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