Excerpt: ...dgment, dismissal, order, or other proceeding taken against him through his or her mistake, inadvertence, surprise, or excusable neglect.” CCP §473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant relief from dismissal where the application is accompanied by an attorney affi...

Excerpt: ...intiff, if both of the following conditions are satisfied: (1)¿The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2)¿The examination is conducted at a location within 75 miles of the residence of the examinee. CCP section 2031.310 states: (a)¿If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with¿Section 2032.210), or...

Excerpt: ...Jesus Blanco and Fernanda Rivera. On July 3, 2023, the case was dismissed after the parties stipulated for dismissal due to settlement. The Court retained jurisdiction pursuant to CCP section 664.6. On February 7, 2024, State Farm filed a motion to set aside dismissal and for entry of judgment. No opposition has been filed. Legal Standard CCP section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the p...

Excerpt: ...s may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him through his or her mistake, inadvertence, surprise, or excusable neglect.” CCP §473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant rel...

Excerpt: ...al Standard Code of Civil Procedure, section 387, subdivision (d)(1) provides that the court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if “a provision of law confers an unconditional right to intervene,” or “[t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the a...

Excerpt: ...a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for¿inspection any document . . . 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 . . . described in the deposition notice.” (Code Civ. Proc., ...

Excerpt: ...tion of Plaintiff's claim, rejected on February 21, 2020. The requests are unopposed and granted. (Evid. Code § 452(c) -(d).) The court notes it is not taking judicial notice of any testimony, but rather is taking judicial notice of the filing and contents of the government claim. (Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 369-70 n. 1; see also Fowler v. Howell (1996) 42 Cal.App.4th 1746, 1752-53.) Legal Standard A demurrer for suffic...

Excerpt: ... and (C) Plaintiff's complaint in this action, filed on November 1, 2023. The requests are unopposed and granted. (Evid. Code § 452(c) -(d).) The court notes it is not taking judicial notice of any testimony, but rather is taking judicial notice of the filing and contents of the government claim. (Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 369-70 n. 1; see also Fowler v. Howell (1996) 42 Cal.App.4th 1746, 1752-53.) Legal Standard A dem...

Excerpt: ...n “reasonably made” by the party, the witness, or any consumer whose personal records are sought, 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 and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The cour...

Excerpt: ... (3) Defendant's notice of ruing re motion to compel. The request is GRANTED as to the existence of these documents, but not to the truth of the matters asserted within the documents. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1565). Legal Standard CCP section 2023.030 provides that, "[t]o the extent authorized by the chapter governing any particular discovery method..., the court, after notice to any affected party, person, or attorney, a...

Excerpt: ...endant's PMQ is GRANTED. Defendant is ordered to produce PMQs within 20 days of this order. Plaintiff's request for sanctions in connection with the motion to compel is GRANTED. Defendant is ordered to pay Plaintiff's counsel sanctions in the amount of $1,168.40 within 30 days of this order. Plaintiff is ordered to give notice. Legal Standard Motion for Protective Order When an inspection, copying, testing, or sampling of documents, tangible thin...

Excerpt: ...es 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, subd. (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 that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that n...

Excerpt: ...e, Defendant's request is unnecessary and the Court declines to rule on the request. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedu...

Excerpt: ...ct are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of incon...

Excerpt: ...void unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of inconsistent adj udications. (See Todd -Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978 -979.) Consolidation, however, is not a matter of right; it rests solely within the sound discretion of the trial judge. (Fisher v....

Excerpt: ...ether, despite their allegations, trial is in fact necessary to resolve 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 ...

Excerpt: ...nd motor vehicle negligence, stemming from a vehicle collision that occurred on Marc h 18, 2021. On February 9, 2024, this court granted Plaintiffs' motions to compel Defendant's responses to form interrogatories, special interrogatories, and request for production of documents. Defendant was ordered to serve responses without objections within 20 days of date of the orders. On March 8, 2024, Plaintiffs filed this motion for terminating sanctions...

Excerpt: ...of the order . . . [may] make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the applica tion shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code Civ. Proc., § 1008(a).) A trial court has disc ...

Excerpt: ... a party to th e action, if the cause of action asserted in his cross -complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or con troversy which is the subject of the cause brought against him.” (CCP § 428.10(b).) A party shall obtain leave of court to file a cross -complaint if it is not concurrently f...

Excerpt: ...ears to the court appropriate under the circumstances of the case.” CCP § 583.420 provides: (a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to trial within the following times: (A) Three years after the action is commenced...

Excerpt: ...ing from a slip and fall incident which took place in May 2019. Plaintiff Christina Gutierrez filed her Complaint against the City of Los Angeles on April 22, 2020. On March 30, 2023, Plaintiff filed a Doe Amendment naming AEG Management LACC, LLC as defendant in this action. On January 31, 2024, this Court granted Defendant's motions to compel responses to Form Interrogatories, and Special Interrogatories. The Court ordered Plaintiff to provide ...

Excerpt: ...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.” (CCP § 2025.450(a).) Such motions shall (1) set forth specific facts showing good ...

Excerpt: ...ion¿387, subdivision¿(a) provides that, “[u]pon¿timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding.¿ An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the com...

Excerpt: ...part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, u pon any terms as may b...

Excerpt: ...th of the matters in the request for admissions served on Defendant Meza. Plaintiff's request for sanctions is GRANTED in part. The Court orders Defendant Juan C. Meza and counsel of record Jenny L. Foley to pay sanctions in the amount of $460, jointly and severally, to Plaintiff's counsel within 20 days of this order. Moving party is ordered to give notice. Discussion On December 4, 2023, Plaintiff served Form Interrogatories, Special Interrogat...

Excerpt: ...aintiff's counsel within 20 days. Defendant M2 Investments, Inc. is ordered to pay $585 in sanctions to Plaintiff's counsel within 20 days. Moving party to give notice. Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection unde r Secti...

Excerpt: ...ted may file a cross -complaint setting forth: “(b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which ...

Excerpt: ...“CCP”) section 2032.220(a) provides: In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1)¿The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2)¿The examination is conducted at a location within 75 miles of the residence of the examinee. CC...

Excerpt: ...u Dorgalli, and Sam Dorgalli, alleging causes of action for general and motor vehicle negligence, stemming from a vehicle collision that occurred on March 12, 2019. On July 16, 2021, Defendants/Cross-Complainants Mary Lou and Sam Dorgalli filed a cross -complaint against Cross -Defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”). On September 23, 2021, LACMTA filed a cross- complaint against Defendants/Cross- Defenda...

Excerpt: ...vidence · The following objections are OVERRULED: 2, · The following objections are SUSTAINED: 1, 3, 4, 5, 6, 7 Legal Standard Code of Civil Procedure section 2033.300 states that: (b) A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties. (b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the re...

Excerpt: ...ny terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, u pon any terms as may be just, an amendment to any pleading or proceeding in other...

Excerpt: ...th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not ...

Excerpt: ... The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220.) Pursuant to CCP § 2032.220(b), this demand may be made “without leave of c ourt.” The physical examination should be scheduled for a date at least 30 days after service of the demand. (Code Civ. Proc., �...

Excerpt: ...g the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.'" (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390 (quoting Lang v. Hachman (2000) 77 Cal.App.4th 1225, 1246).) "Generally, '[a] decision to order terminating sanctions should not be made light ly. But ...

Excerpt: ...er. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.” C.C.P. §2031.060(a). “The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions…(5) That a trade secret or oth...

Excerpt: ...on he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” (CCP § 428.10(b).)...

Excerpt: ... if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to¿a motion for protective order by a party or other affected person. This motion shall be accompanied by a meet and confer declaration under Code of Civil Procedure section 2016.040. (Code Civ. Proc.,¿§ 2017....

Excerpt: ...ems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) 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; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Punitive damages may be recovered upon a proper showing of malice, fraud, or oppression. (Code Civ. Proc., § 3294.) “Malice” ...

Excerpt: ...ation is denied as to the causes of action for dangerous condition of public property and loss of consortium. Moving party to give notice. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co....

Excerpt: ...y may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) In addition to the limited number of interrogatories that may be propounded, a party may propound “a supplemental interrogatory” to obtain later -acquired information on¿matters covered¿by earlier interrogatories (but not on other topics). (Code Civ. Proc., § 2030.070(a).) The statute contains no time limit for a motion to c...

Excerpt: ...or attorney, and after opportunity for hearing, may impose... [monetary, evidence, and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to respond or to submit to an authorized method of discovery.... (g) Disobeying a court order to provide discovery.....

Excerpt: ...ttendance of a witness or the production of documents, electronically stored information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, 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 ...

Excerpt: ...e chapter governing any particular discovery method..., the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose... [monetary, evidence, and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to re...

Excerpt: ...pite their allegations, trial is in fact necessary to resolve 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 ev idence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any mater...

Excerpt: ... discovery responses to Defendant The Roman Catholic Archbishop of Los Angeles, a Corporation Sole, For and On Behalf of San Fernando Mission Cemetery, Set One, served on July 14, 2023; and (3) Plaintiff's Further Responses to Defendant The Roman Catholic Archbishop of Los Angeles, a Corporation Sole, For and On Behalf of San Fernando Mission Cemetery, Set One, served on August 28, 2023. Judicial notice of Plaintiff's discovery admissions may be ...

Excerpt: ...�� (Code Civ. Proc., § 473, subd. (b).) “Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or other proceeding was taken.” (Ibid.) “The court may, upon motion of the injured party, or its own motion, correct c...

Excerpt: ...terrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust." This provision is also included in Code of Civil Procedure section 2031.300, subdivision (c), for an inspection demand. Code of Civil Procedure section 2030.290, subdivision (c), also provides: "If a party then fails to obey an order compelling answers, the court ...

Excerpt: ...ummons to Jayden Hand Carwash, (4) Requests for Entry of Default as against Adam M. Flores and Jayden Hand Carwash filed and entered June 29, 2021, and (5) Judgment entered November 18, 2022. The request is GRANTED under Evidence Code section 452(d). Legal Standard CCP § 473.5(a) provides: “When 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 agai...

Excerpt: ...cal Center is dismissed. Moving party to give notice. Background On December 16, 2020, Plaintiff Karla L. Scott (“Plaintiff”) commenced this action against Defendant Lancaster Hospital Corporation dba Palmdale Regional Medical Center (erroneously sued as “Palmdale Regional Medical Center”) (“PRMC”). Plaintiff later name d MPM Building Services, Inc. (“MPM”) as a defendant on July 1, 2021. As alleged in the complaint, Plaintiff was...

Excerpt: ...not have to be tried.” (Cembrook v. Superior Court (1961) 56 Cal.2d 423, 429. Although a defendant “cannot be forced to admit the fact prior to trial despite its obvious truth”, the failure to do so comes with consequences, exposure to a costs of proof award. (Grace v. Mansourian (2015) 240 Cal.App.4th 523, 532.) C.C.P. §2033.420(a) provides: “If a party fails to admit the genuineness of any document or the truth of any matter when reque...

Excerpt: ...tion is denied as to the causes of action for dangerous condition of public property and loss of consortium. Moving party to give notice. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. ...

Excerpt: ...ant may move for judgment on the pleadings where the court has no jurisdiction of the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438 subd. (c)(1)(B).) A non- statutory motion for judgment on the pleadings may be made any time before or during trial. (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) “Such ...

Excerpt: ...al of the action.”¿ (Code Civ. Proc., § 2024.020(a).)¿ “[A]¿continuance¿or postponement of the trial date does not operate to reopen discovery proceedings” unless a motion to reopen discovery is filed and granted pursuant to¿CCP¿section 2024.050.¿ (Code Civ. P roc., § 2024.020(b);¿Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc.¿(2008) 165 Cal.App.4th 1568.)¿¿CCP¿section 2024.050 provides that “[o]n¿motion...

Excerpt: ... to resolve 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 ev idence' 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 ...

Excerpt: ...urprise, or excusable neglect.” (CCP §473(b).) Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant relief from dismissal where the application is accompanied by an attorney affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. (Id.) In either case, the appl...

Excerpt: ...on of Washington Boulevard and Mariposa Avenue in Los Angeles. Defendant filed this motion to strike the punitive damages allegations in Plaintiff's complaint on February 6, 2024. Plaintiff filed an opposition on February 27, 2024. Defendant filed a reply on March 1, 2024. Legal Standard “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 thereof.” (Code Civ. Proc....

Excerpt: ... of Civil Procedure section 581, subdivision (f)(2) is with prejudice. (See Parsons v. Umansky (1994) 28 Cal.App.4th 867, 870 [citing Wells v. Marina City Properties, Inc. (1981) 29 Cal.3d 789, 789].) The California Supreme Court has interpreted section 581 as “...not deny[ing] a plaintiff his day in court. It simply requires that he frame his allegations in order to state a cause of action; and if a plaintiff is unable to do so after an adequa...

Excerpt: ...documents, electronically stored information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, 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 and cond...

Excerpt: ... deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order.” (CCP § 2025.420(a).) This motion must be accompanied by a meet and confer declaration under CCP section 2016.040. (Ibid.) “The court, for good cause shown, may make an order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, ...

Excerpt: ...d C.C.P. §2032.220(a) provides, as follows: In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1)¿The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2)¿The examination is conducted at a location within 75 miles of the residence of the examinee...

Excerpt: ...cessary and the Court declines to ru le on the request. Evidentiary Objections Defendant's Objections to Plaintiff's Evidence: · The following objections are SUSTAINED: 1. The remainder of the objections are Moot. · The following objections are OVERRULED: n/a Plaintiff's Objections to Defendant's Evidence: · The following objections are SUSTAINED: 1, 2, 3 Vehicle Code section 20013 specifically precludes accident reports from being used as evi...

Excerpt: ...and on any terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, u pon any terms as may be just, an amendment to any pleading or proceeding ...

Excerpt: ...etary sanction. (Code Civ. Proc., § 2030.290, subd. (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 that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905– 906.) Compel RPDs Where there...

Excerpt: ...umer whose personal records are sought, 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 and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The court can make an order quashing or modifying a subpoena as necess...

Excerpt: ...tion for Breach of Contract is DENIED. SERVICE : [ X ] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X ] Correct Address (CCP §§ 1013, 1013a) OK [X ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION : Filed on January 16, 2024 [ ] Late [X] None REPLY : None filed as of January 29, 2024 [ ] Late [X] None BACKGROUND On November 21, 2022, Plaintiff Sunrun Installation Services Inc. (“Plaintiff”) filed four causes of action ...

Excerpt: ... part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc., § 664.6.) Discussion Plaintiff moves for an order pursuant to Code of Civil Procedure section 664.6 to enforce the settlement against Defendants. On June 20, 2022, t...

Excerpt: ...e §§ 945.4, 950.2, 950.6(a).) To be timely, a government claim for damages must be presented to the public entity within six months of the date the cause of action accrued. (§ 911.2.) If a plaintiff fails to file a government claim within the six -month period, he or she may apply to the public entity for permission to file a late claim. (§ 911.4.) Such an application must be presented within a reasonable time, and not later than one yea r af...

Excerpt: ... reasonable. Lastly, the Court sets the reasonable rate of Dr. Noomand as $2,000 per hour. Moving party is ordered to give notice. Legal Standard A party seeking to depose an expert witness shall pay the expert's reasonable and customary hourly or daily fee for any time spent. (Code of Civ. Proc., § 2034.430(b).) If the party seeking to the take the deposition of an expert witness deems the hourly o r daily fee of that expert to be unreasonable,...

Excerpt: ...quests for admissions admitted is GRANTED. Defendant is ordered to pay sanctions in the amount of $560, within 20 days of this order. Moving Party to give notice. Legal Standard Compel 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, subd. (b).) The statute contains no time l...

Excerpt: ...he IME is DENIED. Defendant Salvatore Martinez's motion for sanctions is GRANTED. Plaintiff is ordered to pay sanctions in the amount of $3,250 within 20 days to Defendant Martinez's counsel. Legal Standard Code of Civil Procedure (“CCP”) section 2032.220(a) provides: In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditio...

Excerpt: ...d (2014) 226 Cal.App.4th 363, 368 n. 1 (“The court may take judicial notice of the filing and contents of a government claim, but not the truth of the claim.”).) Legal Standard Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Wate r a...

Excerpt: ...urt or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, 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 and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern...

Excerpt: ...tlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(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.A...

Excerpt: ...ED. Legal Standard Pursuant to Code of Civil Procedure, section 436, “the court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” The grounds for a ...

Excerpt: ...roc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action . . . , without...

Excerpt: ....App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone an...

Excerpt: ... as a matter of law.” (Code Civ. Proc. §437c(c).) A cross -defendant moving for summary judg ment must show “that one or more elements of the cause of action ... cannot be established, or that there is a complete defense to that cause of action.” (Code Civ. Proc., § 437c, subd. (p)(2).) “[T]he initial burden is always on the moving party to make a prima facia showing that there are no triable issues of material fact.” (Scalf v. D. B. ...

Excerpt: ...anuary 30, 2023 and (C) Plaintiff's complaint in this action, filed on November 1, 2023. The requests are unopposed and granted. (Evid. Code § 452(c) -(d).) The court notes it is not taking judicial notice of any testimony, but rather is taking judicial notice of the filing and contents of the government claim. (Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 369-70 n. 1; see also Fowler v. Howell (1996) 42 Cal.App.4th 1746, 1752 -53.) Lega...

Excerpt: ...d to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(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...

Excerpt: ...field Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(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,...

Excerpt: ...t may, in furtherance of justice, and on any terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, u pon any terms as may be just, an amendm...

Excerpt: ...r an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(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 ...

Excerpt: ...(Aguilar v. Atl. 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 evide nce' 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.” (...

Excerpt: ...n the face of the pleading or via proper judicial 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. (Code Civ. Proc., §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the ...

Excerpt: ...ing served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document … 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… described in the deposition notice.” (CCP § 2025.450(a).) This motion shall set forth specific facts...

Excerpt: ...3, 2022, the case was dismissed after the parties stipulated for dismissal due to settlement. The Court retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to CCP section 664.6. On December 5, 2023, State Farm filed a motion to set aside dismissal and for entry of judgment. No opposition has been filed. Legal Standard CCP section 664.6 provides that “[i]f parties to pending litigation st...

Excerpt: ...uired 24-hour home health care services, allegedly provided by defendants. On the morning of 02/24/2022 at approximately 7:57am, a caregiver employed by defendants, who was supposed to have been providing the decedent with 24-hour home health care, found the decedent lying face down on the bathroom floor in a pool of her own blood. She was rushed to the hospital and spent eight excruciating days in the hospital on life support. On 03/04/2022, the...

Excerpt: ...rers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via ...

Excerpt: ...ay, in furtherance of justice, and on any terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment ...

Excerpt: ...of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4...

Excerpt: ...ies' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve 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, sho...

Excerpt: ...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 co-obligor for equitable comparative contribution, or part...

Excerpt: ...rrelevant, false, or improper matter inserted in any pleading; or (2) 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;¿Stafford v. Shultz¿(1954) 42 Cal.2d 767, 782.)¿ The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice. (Id. § 437.) Meet and Confer The meet and confer requi...

Excerpt: ...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 as a...

Excerpt: ...l Standard CCP § 428.10 provides that a party against whom a cause of action has been asserted may file a cross-complaint setting forth: “(b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought a...

Excerpt: ... request for judicial notice is GRANTED pursuant to Evidence Code sections 452(c) and (h). Legal Standard 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 thereof.¿(Code Civ. Proc., § 435(b)(1).)¿The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any ple...

Excerpt: ...CV31782 and assigned to Department 30 in the Los Angeles County Superior Court. Moving party to give notice. Legal Standard “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay...

Excerpt: ...independent medical examination (IME) of Plaintiff. No opposition has been filed. Legal Standard “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a loca...

Excerpt: ...rmining whether an agreement can be reached that resolves the objections to be raised in the motion to strike. (Code Civ. Proc., § 435.5.(a).) The meet and confer requirements have been met. (Balich Decl., ¶ 6; Davis Decl., ¶ 5.) Legal Standard 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 thereof. (Code Civ. Proc., § 435(b)(1).) The court may, upon a motion o...

Excerpt: ...ocuments, electronically stored information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, 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 and condition...