Excerpt: ...oduce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (b) A motion under subdivision (a) shall comply with both of the following: (1) The ...

Excerpt: ...mmary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “On a motion for summary judgment, the initial burden is always on the moving party to m...

Excerpt: ...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 evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.)...

Excerpt: ...n after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as 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...

Excerpt: ...021 that these items have now been provided, the OSC will not be issued. Moving party is ORDERED to provide notice. Legal Standard Pursuant to Code of Civil Procedure section 2023.030(d), the court may impose terminating sanctions by “an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process” and “an order rendering a judgment by default against that party.” (CCP § 2023.030...

Excerpt: ... SCT proposes under Government Code sections 815.2, 820.2, 818.2, and 821.5, and their relation to SCT's decisions with respect to the preparation and implementation of safety protocols related to COVID-19. SCT shall file and serve its supplemental briefing on or before September 30, 2021. Plaintiff may file a supplemental opposition on or before October 8, 2021, and SCT may file a supplemental reply on or before October 15, 2021. Any supplementa...

Excerpt: ...ty of Los Angeles (Defendant County). Plaintiff alleged that the sidewalk at 5140 North Barranca Avenue in the City of Covina was in a “dangerous and defective condition” because a portion of the concrete sidewalk “was deteriorated with some sections raised over an inch above adjacent sections,” that caused her to trip and fall. (Complaint, p. 5, ¶1.) On May 13, 2020, the Defendant County filed its answer, alleging a failure to state a c...

Excerpt: ...e.” (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 evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of l...

Excerpt: ...lve their dispute.” (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 evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment ...

Excerpt: ...ses and a general denial of every allegation. On the same date, Defendant Walmart demanded a jury trial. On 8/05/2021, Plaintiff moved for trial preference pursuant to California Code of Civil Procedure section 36. LEGAL STANDARD The California Code of Civil Procedure (“Code Civ. Proc.”) section (“§”) 36(a) permits a party over 70 years of age to seek trial preference. The Court is required to grant the motion if it finds that the party ...

Excerpt: ...d Power entered into a subcontract (Contract) with Defendant Solar Vast to install solar panels, inverters, racking and electrical balance systems, and monitors at Plaintiff's Property. (Motion p. 4.) On September 18, 2017, Defendant High End Power completed its work and passed inspection. (Motion p. 4.) On March 13, 2019, Southern California Edison (SCE) gave Plaintiff notice (Notice) that the solar equipment needs to be relocated and Defendant ...

Excerpt: ...e of the safety hazard he created by driving while intoxicated. Plaintiffs allege Defendant Gustavo Perez's is guilty of malice as define in Civil Code section 3294. On September 9, 2021, Defendant moved to strike portions of the complaint. On September 30, 2021, Plaintiff opposed Defendant's motion. Legal Standard Motion to Strike Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whol...

Excerpt: ...ada Kindred Healthcare Operating, Inc. (“Defendants”) and Does 1-75 for the following causes of action: (1) elder abuse and neglect; (2) willful misconduct; (3) wrongful death; and (4) violation of patient's rights. On April 22, 2021, Plaintiffs voluntarily dismissed their fourth cause of action. On September 21, 2021, Defendants filed the instant petition to compel arbitration and motion for stay. On October 1, 2021, Plaintiffs filed their o...

Excerpt: ...ocuments, 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 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 directing compliance with it upon those terms or conditions as the court...

Excerpt: ...tion for Relief from Waiver of Jury Trial is GRANTED. Legal Standard Compelling Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is t...

Excerpt: ...angerous animal), and (3) negligence. This action arises from a dog bite. Baseman filed an Answer on March 23, 2021. Plaintiff filed the instant Motion for Leave to file First Amended Complaint on June 14, 2021. Summary Moving Arguments Plaintiff filed her complaint on February 16, 2021, and has since learned that Gloria Kaplan passed away on February 18, 2021. Plaintiff seeks leave of court to file a First Amended Complaint to replace defendant-...

Excerpt: ...al notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneou...

Excerpt: ...es of Court, Rule 7.950.5, so long as Petitioner uses the required Judicial Council forms and meets certain conditions. The settlement must not exceed $50,000. The conditions are: ¿ Petitioner is represented by an attorney. ¿ The claim is not for wrongful death. ¿ Settlement proceeds will not be placed in a trust. ¿ There are no unresolved liens to be satisfied from the proceeds of the settlement. ¿ Petitioner's attorney did not become invol...

Excerpt: ... Court rules as follows. BACKGROUND On October 22, 2018, Plaintiff Juana Alfaro (“Plaintiff”) filed a Complaint against Defendants Rosa Cruz; Jose Gonzalez; and DOES 1 – 50, inclusive (“Defendants”), alleging 2 causes of action arising from a motor vehicle collision that occurred on November 1, 2016. On May 1, 2020, the Court noted an Entry of Default against both Defendants. On July 31, 2020, Plaintiff filed a Statement of Damages with...

Excerpt: ...POSITION: NONE REPLY: N/A Decision: 1. The Court GRANTS Plaintiff's motion to compel. 2. The Court ORDERS Defendant to appear for deposition within 10 days of notice of this order, unless Plaintiff stipulates otherwise. 3. The Court further ORDERS that the defendant's attorney is to pay sanctions totaling $660 to Plaintiff within 30 days of notice of this order. Plaintiff is ordered to give notice of this order, and file proof of service of such....

Excerpt: ...filed and served on May 18, 2021 Background This general negligence and loss of consortium action arises from allegations by Plaintiff Kojani Petrosian (Plaintiff) that he was injured when Marcelo Omar Toselli's (Defendant Toselli) vehicle collided with Plaintiff's vehicle while on Rattler Trail within the Hungry Valley State Vehicular Recreation Area (hereinafter “HVSVRA”). Plaintiff filed the Complaint on February 18, 2020, alleging two cau...