Excerpt: ...ntiff's statement that she did not appear due to a family emergency does not explain Plaintiff's failure to notify Defendants sooner nor does Plaintiff provide any explanation why she could not have returned in time for the long-scheduled medical examination. Plaintiff does not oppose Defendants' motion and states in her opposition that she will appear for the medical examination on or after December 11, 2019. Plaintiff Kennetha Moon is ordered t...

Excerpt: ...rally, violates public policy by allegedly offending the integrity of the legal system. For the following reasons, Plaintiffs' motion is denied. Plaintiff sued Jones Day and four of its current and former attorneys for legal malpractice and other claims related to legal work Defendants performed for Plaintiffs in an unlawful detainer action (the “UD Action”). At the time of the UD Action, Holladay and Lim were associate attorneys at Jones Day...

Excerpt: ...30, 636. Standing may arise from an attorney-client relationship between the moving party and targeted counsel or from a duty of confidentiality owed by the attorney to the moving party despite the absence of an attorney-client relationship. Id. at 636-37. The party seeking disqualification has the burden to establish the attorney-client relationship. Lynn, 15 Cal.App.5 th at 638; Koo v. Rubio's Restaurants, Inc. (2003) 109 Cal.App.4 th 719, 729....

Excerpt: ...ition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4 th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. In these summary proceedings, th...

Excerpt: ...nt. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only th...

Excerpt: ...egations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from th...

Excerpt: ...ted pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint ...

Excerpt: ...emurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not c...

Excerpt: ...is denied and the City's motion is denied. A. Summary Adjudication As an initial matter, the Eppeldauer Defendants style their motion as a motion for summary judgment, but their Separate Statement identifies two “issues” for adjudication. To the extent the Eppeldauer Defendants intend to move for summary adjudication of these issues, the Eppeldauer Defendants' motion is denied because their Notice of Motion and Separate Statement do not compl...

Excerpt: ...d effect as a general demurrer, i.e., the trial court is asked to determine whether the complaint raises an issue that can be resolved as a matter of law. Smiley v. Citibank (1995) 11 Cal.4 th 138, 146; Westly v. Board of Admin. (2003) 105 Cal.App.4 th 1095, 1114. Like a demurrer, a motion for judgment on the pleadings admits, for purposes of the motion, the truth of all material facts that have been pleaded. Consolidated Fire Protection Dist. v....

Excerpt: ... the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court's discretion...

Excerpt: ...evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motio...

Excerpt: ...a general demurrer, i.e., the trial court is asked to determine whether the complaint raises an issue that can be resolved as a matter of law. Smiley v. Citibank (1995) 11 Cal.4 th 138, 146; Westly v. Board of Admin. (2003) 105 Cal.App.4 th 1095, 1114. Like a demurrer, a motion for judgment on the pleadings admits, for purposes of the motion, the truth of all material facts that have been pleaded. Consolidated Fire Protection Dist. v. Howard Jarv...

Excerpt: ...esponse to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” “[P]arties, like witnesses, are required to state the truth, the whole truth, and nothing but the truth in answering written interrogatories.” Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783. Plaintiff initially responded to each of the above interrogatories with a statement that she “does not have ...

Excerpt: ...howing of good cause requiring the continuance. Cal. R. Ct. 3.1332(c). California Civil Procedure Code § 2024.050 governs motions to reopen discovery. A motion to reopen discovery shall be accompanied by a meet and confer declaration, id. § 2024.050(a), which Plaintiff's motion is not. In exercising its discretion to grant or deny a motion to reopen discovery, the court “shall take into consideration any matter relevant to the leave requested...

Excerpt: ..., 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony receive...

Excerpt: ...denials of factual contentions. The court granted Defendant's summary judgment motion on November 1, 2018. See11/01/18 Order. For the following reasons, Defendant's motion is denied. Sanctions may be imposed pursuant to section 128.7(b)(2) if a paper contains a claim, defense, or other legal contention that is not warranted by existing law or by nonfrivolous argument for the extension, modification, or reversal of existing law or the establishmen...

Excerpt: ...of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc.(2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably...

Excerpt: ...nges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc.(2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts t...

Excerpt: ...t. Davis served the four sets of interrogatories by overnight mail on November 20, 2018. Responses were due December 24, 2018. The parties dispute whether OC Auto Expo Group and Husaini served timely responses. OC Auto Expo Group and Husaini maintain that they served timely responses. Plaintiff's counsel states in his declaration that he served the four sets of responses on December 24, 2018. Walton Decl. ¶¶ 7- 8. Plaintiffs have submitted a Pr...

Excerpt: ...s granted. Due to Defendant's failure to serve responses to the interrogatories, Defendant has “waive[d] 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 . . . .” Cal. Civ. Proc. Code § 2030.290(a). Defendant shall provide responses, without objections, to Plaintiff's Special Interrogatories (Set...

Excerpt: ...y Bank of Nev. v. Superior Ct. (1975) 15 Cal.3d 652, 656 (individual has right to privacy in his or her confidential financial affairs); SCC Acquisitions, Inc. v. Superior Ct. (2015) 243 Cal.App.4 th 741, 756 (corporations have non-constitutional right to privacy; corporate right to privacy is “a lesser right than that held by human beings” and requires balancing discovery's relevance to subject matter in dispute and whether discovery appears...

Excerpt: ...aint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc.(2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only t...

Excerpt: ...emurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc.(2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Pr...

Excerpt: ...ing summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a d...