Excerpt: ...se 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 Empire...

Excerpt: ...against those plaintiffs 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." Co...

Excerpt: ...s, 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 upon those terms or conditio...

Excerpt: ...r and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [q] (a) The right to compel arbitration has been waived by the petitioner; or [9] (b) Grounds exist for rescission of the agreement... ." Toal v. Tardif (2CG) 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 P.2d...

Excerpt: ...ctions to the Declaration of Marilyn Weger filed on 9-14-23 under ROA No. 303: The court OVERRULES all of the objections. 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 tha...

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) 58 Cal.App.4th 445, 459.) Code of Civ-l 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. G...

Excerpt: ...(Ashley Raminfard) Motion to Quash Subpoenas Seeking Plaintiff's Employment Records, or, in the Alternative, for a Protective Order (Motion), filed on 4-14-23 under ROA No. 173, is GRANTED in part and DENIED in part. 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...

Excerpt: ...n 1987 states in part, " . (b) In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an achon or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of a...

Excerpt: ...is 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 proceeding de...

Excerpt: ...erms, any party affected by the order may, within 10 days after service upon the party of written notce 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 before, when and to what judge, what order ...

Excerpt: ...r 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... Ro Burns Constructions Co., Inc. v. Moore (2010) 184 Cal.App.4th 1406, 1413 (d...

Excerpt: ...rein, or at the taking of a deposition, the court, upon moton reasonably made by any person described in subdivision (b), or upon the court's own moton 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...

Excerpt: ...de of Civil Procedure section 425.16, subdivision (b), states, in part, "(1) A cause of acton against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probabilit...

Excerpt: ...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 moton 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. [q] (2) To stay or dismiss the action on the ground of inconvenient forum. [q] (3) To dismiss the action pursuant to the applicable provisions of Chapt...

Excerpt: ...lete. [4] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [q] (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 Section 2016.040.... [q] (c) Unless notice of this motion is given within 45 days of the service of the verified re...

Excerpt: ...an order compelling response to the interrogatories." Cuie of Civil Procedure section 2031.3[n 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: ... [9] (b) The party making the demand may mcwe for an order compelling response to the demand." The Moton seeks to compel responses to the followng discovery requests: (1) Form ...

Excerpt: ...he complaint does not state facts sufficient to constitute a cause of action against that defendant." Eckler v. Neutragena Corporation (2015) 238 Cal.App.4th 433, 439 (Eckler), states, " 'A motion for judgment on the pleadings serves the function of a demurrer, challenging only defects on the face of the complaint.' [Citation.] As with a demurrer, '[t]he grounds for a motion for judgment on the pleadings must appear on the face of the complaint o...

Excerpt: ...hose 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: ...ilverado.).) The court DECLINES TO RULE on cross- Defendants' Evidentiary Objections (filed on 8-28-23 under ROA Nos. 207, 208, and 209) because they are immaterial to the court's decision as set forth below. Cross-complainants' (Chade M. Joher and Hussam H. Joher) Request for Judicial Notice, filed on 8-15-23 under ROA No. 191, is DENIED as immaterial to the court's ruling as set forth below. (Silverado Modjeska Recreation & Parks District v. Co...

Excerpt: ...are characterized 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 ...

Excerpt: ... required to be physically present with the deposition officer when being sworn in at the time of the deposition. [9] (b) Subject to Section 2025.420, any party or attorney of record may, but is not required to, be physically present at the deposition at the location of the deponent. If a party or attorney of record elects to be physically present at the location of the deponent, all physically present participants in the deposition shall comply ...

Excerpt: ...ounty of orange (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 Evidentary Objections: (1) Hand Decl., 7 and 18,; (2) Hand supp. Decl„ 10, 11, 12, 16, 17, 26, 30, 34, and (3) Fink Supp. Decl., 5, 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 OVERRULES the remai...

Excerpt: ...espondents' (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 asto Exhibits 8, C, D, E, F, G, H, l, 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' Evidentary Objections: (1) Hand Decl„ 14, 15, 16, 36, 37, ...

Excerpt: ...y 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: [q] (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. [q] (2) To stay or dismiss the action on the ground of inconvenient forum. [91 (3) To dismiss the action pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8." "Per...

Excerpt: ...the following apply: [9] (1) An answer to a particular request is evasive or incomplete. [q] (2) An objection to a particular request is without merit or too general. [9] (b)(l) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Secton 2015.040... . [q] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific lat...