Excerpt: ...e court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Sanchez v. Superior Court (1988) 203 Cal.App. 3d 1391, 1396 (Sanchez), states, “There are two types of consolidation: a complete consolidation resulting in a single action, and a consolidation of s...

Excerpt: ...]” (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, provide...

Excerpt: ... 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.4 th 1228, 1238, provides, “This rule of liberal con...

Excerpt: ...f 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.” Code of Civil Procedure section 1032, subdivision (...

Excerpt: ...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 subdivision (e).” Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342, e...

Excerpt: ... a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: [¶] (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of liti...

Excerpt: ...ns.]” (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.4 th 1228, 1238, provides, “This rul...

Excerpt: ...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.” Global Financial Distributors, In...

Excerpt: ...ions against Defendants (Surf City Auto Group, Inc. (Surf City) and FCA US LLC (FCA)). The Complaint alleged violation of statutory obligations against both Defendants. (Complaint, ¶¶ 198-241.) On 9-29-21 under ROA No. 86, Plaintiff filed a Request for Dismissal, with prejudice as to Defendant—Surf City Auto Group, Inc. Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14...

Excerpt: ...d D only as to their pursuant to Evidence Code section 452, subdivision (d). Code of Civil Procedure section 2023.010 states, in part, “Misuses of the discovery process include, but are not limited to, the following: . . . [¶] (d) Failing to respond or submit to an authorized method of discovery. . . [¶] (g) Disobeying a court order to provide discovery.” Section 2023.030 provides, “To the extent authorized by the chapter governing any pa...

Excerpt: ... to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the ...

Excerpt: ...or hearing on 2-8-22. If the parties have not properly filed a Notice of Settlement, the court requests the parties to appear on 2-8-22 to explain the status of the case. If the case has not settled, then the court issues the tentative ruling set forth below. Defendants' (Thermo Power, Inc. and Ed Lydic) Motion for Leave to File an Amended Answer (Motion), filed on 1-18-22 under ROA No. 38, is GRANTED. Plaintiff's (Blanca Munoz) objections nos. 1...

Excerpt: ...] (b) The application shall be executed under oath and shall include all of the following: [¶] (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. [¶] (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came i...

Excerpt: ...n or filed in conformity with the laws of this state, a court rule, or an order of the court.” Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342, explains, “Preliminarily, we note a motion to strike is generally used to reach defects in a pleading which are not subject to demurrer. A motion to strike does not lie to attack a complaint for insufficiency of allegations to justify relief; that is a ground for general demurr...

Excerpt: ...thorized method of discovery. . . [¶] (g) Disobeying a court order to provide discovery.” Section 2023.030 provides, “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery ...

Excerpt: ...shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense th...

Excerpt: ...016.040. [¶] (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: . . . .” Code of Civil Procedure lists 16 orders that a court can include in a protective order. (...

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.4 th 1228, 1238, provides...

Excerpt: ...f 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.4 th 1228, 1238, provides, “This rule of liberal co...

Excerpt: ...ro 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.4 th 1228, 1238, provides, “This rule of liberal construction...

Excerpt: ...aint. [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.4 th 1228, 1238, provide...

Excerpt: ...court in accordance with Section 483.015 or 483.020, if it finds all of the following: [¶] (1) The claim upon which the attachment is based is one upon which an attachment may be issued. [¶] (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. [¶] (3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. [¶] (4) The amount to be s...

Excerpt: ...] (b) The application shall be executed under oath and shall include all of the following: [¶] (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. [¶] (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came i...

Excerpt: ...omplaint. [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.4 th 1228, 1238, pro...

Excerpt: ...lies on its Demurrer to First Amended Complaint (Demurrer), filed on 6-17-21 under ROA No.374. Plaintiff (Paula Gilbert- Bonnaire) also relies on Plaintiff's Opposition to Americana Trust Deed Services' Demurrer to the First Amended Complaint (Opposition) filed on 7-6-21 under ROA No. 407. (Joint Statement filed on 1-6-22 under ROA No. 498.) Therefore, the court relies on Deft.'s P&A and the Opposition in addressing the Defendant's Amended Notice...

Excerpt: ...rrill 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.4 th 1228, 1238, provides, “This rule of liberal construction means t...

Excerpt: ...perly 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 p...

Excerpt: ...he 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.4 th 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 a prima facie showing of the nonexistence...

Excerpt: ...ive 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 parties. [¶] (b)(1) A party requesting that ...

Excerpt: ...]” (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.4 th 1228, 1238, provides, “This rule o...

Excerpt: ...o sustain its burden of proof. [Citation.] In order to prevail on a motion for a continuance for jurisdictional discovery, the plaintiff should demonstrate that discovery is likely to lead to the production of evidence of facts establishing jurisdiction. [Citation.] Plaintiffs in this matter did not do so. We have already rejected their related claim that the trial court should have drawn an inference from evidence implicating other alleged consp...

Excerpt: ...nth Circuit explained in Martin-Trigona v. Champion Fed. Sav. (7th Cir. 1989) 892 F.2d 575, 577: ‘[T]he policy behind the statute . . . is to protect the bankrupt's estate from being eaten away by creditors' lawsuits and seizures of property before the trustee has had a chance to marshal the estate's assets and distribute them equitably among the creditors. H.R.Rep. No. 595, 95th Cong., 1st Sess. 340 (1977), U.S. Code Cong. & Admin.News 1978, p...

Excerpt: ...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 Procedure section 437c, subdivision (f)(1...

Excerpt: .... 7 and 8 to Plaintiff's (Martha Morrison). The court OVERRULES the remaining objections to Plaintiff's declaration. The court does not rule on the objections to the declaration of Anthony Graham because they are immaterial to the court's decision. (Code Civ. Procl., 437c, subd. (q).) 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 ...

Excerpt: ...-15-21. (12-21-21 Minute Order.) The 1-15-21 date for the Reply appears to be a mistake in the minute order since it is after the date of the hearing. Dorrises move for relief pursuant to Code of Civil Procedure sections 475 and 473, subdivisions (a)(1) and 473(b). (Motion; 6:23-8:17.) Code of Civil Procedure section 473, subdivision (b) provides in part, “The court may, upon any terms as may be just, relieve a party or his or her legal represe...

Excerpt: ...r or employee and shall not become a personal liability of the public official. If the court finds that the requester's case is clearly frivolous, it shall award court costs and reasonable attorney's fees to the public agency.” “ ‘A plaintiff prevails within the meaning of section 6259, subdivision (d), “ ‘when he or she files an action which results in defendant releasing a copy of a previously withheld document.' [Citation.]” [Citat...

Excerpt: ...violation of statutory obligations against both Defendants. Although not filed with the court, it appears that Plaintiffs filed a First Amended Complaint (FAC) against both Defendants because both Defendants filed an answer to the FAC on 6-14-21 under ROA Nos. 49 and 50.) On 11-17-21 under ROA No. 79, Plaintiffs filed a Request for Dismissal as to Tuttle-Click while Tuttle-Click's Motion to Compel Arbitration and this Motion were pending. Toal v....

Excerpt: .... That this court should now consider entering its order vacating and setting aside the Dismissal filed/entered on July 9, 2021, and allow Plaintiff to litigate this matter on the merits as against all proper defendants.” (Motion; 5:11-27.) The Motion also asserts, “That as a resulte of this mistake, inadvertence, surprise, excusable neglect and/or extrinsic fraud, MOVANTS will be denied to have this matter fairly determined on the merits.”...

Excerpt: ...Ghane) filed “Amended3 Notice of Motion to Strike, Or in the Alternative, to Tax Costs” directed to West Coast Towing Services, Inc. & Farahnaz Gorjiyan. On 11-8-21 under ROA No. 1004, Plaintiffs (Ruhangiz Raimova and Esmail Ghane) filed “Amended2 Notice of Motion to Strike, Or in the Alternative, to Tax Costs” directed to Clear Choice Lien Services, Inc. On 11-9-21 under ROA No. 1007, Plaintiffs (Ruhangiz Raimova and Esmail Ghane) filed ...

Excerpt: ...ROA No. 62. The court construes the MPO as the Opposition and a request for a protective order. Code of Civil Procedure section 2025.480, states, in part, “(a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compel...

Excerpt: ...Defendant agree that the court can hear this Motion as directed toward the SAC. (Joint Stipulation filed on 11-24- 21 under ROA No. 488.) The court GRANTS Defendant's Request for Judicial Notice (RJN), filed on 6-21-21 under ROA No. 382, pursuant to Evidence Code section 452, subdivision (d). The court GRANTS Plaintiff's Request for Judicial Notice (RJN), filed on 7-1-21 under ROA No. 401, pursuant to Evidence Code section 452, subdivision (d). D...

Excerpt: ...tions exist: [¶] (i) The court has no jurisdiction of the subject of the cause of action alleged in the complaint. [¶] (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Eckler v. Neutragena Corporation (2015) 238 Cal.App.4 th 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....

Excerpt: ...NIES the Plaintiffs' Request for Judicial Notice as to the remainder of the exhibits. The court GRANTS Defendants' Request for Judicial Notice, filed on 12-20-21 under ROA No. 85, pursuant to Evidence Code section 452, subdivision (h). The court SUSTAINS all of Plaintiffs' Evidentiary Objections to the Declaration of Ian M. Mackins filed on 12-10-21 under ROA No. 79. Code of Civil Procedure section 395, subdivision (a), states in part, “(a) Exc...

Excerpt: ...a, the party seeking discovery may move the court for an order compelling that answer or production. [¶] (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 2016.040.” Code of Civil Procedure section 1987.1, provides Code of Civil Procedure section 1987.1 states, in part, “(a) If a subpoena requires the attendance of ...

Excerpt: ...e burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a d...

Excerpt: ...ied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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 Tr...

Excerpt: ....App.4 th 1371, 1375 (Shah), states, “Second, the conclusion the automatic stay provision is inapplicable to suits brought by the debtor is consistent with the policy behind section 362(a)(1)—protection of the debtor and of the creditors. As the court of Appeals for the Seventh Circuit explained in Martin– Trigona v. Champion Fed. Sav. (7th Cir.1989) 892 F.2d 575, 577: ‘[T]he policy behind the statute . . . is to protect the bankrupt's es...

Excerpt: ..., “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4 th 1241, 1250 (Strathvale), states, “Lack of personal jurisdiction renders a judgment (or default) ...

Excerpt: ...nstrues Cross- Complainant's request as a request to vacate the court's 9-14-21 order. The court's 9-4-21 order sustained Cross-Defendant's Demurrer to the First Amended Cross-Complaint of Amir Foad John Aflatooni (Demurrer). Cross-Defendant filed this Demurrer on 5-12-21 under ROA No. 236. Code of Civil Procedure section 473, subdivision (b), states, in relevant part, “The court may, upon any terms as may be just, relieve a party or his or her...

Excerpt: ...ement of compliance with the demand is incomplete. [¶] A representation of inability to comply is inadequate, incomplete, or evasive. [¶] An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with both of the following: [¶] (1) The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. [¶] (2) The motion shall be accompanied by a meet...