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: ...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: ...pute, 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 purpose of determining its effect, its allegations must be ...

Excerpt: ...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. Golden Empire Transportation Transit District (2012) 209 Cal.App.4th 1228, 1238, provi...

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 ...

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: ...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: ...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: ...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: ...otice to all parties. [q] (b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits. [q] (c) The court may impose conditions on the granting of the motion that are just, including, but not limited...

Excerpt: ...ior counsel. Thus the entire answer should be stricken." (Motion; 3:17-20.) Code of Civil Procedure section 436 states, "The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: [91 (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. [9] (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a co...

Excerpt: ... part as set forth below. Code of Civil Procedure section 2031.300 states in part, "If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: . (b) The party making the demand may move for an order compelling response to the demand." On 10-27-22, Plaintiff served Defendant (Sediegh Fakoor) with "Plaintiff's Request for Production of Documents to D...

Excerpt: ...e examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. [q] (2) The examinaton is conducted at a location within 75 miles of the residence of the examinee. [q] (b) A defendant may make a demand under this article without leave of court after that defendant has been served or has appeared in the action, whichever occurs first. (c) A demand under subdivision (a) shall specify the time, place, manne...

Excerpt: .... 167, is GRANTED to the extent it requests that the court quash the service of summons. Code of Civil Procedure section 410.10, states in part, "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." Code of Civil Procedure section 418.10 states in part, "(a) A defendant, on or before the last day of his or her time to plead or within any further time that the c...

Excerpt: ..."A defendant ... has met his or her burden of showing that a cause of action has no merit that party has shown that one or more elements of the cause of action, 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 acti...

Excerpt: ...mendments; [9] (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and [91 (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. ['ll (b) Supporting declaration A separate declaration must accompany the motion...

Excerpt: ...int. [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. Golden Empire Transportation Transit District (2012) 209 Cal.App.4th 1228, 1238, provides, "This...

Excerpt: ...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 purpose of determining its effect, its allegations must be liberally construed, with a view to substantial just...