Excerpt: ...ature and value of legal services rendered in the case; or [¶] (3) the lawyer has obtained informed written consent from the client. If the lawyer represents the People or a governmental entity, the consent shall be obtained from the head of the office or a designee of the head of the office by which the lawyer is employed. [¶] (b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a w...

Excerpt: ...the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following...

Excerpt: ...njunction. (Motion; 2:1-20.) Code of Civil Procedure section 526, subdivision (a), provides the grounds upon which a court has the authority to issue a preliminary injunction. The Motion does not directly cite Code of Civil Procedure section 526. The court construes the Motion as requesting a preliminary injunction pursuant to Code of Civil Procedure section 526, subdivision (a)(2), because the Motion refers to irreparable harm. (Motion; 21:17-27...

Excerpt: ...d on 9- 19-22 under ROA No. 172, pursuant to Evidence Code section 452, subdivision (h), as to the existence of Exhibit A. Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) Code of Civil Procedure section 438, subdivision (c)(1)(B) states, “If the moving party is a defendant, that either of the following conditions exist: [¶] (i) The court has no jurisdiction of the subject of the cause of action alleged in the complaint. [¶] (ii) The ...

Excerpt: ...ubject to he objections.): The court SUSTAINS all of the objections. Plaintiff's Evidentiary Objections to the Declarations Submitted in Opposition to Motion for Appointment of Receiver and Injunctive Relief filed on 9-13-22 under ROA No. 164 (The court notes that Plaintiff did not sequentially number their objections and only identified the objections by referring to the paragraph numbers in the declaration subject to the objections. The court w...

Excerpt: ...1) 197 Cal.App.4th 282, 307, fn. 18.) “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) ...

Excerpt: ...o the demand if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following: [¶] (1) the motion shall set forth specific facts showing good cause...

Excerpt: ...for April 24, 2023 at 9:00 a.m., at which the parties or their counsel shall appear and advise the Court of the status of the arbitration proceedings. The CMC is vacated. Defendants seek judicial notice of 11 declarations and orders filed in other actions in which arbitration was sought and assert these other documents demonstrate their good faith. Plaintiff objects to the request for judicial notice. The Court agrees the documents are not releva...

Excerpt: ...n issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn compl...

Excerpt: ...nder the FEHA, and wrongful termination. Plaintiff filed and served four doe amendments adding as defendants to this action Phillip Bellafaire (Doe 1), Saddleback Electric Cars, Inc. (Doe 2), Bellafaire Enterprises, Inc. (Doe 3), and Semit Properties, LLC (Doe 4) (collectively, the “Doe Defendants”). Plaintiff alleged they are liable as alter egos of Saddleback Golf Cars, Inc. The Court tried the alter ego issue first, leaving liability and d...

Excerpt: ...of action. The shareholder is merely a nominal plaintiff in such an action. Even though the corporation is joined as a nominal defendant, it is the real party in interest to which any recovery usually belongs. See Grosset v. Wenaas (2008) 42 C4th 1100, 1108; Schuster v. Gardner (2005) 127 CA4th 305, 312; Vega v. Jones, Day, Reavis & Pogue (2004) 121 CA4th 282, 297.) Section 800 of the Corporations Code generally governs shareholders' derivative a...

Excerpt: ...e subject of the cause of action alleged in the complaint. ¶(ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Code Civ. Proc. § 439 states: “(a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings...

Excerpt: ...sible for the day to day operations of Doe 2, (3) that between 1997 and 2008 Doe 1 worked at temples owned by Doe 2, (4) that between 1997 and 2008 Doe 1 was in contact with minor children at temples owned by Doe 2, (5) that between 1997 and 2008 Doe 1 sexually molested or otherwise inappropriately touched minor children in or around the temples owned by Doe 2 and (6) that between 1997 and 2008 he worked at temples owned by Doe 2. (ROA #93) On 7/...

Excerpt: ...ment Plaintiff's Motion to Enforce Settlement Agreement Pursuant to C.C.P. § 664.6 and Enter Judgment against Defendants ARTISAN GLASS AND DESIGN, INC., RENEE HESTON and TOM GARLOCK Pursuant to the June 10, 2022 Settlement Agreement is DENIED. Pursuant to Code of Civil Procedure, section 664.6, “if parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settl...

Excerpt: ...separate pleading. (CRC 3.1354(b); Hodjat v. State Farm Mut. Auto. Ins. Co. (2012) 211 Cal.App.4th 1, 8-9—court did not abuse its discretion in refusing to consider objections not filed separately as required by rule). The City's evidentiary objections are OVERRULED. Allegations in the Complaint: Plaintiff's complaint asserts causes of action for premises liability and negligence based on general negligence and dangerous condition of public pro...

Excerpt: ...ired Notice of Right to Arbitrate (“Notice”) regarding a fee dispute in the underlying matter of Merrell v. Ford Motor Company, Orange County Superior Court Case No. 30-2020-01147752-CU-BC-NJC (“Underlying Case” or “UC”). Plaintiff's opposition provided no evidence showing a Notice had ever been served on Defendants as required under Bus. & Prof. Code § 6201(a). Bus. & Prof. Code § 6201 and the Mandatory Fee Arbitration Act (“MFAA...

Excerpt: ...ently demonstrated a basis to compel compliance pursuant to Civil Procedure Code sections 1985, 1987.1, and 2025.480. Plaintiff has established that he properly served Non-Party Nancy Gray, Esq. of Gray & Associates, PC (Attorney Gray) with the civil subpoena (duces tecum) (Subpoena) and that Attorney Gray has stated that she would not produce the documents requested absent a court order. (Oh-Kubisch Decl., ¶¶ 2 & 6-8 & Exh. 5.) Defendant conte...

Excerpt: ...evasive or incomplete. Code of Civil Procedure § 2030.300, subd. (a)(1)-(3).) The moving party must also include reasons why further answers should be ordered: legal or factual arguments why the answers given were incomplete or nonresponsive, or the objections invalid. California Rules of Court, rule 3.1345(c). The responding party has the burden to justify objections in response to a motion filed to compel further responses. Fairmont Ins. Co. v...

Excerpt: ...es/curriculum vitaes. The pertinent time frame is from the start of their employment through the reduction-in-force in November of 2019. Defendant objected on the grounds the Requests seek information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence; is overly broad and unduly burdensome in scope; and seeks confidential information protected by privacy rights of its non-party employees. The crux o...

Excerpt: ...eding taken against him or her through his or her [the party's] mistake, inadvertence, surprise, or excusable neglect.” (Civil Proc. Code, § 473, subd. (b).) An application for relief under Section 473(b) must be accompanied by a copy of the answer or other pleading proposed to be filed therein, and be made within a reasonable time, but in no case exceeding six months after the judgment, dismissal, order, or proceeding was taken. (See Civil Pr...

Excerpt: ...alice” is defined as conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (CC § 3294(c)(1).) “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. (CC § 3294(c)(2).) “Fraud” is defined as an...

Excerpt: ...le or an order of the court. Code Civ. Proc. § 436. “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not supported by the allegations of the complaint. (Code Civ. Proc. § 431.10(b).) A motion to strike can also strike legal conclusions. (Weil & Brown, Cal. Prac. Guide, Civil Proc. before Trial, ¶ 7...

Excerpt: ...intiff Adriana Alonso's motion to compel further responses to requests for admission (set one) is DENIED as to request for admission numbers 1, 2, and 7. Defendant Imperial Spa Fullerton, LLC is ORDERED to serve by personal service or overnight mail, no later than 10/13/2022, further responses to Plaintiff Adriana Alonso's special interrogatories (set one), special interrogatories numbers 1, 13, and 14, and requests for the production of document...

Excerpt: ...th alternative and peremptory writs, an application for an alternative writ, a memorandum in support of the application, declaration of counsel re ex parte notice, and a proposed alternative writ with blanks for the date and time of the OSC hearing. (Asimow, et al. (The Rutter Group November 2021 update) Cal. Prac. Guide: Administrative Law, at ¶ 18:110.) Normally, the memorandum filed with the application for alternative writ will be the memora...

Excerpt: ...st her fail to state sufficient facts. The HOA contends that the Trespass and Breach of Contract causes of action against it also fail to state sufficient facts. Hyland also moves to strike Plaintiff's claim for punitive damages and the HOA moves to strike Plaintiff's claim for costs of repair and attorneys' fees in connection with her trespass claims. As an initial matter, the Court notes that Hyland failed to properly meet and confer prior to f...