Excerpt: ...roversy 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 the revocation of the agreement. ¶ (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there ...

Excerpt: ...support of or in opposition to the motion. Objections to specific evidence must be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion, but the objections must not be restated or reargued in the separate statement. Each written objection must be numbered consecutively and must: [¶] (1) Identify the name of the document in which the specific material objected to is located; [¶] (2) St...

Excerpt: ...tion in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. … [¶] … [¶]  (b) The issue of the good faith of a settlement may be determine...

Excerpt: ...udicial 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 the pleading are deemed to be true, however improbable they may be,” unless the “complaint contains allegations of fact inconsistent with attached documents, or allegatio...

Excerpt: ... due on or before April 7, 2020, but Defendants requested and Plaintiff granted an extension of time to respond until April 30, 2020. (Pittaluga Dec. ¶ 6.) Defendants did not respond to any of said written discovery by the time the discovery motions were filed on May 27, 2020. (Id.) “If a party to whom interrogatories are directed fails to serve a timely response . . . [the party] waives any right to exercise the option to produce writings . ....

Excerpt: ...ach, for Plaintiff to ask the questions at issue in this Motion, and any follow-up questions as necessary within the scope of the Court's November 21, 2019 Order as discussed in this ruling. IT IS FURTHER ORDERED THAT Defendants' counsel shall only instruct the witnesses not to answer on the basis of an applicable privilege and not based on any other objection. Plaintiff's Motion for Order Appointing Discovery Referee is DENIED. Plaintiff's Reque...

Excerpt: ...r her job, and (3) was subjected to adverse employment action because of the disability. [Citation.] Once the employee establishes his or her prima facie case, ‘the burden then shifts to the employer to offer a legitimate, nondiscriminatory reason for the adverse employment action.' [Citation.] The employee may still defeat the employer's showing with evidence that the stated reason is pretextual, the employer acted with discriminatory animus, ...

Excerpt: ...at 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 adjudication as to one or more causes of action within an action, one or more af...

Excerpt: ...ry injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary injunction shall be granted without notice to the opposing party.” Code of Civil Procedure section 526(a) provides, “(a) An injunction may be granted in the following cases: (1) When it appears by the c...

Excerpt: ...dants demur to the first cause of action on the grounds that it is barred by the 5-year statute of limitations. A claim to recover real property is governed by the Code of Civil Procedure Sections 318 and 321. Section 318 states: “No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the...

Excerpt: ...he party.” (CCP § 128.7(a).) “An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.” (Id.) By their signature, “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 n...

Excerpt: ...uling. STANDARD OF LAW Special interrogatory responses shall contain: (1) an answer containing the information sought to be discovered; (2) an exercise of the party's option to produce writings; and/or (3) an objection to the particular interrogatory. (CCP § 2030.210(a).) “Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” (CCP § 203...

Excerpt: ...dence supported the administrative decision.” (Hildebrand v. Department of Motor Vehicles (2007) 152 Cal.App.4th 1562, 1567-1568 (Hildebrand).) “If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is not supported by the evidence in the record, the court may order the department to resc...

Excerpt: ...a disposition of cases on the merits. (Juarez v. Wash Depot Holdings, Inc. (2018) 24 Cal.App.5th 1197, 1202.) The Court GRANTS Defendants' Request for Judicial Notice in its entirety. The Court OVERRULES Defendants' objections to Nos. 1, 2, 3, 4, 5, 6, 7. Code of Civil Procedure section 425.16, subdivision (b), states, in part, “(1) A cause of action against a person arising from any act of that person in furtherance of the person's right of ...

Excerpt: ...g objections. Code of Civil Procedure section 410.10, states, “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” Code of Civil Procedure section 418.10, subdivision (a)(1), provides, “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 moti...

Excerpt: ...rder 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) ...

Excerpt: ...oodward-Clyde & Assocs. (1984) 38 Cal.3d 488, 499.) In making such a determination, the court considers the following factors: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs; (4) the recognition that a settlor should pay less in settlement than he would if he were found liable after a trial; (5) the fin...

Excerpt: ...City's negotiations to purchase real property near Petitioner's property which is owned by a third party, the Kinstler Family Trust, and was formerly the site of a Stein Mart (“Kinstler Property”). Petitioner's request for judicial notice of City Council meeting minutes, agendas, and official video recordings is granted under Evidence Code section 452. Petitioner's objections to Respondent's evidence are overruled. First COA for Violation of ...

Excerpt: ... served responses on 12-14-21. Defendants further contend that the Metadata of the PDF only indicates the date the PDF was created, meaning the electronic file. Defendants indicate the documents were scanned on 12-23-21. Defendants also provided an email showing that responses were sent from Defendants' counsel to Defendants on 12- 14-21. Based on the foregoing, Defendants have provided sufficient evidence that their responses were timely served....

Excerpt: ...bitration Provision)” on May 21, 2016 (“RISC”) with Courtesy Chrysler Dodge Jeep Ram in San Juan Capistrano (“Courtesy”) for the purchase of a 2019 Jeep Cherokee VIN: 11C4PJLDN6KD325993 (“Subject Vehicle”). (Burkard Decl. ¶2, Ex. A.) Neither defendant FCA not defendant Coastline is a signatory to the RISC. FCA manufactured and distributed the Subject Vehicle and Coastline repaired the Subject Vehicle. (Motion, 6:21-23.) Federal Arb...

Excerpt: ...mplete, an exercise of the option to produce documents under Code of Civil Procedure section 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. (Code Civ. Proc. § 2030.300(a).) Answers to interrogatories are to be “as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Pro...

Excerpt: ...n (p)(2) provides, “A defendant . . . has met his or her burden of showing that a cause of action has no merit if that 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 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 e...

Excerpt: ...tion of the subject of the cause of action alleged in the complaint. ¶(ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Generally, the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999, 79 CR2d 544, 546 (citing text); Southern Calif. Edison Co. v. City of Victorville (2013) 217 CA4th 218, 227; Templo v. State of Calif. (2018) 24 Cal.App.5th...

Excerpt: ...12.4, 12.5, 12.6, 12.7, 14.1, and 14.2, is GRANTED. Code Civ. Proc. § 2030.210 states: “(a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following: ¶ (1) An answer containing the information sought to be discovered. ¶ (2) An exercise of the party's option to produce writings. ¶ (3) An objection to the particular interrogatory.” Each answer in the ...

Excerpt: ...ides: “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 bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.” (Emphasis supplied.) The Court considered denying the Motion based on this noncompliance. Code of Civil Procedure sec...