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: ...f any new matter constituting a defense." Code of Civil Procedure section 430.20, provides, "A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this 'uncertain' includes ambiguous and unintelligible. [q] (c) Where the answer pl...

Excerpt: ...ll or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." Code of Civil Procedure section 435, subdivision (b)(l), states, "Any party, within the time allowed to respond to a pleading may serve and file, a notice of moton to strike the whole or any part thereof, but this tme limitation shall not apply to motions specified in subdivision (e)." Pierson v. Sharp Memorial Hos...

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...

Excerpt: ...21-23 under ROA No. 449, is GRANTED. Code of Civil Procedure section 2025.420 states in part, " . "(b) The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: . " . . . The 2...

Excerpt: ...Civil Procedure section 581, subdivision (f), states, "The court may dismiss the complaint as to that defendant when: [q] (1) Except where Section 597 applies, after a demurrer to the complaint is sustained without leave to amend and either party moves for dismissal. (2) Except where Section 597 applies, after 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 eit...

Excerpt: ...e demand may move for an order compelling response to the demand." Moghaddam v. Bone (2006) 142 Cal.App.4th 283, 288 (Moghaddam), states, " 'Section 1013, subdivision (a), provides that the mailing of a notice is complete when it is in an envelope "addressed to the person on whom it is to served, at his office address as last given by him on any document which he has filed in the cause and served on the party making service by mail; otherwise at ...

Excerpt: ... Procedure secton 2031.310 states in part, "(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may mcwe for an order compelling further response to the demand if the demanding party deems that any of the following apply: ['ll (1) A statement of compliance with the demand is incomplete. [q] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [9] (3) An objectio...

Excerpt: ...nd nonissuance of the injunction. [Citations.]" (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 441-442; footnote 7 omitted.) "A trial court deciding whether to issue a preliminary injunction weighs two interrelated factors— the likelihood the moving party will prevail on the merits at trial and the relative balance of the interim harms that are likely to result from the granting or denial of preliminary injunctive relief. [Citation...

Excerpt: ... the proper court... Code of Civil Procedure section 395, subdivision (a) states in part, "Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the achon. Ifthe action is for injury to person or personal property or for...

Excerpt: ...ppears that Petitioner has attempted to file a Request for Judicial Notce on 8-22-23 under ROA No. 306. The document filed contains exhibits and does not comply with California Rules of Court, rule 3.1306(c). To the extent the ROA No. 305 is a request for judicial notice, the court GRANTS the request as to the existence of Exhibits 1 and 6. (Sosinsky v. Grant (1992) 5 Cal.App.4th 1548, 1564- 1570.) The court DENIES the Request for Judicial Notice...

Excerpt: ...). The court OVERRULES the remaining objections. Plaintiff's Request for Judicial Notice filed on 2-7-23 under ROA No. 137: The court DENIES Plaintiff's Request for Judicial Notice as to Exhibit Nos. 1, 2, 3, and 5 as immaterial to the court's ruling as set forth below. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) The court GRANTS Plaintiff's Request for Judicial Notice as to Exhibi...

Excerpt: ...e Code section 452, (c) and (h). (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264 (disapproved on other grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4th 919, 939, footnote 13.) the court DENIES the RJN as to Exhibit 3 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.).) "A demurrer tests the pleadi...

Excerpt: ...& Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) "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, Pi...

Excerpt: ...essly 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 Cal.App.4th ...

Excerpt: ...nder the legal control of a party, in any action in which the mental or physical condition (including the blood group) of that party or other person is in controversy in the action." Code of Civil Prmædure section 2032.310, states, in part, "(a) If any person desires to obtain discovery ... by a mental examination, the party shall obtain leave of court. [q] (b) A motion for examination under subdivision (a) shall specify the time, place, manner,...

Excerpt: ...l), our Supreme Court set forth the procedure to be followed when a petitioner seeks to compel arbitration: '[Wlhen a petition to com#l 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, any defense to its enforcement is raised, whether is enforceable. Because the existence of the agreement is a statutory prerequisite t...

Excerpt: ...specified in the deposition notice or a deposition the party seeking discovery may move the court for an order compelling that answer or production. [9] (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2015.040... ." "The right of privacy is an ' "inalienable right" ' secured by article l, section 1 of the California Co...

Excerpt: ...[q] (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories." On 1-13-23, Defendant served Plaintiff (Gavino Benitez) with "Form Interrogatories—General Set No. 1." (Ateshfaraz Decl., '1 3 and Exhibit 1.) Plaintiff did not timely respnd to this discovery request. (Ateshfaraz Decl., 5.) The declaration from Plaintiff's attorney states, "Despite the foregoing, all propunded discovery was resp...

Excerpt: ..."Request for Punitive Damages." (Request for Dismissal filed on 4-28-23 under ROA No. 14.) Further, the court notes that Defendants filed an answer to the Complaint on 6-5-23 under ROA No. 33 while this Motion was pending. The filing of the answer by Defendants indicates that the allegations in Plaintiff's Complaint, filed on 12-2-22 under ROA No. 2, were no longer at issue. Thus, it appears that the Moton is MOOT. Assuming that the Motion is not...

Excerpt: ...q] (1) An answer to a particular interrogatory is evasive or incomplete. [9] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [91 (3) An objection to an interrogatory is without merit or too general. A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040.... [Y] (c) Unless notce of this motio...

Excerpt: ...an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or re...

Excerpt: ...of judgment in the trial court--must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case or under rules 8.822 and 8.823 in a limited civil case.... (d) Extensions [q] For good cause, the trial judge may extend the tme for filing a moton for attorney's fees in the absence of a stipulation or for a longer period than allowed by stipulation... ." (Emphasis and italics in Cal. Rules...

Excerpt: ...se 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. Golden Empire...

Excerpt: ...on (h). (Fontenotv. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264 (disapproved on other grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 cal.4th 919, 939, footnote 13.) The court DECLINES TO RULE on Moving Parties' Evidentiary Objections, filed on 10-4-23 under ROA No. 155, as immaterial to the court's decision as set forth below. Civ. Proc., S 437c, subd. (q).) Code of Civ-l Procedure section 437c, subdivision (p)(l), st...

Excerpt: ...as a basis for adjudication. [Citation.] Substantive courtroom proceedings in ordinary civil cases, and the transcripts and records pertaining to these proceedings, are " 'presumptively open.' " [Citation.)' [Citation.)" California Rules of Court, rule 2.551, states, "(a) A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the partie...

Excerpt: ...or 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 possession of real or personal property, w...

Excerpt: ...ive or incomplete. [q] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [91 (3) An objection to an interrogatory is without merit or too general. (b)(l) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Secton 2015.040.... [Y] (c) Unless notice of this motion is given within 45 days of the service of the...

Excerpt: ...(Ashley Raminfard) Motion to Quash Subpoenas Seeking Plaintiff's Employment Records, or, in the Alternative, for a Protective Order (Motion), filed on 4-14-23 under ROA No. 173, is GRANTED in part and DENIED in part. Code of Civil Procedure section 1987.1 states, in part, "(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial...

Excerpt: ...against those plaintiffs 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." Co...

Excerpt: ...s, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion 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, modifying it, or directing compliance with it upon those terms or conditio...

Excerpt: ...r and the respondent to 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 [9] (b) Grounds exist for rescission of the agreement... ." Toal v. Tardif (2CG) 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...

Excerpt: ...ctions to the Declaration of Marilyn Weger filed on 9-14-23 under ROA No. 303: The court OVERRULES all of the objections. Code of Civil Procedure section 437c, subdivision (p)(2) provides, "A defendant ... has met his or 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 tha...

Excerpt: ... 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) 58 Cal.App.4th 445, 459.) Code of Civ-l 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. G...

Excerpt: ...n 1987 states in part, " . (b) In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an achon or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of a...

Excerpt: ...erms, any party affected by the order may, within 10 days after service upon the party of written notce of entry of the order and based upon new or different facts, circumstances, or law make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order ...

Excerpt: ...is or her mistake, inadvertence, surprise, 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 de...

Excerpt: ...r her mistake, inadvertence, surprise, 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... Ro Burns Constructions Co., Inc. v. Moore (2010) 184 Cal.App.4th 1406, 1413 (d...

Excerpt: ...rein, 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 moton after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may...

Excerpt: ...de of Civil Procedure section 425.16, subdivision (b), states, in part, "(1) A cause of acton against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probabilit...

Excerpt: ...or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of moton for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. [q] (2) To stay or dismiss the action on the ground of inconvenient forum. [q] (3) To dismiss the action pursuant to the applicable provisions of Chapt...

Excerpt: ...lete. [4] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [q] (3) An objection to an interrogatory is without merit or too general. (b)(l) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040.... [q] (c) Unless notice of this motion is given within 45 days of the service of the verified re...

Excerpt: ...an order compelling response to the interrogatories." Cuie of Civil Procedure section 2031.3[n 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: ... [9] (b) The party making the demand may mcwe for an order compelling response to the demand." The Moton seeks to compel responses to the followng discovery requests: (1) Form ...

Excerpt: ...he complaint does not state facts sufficient to constitute a cause of action against that defendant." Eckler v. Neutragena Corporation (2015) 238 Cal.App.4th 433, 439 (Eckler), states, " 'A motion for judgment on the pleadings serves the function of a demurrer, challenging only defects on the face of the complaint.' [Citation.] As with a demurrer, '[t]he grounds for a motion for judgment on the pleadings must appear on the face of the complaint o...

Excerpt: ...hose 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 Cal...

Excerpt: ...ilverado.).) The court DECLINES TO RULE on cross- Defendants' Evidentiary Objections (filed on 8-28-23 under ROA Nos. 207, 208, and 209) because they are immaterial to the court's decision as set forth below. Cross-complainants' (Chade M. Joher and Hussam H. Joher) Request for Judicial Notice, filed on 8-15-23 under ROA No. 191, is DENIED as immaterial to the court's ruling as set forth below. (Silverado Modjeska Recreation & Parks District v. Co...

Excerpt: ...are characterized as 'quasi-criminal,' with the judgments of conviction governed by rules applicable to criminal cases. [Citations.] For purposes of federal due process rights, however, contempt proceedings are either civil or criminal, depending on the nature of the proceedings and the relief afforded. [Citation.] If the punishment is remedial, and for the benefit of the complainant, it is civil. [Citation.] The basic idea of civil contempt has ...

Excerpt: ... required to be physically present with the deposition officer when being sworn in at the time of the deposition. [9] (b) Subject to Section 2025.420, any party or attorney of record may, but is not required to, be physically present at the deposition at the location of the deponent. If a party or attorney of record elects to be physically present at the location of the deponent, all physically present participants in the deposition shall comply ...

Excerpt: ...ounty of orange (2011) 197 cal.App.4th 282, 307, fn. 18 (Silverado.) The court OVERRULES the objection as to Exhibit N. The court SUSTAINS the following objections as set forth in Evidentary Objections: (1) Hand Decl., 7 and 18,; (2) Hand supp. Decl„ 10, 11, 12, 16, 17, 26, 30, 34, and (3) Fink Supp. Decl., 5, 8, 9, 10, 12, 13, 15, 17, 19, and 20 (except for the reference in 20 as to the need for expert testimony). The court OVERRULES the remai...

Excerpt: ...espondents' (Ed Sachs, Wendy Bucknam, Greg Raths, and City of Mission Viejo) Evidentiary Objections filed on 7-12-23 under ROA No. 432: The court DECLINES TO RULE on the objections asto Exhibits 8, C, D, E, F, G, H, l, J, K, L, M, N, O, and P as immaterial to the court's decision as set forth below under Silverado. The court SUSTAINS the following objections as set forth in Respondents' Evidentary Objections: (1) Hand Decl„ 14, 15, 16, 36, 37, ...

Excerpt: ...y further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: [q] (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. [q] (2) To stay or dismiss the action on the ground of inconvenient forum. [91 (3) To dismiss the action pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8." "Per...

Excerpt: ...the following apply: [9] (1) An answer to a particular request is evasive or incomplete. [q] (2) An objection to a particular request is without merit or too general. [9] (b)(l) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Secton 2015.040... . [q] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific lat...