Excerpt: ...ively, Plaintiffs). The demurrer is sustained as to all causes of action against Goldrich, Kest, Hirsch & Stern, LLC, Goldrich Kest, LLC, and Goldrich & Kest Industries, LLC, and is sustained as to the sixth and ninth causes of action against Defendants GK Management Co., Inc., and Dolphin Marina Ltd. The demurrer is otherwise overruled. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admit...

Excerpt: ...rwise sustains the demurrer. A plaintiff may demur to a defendant's answer within 10 days of being served with the answer (Code Civ. Proc., § 430.40(b)) on three grounds: (1) failure to state facts sufficient to constitute a defense; (2) uncertainty; or (3) failure to state whether a contract alleged in the answer is written or oral. (Id., § 430.20). The demurrer may be to the whole answer or to any one or more of the several defenses set up in...

Excerpt: ...eat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) “The rules by which the sufficiency ...

Excerpt: ...ectively, Defendants) on Plaintiff's Complaint, and against Cross-Complainants Altrove LLC and L.A. Puglia LLC (collectively, Cross-Complainants) on their Cross-Complaint. The unopposed motion is granted. Code of Civil Procedure section 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery process. A court may impose terminating sanctions by striking pleadings of the party engaged in misu...

Excerpt: ...ation as to whether an opposing party can show evidentiary support for a pleading or claim and if not to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Atlantic Richfield).) Code of Civil Procedure Section 437c, subdivision (c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evid...

Excerpt: ...ed as to Nos. 6- 9 and 11-12. Where the witness whose deposition is sought is not a party, a subpoena must be served to compel his or her attendance, testimony, or production of documents. (Code Civ. Proc., § 2020.010, subd. (b).) A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copying, or (3) the attendance and testimony, as well as the production of business...

Excerpt: ...must set forth specific facts showing good cause justifying the discovery sought by the inspection demand. (See Code Civ. Proc., § 2031.310(b)(1).) It is not necessary for the motion to show that the material sought will be admissible in evidence. “Good cause” may be found to justify discovery where specific facts show that the discovery is necessary for effective trial preparation or to prevent surprise at trial. (See Associated Brewers Dis...

Excerpt: ...ranted. Defendant is ordered to provide responsive documents within ten (10) days of today's date. The Court imposes monetary sanctions against Defendant in the amount of $3,210. Defendant and Defendant's counsel are ordered to pay Plaintiff's counsel $3,210 within thirty (30) days of today's date. A motion to compel further production must set forth specific facts showing good cause justifying the discovery sought by the inspection demand. (See ...

Excerpt: ...s to Ashleigh Butson, Emily Linthicum, Brian Feldman, and Elliot Golan. The motion is denied as to Scott Pansky, Matthew Della Croce, and Jill Feldman. Where the witness whose deposition is sought is not a party, a subpoena must be served to compel his or her attendance, testimony, or production of documents. (Code Civ. Proc., § 2020.010, subd. (b).) A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only ...

Excerpt: ... 1-2 and 5-6, and denies the motion as to Category Nos. 3-4 and Request Nos. 3-4. Defendant is ordered to produce its PMQ and responsive documents within thirty (30) days of today's date. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated depon...

Excerpt: ...is ordered to serve further responses and documents within ten (10) days of today's date. The Court orders monetary sanctions against MSLT in the amount of $3,198. MSLT is ordered to pay Cross-complainant's counsel $3,198 within thirty (30) days of today's date. A party may move for an order compelling further response to a request for production of documents if the demanding party deems that responses are incomplete, evasive, or contains objecti...

Excerpt: ...ins the demurrer with ten (10) days leave to amend the answer. A plaintiff may demur to a defendant's answer within 10 days of being served with the answer on three grounds: (1) failure to state facts sufficient to constitute a defense; (2) uncertainty; or (3) failure to state whether a contract alleged in the answer is written or oral. (Code Civ. Proc. § 430.40, subd. (b).) The demurrer may be to the whole answer or to any one or more of the se...

Excerpt: ... is denied. “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the peti...

Excerpt: ...ement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc. §1281.2, subds. (a)...

Excerpt: ... a determination as to whether an opposing party can show evidentiary support for a pleading or claim and if not to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Atlantic Richfield).) Code of Civil Procedure Section 437c, subdivision (c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible fr...

Excerpt: ...rrogatories and Post-Judgment Requests for Production. The motion is granted in full. The Court awards monetary sanctions to MD Transport in the amount of $9,679.50. Under Code of Civil Procedure section 708.020, “The judgment creditor may propound written interrogatories to the judgment debtor . . . requesting information to aid in enforcement of the money judgment. The judgment debtor shall answer the interrogatories in the manner and within ...

Excerpt: ... court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect. (Code Civ. Proc., § 473, subd. (a)(1).) California courts are required to permit liberal amendment of pleadings in the interest of justice between the parties to an action. ...

Excerpt: ... will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) “The rules by which the suff...

Excerpt: ...,825. Plaintiff is ordered to pay Defendant's counsel $2,825 within thirty (30) days of today's date. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copyi...

Excerpt: ... provide a supplemental verified response and responsive documents to Lopez within fifteen (15) days of today's date. A party may move for an order compelling further response to a request for production of documents if the demanding party deems that responses are incomplete, evasive, or contains objections. (Code Civ. Proc., § 2031.310, subd. (a).) A motion to compel further responses to requests for production “shall set forth specific facts...

Excerpt: ...ranted. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stev...

Excerpt: ...is filed upon giving five days notice. Summary judgment shall be granted or denied on the same basis as a motion under Section 437c.” (Code Civ. Proc., § 1170.7.) The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party can show evidentiary support for a pleading or claim and if not to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield...

Excerpt: .... (Code Civ. Proc., § 438, subd. (f).) A motion by a defendant may be made on the grounds that the complaint or cross-complaint “does not state facts sufficient to constitute a cause of action against that defendant.” (Code Civ. Proc., § 438, subd. (c)(B)(ii).) 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 gover...

Excerpt: ...ses of action, and otherwise overrules the demurrer. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appea...

Excerpt: ...as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) “The rules by which the sufficiency of a complaint is...

Excerpt: ...in the complaint is not the proper court.” (Code Civ. Proc., §§ 396b, 397(a).) A motion to transfer venue on grounds the designated court is not proper must file and serve the motion before or at the time of filing an answer, demurer, or motion to strike. (Code Civ. Proc., § 396b.) “Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court (1984) 37 Cal.3d 477, 482; Haura...

Excerpt: ...on the pleadings may be made after the time to demur has expired and an answer has been filed. (Code Civ. Proc., § 438, subd. (f).) A motion by a defendant may be made on the grounds that the complaint or cross-complaint “does not state facts sufficient to constitute a cause of action against that defendant.” (Code Civ. Proc., § 438, subd. (c)(B)(ii).) A motion for judgment on the pleadings has the same function as a general demurrer but is...

Excerpt: ...nt. The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party can show evidentiary support for a pleading or claim and if not to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Atlantic Richfield).) Code of Civil Procedure Section 437c, subdivision (c) “requires the trial judge to grant summary judgment...

Excerpt: ...ires . . . that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material...

Excerpt: ...anted. Any party may file a timely notice of a motion to strike the whole or any part of a pleading. (Code Civ. Proc., § 435, subd. (b).) The motion may seek to strike any “irrelevant, false or improper matter inserted in any pleading” or any part of the pleading “not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc., § 436.) Irrelevant allegations include allegations tha...

Excerpt: ...d 46-48, and denied as to the remaining interrogatories as moot. The request for sanctions is denied. A motion to compel further responses to form or specially prepared interrogatories may be brought if the responses contain: (1) answers that are evasive or incomplete; (2) an unwarranted or insufficiently specific exercise of an option to produce documents in lieu of a substantive response; or (3) unmerited or overly generalized objections. (Code...

Excerpt: ...ied as moot. Plaintiff must provide a verified supplemental response, and produce documents, within ten (10) days of today's date. A party may move for an order compelling further response to a request for production of documents if the demanding party deems that responses are incomplete, evasive, or contain meritless objections. (Code Civ. Proc., §§ 2031.310, subd. (a).) A motion to compel further responses to an inspection demand “shall set...

Excerpt: ...action, and grants the motion to strike in part. Plaintiffs are granted ten (10) days to amend. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled tha...

Excerpt: ...ition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Ground...

Excerpt: ...Tae Hoon Chung (TH Chung) in the amount of $39,254.30. “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc. § 1032, subd. (b).) “Prevailing party” includes the party with a net monetary recovery. (Code Civ. Proc. § 1032, subd. (a)(4).) “[A]s a general rule, attorney fees are not recoverable as costs unless they are author...

Excerpt: ...s incurred in bringing this action. The motion is granted in part. Any person, firm, corporation, association, or other entity against whom double or multiple claims are made, or may be made, by two or more persons which are such that they may give rise to double or multiple liability, may bring an action against the claimants to compel them to interplead and litigate their several claims.” (Code Civ. Proc., § 386, subd. (b).) “The purpose o...

Excerpt: ...trike portions of the SAC. Defendant JPMorgan Chase Bank (Chase) separately moves to strike portions of the SAC. The Reznick Defendants' demurrer is sustained without leave to amend and the motion to strike is granted. Chase's motion to strike is granted. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclu...

Excerpt: ...will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) “The rules by which the suffi...

Excerpt: ...g but not limited to filing fees. (Code of Civ. Proc. §1033.5, subd. (a)(1).) Under Code of Civil Procedure section 1033.5, subdivision (c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incurred unnecessarily, are subject to section 1033, subdivision (c)(2). (Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.) Defendant's Augu...

Excerpt: ...use of the resulting injury. (See Flowers v. Torrance Memorial Hospital Medical Center, (1994) 8 Cal.4th 992.) Furthermore, the Court has held, “Absent a special relationship giving rise to a duty to act, a person is under no duty to take affirmative action to assist or protect another, no matter how great the danger in which the other is placed, or how easily he could be rescued.” (Armato v. Baden (1999) 71 Cal.App.4th 885, 895.) Similarly, ...

Excerpt: ...s Clinica Medica General Medical Center, Inc. (collectively, Defendants) demur to Plaintiffs' Second Amended Complaint (SAC). The demurrer is sustained as to the fifth and seventh causes of action against all Defendants, without leave to amend, and otherwise overruled. The motion to strike is granted in part. Defendants are ordered to answer within ten (10) days of today's date. In reviewing the legal sufficiency of a complaint against a demurrer...

Excerpt: ... a pleading or claim and if not to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Atlantic Richfield).) Code of Civil Procedure Section 437c, subdivision (c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that th...

Excerpt: ...ees are sued for damages for harms caused in the course of their employment, the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671–2680, generally authorizes substitution of the United States as the defendant. Section 233(a) makes the FTCA remedy against the United States ‘exclusive of any other civil action or proceeding' for any personal injury caused by a PHS officer or employee performing a medical or related function ‘while act...

Excerpt: ...The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party can show evidentiary support for a pleading or claim and if not to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Atlantic Richfield).) Code of Civil Procedure Section 437c, subdivision (c) “requires the trial judge to grant summary judgment if ...

Excerpt: ... January 16, 2017 (Plaintiff) to produce further responses to the Form Interrogatories (Set One), Nos. 12.2 through 12.7. The motion is granted. Plaintiff is ordered to serve supplemental responses within ten (10) days of today's date. The Court imposes monetary sanctions against Plaintiff in the amount of $1,560. Sanctions are payable to Defendants' counsel within thirty (30) days of today's date. A motion to compel further responses to form or ...

Excerpt: ... in a civil proceeding may gain access to police officer records and citizen complaint records through the procedures established in Evidence Code sections 1043 and 1045. (See Haggerty v. Superior Court (2004) 117 Cal.App.4th 1079, 1085 (Haggerty).) Evidence Code section 1043 requires a written motion and notice to the governmental agency which has custody of the records sought, and affidavits showing good cause for the discovery or disclosure so...

Excerpt: ...anted for Defendant. The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party can show evidentiary support for a pleading or claim and if not to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Atlantic Richfield).) Code of Civil Procedure Section 437c, subdivision (c) “requires the trial judge to grant...

Excerpt: ...7.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.” (Code Civ. Proc. § 916, subd. (a).) “The purpose of the automatic stay p...

Excerpt: ... (10) days leave to amend. The motion to strike in part. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects a...

Excerpt: ...8, 33-43, and 45-46. The motion is granted as to Request Nos. 17, 35- 36, and 45-46, and is otherwise denied. The request for sanctions is denied. Defendant is ordered to provide further responses to Request Nos. 17, 35-36, and 45-46, within ten (10) days of today's date. A motion to compel further production must set forth specific facts showing good cause justifying the discovery sought by the inspection demand. (See Code Civ. Proc., § 2031.31...