Excerpt: ...including privilege and work product.¿¿(Code Civ. Proc., § 2031.300(a).)¿¿Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded.¿There is no deadline for a motion to compel responses.¿Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion. A motion to compel production must set f...

Excerpt: ...two or more parties are joint¿tortfeasors¿or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff¿. . . and one or more alleged¿tortfeasors¿or co- obligors¿. . . .”¿¿“A determination by the court that the settlement was made in good faith shall bar any other joint¿tortfeasor¿or co-obligor from any further claims against the settling¿tortfeasor¿or...

Excerpt: ... and through her Guardian Ad Litem, Kimberly Arnold (collectively “Plaintiffs”) filed a complaint against Defendants Ford Motor Company (“Ford”); Doe Dealership; County of Los Angeles; County of Los Angeles Department of Public Works; and State of California for (1) dangerous condition of public property, (2) products negligence, (3) strict products liability, (4) breach of express warranty, (5) breach of implied warranty, and (6) survivo...

Excerpt: ...r indemnity, later adding Sodexo, Inc. as Roe 1. USC filed discovery motions which the Court granted on May 11, 2021. The Court ordered Plaintiff to provide written responses to three discovery sets within 20 days. The Court ordered the matters in USC's Requests for Admissions, Set One deemed admitted. The Court also imposed a sanction of $525 jointly and severally on Plaintiff and her counsel. USC has filed a motion for terminating sanctions on ...

Excerpt: ... strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc. § 436, subd. (a)-(b); 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”].) Conclusory allegations are subject to motions to strike. (Covenant ...

Excerpt: ...iv. Pro. § 2031.010(c).) Under Code of Civil Procedure section 2031.310, a propounding party may move for an order compelling further responses to its demand for inspection if the propounding party deems that a statement of compliance with the demand is incomplete; a representation of the inability to comply is inadequate, evasive, or incomplete; or an objection in the response is too general or meritless. (Code Civ. Pro. § 2031.310(a).) Such a...

Excerpt: ...ecordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy, shall not be made or disseminated except as follows: 1. For use in a criminal action or proceeding in this state that relates to the death of that person. 2. As a court of this state permits, by order after good cause has been shown and after written notification of t...

Excerpt: ... Plaintiff's vehicle at a high rate of speed. (Complaint ¶6.) Further, Plaintiff alleges that Defendant was “under the influence of an unknown alcoholic beverage” and that Defendant “fled the scene.” (Complaint ¶¶9, 11.) Plaintiff's prayer for relief includes punitive damages for Defendant's alleged “reprehensible, despicable, vile and in conscious disregard for the rights and safety of Plaintiff” by allegedly driving under the inf...

Excerpt: ...gs 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. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim against him. (Semole v. Sansoucie (1972) 28 Cal. App. 3d 714, 721.) A “demurrer does not, however, admit contentions, ded...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...