Excerpt: ...(q).) The court DECLINES TO RULE on Defendants' Evidentiary Objections (filed on 8-28-23 under ROA No. 427, 428, and 429) as immaterial to the court's decision as set forth below. (Code Civ. Proc., S 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 that party has shown that one or more elements of the cause of action, e...

Excerpt: ...way of email on 12-1-22. (ROA No. 554.) Plaintiff filed this Motion on 2-1-23 which is 62 days after the Notice of Entry of Judgment or Order. Plaintiff's Reply (Reply), filed on 5-25-23 under ROA No. 578, states, "Code of Civil Procedure adds additional two court days to the deadline in the event service is effectuated electronically, as it was here." (Reply; 3:18-20 (Emphasis in Reply.).) California Rules of Court, rule 3.1702(b)(1), state,: "A...

Excerpt: ...bit 4 pursuant to Evidence Code section 452, subdivisions (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 (Silv...

Excerpt: ...- complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party 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 def...

Excerpt: ...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 conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to pr...

Excerpt: ...a petitioner seeks to compel arbitration: ‘[W]hen 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 enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden ...

Excerpt: ...iled on 8-24-23 under ROA No. 141) as immaterial to the court's decision as set forth below. (Code Civ. Proc., § 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 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 ...

Excerpt: ...ed, 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 revoke the prior order. The party making the application shall state by affidavit what application was made befo...

Excerpt: ...imited by this code. Code of Civil Procedure section 576 states, “Any judge, at any time 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.” Royal Thrift & Loan Co. v. County Escrow, Inc. (2004) 123 Cal.App.4th 24, 41-42 (Royal) , states, “ ‘[Code of Civil Procedure] section 437 permits the trial court in its disc...

Excerpt: ...s and attorney's fees to a prevailing plaintiff in litigation filed pursuant to this section. Reasonable attorney's fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff's prosecution of the action was not in good faith.” The court notes that Civil Code section 1780, subdivision (e), allows Plaintiff to seek attorneys' fees and costs. (Motion; 7:17- 18 and Opposition; 10:25-28.) The parties do not appear t...

Excerpt: ...as to Exhibit 4 pursuant to Evid. Code, § 452, subd. (d). The court GRANTS the RJN as to Exhibit 3 pursuant to Evidence Code section 452, subdivision (d), to the extent it requests the court to take judicial notice of its ruling on 10-4-22. The court DENIES the RJN as to Exhibit 1. Code of Civil Procedure section 2033.420, subdivision (a), states, “If a party fails to admit the genuineness of any document or the truth of any matter when reques...

Excerpt: ...fied Petition alleges the following causes of action: (1) Writ of Mandate for Violation of Government Code sections 6250 et seq.; (2) Declaratory Relief; and (3) Injunctive Relief. (Petition.) Respondents (Todd Spitzer and County of Orange) filed their Answer to the Petition on 1-3-23 under ROA No. 21. The Petition pertains to five requests pursuant to the California Public Records Act (CPRA). (Petition; ¶ 3.) The Petition alleges the five reque...

Excerpt: ...de 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 that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a...

Excerpt: ...the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. [¶] (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: [¶] (1) The party. [¶] (2) An attorney who represents the part...

Excerpt: ...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: C'] (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. [Tl] (b) A motion under subdivision (a) shall c...

Excerpt: ...onal Payments Systems, LLC, Sabin Burrell, and John Hynes). (Motion 1:3-11.) On 3-28-23, the court ordered the parties to meet and confer in an attempt to reach agreement on the Motion and to file a Joint Statement regarding any remaining discovery dispute. (3-28-23 Minute Order.) On 6-29-23 under ROA No. 286, the parties filed a Joint Status Report (Report.) According to the Report, the parties have resolved their dispute as to SI Nos. 21, 22, a...

Excerpt: ...court and is not entitled to take any further steps in the cause affecting plaintiff's right of action; he cannot thereafter, until such default is set aside in a proper proceeding, file pleadings or move for a new trial or demand notice of subsequent proceedings.' [Citation.]” (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385–386 (Devlin).) Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1301 (Sporn), st...

Excerpt: ...bdivision (d). Code of Civil Procedure section 418.10 subdivision (a) states in pertinent part: “(a) A defendant, on 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 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.” Code of Civil Procedure...

Excerpt: ... contends that it is entitled to attorney's fees from Femtometrix. . . . This claim is without merit. As stated above, the Court found its Final Statement of Decision that the rescission voided the assignment to Ascentium. . . . None of the cases cited by Ascentium involve an assignment, let alone an assignment was [sic] voided by the rescission of the underlying contract.” (Opposition; 4:1-5.) The Opposition further states, “Moreover, in add...

Excerpt: ...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.” P e r e z v . G o l d e n E m p i r e...

Excerpt: ...division (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....

Excerpt: ...dure section 481.010 et seq. Generally, an order of attachment may be issued only in an action for a claim of money that is based upon an express or implied contract where the total amount of such claim is a fixed or ‘readily ascertainable' amount not less than $500. (§ 483.010, subd. (a).) [¶] Before an attachment order is issued, the court must find all of the following: (1) the claim upon which the attachment is based is one upon which an ...

Excerpt: ...Orange (2011) 197 Cal.App.4th 282, 307, fn. 18 (Silverado.) “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...

Excerpt: ...d 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.” P e r e z v . G o l d e n E m p i r e T r a...

Excerpt: ...osition notice or a deposition subpoena, 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. . . .” It is somewhat unclear as to the relief that Plaintiff seeks. The Motion states that Plaintiff seeks “. . ....

Excerpt: ... 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) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (c) Unless notice of this ...

Excerpt: ...Motion also states, “Here, Specially Appearing Defendants have alleged that Defendants were not personally served at any time of the purported service after which the burden then shifts to Plaintiff to show that the purported service of the summons and complaint on Specially Appearing Defendants is valid.” (Motion; 6:4-8.) Plaintiff's (Tonia Gadson) Opposition to Specially Appearing Defendants' Motion to Strike and Motion to Quash Service of ...

Excerpt: ...uiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, ‘attorney's fees' means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract. [¶] (b) The motion shall be made on the grounds that the plaintiff resides out of the state . . . and that there is a reas...

Excerpt: ...) 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: [¶] (a) Strike out any irrelevant, false, or improper matter inserted in any 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 sectio...

Excerpt: ...hat 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), p...

Excerpt: ...ge (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 Respondent's Evidentiary Objections: (1) Hand Decl., ¶¶ 7 and 18,; (2) Hand Supp. Decl., ¶¶ 10, 11, 12, 16, 17, 26, 30, 34, and (3) Fink Supp. Decl., ¶¶ 6, 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 O...

Excerpt: ...(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 as to Exhibits B, C, D, E, F, G, H, I, 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' Evidentiary Objections: (1) Hand Decl., ¶¶ 14, 15, 16, 36, 37, 40, 41...

Excerpt: ...e 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.) Planning & Conservation League v. Castaic Lake Water Agency (2009) 180 ...

Excerpt: ...f 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.” P e r e z v...

Excerpt: ... 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 liberally construed, with a view ...

Excerpt: ...court DECLINES TO RULE on Defendants' Objections, filed on 7-3-23 under ROA No. 366, as immaterial to the court's ruling as set forth below. (Code Civ. Proc., § 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 that party has shown that one or more elements of the cause of action, even if not separately pleaded, can...

Excerpt: ...e in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. . . .” Code of Civil Procedure section 1048, subdivision (b), states, “The court, in furtherance of convenie...

Excerpt: ...l to the court's decision as 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 2033.290 states, in part, “(a) On receipt of a response for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: [¶] (1) An answer to a particular reque...

Excerpt: ... a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that 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 [¶]...

Excerpt: ...ntive 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 tha...

Excerpt: ...of Civil Procedure section 1010 requires that a notice of motion must state ‘the grounds upon which it will be made.' California Rules of Court, rule 311 requires a notice of motion to state in its opening paragraph ‘the nature of the order being sought and the grounds for issuance of the order.' As a general rule, the trial court may consider only the grounds stated in the notice of motion. [Citations.] An omission in the notice may be overl...

Excerpt: ...creation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.); (2) Defendants improperly submitted their Request for Judicial Notice after Plaintiff (Joshua Derek Brown) filed the Opposition to this Motion. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537–1538.) 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 i...

Excerpt: ...or improper matter inserted in any 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...

Excerpt: ...rocedure section 1010 requires that a notice of motion must state ‘the grounds upon which it will be made.' California Rules of Court, rule 311 requires a notice of motion to state in its opening paragraph ‘the nature of the order being sought and the grounds for issuance of the order.' As a general rule, the trial court may consider only the grounds stated in the notice of motion. [Citations.] An omission in the notice may be overlooked if t...

Excerpt: ...11-9-22, Plaintiff served Defendants (Ojin Kwon, Hokyung Lee, and Jin Dental) with “Special Interrogatories, Set One.” (Sohn Decl., ¶ 3 and Exhibit A.) It appears that Defendants did not provide responses to this discovery request. (Sohn Decl., ¶ 4 and Exhibit B.) Defendants' Opposition to Plaintiff's Motion to Compel Defendants' Responses to Further Special Interrogatories, Set One (Opposition), filed on 6-27-23 under ROA No. 275, states, ...

Excerpt: ...ition subpoena, 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. . . .” The Motion seeks to compel Plaintiff (Pauline P. Nguyen) to answer questions regarding “overcharge allegations” and questions rega...

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) 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...

Excerpt: ...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.” P e r e z v . G o l d e n E m p i ...

Excerpt: ...o 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.” P e r e ...

Excerpt: ...o five Public Records Act (PRA) requests that Petitioners submitted to the Orange County District Attorney's Office (OCDA). (Petition, ¶ 3.) The Petition alleges that Petitioners made the following requests pursuant to the PRA: (1) The 2-4-21 request by Petitioner—ACLU of Northern California. (Petition; ¶ 38 and Exhibit A.): (2) The 9-27-21 request by Petitioner—ACLU of Southern California. (Petition, ¶ 40 and Exhibit C.); (3) The 2-18-22 ...

Excerpt: ...ction 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 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...

Excerpt: ...fs' Characterization of Evidence, filed on 5-23-23 under ROA No. 247, as immaterial to the court's decision as set forth below. (Code Civ. Proc., § 437c, subd. (q).) The court DECLINES TO RULE on Plaintiffs' Evidentiary Objections, filed on 6-1-23 under ROA No. 254, as immaterial to the court's decision as set forth below. (Code Civ. Proc., § 437c, subd. (q).) Code of Civil Procedure section 437c, subdivision (p)(1), provides, “A plaintiff or...

Excerpt: ...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.” “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process ‘the burden is on the plaintiff to p...

Excerpt: ...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 Section 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 in the ...

Excerpt: ...tice, filed on 6-14-23 under ROA No. 55, is DENIED as immaterial to the court's decision as 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 1281.2 states in part, “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbi...

Excerpt: ...aintiff/Cross-Defendant Forespar Products Corporation, Set One.” (Motion; 6:8-16, and Conti Decl., ¶¶ 4, 5, and Exhibits 1 and 2.) Specifically, the Motion seeks a protective order as to Special Interrogatory (SI) No. 24, and Request for Production (RFP) No. 18, 20, and 21. (Motion; 3:12-4:3.) Cross-Complainant's Opposition to Cross-Defendant Forespar Products Corporation and Cross-Defendant Scott Foresman's Motion for Entry of a Protective O...

Excerpt: ...t entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made before the commencement of the trial of the action, or before the verdict or judgment if settlement is made after the trial ha...

Excerpt: ...sions (d) and (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...

Excerpt: ...g, 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 li...

Excerpt: ...[¶] (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or [¶] (3) the lawyer has obtained informed written consent from the client. If the lawyer represents the People or a governmental entity, the consent shall be obtained from the head of the office or a designee of the head of the office by which the lawyer is employed. [¶] (b) A lawyer may act as advocate in a trial in which another lawyer in...

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.4th 1228, 1238, prov...

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.” 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 122...

Excerpt: ...nce Code 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 (2016) 62 Cal.4th 919, 939, footnote 13.) Code of Civil Procedure section 430.30, subdivision (a), states, “When any ground for objection to a complaint, cross-complaint, or answer appears on the face thereof, or from any matter of which the court is ...

Excerpt: ...e court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed. The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Sectio...

Excerpt: ...zation of Evidence, filed on 5-23-23 under ROA No. 247, as immaterial to the court's decision as set forth below. (Code Civ. Proc., § 437c, subd. (q).) The court DECLINES TO RULE on Plaintiffs' Evidentiary Objections, filed on 6-1-23 under ROA No. 254, as immaterial to the court's decision as set forth below. (Code Civ. Proc., § 437c, subd. (q).) Code of Civil Procedure section 437c, subdivision (p)(1), provides, “A plaintiff or cross- compla...

Excerpt: ...y order of the court in accordance with this title, any party may obtain discovery reqardinq any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seekin...

Excerpt: ...de of Civil Procedure sections 1987.1 and 2025.480." (Motion; 5:1-11.) 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 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...

Excerpt: .... Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265 (disapproved on other grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4th 91 g, 939, footnote 13.) Code of Civil Procedure section 437c, subdivision (p)(l), provides, "A plaintiff or cross complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to ...

Excerpt: ...idence Code section 452, subdivisions (d) and (h). Code of Civil Procedure section 438, subdivision states, "If the moving party is a defendant, that either of the following conditions 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." Eck/er v. Neutragena Corporation (2015) 238 Cal.App....

Excerpt: ...e 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. (1 gg8) 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, ...

Excerpt: ...plied or inferred from those expressly alleged in the complaint. [Citations.]" (City of Atascadero v. Merrill Lvnch, Pierce, Fenner & Smith, Inc. (1 gg8) 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 Transi...

Excerpt: ..., filed on 8-30-22 under ROA No. 11, pursuant to Code of Civil Procedure section 430.10, subdivision (c). The CC alleges causes of action for civil theft, embezzlement, and fraud. Code of Civil Procedure section 430.10 states, "The party against whom a complaint or cross- complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: . . . (c) There is another...

Excerpt: ... declaration containing facts sufficient to justify the sealing. (Cal. R. Ct. Rule 2.551, subd. The moving party bears the burden of providing "a specific enumeration of the facts sought to be withheld and specific reasons for withholding them." (H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894 [motion to seal properly denied where moving party "never identified any specific facts disclosure of which could harm any identified interest]. ) T...

Excerpt: ...7 Cal.App.4th 282, 307, fn. 18; The court notes that ROA Nos. 304 and 316 appear duplicative.) Toshiba America Electronic Components v. Superior Court (2004) 124 Cal.App.4th 762, 767 768 (Toshiba), states," 'Management of discovery generally lies within the sound discretion of the trial court. [Citations.] Where there is a basis for the trial court's ruling and it is supported by the evidence, a reviewing court will not substitute its opinion for...

Excerpt: ...ding the vehicle is exempt from judgment enforcement under Code Civ. Proc. S 720.260. The third-party claim is denied. The Court will hear further argument on the exemption. The court considered the Williams' supplemental declaration on reply. Plaintiff/]udgment Creditor's request for judicial notice is denied as unnecessary. Citation to orders in the court file is sufficient. Plaintiff's evidentiary objections are sustained as to nos. 3, 4, 6, 7...

Excerpt: ...pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and CT.] (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. [Tl] (b) Supporting declaration [TI] A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; ...

Excerpt: ...as to Exhibit A 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.) "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 mav be implied or inferred from those expre...

Excerpt: ...table servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both. CTI] (b) A governing document other than the declaration may be enforced by the association against an owner of a separate interest or by an owner of a separate interest ...

Excerpt: ... states, "Therefore, the entry of the Default was a clerical error because a Default never should have been entered when an Answer was already on file." (Motion; 5:27-6:2.) As to Mr. Plummer, the Motion asserts, "Code of Civil Procedure 5391.6 states that the moving Defendant need not plead until 10-days after the Vexatious Litigant Motion has been denied. Accordingly, with the case completely stayed, by parity of analysis, the same stay of any o...

Excerpt: ...t 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 conditions as the court shall declare, including protective orders. In addition, the court ma...

Excerpt: ...ovision 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 [Tl] (a) The court may impose a monetary sanction ordering that one engaging ptTcess: . . . in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including at...

Excerpt: ...(2011) 197 Cal.App.4th 282, 307, fn. 18.) The court GRANTS Responding Party's (RP), Victor Manuel Orellana, Request for Judicial Notice (RPRJN), filed on 3-15-23 under ROA No. 253, pursuant to Evidence Code section 452, subdivision (c), and Belen v. Ryan Seacrest Productions, LLC (2021), 65 Cal.App.5th 1145, 1160 at footnote 2 (Belen) as to Exhibit Nos. 14, 15, 16, 17, 18, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32. The court DENIES the RPRJN...

Excerpt: ...(4-11-23 Minute Order.) Defendant filed a Supplemental Reply Brief (Supp. Reply) on 4-20-23 under ROA No. 115. Plaintiff (Enriqueta Orozco) did not file a supplemental brief. Defendant's Objections to the declaration of Melissa Vargas Lopez filed on 4-6-23 under ROA No. 108: The court DECLINES TO RULE on these objections because they are immaterial to the court's ruling as set forth below. (Code Civ. Proc., 437c, subdivision The court OVERRULES D...

Excerpt: ... of the following conditions is satisfied: (A) A provision of law confers an unconditional right to intervene. (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of t...

Excerpt: ...an order compelling a further response if the propounding party deems that any of the following apply: [ I] (1) An answer to a particular interrogatory is evasive or incomplete. C'] (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. C'] (b) (1) A motion under subdivision (a) sh...

Excerpt: ...nthal), our Supreme Court set forth the procedure to be followed when a petitioner seeks to compel arbitration: 'C W)hen 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 enforceable. Because the existence of the agreement is a statutory pr...

Excerpt: ...t's ruling as set forth below. (Code Civ. Proc., S 437c, subd. The court SUSTAINS Objection No. 4. The court OVERRULES Objection Nos. 5 and 8. 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 co...

Excerpt: ...the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon anv other matter embraced in the action and not affected bv the iudqment or order.' 916. subd. The purpose of the automatic stay provision of section 916 subdivision (a) 'is to protect the appellate court's jurisdiction by preserving the status quo u...

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." Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4th 1228, 1238, p...

Excerpt: ... or inferred from those expressly alleged in the complaint. [Citations.]" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1 gg8) 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 Dis...

Excerpt: ...s' (Cagney Enterprises, LLC, a Delaware limited liability company; Mario Marovic, individually and dba Malarky's Irish Pub; Ashlea Esparza Marovic, individually and dba Malarky's Irish Pub; and Marlarky's Irish Pub, Inc., a California corporation) Request for Judicial Notice, filed on 3-21-23 under ROA No. 266, pursuant to Evidence Code section 452, subdivision (h). ((Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264 265 (disappr...

Excerpt: ...nd Motion for Summary Adjudication as to Conversion, Fraud, Negligent Misrepresentation and Negligence Causes of Actin Against BPH, Incorporated (Motion), filed on 2-9-23 under ROA No. 65, is GRANTED. 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 separa...

Excerpt: ... circumstances of the case. [Tl] (b) (b) Dismissal shall be pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council." Code of Civil Procedure section 583.420 provides in part, "(a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is comme...

Excerpt: ...ge (2011) 197 Cal.App.4th 282, 307, fn. 18.) The court GRANTS Responding Party's (RP), Victor Manuel Orellana, Request for Judicial Notice (RPRJN), filed on 3-15-23 under ROA No. 253, pursuant to Evidence Code section 452, subdivision (c), and Belen v. Ryan Seacrest Productions, LLC (2021), 65 Cal.App.5th 1145, 1160 at footnote 2 (Belen) as to Exhibit Nos. 14, 15, 16, 17, 18, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32. The court DENIES the RP...

Excerpt: ...1) the lawyer's testimony relates to an uncontested issue or matter; [¶] (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or [¶] (3) the lawyer has obtained informed written consent from the client. If the lawyer represents the People or a governmental entity, the consent shall be obtained from the head of the office or a designee of the head of the office by which the lawyer is employed. [¶] (...

Excerpt: ...her grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4th 919, 939, footnote 13.) The court GRANTS the RJN as to Exhibit Nos. B, G, I, J, and K only as to the existence of those exhibits. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) The court GRANTS Plaintiff's (Anh Thy Song Nguyen, Trustee of Mother Nature Trust) Request for Judicial Notice, filed on 3-27-23 under ROA No. 1006, pursuant to Code of Civil Procedure ...

Excerpt: ...r of the following conditions is satisfied: [¶] (A) A provision of law confers an unconditional right to intervene. [¶] (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one o...

Excerpt: ...��Misuses of the discovery process include, but are not limited to, the following: . . . [¶] (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...

Excerpt: ...“. . . Code of Civil Procedure sections 1032, 1033.5, and Civil Code section 1717.” (Motion; 1:3-7.) Code of Civil Procedure section 1033.5 states in part, “(a) The following items are allowable as costs under Section 1032: . . .[¶] (10) Attorney's fees, when authorized by any of the following: [¶] (A) Contract. [¶] (B) Statute. [¶] (C) Law. . . .” Civil Code section 1717 states in part, “(a) In any action on a contract, where the c...

Excerpt: ... 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.” P e r e z v . G o l d e n E m...