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