Excerpt: ...endants sanctions. Defendants' motion is denied for the following reasons. Disobeying a court order to provide discovery is a misuse of the discovery process. Cal. Civ. Proc. code S 2023.010(g); van Sickle v. Gilbert (2011) 196 cal.App.4th 1495, 1516. A trial court should consider both the conduct being sanctioned and its effect on the party seeking discovery and, in choosing a sanction, should attempt to tailor the sanction to the harm caused by...

Excerpt: ...cal Rule 317. Rule 317 sets forth requirements pertaining to the pretrial issue conference and preparation of the joint trial notebook and other trial documents. Rule 317 states that "Cf)ailure to conduct the Issue Conference, submit a Joint Trial Notebook, or comply with any other provisions of this rule as required may result in sanctions pursuant to Rule 381." Rule 381 provides: "Upon notice and after hearing, if the court finds any counsel, a...

Excerpt: ...action has no merit if the defendant shows that one or more elements of the cause of action cannot be established, or that the defendant has a complete defense to the cause of action. 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 motion must be denied. Binder v. Aetna Life Ins. Co. (Iggg) 75 Cal.Ap...

Excerpt: ...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.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider f...

Excerpt: ... motion to compel supplemental responses to six special interrogatories. "Supplemental responses" refer to responses to supplemental interrogatories. Civ. Proc. Code S 2030.070. "Further responses" are additional answers ordered by a court when the original responses are found inadequate. The court presumes plaintiff intends this motion to compel further responses to Special Interrogatories (Set Two) Nos. 61, 62, 63, 64, 65 and 66. Plaintiff alle...

Excerpt: ...complaint. As detailed in that order, the Marshalls dismissed the first and second causes of action in their cross-complaint after the Joneses filed a special motion to strike those claims. In the December 8, 2022 order, the court found the Joneses would have prevailed on their special motion to strike the first and second causes of action in the cross-complaint, and that the Joneses therefore are entitled to award of attorneys' fees and costs. S...

Excerpt: .... For the following reasons, plaintiff's motions are denied. A motion to compel further responses to requests for production or special interrogatories must be accompanied by a meet and confer declaration pursuant to Civil Procedure Code S 2016.040. cal. Civ. Proc. code A meet and confer declaration in support of a motion must show "a reasonable and good faith attempt at an informal resolution of each issue presented by the motion." ld. S 2016.04...

Excerpt: ... Cal defendant when: [a]fter a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal." Civ. Proc. Code S The court's May 19, 2022 order sustaining demurrers to plaintiff's first amended complaint with leave to amend ordered plaintiff to file and serve any amended complaint by May 31, 2022. 5/19/22 Order. Plaintiff did not file the secon...

Excerpt: ...wing that a cause of action has no merit if the defendant shows that one or more elements of the cause of action cannot be established, or that the defendant has a complete defense to the cause of action. 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 motion must be denied. Binder v. Aetna Life Ins....

Excerpt: ...9/22 Order. For the following reasons, plaintiff's motions are denied. A motion to compel further responses to requests for production or special interrogatories must be accompanied by a meet and confer declaration pursuant to Civil Procedure Code § 2016.040. Cal. Civ. Proc. Code §§ 2030.300(b)(1), 2031.310(b)(1). A meet and confer declaration in support of a motion must show “a reasonable and good faith attempt at an informal resolution of ...

Excerpt: ...e additional deposition notices to either defendant only if defendants agree or the court so orders, (iii) and permitting plaintiff to serve additional deposition notices to individuals deposed either in an individual capacity or as a person most knowledgeable only if defendants agree or the court so orders. Defendants' motions are denied. Defendants state no reasons plaintiff's person most knowledgeable deposition notices to each defendant shoul...

Excerpt: ...deceased” to arbitrate his claims. Defendants' other papers make clear, however, that defendants move to compel arbitration of Hernandez's complaint.) For the following reasons, defendants' petition is denied. The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden ...

Excerpt: ... the Board of Directors of the Midway City Sanitary District shortly before a board meeting at which the Board was scheduled to consider competing proposals from plaintiff HavePC Corporation dba CRC Cloud and nonparty First Class Connection to provide IT services to the District. Kashani acknowledges she wrote the letter and delivered the letter and its attachments to the Board. Kashani's letter states: (i) “Please consider attached information...

Excerpt: ...complaint. For the following reasons, cross-defendants' demurrer is overruled and the motion to strike is denied. In ruling on a demurrer, 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. Cun...

Excerpt: ... Inc. move pursuant to Civil Procedure Code section 425.16 to strike the cross-complaint filed by OC Media Tower, L.P. and OCR Land, LLC and/or the following portions of the cross-complaint: paragraph 10; part of paragraph 11; paragraph 12; the first cause of action for fraud by intentional misrepresentation (paragraphs 14 through 20); the second cause of action for money had and received (paragraph 21 through 23); and/or the prayer for relief (p...

Excerpt: ...d the trial court's ruling. On October 6, 2022 the court of appeal issued its opinion affirming in part and reversing in part the trial court's order. See Law Offices of Mark B. Plummer, et al. v. Nabili, Court of Appeal Case No. G060354 (filed 10/6/22). The court of appeal remanded the case to the trial court with instructions to enter a new order granting Nabili's special motion to strike in part by striking the words “incompetent, dishonest�...

Excerpt: ...ve for an order compelling further response if the demanding party deems that any of the following apply: (1) a statement of compliance with the demand is incomplete; (2) a representation of inability to comply is inadequate, incomplete, or evasive; or (3) an objection in the response is without merit or too general. Cal. Civ. Proc. Code § 2031.310(a). Section 2031.310(b)(1) requires a motion under subdivision (a) to set forth specific facts sho...

Excerpt: ... Little v. Pullman (2013) 219 Cal.App.4th 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 a petition to compel arbitration, the trial court must first determine whether an “agreement to arbitrate the controversy exists....

Excerpt: ...s, NNA's motion is denied. The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 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 e...

Excerpt: ...tice sought testimony on 28 topics and the production of 23 categories of documents. Id. Plaintiff noticed the deposition for August 23, 2022. Id. On August 17, 2022 defendant served objections to the deposition notice, the matters for examination, and the requests for production. Id. Ex. 3. On August 23, 2022 plaintiff wrote defendant about defendant's August 17, 2022 objections. Id. Ex. 4. Plaintiff's August 23, 2022 letter does not address any...

Excerpt: ...n. 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 motion must be denied. Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840. If the defendant meets this initial burden, the burden shifts to the plaintiff to produce evidence demonstrating the existence of a triable issue of material fact...

Excerpt: ...re Code § 473(a)(1) provides that “[t]he court may . . . in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .” The court's discretion will usually be exercised liberally to permit amendment of the pleadings. Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. Although courts should apply a policy of liberality in permitting amendments to pleadings when n...

Excerpt: ...vil Procedure Code § 877.6(a)(1) states that any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors. The issue of the good faith of a settlement may be determined by the court on the basis of affidavi...

Excerpt: ...e 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.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 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 compl...

Excerpt: ...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 motion must be denied. Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840. If the defendant meets this initial burden, the burden shifts to the plaintiff to produce evidenc...