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