Excerpt: ... the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶ ](a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for rescission of the agreement. . . .” Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 58 Cal.Rptr.2d 875, 926 ...

Excerpt: ...trate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for rescission of the agreement. [¶] (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transac...

Excerpt: ...ation of Enriqueta Orozco filed on 4-6-23 under ROA No. 109. 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 defense to that cause of action. Once the defendant . . . has met that ...

Excerpt: ...s.]” (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, provi...

Excerpt: ... the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District (2012) 209 Cal....

Excerpt: ... 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 may make any other order as may be...

Excerpt: ...ished, 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)(l), provides, "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirma...

Excerpt: ...s 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, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Trans...

Excerpt: ...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." Perez v. Golden Em...

Excerpt: ...pressly 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.4...

Excerpt: ...ose 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." Perez v. Golden Empire Transportation Transit District (2012) 209 Cal...

Excerpt: ...odified in this section, the procedures for taking oral depositions in California set forth in Chapter g (commencing with Section 2025.010) apply to an oral deposition taken in a foreign nation. . Y] (c) If a deponent is not a party to the action or an officer, director, managing agent or employee of a party, a party serving a deposition notice under this section shall use any process and procedures required and available under the laws of the fo...

Excerpt: ...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 defense to that cause of action. Once the defendant . ha...

Excerpt: ...1) 197 Cal.App.4th 282, 307, fn. 18.) Petitioner's Motion for Attorneys' Fees (MAF), filed on 11-28-22 under ROA No. 220, seeks attorneys' fees pursuant to Code of Civil Procedure section 1021.5. (MAF; 7:1-13.) Code of Civil Procedure section 1021.5 states, "Upon motion, a court may award attorneys' fees to a successful party aqainst one or more opposing parties in any action which has resulted in the enforcement of an important right affecting t...

Excerpt: ...ollowing apply: [¶] (1) An answer to a particular request is evasive or incomplete. [¶] (2) An objection to a particular request 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 motion is given within 45 days of the service of the verified response, or any supplemental response, or any specific later date...

Excerpt: ...pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Code of Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342-343 (Pierson), 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 reli...

Excerpt: ...ing the existence of a “Notice of Disciplinary Charges” against Attorney—Timothy George McFarlin. 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 compelling response to the interrogatories.” On 7-20-22, Plaintiffs' served Defendant (Khalid H...

Excerpt: ...duplicative of the Motion. Code of Civil Procedure section 2030.300 provides in part, “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or th...

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

Excerpt: ...25-23 under ROA No. 50, is GRANTED pursuant to Evidence Code section 452, subdivision (a). The court OVERRULES Defendant's Evidentiary Objections, filed on 1-31-23 under ROA No. 58, because it is appropriate for a court to consider legal authority that is applicable to an issue before the court. Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 58 Cal.Rptr.2d ...

Excerpt: ...there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative de...

Excerpt: ...'s fees and costs. . . .” Mann v. Quality Old Time Service, Inc. (2006) 139 Cal.App.4th 328, 340 (Mann), provides, “We thus hold that a party who partially prevails on an anti-SLAPP motion must generally be considered a prevailing party unless the results of the motion were so insignificant that the party did not achieve any practical benefit from bringing the motion. The determination whether a party prevailed on an anti- SLAPP motion lies w...

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

Excerpt: ...in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District (2012) 209 Ca...

Excerpt: ...essly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District...

Excerpt: ...iffs who do not recover any relief 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 Proc...

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

Excerpt: ...istence of a “Notice of Disciplinary Charges” against Attorney—Timothy George McFarlin. Code of Civil Procedure section 2031.300 states in part, “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: . . . [¶] (b) The party making the demand may move for an order compelling response to the demand.” On 7-20-22, Plaintiffs' served Def...

Excerpt: ...take, inadvertence, surprise, or excusable neglect. Application for 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. . . .” Ron Burns Constructions Co., Inc. v. Moore (2010) 184 Cal.App.4th 1406, 1413 (di...

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

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

Excerpt: ...ions.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District (2012) 209 Cal.App.4th 1228, 1238, pr...

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

Excerpt: ...ete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 (fns. 13 and 14 omitted), states, “Second, and generally, the party moving for summary judgment bears an initial burden of production to make...

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

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

Excerpt: ... pleading. [¶] (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Code of Civil Procedure section 435, subdivision (b)(1), states, “Any party, within the time allowed to respond to a pleading may serve and file, a notice of motion to strike the whole or any part thereof, but this time limitation shall not apply to motions specified in subdivisi...

Excerpt: ...that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: [¶] (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. [¶] (2) To stay or dismiss the action on the ground of inconvenient forum. [¶] (3) To dismiss the action pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8.” “Personal ju...

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

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

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

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

Excerpt: ...ing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil P...

Excerpt: ...n 9-22-22 under ROA No. 509, as to Exhibits 4, 5, 6, 7, and 8 pursuant to Evidence Code section 452, subdivision (d). The court DENIES the RJN as to Exhibits 1, 2, and 3 as immaterial to the court's decision set forth below. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are fa...

Excerpt: ...h not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459 (Atascadero).) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a v...

Excerpt: ..., subdivision (a), states, “A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that inferior tribunal, co...

Excerpt: ...se of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, “A party may move for summary adjudication as...

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

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

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

Excerpt: ... comparative consequences of the issuance and 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 deni...

Excerpt: ...This Motion applies to the Amended Complaint filed on 9-9-21 under ROA No 9. For the purpose of this Motion, the relevant parties are Plaintiff (Edgar A. Bravo Cervantes), Settling Parties (Danyel Desirae Lua and Cynthia L. Lua), and Moving Parties. Code of Civil Procedure section 877.6 states in part, “(a)(1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be ...

Excerpt: ...tiff have not filed the First Amended Complaint, the court ORDERS Plaintiffs to electronically filed the First Amended Complaint no later than 2-1-23. Thus, as to this Motion, the court relies on Plaintiffs' “(Proposed) First Amended Complaint” (FAC) filed on 4-8-22 under ROA No. 95. Code of Civil Procedure section 2025.480, subdivision (a) states, “If a deponent fails to answer any question or to produce any document, electronically stored...

Excerpt: ... of the issuance and 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 injunct...

Excerpt: ...ty of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) The Motion states, “The county requests the court grant this motion and find that section 1431.2 applies to this case and that the County is entitled to an allocation of proportionate fault with the City of Santa Ana as par of any verdict in favor of Plaintiff.” (Motion; 1:12-15.) Plaintiff's Opposition to Defendant County of Orange's Motion for Order Requesting Strict Application of Civi...

Excerpt: ...265 (disapproved on other grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4th 919, 939, footnote 13.) “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. [Cita...

Excerpt: ...2, subdivision (d). “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: ...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.) Code of Civil Procedure section 452, states, “In the construction of a pleadin...

Excerpt: ...ssly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District ...

Excerpt: ...emurrer and Demurrer to Community Legal Aid SoCal, Inc.'s First Amended Complaint; Memorandum of Points and Authorities; and Declaration of Stephanie M. Brault in Support Thereof (Demurrer Under Seal). (See Notice of Lodging filed on 12-2-22 under ROA No. 127.) The Demurrer Under Seal attached Exhibit A which was not attached to the Demurrer filed under ROA No. 131. The court declines to consider Exhibit A attached to the Demurrer Under Seal beca...

Excerpt: ... 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: ...oration and a former office of Landsea Homes of California . . . The general liability insurers (‘Insurers') agreed to defend and ultimately settled the Wrongful Death Action, but contended that their policies did not provide coverage and that Plaintiffs liability in the Wrongful Death Action should be covered under a hired, non-owned auto policy.” (Rollins Decl., ¶ 3.) “The Insurers seek back the money they spent to defend and settle the ...

Excerpt: ...0-22 under ROA No. 2, Plaintiffs filed a Complaint alleging causes of action labeled as Public Nuisance, Drug Abatement Act, and Nuisance Per Se. “In deciding whether to issue a preliminary injunction, a trial court must evaluate two interrelated factors: (i) the likelihood that the party seeking the injunction will ultimately prevail on the merits of his [or her] claim, and (ii) the balance of harm presented, i.e., the comparative consequences...

Excerpt: ...haracterized as ‘quasi-criminal,' with the judgments of conviction governed by rules applicable to criminal cases. [Citations.] For purposes of federal due process rights, however, contempt proceedings are either civil or criminal, depending on the nature of the proceedings and the relief afforded. [Citation.] If the punishment is remedial, and for the benefit of the complainant, it is civil. [Citation.] The basic idea of civil contempt has bee...

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

Excerpt: ... Defendant's (Imperial Spa Fullerton, LLC) Request for Judicial Notice, filed on 1-5-23 under ROA No. 264, 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.) Defendant's Objections to Evidence in Opposition to Sunrise Village Owner, LLC's Motion for Summary Adjudication filed on 1-5-23 under ROA No. 272: The court OVERRULES Objection Nos. 1, 2, 5, 6,...

Excerpt: ...er through his or her mistake, inadvertence, surprise, or excusable neglect. Application for 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 p...

Excerpt: ...lone, 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.) Code of Civil Procedure section 452, states, �...

Excerpt: ...he following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following: [¶] (1)The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. [¶] (2)...

Excerpt: ...e court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order . . . that the trial of any issue of any part thereof shall precede the trial on any other issue or any part thereof in the case . . . .” Code of Civil Procedure section 1048, subdivision (b), provides, “The court, in furtherance of co...

Excerpt: ...wing 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 defendant or cross-defendant shall not rely upon ...

Excerpt: ...ange (2011) 197 Cal.App.4th 282, 307, fn. 18.) The court OVERRULES all of the objections contained in Plaintiff's Objections to the Declaration of Timothy F. Shields filed on 1-3-23 under ROA No. 215. Motion for Disqualification: Rules of Professional Conduct, rule 3.7 (Rule 3.7), states, “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: [¶] (1) the lawyer's testimony relates to an unco...

Excerpt: ...8.) Defendant moves to vacate the Judgment, entered on 2-14-22 under ROA No. 82, pursuant to Minnesota Uniform Arbitration Act under Minn. Stat. section 572B.23, Code of Civil Procedure section 1286.2, and Code of Civil Procedure section 473, subdivision (b). (Motion; 3:5-17, 5:6-6:21, and 9:10-23.) Minn. Stat. section 572B.23, subdivision (a), provides, “Upon motion of a party to the arbitration proceeding, the court shall vacate an award if: ...

Excerpt: ...rt DENIES the RJN as to Exhibit B as immaterial to the court's decision set forth below. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) 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 ...

Excerpt: ...gainst him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for 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, or...

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

Excerpt: ...part and DENIED in part. The Notice for this Motion was filed on 6-20-22 under ROA No. 327. The court DENIES Plaintiff's Request for Judicial Notice, (filed on 6-20-22 under ROA No. 307) and Defendant's (The Ensign Group, Inc.) Request for Judicial Notice (filed on 8-23-22 under ROA No. 444) 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.) The Join...

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

Excerpt: ... Corporation (2016) 62 Cal.4th 919, 939, footnote 13.) The court DENIES Defendant's Supplemental Request for Judicial Notice (SRJN), filed on 10- 4-22 under ROA No. 164, as immaterial to the court's decision set forth below. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) Code of Civil Procedure section 437c, subdivision (p)(2) provides, “A defendant . . . has met his or her burden o...

Excerpt: ...ty to whom a demand for inspection, copying, testing, or sampling is directly fails to serve a timely response to it, the following rules shall apply: [¶] (a) The party to whom the demand for inspection, copying, testing or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010) The court, on motion, may relieve that party f...

Excerpt: ...d, 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 parties.�...

Excerpt: ...plied 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...

Excerpt: ... 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 nsportation ...

Excerpt: ...g defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” 569 E. County Boulevard LLC v. Backcountry Against the Dump, Inc. (569) (2016) 6 Cal.App.5th 426,...

Excerpt: ...y available to the responding party permits. [¶] (b) if an interrogatory cannot be answered completely, it shall be answered to the extent possible. [¶] (c) If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information...

Excerpt: ...f a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for the rescission of the agreement.” Sanchez v. ...

Excerpt: ...s 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 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 u...

Excerpt: ...cedure, section 581, subdivision (f)(2). Plaintiff's (Danut Tanasescu) Opposition to Defendants' Motion for Dismissal of Jolene Voight and Cool Smiles Orthodontics (Opposition), filed on 11-22-22 under ROA No. 548), states, “The Second COA for breach of the Agreement contract and the Sixth COA for money paid and received are before the Court for adjudication on the merits. The two causes of action have both plaintiffs' intertwined claims agains...

Excerpt: ...). The court OVERRULES all of Defendants' objections contained in Defendants' Objections to Evidence Submitted in Support of Plaintiff's Opposition to Motion for Summary Adjudication filed on 12-1-22 under ROA No. 181. 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 acti...

Excerpt: ...p.4th 256, 264-265 (disapproved on other 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. 4 and 7 as to the existence of Exhibit Nos. 4 and 7 under Evidence Code section 452, subdivision (d). (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there...

Excerpt: ...nt's (Guy Foresman) Request for Judicial Notice, filed on 11-21-22 under ROA No. 442, 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.) “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 al...

Excerpt: ... comparative consequences of the issuance and 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 deni...

Excerpt: ...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 2030.300 provides: “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: ...

Excerpt: ...lf, and has refused to provide dates for any such deposition to take place.' This claim is patently false. [¶] Since the communications in July of 2021 referenced above, Plaintiff made absolutely no effort to meet and confer with me or anyone at my firm about scheduling additional depositions or a motion to compel. Instead, I did not hear from Plaintiff again regarding any depositions until August 18, 2021, when he served notice for the depositi...

Excerpt: .... The court DENIES Defendant's Request for Judicial Notice (RJN), filed on 7-7-22 under ROA No. 579, 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.) The court OVERRULES all of Defendants' Evidentiary Objections filed on 11-1-22 under ROA No. 608. The court notes that the objections do not comply with California Rules of Court, r...

Excerpt: ...eading, 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 litigatio...

Excerpt: ...hat 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 ...

Excerpt: ...cts 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 . G o l d...

Excerpt: ...sted 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 party. [¶] (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's b...