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...

Excerpt: ...ant and one 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 det...

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: .... Defendants/Cross- Complainants Noushin Abrishami Laaly and Koroush Cyrus Laaly own real property at 166 Little Park Lane, Los Angeles, CA (identified and referenced in grant deeds as Parcel 1, Lot 6 of Tract No. 29831). The easement grants Plaintiffs “an exclusive easement for yard and landscaping purposes” over a portion of the Laaly's property. Haim and Goldsmith filed suit against the Laalys on June 9, 2021. The Laalys then filed a Cross...

Excerpt: ...ke out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (CCP §§ 436(a)-(b); Stafford v. Shultz (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”].) “L...

Excerpt: ...lf admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP, § 2017.010.) Service of a proper deposition notice obligates a party or “party-affiliated” witness (officer, director, managing agent or employee of party) to attend and testify, as well as produce any document, electronically stored information, or tangible thing for inspection and copying. (CCP § 2025.280(a).) If, after ser...

Excerpt: ...on or proceeding. (CCP, § 437c(a).) “The purpose of the law of summary judgment is to provide 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.” (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 aff...

Excerpt: ... Trespass/ Wrongful Eviction; (7) Intentional Infliction of Emotional Distress; (8) Violation if Unruh Civil Rights Act; (9) Violation of the Ralph's Civil Right Act; (10) Violation of the Unfair Competition Law; (11) Violation of California Constitution, Article I, Section 1; (12) Violation of Civil Code § 789.3(b); (13) Breach of Quiet Enjoyment; (14) Breach of Implied Covenant of Good Faith and Fair Dealing; (15) Abuse of Process; and (16) Vi...

Excerpt: .... Defendants/Cross- Complainants Noushin Abrishami Laaly and Koroush Cyrus Laaly own real property at 166 Little Park Lane, Los Angeles, CA (identified and referenced in grant deeds as Parcel 1, Lot 6 of Tract No. 29831). The easement grants Plaintiffs “an exclusive easement for yard and landscaping purposes” over a portion of the Laaly's property. Haim and Goldsmith filed suit against the Laalys on June 9, 2021. The Laalys then filed a Cross...

Excerpt: ...ure the orderly administration of justice. (CCP §§ 128, 187; Rutherford v. Owens-Illinois, Inc. (1997) 16 Cal.4th 953, 967 [“It is also well established that courts have fundamental inherent equity, supervisory, and administrative powers, as well as inherent power to control litigation before them.”].) Moving Defendant does not notice any particular authority for this stay request. ANALYSIS Defendant Michael K. Norris, co-Trustee of Norris ...

Excerpt: ... (CCP § 473(b).) A motion for discretionary relief must be made “within a reasonable time but in no instance exceeding six months after the judgment, dismissal, order, or proceeding was taken.” (Id.) If discretionary relief is granted, the court may in its discretion order the moving party to pay the costs, including attorney fees, incurred in obtaining the default. (Rogalski v. Nabers Cadillac (1992) 11 Cal.App.4th 816, 823; Vanderkous v. C...

Excerpt: ...t 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 acti...

Excerpt: ...y accusation at a volume calculated for shoppers and employees to hear that Plaintiff had stolen $100,000 from Defendant (the “False Accusation”). The complaint states a single claim for defamation/slander. On April 6, 2022, Haghani filed a cross-complaint against Ghermezi, alleging causes of action for breach of contract, intentional misrepresentation, concealment, false promise, conspiracy, recission, a violation of Business & Professions C...

Excerpt: ...h 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 has n...

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: ...CP § 473(b).) A motion for discretionary relief must be made “within a reasonable time but in no instance exceeding six months after the judgment, dismissal, order, or proceeding was taken.” (Id.) If discretionary relief is granted, the court may in its discretion order the moving party to pay the costs, including attorney fees, incurred in obtaining the default. (Rogalski v. Nabers Cadillac (1992) 11 Cal.App.4th 816, 823; Vanderkous v. Conl...

Excerpt: ...a Holdings, LLC by October 24, 2022, as outlined in defendant's IDC Statement. The Court further ordered that counsel for defendants, Stacy Knox, would provide “detailed notice of all outstanding supplemental discovery responses owed to defendant, due by 10/24/22.” LEGAL STANDARD In the absence of contrary court order, a civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, tha...

Excerpt: ...f a third-party beneficiary contract. On August 18, 2022, Defendants Stephen Smith, Azzurra Homeowners' Association, and Action Property Management, Inc., Harold Sledge, David Robinson, Alexander Drazdov, Brooke Goldstein, Blake Taylor, Jeremy Helfand, Diane Cooper, Steven Brill and Stephen Smith (collectively, “Defendants”) moved to strike the SAC's allegations of an entitlement to an award of punitive damages. Plaintiff filed an opposition ...

Excerpt: ...10.) The application shall be executed under oath and must include: (1) a statement showing that the attachment is sought to secure the recovery on a claim upon which an attachment may be issued; (2) a statement of the amount to be secured by the attachment; (3) a statement that the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; (4) a statement that the applicant has no information ...

Excerpt: ...n; (2) breach of contract; (3) breach of duty of good faith; (4) quantum meruit; (5) action pursuant to labor code §1784; (6) intentional misrepresentation; (7) negligent misrepresentation; (8) express indemnity; (9) equitable indemnity; and (10) declaratory relief. This suit regards the development of a five-story, multi-family housing facility, consisting of four buildings, for the real property located at 14000-14126 Marquesas Way, Marina Del...

Excerpt: ...arty 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.¿(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 mot...

Excerpt: ...easors 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 whether a settlement was...

Excerpt: ...fore 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. County of San Diego (201...

Excerpt: ...he taking of a deposition, the 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 appropr...

Excerpt: ...signed 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 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 activity.” (Id. at 384.) “Resolution ...

Excerpt: ...84.010.) The application shall be executed under oath and must include: (1) a statement showing that the attachment is sought to secure the recovery on a claim upon which an attachment may be issued; (2) a statement of the amount to be secured by the attachment; (3) a statement that the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; (4) a statement that the applicant has no informat...

Excerpt: ...rely by stipulation of the parties—a prior court order must be obtained. (CRC, 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 mot...

Excerpt: ...a Holdings, LLC by October 24, 2022, as outlined in defendant's IDC Statement. The Court further ordered that counsel for defendants, Stacy Knox, would provide a “detailed notice of all outstanding supplemental discovery responses owed to defendant, due by 10/24/22.” LEGAL STANDARD In the absence of contrary court order, a civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, t...

Excerpt: ...tfeasors 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 whether a settlement w...

Excerpt: ...t. Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion. Where the motion seeks only a response to the inspection demand, no showing of "good cause" is required. If a party to...

Excerpt: ...ding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies 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 suffic...

Excerpt: ...either is itself 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 CCP section 2...

Excerpt: ...self 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 CCP section 2030.300, a p...

Excerpt: ...d” 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...

Excerpt: ...ion. Finally, Defendant Cannaco Research Corporation (“Cannaco”) demurs to the second, third, seventh, and thirteenth causes of action. Plaintiff does not oppose the dismissal of any direct claims against Cannaco. Plaintiff indicates that only derivative claims brought on behalf of Cannaco (as a nominal defendant) will remain. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007)...

Excerpt: ...ants”) demur to the Second Amended Complaint (“SAC”). 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. 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.Ap...

Excerpt: ...ingle cause of action for defamation per se. On November 24, 2021, Defendants filed an Anti- SLAPP Motion seeking to strike the Complaint. 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 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...

Excerpt: ...ional, Inc., dba Ollin Stone (“Ollin”), SCS Flooring Systems (“SCS”), Soka Gakka International (“Soka”) and Does 1 – 50 for (1) products liability negligence; (2) strict products liability; (3) negligence; (4) failure to warn; (5) premises liability; and (6) subrogation. The first, second, third, and fourth causes of action are against defendants Coastal, Ollin, and SCS. The fifth cause of action is against defendant Soka only, and ...

Excerpt: ... wrap covering the exterior of the Vehicle. (Exhibit 2 to the Complaint, the alleged wrap contract with Exotic.) When Thompson returned to Dealer to pick up the Vehicle with the wrap installed, he found that the wrap had alleged defects and damaged the Vehicle. The Complaint alleges six causes of action for 1) breach of contract; 2) breach of contract; 3) declaratory relief; 4) breach of warranty; 5) breach of implied warranty of merchantability;...

Excerpt: ...C; and Westside Residential Holdings LLC. The Complaint states ten causes of action for: 1) breach of contract; 2) breach of implied covenant of good faith and fair dealing; 3) account stated; 4) money lent; 5) unjust enrichment; 6) conversion; 7) fraudulent conveyance; 8) conspiracy; 9) injunctive relief; and 10) quiet title. The Complaint alleges that Plaintiff and Khachtryan executed a written agreement to sell an Armenian company, A.K.R.A.-KO...

Excerpt: ...e case [. . .]¿ The court, on its own motion, may make such an order at any time. [. . .]”¿ (CCP § 598.) “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right ...

Excerpt: ...lowing pertinent allegations. It alleges that Plaintiff, a collection company, does business with certain medical service providers (“Physicians” or “Providers”). These providers “render lifesaving healthcare services to members of [United's] health care service plan, often on an emergency basis.” (Compl., ¶ 6.) Plaintiff purchased reimbursement claims from the Physicians and has the necessary rights and ability to sue to recover the...

Excerpt: ...of or in addition to this sanction, the court may impose a 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 con...

Excerpt: ...re 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 whether ...

Excerpt: ...he was injured by an elevator door that closed onto her with unusual speed, and that Defendants were responsible for the maintenance and operation of that elevator. LEGAL STANDARD Generally, “a deposition examination of the witness by all counsel… shall be limited to seven hours of total testimony. The court shall allow additional time, beyond any limits imposed by this section, if needed to fairly examine the deponent or if the deponent, ano...

Excerpt: .... (Brumley v. FDCC California, Inc. (2007) 156 Cal.App.4th 312, 318.) For purposes of the 5-year statute, an action is “brought to trial” when the jury is sworn or, in a nonjury trial, when the first witness is sworn. (Hartman v. Santamarina (1982) 30 Cal.3d 762, 765.) Dismissal is mandatory if the requirements of section 583.310 are not met and an exception provided by statute does not apply. (Martinez v. Landry's Restaurants, Inc. (2018) 26...

Excerpt: ...t motion for pre- judgment attorneys' fees, interest and costs. LEGAL STANDARD With respect to attorney fees and costs, unless they are specifically provided for by statute (e.g., CCP §§ 1032, et seq.), the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties.¿(CCP § 1021.) The prevailing party on a contract, which specifically provides for attorney fees and costs inc...