Excerpt: ... new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were, and what new or different facts, circumstances, or law are claimed to be shown." New York Times Co. v. Superior Court (2...

Excerpt: ...4-5, 7 Sustained in Part: 6 Sustained: 3, 8 Objections to Declaration of Karla Kroesch Overruled: 2, 6 Sustained in Part: 1 Sustained: 3, 4-5, 7 Objections to Declaration of Lnri Morgan Overruled: 2, 6 Sustained in Part: 1, 4 Sustained Objections Overruled: Sustained: Objections Overruled: .3,57 Declaration of Laurie Goshe 1, 3-4, 7-8 2, 5-6 Declaration of Robert LaFont 1, 2, 8-9, 11-12, 14-15 to to Sustained in Part: 3, 7, 10, 13 Sustained: 4-6,...

Excerpt: ...g for a permissive intervention. A nonparty has a right under Code of Civil Procedure section 387, subdivision (b) to intervene in a pending action "if the person seeking intervention claims an interest relating to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that person's ability to protect that interest, unless that per...

Excerpt: ...ted exceptions applies. Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the possibility of conflicting rulings on common factual or legal issues." (Code of Civ. Proc., 5 1281.2; Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 967.) Similarly, public policy under federal law fa...

Excerpt: ...er is obeyed; (3) dismissing that party's action, or any part thereof; or (4) entering default judgment against that party. (ld., 5 2023.030, subd. (d).) Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992, explains, "The trial court has broad discretion in selecting discovery sanctions, subject to reversal only for abuse. [Citations.] The trial court should consider both the conduct being sanctioned and its effect on the party seeking...

Excerpt: ...ode of Civil Procedure, section 1281.2 requires a trial court to enforce a written arbitration agreement unless one of three limited exceptions applies. Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the possibility of conflicting rulings on common factual or legal issues." (Code of Civ. Proc., S 128...

Excerpt: ...reasons stated, then be presented, the court shall deny the motion, or order a continuance to permit affidavits to be obtained or discovery to be had or may make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due." Here, Defendants provided the following "Material Undisputed Facts" in...

Excerpt: ...vil Code section 1791.1, subdivision (c), provides, "The duration of the implied warranty of merchantability and where present the implied warranty of fitness shall be coextensive in duration with an express warranty which accompanies the consumer goods, provided the duration of the express warranty is reasonable; but in no event shall such implied warranty have a duration of less than 60 days nor more than one year following the sale of new cons...

Excerpt: ... Code of Civil Procedure, section 1281.2 requires a trial court to enforce a written arbitration agreement unless one of three limited exceptions applies. Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the possibility of conflicting rulings on common factual or legal issues.” (Code of Civ. Proc., �...

Excerpt: ...Civil Code section 1791.1, subdivision (c), provides, “The duration of the implied warranty of merchantability and where present the implied warranty of fitness shall be coextensive in duration with an express warranty which accompanies the consumer goods, provided the duration of the express warranty is reasonable; but in no event shall such implied warranty have a duration of less than 60 days nor more than one year following the sale of new ...

Excerpt: ...nd 22. Request for Judicial Notice The Mendezes' request for judicial notice of prior filings in this case is granted as to Exhibits 1, 2, 4, 5, 9, 10, 11, 13, 14, 16, 17, 18, 19. (Cal. Evid. Code § 452(d).) Courts “may properly take judicial notice of a party's earlier pleadings and positions as well as established facts from both the same case and other cases.” (Cantu v. Resolution Tr. Corp. (1992) 4 Cal. App. 4th 857, 877.) The Court does...

Excerpt: ...allow an answer to be made after the time limited by this code. Code of Civil Procedure section 576 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 pro...

Excerpt: ...en above, the burden shifts to the opposing party to produce admissible evidence showing a triable issue of fact exists. (Code Civ. Proc. § 437c(p)(2); Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 72.) The court reviewing a motion for summary judgment must “view the evidence in the light most favorable to the opposing party and accept all inferences reasonably drawn therefrom.” (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 3...

Excerpt: ...personal service is relied upon but has not in fact taken place.” (Slaughter v. Legal Process & Courier Service (1984) 162 Cal.App.3d 1236, 1251.) “The filing of a proof of service creates a rebuttable presumption that the service was proper.” (Floveyor Int'l, Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 795.) On 6-15-22, Plaintiff filed Proofs of Service (POS) indicating that the Choi Defendants were served as follows: · Young Joo Ch...

Excerpt: ... Code of Civil Procedure section 425.16(g) provides that after an anti-SLAPP motion is filed, “All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this su...

Excerpt: ...n 12/1/22, is granted as to Exhibit A. Cross-Complainants' request for judicial notice, filed on 12/23/22, is also granted as to the Huntington Beach City Ordinances attached as Exhibits A, B, and C. Legal Standard “[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...

Excerpt: ...e is devoid of any such alternative motion. Rather, the notice of motion states that defendant Circle K Stores, Inc. “will, and hereby does move for summary judgment in Defendant's favor and against Plaintiff Mendy Nichols.” (Notice of motion, 1:4-5.) It then states that the motion is made under Code Civ. Proc. § 437c “on the ground that there is no triable issue as to any material fact and Circle K is therefore entitled to summary judgmen...

Excerpt: ...p. 16, ¶ 3) is DENIED. Defendants' Motion to Strike Plaintiffs' prayer for pre-judgment interest in its entirety (FAC, p. 16 ¶ 4) is GRANTED. The court notes that it has not considered the declaration of Defendants' counsel Crystal Rorabaugh except for statements/documents regarding meet and confer efforts, as they constitute extrinsic evidence which is not properly considered on demurrer. A demurrer can be used only to challenge defects that a...

Excerpt: ... 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) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452...

Excerpt: ...e or more issues of duty, if the party contends that the cause of action has not merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication...

Excerpt: ...en above, the burden shifts to the opposing party to produce admissible evidence showing a triable issue of fact exists. (Code Civ. Proc. § 437c(p)(2); Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 72.) The court reviewing a motion for summary judgment must “view the evidence in the light most favorable to the opposing party and accept all inferences reasonably drawn therefrom.” (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 3...

Excerpt: ...th prospective economic advantage, libel and slander. Civ. Proc. Code § 430.10(f) - Uncertainty Code Civ. Proc. § 430.10 (f) provides a defendant may object to a pleading by demurrer when “[t]he pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond—i.e., he or she cann...

Excerpt: ...lleged 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 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 1...

Excerpt: ... be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that inferior tribunal, corporation, board, or person.” Santa Clara Cnty. C...

Excerpt: ...t should be resolved in favor of the application, to the end of securing to a litigant his day in court and a trial upon the merits.” (Frank E. Beckett Co. v. Bobbitt (1960) 180 Cal.App.2d Supp. 921, 928.) Section 473, subdivision (b) provides for two distinct types of relief—commonly differentiated as “discretionary” and “mandatory”—from certain prior actions or proceedings in the trial court. (Luri v. Greenwald (2003) 107 Cal.App....