Excerpt: ...n is denied. The 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 partie...

Excerpt: ...vestments, LLC (collectively, Cross-Complainants). 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...

Excerpt: .... 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.) It is well settled that a “demurrer lies onl...

Excerpt: ... Inc., Seersoft, Inc., and Ailene Bundalian Rivera (collectively, Plaintiffs). 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 (Atlantic Richfield).) Code of Ci...

Excerpt: ...ained as to the third cause of action, without leave to amend, and otherwise overruled. The motion to strike is granted. 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)...

Excerpt: ...erruled 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) 163 Cal.App.3d 1055, 1062.) It ...

Excerpt: ... to Plaintiff's second and third causes of action. The demurrer is sustained as to the third cause of action against all demurring Defendants, and 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. ...

Excerpt: ...terminating sanctions but grants the motion to compel. Plaintiff is ordered to appear for deposition on June 23, 2023. The Court orders monetary sanctions against Plaintiff in the amount of $2,600. Plaintiff is ordered to pay Defendant's counsel $2,600 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., �...

Excerpt: ...int 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, 601.)...

Excerpt: ...s Fire Insurance Company (Plaintiff). The motion is granted. “Trial courts generally have the inherent 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 procee...

Excerpt: ... Pao (collectively, Plaintiffs), and move to strike portions of the FAC. The demurrer is overruled as to the fourth cause of action for fraud by Chung against Feliciano, and is otherwise sustained. 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. K...

Excerpt: ...onsive documents within ten (10) days of today's date and to make the PMK available for deposition 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 prod...

Excerpt: ...claims for Elder or Dependent Adult Abuse. Summary adjudication is granted as to Plaintiff Abraham Cheng's cause of action, and is otherwise 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 Ca...

Excerpt: ...judication 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 inferences r...

Excerpt: ... in litigation may recover costs, including but not limited to filmg fees. (Code of Civ. Proc. 51033.5, subd. Under Code of Civil Procedure section 1033.5, subdivision allowable costs are only recoverable if they are "reasonably necessary to the conduct ofthe litigation." Even mandatory costs, when incurred unnecessarily, are subject to section 1033, subdivision (Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.) The me...

Excerpt: ...uses of action and othenvlse sustained without leave to amend. Cross-Defendant is ordered to answer within ten (10) days of today's date. In reviewing the legal sufficiency of a complaint against a demulTer, 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 CaL3d 311 : 318 (Blank): C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal ...

Excerpt: ...c„ S 438, subd. 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 agamst that defendant" (Code Civ. Proc„ 5 438, subd. A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by statute, the rules governing demurrers apply. (Cloud v. Northrop ...

Excerpt: ...ncy of a complaint agamst a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blankv. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 CalApp.3d 1055, 1062.) It is well settled that a "demurrer lies only for defects appearing on the face of the complaintl.]" (Stevens v. Superior Court (1999) 75 Cal.App.4th 59...

Excerpt: ...ay impose are such as are suitable and necessary to enable the party seeking discovety to obtain the objects of the discovery he seeks but the court may not impose sanctions which are designed not to accomplish the objects of the discovety but to impose punishment." (Motown Record Corp. v. Superior Court (1984) 155 Cal.App.3d 482, 489.) For discovety abuse, "[t]he penalty should be appropriate to the dereliction, and should not exceed that which ...

Excerpt: ... 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„ S 473, subd. California courts are required to permit liberal amendment of pleadings m the interest of justice befiveen the parties to an action. (Code Civ. Proc., S 473, subd. (a); Dieckmann v. Superior Court (1985) 175 Cal.App.3d 345, 352....

Excerpt: ...tion against Arroyo Creek Ouners Association (Arroyo Creek) and as to all causes of action against Defendant Beven & Brock Property Management Co.: Inc. (Beven & Brock). 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 (0) A motion by a defendant may be made on the grounds that the complaint or cross-complaint ' 'does not state facts sufficient to cons...

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

Excerpt: ...nted as to Form Interrogatory Nos. 9.1 and 50.1, and is denied as to the remaining interrogatories as moot Verified supplemental responses to Form Interrogatories 9.1 and 50.1 must be sewed within ten (10) days of todays date. The Court orders monetary sanctions against Alanic in the amount of S3,600. 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 ...

Excerpt: ... carrier for damages suffered in an auto accident with an uninsured motorist: he may not subsequently file a legal action against his UM insurer unless, within two years after the date of the accident: he first files an action against the uninsured motorist: demands arbitration with his CTM insurer, or reaches an agreement with his UM insurer. " (Blankenship v. Allstate Ins. co. (2010) 186 CalApp_4th 87: 91; Ins. Code 11580.2: subd_ Arbitration i...

Excerpt: ...fendants) demur to the seventh cause of action in Plaintiffs' First Amended Complaint (FAC), and move to strike portions of the FAC. The demurrer is overruled. The unopposed motion to strike is granted. Defendants are ordered to answer within ten (10) days of todays date. In reviewang the legal sufficiency of a complaint agamst a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deduc...