Excerpt: ...fornia. (See Evid. Code § 452, subd. (c).) However, the Court does not take judicial notice of the truth of the matters asserted within this document. (See C.R. Tenet Healthcare Corp. (2009) 169 Cal.App.4th 1094, 1103.) Legal Standard 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. (T...

Excerpt: ...”) 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. CCP sect...

Excerpt: ...d Pinnacle Redondo LLC (Pinnacle) has filed an application for a good faith settlement determination. Pinnacle's burden in moving for good faith determination is to prove there has been a settlement. (See Franklin Mint Co. v. Superior Court (2005) 130 Cal.App.4th 1550, 1558; see also Mattco Forge, Inc. v. Arthur Young & Company (1995) 38 Cal.App.4th 1337, 1350 n.6; and City of Grand View Terrace, supra, 192 Cal.App.3d at pp. 1260-1261.) Pinnacle ...

Excerpt: ... or to cause unnecessary delay or needless increase in the cost of litigation. 2) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. 3) the allegations and other factual contentions have no evidentiary support; 4) the denials of factual contentions are not warranted on the evidence. C...

Excerpt: ..., 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 the evi...

Excerpt: ...ite (strict liability Civil Code section 3342), dog bite strict liability (common law), negligence and dangerous condition of property, arising from a dog bite incident that occurred on February 28, 2023. On September 20, 2023, this Court granted Defendant's motion to strike punitive damages. On November 3, 2023, Plaintiff filed a first amended complaint (FAC). On December 4, 2023, Defendant filed a motion to strike punitive damages from the FAC....

Excerpt: ...ant Miles Dupee, alleging a cause of action for motor vehicle and general negligence, arising out a vehicle collision that occurred on June 14, 2019. On November 23, 2022, this Court dismissed this case without prejudice pursuant to CCP 581(b)(3) when no party appeared for trial. On May 22, 2023, Plaintiff filed this motion to set aside the dismissal. Legal Standard Code of Civil Procedure § 473(b) provides for mandatory and discretionary relief...

Excerpt: ...mplaint against Defendants, alleging causes of action for motor vehicle negligence and general negligence. On September 26, 2023, Defendants filed this motion to compel compliance with a subpoena for production of business records. No opposition has been filed. Legal Standard When a subpoena has been issued requiring the attendance of a witness or the production of documents, electronically stored information, or other things before a court or at...

Excerpt: ...sical 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. 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...

Excerpt: ...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 law.” (Adler v. Manor Heal...

Excerpt: ...e. Background On May 6, 2021, Plaintiff George Mahr filed a Complaint against Defendants Golden Eda International Properties, LLC, and Golden Globe Investments LLC, and Lyfestyle Properties, LLC, alleging causes of action for premises liability and general negligence, due to a trip and fall that occurred on June 7, 2019. On July 10, 2023, this Court granted Defendant's motions to compel responses to Form Interrogatories, Special Interrogatories a...

Excerpt: ... The court may award the amount of the reasonable expenses incurred in making or opposing a motion to quash, including reasonable attorney's fees, if the court finds the motion was opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive. (Code Civ. Proc., § 1987.2(a).) The court exercises its discretion not to award sanctions. First, Defendant appears to have resolved the i...

Excerpt: ...g party is ordered 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 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 in...

Excerpt: ...adavich for negligence, arising out of a vehicle collision that occurred on July 12, 2018. On December 13, 2023, Defendants filed this unopposed motion to continue trial. Trial is set for January 30, 2024. Legal Standard Irrespective of whether it is contested, a party seeking a continuance of the trial date must do so upon noticed motion or ex parte application. (Cal. Rules of Court, Rule 3.1332(b).) Although disfavored, the trial date may be co...

Excerpt: ...nses 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 no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905–906.) Compel...

Excerpt: ...l did not designate Dr. Spoonamore until six days after the expiration of the deadline for expert designation. Counsel argues that the deadline was mis-calendared in the case management system employed by Defense Counsel. (Moncayo Decl., ¶11.) Upon discovering the error on November 8, 2023, Defense Counsel immediately drafted and served Plaintiff's Counsel with Defendant's Expert Witness Designation. At that time, Defense Counsel designated a si...

Excerpt: ... of Civ. Proc. §1033.5, subd. (a)(1).) Under Code of Civil Procedure section 1033.5, subdivision (c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incurred unnecessarily, are subject to section 1033, subdivision (c)(2). (Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.) The memorandum of cost is a verified statement by the p...

Excerpt: ...ave to amend. The motion to strike is denied as moot. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appe...

Excerpt: ...mend 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 to any pleading or proceeding in other particulars; and may upon like terms allow an ...

Excerpt: ...y, 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 t...

Excerpt: ...gal Standard A defendant 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...

Excerpt: ...oration, a partnership, an association, or a governmental agency.”¿ (CCP § 2025.010.) “Personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery.” (CCP § 2020.220(c).) Where a deponent fails to appear or produce documents at a deposition, Code of Civil Procedure § 2025.450 ...

Excerpt: ...e, 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, 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 s...

Excerpt: ...termine 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 lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows t...

Excerpt: ...r sanctions in connection with the motion to deem requests for admissions admitted is GRANTED in part. Plaintiff Christina Gutierrez is ordered to pay sanctions in the amount of $590, within 30 days of this order. Defendant is ordered to pay a filing fee of $60 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 propo...