Excerpt: ...h is the Marovic defendants or "Defendant Group which is the City defendants. The FAC alleges the following c/a's against the defendant groups: 1. Breach Of Warranty Of Habitability (Marovic Defs) Specific Performance Of Negligent Maintenance (Marovic Defs) 2. Violation Of Unfair Business Practices Act (Marovic Defs) 3. Wrongful / False Arrest (All Defs) 4. Public Nuisance (City Defs) 5. Private Nuisance (Marovic Defs) 6. Violation Of Cal. Civ. C...

Excerpt: ...["only those attorney fees and costs related to the special motion to strike, not the entire action, may be recovered"].) The fees awarded should include services for all proceedings directly related to the special motion to strike, including those relating solely to the fee. (Premier Medical Management Systems, Inc. v. California Ins. Guarantee Assn. (2008) 163 Cal.App.4th 550, 556.) Aa party who partially prevails on an anti-SLAPP motion must g...

Excerpt: ...up to and including trial,” absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Absent prejudice, delay alone is not ground for denial. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, it is an abuse of discretion to deny leave in such a case, even if sought as late as the time of trial. (Higgins v. Del Faro (198...

Excerpt: ...t provides in pertinent part that, for Pouliot to show a right to judgment thereon, the following must be shown: 1) that Cohen defaulted on the agreed payment schedule; 2) that Cohen was given notice of that default, through his counsel, by mail with return receipt requested, as well as by email; 3) that Cohen then failed to cure the default within 15 days after such notice; 4) that the Pouliot bank account into which Cohen could make the payment...

Excerpt: ...le, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action....

Excerpt: ...ishing the existence of an arbitration agreement. The Court thus finds the evidence submitted by Defendant is sufficient to support the existence of an agreement to arbitrate as a preliminary matter under Condee. Defendant is not a signatory to the subject arbitration agreement, which appears in the Motor Vehicle Lease Agreement (the “Lease Agreement”) between Ana Bengel (“Plaintiff”) and Perry Infiniti. (See Maugeri Decl. at Ex. 3, Secti...

Excerpt: ...7/22, in a detailed ruling with which this Court concurs. For similar reasons, this Motion is also denied. The party moving for summary judgment or adjudication “bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie ...

Excerpt: ... defendant, that either of the following conditions exist: (i) The court has no jurisdiction of the subject of the cause of action alleged in the complaint.” (Civ. Proc. Code § 438(c)(1)(B)(i).) “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 m...

Excerpt: ...enth causes of action and SUSTAINED with 30 days leave to amend as to the second, third, fifth, sixth, seventh, eleventh, and twelfth causes of action. The motion to strike is GRANTED as to the punitive damages and attorneys' fees allegations. 1. Demurrer “In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long-settled rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not...

Excerpt: ... 39 Cal.3d 311, 318.) The issue is the sufficiency 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 no...

Excerpt: ...rden of demonstrating that the offer is a valid one under section 998. (Citation) The corollary to this rule is that a section 998 offer must be strictly construed in favor of the party sought to be subjected to its operation. (Citation)… Finally, our Supreme Court has held that the legislative purpose of section 998 is generally better served by ‘bright line rules' that can be applied to these statutory settlement offers—at least with resp...

Excerpt: ...ce limited to matters that are relevant.) Meet and Confer: CCP § 430.41(a) requires that the demurring party meet and confer with the party who filed the pleading that is subject to the demurrer at least 5 days before the date the responsive pleading is due, by telephone or in person, for the purpose of determining if the parties can resolve the objections to be raised in the demurrer. (CCP § 430.41.) The demurring party must file and serve a d...

Excerpt: ...ing text); Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 839 (citing text). A court may not make credibility determinations or weigh the evidence on a motion for summary judgment or adjudication, and all evidentiary conflicts are to be resolved against the moving party. McCabe v. American Honda Motor Corp. (2002) 100 Cal.App.4th 1111, 1119. Here, Illusions seeks summary judgment in its favor and against Plaintiff, Mischa Denton (“Pla...

Excerpt: ...ng compliance with it upon those terms or conditions as the court shall declare, including protective orders. Here, the Court finds that the subpoena should not be quashed but should be modified as to any tax records that may be within the scope of the subpoena, and that a protective order should issue, limiting the use of the materials to be produced in response. As a preliminary matter, the Motion correctly observes that for the subpoena at iss...

Excerpt: ...2.1 through 12.5 are “Investigation – General” interrogatories which ask a responding party to identify witnesses to the incident, people who were interviewed regarding the incident, written statements concerning the incident, and photographs, films, videotapes, diagrams, and/or models of the incident. These FROG are generally for personal injury actions, however Plaintiff marked box (a)(1) for the definition of “Incident,” which states...

Excerpt: ...1, on the request for summary judgment as to Meredith, is GRANTED. The alternative request for summary adjudication is defective here, but in any event is MOOT based on that ruling. As a preliminary matter, Plaintiff has asserted that there are multiple defects in the Motion which preclude relief here. Plaintiff first argues that Issues 2 and 3 are not each sufficient to completely dispose of a cause of action (a “COA”), defense, damages clai...

Excerpt: ...OSPITAL at the hands of Defendant ROSENBERG and that during the surgery, Defendant ORTHOWEST and ROSENBERG negligently placed a surgical screw into his left L-5 nerve root causing him permanent injury and damage to his spine and spinal nerves. Medical Negligence. The elements of a claim for “medical malpractice” are: (1) a duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) a b...

Excerpt: ... considered by the Court in its prior ruling. Plaintiff offered a satisfactory explanation for why the evidence was not presented at the September 22, 2022 hearing. (Declarations of Stuart A. Katz, Joel Garcia and James Weaver.) Thus, the Court grants the Motion for Reconsideration and will reconsider the merits of BoostAddict.com's third party claim with the new evidence. Here, in support of BoostAddict.com's third party claim of exemption, two ...

Excerpt: ... Mr. Levy declares that he is “the Credit Operations Manager for Plaintiff, FUSION LLF, LLC (hereinafter "Plaintiff' or "Fusion")” and asserts that he has personal knowledge of the following facts (¶1 of Levy Declaration); however, no additional facts are offered which establish personal knowledge of the relevant contract or invoices. As explained by the Court in Snider v. Snider (1962) 200 Cal.App.2d 74, a “bare statement” of personal k...

Excerpt: ...l Interrogatories If a timely motion to compel has been filed, 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.) Interrogatory responses “shall be as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2030.220, subd. (a).) “If an interrogatory cannot ...

Excerpt: ...deposition is GRANTED. CCP §2025.450(a) provides “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, . . , 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 . . . described in the deposition notice, the party giving the notice may move for an order compelli...

Excerpt: ... hearing, it was the same as an initial trial setting On 10/8/20, the Court “vacated” the trial date. When the trial date was “vacated” it would seem reasonable to believe that there was no cut-off on discovery. Typically, when a court vacates an order, it is as though the order has never existed. If that were the case, then when the court vacated the trial date, it was as though no trial date had ever been set. Therefore, when the court ...

Excerpt: ...5(a).). The document noticed was offered as authority rather than to show some fact that would be properly subject to judicial notice. Plaintiff's Evidentiary Objections are SUSTAINED as to Obj. Nos. 1, 2 [as to “warranted”] and 4 [foundation, legal conclusions] but OVERRULED on Obj. No. 3. The Reply Objections, as to the La Torre Decl. are SUSTAINED on Obj. Nos. 3 -7 as to the characterization of the records [foundation; best evidence] but o...

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.) “(f)(1) A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmat...

Excerpt: ...the Court issued “Minute Order No. 1” (ROA #45) regarding actions defined as the “Hotel Website Cases”. Per that Minute Order, Garcia vs. Resort Rental LLC is the lead action, and for all of the Hotel Website Cases filed by the Center for Disability Access as counsel for plaintiffs: “(d) All motions, petitions and applications brought to the court for adjudication in any case subject to this order shall be served on all parties having r...