Excerpt: ...rds and time sheets. Request no. 4 seeks documents relating to business related travel expenses and/or mileage reimbursements to Andrade. Code of Civil Procedure section 2031.210(a) states: “(a) The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) A statement that the party will comply with the particular demand for inspe...

Excerpt: ... moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record. A proof of service must be filed with the court clerk at least 5 court day...

Excerpt: ...(ROA 66) because they are not in the form required by CRC, Rule 3.1354. Rather than object to specific evidence, Defendant offers objections to each of Plaintiff's responses to the Undisputed Material Facts. (See Hodjat v. State Farm Mut. Auto. Ins. Co. (2012) 211 Cal.App.4th 1, 8, finding the trial court did not abuse its discretion when it refused to rule on objections which did not comply with CRC 3.1354). Defendant's “Undisputed” Material...

Excerpt: ...or he has suffered only economic losses.” (Robinson Helicopter, Co., Inc. v. Dana Corp. (2004) 34 Cal. 4th 979, 988 [internal quotations and citations omitted].) Economic loss consists of “damages for inadequate value, costs of repair and replacement of the defective product or consequent loss of profits – without any claim of personal injury or damages to other property ....” (Id. [internal quotations and citations omitted].) “The econ...

Excerpt: ...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 must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2...

Excerpt: ...nses to those requests within 15 days of this order. The motion is DENIED as to RFAs 10-14, 34 and 36. Both parties' requests for sanctions are DENIED. As a preliminary matter, the Court notes that Plaintiff's separate statement fails to comply with CRC, Rule 3.1345(c). The RFAs responses in question each incorporate Defendant's response to RFA 1. Plaintiff did not include that response in the separate statement. Rule 3.1345(c) requires that the ...

Excerpt: ...t to a subpoena served on February 19, 2021. Bowermaster moves pursuant to Code of Civil Procedure section 1987.1 and 2025.480. Code of 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 reasonab...

Excerpt: ...d access. (Id. at ¶ 5.) The easement has been subject to litigation between Defendant Yee and the prior property owners, resulting in Stipulated Judgments in 2003 and 2013. (Id. at ¶¶ 5-9.) After learning of the prior stipulated judgments, Plaintiff approached Defendant in an attempt to avoid any litigation related to the easement. (Complaint ¶ 10.) Defendant responded by stating, through counsel, a number of objections to the proposed housin...

Excerpt: ...r proof of service in the future or risk the motion being denied for lack of proper service. In this instance, an Opposition was filed. Thus, the Court will address the merits. Plaintiff's Reply was filed 3 court days late. The Court will consider the Reply in its discretion. Moreover, both parties failed to comply with California Rules of Court, Rule 3.1110(f)(4), which provides: “Electronic exhibits must meet the requirements in rule 2.256(b)...

Excerpt: ... Objections to Plaintiff's Expert's Declaration Nos. 1, 2, 4, 5, and 6, are SUSTAINED and Nos. 3 and 7 are OVERRULED. Plaintiff failed to comply with California Rules of Court, Rule 3.1110(f)(4), which provides: “Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmar...

Excerpt: ...dge of falsity (or “scienter”); (c) intent to defraud, i.e. to induce reliance; (d) justifiable reliance; and (e) resulting damage.” ' ” (Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal. 4th 951, 974.) “In California, fraud must be pled specifically; general and conclusory allegations do not suffice.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.) “This particularity requirement necessitates pleading facts which show how,...

Excerpt: ...e a cause of action. Cross-Defendant's counsel filed a declaration attempting to show compliance with Code Civ. Proc. § 430.41. (Declaration of Neil M. Katsuyama.) Code Civ. Proc. § 430.41 states: “(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be ...

Excerpt: ...as met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff 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.” Code of Civil Proce...

Excerpt: ...e paragraph and must state whether it applies to the entire complaint, cross- complaint, or answer, or to specified causes of action or defenses.” Rule 3.1320(c) provides, “A party filing a demurrer must serve and file therewith a notice of hearing that must specify a hearing date in accordance with the provisions of Code of Civil Procedure section 1005 and, if service is by electronic means, in accordance with the requirements of Code of Civ...

Excerpt: ...arbitrate the instant action is CONTINUED to September 10, 2021. At the prior hearing, the Court requested additional briefing on the issue of whether the failure to comply with the requirements of Code of Civil Procedure section 1295 in the subject Arbitration Agreement renders it unenforceable. Although both parties have provided supplemental briefing as requested by the court, neither party has addressed Hedges v. Carrigan (2004) 117 Cal.App.4...

Excerpt: ...s now moot. The Court considers the late Opposition. Special Interrogatory No. 51 states: “Please list all Technical Service Bulletins applicable to the SUBJECT VEHICLE, including previously issued technical service bulletins that have been superseded.” In response, Defendant relies on Code of Civil Procedure § 2030.230 and identifies documents from which a response may be ascertained. Plaintiff does not explain in the moving papers or Separ...

Excerpt: ... Regional Center of Orange County (“RCOC”) to provide caregiver staff for an adult day care program at Integrity House. Integrity House is operated by Defendant Alliance of Abilities (“Alliance”), which provides day program services under contract with RCOC. Alliance did not directly employ Plaintiff at Integrity House, where she was assigned to work for about two years. Rather, Plaintiff's employer was Maxim, which paid her and provided ...

Excerpt: ...' leave to amend. A demurrer can only be used to challenge defects that appear on the face of the pleading or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) No other extrinsic evidence can be considered. (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.) “The California Supreme Court has consistently held that a plaintiff is required only to set forth the essential facts ...

Excerpt: ...ended complaint identifying Advance OC as Doe 2. Plaintiff's application was granted on 4/22/21 and the SAC was filed on 5/5/21. Defendant contends that Plaintiff did not comply with Civil Procedure section 474 by serving Defendant with a notice that it was being served as a fictitious defendant. However, this defect does not appear on the face of the pleading and can be remedied by Plaintiff. Plaintiff fails to allege that Advance OC caused or c...

Excerpt: ...Corp 6. Motion to Compel Response to Requests for Admissions filed by Plaintiff Balboa Capital Corp 7. Motion to Compel Production filed by Plaintiff Balboa Capital Corp 8. Motion to Compel Production filed by Plaintiff Balboa Capital Corp MOTION NO. 1 Balboa Capital Corporation's motion to compel defendant Maman L. Ali, an individual, to provide further verified responses to Balboa's Form Interrogatories, Set No. One, is GRANTED. Code of Civil P...

Excerpt: ...ong-Beverly Consumer Warranty Act – Breach of Express & Implied Warranty” against the manufacturer, Hyundai Motor America. The dealer, Westlake Imports, is not a party to this action. Defendant contends this case is subject to arbitration based on the following language from the Retail Installment Sale Contract (“Contract”) between Plaintiff and the third-party dealer: “ARBITRATION PROVISION PLEASE REVIEW – AFFECTS YOUR LEGAL RIGHTS 1...

Excerpt: ...ate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: ¶ (a) The right to compel arbitration has been waived by the petitioner; or ¶ (b) Grounds exist for rescission of the agreement. ¶ (c) A party to the arbitration agreement ...

Excerpt: ...f. A party seeking leave to amend a pleading already at issue must seek leave of court by way of noticed motion.  CCP §473(a)(1).  The moving party must include the proposed amended pleading with the moving papers and specify, by page, paragraph and line number, the allegations proposed to be deleted and added.  In addition, the moving party must file a separate declaration which specifies: “(1) the effect of the amendment; (2) why the a...

Excerpt: ...laims alleged against PPII and addressed in the parties' papers. 1st cause of action for Conversion. “Conversion is the wrongful exercise of dominion over the property of another. The elements of a conversion claim are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or disposition of property rights; and (3) damages. Conversion is a strict liability tort. The foundation of ...

Excerpt: ...les Wortham, by and through his Successor in Interest, Rose Wortham to arbitrate the instant action pursuant to the Arbitration Agreement executed on June 8, 2020 is DENIED. Code of Civil Procedure section 1295 applies to contracts for medical services which contain a provision for arbitration of any dispute as to professional negligence of a health care provider. Specifically, subdivision (b) of section 1295 requires that:“Immediately before t...