Excerpt: ...ment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; [¶] (2) State what allegations in the previous previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and [¶] (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the...

Excerpt: ...ney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. . . Reasonable attorney's fees shall be fixed by the court, and shall be an element of the ...

Excerpt: ...ties shall also provide redline copies of the revised notice and proposed order. A judgment in a PAGA action “binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Thus, “PAGA settlements are subject to trial court review and approval, “to determine whether it is fair, reasonable, and adequate in view of PAGA'...

Excerpt: ... claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.” (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4 th 1004, 1021 [internal quotations and citations omitted].) These elements are typically referred to as: (1) ascertainability; (2) numerosity; (3) commonality; (4) typicality; (5) adequacy; and (6) superiority. (See e.g. Capitol People First v. State Dept. of Developmental S...

Excerpt: ...Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850; Code Civ. Proc. § 437c, subd. (p)(1).) “Once the plaintiff ... has met that burden, the burden shifts to the defendant ... to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant ... may not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, inst...

Excerpt: ...ort the position of the party in question.” (Id., at p. 851.) The parties must set forth admissible evidence. (Code Civ. Proc., § 437c(d).) A plaintiff moving for summary judgment satisfies his or her initial burden by showing that each element of the cause of action in question has been “proved,” and hence that there is no defense thereto. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850; Weil & Brown, Cal. Practice Guide: Ci...

Excerpt: ... that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this initial burden, the plaintiff ne...

Excerpt: ...espondent court is hereby ordered to: (1) Set aside and vacate the order entered on July 20, 2021, denying petitioner's discovery motion for peace officer personnel records, and enter a new order granting petitioner's discovery motion in the following categories: (a) Request to the City of Westminster Number 1, excluding any records pertaining to discrimination; (b) Request to the City of Westminster Number 3; (c) Request to the County of Los Ang...

Excerpt: ...the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof i...

Excerpt: ...iciency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been all...

Excerpt: ...hallenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complaint, a court will not consider...

Excerpt: ...se of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part, “A party may move for summary adjudi...

Excerpt: ...ch, 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.4th 1228, 1238, provides, “This rule of liberal construction means that the re...

Excerpt: ...e answer to a complaint shall contain: [¶] (1) The general or specific denial of the material allegations of the complaint controverted by the defendant. [¶] (2) A statement of any new matter constituting a defense.” Code of Civil Procedure section 430.20, provides, ““A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: [¶] (a) Th...

Excerpt: ...intiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of ma...

Excerpt: ...ng 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 the ...

Excerpt: ...r Judicial Notice (RJN) filed on 5-17-22: The court GRANTS the RJN as to the existence of Exhibit A, but not as to the truth of the matters asserted. (Evid. Code, § 452, subd. (d), and Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) The court GRANTS the RJN as to Exhibit B. (Evid. Code, § 452, subd. (d).) Code of Civil Procedure section 437c, subdivision (p)(2) provides, “A defendant . . . has met his or her burden of showing that a ...

Excerpt: ...2 pages at $7.00 per page. (Compl., ¶ 12.) Plaintiff disputes Defendant's charge of $7.00 per page as excessive and exorbitant. (Compl., ¶¶ 22, 48.) He also claims the additional administrative fee of $70.00, UPS shipping charges totaling $40.00, and an additional two hour rate totaling $150.00 were not disclosed before contracting and are unenforceable. (Compl., ¶ 19.) Request for Production No. 6 This request asks for all invoices Defendant...

Excerpt: ...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: [¶] (1) the motio...

Excerpt: ... Judicial Notice filed o 5-2-22 under ROA No. 56. Plaintiff's Request for Judicial Notice (PRJN1) filed on 5-2-22 under ROA No. 66: The court GRANTS PRJN1 as to Exhibits B, C, and D pursuant to Evidence Code 452, subdivision (d). The court does not take judicial notice of the truth of the matters asserted in Exhibit D. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) The court notes that Exhibit A is not attached to PRJN 1. Plaintiff's R...

Excerpt: ... used by Defendant's technicians. This would include, for example, repairs for things such as flat tires, broken tail lights, or windows that won't go up/down, none of which are related to the specific issues which Plaintiff sought to be repaired on his Vehicle. The definition of “TRANSMISSION DEFECT” also contains “include, but not limited to,” which explicitly does not limit the defects as to those allegedly suffered by the Vehicle. Pla...

Excerpt: ...the matters on which examination is requested, and the deponent must designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent. (Code Civ. Proc. § 2025.230.) Code of Civil Procedure Section 2025.480 provides, in part: “(a) If a deponent fails to ...

Excerpt: ... itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable.” (Mitri v. Arnel Management Co. (2007) 157 Cal.App.4th 1164, 1169) (emphasis in original.) Here, Plaintiff does not dispute that she signed the “Self-Service Storage Rental Agreement” (“the Agreement”) which contains the arbitration provision at issue. Rather, she contends that because the Agreement was signed...

Excerpt: ...” (Id.) "Under the primary assumption of risk doctrine, a person does not owe a duty to protect others from risks inherent in certain recreational activities.” Id., citing Knight v. Jewett (1992) 3 Cal.4 th 296, 315-317. “Where the doctrine applies to a recreational activity, operators, instructors and participants in the activity owe other participants only the duty not to act so as to increase the risk of injury over that inherent in the ...

Excerpt: ...nts out Defendants' documents in opposition were filed one day late. However, the Court will exercise its discretion to consider the opposition documents. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of per...