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: ...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: ...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: ...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...

Excerpt: ...m 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. Golden Empire Transportation Transit District (2012) 209 ...

Excerpt: ...ged 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 Transit District (2012) 209 Cal.App.4th 1228, 1238...

Excerpt: ...r 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 in the notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. [9] (b) A motion under...

Excerpt: ... 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 purpose of de...

Excerpt: ...he action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litgation.... (f) upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party's attorney, ...

Excerpt: ...laintiff/nominal defendant, even though a DOE Amendment was filed on June 1, 2023 to name Plaintiff's sister as a nominal defendant, Plaintiff now seeks to amend her operative complaint to avoid further technical issues with Defendants by including her sister Van Ly as a nominal defendant in this medical malpractice case." (Motion; 3:3- 8.) California Rules of Court, rule 3.1324 states in part, "(a) Contents of Motion [91 A motion to amend a plea...

Excerpt: ...rprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. However, in the case of a judgment, dismissal, order, or other proceeding determining the ownership or right to...

Excerpt: ...r and a of service in the form and content s#cified in Section 1013a has been recorded with the notice of pendency of action." Cade of Civil Procedure section 405.30 provides, in part, "At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notce.... Evidence or declarations may be file...

Excerpt: ...8, states, "The business records requested by the have been produced, without objection." (Opposition; 1:20.) Plaintiffs' Reply (Reply), filed on 11-14-23 under ROA No. 102, states, "As of the date of the filing of this reply, blue Wave has not produced all of the requested documents, and despite promises that all documents requested would produced." (Reply; 1:13-15.) Thus, it is unclear ifthis Moton is MOOT as to compelling compliance with the D...

Excerpt: ...all apply: . . . [q] (b) The party making the demand may move for an order compelling response to the demand." On 4-25-23, Defendant served Plaintiff (Brandon Spain) with "Defendant MKB Holdings, LLC's First Set of Requests for Production to Plaintiff Brandon Spain." (Lockwood Decl., '1 4 and Exhibit 2.) Defendant has not received any responses to this discovery request. (Lockwood Decl., '1 6.) Based on the above, the court GRANTS Defendant's (MK...

Excerpt: ...o arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [q] (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the rescission of the agreement." Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1219 (Toal), provides, "In Rosenthal v. Great Western Fin. Securites Corp. (1995) 14 Cal.4th 394, 58 Cal.Rptr.2d 875, 926 P.2d 1061 (Rosenthal ),...

Excerpt: ...ion may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.. " Braganza v. Albertson's LLC (2021) 67 Cal.App.5th 144, 152—153 (Braganza), explains, "Given the high stakes involved in motions for summary judgment and summary adjudication, continuances under section 437c, subdivision (h), are 'vi...

Excerpt: ...r her burden of showing that a cause of action has no merit if 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 action or a defense thereto... ....

Excerpt: ...y 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 justice...

Excerpt: ...h). "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 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 P...

Excerpt: ...525 Pursuant to Code of Civil Procedure S 436(b), (3) Order to Show Cause for Sanctions under Rule 2.30(b) filed on 10-18-23 under ROA No. 1553. Code of Civil Procedure section 391.6 states, "Except as provided in subdivision (b) of Section 391.3, when a motion pursuant 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, u...

Excerpt: ... corp. (1996) 14 cal.4th 394, 58 cal.Rptr.2d 875, 925 22d 1051 (Rosenthal j, our Supreme Court set forth the procedure to be followed when a petitioner seeks to compel arbitration: '[Wlhen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is e...

Excerpt: ...'s decision set forth below. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) Code of Civil Procedure section 438, subdivision (c)(1)(8) states, "If the moving party is a defendant, that either of the following conditions exist: [q] (i) The court has no jurisdiction of the subject of the cause of acton alleged in the complaint. [q] (ii) The complaint does not state facts sufficient to c...

Excerpt: ...ding shall, upon motion of a party to such achon or proceeding, stay the achon or proceeding until an arbitration is had in accordance with the orderto arbitrate or until such earlier time as the court s#cifies. If an application has been made to a court of competent jurisdiction, whether in this State or not, for an order to arbitrate a controversy which is an issue involved in an achon or proceeding #nding before a court of this State and such ...

Excerpt: ...he trial of an issue therein, or at the taking of a deposition, the court, upon moton reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modfying ft, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may mak...

Excerpt: ...s any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with section 2018.010) .. . (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories." On 7-8-21, Defendant served Plaintiff (Marie Keel) with "Form Interrogatories —General, Set No. One (1)" directed to Plaintiff. (Omnibus Bayuk Decl., "1 2, 5, and Exhib...

Excerpt: ...manding party deems that any of the following apply: [Y] (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. [q] (3) An objection in the response is without merit or too general. [91 (b) A motion under subdivision (a) shall comply with each of the following: (1) The motion shall set forth specific facts showing good cause justifying the discovery sought by...

Excerpt: ...t are still in dispute. Based on the Joint Statement, Plaintiff has agreed to withdraw RFP Nos. 19, 22, 23, 28-30, 36, 46, 47, 49, 50, 57-59, 61, 62, 66-68, 72-74, 75-81, 84, 85, 92-94, and 96, and Defendant has agreed to provide supplemental responses to RFP Nos. 18, 42, 45, 48, 51, 97-1W. Therefore, the court will only address the merits of this Motion as to RFP Nos. 1-17, 20, 21, 24-27, 31-25, 37-41, 43, 44, 52-56, 63-65, 59-71, 82-83, 86-91, ...

Excerpt: ...roversy, the court shall order the petitioner and the to arbitrate the controversy it determines that an agreement to arbitrate the controversy exists, unless it determines that: [q] (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the rescission of the agreement." Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1219 (Toal), provides, "In Rosenthal v. Great western Fin. securities corp. (1996) 14 cal.4th...

Excerpt: ... Defendants—Brenna Johnson's, Johnson Employment Law's, Virginia Ksadzhikyan's, and 8/8 Law Group's Special Motion to Strike Portions of Plaintiffs Complaint filed on 11-9-22 under ROA No. 53. (8-25-23 Minute Order.) Based on the Notice of Appeal, the court STAYS this action pursuant to Code of Civil Procedure section 916. Code of Civil Procedure section 916 states, "(a) Except as provided in Sections 917.1 to 917.9, inclusive, and in Secton 11...