Excerpt: ...n to Compel responses to Requests for Production: Motion to compel DENIED as moot; request for monetary sanctions GRANTED in the amount of $554.60 as against Plaintiff and her counsel, jointly and severally. Motion to Deem Admitted Requests For Admission: The Court has NO TENTATIVE and wishes to hear argument as to the Motion to deem admitted as it appears that Plaintiff may have served, before the hearing, a response to the requests for admissio...

Excerpt: ...t, 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 compel a witness' compliance with a subpoena on such terms and conditions as appropriate to prote...

Excerpt: ...ctions. Background On March 6, 2020, Plaintiff Juan P. Angeo (“Plaintiff”) filed a complaint against Defendants Secure Transportation Company, Inc. and Crystal C. Hernandez, alleging a cause of action for motor vehicle negligence, stemming from a vehicle collision that occurred on March 6, 2018. In July 2022, Defendant served Plaintiff with Requests for Production, Form Interrogatories, Special Interrogatories, and Requests for Admission. Whe...

Excerpt: ...CCP”) Section 437c(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 Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “The function of the plea...

Excerpt: ...s to Defendant in the amount of $1,500, jointly and severally, within 30 days of this order. Legal Standard “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 conducte...

Excerpt: ...o, in person or telephonically, for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer and motion to strike. (See Code Civ. Proc., § 430.41.) 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 allegati...

Excerpt: ...e has not been made within two years after the action is commenced against the defendant. (Id., § 583.420(a)(1).) In determining whether the court should exercise its discretion in dismissing an action, the court must consider all relevant matters, including: “(1) The court's file in the case and the declarations and supporting date submitted by the parties and, where applicable, the availability of the moving party and other essential parties...

Excerpt: ...illness, or 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 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 relevan...

Excerpt: ...ht, 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 compel a witness' compliance with a subpoena on such terms and conditions as appropriate to prot...

Excerpt: ... 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. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issue involved in a demur...

Excerpt: ...tions are DENIED. Defendant Yard House USA, Inc. (sued as The Yard House, L.P.) filed three motions to compel against Plaintiff Laurie Scott on March 6, 2023 (one relating to form interrogatories, one relating to special interrogatories, and one relating to document requests). Plaintiff filed her oppositions on June 1 and 5, 2023. Defendant filed replies on June 8 and 12, 2023. The Court has reviewed the filings of the parties and issues the foll...

Excerpt: ...fore the date initially set for the trial of the action.”¿ (Code Civ. Proc., § 2024.020(a).)¿ For expert witnesses, “[a]ny¿party shall be entitled as a matter of right to complete discovery proceedings … on or before the 15th day, and to have motions concerning that discovery heard on or before the 10th day, before the date initially set for the trial of the action.”¿ (Code Civ. Proc., § 2024.030.)¿ In general, a “continuance¿or...

Excerpt: ...sted 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. (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: (1) The party. (2) An attorney who represents the party. (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.” Because of...

Excerpt: ...ut limitation): (1) unavailability of trial counsel or witnesses 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 preparing 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...

Excerpt: ... 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).) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, 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...

Excerpt: ...costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.” Purs...

Excerpt: ...nd will allow Plaintiff's counsel to use that test data in consulting with Plaintiff's experts and in conducting cross- examination of Defendant's experts. Legal Standard A court order is required to obtain a party's mental examination. (Code Civ. Proc. § 2032.310(a).) Such an order may be made only after notice and hearing, and for "good cause shown."¿ (Code Civ. Proc., §§ 2032.310(c), 2032.320(a).) This standard, the Court of Appeal has exp...

Excerpt: ...�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 evidence or other extrin...

Excerpt: ...on 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).) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, 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 . . ....

Excerpt: ... at the time the motion to change venue is made.' [Citations.]” (Lebastchi v. Superior Court (1995) 33 Cal.App.4th 1465, 1469 [citations omitted].) “If the plaintiff's complaint joins several separate causes of action, one of which is local and another transitory, the transitory action controls as to venue.” (Weil & Brown, CAL.PRAC. GUIDE: CIV. PRO. BEFORE TRIAL (The Rutter Group 2006) § 3:461, p. 3-113.) “Where the main relief sought is...

Excerpt: ... after opportunity for hearing, may impose... [monetary, evidence, and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to respond or to submit to an authorized method of discovery.... (g) Disobeying a court order to provide discovery...." "The trial court may...

Excerpt: ... stated on its website. The request is GRANTED pursuant to Evidence Code section 452(h). 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. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admi...