Excerpt: ...) It must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. (Id. at subd. (b).) The Court may construe the absence of any such memorandum as an admission that the motion is not meritorious and cause for its denial. (Id. at subd. (a).) Here, none of Plaintiff's motions complies with California Rules of Cou...

Excerpt: ...for admissions, Plaintiff responded that she "can neither admit nor deny" the request. These admissions includedcritical contentions about having any evidence to support plaintiff's claims. In her concurrently served responses to form interrogatories, plaintiff responded to interrogatory 17.1 for all of the above requests for admissions by stating "Responding Party lacks sufficient information to respond to this request at this time, ...

Excerpt: ...de of Civil Procedure section 473, which gives the courts power to permit amendments in furtherance of justice, has received a very liberal interpretation by the courts of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form where there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to am...

Excerpt: ... plaintiff William Gong's Form and Special Interrogatories, Set One and plaintiff William Gong's Requests for Production, Set One as to Defendant Cristallo Ventures, LLC. Defendant Cristallo Ventures, LLC will provide verified responses to the Form Interrogatories, Set One, Special Interrogatories, Set One and Requests for Production, Set One without objection within 20 days after the clerk's service of this order. To grant the Motion to Deem Req...

Excerpt: ...of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form where there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to amend.' [Citation.] ‘In the furtherance of justice, trial courts may allow amendments to pleadings and if necessary, postpone trial.... Motions to amend are appropriatel...

Excerpt: ...ore, the matter will be taken off calendar. The Court notes that the papers on file in support of the application are probably insufficient to support the relief claimed. In order to be entitled to relief, a plaintiff must show that the claim as “probable validity,” which means “it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.” (Code Civ. Proc. §481.190.) The evidence presented mus...

Excerpt: ...e of this order. All new allegations shall be in boldface. Explanation: “The court may, 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, aft...

Excerpt: ...ontribution, as Laticrete has also settled with plaintiff and obtained its own order determining the settlement to be in good faith. Thus, Benchmark's indemnity and contribution claims against Laticrete are barred. Explanation: Under Code of Civil Procedure section 877.6, “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue o...

Excerpt: ...e Martinez v. Metabolife Intern., Inc. (2003) 113 Cal.App.4th 181, 186.) The anti‐SLAPP statute may be invoked to challenge suits based on statements made in connection with an issue being considered by a judicial body. (Code Civ. Proc. §425.16(e)(2).) Pleadings, statements and writings “in connection with” civil litigation come within the parameters of the anti‐SLAPP statute. It need not be shown that the litigated matter is of public i...

Excerpt: ...order. Explanation: The party moving for summary judgment/adjudication bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co., supra, (2001) 25 Cal.4th 826, 850.) Only then does the burden of production shift to the party opposing summary judgment, who is then subject to its own burden of production to make a prima facie showing that a triable issu...

Excerpt: ...e reasonable “ballpark” of the settling crossdefendants' liability. (Code Civ. Proc. § 877.6; Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488, 499‐500.) Explanation: Under Code of Civil Procedure section 877.6, “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐ obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlem...

Excerpt: ...n good faith shall bar any other joint tortfeasor or co‐obligor from any further claims against the settling tortfeasor or co‐ obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc. §877.6(c).) In considering a motion pursuant to section 877.6, the court balances the statute's goals of (1) encouragement of settlements, and (2) equitable sh...

Excerpt: .... Sup.Ct. (1986) 179 Cal.App.3d 494, 498.) Here, the declaration of Doctor Douglas B. Malcolm, M.D. creates a triable issue of fact. Dr. Malcom opines that Saint Agnes – being a “busy California metropolitan emergency room facility” (Malcom Dec., filed: 5/23/18 ¶11), breached the standard of care in not having a radiologist available to interpret film twenty‐four hours per day. (Ibid.) According to Dr. Malcom, hospitals like Saint Agnes ...

Excerpt: ...2016, California Code of Civil Procedure section 430.41 went into effect. Subdivision (a) of that section states, in pertinent part: Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. S...

Excerpt: ...A special motion to strike pursuant to Code of Civil Procedure §425.16 (an “AntiSLAPP motion”) provides a means for quickly identifying and eliminating suits brought to chill the valid exercise of a party's constitutional right of petition or free speech. In order to invoke the protection of the anti‐ SLAPP statute, the defendant must show that the plaintiff's lawsuit arises from defendant's exercise of free speech or petition rights as de...

Excerpt: ...r other device. The photos of the standard connection assembly and the one at issue in the fire show that a rubber ring was on the one used in the fire. All parties agree this caused a leak, which then led to the explosion. All agree such rubber ring is not part of the assembly as designed by moving defendant. So no design defect is at issue. Plaintiffs tries to argue that the ring may have been added at moving defendant's factory anyway, outside...

Excerpt: ...oc. §§ 598, 1048.) As the decision to bifurcate is discretionary with the trial judge, and recognizing that this department may not be the ultimate trial department, the Court denies the motion to bifurcate at this time, without prejudice to it being renewed in limine. Judgment on the Pleadings The sole question presented by a defendant's motion for judgment on the pleadings is whether or not the facts stated in the complaint constitute a c...

Excerpt: ...asors or co‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.” (Code Civ. Proc. § 877.6(a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor o...

Excerpt: ...3d 311, 318.) “[P]laintiff's ability to prove the allegations, or the possible difficulty in making such proof, does not concern the reviewing court.” (Aragon–Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238; see Bainbridge v. Stoner (1940) 16 Cal.2d 423, 431 [“facts have no place in a demurrer”].) Demurrers supported by evidence are referred to as “speaking” demurrers and are improper. (Mohlmann v. Cit...

Excerpt: ...arty will result from allowing the admission to be withdrawn or amended. (Code Civ. Proc., § 2033.300, subd. (b); see New Albertsons, Inc. v. Sup.Ct. (2008) 168 Cal.App.4th 1403, 1418.) Judicial policy favors relief. Section 2033.300 is designed to eliminate undeserved windfalls obtained through requests for admission and to further the policy favoring resolution of lawsuits on the merits. Therefore, any doubts must be resolved in favor of the p...

Excerpt: ...). The case remains active as to defendant Brett Passmore. To grant Evans Electric Service's motion for monetary sanctions. Passmore Interprises, Inc. is ordered to pay monetary sanctions to the Law Offices of Barry E. Weber in the amount of $1,160.00 within 30 days after service of this order. Code of Civil Procedure §2023.030(a). Explanation: There is evidence that defendant Passmore Interprises, Inc. has engaged in misuse of the discovery pro...

Excerpt: ...prevail on their claim. Indeed, it appears that defendant is correct, as the undisputed facts show that plaintiffs do not own the 0.37 acre parcel that they allege was taken by the State. As plaintiffs do not own the parcel, they cannot prevail on their taking claim. “Both eminent domain proceedings and inverse condemnation actions implement the constitutional rule that private property may not be ‘taken' (U.S. Const., 5th Amend.) or ‘taken...

Excerpt: ...n's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. (Code Civ. Proc., § 340.5.) This rule sets forth two alternate tests for triggering the limitations period: (1) a subjective test requiring actual suspicion by the plaintiff th...

Excerpt: ...App.4th 1100, 1106.) The moving party has the burden of proving: 1) that his claim is one upon which an attachment may be issued; and 2) the probable validity of the claim. (Santa Clara Waste Water Company v. Allied World National Assurance Company (2017) 18 Cal.App.5th 881, 885.) The declaration of Mike Paternostro is insufficient to establish that the documents purporting to be defendants' credit application and guarantee and Citibank's extensi...