Excerpt: ...s are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with S...

Excerpt: ... party has met its initial burden of proof. Thatcher v. Lucky Stores, Inc. (2000) 79 CA4th 1081, 1085- 1086. These MSJ are essentially identical with the exception of the specifically named defendant and minor fact differences. Defendants have also admitted by way of failure to respond to sets one of Requests for Admission, that they are alter egos of one another. Boss Decls., Exs. C and E. As such, this ruling applies equally to both of the MSJs...

Excerpt: ...n the merits.” “The trial court's discretion in ruling on a motion to withdraw ... must be exercised in conformity with the spirit of the law and in a manner that serves the interests of justice. Because the law strongly favors trial and disposition on the merits, any doubts in applying section 2033.300 must be resolved in favor of the party seeking relief.” (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420.) On the ...

Excerpt: ...d and response were at issue. (C.R.C. 3.1345(b)(1).) And although the discovery cut-off is now imminent, that is due at least in part to Plaintiff's complete refusal to appear for the subject IMEs. The Court will thus schedule an imminent date for each, but will consider a brief trial continuance if necessary to allow for same. On the merits, MPs are correct that they at least arguably can each demand a separate IME under C.C.P. § 2032.220. But ...

Excerpt: ...Court has no jurisdiction to hold out-of-state residents in contempt of court or issue other sanctions. Such must be pursued in the witnesses' resident states under their own law. True, there are published cases in which disputes between the parties regarding out of state depositions were litigated in the California action. See International Ins. Co. v. Montrose Chemical Corp. (1991) 231 Cal.App.3d 1367, 1370, 1371 (compelling documents held by p...

Excerpt: ...in error, if in fact the order made was that intended to be made.... ‘The function of a nunc pro tunc order is merely to correct the record of the judgment and not to alter the judgment actually rendered—not to make an order now for then, but to enter now for then an order previously made. The question presented to the court on a hearing of a motion for a nunc pro tunc order is: What order was in fact made at the time by the trial judge?' ”...

Excerpt: ... § 473(a)(1) provides that “[t]he court may . . . in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .” (See also, C.C.P. § 576.) A court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) The policy favoring amendment is so strong that it is a rare case in which d...

Excerpt: ...: Defendants 33 Degrees, Allen and Hamontree demur to all five causes of action in the Complaint on the ground of insufficiently plead facts to support these causes of action, whereas defendant Source Connect only demurs to the 2 nd and 3 rd causes of action on that ground. First Cause of Action – Breach of Contract The Complaint sufficiently alleges the existence of written purchase orders (Complaint, ¶¶ 8-9, 26). With respect to the perform...

Excerpt: ... rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience. (Weil & Brown, supra, pars. 9:337–9:340.)” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) A contempt proceeding is commenced by the filing of an affidavit showing the facts satisfying these four requirements (the “charging allegations”). (Code Civ. Proc. § 1211, 2nd para.) The affidavit frames the issues to be tr...

Excerpt: ...ction 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored informa...

Excerpt: ...g (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (L...

Excerpt: ...leading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when r...

Excerpt: ...igin or identity. (See UMF 2, 3, 12, 13, 15 to 17, 21 and Moving Exhibit 3, p. 122-29.) The information that was relayed second-hand to plaintiff concerning the Irish teacher at the church event, “sometime in 2018” is insufficient as a matter of law to establish a hostile work environment. (See UMF 19-20, Moving Ex. 3, p. 120 to 124, 129 and Opp. Exhibit 124.) In addition, this alleged incident does not appear to be identified within the Comp...

Excerpt: ... claim of interference would not be proper because the father is a living person who is free to dispose of such interests of his alone, inter vivos. (See Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1057) (“as in other cases involving recovery for loss of expectancies ... there must be proof amounting to a reasonable degree of certainty that the bequest or devise would have been in effect at the time of the death of the testator ... if there h...

Excerpt: ...430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible.” Civ. Proc. Code § 430.20(a)-(b). “Numerous defenses were purportedly raised by defendants' allegations of affirmative defense. Most of these allegations fail to state a defense even when lib...

Excerpt: ... seems sound: Plaintiff alleges facing retaliation at work, after obtaining the 2014 judgment, which found discrimination by the City's officers against plaintiff (based on the plaintiff's race). The hiring of the new police chief in 2017 following the apparent completion of the appeals process in 2017, would be relevant to the City's attempt to remediate the discrimination in the workplace. This can be relevant to the claims of failure to preven...

Excerpt: ...700; Daniels v. Robbins (2010) 182 Cal.App.4th 204, 228. The memorandum must include a supporting declaration affirming that the costs were reasonable and necessarily incurred. CRC 3.1700(a)(1). If the items in the cost bill appear on their face to be proper (by comparing the cost bill to the list of recoverable costs in CCP §1033.5), the verified memorandum of costs is prima facie evidence of their propriety. The burden then rests with the part...

Excerpt: ... fully comply with CRC Rule 3.1324 in either form or substance. The Court nonetheless chooses to exercise its discretion to address the Motion on the merits. Civil Procedure Code § 473(a)(1) provides that “[t]he court may . . . in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .” (See also, C.C.P. § 576.) A court's discretion will usually be exercised liberally to ...

Excerpt: ...ph that provides for arbitration must either be stated verbatim in the petition or attached thereto. (C.R.C. 3.1330.) The burden then shifts to the resisting party “to demonstrate that an arbitration clause cannot be interpreted to require arbitration of the dispute.” (Buckhorn v. St. Judge Heritage Medical Group (2004) 121 Cal.App.4th 1401, 1406.) Any reasonable doubt as to whether a claim falls within the arbitration clause is to be resolve...

Excerpt: .... The Complaint of plaintiff Heather Devon (“Plaintiff”) alleges a single cause of action for negligence, based upon alleged medical negligence. The elements of a medical negligence cause of action are: 1. duty of professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; 2. a breach of that duty; 3. a proximate causal connection between negligent conduct and resulting injury; and...

Excerpt: ...(See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850, as modified (July 11, 2001). “The motion for summary judgment shall be granted if all the papers submitted show that there is ...

Excerpt: ...20. (See ROA 119.) Defendants subsequently filed a Notice of Withdrawal as to the filing (see ROA 122), but the clerk's office rejected all attempts to fine any revised Amended Answer The Court will thus grant the motion as to the unverified 10/15/20 filing, but also grant 10 days leave to amend, to allow the Defendants to file a Verified Amended Answer to the SAC. The Court is not at this time addressing the issues Plaintiff has raised in the un...

Excerpt: ...at supplemental responses would be provided. ROA ## 107 and 109. The Court also required Plaintiff to file copies of the FROGS and all of NHI's responses with the Court for its review. On 12/04/20, Plaintiff filed Amended Separate Statements in support of the motion to compel SPROGS. Plaintiff did not file anything in relation to the motion to compel FROGS and did not specify that he continued to have any issue with those FROGS. As there is nothi...

Excerpt: ...The Court grants the motion pursuant to equity and the theories of equitable estoppel. Initially, the Brons' family mediated and began arbitrating their claims against the moving Defendants, giving effect to the mediation and arbitration provisions in the contract documents. The minor plaintiffs joined the process with the parents. The lawsuit is about the same underlying events, the same alleged wrongs, the same alleged conditions and problems a...

Excerpt: ...The facts as alleged in COA 1 of the FAC, as to all of these moving parties, involve a failure to perform professional duties. Each of the identified nurses allegedly failed to comply with the operative care plan and applicable standard of care, by failing to properly turn Plaintiff every two hours and to adequately inspect his skin, to conduct a structured risk assessment as to his skin, to ensure he received adequate nutrition, and to ensure he...