Excerpt: ...JN), filed on 3 -27 -23 under ROA No. 67, as immaterial to the court's decision. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18 (Silverado.) Defendants'/Respondents' Objections to Evidence Submitted in Support of Petitioners' Motion for Judgment filed on 3 -27 -23 under ROA No. 63: The court SUSTAINS Objection Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 (The court SUSTAINS Objection No....

Excerpt: ...JN), filed on 3 -27 -23 under ROA No. 67, as immaterial to the court's decision. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18 (Silverado.) Respondents' Objections to Evidence filed on 3 -27 -23 under ROA No. 63: The court OVERRULES all of the objections. The court notes that Petitioners filed a Request for Dismissal as to the County of Orange on 8 -22 -24 under ROA No. 182. Therefore,...

Excerpt: ...l cases, by the judgme nt debtor or a person acting on behalf of the judgment debtor. [¶] (2) In the case of community property, by the spouse of the judgment debtor, whether or not the spouse is also a judgment debtor under the judgment. . . .” Code of Civil Procedure section 703.030 states in part, “(a) An exemption for property that is described in this chapter or in any other statute as exempt may be claimed within the time and in the ma...

Excerpt: ... agreements. (Smith Decl., ¶ 5 and Exhibit 2.) Judgment Debtor' s Opposition to Plaintiff's Motion for Assignment Order (Opposition), filed on 4 -17 -24 under ROA No. 1184, states, “Defendant filed a Motion to Temporarily Stay Enforcement/Execution of Judgment (ROA # 1128), which the Court is scheduled to hear on 04/23/2 024. If the Court on 04/23/2024 granted Defendant's Motion, then this instant Motion for Assignment Order should be denied t...

Excerpt: ...ents' (City of Anaheim and City Council of the City of Anaheim) Opposition to Petitioner's Motion for Order Fixing Amount of Bond Pursuant to Gov. Code § 65589.5(m) (Opposition), filed on 9 -11 -24 under ROA No. 520, states, “The language in Section 995.220 — ‘Notwithstanding any other statute' — is unequivocal. Thus, the City is not required to post a bond ‘notwithstanding' contrary language in Section 65589.5 (m) of the HAA.” (Oppo...

Excerpt: ...agreements. (Smith Decl., ¶ 5 and Exhibit 2.) Judgment Debtor's Opposition to Plaintiff's Motion for Assignment Order (Opposition), filed on 4 -17 -24 under ROA No. 1184, states, “Defendant filed a Motion to Temporarily Stay Enforcement/Execution of Judgment (ROA # 1128), whic h the Court is scheduled to hear on 04/23/2024. If the Court on 04/23/2024 granted Defendant's Motion, then this instant Motion for Assignment Order should be denied to ...

Excerpt: ... tenants liste d in the lease agreements. (Smith Decl., ¶ 5 and Exhibit 2.) Hudgment Debtor's Opposition to Plaintiff 's Motion for Assignment Order (Opposition), filed on 4 -17 -24 under ROA No. 1184, states, “Defendant filed a Motion to Temporarily Stay Enforcement/Execu tion of Hudgment (ROA # 1128), which the Court is scheduled to hear on 04/23/2024. =f the Court on 04/23/2024 granted Defendant's Motion, then this instant Motion for Assign...

Excerpt: ... consisting of a special fund or not, and whether payable by the appellant or another party to the action. . . . [¶] (b) The undertaking shall be on condition that if the judgment or order or any part of it is affirmed or the appeal is withdrawn or dismissed, the party ordered to pay shall pay the amount of the judgment or order, or the part of it as to which the judgment or order is affirmed, as entered after the receipt of the remittitur, toge...

Excerpt: ...ainst those plaint iffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the ‘prevailing party' shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.�...

Excerpt: ...for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minutes of the court. . . .” The Notice designates the following grounds as the basis for Plaintiff's Motion: (1) Irregularity in the proc eedings of the court, or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial (California Code of Civil ...

Excerpt: ...rty intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of his or her intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minut es of the court. . . .” The Notice designates the following grounds as the basis for Plaintiff's Motion: (1) Irregularity in the proceedings of the court, jury or advers...

Excerpt: ...a motion pursuan t to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10 days after the motion shall have been denied, or if granted, until 10 days after the required security has been furnished and the moving defendant given written notice thereof. When a motion pursuant to Section 391.1 is made at any time thereafter, the litigation shall be stayed for such period after the denial ...

Excerpt: ...lenged in post -trial proceedings on appeal.” (Motion; 4:8 -9.) Plaintiff's (Wen Yu Zheng) Opposition to Motion to Stay Enforcement of Judgment (Opposition), filed on 4 -10 - 24 under ROA No. 1164, states, “Gene's Motion is incomplete in that it provides no substantive reaso ns or evidence as to why the Court should take the extraordinary step of staying enforcement of judgment.” (Opposition; 3:1415.) Code of Civil Procedure section 918 st...

Excerpt: ...a motion pursuan t to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10 days after the motion shall have been denied, or if granted, until 10 days after the required security has been furnished and the moving defendant given written notice thereof. When a motion pursuant to Section 391.1 is made at any time thereafter, the litigation shall be stayed for such period after the denial ...

Excerpt: ..., the court will refer to contentions contained in the GHH Brief and the DHCD Brief as to both Petitions. Further, the court will refer to Respondents' (City of Anaheim and City Council of Anaheim) Oppositions to the GHH Brief and the DHCD Brief in addressing the issues. SpeciÞcally, Respondents Þled their Opposition to the GHH Brief (GHH Opposition) on 818-23 under ROA No. 280, and their Opposition to the DHCD Brief (DHCD Opposition) on 9-18-2...

Excerpt: ...section 452, subdivisions (c) and (d). (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265 (disapproved on other grounds in Yvanova v. New Century Mortgage Corporation (2015) 52 Cal.4th 919, 939 at footnote 13.) "A demurrer tests the pleading alone, and not the evidence or the facts alleged.... To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but ...

Excerpt: ...Civil Procedure section 1094.5. (PAs; 8:5-19.) Code of Civil Procedure secton 1094.5 states in part " "(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 the respondent has not proceeded in the manner required by law, the order or decisio...

Excerpt: ...l.App.4th 256, 264 (disapproved on other grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4th 919, 939 at footnote 13.) Code of Civil Procedure section 2031.310 states in part, "(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: [Y] (1) A statemen...

Excerpt: ...ged.. . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpos...

Excerpt: ...ut also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v....

Excerpt: ...the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: ['ll (a) The right to compel arbitration has been waived by the petitioner; or [91 (b) Grounds exist for the rescission of the agreement." Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1219, provides, "In Rosenthal v. Great Western Fin. Securities corp. (1996) 14 cal.4th 394, 58 cal.Rptr.2d 875, 926 P.2d 106...

Excerpt: ...n part, "(a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Secton 2025.230, 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, electronically stored information, or tangible thing described i...

Excerpt: ...ion, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant ... has met that burden, the burden shifts to the plaintiff... to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto... ." Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851, (Aguilar), states, "Second, and generally, the party moving f...

Excerpt: ...s properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.)" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the ...

Excerpt: ...y be implied or inferred from those expressly alleged in the complaint. [Citations.)" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 58 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Transportation ...