Excerpt: ...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 Civ. Proc., § 2030.300, subd. (a).) If a timely motion to compel has been filed, the¿burden is on the responding party¿to jus...

Excerpt: ...plaint 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 594, 60...

Excerpt: ...injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for ph...

Excerpt: ...riking 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. (Code Civ. Proc., § 473, subd. (a); Dieckmann v. Superior Court (1985) 175 Cal.App.3d 345, 352.) “Public policy dictates that leave to amend be liberally gr...

Excerpt: ...riking 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. (Code Civ. Proc., § 473, subd. (a); Dieckmann v. Superior Court (1985) 175 Cal.App.3d 345, 352.) “Public policy dictates that leave to amend be liberally gr...

Excerpt: ...elief in Plaintiff's Third Amended Complaint (TAC). Summary adjudication is granted in favor of Defendants on the fourth, sixth, and supplemental causes of action. Summary adjudication is denied on the fifth cause of action. 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...

Excerpt: ... in any action or proceeding.” (Code Civ. Proc. § 1032, subd. (b).) “Prevailing party” includes “a defendant in whose favor a dismissal is entered.” (Code Civ. Proc. § 1032, subd. (a)(4).) “[A]s a general rule, attorney fees are not recoverable as costs unless they are authorized by statute or agreement.” (People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) “ The attorney be...

Excerpt: ... SP. The ninth and tenth causes of action are asserted against Western. The demurrer is sustained. 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 ...

Excerpt: ...v. 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.) The memorandum of cost is a verified statement by the party, ...

Excerpt: ...general rule, attorney fees are not recoverable as costs unless they are authorized by statute or agreement.” (People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) In a lemon law action, costs, and expenses, including attorney fees, may be recovered by a prevailing buyer under the Song-Beverly Act. (See Civ. Code, §§ 1790, et seq.) Civ. Code § 1794, subd. (d) provides: If the buyer prevai...

Excerpt: ...er 01-21-0004-3106]. The motion is granted. “If a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order...

Excerpt: ... 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 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 petiti...

Excerpt: ...ght for the nonpayment of wages, the court shall award interest on all due and unpaid wages at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2.” Civil Code section 3289, subd. (b), provides for an interest rate of 10 percent per annum. Plaintiff asserted claims in this action...

Excerpt: ...costs. The motion is granted in part. A prevailing party in litigation may recover costs, including 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...

Excerpt: ...arty 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 evidence' and uncontradicted by other...

Excerpt: ... (10) days leave to amend, and otherwise overruled. The motion to strike is granted 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...

Excerpt: ... 65-71, 77-78, and 80. The motion is granted as to Request Nos. 1, 2, 6, 8, 12-14, 16, 18-21, 23-29, 31-33, 65-71, and 80-84. 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., § 2031.310(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 just...

Excerpt: ... The demurrer is sustained. 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 c...

Excerpt: ...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 sufficienc...

Excerpt: ...ns against anyone engaging in a misuse of the discovery process. A court may impose terminating sanctions by striking pleadings of the party engaged in misuse of discovery or by entering default judgment. (Code Civ. Proc., § 2023.030, subd. (d).) A violation of a discovery order is sufficient for the imposition of terminating sanctions. (Collison & Kaplan v. Hartunian (1994) 21 Cal.App.4th 1611, 1620.) Terminating sanctions are appropriate when ...

Excerpt: ...erial 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 ge...

Excerpt: ...egal 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 Court (199...

Excerpt: ...ing 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 copying. (Code Civ. Proc., § 2025.280, subd. (a).) “If, after service of a deposition notice, a party to the action or officer, director, managing agent, or employee of a party . . . without having served a valid...

Excerpt: ...ve to amend. A motion for judgment 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 fu...

Excerpt: ...he 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 that are not essential to the statement of a claim, allegations that...

Excerpt: ... is sustained without leave to amend as to the third cause of action and overruled as to the fourth cause of action. The motion to strike is denied. Defendants are ordered to answer within ten (10) days of today's date. 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...

Excerpt: ...stained without leave to amend as to the first, second, and sixth causes of action and is overruled as to the fifth cause of action. The motion to strike is as to the request for punitive damages and attorney's fees and other wise overruled. Defendant MIA is ordered to answer within ten (10) days of today's date. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts p...

Excerpt: ...ffs Volet Khjoomian, Adrineh Vartoomian, and Arpineh Vartoomian, individually and as successors and heirs to Vazgan Vartoomian (collectively, Plaintiffs). The demurrer is overruled. Defendant is ordered to answer within ten (10) days of today's date. 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...

Excerpt: ...th Defendant. Plaintiff is a limited liability company engaged in construction work on an office building located at 5959 West Century Boulevard, Los Angeles, California, and Defendant is an insurer. (SAC ¶¶ 3-4.) Plaintiff purchased an insurance policy (the Policy) from Defendant providing coverage from October 27, 2017, through April 20, 2020. (SAC ¶ 9; Ex. 1.) The Policy provided that Defendant would “pay those sums that the insured becom...

Excerpt: ...iciency 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 Cal...

Excerpt: ...o 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 records. (Code Civ. Proc., § 2020.020.) The court, upon motion or the court's own motion, “may make an order quash...

Excerpt: ... 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 tested agai...

Excerpt: ...21 (Set One), and for monetary sanctions in the amount of $1,368.91. The motion is granted. Pursuant to Code of Civil Procedure section 708.030: The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party's behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made in the manner provided in Chapter 14...

Excerpt: ...ocedure section 1987(b), “[i]n the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an action or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of a...

Excerpt: ... respectively. The demurrer is sustained without leave 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 that a “demurrer lies only for d...

Excerpt: ...n 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 requests for production “shall set forth specific facts showing good cause justifying the discovery sought by the inspection demand.” (Code Civ. Proc., § 2031.310, subd. (b)(1).) “F...

Excerpt: ...tion of the arbitration. 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 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 arb...

Excerpt: ...ic), and move to strike portions of the TACC. The Court sustains the demurrer as to the second and ninth causes of action, without leave to amend, and overrules the demurrer to the eighth, tenth, and eleventh causes of action. The Court should grant 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 contention...

Excerpt: ...ufficiency 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 ...

Excerpt: ...on (b): “the court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made w...

Excerpt: ... 15th day, before the date initially set for trial of the action.” (Code Civ. Proc., § 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 Code Civ. Proc. section 2024.050. (Code Civ. Proc., § 2024.020(b); Pelton‐Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568.) Secti...

Excerpt: ...mend. 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[.]” (Steven...

Excerpt: ...a transfer of venue “when the court designated 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 be filed and served 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. Supe...

Excerpt: ...ed. 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: ... 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 sought, setting forth the materiality thereof to the subje...

Excerpt: ...s: (1) Plaintiff's Status Conference Report Regarding Arbitration; (2) The Settlement Agreement between Plaintiff on the one hand and Keylex, Inc. dba Keyes Lexus and Santandar Consumer USA Inc. on the other hand (the dealership defendants previous named in this action); (3) JAMS Pre-Arbitration Hearing Order No. Two Re: Claimant's Motion for Attorneys' Fees & Costs; and (4) Plaintiff's Case Management Conference Statement from March 10, 2022 The...

Excerpt: ...nherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) “In ruling on a motion for a stay order, the assigned judge must determine whether the stay will promote the ends of justice, considering the imminence of any trial or other proceeding that might materially affect the status of the action to be stayed, and whether a final judg...

Excerpt: ...arately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.” (Cal. Rules of Court, rule 3.1350, subd. (b).) Though Defendants move for summary adjudication in the alternative, they have not stated the issues for summary...

Excerpt: ... 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 594, 601.) “The rul...

Excerpt: ...r 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 ...

Excerpt: ...rtus, Landes & Umhoffer, and an award in the amount of $141,813.00 to Plaintiff's counsel Chen Horwitz & Franklin, for a total attorney's fee award of $342,782.67. The motion is granted in part. “[A]s a general rule, attorney fees are not recoverable as costs unless they are authorized by statute or agreement.” (People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) The attorney bears the bu...

Excerpt: ...llespie (Plaintiff). The demurrer is sustained as to the fifth and sixth causes of action with ten (10) days leave to amend. The demurrer is otherwise overruled. 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 ...

Excerpt: ...fore or at the same time as the answer to the complaint or cross- complaint. (Code Civ. Proc. § 428.50, subd. (a).) Any other cross-complaint may be filed at any time before the court has set a date for trial. (Code Civ. Proc., § 428.50, subd. (b).) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time duri...

Excerpt: ...gal 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 Court (1999...

Excerpt: ...e 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 that a “demurrer lies only for defects appearing on the face of the complaint[.]” (...

Excerpt: ...nts and serve a verified supplemental response 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., § 2031.310(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 t...

Excerpt: ...in Shulman's (Plaintiff) second, fifth, sixth, seventh, eighth, and tenth causes of action, as well as Plaintiff's claims for punitive damages. Summary adjudication is granted as to Squeaky Film and Epic Level on the second, fifth, sixth, and seventh causes of action. Summary adjudication on the eighth cause of action is denied as to Squeaky Film and Epic Level, and denied on the causes of action against Guerin, Rosenblum, and Rice. Summary adjud...

Excerpt: ...sale should not issue pursuant to Code Civ. Proc. § 704.710, et seq. Plaintiffs seek this order to enforce the judgment entered against Defendant/Judgment Debtor David Ku Fang Lin (Lin) on July 23, 2019, in the amount of $3,620,800.61. The Enforcement of Judgments Law (Code of Civil Procedure, §§ 680.010-724.260) provides a comprehensive¿scheme for the enforcement of civil judgments in California. (Evans v.¿Paye¿(1995) 32 Cal.App.4th 265, 2...

Excerpt: ...e 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.) The memorandum of cost is a verified statement by the party, attorney, or agent that the costs are corre...

Excerpt: ... the portions of the SAC related to punitive damages. The demurrer is sustained in part, and the motion to strike is denied. 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, ...

Excerpt: ... 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. (Code Civ. Proc., § 473, sub...

Excerpt: ...as to the second cause of action, and the 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 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...

Excerpt: ...ke Plaintiff's requests for punitive damages. The demurrer is overruled as to the first, third, fourth, fifth and sixth causes of action and sustained without leave to amend as to the seventh cause of action. The 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 conclusions of law. ...

Excerpt: ...ending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” “A motion to consolidate cases pending before the same ‘direct calendar' judge will be heard by that judge.” (Edmon & Karnow, Cal Prac: Guide: Civ. Proc. Before Trial (The Rutte...

Excerpt: ... 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) Grounds exist ...

Excerpt: ...x parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests. (Code Civ. Proc., § 387, subd. (c).) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if a provision of law confers an unconditional right to intervene, or the person seeking intervention claims an interest relating t...

Excerpt: ...rst Amended Complaint (FAC) of Plaintiff Princess Naope (Plaintiff). The unopposed motion is granted without leave to amend. A motion for judgment 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 d...

Excerpt: ... that an action has been filed affecting title to or right to possession of the real property described in the notice.' [Citation.] A lis pendens may be filed by any party in an action who asserts a ‘real property claim.' [Citation.] Section 405.4 defines a ‘Real property claim' as ‘the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property . . ..' ‘I...

Excerpt: ...on for judgment 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...

Excerpt: ...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 594, 601.) “The rules by which the...

Excerpt: ... Karton (Plaintiff), and move to strike portions of the FAC. The demurrer is overruled and the motion to strike is denied. Defendants are ordered to answer within ten (10) days of today's date. 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 (Blan...

Excerpt: ...th and Fair Dealing; and (3) Declaratory Relief. The demurrer is sustained without leave to amend. The Complaint alleges the following: Plaintiff is a limited liability company engaged in converting an office building located at 5959 West Century Boulevard, Los Angeles, California into a hotel and apartments. (Comp. ¶ 3.) Defendant is an insurer. (Id. at ¶ 4.) Plaintiff purchased an insurance policy (the Policy) from Defendant providing coverag...

Excerpt: ...reement 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. (...

Excerpt: ... costs unless they are authorized by statute or agreement.” (People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) Defendant seeks recovery of attorney's fees and costs pursuant to Code Civ. Proc. §§ 874.010, subd. (a), 874.040, and 1032(a)(4). The costs of partition include “[r]easonable attorney's fees incurred or paid by a party for the common benefit.” (Code Civ. Proc. § 874.010, s...

Excerpt: ...yntrub only. The demurrer is otherwise overruled. Defendants are ordered to answer within ten (10) days of today's date. 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...

Excerpt: ...e 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 the answer. (Code Civ. Proc., §430.50(b).) The critical inquiry when a plaintiff demurs to an answer is whether the answer r...

Excerpt: ...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 evidence' and uncontradicted by other inferences or...

Excerpt: ...ial 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 gene...

Excerpt: ...ate. 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[.]” (Stevens...

Excerpt: ...s of today's date. 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[...

Excerpt: ...dure § 128.5. (In the reply, Defendant increased the amount requested to $184,539.75 based on recently finalized billing records from the end of 2021. The Court does not consider that request as it was not set forth in the notice of motion filed on December 22, 2021.) The motion is granted. Plaintiffs have filed three suits against Defendant. The first, Lili Taleb v. Wyvernwood Garden Apartments/FPI Management Residential Property Management, LA...

Excerpt: ...en (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., § 2031.310(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 prep...

Excerpt: ...on 474 may be attacked by a motion to quash. [Citation.] If the terms of ... section 474 have not been complied with, the purported defendant has not been named as such in the complaint. A service upon one not named in a complaint does not confer jurisdiction to proceed upon the complaint against him, and a motion to quash is proper.” (McClatchy v. Coblentz, Patch, Duffy & Bass, LLP (2016) 247 Cal.App.4th 368, 375 (McClatchy).) “When the plai...

Excerpt: ...f the FAC. The demurrer is overruled, and the motion to strike is denied. Defendants are ordered to answer within ten (10) days of today's date. 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) 1...

Excerpt: ...ewing 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...

Excerpt: ...ffs Volet Khjoomian, Adrineh Vartoomian, and Arpineh Vartoomian, individually and as successors and heirs to Vazgan Vartoomia (collectively, Plaintiffs). The demurrer is sustained as to the second cause of action and overruled as to the fifth cause of action. 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 co...

Excerpt: ....10. The Court finds that the proposed complaint is not subject to the prefiling requirement under that section. Civil Code § 1714.10 provides that no cause of action may be asserted against an attorney for a civil conspiracy with their client arising from any attempt to contest or compromise a claim or dispute, unless the court determines that the plaintiff has a reasonable probability of prevailing in the action. A plaintiff seeking to assert ...

Excerpt: ...d on the basis of privilege. The motion is granted for the reasons stated in the moving papers. A party objecting to production of documents based on the attorney client privilege has the burden to file evidence of the preliminary facts establishing a privilege exists. (HLC Properties, Limited v. Superior Court (2005) 35 Cal.4th 54, 59.) “[W]here … the question calls for information which may or may not be privileged, the party asserting the ...

Excerpt: ... 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 all the evidence submitted, and ‘all infere...

Excerpt: ...as been dismissed. The demurrer is sustained as to the first cause of action and overruled as to the remaining causes of action. The motion to strike is granted 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. H...

Excerpt: ...end, and the 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 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...

Excerpt: ... Standard “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 petiti...

Excerpt: ...(10) days leave to amend, as to the second and fourth causes of action. 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 onl...

Excerpt: ...sition 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 copying. (Code Civ. Proc., § 2025.280, subd. (a).) “If, after service of a deposition notice, a party to the action . . . or employee of a party . . . , without having served a valid o...

Excerpt: ..., with ten (10) days leave 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 that a “demurrer lies only for defects appearing on the face...

Excerpt: ...z (Alvin), George Angel (George), and George Fernandez (Getry) (collectively, Cross-Complainants). The demurrer to the third cause of action is sustained without leave to amend. The demurrer to the fourth, ninth and tenth causes of action are overruled. Cross-defendants are ordered to answer within ten (10) days. Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed ...

Excerpt: ...ns, 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 copying. (Code Civ. Proc., § 2025.280, subd. (a).) “If, after service of a deposition notice, a party to the action . . . or employee of a party . . . , with...

Excerpt: ...on for judgment 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...

Excerpt: ...ranted with ten (10) days leave to amend. This case arises out of the parties' dispute over the real property located at 14333 Flynn Street, La Puente, California 91744 (the Subject Property). (Cross-Complaint ¶ 13.) The Cross- Complaint alleges that Cross-Complainant Wendy Avila (Avila) and her brother Cesar Avila purchased the Subject Property in 1999. (Id. at ¶ 17.) By December 2007, following a mortgage refinance and other subsequent change...

Excerpt: ...n Defendant and any health care plan or insurer, from January 1, 2017 to the present. Request No. 19 seeks a copy of each of Defendant's applications for contracts with a health care plan or insurer, from January 1, 2017 to the present. (Id. at ¶ 3, Ex. 4 [23].) Defendant served verified responses to the Requests for Production (Set One) on June 14, 2021. (Dohadwala Decl. ¶ 4, Ex. 5 [31].) Defendant objected to Requests Nos. 18 and 19 on the gr...