Excerpt: ...ining to these proceedings, are “ ‘presumptively open.' ” [Citation.]' [Citation.]” California Rules of Court, rule 2.551, states, “(a) A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties. [¶] (b)(1) A party requesting that a record be filed under seal must file a motion or an application for an order sealing t...

Excerpt: ...ntiff brought the sewer pipe issue to the attention of Defendant's agent, Cardinal, Cardinal directed Plaintiff to remediate the sewer pipe issue herself, and then submit any resulting invoices to the HOA through its agent Cardinal for reimbursement. 39. Plaintiff remediated the sewer pipe issue by hiring a competent third party. Plaintiff paid third party in full for the invoices it submitted to Plaintiff. Plaintiff then forwarded the invoices t...

Excerpt: ...motion, or any other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected...” Here, Defendant served the Motion on Plaintiff's COUNSEL on May 27, 2022, but Defendant also filed the Motion on May 27, 2022. (See Papefthimiou Decl., ¶ 19.) Defendant contends he complied with section 128.7 because the hearing date on the Motion – September 27, 2022 ...

Excerpt: ...r 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 unnecessary delay or needless increase in the cost of litigation. [¶] (2) The claims, defenses, and other legal contentio...

Excerpt: ... states, “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” “It is well established that ‘California courts “have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not pr...

Excerpt: ...il Procedure section 2023.010 states, in part, “Misuses of the discovery process include, but are not limited to, the following: . . . [¶] (g) Disobeying a court order to provide discovery.” Section 2023.030 provides, “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, m...

Excerpt: ...2 to file a second amended complaint. A status conference will be held on October 4, 2022 at 8:30 a.m. in conjunction with the related case of Luangphonh v. Better Mortgage Corporation 21-1190771. A joint status conference statement should be filed on or before September 27, 2022. Both sides cite unpublished California Superior Court decisions in their papers. “Even assuming for the sake of argument that [these cases] involve[] the same issue a...

Excerpt: ...022. As a threshold matter, the Court notes that the initial Complaint in this matter was filed on 9/14/21 by Plaintiff/Petitioner, Hall against Respondents. (ROA 1.) Thereafter, on 11/5/21, Petitioner Hall filed an amended pleading entitled “Verified Petition for Writs of Traditional and Administrative Mandate and Request for Immediate Stay.” (ROA 20.) Then, on 12/13/21, Petitioner filed an amended petition entitled, “First Amended Verifie...

Excerpt: ...985) 39 Cal.3d 311, 318.) The issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court ma...

Excerpt: ...d conferred by telephone regarding Defendants' Demurrer, as required by Code of Civil Procedure section 430.41(a). (See Declaration of Wyatt Butler, ¶¶ 7-8.) Uncertainty Defendants demur to the SAC on the ground that it is uncertain. However, the Memorandum of Points and Authorities cites no legal authority and contains no argument in support of this contention. Thus, the Demurrer to the SAC on the basis of uncertainty is OVERRULED. First Cause...

Excerpt: ...ent, LLC is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-complainants' cross-claims are DISMISSED WITH PREJUDICE. Admiral's motion to strike is DENIED AS MOOT. I. Factual Background Cross-Complainants' XC expressly incorporates the allegations of Admiral's FAC, so the Court assumes all of the following to be true for purposes of this demurrer. Cross-Complainants were among the defendants in an underlying case, JPH Consulting, Inc. v. Jarvis, No. 15-00...

Excerpt: ...emands, and awarding monetary sanctions against Plaintiff in the amount of $1,108.50. • An order deeming the truth of all matters specified in Request for Admissions, Set One, served on Plaintiff, admitted, and awarding monetary sanctions against Plaintiff in the amount of $1,108.50. Subsequent to the filing of the discovery motions, Plaintiff served responses to Defendant's First Set of Form and Special Interrogatories; Inspection Demands; and...

Excerpt: ...ndividual basis, including the individual portion of her PAGA claim, as to all named defendants. 2. The case is STAYED pending completion of arbitration. 3. The request to dismiss the representative portion of Plaintiff's PAGA claims is DENIED WITHOUT PREJUDICE to being renewed when the stay is lifted. 4. An arbitration review conference will take place on May 17, 2023 at 8:30 a.m. in Department CX-104. I. Factual Background Defendants in this ma...

Excerpt: ...t: Pltfs have pled the consideration was intellectual property for shares; Pltfs provided shares but Deft did not provide the intellectual property; The 2021 Settlement Agreement is not before the Court; What Pltfs knew and when is outside the four corners of the Complaint; Overrule the Demurrer as to this cause of action; 5th cause of action for Breach of GF and FD: Deft argues the claim is based on pre-contract activity and is a duplicate of th...

Excerpt: ...g an informal resolution. (Ibid.) In exercising its discretion to grant or deny a motion, the Court should take into consideration any matter relevant to the leave requested, including the following factors: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery mo...

Excerpt: ...e court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim.” Code of Civil Procedure section 405.32 provides, “In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the claimant has not established by a preponderance of the evidence the probable validity of the real property claim.” Code of Civil Proce...

Excerpt: ... of the Subcontractor Agreement states: The SUBCONTRACTOR shall provide all labor, materials, supplies, tools, implements, equipment, scaffolding, fees, etc., necessary to perform and complete, in strict accordance with the plans and specifications above referred to, the following portion of the aforementioned original contract, including all work incident thereto . . .” Paragraph 18 of the Subcontractor Agreements states: The SUBCONTRACTOR sha...

Excerpt: ...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) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations m...

Excerpt: ...t. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District (2012) 209 Cal.App.4th 1228,...

Excerpt: ...priate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” Code of Civil Procedure §1987.1. The court, upon motion reasonably made by the party, may rule upon motions for quashing, modifying or compelling compliance with subpoenas. Lee v. Swansboro Country Property Owners Ass'n (2007) 151 Cal.App.4th 575, 582-583. The party asserting a privacy interest bears t...

Excerpt: ...f Civil Procedure section 1987.1 states, in part, “(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to b...

Excerpt: ...orizes sanctions “…sufficient to deter repetition of this conduct or comparable conduct by others similarly situated. Subject to the limitations in paragraphs (1) and (2), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney's fees and ...

Excerpt: ...22 City filed its Supplemental Brief in support of Motion (Supp Brief). On 9-6-22, CNLM filed its Supplemental Opposition to Motion (Supp Opp.). On 9-9-22, City Filed its Supplemental Reply in Support of Motion (Supp. Reply). Evidentiary Objections Objections to Declaration of Ed Pert Overruled: 1 Sustained in Part: 2 Objections to Declaration of Deborah Rogers Overruled: 1, 3, 4, 5, 6, 7 Sustained: 2 Merits Application of Public Resources Code s...

Excerpt: ...ds: “Whenever possible, labor disputes asserting unfair labor practices under the MMBA should be submitted first to PERB rather than a court. If an exception to the doctrine of exhaustion of administrative remedies is claimed, the trial court should afford due deference to PERB and issue injunctive relief only when it is clearly shown that PERB's remedy would be inadequate.” Government Code section 3509(b) reads in part, “A complaint allegi...

Excerpt: ...omplaint. [Citations.]” City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provi...