Excerpt: ... the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general.” Defendant's motion seeks a further response to Form Interrogatories 9.1/9.2 and 17.1. Plainti
¯ objected to 9.1/9.2 on the grounds that manner in which defendant deÞned the term, “incident,” made the interrogatory vague and ...

Excerpt: ...r provided.” (Code Civ. Proc., § 1021.) Civil Code section 1717 authorizes an award of reasonable attorney's fees and costs to the prevailing party on contract causes of action. Civil Code section 1717 states: “(a)In any action on a contract, where the contract speciÞcally provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the p...

Excerpt: ...n, and speculation. Mr. Lamkin states that he conducts “internal investigation into Judgment Debtors” for E-Tail. (Lamkin ¶1) Based on his “investigation,” he submits copies of documents that he obtained from the internet and makes several conclusions as to the alter ego and successor corporation theories. E-Tail states that Lamkin “is not an attorney and presents his declaration as a lay witness.” (Reply at 5:16) E-Tail argues that ...

Excerpt: ...llows: "(b) The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence." In ...

Excerpt: ...art and CONTINUED in part. The motions are granted as to Defendants being required to produce a more detailed privilege log ("Log"). (Beral Decl., Ex. 5.) "The purpose of a "privilege log" is to provide a specific factual description of documents in aid of substantiating a claim of privilege in connection with a request for document production. [Citation.] The purpose of providing a specific factual description of documents is to permit a judicia...

Excerpt: ...objection or failure fully to answer the discovery requests. (Coy v. Sup.Ct. (Wolcher) (1962) 58 cal.2d 210, 220-221; Kirkland v. superior court (2002) 95 Cal.App.4th 92, 98 [burden shifts to objector after good cause shown for RFPsl; Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725, 733 [party claiming the privilege has burden of establishing preliminary facts necessary to support objection].) The Court finds Plaintiff has shown go...

Excerpt: ...f the lengthy videos that the court should notice. As the first video is 6.5 hours long and the second is 3.5 hours, the entire recordings are not pertinent, nor can the court easily determine which parts are pertinent. Defendants' objection to Plaintiff's Exhibit 4 is OVERRULED. Defendants' objections to the Declaration of Rick Nehora are SUSTAINED as to objections 6, 7, 9-12, and OVERRULED as to the rest. Defendants' objections to the Declarati...

Excerpt: ...of the second cause of achon be struck. Quality brings its Mohon pursuant to Civ. Proc. Code S 438, which permits motions for judgment on the pleadings. "A motion for judgment on the pleadings is akin to a general demurrer; it tests the sufficiency of the complaint to state a cause of action. [Citation omitted.] The court must assume the truth of all factual allegations in the complaint, along with matters subject to judicial notice." (Wise v. Pa...

Excerpt: ...amount of $342,000 was reached at a mediation on 11/11/22. Although Medina had been invited to attend, and had recently filed her answer, Medina opted to not participate in the mediation. (Dorr Decl. 912) The settlement agreement is attached to Dorr's declaration and states that it is "expressly conditioned on court approval of Petitions for Minor's Compromise." (ROA 70, Exh. 1, 913) Section 877.6 allows a settling defendant or crossdefendant to ...

Excerpt: ...lank v. Kirwan (1985) 39 Cal.3d 311, 318.) As to the claim that the entire complaint is uncertain based on the fact that the causes of action do not state which Plaintiff is asserting which claim, the parties have been conducting discovery based on a nearly identical complaint for four years. Any confusion as to parties and claims should have been clarified in that time, as the FAC does not add any substantive facts or changes. Accordingly, the g...

Excerpt: ...ter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 406-407 (Carter), provides, "From the statutes and cases discussed above, we distill several factors that must be present for conduct to consttute neglect within the meaning of the Elder Abuse Act and thereby trigger the enhanced remedies available under the Act. The plaintiff must allege (and ultimately prove by clear and convincing evidence) facts establishing that the defe...

Excerpt: ...t" against Ford, based on alleged defects in their vehicle, but asserts only economic losses. under the economic loss rule (the "ELR"), where a purchaser's expectations in a sale are frustrated because the product is not working properly, the remedy is in contract alone, for he has suffered only economic losses. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) Claims for monetary losses between contractual parties are bar...

Excerpt: ...the suffciency of the pleading, 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...

Excerpt: ...all not be awarded fees and costs unless the court finds the achon was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so." Accordingly, the court must determine if the plaintiff's lawsuit was frivolous, unreasonable, or groundless. "Despite its discretionary language, however, the statute applies only if the plaintiffs lawsuit is deemed unreasonable, frivolous, meritless, or vex...

Excerpt: ...s"], it is undisputed that the same dealer that sold the vehicle to Plaintiff also provided the warranty service at issue here. (UF 1, 6.) The evidence thus establishes that service facilities were available that were "reasonably close" to where the vehicle was sold. For COA 8 ["Failure to Make Service Literature and Parts Available"], it appears undisputed that the same dealer performed warranty work on Plaintiff's vehicle (UF 7; ROA 131 Ex. D) ...

Excerpt: ...136 Cal.App.4th 1110, 1122.) under the FAA, the moving party on a motion to compel arbitration must demonstrate the existence of an arbitration agreement between the parties that covers the controversy or claims at issue. (Roes v. SFBSC Management, LLC (9th Cir. 2016) 656 Fed.Appx. 828, 829; Knutson v. Sirius XM Radio Inc. (9th Cir. 2014) 771 F.3d 559, 565.) In determining the validity or "the rights of parties to enforce an arbitration agreement...

Excerpt: ...ction of Documents, Set One, and for an Order compelling the Defendants to serve verifications for the subject discovery. The two discovery motions are GRANTED, as set forth herein. MOTION TO BE RELIEVED It is initially noted that while counsel filed a single motion, since this is a motion as to three parties, counsel should have filed three separate motions. Without three separate motions, it is not clear which clients are being referred to in t...

Excerpt: ...or violation of this certification. (Code Civ. Proc„ S 128.7; see Murphy v. Yale Materials Handling Corp. (1997) 54 Cal.App.4th 619, 623.) The purpose of the statute is "to check abuses in the filing of pleadings, petitions, written notices of motons or similar papers." (Musaelian v. Adams 45 Cal.4th 512, 514.) Whether the certificate is violated is tested objectivel',— i.e., whether the paper filed is frivolous, legally unreasonable or witho...

Excerpt: ...tely, for each COA at issue. And under C.C.P. S 430.50, a demurrer shall distinctly specify the grounds upon which any of the objections to the complaint are taken. Here, there is no separate demurrer, and the Notice (at ROA 46) is directed only to COAS 3-5. Accordingly, although the supporting authorities (at ROA 44) also assert arguments about other COAs, and as to the entre action as directed to Mr. Webb, as those arguments were not properly n...

Excerpt: ...cles in California of the same year, make and model as the subject vehicle are relevant because they may be probative of whether Defendant knew of the defects impacting Plaintiffs vehicle. Further, documents related to Defendant's policy and procedures used to evaluate customer requests for repurchase or replacement under the Song Beverly Act would be relevant to Defendant's good faith compliance with said Act. In addition, documents regarding di...

Excerpt: ...e initial Complaint. "A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint...on grounds that could have been raised by demurrer to the earlier version of the complaint[.]" (Code Civ. Proc., S 430.41, subd. Even if the demurrer was properly raised, it fails on the merits as discussed below. With respect to the first cause o...

Excerpt: ...t the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reaso...

Excerpt: ...st set forth the essential facts of his or her case ' " 'with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent' " ' of the plaintiffs claim. [Citation.] Legal conclusions are insuffcient. [Citations.] 'We assume the truth of the allegations in the complaint, but do not assume the truth of contentions, deductions, or conclusions of law.' [Citation.]" (Annocki v. Peterson Enterpri...

Excerpt: ... as admitting all material facts properly pleaded. (Quelimane co., Inc. v. Stewart Title Guar. co. (1998) 19 cal.4th 25, 38.) BREACH OF CONTRACT on 6/8/23, the Court overruled WF's previous demurrer to the Breach of Contract cause of action as alleged in the Second Amended Complaint. In ruling on that demurrer, the Court granted plaintiff leave to file an amended complaint. In doing so, plaintiff also changed the allegations in the TAC which form...

Excerpt: ...ondition, which is a height differential, is trivial and City has statutory immunity for any design defect. City asks for judicial notice ofa highway easement deed and a parcel map (Exhibits 1 and 2 to the RIN, ROA 18). Plaintiff opposes the demurrer and contends that the first cause of action is sufficiently pled. She contends that it clearly alleges that she was injured as a result of a defect or dangerous condition on public property. She also...