Excerpt: ...istence of a “Notice of Disciplinary Charges” against Attorney—Timothy George McFarlin. 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 7-20-22, Plaintiffs' served Def...

Excerpt: ...r response to the demand if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following: [¶] (1) the motion shall set forth specific facts showin...

Excerpt: ...'s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, m...

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.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District...

Excerpt: ...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.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District (2012) 209 Ca...

Excerpt: ...nterrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or t...

Excerpt: ...5 Cal.App.5th 630, 637 (Lynn), states, “ ‘A trial court's authority to disqualify an attorney derives from the power inherent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.” [Citations.] Ultimately, disqualification motions involve a conflict between the clients' right...

Excerpt: ...ompelling further response to the demand if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following: [¶] (1)The motion shall set forth specif...

Excerpt: ...ete 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 (fns. 13 and 14 omitted), states, “Second, and generally, the party moving for summary judgment bears an initial burden of production to make...

Excerpt: ...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. [Citations.]” (County of K...

Excerpt: ...ions.]” (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.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District (2012) 209 Cal.App.4th 1228, 1238, pr...

Excerpt: ...f action for premises liability under Government Code section 835. (Complaint at p. 4, ¶ 4; 7-12-22 Minute Order.) On 7-12-22, the court sustained Defendant's (State of California) unopposed Demurrer to Plaintiff's Complaint (Demurrer), filed on 2-17-22 under ROA No. 22, with leave to amend. The court's 7-12-22 Minute Order states, “The court interprets Plaintiff's (Samuel Guard) Complaint, filed on 9-15-21 under ROA No. 2), as alleging a sing...

Excerpt: ...rty against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following: [¶] (a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Pa...

Excerpt: ...l notice of the existence of Exhibits 1, 2, 3, and 4, but not the truth of the matters asserted within Exhibits 1, 2, 3, and 4. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) The court DENIES the RJN as to Exhibit 5. Petitioner has brought a Second Amended Petition for Writ of Mandate (SAP), filed on 9-9-22 under ROA No. 254, against Respondent pursuant to Code of Civil Procedure sections 1085 and 1094.5. (SAP, ¶ 17.) Code of Civil Pr...

Excerpt: ... pleading. [¶] (b) Strike out all 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)(1), states, “Any party, within the time allowed to respond to a pleading may serve and file, a notice of motion to strike the whole or any part thereof, but this time limitation shall not apply to motions specified in subdivisi...

Excerpt: ...dence Code section 452, subdivisions (d) and (h). Plaintiffs' (My Tran and Anthony Angrisani) Objections to Declarations of Eng Tan, Umesh Lad, Vu Phuong, and Mohammad A. Fakhreddine filed on 2-7-23 under ROA No. 133: The court SUSTAINS Objection No. 7 as to the declaration of Eng Tan, and OVERRULES the remaining objections as to the declaration of Eng Tan. The court SUSTAINS Objection No. 14 to the declaration of Umesh Lad, and OVERRULES the rem...

Excerpt: ... the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: ¶ (1) An answer to a particular interrogatory is evasive or incomplete. ¶ (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. ¶ (3) An objection to an interrogatory is without merit or too general. ¶ (b)(1)...

Excerpt: ...that the court may for good cause allow, may serve and file a notice of motion 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. [¶] (2) To stay or dismiss the action on the ground of inconvenient forum. [¶] (3) To dismiss the action pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8.” “Personal ju...

Excerpt: ...pos, and Scott A. Noll) Request for Judicial Notice, filed on 11-8-22 under ROA No. 66, pursuant to Evidence Code section 452, subdivision (d), as to the existence of the Exhibit 1, but not as to the truth of the any matter asserted in Exhibit 1. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) Code of Civil Procedure section 425.16, subdivision (b), states, in part, “(1) A cause of action against a person arising from any act of that ...

Excerpt: ...tions designed to fairly balance the interests of the parties and the judicial system. Accommodation of the various interests, however, is usually made to a defendant in a civil action ‘from the standpoint of fairness, not from any constitutional right. [Citation.]' [Citation.] Courts that are confronted with a civil defendant who is exposed to criminal prosecution arising from the same facts ‘weigh the parties' competing interests with a vie...

Excerpt: ... refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for the rescission of the agreement. . . .” Sanchez v. Western Pizza Enterprises, Inc. (2009) 172 Cal.App.4th 154, 165-166...

Excerpt: ...se 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.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, “A party may move for summary adjudication as...

Excerpt: ...ing 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.” Code of Civil P...

Excerpt: ...h 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 (Atascadero).) 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 v...

Excerpt: ...n 9-22-22 under ROA No. 509, as to Exhibits 4, 5, 6, 7, and 8 pursuant to Evidence Code section 452, subdivision (d). The court DENIES the RJN as to Exhibits 1, 2, and 3 as immaterial to the court's decision set forth below. (Silverado Modjeska Recreation & 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 fa...