Excerpt: ... papers were timely filed on July 27, 2022, and Plaintiffs have timely filed and served a reply on merits, which does not raise any service issue such that the opposing papers appear to have been served and no prejudice appears. “A basic principle of motion practice is that the moving party must specify for the court and the opposing party the grounds upon which that party seeks relief. (Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1125.) Cal...

Excerpt: ...to meet and confer with counsel for the Kwahk Defendants prior to filing this Motion because their counsel did not respond to his requests. The Court will consider the Motion now but admonishes counsel and Plaintiff that further failure to meet and confer in good faith as required may result in a motion being taken off calendar or denied, as appropriate. The Court notes there have been numerous disputes in this case in a relatively short amount o...

Excerpt: ...) from: trespassing and/or entering into and onto the Arevalo Property; directing any lights or lighting whatsoever towards the Arevalo Property; playing any music and/or other noises directed towards the Arevalo Property; installing, operating, and/or maintaining cameras pointed in the direction of the Arevalo Property; recording, streaming, and/or videotaping any person or thing in the direction of, in, or on the Arevalo Property; storing, lean...

Excerpt: ...f. Code of Civil Procedure, section 128.7, and can exercise its discretion. (See Code Civ. Proc. § 128.7, subd. (c); Kojababian v. Genuine Home Loans, Inc. (2009) 174 Cal.App.4th 408, 421.) “Frivolous” means either: (i) “totally and completely without merit”; or (ii) “for the sole purpose of harassing an opposing party.” (Code Civ. Proc., § 128.5(b)(2).) An objective standard applies in determining whether a pleading is frivolous: �...

Excerpt: ... proposed amendments opens up an entirely new field of inquiry without any satisfactory explanation as to why the major change in point of attack had not been made long before trial. (Estate of Murphy v. Gulf Ins. Co. (1978) 82 Cal.App.3d 304, 311.) CA ST CIVIL RULES Rule 3.1324(b) A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts g...

Excerpt: ...ted. [Citation.] When deciding whether to grant summary judgment, the court must consider all of the evidence set forth in the papers (except evidence to which the court has sustained an objection), as well as all reasonable inferences that may be drawn from that evidence, in the light most favorable to the party opposing summary judgment. [Citations.] Both the standard of care and defendants' breach must normally be established by expert testimo...

Excerpt: ..., it appears Plaintiffs are seeking a mandatory injunction, which does not appear warranted here. First, Plaintiff has not adequately stated irreparable harm. Plaintiff is still permitted to build on its own property, regardless of whether or not an easement currently exists. Further, it is unclear whether Defendants actually object to permitting access for ingress and egress to Plaintiff's property, or to Plaintiff's desire to use the Easement f...

Excerpt: ...ce as to Exhibits A and B is DENIED, as those Exhibits are not relevant to the determination of the issues raised here. (State Compensation Ins. Fund v. ReadyLink Healthcare, Inc. (2020) 50 Cal.App.5th 422, 442-443.) The Petition alleges three causes of action: (1) relief pursuant to Government Code section 54960.1 [cure and correct]; (2) relief pursuant to Government Code section 54960 and Code of Civil Procedure section 1060 [declaratory relief...

Excerpt: ...wn on March 7, 2022”: 1) Christy Han, Stratman & Williams-Abrego at e-mail address “[email protected]. 2) Carrie Heieck at Tinnelly Law Group by fax at 949-588-5993 3) Jerome Steinbrecher by U.S. Mail at 1333 W. Birchwood Ave. #203 Chicago, IL 60626 The moving papers must be served on all parties who have appeared in the action, whether or not the motion seeks relief against them. (Weil & Brown, Cal. Practice Guide: Civ. Proc. ...

Excerpt: ...ngible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” Defendants moves to compel answers to 12 questions. Plaintiff's counsel instructed Plaintiff not to answer Questions 1-11 based on an assertion of attorney-client privilege, and Question 12 based on an assertion of third-party privacy. Qu...

Excerpt: ...rive, Dana Point, California 92629 (the “Property”). Plaintiff alleges she and her husband purchased the Property with Defendants as an investment with each party owning a one-quarter interest. Plaintiff alleges the parties entered into an oral agreement in 1992 whereby Plaintiff and her husband would be removed from the title to facilitate a refinance on the Property, after which time Defendants would transfer Plaintiff and her husband back ...

Excerpt: ...tion, which was taken on September 13, 2021; (2) compelling production of documents from Underwood over the objections of Plaintiffs and their counsel at least seven days before the second session of Underwood's deposition is to take place; and (3) compelling production of a privilege log setting forth sufficient factual information for the Soderling Defendants to evaluate the merits of any privilege asserted blocking production of any otherwise ...

Excerpt: ...ED as follows. Moving Party is to give notice. Defendant/Cross-Complainant Noman R. Khan (aka Norman Khan) (“Defendant”) seeks an order compelling Plaintiff Shazia Khanum (“Plaintiff”) to provide further responses to: (1) Form Interrogatories, Set No. One (“Form Rogs”); and (2) Request for Production of Documents, Set No. One (“RFPs”). Code of Civil Procedure sections 2030.300 and 2031.310 allow a party to file a motion compelling...

Excerpt: ...leted. The Court declines to consider all new points, arguments, and evidence presented for the first time on reply. (See Balboa Ins. Co. v. Aguirre (1983) 149 Cal.App.3d 1002, 1010; Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) The Court also notes the reply violates California Rules of Court, Rule 3.1113(d), which limits the length of a reply to 10 pages. The Court reminds counsel to comply with all applicable statutes and rules and ...

Excerpt: ...and Ridgeway Development Company, Ltd. (the “Soderling Defendants”) oppose the motion. Soderling Defendants' Evidentiary Objections: The Court OVERRULES the evidentiary objections to sentences in the motion. The Court SUSTAINS the objection to the Declaration of Daniel Joslyn (“Joslyn Declaration”) for failure to comply with Code of Civil Procedure section 2015.5, and lack of personal knowledge. The failure to comply with section 2015.5 i...

Excerpt: ... occupied, or controlled the property; 2) the Defendant was negligent in the use or maintenance of the property; 3) the Plaintiff was harmed; and 4) the Defendant's negligence was a substantial factor in causing harm to Plaintiff. (CACI No. 1000.) A defendant is negligent in the use or maintenance of the property if: 1) A condition on the property created an unreasonable risk of harm; 2) the Defendant knew or, through the exercise of reasonable c...

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: ...h 53, 63.) “Malice” is defined as conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (Civ. Code, § 3294(c)(1).) “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. (Civ. Code, § 3294(c)(2)...

Excerpt: ...rike against Plaintiff's First Amended Complaint pursuant to Code of Civil Procedure section 425.16 (the “anti-SLAPP motion”). (ROA 30.) On April 12, 2022, this Court granted the anti-SLAPP motion as to the additional peer review allegation only and gave Plaintiff 10 days leave to amend. (ROA 124.) Defendants have appealed that April 12, 2022 order. (ROA 126.) Defendants contend that their appeal places an automatic stay of this action while ...

Excerpt: ...tiffs' Complaint Arises Out of Protected Activity. Defendant seeks to strike Plaintiffs' Complaint on the grounds the action is based on protected speech under Code of Civil Procedure Section 425.16(e)(3) or (4) – “statements made in a place open to the public or a public forum in connection with an issue of public interest” and/or “speech in connection with a public issue or an issue of public interest.” Here, the Complaint filed again...

Excerpt: ...r service of a written notice that default judgment has been entered, whichever is earlier. Here, under either section 473, subdivision (b) or 473.5, the motion is untimely. Nonetheless, defendant argues service of summons was never valid, therefore, the time limitations do not apply. “[A] default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. … Under section 473, subdivisio...

Excerpt: ...h of that duty; (3) a proximate causal connection between negligent conduct and resulting injury; and (4) actual loss or damage resulting from professional's negligence. (Avivi v. Centro Medico Urgente Med. Ctr. (2008) 159 Cal.App.4th 463.) A defendant moving for summary judgment bears an initial burden of producing admissible evidence sufficient to show that the plaintiff's action has no merit, i.e., that, as to each cause of action, one or more...

Excerpt: ...(a).) “Actions or tactics” include, without limitation, “the filing and service of a complaint.” (Code Civ. Proc., § 128.5(b)(1).) The “action or tactic” is “frivolous” within the meaning of the statute, if it is “totally and completely without merit or for the sole purpose of harassing an opposing party.” (Code Civ. Proc., § 128.5(b)(2).) A “subjective” standard for bad faith applies to a motion under this section, (as ...

Excerpt: ...ther to issue a preliminary injunction, a court must consider two factors: (1) the likelihood the moving party ultimately will prevail on the merits, and (2) the balance of the interim harm that the moving party is likely to sustain if the injunction is denied and the harm to the opposing party is likely to suffer if the injunction is granted. (White, supra, at p. 554; Teamster Local 856 v. Priceless, LLC, (2003) 112 Cal. App.4th 1500, 1509.) “...

Excerpt: ...declaration under Section 2016.040. [¶] The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: [¶] (1) That the deposition not be taken at all.” (Code Civ. Proc., § 202...