Excerpt: ...approach generally involves three steps. First, the court determines whether the relevant law of each of the potentially affected jurisdictions with regard to the particular issue in question is the same or different. Second, if there is a difference, the court examines each jurisdiction's interest in the application of its own law under the circumstances of the particular case to determine whether a true conflict exists. Third, if the court find...

Excerpt: ... (e). (See, declaration of Emily C. Finestone filed on 10-5-22 under ROA No. 426.) Moving Party is to give notice. Motion No. 2: Moving Party's (Paradigm Sports Management, LLC) unopposed Motion for an Order Deeming Matters Admitted by Defendant/Cross-Complainant Emmanuel Dapidran Pacquiao (Motion), filed on 7-29-22 under ROA No. 368, is GRANTED. Code of Civil Procedure section 2033.280, states, in part, “If a party to whom requests for admissi...

Excerpt: ...s filed on 7-26-22 under ROA No. 595: The court SUSTAINS Objections Nos. 1, 4, 7, 8, 10, 11, 23, 25, 26, 27, and 28. The court OVERRULES the remaining objections. Lynn v. George (2017) 15 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 man...

Excerpt: ...ltimately prevail on the merits of his [or her] claim, and (ii) the balance of harm presented, i.e., the 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...

Excerpt: ...eged 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) 2...

Excerpt: ...Plaintiffs' (Jessica Garten, individually, and as guardian ad litem for minor children, Dru Stinson and Lilyana Stinson) Request for Judicial Notice, filed on 11-1-22 under ROA No. 71, 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 fac...

Excerpt: ...tions.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Friends of Shingle Springs Interchange, Inc. v. County of El Dorado (2011) 200 Cal.App.4th 1470, 1482 (Friends), provides, “A party may also object by demurrer on the ground that “[t]he pleading does not state facts sufficient to constitute a cause of action,” including that the claims are barred by the applicable statutes of limit...

Excerpt: ...the following purposes: . . . [¶] (3) To dismiss the action pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8.” Code of Civil Procedure section 583.210, subdivision (a), provides, “The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint...

Excerpt: ...divisions (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.) “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...

Excerpt: ... 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 . . . Notwithstanding any other requirements of this section, t...

Excerpt: ...0. Code of Civil Procedure section 473, subdivision (b), states, in part, “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against 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, o...

Excerpt: ... based on “. . . the Court's August 2 order . . . .” (Motion; 2:21-23.) The Motion asserts, “Here, Plaintiff failed to file an amended complaint within the time period allowed by the Court's order sustaining Anaheim's demurrer. Compounding the error, Plaintiff then filed an untimely amended pleading without obtaining the requisite permission of the Court . . . Even if Plaintiff had properly sought leave to further amend, no good cause exist...

Excerpt: ...l 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 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 ...

Excerpt: ... in another manner specified in this article and that either: [¶] (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. [¶] (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any...

Excerpt: ...) 63 Cal.4th 665, 676-677 and 685-686 and Code Civ. Proc., § 437c, subd. (q).) The court DENIES Plaintiff's Request for Judicial Notice, filed on 9-7-22 under ROA No. 64, 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 437c, subdivision (p)(2) provides, “A defendant . . . has met his or her bur...

Excerpt: ...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 or fro...

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: ...rtgage 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. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenne...

Excerpt: ...e 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.App...

Excerpt: ... 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, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) ...

Excerpt: ...gment 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 the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specifi...

Excerpt: ...mplaint or other pleading unless the 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 prev...

Excerpt: ...t for preliminary injunction. (Motion; 2:1-20.) Code of Civil Procedure section 526, subdivision (a), provides the grounds upon which a court has the authority to issue a preliminary injunction. The Motion does not directly cite Code of Civil Procedure section 526. The court construes the Motion as requesting a preliminary injunction pursuant to Code of Civil Procedure section 526, subdivision (a)(2), because the Motion refers to irreparable harm...

Excerpt: ...atters specified in the request be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010.)” Here, on 11-28-18, Cross-Complainant served Cross-Defendant (Jocelyn Plummer) with “Defendant's Request for Admissions to Cross-Defendant Jocelyn Plummer Set No. One.” (Alai Decl., ¶ 2 Exhibits A and C.) The declaration from Cross-Complainant indicates that Plaintiff had not provided responses to this ...

Excerpt: ...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 Joint Status Report Regarding Status of Pending Motions to Compel (JSR), filed on 8-30- 22 under ROA No. 515, indicates that only Request for Production (RFP) Nos. “. . . 3, 6, 16, 20, and 22 remain at issue. The parties agr...

Excerpt: ...y), states, “The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers. This principle is most prominent in the context of summary judgment motions, which is not surprising, given that it is a common evidentiary motion. ‘[T]he inclusion of additional evidentiary matter with the reply should only be allowed in the exceptional case . . .' and if permitted, the other party should be given th...

Excerpt: ...ner 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 revocation 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,...

Excerpt: ...hat 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 or from a matter of which the court may take judicial notice.' [Citation.]” �...

Excerpt: ...e 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.App...

Excerpt: ...ted in Exhibits 1 and 2. (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 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. Merril...

Excerpt: ...e 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.App...

Excerpt: ...gation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. [¶] (b) An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance k...

Excerpt: ...ion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported.” Quantum Cooking Concepts, Inc. v. LV Associates, Inc. (2011) 197 Cal.App.4th 927, 934 (Quantum), explains, “Rule 3.1113 rests on a policy-based allocati...

Excerpt: ...is 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 . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of...

Excerpt: ...1 Von Karman Irvine Delaware, LLC) Evidentiary Objections to the Declaration of Benjamin J. Bohannan filed on 10-4-22 under ROA No. 94 (The court will address the objections in sequential order because Plaintiff did not number the objections in sequential order.): The court SUSTAINS Objection Nos. 3 and 5, and OVERRULES the remaining objections. Defendant's Evidentiary Objections to the Declarations of Ray Thimens, Patricia Cymerman, and Stephen ...

Excerpt: ...ms 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 subdivision (a) shall be accompanied by a meet and confer declaration under Section ...

Excerpt: ...nce Randazzo, Thu Nguyen, Michael Waisgerber, Kate Charles, Dorothy Villa, John Rhinehart, and Sue Creamer) Evidentiary Objections filed on 9-28-22 under ROA No. 403: Defendants object to the supplemental declaration of Ben-Thomas Hamilton, filed on 9-14-22 under ROA No. 368, the second supplemental declaration of Ben- Thomas Hamilton, filed on 9-16-22 under ROA No. 373, and Plaintiffs' Supplemental Memorandum of Points and Authorities on 9-14-22...

Excerpt: ...e court determines whether the relevant law of each of the potentially affected jurisdictions with regard to the particular issue in question is the same or different. Second, if there is a difference, the court examines each jurisdiction's interest in the application of its own law under the circumstances of the particular case to determine whether a true conflict exists. Third, if the court finds that there is a true conflict, it carefully eval...

Excerpt: ..., provides, “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.�...

Excerpt: ...ed 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 ...

Excerpt: ...itations.]” (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...

Excerpt: ...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: [¶] (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...

Excerpt: ...ubject to he objections.): The court SUSTAINS all of the objections. Plaintiff's Evidentiary Objections to the Declarations Submitted in Opposition to Motion for Appointment of Receiver and Injunctive Relief filed on 9-13-22 under ROA No. 164 (The court notes that Plaintiff did not sequentially number their objections and only identified the objections by referring to the paragraph numbers in the declaration subject to the objections. The court w...

Excerpt: ...d on 9- 19-22 under ROA No. 172, pursuant to Evidence Code section 452, subdivision (h), as to the existence of Exhibit A. Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) Code of Civil Procedure section 438, subdivision (c)(1)(B) 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 ...

Excerpt: ...njunction. (Motion; 2:1-20.) Code of Civil Procedure section 526, subdivision (a), provides the grounds upon which a court has the authority to issue a preliminary injunction. The Motion does not directly cite Code of Civil Procedure section 526. The court construes the Motion as requesting a preliminary injunction pursuant to Code of Civil Procedure section 526, subdivision (a)(2), because the Motion refers to irreparable harm. (Motion; 21:17-27...

Excerpt: ...1) 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, Pierce, Fenner & Smith, Inc. (1998) ...

Excerpt: ...o 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 showing good cause...

Excerpt: ...rties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Mesa RHF Partners, L.P. v. City of Los Angeles (2019) 33 Cal.App.5th 913, 917-918 (Mesa), states, “A request for the trial court to retain jurisdiction under section 664.6 ‘must conform to the same three requirements which the Legislature and the courts have deemed necessary for section 664.6 enforce...

Excerpt: .... The court, on its own motion, may reclassify a case at any time. A motion for reclassification does not extend the moving party's time to amend or answer or otherwise respond. The court shall grant the motion and enter an order for reclassification, regardless of any fault or lack of fault, if the case has been classified in an incorrect jurisdictional classification. [¶] (b) If a party files a motion for reclassification after the time for th...

Excerpt: ...f Civil Procedure section 473, subdivision (b), states, in part, “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against 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 ...

Excerpt: ...ature 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 the lawyer's firm is likely to be called as a w...

Excerpt: ...ining 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 that a record be filed under seal must file a motion or an application for an order sealing t...

Excerpt: ...il Procedure section 2023.010 states, in part, “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, m...

Excerpt: ...r 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 litigation. [¶] (2) The claims, defenses, and other legal contentio...

Excerpt: ... 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.” “It is well established that ‘California courts “have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not pr...

Excerpt: ...e court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim.” Code of Civil Procedure section 405.32 provides, “In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the claimant has not established by a preponderance of the evidence the probable validity of the real property claim.” Code of Civil Proce...

Excerpt: ...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 pleading, for the purpose of determining its effect, its allegations m...

Excerpt: ...t. [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 1228,...

Excerpt: ...ding attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3. [¶] (b) For purposes of this section: [¶] (1) ‘Actions or tactics' include, but are not limited to, the making or opposing of motions or the f...

Excerpt: ...lleged. . . . 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 pleading, for ...

Excerpt: ...s 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 [¶] (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...

Excerpt: ...stablished, 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, in part, “A party may move for summary adjudication as to one or more causes of action within an actio...

Excerpt: ...er served with the Summons and Complaint and was not notified of this case until April 4, 2022.” (Motion; 5:26-6:1.) The Motion also states, “Even though Defendant does not make this motion pursuant to Section 473.5 (b) of the Code of Civil Procedure, he nonetheless provides sufficient notice under Cal. Civil Proc. §1005(b).” (Motion; 7:9-11.) The Notice for this Motion states, “This motion is based upon California Code of Civil Procedur...

Excerpt: ... 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 subdivision (e).” Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342, explains, “Preliminarily, ...

Excerpt: ...is 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. [¶] (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 ...

Excerpt: ...426) of Part 1 of Division 4 of the Civil Code), before commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity subject to any orders that may be appropriate under Section 3426.5 of the Civil Code.” The Motion states, “Mrs. Chang has not yet identified with sufficient particularity the alleged trade secrets misappropriated by either Dean Chang, Jo...

Excerpt: ...he demanding party may move for an order 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:...

Excerpt: ...ent W8 for further hearing regarding the Receiver's request for the attorney's fees contained in the FSR and SSR. The Receiver shall submit counsel's time entries with a supporting declaration no later than 7-15-22. Defendants may submit a response to the declaration, not to exceed five pages, no later than 7-22-22.” (6-7-22 Minute Order.) The court incorporates its 6-7-22 ruling as to Motion No. 1 into this decision as to GRANTING the Motion t...

Excerpt: ...enter its order restraining all parties to the action from instituting or further prosecuting any other proceeding in any court in this state affecting the rights and obligations as between the parties to the interpleader until further order of the court.” The Motion includes essentially the same parties as the related action in which the court issued the above order. Additionally, the Motion seeks orders concerning the settlement for which int...

Excerpt: ...es, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Reynolds v. Ford Motor Company (2020) 47 Cal.App.5th 1105, 1112 (Reynolds), states, “In determining the methodology to be used to award attorney fees under the Song-Beverly Act, the appellate courts have unanimously concluded the lodestar adjustm...

Excerpt: ... 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 pleading, for the purpose of de...

Excerpt: ...oper subject of judicial notice. The court DENIES the Request for Judicial Notice as to Exhibits A and D because the court can consider the complaints filed in this action without taking judicial notice of them. The court takes not action on Defendant's Request for Judicial Notice, filed on 3-11- 22 under ROA No. 164, because it appears duplicative of the Defendant's Request for Judicial Notice filed under ROA No. 168. “A demurrer tests the ple...

Excerpt: ...it 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 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 infe...

Excerpt: ...ROA No. 103, is DENIED 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.) Plaintiffs' Evidentiary Objections to the Declaration of Nilufar Etemad, filed on 6-29-22 under ROA No. 92, are OVERRULED. Plaintiffs' Evidentiary Objections to the Declaration of Richard A. Muench, filed on 6-29-92 under ROA No. 93, are OVERRULED. Defendants' O...

Excerpt: ...ns and procedures: [¶] (1) If after notice and a reasonable opportunity to respond, the court issues and order pursuant to subdivision (a), the court may, subject to the conditions below, impose an appropriate sanction upon a party . . . [¶] (A) A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific alleged action or tactic, made in bad faith, that is frivolous or solely...

Excerpt: ...Judicial Notice filed o 5-2-22 under ROA No. 56. Plaintiff's Request for Judicial Notice (PRJN1) filed on 5-2-22 under ROA No. 66: The court GRANTS PRJN1 as to Exhibits B, C, and D pursuant to Evidence Code 452, subdivision (d). The court does not take judicial notice of the truth of the matters asserted in Exhibit D. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) The court notes that Exhibit A is not attached to PRJN 1. Plaintiff's Re...

Excerpt: ...51.26 after an attorney- client fee arbitration. (Petition; ¶¶ 1, 2, 4, and 6.) Business and Professions Code section 6203, subdivision (b), provides, “(b) Even if the parties to the arbitration have not agreed in writing to be bound, the arbitration award shall become binding upon the passage of 30 days after service of notice of the award, unless a party has, within the 30 days, sought a trial after arbitration pursuant to Section 6204. If ...

Excerpt: ...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 (disapproved on other grounds in Even Zohar Constr. & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) ...

Excerpt: ...n set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: [¶] (1) The necessity and the reasons for the discovery. [¶] (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of ...

Excerpt: .... 595: The court SUSTAINS Objections Nos. 1, 4, 7, 8, 10, 11, 23, 25, 26, 27, and 28. The court OVERRULES the remaining objections. Lynn v. George (2017) 15 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 p...

Excerpt: ...-21, Defendant served Plaintiff (Constance Ash) with “Form Interrogatories— General, Set No. One,” directed to Plaintiff Constance Ash, (Taitelman Decl., ¶ 3, and Exhibit A.) Defendant has not received responses to this discovery request. (Taitelman Decl., ¶ 12). Based on the above, the court GRANTS Defendant's (Palm Mesa Ltd.) unopposed Motion to Compel Plaintiff Constance Ash's Responses to Form Interrogatories (Set One) filed on 3-7- 2...

Excerpt: ...es, “An action may be brought by the attorney- general, in the name of the people of this state, upon his own information, or upon a complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise, or against any corporation, either de jure or de facto, which usurps, intrudes into, or unlawfully holds or exercises any franchise, within this state...

Excerpt: ...onstitute 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 or from a matter of which the court may ta...

Excerpt: ...acts 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 Empir...

Excerpt: ...h, 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, provides, “This rule of liberal construction ...

Excerpt: ...ceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.” Code of Civil Procedure section 377.32 states, “(a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent's successor in interest under this article, shall execute and file an affidavit ...

Excerpt: ...eged 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 122...

Excerpt: ...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.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851, (Aguilar), states, “Second, and generally, the party moving for summary judgment bears an initial bu...

Excerpt: ...If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: [¶] (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, 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...

Excerpt: ...rbitrate 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 revocation 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 P.2d 1061 (Rosenthal ), our Supreme Court set forth the procedure to be followed when ...

Excerpt: ... 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 deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information,...

Excerpt: ...f—Mario Marovic (Motion), filed on 2-24-22 under ROA No. 129, is GRANTED in part and DENIED in part as set forth below. Code of Civil Procedure section 2030.300, states 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 . . . ...

Excerpt: ...bly 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 protect the person from unreasonable or oppressiv...

Excerpt: ...ear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. [¶] (b) A motion under subdivis...

Excerpt: ...he 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 process: . . . [¶] (a) The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred ...

Excerpt: ... 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, (Aguilar), states, “Second, and generally, the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triab...

Excerpt: ...the court's decision as set forth below. (Code Civ. Proc., § 437c, subd. (q).) As to Objection No. 53, the court SUSTAINS Objection No. 53. 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 ...

Excerpt: ..., subdivision (b)(1) and (2), and 2033.080, subdivision (b)(1). On 6-28-22, the court granted Defendants Motion to Stay Case Pending Outcome of Related Criminal Proceedings as to Defendants Tanner and Parke. (6-28-22 Minute Order.) Defendants' Reply in Support of Motion for Protective Order (Reply), filed on 7-12- 22 under ROA No. 94, states, “The Motion is not moot as to Tanner and Parke because notwithstanding the Court's Order staying the ca...

Excerpt: ... proceeding expeditiously with this litigation or any particular aspect of it, and the potential prejudice to plaintiffs of delay; (2) the burden which any particular aspect of the proceedings may impose on defendants; (3) the convenience of the court in the management of its cases, and the efficient use of judicial resources; (4) the interests of persons not parties to the civil litigation; and (5) the interest of the public in the pending civil...

Excerpt: ...he injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249 (Strathvale), states, “ ‘ “Lack of jurisdiction in its most fundamental or strict sense means an entire absence of pow...