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

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

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

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

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

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

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

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

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

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

Excerpt: ...e Code section 452, (c) and (h). (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264 (disapproved on other grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4th 919, 939, footnote 13.) the court DENIES the RJN as to Exhibit 3 as immaterial to the court's decision. Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18 (Silverado.).) "A demurrer tests the pleadi...

Excerpt: ...& Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) "A demurrer tests the pleading alone, and not the evidence or the facts alleged.... To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.)" (City of Atascadero v. Merrill Lynch, Pi...

Excerpt: ...essly alleged in the complaint. [Citations.)" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4th ...

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

Excerpt: ...l), our Supreme Court set forth the procedure to be followed when a petitioner seeks to compel arbitration: '[Wlhen a petition to com#l arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, any defense to its enforcement is raised, whether is enforceable. Because the existence of the agreement is a statutory prerequisite t...

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

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

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

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

Excerpt: ...or this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. However, in the case of a judgment, dismissal, order, or other proceeding determining the ownership or right to possession of real or personal property, w...

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

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

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

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

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