Excerpt: ...examination proceeding in the same manner as a trial witness. (Code Civ. Proc., § 708.110, et seq.) The discovery methods available to a judgment creditor include the ability to propound written interrogatories on the judgment debtor and to demand the production of documents from the judgment debtor. (Code Civ. Proc., §§ 708.020, 708.030.) Additionally, the Court has inherent authority pursuant to Code of Civil Procedure section 187 to order a...

Excerpt: ... in Department 31, denied Plaintiff's motion to file a SAC. Plaintiff argues that there are grounds to renew the motion because the Court of Appeals reversed Department 31's order granting sanctions and the decision to deny the motion to file the Second Amended Complaint was based on that overturned decision. The language of Code of Civil Procedure section 1008, subdivision (e) makes it clear that a Court's power to hear successive motions is res...

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 rules...

Excerpt: ...mur 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 made after the time for demurrer has expired. Ex...

Excerpt: ...est that the Court quash the subpoena issued to Michelman by Respondent Ball Up. Petitioners argue that Ball Up cannot make the heightened showings required before a party may take the deposition of opposing counsel in a pending action. The Court agrees and grants the motion. Petitioners' motion to quash the subpoena, which relates to an action that is pending in the 17th District Court of Tarrant County, Texas (the Texas Action), is governed by ...

Excerpt: ... 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 te...

Excerpt: ...ication 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 to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from...

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 C...

Excerpt: ...aintiffs are not alleging the fourth cause of action against Raeisi. Additionally, Raeisi demurs to the first, second, third, and fifth causes of action in the SAC on the grounds that Plaintiffs have failed to allege sufficient facts as to these causes of action. The demurrer is overruled. The motion to strike is granted in part and denied in part. Defendant Raeisi is ordered to answer within ten (10) days of today's date. In reviewing the legal ...

Excerpt: ...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 defects appearing on the face ...

Excerpt: ...d, 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 are well sett...

Excerpt: ...r, 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 rules by which...

Excerpt: ... on December 10, 2020. The motion is granted in part. Code of Civil Procedure, section 425.16, subdivision (c) provides that “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” Fees are mandatory under the Anti-SLAPP Statute. Awards of attorneys' fees should be “fully compensatory” for all hours reasonably worked by counsel at reasonable hourly rates. (Ketchum v. Moses ...

Excerpt: ...cy 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.App.4...

Excerpt: ...Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) California Civil Code § 1717(a) states: In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the par...

Excerpt: ...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 default judgment has been entered, whichever is earlier. (Code Civ. Proc....

Excerpt: ... 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 only for defects appearing ...

Excerpt: ... The notice of motion must be served within 45 days after service of the responses in question (extended if served by mail, overnight delivery, email, or fax (see Code Civ. Proc., §§ 1013, 1010.6); otherwise, the demanding party waives the right to compel any further response. (Code Civ. Proc., §§ 2030.300, subd.(c), 2031.310, subd. (c), 2033.290, subd. (c), 2016.050; see Sperber v. Robinson (1994) 26 Cal.App.4th 736, 745.) The 45-day time li...

Excerpt: ...greement 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 Civ. Proc. §1281.2, subds. (a...

Excerpt: ...llectively, Defendants) move to compel Plaintiff to arbitrate his claims. The motion is granted, and the proceedings are ordered stayed pending resolution of the arbitration, “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 ...

Excerpt: ...Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) California Civil Code § 1717(a) states: In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the cont...

Excerpt: ...ut 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: ...ading. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded”]...

Excerpt: ...y, Cross-Complainants). The demurrer is sustained as to Mr. Rappaport and overruled as to Century. 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 t...

Excerpt: ...isdiction 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 the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject...

Excerpt: ...n 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 been waived by the plaintiff; or (b) Grounds exist for the revocat...

Excerpt: ...ed, 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 are well set...

Excerpt: ...reat 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: ...n 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 been waived by the plaintiff; or (b) Grounds exis...

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: ...nterprise's (LAAAE's) second cause of action for breach of the settlement agreement in the complaint filed in the consolidated action, Case No. BC651651 (the Consolidated Action). The motion is denied. 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 “d...

Excerpt: ...rvice of process. (See Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.]” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) Defendants are under no duty to respond in any way to a defectively served summons. It makes no difference that the defendants had actual knowledge of the action. Suc...

Excerpt: ...ons, 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 . . . , wit...

Excerpt: ...gs and findings required for a motion under Code of Civil Procedure section 425.16, subdivision (b). At the first step, the moving defendant bears the burden of identifying all allegations of protected activity, and the claims for relief supported by them. When relief is sought based on allegations of both protected and unprotected activity, the unprotected activity is disregarded at this stage. If the court determines that relief is sought based...

Excerpt: ...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: ...on Association case no. 01-19-0000-8895. Respondent Premier Rail Services, Inc. moves to vacate the Arbitration award. The petition to confirm is granted; the petition to vacate is denied. Under Code of Civil Procedure section 1285, “[a]ny party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as res...

Excerpt: ...rbitration 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 been waived by the plaintiff; or (b) Grounds exist for the revocation...

Excerpt: ...tatute of limitations had run. Defendant Griffith Company moves for summary judgment on the same grounds. The motions are granted. 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.) C...

Excerpt: ...on 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 governing demurrers apply. (Cloud v. Northrop Grumm...

Excerpt: ...action, which was granted. Accordingly, the Court will address the demurrers to the third cause of action for Intentional Infliction of Emotional Distress (IIED). The demurrers are sustained 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 ...

Excerpt: ...r, 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 rules by which...

Excerpt: ...DR). The Petition is granted and Respondent is ordered to produce her vehicle for inspection within thirty (30) days of this order. Code of Civil Procedure section 2035.030 states that “[o]ne who desires to ... preserve evidence for the purposes set forth in Section 2035.010 shall file a verified petition in the superior court of the county of the residence of at least one expected adverse party.” Pursuant to Code of Civil Procedure section 2...

Excerpt: ...4th 801, 808.) “[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.]” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) Defendants are under no duty to respond in any way to a defectively served summons. It makes no difference that the defendants had actual knowledge of the action. Such knowledge does not dispense with the statutory requirements for ...

Excerpt: ...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.) “T...

Excerpt: ...n is denied. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part of the pleading. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, ...

Excerpt: ...of action alleged against him. The motions are denied. As an initial matter, Defendant ServTech has not properly moved for summary adjudication. “If summary adjudication is sought, whether separately 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 stateme...

Excerpt: ...nd. 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 v...

Excerpt: ...iv. 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 objection under Section 2025.410, fails to appear for examination...

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 ...

Excerpt: ...aint was served. (Code Civ. Proc., §§ 418.10, subd. (a)(1), 412.20.) “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion... (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) Here, Nevada Coin was served with the summons and the...

Excerpt: ... to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” Per Code of Civil Procedure section 1285.4, “A petition under this chapter shall: (a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement; (b) Set forth the names ...

Excerpt: ...g 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 to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evi...

Excerpt: ...e attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or direct...

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: ...an RFA, he or she may be ordered to pay the costs and fees incurred by the requesting party in proving that matter. On the requesting party's motion, the court is required to make this costs and expenses award (“court shall make this order …”) unless the responding party proves a statutorily-recognized excuse. (Code Civ. Proc., § 2033.420, subds. (a) & (b).) Costs may be awarded when the requesting party proves the matter at trial or on a ...

Excerpt: ...tatute 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 burden of proof as to “reasonableness” of any fee claim. (Code Civ. Proc., § 1033.5(c)(5).) This burden requires competent evidence as to the nature and value of the services rendered. (Martino v. Denevi (1986) 182 Cal.App.3d 553, 559.) “Testimony of an attorney as to the number of hours...

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 agains...

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 (1999...

Excerpt: ...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: ... - San Francisco LLC, Sev Laser Aesthetics - Hermosa Beach LLC, Sev Laser Aesthetics - Walnut Creek LLC (the LLCs) and Salina Ranjbar (Ranjbar) (collectively, Defendants) move to compel Plaintiffs Wilbur Williams Jr. M.D. and Wilbur Williams, M.D., Inc. (Plaintiffs) to binding 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 ...

Excerpt: ...tions can only be granted after the moving party shows there is no adequate remedy at law. (Wilkison v. Wiederkehr (2002) 101 Cal.App.4th 822, 832.) A showing of irreparable harm is a “threshold requirement” to obtain a preliminary injunction. (Costa Mesa City Employees Assn. v. City of Costa Mesa (2012) 209 Cal.App.4th 298, 306.) To show irreparable harm, the moving party must ordinarily show that his injuries cannot be adequately compensate...

Excerpt: ...er 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: ...n Plaintiff and TRI. Plaintiff began to work for Defendant TRI in January 2014 as a salesperson. (SAC ¶ 8.) On January 31, 2017, Oaks and Plaintiff entered into an agreement making Plaintiff a partner. (SAC ¶ 9.) On August 15, 2017, Plaintiff executed an agreement so that Oaks and Plaintiff each owned 50% of TRI. (SAC ¶ 9.) The business relationship between Plaintiff and Defendant Oakes deteriorated and a contract called the “Deal Memo” (D...

Excerpt: ...ective Economic Advantage. Plaintiff Signature VNY, LLC (Signature) brings the instant motion for judgment on the pleadings against Robert F. Maguire III (Maguire) as to the first cause of action in the cross-complaint. The motion is granted. 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 t...

Excerpt: ...rrer, 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 rules by wh...

Excerpt: ...the amount of $25,870.00, for a total of $83,247.26. Plaintiff also moves this Court for reimbursement of costs and expenses in the amount of $5,637.26. The total amount requested by this motion is $83,247.26. 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 Ca...

Excerpt: ...o an agreement with Samir Srivastava (Srivastava) to sell real property located at 5645 Fernwood Avenue, Los Angeles, CA 90028 (the Property) for $3,000,000. (Complaint ¶ 9.) At this time, the Property had a deed of trust recorded against it for $1,500,000. (Complaint ¶ 9.) From 2014 to 2017, Plaintiff and Srivastava entered into four subsequent amendments to their original agreement. Specifically, on December 15, 2016, Plaintiff and Srivastava...

Excerpt: ...he subpoena, the motion should have been accompanied by a separate statement. (Cal. Rules of Court, rule 3.1345(a)(5). Failure to include a separate statement is independent grounds for denying the motion. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) The motion for protective order must be accompanied by a declaration stating facts showing a “reasonable and good faith attempt” to resolve the matter outside court. (Code Civ. Proc., §...

Excerpt: ...the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (Code Civ. Proc., § 1032, subd. (a)(4).) “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of j...

Excerpt: ... 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.) Here, the fees are both authorized by statute and by agreement. The attorney bears the burden of proof as to “reasonableness” of any fee claim. (Code Civ. Proc., § 1033.5(c)(5).) This burden requires competen...

Excerpt: ...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, where...

Excerpt: ...ecovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (Code Civ. Proc., § 1032, subd. (a)(4).) Under Code of Civil Procedure section 1033.5, subdivision (c)(2), allowable costs are only recoverably if they are “reasonably necessary to the conduct of the litigation.” Even...

Excerpt: ...ests for Production No. 1, 5, 7, and 9. Alternatively, Plaintiff seeks LAAAE's compliance with Code of Civil Procedure section 2031.250 in the form of a verification or other statement under oath that LAAAE's response to Plaintiff's Requests for Production is complete. The motion is denied. A motion to compel compliance pursuant to Code of Civil Procedure section 2031.320 does not have a 45-day time limit, nor does it contain a meet and confer re...

Excerpt: ...terial 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: ...ant Hannibal Classics, Inc. Plaintiffs also move to compel defendant Richard Rionda Del Castro to produce all non-privileged documents responsive to Request for Production Nos. 1 through 13 in the Amended Notice of Taking Deposition of Richard Rionda Del Castro and Demand for Production of Documents at Deposition. Plaintiffs also seeks sanctions in the amount of $11,761.65, jointly and severally against Defendants and their counsel. The motion is...