Excerpt: ...ts petitioner incurred in making this petition. Klein is entitled to an order that respondent shall pay his reasonable expenses incurred for this petition. Code of Civil Procedure section 1281.99(a) provides, “The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, by ordering the drafting party to ...

Excerpt: ...port of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) The declaration of Jeffrey E. Dorsett in support of this motion does not show any such effort to resolve the issue presented by the motion: reopening discovery. His declaration begins by explaining the parties' disputes over the depositions of defendants Chong Park and Howard Park. (...

Excerpt: ...gal effects are subject to judicial notice under Evidence Code § 452(d). (See Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) Defendant's requests for judicial notice are granted. On demurrer, courts need not accept the truth of allegations that are inconsistent with documents subject to judicial notice. (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1474.) Amended Demurrer to Second Amended Complaint Defendan...

Excerpt: ...e reporter's transcript, and $49.50 for service of papers. Plaintiff cannot recover these costs because he did not incur them for the appeal on which he prevailed. Both sides appealed orders in this case. The Court of Appeal issued two remittiturs. First, on March 9, 2023, the Court of Appeal issued a remittitur “[a]s to the notice of appeal filed January 10, 2022, by Appellant Gabriel Flores.” The remittitur did not state that any party was ...

Excerpt: ...sion (d). Lodestar Plaintiffs seek attorney fees incurred for the following hours and rates: Timekeeper Rate Hours Billed Freeman $450 8.3 $ 3,735.00 Henry $450 2 $ 900.00 Inscore $550 9.5 $ 5,225.00 Mellgren $450 9 $ 4,050.00 Rotman $550 21.9 $12,045.00 Wirtz $750 3 $ 2,250.00 Evans $300 8.7 $ 2,610.00 Goldson $300 18 $ 5,400.00 Hildebrand $250 3.6 $ 900.00 Lizarraga $250 4.2 $ 1,050.00 Vitanatchi $250 5.4 $ 1,350.00 Viviani $300 1.4 $ 420.00 Mu...

Excerpt: ...g the fees and costs petitioner incurred in making this petition. Klein is entitled to an order that respondent shall pay his reasonable expenses incurred for this petition. Code of Civil Procedure section 1281.99(a) provides, “The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, by ordering the ...

Excerpt: ...' existence and legal effects are subject to judicial notice under Evidence Code § 452(d). (See Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) Defendant's requests for judicial notice are granted. On demurrer, courts need not accept the truth of allegations that are inconsistent with documents subject to judicial notice. (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1474.) Amended Demurrer to Second Amended ...

Excerpt: ...nd cause of action for failure to prevent gender discrimination ( id., subd. (k)). The cross -complaint does not allege she exhausted her administrative remedies. “Before pursuing a civil action asserting violation of the FEHA, an employee must file an administrative complaint with the” Civil Rights Department “and obtain a right-to- sue letter from the agency.” (Foroudi v. Aerospace Corporation (2020) 57 Cal.App.5th 992, 1002.) “ ‘Ex...

Excerpt: ...atters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Courts also have discretion to permit a supplemental complaint “ alleging f...

Excerpt: ...dant cites no authority supporting its premise that “[t]he U.S. Supreme Court has long held that a plaintiff cannot proceed directly against a public entity on 42 U.S.C. § 1983 claims as a matter of law because there is no vicarious liability for such claims.” (Motion, pp. 3-4.) Defendant's reliance on Ashcroft v. Iqbal (2009) 556 U.S. 662 is misplaced. There, the Supreme Court stated, “Absent vicarious liability, each Government official,...

Excerpt: ... A. Yeck's hourly rate of $650. For hourly rates, “the trial court is in the best position to value the services rendered by the attorneys.” (569 East County Boulevard LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 436.) Courts may rely on their “own knowledge and familiarity with the legal market, as well as the experience, skill, and reputation of the attorney requesting fees, the difficulty or complexity of the litig...

Excerpt: ...2023, the clerk entered Turrow's default pursuant to plaintiffs' request. “The entry of a default cuts off the right to file pleadings and motions, and the right to notices and the service of pleadings.” (Steven M. Garber & Associates v. Eskandarian (2007) 150 Cal.App.4th 813, 823.) “After a default, a defendant is ‘ “out of court” ' and cannot take any further steps in the cause affecting the plaintiff's right of action until the def...

Excerpt: ... the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (CCP § 1987.1(a).) Plaintiff contends the subpoena to Sotheby's International Realty infringes on “multiple privacy rights.” (Motion, p. 2.) “The party asserting a privacy right m...

Excerpt: ...n of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Plaintiffs' requests for production Nos. 16 -21 demand various categories of documents regarding the “POWERTRAIN DEFECT”: documents concerning (16) internal analysis or investigation, (17) communications about the defect, (18) warranty extensions, technical service bulletins and reca...

Excerpt: ...and Sonya Bagby. Defendants move to strike portions of the complaint related to punitive damages. Courts may strike a “demand for judgment requesting relief not supported by the allegations of the complaint.” (Code Civ. Proc., § 431.10, subd. (b)(3).) Courts may strike allegations regarding punitive damages where the facts alleged “do not rise to t he level of malice, oppression or fraud necessary” to recover punitive damages under Civil...

Excerpt: ... to the court for a determination of good faith settlement. (CCP § 877.6(a).) A determination of good faith settlement “shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (CCP § 877.6(c).) In Tech -Bilt, Inc. v. Woodward-Clyde & Associates (1...

Excerpt: ...f Civil Procedure section 405.30 provides that a party with an interest in the real property may move to expunge a lis pendens. A party may do so on the basis that “the lis pendens is void and invalid” under section 405.23. (J & A Mash & Barrel, LLC v. Superior Court of Fresno County (2022) 74 Cal.App.5th 1, 16.) “A motion for expungement establishes a lis pendens is ‘void and invalid' for purposes of section 405.23 by showing service of ...

Excerpt: ... for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (CCP § 437c(a)(1).) In contrast, “[a] party may move for summary adjudication as to one or more causes of action within an action.” (Id., subd. (f)(1).) “Unlike a summary judgment, which terminates the entire action and results in an immediate, appealable judgment [citations], summary ...

Excerpt: ...r production of business records. Sunlight moves to quash White's deposition subpoena. White's motion to compel compliance with the subpoena is untimely. A motion to compel production of documents demanded in a deposition subpoena “shall be made no later than 60 days after the completion of the record of the deposition.” (CCP § 2025.480(b).) “The record of” a deposition pursuant to a business records subpoena “is the documentary record...

Excerpt: ...ction is grounds for sanctions up to and including termination. (CCP § 2030.300(e) [interrogatories]; § 2031.310(i) [requests for production].) Disobeying an order compelling further responses to requests for admission is grounds for monetary sanctions and an order deeming the matters admitted. (§ 2033.290(e).) Jerry Davidson disobeyed orders compelling further responses to special interrogatories, requests for production, and requests for adm...

Excerpt: ...( Curci Investments, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 221.) Where “the liability of the individual defendants” relies “upon disregard of the corporate entity by application of the alter ego doctrine,” a complaint's “bare conclusory allegation[s]” are insufficient for a default judgment against the individuals. (Vasey v. California Dance Co. (1977) 70 Cal.App.3d 742, 748 -749.) “In order to prevail in a cause of action again...

Excerpt: ... the operative pleading: the first amended complaint after the court sustained defendants' demurrer to the 5th through 10th causes of action for foreclosure of mechanics liens. The court's order sustaining the demurrer gave plaintiff 30 days' leave to file a second amended complaint. Plaintiff concedes it did not timely file a second amended complaint. (Opp., p. 2.) Instead, the same day defendants filed this motion, plaintiff filed an untimely s...

Excerpt: ...errogatories, and requests for production. When the responding party fails to timely respond to interrogatories or requests for production, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [request for production].) Failing to timely respond waives any objections. (CCP §§ 2030.290(a); 2031.300(a).) BMW ultimately served untimely responses to these discovery requests. (Dao Decl...

Excerpt: ...o exhibits: (A) a letter written by the Department of Health Care Services (DHCS) to the California Society of Pathologists, and (B) part of the Medi -Cal Provider Manual titled “Pathology: Billing and Modifiers.” Both documents are “[o]fficial acts” of the State's executive departments subject to judicial notice under Evidence Code section 452(c). Defendant's requests for judicial notice are granted. Judicial Abstention Defendant argues ...

Excerpt: ...the same or similar claims” (Cal. Rules of Court, rule 3.300(a)(1)) or “[a]rise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact” (rule 3.300(a)(2)). The latter case alleges personal injury and premises liability based on plaintiff Latasha Grigsby falling on February 16, 2021, while using the stairs at 776 East Meadbrook St...