Excerpt: ...n. The court will reconsider the sanctions request if necessary in connection with the motion for class certification. To deny the motion to compel compliance with the order regarding request for production of documents and to impose $6,027 in monetary sanctions against plaintiff's counsel, the Parris Law Firm and the Downey Law Firm. Explanation: Motion to Compel Depositions Plaintiff moves to compel depositions of defendant Sun‐Maid employees...

Excerpt: ... court's order. Explanation: A special motion to strike provides a procedural remedy to dismiss nonmeritorious litigation meant to chill the valid exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., §425.16, subd. (a); see Martinez v. Metabolife Intern., Inc. (2003) 113 Cal.App.4th 181, 186.) The court engages in a two‐step process in determining whether an action is subject to the anti‐SLAPP statute...

Excerpt: ...y seeks relief from entry of default on March 9, 2021. Code of Civil Procedure section 473, subdivision (b) provides, in pertinent part: The court may, upon any 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, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of ...

Excerpt: ...may be proper, allow a party to amend any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.) The policy favoring amendment is so strong that it is a r...

Excerpt: ...re considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Civil Code section 3294, subdivision (a) provides: In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example a...

Excerpt: ...f service of this order. Explanation: First, to the extent that plaintiffs contend that defendants' motion is procedurally defective because defendants did not file a separate statement or meet and confer on all of the document requests before bringing their motion, the objection is without merit. A motion to compel compliance with a promise to produce documents does not require prior meet and confer efforts, nor does the moving party have to fil...

Excerpt: ...ecl., filed July 27, 2022, Ex. 1, and Cervantes Decl., filed June 30, 2022, Ex. 4.) If defendant fails to timely sign the Quitclaim Deed, the court clerk is directed to sign the Quitclaim Deed as elisor. The Quitclaim Deed shall be attached to the revised proposed order as described below. Defendant is to pay $4,432.50 in attorney fees to Webb Law Group, APC within 30 days of the date of service of this order. Plaintiffs are to submit, within 10 ...

Excerpt: ...rreparable injury to another party; (3) The defendant's acts would render final judgment ineffectual; (4) Money damages would not afford adequate relief; or (5) The amount of money damages needed to afford adequate relief is extremely difficult to determine. (See Code Civ. Proc., § 526, subd. (a)(1)‐(5).) The trial court evaluates two interrelated factors when deciding whether to issue a preliminary injunction. The first is the likelihood that...

Excerpt: ...v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596; Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) California Rules of Court, rule 3.1324 provides that a motion to amend must: (1) include a copy of the proposed amendment; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located;...

Excerpt: ...nced in the declarations. The errata and death certificate shall be filed no later than August 25, 2022. Explanation: “Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person's death, but survives subject to the applicable limitations period.” (Code Civ. Proc., § 377.20, subd. (a).) Also, “[a] pending action or proceeding does not abate by the death of a party if the cause of a...

Excerpt: ...f the minute order. New allegations/language must be set in boldface type. Explanation: The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of acti...

Excerpt: ...not filed. California Rules of Court, rule 3.1300(c) requires that the proof of service to be filed no later than five (5) court days before the hearing. In addition, the proof of service also shows untimely service. Service of the motion must be made at least 16 court days before the hearing, plus additional calendar days, depending on the type of service made. (Code Civ. Proc., § 1005, subd. (b).) Here, since service was made by mail to a Cali...

Excerpt: ..., whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause u...

Excerpt: ...o statutory grounds: Code of Civil Procedure section 473, subdivision (b) and Code of Civil Procedure section 473.5. Code of Civil Procedure section 473, subdivision (b) On application, the court may, on any terms as may be just, relieve a party from a default taken against it due to mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) Setting aside the default is within the sound discretion of the trial co...

Excerpt: ...ng that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” (Morgan v. Superior Court (1959) 172 Cal.App.2d...

Excerpt: ...lso been defaulted after his answer was stricken due to his repeated refusal to comply with court orders requiring him to appear for his deposition. Therefore, both defendants are now deemed to have admitted the allegations of the complaint, including the allegations that they made false and defamatory statements to third parties accusing plaintiff of being a child molester. As a result, they are subject to having a default judgment entered again...

Excerpt: ...nt with the court's order within 10 days of the date of service of this order. Explanation: Defendant moves for summary judgment or adjudication of plaintiffs' negligence/wrongful death claim on the ground that its employee Dr. James Kuo did not breach the standard of care. Defendant has presented the declaration of its expert, Dr. Gary Steinke, who opines that Dr. Kuo's care and treatment of plaintiffs' decedent did not fall below the standard o...

Excerpt: ...al responses render the motion moot as to these requests. To grant the motion to compel defendant Titlemax of California, Inc. (“defendant”) to provide further responses to requests for production numbers 24 and 25. Defendant shall provide verified further responses within 10 days of the date of service of this order. (Code Civ. Proc., § 2031.310.) To deny the motion to compel defendant to provide unredacted copies of the documents regarding...

Excerpt: ...�Cross‐Complainant”) Tentative Ruling: To continue the hearing on this motion to September 15, 2022, at 3:30 p.m. in Department 503, for supplemental briefing as set forth below. Briefing schedule is as follows: Cross‐ Defendants' initial brief shall be filed on or before August 12, 2022. CrossComplainant's opposition shall be filed on or before August 22, 2022. Reply, if any, shall be filed on or before August 29, 2022. Explanation: Cross�...

Excerpt: ... action: (1) retaliation in violation of Labor Code section 1102.5; (2) retaliation in violation of Government Code section 12940, subdivision (h); (3) wrongful termination in violation of public policy; and (4) defamation. All four cases of action are alleged against Stoneledge. The only claim alleged against Jorgensen is the fourth cause of action for defamation. Defendants jointly move for summary judgment or, in the alternative, summary adjud...

Excerpt: ...test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether the plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of the plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) For the purpose of testing the sufficien...

Excerpt: ...wer and cross‐complaint within 10 days of the clerk's services of the minute order. Explanation: The trial court has broad discretion to vacate the judgment and/or the clerk's entry of default that preceded it. However, that discretion can be exercised only if the moving party establishes a proper ground for relief, by the proper procedure, and within the statutory time limits. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Here...

Excerpt: ... Tentative Ruling: To overrule the demurrers and deny the motions to strike. (Code Civ. Proc., §§ 430.10, subds. (e), (f), 435, 436.) Defendants FTF Enterprises, Inc. and Remarc, Inc. dba Fox Property Management shall file their answers to the Third Amended Complaint within ten (10) days from the date of service of this order. Explanation: General Demurrer Both demurring defendants challenge the sufficiency of the fourth and sixth causes of act...

Excerpt: ...a v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9.) The trial court has a “fiduciary responsibility” as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for s...

Excerpt: ...ns on defendants John Mahoney and Laura Mahoney. Explanation: The court has personal jurisdiction over a party “from the time summons is served on him provided by Chapter 4 ….” (Code Civ. Proc., § 410.50, subd. (a).) The court may set aside a default in the event that service of a summons has not resulted in actual notice to a party in time to defend the action. (Code Civ. Proc., § 473.5, subd. (a).) This section is designed to provide re...