Excerpt: ...on of any contract.” (Code Civ. Proc., § 1281.) Pursuant to Code of Civil Procedure section 1281.2: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy e...

Excerpt: ...thin ten days of the date of service of this order. All new allegations shall be in boldface. Explanation: Plaintiffs have failed to allege any facts showing that defendants Argentino, Marshall, or RMK Engineering acted with fraud, malice, or oppression as required under Civil Code section 3294. Civil Code section 3294 states that, “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincin...

Excerpt: ...de Civ. Proc., § 2031.310.) The motion can be utilized to attack a response containing: an objection; an agreement to comply that is incomplete; or a statement of inability to comply that is incomplete or evasive. (Code Civ. Proc., § 2031.310, subd. (a).) The motion must be served within 45 days after service of a verified response (extended if served by mail, overnight delivery, fax or electronically). (See Code Civ. Proc., §§ 1010.6, subd. ...

Excerpt: ...e by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. The party opposing the motion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413‐414; Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754, 758; Vi...

Excerpt: ...ntative Ruling: To grant. Explanation: A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of any triable issue of material fact; if the defendant meets this burden, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) There is a triable issue of material fact where the ev...

Excerpt: ...) Moving party is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To grant Defendant Aaron J. Carter, M.D.'s Motion for Summary Judgment. (Code Civ. Proc. § 437c(c).) Moving party is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To grant D...

Excerpt: ...made by defendant FCA US LLC & Finegan Dealer Group North to the Knight Law Group, the Wirtz Law Group and the O'Connor Law Group within 30 days of the clerk's service of this minute order. Explanation: Pursuant to Civil Code section 1794, plaintiff seeks attorney's fees in the amount of $ 274,332.00, plus a multiplier of 1.5, for an additional $137,166.00. Plaintiff also seeks costs of $ 43,708.51. In total, plaintiff seeks $455,206.51 in attorn...

Excerpt: ...ions to compel defendant Enrique Arriola‐Hernandez to respond to the special interrogatories, form interrogatories, and request for production of documents served on him on December 3, 2020. (Code Civ. Proc. §§ 2030.290; 2031.300.) Defendant shall serve his responses without any objections within 10 days of the date of service of this order. To grant plaintiffs' motion to deem defendant to have admitted the truth of the matters in the request...

Excerpt: ...gon‐Washington Plywood Corp. (1976) 17 Cal.3d 520, 526.) Accordingly, the affidavits of the moving party are strictly construed, while those of the opposing party are liberally construed. (Huynh v. Ingersoll‐Rand (1993) 16 Cal.App.4th 825, 830.) “[A]ny doubts as to whether summary judgment is proper should be resolved against the moving party.” (Buehler, supra, 17 Cal.3d at p. 526.) A defendant moving for summary judgment bears the initia...

Excerpt: ...t is used to challenge pleadings that do not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 438, subd. (c).) 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 the pleadings or by matters that can be judicially noticed. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057.) Cross ‐defendants1 Lucky Lee Gold (“Lucky”) ...

Excerpt: ...l., Superior Court Case No. 20CECG01317 for purposes of discovery and trial only. A copy of this order shall be filed in each case. Huynh, et al. v. Coleman, Superior Court Case No. 18CECG03177 is designated as the lead case. Explanation: Consolidation “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all th...

Excerpt: ...e pursuant to Evidence Code section 452, subdivision (h). To grant the petition. The Complaint must be filed within 30 days of notice of the ruling plus 5 days for service via mail. [Gov.C. Sec. 946.6(f) and CCP Sec. 1013.] Explanation: Background On or about December 11, 2019, petitioner was driving his car in the vicinity of E. Belmont Avenue and N. Millbrook in Fresno, CA. He was “rear‐ended” by a car allegedly driven by Xiong Vang. Vang...

Excerpt: ...the entire action until an arbitration is had in accordance with the order to arbitrate. (Code Civ. Proc., § 1281.4.) Explanation: Moving Party Burden: The moving party must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396‐397, 399‐400; Graphic Arts Int'l Union v. Oakland Nat'l Engraving Co. (1986) 185 Cal.Ap...

Excerpt: ... order that a record be filed under seal if it expressly finds facts that establish: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve...

Excerpt: ...n”), the owner of the subject vehicle driven by Zachary but did not name Zachary as a defendant at the outset. Zachary contends that he was not named as a defendant until a year after the statute of limitations had run against him, and he disputes that plaintiff and his counsel were genuinely ignorant of Zachary's identity at the time the complaint was filed. In an effort to establish that plaintiff and his counsel were not genuinely ignorant o...

Excerpt: ...practicable to bring them all before the court, one or more may sue or defend for the benefit of all.” (Code Civ. Proc., § 382.) “The party seeking certification as a class representative must establish the existence of an ascertainable class and a well‐defined community of interest among the class members. The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representativ...

Excerpt: ...y. Explanation: A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of any triable issue of material fact; if the defendant meets this burden, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) There is a triable issue of material fact where the evidence would allow a re...

Excerpt: ...amount of $4,991.07, and Hardeep Singh (“Hardeep”) awarded costs in the amount of $3,764.25. Explanation: These motions relate to separate complaints filed by Surinder and Hardeep concerning the same commercial real estate transaction (sale of a gas station and minimart). Surinder was the seller, and Hardeep was the buyer. The sale process was long and complicated, and there were several addendums to the contract, some of which referenced rel...

Excerpt: ...fendant Osborn and her attorney. (Ibid.) Defendant Osborn shall serve further responses within 10 days of the date of service of this order. Explanation: Plaintiff seeks to compel defendant Osborn to provide a further response to requests 13 and 14, which seek any and all documents, including but not limited to notes, Facebook messages, text messages, memos, emails, letters, or journals sent by Osborn to Castillo, or received by Osborn from Casti...

Excerpt: ...nctions Tentative Ruling: To grant defendant Western Dental's motions respecting the interrogatories. To grant defendant Western Dental's motion to compel further responses to request for production of documents set one, except as to response no. 1. To impose monetary sanctions in the amount of $1,507. (Code Civ. Proc., §§ 2030.300, subd. (d), 2031.310, subd. (h).) Sanctions must be paid by plaintiff, Guled Fadumo Abdillah, to the Law Office of...

Excerpt: ...identiary objections. Explanation: Procedural Issues: There was an error at Paragraph 4 of the Notice of Motion in identifying the number of the cause of action: it referred to the “Second Cause of Action for Age Discrimination,” when the age discrimination claim is actually the first cause of action. This error was repeated on the Separate Statement, at Issue 4. However, despite this labeling error both sides were able to address this cause ...

Excerpt: ...4, 6, 7, 9, 10, and 11. All other objections are overruled as immaterial to the determination of the motion. (Code Civ. Proc., § 437c, subd. (q).) Explanation: Burden on Summary Judgment In ruling on a motion for summary judgment or summary adjudication, the court must “consider all of the evidence' and all of the 'inferences' reasonably drawn there from and must view such evidence and such inferences 'in the light most favorable to the opposi...

Excerpt: ...a)(1) which provides that, “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve or file a motion … [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” “On a challenge to personal jurisdiction by a motion to quash, the plaintiff has the burden of proving, by a preponderance of the evidence, the factual...

Excerpt: ...d when the 2016 Polaris Ranger Crew XP (“Subject Vehicle”) she was driving rolled over. Plaintiff alleges that the Subject Vehicle was defective in design, and in order to demonstrate that alternative safer designs were feasible when Polaris constructed the Subject Vehicle, Plaintiff seeks to depose the American Honda Motor Company and compel it to produce extensive documentation regarding the safety netting installed on Honda's UTVs. The dis...

Excerpt: ...mmary judgment order. Explanation: A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of any triable issue of material fact; if the defendant meets this burden, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) There is a triable issue of material fact where the eviden...