: (1) Statutory fees for preparing and issuing, and recording and in...

Excerpt: ...ough 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 action ha...

Excerpt: ...ended Complaint (SAC) alleges that Decedent was killed on May 29, 2021, while walking on the sidewalk along Lincoln Boulevard south of Marco Court. Skene, along with Doe 1, was intoxicated and riding an electric scooter owned by Bird on the sidewalk when the electric scooter collided into Wu. 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 consid...

Excerpt: ... 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 basi...

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: ...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: ...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: ...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: ... 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: ..., 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: ...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: ... 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: ...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: ... 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: ...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...