Excerpt: ...brogation of plaintiff Alliance Schools for Cooperative Insurance Program. In the alternative, Amazon.com moves for summary adjudication of seven issues, which relate to the four remaining causes of action against it. Notice of the motion was shortened to 43 days by stipulation of the parties. Plaintiff opposed the motion, and timely filed and served its opposition and responding separate statement on December 29, 2022, which was 14 days before t...

Excerpt: ...s with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Pursuant to Code of Civil Procedure, section 437c, subdivision (a): A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to th...

Excerpt: ... CCP § 418.10(a)(1) states, in relevant part, as follows: (a) defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her (emphasis added). A defendant who answers the complaint and fails to chall...

Excerpt: ...on. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency.” (Code Civ. Proc.,§ 2025.010.) “The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, e...

Excerpt: ...y 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 (2012) 209 Cal.App.4t...

Excerpt: ...�Prevailing party' includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant.” (Id. § 1032, subd. (a)(4).) Pursuant to section 1033.5, subdivision (c), “(1) Costs are allowable if incurred, whether or not paid. (2) Allowable costs shall...

Excerpt: ...putated, presumably due to diabetes. Plaintiff claims no wheelchair ramp was available at the motel and he was forced to step up a curb with his left leg, which somehow caused an injury to his left leg that resulted in amputation. Therefore, Plaintiff's complete historical treatment for diabetes is crucial to this case. On February 23, 2022, Excelsior served Special Interrogatories, Set One to Plaintiff. This set included Special Interrogatories ...

Excerpt: ...er compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. [¶] (b)(1) A motion under subdivision (a) sh...

Excerpt: ...dent's successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following: (1) The decedent's name. (2) The date and place of the decedent's death. (3) “No proceeding is now pending in California for administration of the decedent's estate.” (4) If the decedent's estate was administered, a copy of the final order showing the distribu...

Excerpt: ...per matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.) Motions to strike are used to challenge defects in the pleadings no...

Excerpt: ...ose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Pursuant to Code of Civil Procedure, section 437c, subdivision (a): A party may move for summary judgment in any action or proceeding if it is contended that the...

Excerpt: ...e to state facts sufficient to constitute a cause of action against Defendants and is uncertain and ambiguous. (CCP § 430.10(e) and (f)). · Demurer to the Fourth Cause of Action for Asking Illegal Interview Questions in Violation of FEHA for failure to state facts sufficient to constitute a cause of action against Defendants and is uncertain and ambiguous. (CCP § 430.10(e) and (f)). · Demurrer to the Sixth Cause of Action for Intentional Infl...

Excerpt: ...ornia law favors the resolution of disputes in arbitration “as a speedy and relatively inexpensive means of dispute resolution.” (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9 (Moncharsh), internal quotations omitted.) As a consequence, the grounds for challenging an arbitration aware are limited: “[I]t is the general rule that, with narrow exceptions, an arbitrator's decision cannot be reviewed for errors of fact or law.” (Id. at p. 1...

Excerpt: ...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 shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” Code of Civil Procedure section ...

Excerpt: ...receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. (3) An objection to an interrogatory is without...

Excerpt: ..., CA 92782 and (3) 319 Lodestar, Tustin, CA 92782. The Motion is otherwise DENIED. [NOTE:The court provides this tentative ruling, but is concerned about the following matters, that counsel should be prepared to discuss: 1. If the court finds that there are questions of fact as to the damages recoverable, may the court rule on the other elements of the causes of action? 2. Conspiracy isn't an independent cause of action. Liability presupposes tha...

Excerpt: ...t may be filed at any time before the court has set the first trial date. (Code Civ. Proc. § 428.50(b).) A party shall obtain leave of court to file any cross-complaint except when one is filed within the time specified in subdivision (a) or (b). (Code Civ. Proc. § 428.50(c).) Leave of court may be granted “in the interests of justice” at any time during the course of the action. (Code Civ. Proc. § 428.50(c).) A Cross-Complaint is compulso...

Excerpt: ...2) plaintiff's performance or excuse for non-performance; (3) defendant's breach; and (4) damages to plaintiff as a result of the breach.” (CDF Firefighters v. Maldonado (2008) 158 Cal. App. 4th 1226, 1239.) The SAC alleges that in February 2018, Jill agreed with Jeff and Jason that, notwithstanding the terms of the Trust, the three siblings would share equally all the property of the Trust. (SAC, ¶ 30.) As consideration, Jason agreed that he ...

Excerpt: ...licy in favor of arbitration as a relatively quick and inexpensive method for resolving disputes. To further that policy, 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 ...

Excerpt: ...) [re RFPs].) This includes orders that: “a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only to specified persons or only in a specified way.” (Code Civ. Proc., §§ 2025.420(b)(13) [depos], 2030.090(b)(6) [rogs], 2031.060(b)(5) [RFPs], 2033.080(b)(4) [RFAs].) Any motion for protective order “shall be” accompanied by a meet and confer declaration under Section 2016.0...

Excerpt: ...” (Id.) The Court assumes “the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) “As a general rule in testing a pleading against a demurrer the facts alleged in...

Excerpt: ...ws of this state, a court rule, or an order of the court.” The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.) Motions to strike are used to challenge defects in the pleadings not subject to demurrer. (Ferraro v. Kamerlingh (2008) 161 Cal.App.4th 509, 529 [recognizing that an objection that the complaint ...

Excerpt: ...PS in dispute. Page two of Plaintiff's memorandum states, “Plaintiff requests the Court to order Defendant to comply with this Court's December Order by providing full, complete, and truthful code-complaint non evasive responses to RFP Nos. 5, 9, 13, 14, and 30-31 and producing all responsive documents without objections.” (Motion, p. 2:12.) However, Plaintiff's separate statement of discovery in dispute encompasses additional RFPs including ...

Excerpt: ... of Civil Procedure section 2030.300 provides in pertinent part: “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specificat...

Excerpt: ...is or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to the cause o...