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: ...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: ...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: ...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: ...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: ...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: ...“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: ...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: ...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: ... 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....