Excerpt: ...y provide no evidence that plaintiffs knew that the occupants of Apartment # 5 were manufacturing drugs. This fact remains undisputed. Plaintiffs dispute defendants' Undisputed Fact Nos. 7 and 8. However, their opposition and supporting evidence do not dispute these facts and they remain undisputed. Plaintiffs argue that Undisputed Fact No. 9 relating to plaintiffs' reports about the conduct of tenants not living in Apartment # 5 is not a materia...

Excerpt: ...81 days under Code of Civil Procedure section 437c, as amended by AB 2049. Plaintiff is correct that notice was inadequate. Code of Civil Procedure section 437c(a)(2) provides, in relevant part, that “[n]otice of [a summary judgment] motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing.” See, e.g ., Cole v. Superior Court (2022) 87 Cal.App.5th 84, 87. Effective ...

Excerpt: ... motion for one or more of the following purposes: 1. To quash service of summons on the ground of lack of jurisdiction of the court over him or her. Here, Defendants' Motion to Quash is untimely. Their time to plead expired on September 20, 2024 (presuming personal service) or October 1, 2024 (presuming substitute service). With no showing of good cause and no additional time granted by the Court, Defendants' motion was filed almost two months l...

Excerpt: ... Procedure section 437c, as amended by AB 2049. AVI is correct that notice was inadequate. Code of Civil Procedure section 437c(a)(2) provides, in relevant part, that “[n]otice of [a summary judgment] motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing.” See, e.g ., Cole v. Superior Court (2022) 87 Cal.App.5th 84, 87. Effective January 1, 2025, AB 2049 increase...

Excerpt: ...ourt indicates that it need not resolve an objection hereafter it means that given the disposition described i nfra , it did not have to resolve the objection. The objections to the Diamond declaration are overruled as moot with one exception: the court need not resolve objection 14. Objection 1 to the Griesbach declaration is overruled as moot; the court need not resolve any other remaining objections in connection with this declaration. As for ...

Excerpt: ...the law, or (3) the ends of justice. See Yost v. Forestiere (2020) 51 Cal App 5th 509, 526 -527. In this case, respondent's motion to terminate the restraining order makes no showing to support termination of the order. First, to the extent that respondent challenges venue or jurisdiction, that claim lacks merit. Venue and jurisdiction were proper in this court because petitioner alleged that she was harassed by respondent at petitioner's place o...

Excerpt: ...wer. A trial court has broad discretion to grant relief under Code of Civil Procedure Section 473(b), which is to be liberally construed. “Any doubts existing as to the propriety of setting aside a default thereunder will be resolved in favor of a hearing on the merits.” Berman v. Klassman (1971) 17 Cal. App. 3d 900, 909. Defendant's motion was filed in a timely manner. It also attaches a copy of her proposed motion. Thus, it is procedurally ...

Excerpt: ...cupied entirely or in part by the purchaser. The parties agree that plaintiff obtained a decree of judicial foreclosure under a purchase money trust deed. They also agree that he cannot recover a deficiency judgment under Code of Civil Procedure §580b. The issue before the court is whether plaintiff's request for attorneys' fees and costs presently constitutes an impermissible deficiency judgment. Until the property is sold it presently appears ...

Excerpt: ... 30 Cal.App.4th 943, 947; Planning & Conservation League v. Castaic Lake Water Agency (2010) 180 Cal.App.4th 210, 225 –226; Flying Dutchman Park, Inc. v. City and County of San Francisco (2001) 93 Cal.App.4th 1129, 1134. The court judicially notices the following Town Exhibits without opposition by petitioners: Nos. 1, 3, 4, 13 and 14. The court judicially notices the following Town Exhibits over the objections by petitioners: Nos. 7 and 12. Th...

Excerpt: ...6 September 6, 2024, plaintiff served its second set of further amended responses to requested discovery on defendants (by mail and e -mail). Per defendants' suggestion and the parties' agreement, the deadline for any motion to compel was 30 days after receipt of any responses. See, e.g. , Code. Civ. Proc. §2030.300(c)(allowing agreed extensions -interrogatories), §2031.310(c) (documents), §2033.290(c)(requests for admissions). Under the parti...

Excerpt: ...ndent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists. The burden is on the party seeking to compel arbitration to prove the existence of an agreement to arbitrate. See Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1217. If that burden is met, the burden shifts to the party opposing arbitration to produce evidence to challenge the validity of the agreement to arbitrate. See Gamboa v. Northeast Com...

Excerpt: ... basis of the deficiencies.” Code Civ. Proc. §430.41(a). This section requires the demurring party to file and serve with the demurrer a declaration describing the parties' meet and confer efforts or stating that the responding party failed to meet and confer. Id. The declaration from respondent's attorney does not satisfy the requirements of this section. It does not identify with legal support the basis of the deficiencies in the petition fo...

Excerpt: ...ff is required only to set forth the essential facts of his case with reasonable precision and with particularity sufficient to acquaint a defendant with the nature, source and extent of his cause of action” Doheny Park Terrace Homeowners Assn. Inc. v. Truck Ins. Exchange (2005) 132 Cal.App.4th 1076, 1099, cited with approval by Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550. “A demurrer tests the pleadings alone and not the evidence o...

Excerpt: ...ect of the demurrer and, of course, is part of the court's file. Meet and Confer Requirements Preliminarily, Code of Civil Procedure section 430.41 requires the parties to meet and confer before incurring the time and expense of a demurrer. “As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the defi...

Excerpt: ...FL0001430 (a domestic violence restraining order matter) in the Family Law Department, Departments 3/5. Per defendant, she has filed a petition in Case No. FL0001430 requesting “the Family Law Court to take jurisdiction over (1) Civil Case #CU0000128, (2) to Deny Comity of the Sharia Divorce Decree of 9/20/2020, (3) to Hear her Dissolution of Marriage Motion, (4) to award Ms. Stevenson the marital home in lieu of all other marital property.” ...

Excerpt: ... the conference date. Motion for Monetary and Terminating Sanctions Request for Judicial Notice: Defendants' request for judicial notice is granted in its entirety. Code of Civil Procedure section 2030.300(e) provides: If a party fails to obey an order compelling further response to interrogatories, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under C...

Excerpt: ...provides that a court or other decisionmaking body “may” do an act, the statute is permissive, and grants discretion to the decisionmaker. … [T]he decision whether to award attorney fees to a prevailing party — plaintiff or defendant — under section 527.6(i) is a matter committed to the discretion of the trial court.” Krug v. Maschmeier (2009) 172 Cal.App.4th 796, 802. Courts utilize Code of Civil Procedure section 1032 as guidance fo...

Excerpt: ...their answer to the fifth amended complaint and seek leave of the court to do so. Leave is warranted. It is well -established that the law favors the allowance of amended pleadings, including the filing of cross -complaints, both compulsory and permissive. The objective is to allow for trial on the merits whenever possible. Foot's Transfer Storage Co. v. Superior Court (1980) 114 Cal. App. 3d 897, 901. Code of Civil Procedure section 428.50 provi...

Excerpt: ... are not included in costs collectible under this title unless otherwise provided by law. In this case, the lease agreement includes an attorney's fees provision. Specifically, section 40 provides: In any action or proceeding arising out of this Agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and costs, except as provided in paragraph 39A. Plaintiffs' Request for Judicial Notice , Exhibit ...

Excerpt: ...er's motion fails for the following reasons: The original motion was not served on respondent, and the amended motion was filed and served more than ten days after notice of entry of the order; The original and amended motion make no showing of new or different facts, circumstances, or law. First, the case cited by petitioner, Gruzen v. Henry (1978) 84 Cal App 3d 515, is not new law; it was published in 1978. Second, the motion does not show new ...

Excerpt: ...ticles of Incorporation, Statement of Information CA Non -Profit Corporation. The request is GRANTED. The filings, specifically, the facts stated in the Articles of Incorporation, state facts that are “not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Evid. Code §452(h). Meet and Confer Requirements Defendants filed a declaration outlining the ...

Excerpt: ...o the first, second, third, and sixth causes of action of Plaintiff's Complaint is OVERRULED. Request for Judicial Notice Defendant's request for judicial notice of the grant deed to the property is granted. Meet and Confer Requirements Preliminarily, Code of Civil Procedure section 430.41 requires the parties to meet and confer before incurring the time and expense of a demurrer. “As part of the meet and confer process, the demurring party sha...

Excerpt: ...parties dispute numerous issues. What is not disputed is defendant's right to take plaintiff's deposition. The third amended deposition is a proper deposition notice, served after plaintiff confirmed his availability. Plaintiff did not appear for that deposition. Defendant's request for an order compelling plaintiff's deposition within 45 days of entry of order is appropriate. The parties are ordered to meet and confer, and defendant's attorney i...

Excerpt: ...iffs have failed to establish by a preponderance of credible evidence that: (1) the inherent risks manifested i.e., leakage/ seepage from the NID Canal; and (2) such leakage/ seepage was a substantial cause of their landslide property damage." Statement of Decision at 4; see also 4, n. 2. To prevail on his remaining claims of nuisance (second cause of action) and dangerous condition (third cause of action), plaintiff Pachaud must prove that NID "...

Excerpt: ...xcusable neglect. The motion must be made within a reasonable time, in no case exceeding six mon ths, after entry of default. Plaintiff concedes defendants' motion is timely. He disputes defendants' claim of excusable neglect. In Weitz v Yankosky (1966) 63 Cal. 2d 849, defendant mailed a summons and complaint to his insurer and believed he would be provided a defense. Unbeknownst to defendant, the documents were sent to the wrong branch office an...