Excerpt: ...; 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., S 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Meet and Confer The motion to strike is accompanied by the declaration of Geoffrey P. Norton, which satisfies the meet and confer requirement (Code Civ. Proc. S 435.5.) Discussion Defendant Oxford Center moves to strike porti...

Excerpt: ...due to "death, illness, or other excusable circumstances"; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparmg for trial; (3) "excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts"; or (4) "[a] significant unanticipated change in the status of the case" preventing it from being ready for trial. (Id„ Rule 3.1332(c).) Other rel...

Excerpt: ...other excusable circumstances"; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) "excused inability to obtam essential testimony, documents, or other material evidence despite diligent efforts"; or (4) "[a] significant, unanticipated change in the status of the case" preventing itfrom being ready fortrial. (ld., Rule 3.13320.) Other relevant considerations may includ...

Excerpt: ...the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of factor 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 evidence or other extrinsic matters...