Excerpt: ...ination, “the party shall obtain leave of court.” Cal. Civ. Proc. Code § 2032.310(a). A motion for an examination under section 2032.310(a) “shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty of any of the person or persons who will perform the examination.” Id. § 2032.310(b). The court shall grant the motion for a physical or mental examination under sectio...

Excerpt: ...tained 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 Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a d...

Excerpt: ...t of the professional negligence of a health care provider, the court may allow the filing of an amended complaint claiming punitive damages on a motion by the party seeking the amended pleading and “on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code.” Id. § 425.13(a)...

Excerpt: ...he Stipulation and Protective Order states that if a party designates information “confidential” or “highly confidential” under the order, another party objects to the designations, and the parties cannot resolve the dispute, the designating party may either de-designate the information or file a motion to uphold its confidentiality designations. Stipulation & Protective Order (filed 09/21/17) § 6. The designating party bears the burden ...

Excerpt: ...tion (Complaint, Prayer at 11:15) is granted without leave to amend. Punitive damages are recoverable in fraud actions involving intentional, but not negligent, misrepresentations. Alliance Mortgage Co. v. Rothwell (1995) 10 Cal.4 th 1226, 1241. Defendant also moves to strike Plaintiff's punitive damages allegations in his second cause of action for intentional misrepresentation and the related prayer for punitive damages (Complaint ¶ 30 at 7:1-...

Excerpt: ...ken. Based on Plaintiffs' stipulation, Defendant's motion to strike those portions of the Complaint is granted and they are stricken. Defendant argues that the phrase “in a reasonable manner” in paragraphs 30 and 31 should be stricken because Defendant is not liable for common law negligence and paragraphs 30 and 31 allege common law negligence. Plaintiffs' second cause of action – the only cause of action alleged against Defendant and the ...

Excerpt: ...ersonal jurisdiction. In the alternative, Klamath moves to dismiss the case based on forum non conveniens. For the following reasons, Klamath's motion to quash is denied. Klamath's alternative motion to dismiss based on forum non conveniens is also denied. A. Personal Jurisdiction 1. Hearing Date Relo argues that Klamath's motion should be denied because the notice of motion to quash did not designate a hearing date not more than thirty days afte...

Excerpt: ... commonly known as 5742 Thelma Avenue, La Palma, California, 90623. Ocwen opposes Plaintiffs' motion. For the following reasons, Plaintiffs' motion is denied. In determining whether a preliminary injunction should issue, a trial court evaluates two interrelated factors: (i) the likelihood that the party seeking the injunction will ultimately prevail on the merits of its claim and (ii) the balance of harm presented, i.e., the comparative consequen...

Excerpt: ...motion is granted in part and denied in part. A. Document Production On or about July 13, 2018, SITO served Macaluso with a subpoena for records and a subpoena for testimony and records. Crisp Decl. ¶ 15 & Ex. 8. The latter subpoena sought the same records sought in the former subpoena. Id. Macaluso served written objections to the subpoena on August 6, 2018. Id. Ex. 10. Macaluso objected to Request Nos. 9, 10, 11, 13, 15, 15 and 19 on attorney-...

Excerpt: ...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 the sufficiency of the complaint, a court will not ...

Excerpt: ... For the following reasons, Rush's motion is denied. A defendant seeking 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); Ag...

Excerpt: ... Defendant's motion is granted. Due to Plaintiff's failure to serve timely responses to the interrogatories, Plaintiff 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). Plaintiff shall provide responses, without objections, to Defendant's ...

Excerpt: ...y and all other diagnostic tests and procedures, including, but not limited to, all records reflecting the date of each visit, exams or treatment and all charges/billings made therefore pertaining to Kambiz Rouindej. All payments received from any source for services provided and the current amount due for treatment rendered. This subpoena requires the production of any and all x-rays, MRI films, tomograms, CT scans, photographs, etc. which may h...

Excerpt: ...d States Court of Appeals for the Ninth Circuit of an order of the United States District Court for the Central District of California dismissing Plaintiff's federal cause of action and remanding Plaintiff's lawsuit against Defendants South Coast Plaza and Rolex Watch USA, Inc. to Orange County Superior Court. Should Plaintiff's appeal succeed, Plaintiff's case would return to federal district court and that court could then determine whether to ...

Excerpt: ...owing that order, Defendants again failed to respond to Plaintiff's pleading, this time failing to respond to Plaintiff's Second Amended Complaint (SAC). The court had granted Plaintiff leave to file its SAC on February 28, 2018. See 02/28/18 Order. Because Defendants failed to respond to the SAC, Defendants' defaults were entered again on April 25, 2018. Defendants, who are self- represented, contend they failed to timely respond to the SAC beca...

Excerpt: ... to Hackler seek: No. 9: Any and all time sheets for any cases which were transferred or referred to you/your firm from A. Nicholas Georggin. No. 10: Any and all time sheets for any cases which were transferred to you/your firm from anyone who worked for Krutcik & Georggin. While billing invoices are generally not made for the purpose of legal representation, the information contained within certain invoices may be within the scope of the attorne...

Excerpt: ...s punitive damages claim. For the following reasons, Defendants' motion is denied. A defendant seeking 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...

Excerpt: ...e on the party of written notice of entry of the order “and based upon new or different facts, circumstances, or law,” apply for reconsideration of the matter and seek an order modifying, amending or revoking the prior order. Cal. Civ. Proc. Code § 1008(a). “The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, ...

Excerpt: ...dies for that claim. The court has read and considered both parties' late-filed briefs. For the following reasons, Defendants' motion for judgment on the pleadings is overruled. Defendants contend that Plaintiffs are required to exhaust a “Grievance Review Procedure” set forth in four Memoranda of Understanding (MOU) between Plaintiff Santa Ana Police Officers Association and Defendant City of Santa Ana before Plaintiffs can bring a breach of...

Excerpt: ...oach. Complaint ¶¶ 8-9. Plaintiff alleges Servite terminated him in September 2017 following the events from which this lawsuit arose. Id. ¶ 10. During a junior varsity basketball game on July 2, 2017, Plaintiff removed Defendant's teenage son, a player on the team, from the game. Id. ¶ 13. Defendant's son walked past Plaintiff as Plaintiff was speaking to him and, to get the son's attention, Plaintiff alleges he “lightly grabbed [Defendant...

Excerpt: ..., Defendants' Notice of Motion does not state in the first paragraph the proper grounds for Defendants' motion. The Notice states that Defendants move pursuant to California Code of Civil Procedure § 473.5, but, as the court found previously, see05/17/18 Order, section 473.5 does not apply to Defendants' motion because Defendants do not contend that service of summons did not result in actual notice in time to defend the action. See Cal. Civ. Pr...

Excerpt: ...ndant previously stated it would produce. Defendant's counsel submitted a declaration stating that Defendant produced the documents responsive to Nos. 31 and 32 on June 19, 2018. Bankhead Decl. ¶ 3 & Ex. A. Plaintiff's motion to compel further responses and document production in response to Nos. 31 and 32 is denied as moot. Request Nos. 23 through 30, 33 and 34 seek documents showing Defendant's sales revenues and commissions paid to third part...

Excerpt: ...orting papers largely focus on topics irrelevant to Plaintiff's motion. Indeed, the court could not discern from the briefs which issues the parties believe require court intervention. As a result, while the court has read and considered all of the papers filed in support of and in opposition to Plaintiff's motion, the court relies on Plaintiff's and Defendant's Separate Statements to identify the requests and topics at issue in this motion, whic...

Excerpt: ...rsuasion 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. Plaintiff's theory against Defendant is based on ...

Excerpt: ...on) in Stateline, Nevada. Buckley alleges that SWAT and Columbia, among others, were negligent in failing to supervise and secure the property where the assault occurred. Columbia provided management services at Horizon in January 2013. Columbia's Responsive Separate Statement No. 11 (undisputed). Columbia filed a Cross-Complaint against SWAT for express and implied indemnity, contribution/apportionment, and declaratory relief. On or about August...