Excerpt: ...er of right, that any other party admit more than 35 matters that do not relate to the genuineness of documents. If the initial set of admission requests does not exhaust this limit, the balance may be requested in subsequent sets. (Code Civ. Proc., § 2033.030, subd. (a).) Unless a declaration 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 ...

Excerpt: ... service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. (Code Civ. Proc., § 473.5.) Relief must be sought within 2 years of the default judgment or 180 days after service of a written notice that...

Excerpt: ...vice of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. (Code Civ. Proc., § 473.5.) Relief must be sought within 2 years of the default judgment or 180 days after service of a written notice that the...

Excerpt: ...ust order a transfer of venue “when the court designated in the complaint is not the proper court.” (Code Civ. Proc., §§ 396b, 397, subd. (a).) Except as otherwise provided by law and subject to the power of the court to transfer … the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.” (Code Civ. Proc., § 395, subd. (a).) In the case of mixed actions, w...

Excerpt: ... 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[.]” (Stevens v. Superior Court (1999) 75 Cal.App.4th 59...

Excerpt: ...tute of limitations had run. The motion is denied. 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.) Code of Civil Procedure Section 437c, subdivision (c) “requires the trial judge...

Excerpt: ...l 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 tested against a general...

Excerpt: ...al 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 tested against a genera...

Excerpt: ...fficiency 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[.]” (Stevens v. Superior Court (1999) 75 Ca...

Excerpt: ...and confer in good faith and must submit a declaration attesting to those efforts. (Code Civ. Proc., §§ 2031.310, subd. (b)(2), 2030.300, subd. (b), 2033.290 subd. (b).) “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., § 2016.040.)¿However, a discovery motion need not be denied automaticall...

Excerpt: ...t 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 tested against a general demurrer are well settled. ...

Excerpt: ...le. The Court has no jurisdiction to address the propriety of the initial award of attorney's fees against TDAF since this matter is on appeal. Finally, the Court declines to stay this motion pending decision by the Court of Appeal. Pursuant to Civil Code section 1794, “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs an...

Excerpt: ...fore the motion is denied. The Court, for good cause shown, may make any order that justice requires to protect a party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. (Code Civ. Proc., § 2025.420.) Generally, this requires a showing that the burdens involved in producing discovery clearly outweigh whatever benefits are sought to be obtained thereby. (See Code Civ. Proc., § 2017.020, subd. (a).) Pursuant to C...

Excerpt: ...troversy and that a party thereto refuses to arbitrate such controversy, the court shall order the plaintiff 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 plaintiff; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc. §1281.2, subds. (a), (b).) A proceeding to co...

Excerpt: ... agreement exists and that the parties delegated the question of arbitrability to the arbitrator. The Court orders these proceedings stayed. “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 plaintiff and the respondent to arbitrate the controversy if it determines that an agreement...

Excerpt: ...ing 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[.]” (Stevens v. Superior Co...

Excerpt: ...erly 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 tested against a general demurrer ar...

Excerpt: ...orders these proceedings stayed. “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 plaintiff 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 bee...

Excerpt: ...any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.” Under section 187, judgments are typically amended to add additional ju...

Excerpt: ... 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 plaintiff 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 plaintiff; or (b) Grounds exist for the revocation of the agreement.” (Code C...

Excerpt: ...itrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the plaintiff 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 plaintiff; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc. §1281.2, subds. (a), (b).) A proc...

Excerpt: ...in Boyd. The motion is denied. Code of Civil Procedure section 389 provides in part: (a) A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the action and is so situated that...

Excerpt: ...etition to compel this case to arbitration on the grounds that Plaintiffs PNR Marketing Solutions, LLC (PNR), and Steven Nero (Nero) (collectively, Plaintiffs) signed a valid agreement to arbitrate. The motion is granted. “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 ...

Excerpt: ...n good faith and must submit a declaration attesting to those efforts. (Code Civ. Proc., §§ 2031.310, subd. (b)(2), 2030.300, subd. (b), 2033.290 subd. (b).) “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., § 2016.040.)¿However, a discovery motion need not be denied automatically based upon...

Excerpt: ...ted in part. In a lemon law action, the Magnuson-Moss Warranty Act allows the consumer to recover attorney fees, costs, and expenses if he or she is deemed the prevailing party. (See 15 U.S.C. § 2310(d)(2).) “Magnuson-Moss supplements California law of warranty and establishes a cause of action under the federal act for breach of written warranty.” (Orichian v. BMW of North America, LLC (2014) 226 Cal.App.4th 1322, 1332.) The attorney bears ...