Excerpt: ...tions have the same title, the court will identify them based on the date and time Plaintiff filed each of them with the court. Defendant's (Dan Fisher) Motion to Compel Responses to Specially Prepared Interrogatories (filed on 2-2-18 at 10:33 a.m.) is DENIED. The court notes that this motion applies to Defendant's request for a further response to Form Interrogatory 9.1(c). (Holzer Decl., ¶ 5.) Code of Civil Procedure section 2030.220, provides...

Excerpt: ...irmative defense “fails to state facts sufficient to constitute a defense.” Code of Civil Procedure section 430.20 states, “(a) 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 subdivision, ‘uncertain' ...

Excerpt: ...me before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” “Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including during trial, when no prejudice to the opposing party is shown. However, even if a good amendment is proposed in proper form, unwarranted delay in presenti...

Excerpt: ...at a student has a privacy interest in these documents. Although the court will not remove Exhibit G—Tab 6 and Exhibit J from the Administrative Record (AR) conditionally filed under seal, the court orders Respondent to file copies Exhibit G—Tab 6 and Exhibit J unsealed. California Rules of Court, rule 2.550(d), states, The court may order that a record be filed under seal only if it expressly finds facts that establish: [¶] (1) There exists...

Excerpt: ...resulting default entered by the clerk against his or her client . . . or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing c...

Excerpt: ... record that she understood and agreed to the terms of the settlement. (See 11-20-17 Minute Order.) The court retained jurisdiction pursuant to Code of Civil Procedure section 664.6. Court clerk is to give notice. ...

Excerpt: ...9). The Complaint alleges Defendants “were negligent, reckless and careless in their business operations” and were negligent, reckless and careless “in their provision of mail box and mail related services to the plaintiffs.” (Complaint, ¶ 9). The above statements are mere conclusions which do not identify the underlying supportive facts. Plaintiff has failed to sufficiently plead or ordinary duty of care or breach of that duty. (Berkley...

Excerpt: ... of the motion in order to decide if it should award attorney fees and costs to the defendants. [Citations.]” “ . . . [W]hen plaintiff dismissed its case at a time when defendants' anti-SLAPP motion was pending, the trial court continued to have jurisdiction over the case only for the limited purpose of ruling on the defendants' motion for attorney fees and costs.” [Citations.] (Ibid.) The Special Motion to Strike brought by Defendants Dana...

Excerpt: ...r other decision, or the verdict or other decision is against law. [¶] A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision . . . unless after weighing the evidence the court is convince from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.” “When a trial court rules on a motio...

Excerpt: ...Cal.App.4 th612, 616.) The court finds the facts pled as to these causes of action are not so uncertain that Defendant cannot reasonably respond. Second as to the fifth cause of action, Plaintiff pled sufficient facts showing that he relied on Defendant's misrepresentation (“experienced and knowledgable”) by entering into a contract based on this misrepresentation. (FAC, ¶¶ 10-13.) Third, as to the fifth cause of action, Defendant contends ...

Excerpt: ...intiff contends that Defendant has failed to comply with the settlement agreement by failing to give these funds to Plaintiff. Here, the transcript of the settlement agreement, attached as Exhibit A to the motion, states, “All remaining proceeds from the sale of the property shall be paid to Plaintiff.” (RT 5:7-12.) The transcript also indicates, “The Court: And that after the deed of trust is paid from the sale's proceeds, plus the costs, ...

Excerpt: ...part, “Within 30 days after service of the requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .” Code of Civil Procedure section 2033.260, subdivision (a), explains, “The party requesting admissions and the responding party may agree to extend the time for service of a response to...

Excerpt: ... Plaintiff to prove by a preponderance of evidence a ground for denial. Plaintiff filed a Notice of Non-Opposition to Defendant's Motion to Compel Arbitration” on 2-27-18. Thus, the motion is GRANTED. The court stays this action pursuant to Code of Civil Procedure section 1281.4. The court sets this case for an arbitration review hearing on 9-7-18 at 9:00 a.m. in Department C19. Plaintiff is to give notice. ...

Excerpt: ...er or for the renewal of a previous motion may be considered by any judge or court unless made according to this section.” The Motion was filed on November 22, 2017, well in excess of the 10 days permitted by Code of Civil Procedure section 1008, subdivision (e). Le Francois v. Goel (35 Cal.4 th 1094, 1107, states, “We hold that sections 437c and 1008 limit the parties' ability to file repetitive motions but do not limit the court's ability, ...

Excerpt: ...Cal.App.4 th612, 616.) The court finds the facts pled as to these causes of action are not so uncertain that Defendant cannot reasonably respond. Second as to the fifth cause of action, Plaintiff pled sufficient facts showing that he relied on Defendant's misrepresentation (“experienced and knowledgable”) by entering into a contract based on this misrepresentation. (FAC, ¶¶ 10-13.) Third, as to the fifth cause of action, Defendant contends ...

Excerpt: ...pplicable statute of limitation for the fifth cause of action. Code of Civil Procedure section 338, subdivision (d), is the applicable statute of limitation for the sixth cause of action because it appears to be based on fraud. Code of Civil Procedure section 335.1 is the applicable statute of limitation for the seventh cause of action. (Pugliese v. Superior Court (2007) 146 Cal.App.4 th 1444, 1450.) “ ‘ “A demurrer based on a statute of li...

Excerpt: ...ade secrets. [¶] (b) This title does not affect (1) contractual remedies, whether or not based upon misappropriation of a trade secret, (2) other civil remedies that are not based upon misappropriation of a trade secret, or (3) criminal remedies, whether or not based upon misappropriation of a trade secret.” Civil Code section 3426.8 provides, “This title shall be applied and construed to effectuate its general purpose to make uniform the la...

Excerpt: ...ion (a), provides, “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” First, the court GRANTS the Motion to Strike ¶ 75 of the SAC without leave to amend. Although Plain...

Excerpt: ...bmitted in the case or the jury instructions given in this case.” (Motion: 2:14-16). Thereafter, Plaintiff repeats many of the arguments put forth in connection with its prior Motion for Entry of Judgment. To the extent this Motion is intended to challenge this denial (which occurred on October 10, 2017), there has been no showing of compliance with Code of Civil Procedure section 1008. Although Plaintiff asserts the court neglected to consider...

Excerpt: ...gatory by any of the following: [¶] (1) An answer containing the information sought to be discovered. [¶] (2) An exercise of the party's option to produce writings. [¶] (3) An objection to the particular interrogatory.” Code of Civil Procedure section 2030.220, provides, “(a) Each answer in a response to interrogatories shall be as complete and straight forward as the information reasonably available to the responding party permits. [¶] (...

Excerpt: ... 7:1-6.) ¶ 17 of the XC indicates a loss of “equity.” ¶ 18 of the XC alleges, “personal injury to cross complainants, including intense worry and concern, loss of sleep, inability to eat, headaches, and other conditions.” As to the Cross-Defendants' argument that the Statute of Frauds bars the XC, Cross- Complainants have pled claims for negligence, negligent infliction of emotional distress, intentional infliction of emotional distress...

Excerpt: ...r her mistake, inadvertence, surprise, or neglect vacate any (1) resulting default entered by the clerk against his or her client . . . or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall whenever relief is granted based on an attorney's affidavit of fault, direct the attorney ...

Excerpt: ... section may only be made on one of the following grounds: . . . [¶] (B) If the moving party is a defendant, that either of the following conditions exist: . . . [¶] (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Kapsimallis v. Allstate Insurance Company (2002) 104 Cal.App.4 th 667, 672, explains, “A judgment on the pleadings in favor of the defendant is appropriate when the compl...

Excerpt: ...e Code section 452, subdivisions (d) and (h). However, the Court declines to take judicial notice of hearsay statements contained in the court's records. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564.) “ ‘In determining the sufficiency of a complaint against a demurrer a court will consider matters that may be judicially noticed.' [Citation.] A court may take judicial notice of something that cannot reasonably be controverted, even if it...

Excerpt: ...e more expensive or difficult.” (CACI No. 2201). ¶ 32 of the FAC states, “By engaging in the misconduct alleged herein, Defendants intended to, and did substantially disrupt and interfere with the performance of the APA by soliciting loan officers at BHL to take their books of business to Fairway instead of Caliber, which disrupted Caliber's contractual ability to acquire that business.” ¶ 28 of the FAC explains, , “Because of Defendant...

Excerpt: ...onship.” The declaration submitted in support of this Motion supports withdrawal under Rules of Professional Conduct, rule 3-700, subdivision (C)(1)(d). Moving Counsel will remain the attorney of record for Mr. Contreras until Moving Counsel files proof of service of the signed order upon the Mr. Contreras. The order will become effective upon the filing of the proof of service upon Mr. Contreras. The court schedules this case for a Case Manage...

Excerpt: ... section may only be made on one of the following grounds: . . . [¶] (B) If the moving party is a defendant, that either of the following conditions exist: . . . [¶] (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Kapsimallis v. Allstate Insurance Company (2002) 104 Cal.App.4 th 667, 672, explains, “A judgment on the pleadings in favor of the defendant is appropriate when the compl...

Excerpt: ... that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. [¶] (b) The court shall make this order unless it finds any of the following: [¶] (1) An objection to the request was sustained or a response to it was waived under Section 2033.290. [...

Excerpt: ...ion (a), provides, “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” First, the court GRANTS the Motion to Strike ¶ 75 of the SAC without leave to amend. Although Plain...

Excerpt: ...gatory by any of the following: [¶] (1) An answer containing the information sought to be discovered. [¶] (2) An exercise of the party's option to produce writings. [¶] (3) An objection to the particular interrogatory.” Code of Civil Procedure section 2030.220, provides, “(a) Each answer in a response to interrogatories shall be as complete and straight forward as the information reasonably available to the responding party permits. [¶] (...

Excerpt: ...licy of permitting trial on the merits' [citation]. [¶] It was his burden to demonstrate ‘that due to some mistake, either of fact or of law, of himself or of his counsel, or though some inadvertence, surprise or neglect which may properly be considered excusable, the judgment or order from which he seeks relief should be reversed.' [Citation.]” (Hopkins & Carley v. Gens (2011) 200 Cal.App.4 th 1401, 1410; italics in original.) “A party se...

Excerpt: ...leading. [¶] (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.” First, Plaintiff (Martha Johnson) filed a Notice of Non-Opposition to Defendant's Wells Fargo Motion to Strike Portions of Plaintiff's Second Amended Complaint. Plaintiff does not opposed Defendant's motion. Second, Plaintiff is limited to injunctive relief only pursuant to Civil Cod...

Excerpt: ...tice 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.” Code of Civil Procedure section 1987.1, subdivision (b), allows a witness to bring a motion to quash. The subpoena seeks the employment records of FLC present or former employees David Medina, Robert Voss, Frank Leyva, Christo...

Excerpt: ...ure section 2033.250, subdivision (a), provides, in part, “Within 30 days after service of the requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .” Code of Civil Procedure section 2033.260, subdivision (a), explains, “The party requesting admissions and the responding party may a...

Excerpt: ... well established that ‘California courts “have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others.” [Citation.] Indeed, “it is a rare case in which ‘a court will be justified in refusing a party leave to amend his [or her] pleading so that he [or she] may properly present hi...

Excerpt: ...rovencher (2002) 28 Cal.4th 274, 280-281.) Unless Cross-Complaints can establish at the hearing how they can plead a valid claim, the court will sustain the demurrer without leave to amend. (Hendy v. Losse (1991) 54 Cal.3d 723, 742. Cross-Defendants are to to give notice. ...

Excerpt: ...42, 750.) Thus, the opposition on this ground is overruled. The FAC asserts four causes of action against four defendants (Hernan Orozco, Villa Properties Realty, Bryan Pugh and Tony Nguyen), but fails to adequately identify the defendant affected by each cause of action. This failure causes confusion because it impairs the ability of the Defendants to adequately respond to the FAC. That is, it appears that Defendant cannot reasonably determine w...

Excerpt: ...swer is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible. . . . .” “ ‘The familiar terms “general demurrer” and “special demurrer” do not appear in the statutes. The name “general demurrer” is, however, universally applied to a demurrer raising the fundamental ground: “The pleading does not state fats sufficient to constitute a cause of action.” [Citation.]' [Citations.]” (McKenne...

Excerpt: ...ginal of the response to them on the propounding party . . . .” Code of Civil Procedure section 2030.270, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the followi...

Excerpt: ...C v. Airborne Turbine Ltd. Partnership (2013) 222 Cal.App.4 th 815-816, states, “The trial court is authorized to amend a judgment to add judgment debtors. [Citation.]The judgment may be amended to add additional judgment debtors on the ground that a person or entity is the alter ego of the original judgment debtor. [Citation.] It is an equitable procedure based on the theory that the court is not amending the judgment to add a new defendant bu...

Excerpt: ...resulting default entered by the clerk against his or her client . . . or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing c...

Excerpt: ...g party . . . .” Code of Civil Procedure section 2030.270, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propou...

Excerpt: ...ic rules of civil litigation. Trial judges must acknowledge that in propria persona litigants often do not have an attorney's level of knowledge about the legal system and are more prone to misunderstanding the court's requirements. When one party has counsel and the other does not, the trial court should monitor to ensure the in propria persona litigant is not inadvertently misled, either by the represented party or by the court. Special care sh...

Excerpt: ...51, 974.) “A plaintiff's burden in asserting a fraud claim against a corporate employer is even greater. In such a case, the plaintiff must ‘allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written.' [Citation.] (Lazar v. Superior Court (1996) 12 Cal.4 th 631, 645.) The FAXC adequately alleges fraud as follows (1) G...

Excerpt: ...il on 12-28-17. The Notice of Hearing, filed on 1-10-18, shows Defendant received notice of the hearing set for 2-13-18 at 1:30 p.m. Second, an attachment may issue only upon a claim for money based upon an express or implied contract. (Code Civ. Proc., § 483.010, subd. (a).) Plaintiff has established that its claim is one upon which attachment may be issued since its claim is for money based on an implied contract. Here, the Complaint alleges c...

Excerpt: ...and Donna Chavez (collectively Chavez) (Defendants, Cross- Complainants, and Cross-Defendants.) City moves for Summary Judgment on the Cross- Complaint filed on 8-14-17 by Holt Meyer (Defendant, Cross-Complainant, and Cross- Defendant). Request for Judicial Notice: The Court GRANTS Plaintiffs' Request for Judicial Notice of Exhibits 6-1, 6-2, and 6-3 (La Habra Municipal Code sections 12.20.100, 12.20.010, and 12.20.080) pursuant to Evidence Code ...

Excerpt: ...e section 2030.270, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an...

Excerpt: ...70, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an order compellin...

Excerpt: ...ade, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” Code of Civil Procedure section 1287.4 provides, in part, “If an award is confirmed, judgment shall be entered in conformity therewith.” Here, Defendants (James Merizan and Jeannie Merizan) do not challenge the validity of the arbitration award. Thus,...

Excerpt: ...e judgment, dismissal, order, or proceedings was taken.” Here, a copy of the proposed answer was not attached to the application. Further, the Proof of Service does not comply with Code of Civil Procedure section 1013a, subdivision (a), because the affidavit did not contain “. . . the name and address of the person served as shown on the envelope . . . .” Defendant is to file a proper Proof of Service of the moving papers no later than Febr...

Excerpt: ...eglect.” “Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. [Citation.] In such situations ‘very slight evidence will be required to justify a court in setting aside thre default.' [Citation.]” (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233; see also, Fasuyi v. Permatex, Inc. (Fasuyi) (2008) 167 Cal.App.4 ...

Excerpt: ...es, “(a) If a deponent fails to . . . produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in . . . a deposition subpoena, the party seeking discovery may move the court for an order compelling that . . . production. [¶] (b) The 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 declar...

Excerpt: ...ng 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 . . . [¶] (3) An objection to an interrogatory is without merit or too general.” Code of Civil Procedure section 2030.220, provides, “(a) Each answer in a response to interrogatories shall be as complete and straight forward as the information re...

Excerpt: ...essional Conduct, rule 3-700, subdivisions (C)(1)(d) and (C)(1)(f). Moving Counsel will remain the attorney of record for Air802, LLC until Moving Counsel files proof of service of the signed order upon Air802, LLC. The order will become effective upon the filing of the proof of service upon Air802, LLC. Moving counsel to give notice. Moving Counsel's (Law Offices of Thomas F. Nowland) unopposed Motion to be Relieved as Counsel for Defendant—Mi...

Excerpt: ...his litigation and prepare the case for trial. Client has also failed to assist counsel in the litigation and there is currently a breakdown of the attorney-client relationship.” The declaration submitted in support of this Motion supports withdrawal under Rules of Professional Conduct, rule 3-700, subdivisions (C)(1)(d) and (C)(1)(f). Moving Counsel will remain the attorney of record for Mr. Lee until Moving Counsel files proof of service of t...

Excerpt: ...s 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 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 ther...

Excerpt: .... . . .” Code of Civil Procedure section 576 provides, “Any judge, at any time before or after the commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading . . . .” “A court, at any time before or after commencement of trial, may allow an amendment to a pleading in furtherance of justice. [Citation.] Where no prejudice is shown to the adverse party, the liberal rul...