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...

Excerpt: ...ceedings 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 inconsistent adjudications. (See Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978-979.) A Notice of Motion to consolidate cases must (1) include a list of all named parties in each c...

Excerpt: ... may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 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).) ...

Excerpt: ... 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 is the subject of the cause brought aga...

Excerpt: ...Defendant objects to Plaintiff's consolidated response, filed after Plaintiff filed an opposition under CCP section 1005(b). The objection is SUSTAINED. The Court will not consider the response as it is an improper sur reply. Legal Standard “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (b) The requesting party may move for an order that the genuineness of any documents and t...

Excerpt: ... March 22, 2023; (3) The August 24, 2023 Court order granting Defendant's Motion to Deem Requests for Admission Admitted and establishing that all matters specified in Defendant's Request for Admissions, Set One, are deemed admitted and true by Plaintiff; and (4) Defendant's Notice of Ruling re: Motion to Deem Admitted Requests for Admission, Set One filed on August 25, 2023. A court may take judicial notice of the “[r]ecords of (1) any court o...

Excerpt: ...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 defend...

Excerpt: ...ted as “discretionary” and “mandatory”—from certain prior actions or proceedings in the trial court. (Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1124 (Luri).) The discretionary portion of section 473, subdivision (b) provides: “The court may, upon terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadv...

Excerpt: ...ne 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 that l...

Excerpt: ...rved one statement of damages together, putting Defendant on notice of $25,000 in general damages. Thus, their combined general damages cannot exceed $25,000. While the statement of damages contains language that says Plaintiffs seek general damages “in excess of $25,000,” Courts have held that a judgment is void if the damages awarded are more than the amount that is specifically stated in the statement of damages, i.e., here, $25,000. In an...

Excerpt: ...d Motion to Reopen Discovery Except as otherwise provided, “any¿party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial of the action.”¿ (Code Civ. Proc., § 2024.020(a).)¿ “[A]¿continuance¿or postponement of the trial date does not operate to reopen discovery proceedings”...

Excerpt: ...e, arising out of an alleged bedbug bite incident at Defendant's premises. On October 24, 2023, Plaintiff filed this motion for a stay of proceedings. On December 8, 2023, Defendants filed an opposition. No reply has been filed. Legal Standard The court's power to stay proceedings derives from the court's power to control its own processes and orders to ensure orderly administration of justice. (Code Civ. Proc., § 128(a)(8); Bailey v. Fosca Oil ...

Excerpt: ...ose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that party, or the attorney for that party, or both, and in favor of any party attending in person or by attorney, 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.” (CCP § 2025.430.) Discussion Plaintiffs served Defendant with a Notice of Deposition o...

Excerpt: ...ey (2001) 92 Cal.App.4th 422, 425.) Entry of dismissal terminates the action against the dismissed defendants. (Id.) Further, the entry of dismissal of an entire action divests the trial court of jurisdiction to enter further orders in that action, except for the limited purpose of awarding costs and statutory attorney fees (Gogri v. Jack in the Box Inc. (2008) 166 Cal.App.4th 255, 261) or entertaining a motion to vacate on grounds of mistake, ex...

Excerpt: ...ober 7, 2022, in case number 22STCV33087, Plaintiff Robert Ochoa filed a complaint against Defendants Victoria Gonzalez, and Louis Joseph Gonzalez, alleging causes of action for negligence, and negligence per se, arising out of a collision that occurred on December 10, 2021. On November 2, 2023, this Court found that these two actions are related. On October 26, 2023, Plaintiff Robert Ochoa filed the instant motion to consolidate. No opposition h...

Excerpt: ... of action against that defendant. (Code Civ. Proc., § 438(b)(1), 438(c)(1)(B)(i) and 438(c)(1)(B)(ii).) “A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself. [Citation.]” (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 877.) “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of t...

Excerpt: ...ow in the place of Doe Defendant 1; (2) add additional cause of action for negligence per se under Government Code 815.6 against Defendant City of LA/LADWP based on new facts discovered through formal and informal discovery; and (3) add additional cause of action for negligence per se under Los Angeles Municipal Code Section 62.104, et seq. against Defendants City of LA/LADWP and Bruffy's Inc. dba Bruffy's Tow. Plaintiff has uncovered information...

Excerpt: ...eem matters admitted in requests for admission are DENIED as moot. Defendants' request for sanctions is GRANTED in part. Plaintiff Erika Montano is ordered to pay sanctions in the amount of $435, within 20 days of this order, to Defendants. Defendants are ordered to pay $60 to the Court within five days. Moving party to give notice. Discussion As an initial matter, Defendants argue in the reply that Plaintiff's opposition is untimely and should b...

Excerpt: ...Sanctions are denied. Moving party to give notice. DISCUSSION Plaintiff moves to compel the deposition of Defendant Furley's Person Most Qualified and the Production of Documents. Plaintiff argues this case involves a battery case which occurred at Defendant's premises on February 2, 2021 due to Defendant's negligence in the security, maintenance, and operation of its place of business. Plaintiff sustained serious injuries as a result of the batt...

Excerpt: .../8 inches and there were no other aggravating factors to establish that the area is substantially dangerous; and (2) Defendant had no actual or constructive notice of the sidewalk uplift. 1. Trivial Defect Doctrine Government Code section 835 states:¿“Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at ...