Excerpt: ..., after these motions were filed. In the Replies, Plaintiff contends the supplemental responses remain inadequate. However, there is no indication that Plaintiff attempted to contact Defendant to meet and confer regarding the further responses since said responses were served on Plaintiff in late November and early December. Given the extensive complaints raised by Plaintiff as to the sufficiency of the responses and the lack of meet and confer ...

Excerpt: ...ons Code §2000. On this Motion, Plain tiff has presented evidence that the amount so incurred is $114,631.43. (ROA 637, 639, 641.) The Opposition presented by Defendants Saeed Sorat (“Sorat”) and Hen House Grill, Inc. (“HHGI”) (here, “Defendants”) does not meaningfully attempt to dispute that those expenses were incurred by Plaintiff for this limited proceeding, except to claim generally that they were “excessive” without showing...

Excerpt: ...tronixx v. Heger Realty Corp. (1998) 64 Cal.App.4th 698, 706– 707.) The “prevailin g” party is the party who recovered greater relief in the action on the contract. (Civ.C. § 1717(b)(1).) Code of Civil Procedure Section 998 provides, in relevant part: “(a) The costs allowed under Sections 1031 and 1032 shall be withheld or augmented as provided in this section…[¶] (c)(1) If an offer made by a defendant is not accepted and the plaintif...

Excerpt: ...cy of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or impro bable, 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 e...

Excerpt: ...d Complaint A demurrer for sufficiency tests wheth er the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720 -21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury ...

Excerpt: ...ing 4 categories in dispute, the motion is GRANTED for Categories 9 and 22, and DENIED for Categories 10 and 19. Regarding the request for production of documents (“RFP”), the RFP contained in the deposition notice are identical to the RFP at issue in Plaintiff's motion to compel further RFP responses from Defendant, w hich this court granted in part on 10/19/23. (See Minute Order at ROA 90; Prior motion at ROA 43, Ex. 1.) Thus, the court has...

Excerpt: ...s. If a timely motion to compel has been Þled, the responding party has the burden to justify any objection or failure fully to answer the discovery requests. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220-221.) Request for Admissions The Court Þnds Plainti
¯'s response to RFA 1 is not “as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2033.220(a).) RFA 1 ask...

Excerpt: ...s each appears to exceed the appropriate scope of discovery based on what has been shown here to date. For Interrogatory Nos. 13-18, the Motion is GRANTED IN PART. For Nos. 13 -15, GM is to identify (and produce, on Motion 2 below) its warranty policy/procedure manuals and claim handling manuals for the period between Plainti
¯s date of purchase and the date of suit; the Motion is otherwise DENIED. Motion 2 is GRANTED IN PART. SpeciÞcally, the...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...