Excerpt: ...aintiff's Response to Statement of Undisputed Material Facts in Opposition to John and Natalia A. Leehey's Motion for Summary [sic], filed on 12-10-19, as they are procedurally improper. The Separate Statement is not evidence. Any objections to evidence must comply with California Rules of Court, Rule 3.1354. As to Defendants' Objections to Evidence Offered in Support of Plaintiff's Opposition to Motion for Summary Judgment, filed on 12-18-19, th...

Excerpt: ...eged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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 th 1...

Excerpt: ...rately from other motions or requests and shall describe the specific alleged action or tactic, made in bad faith, that is frivolous or solely intended to cause unnecessary delay.” Code of Civil Procedure section 128.7, subdivision (c)(1), states, “A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b).” Since Cross-Defendan...

Excerpt: ...urden, 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 (q), states, in part, “In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition to the motion.” Aguilar v. Atl...

Excerpt: ...l Procedure section 2033.250, subdivision (a), provides, in part, “Within 30 days after service of the requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .” Code of Civil Procedure section 2033.260, subdivision (a), explains, “The party requesting admissions and the responding par...

Excerpt: ...ivision (b) may nevertheless be recoverable in the discretion of the court if ‘reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.' [Citation.] [¶] If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put ...

Excerpt: ...harm to the parties from issuance or nonissuance of the injunction. [Citation.]” “The trial court's determination must be guided by a ‘mix' of the potential-merit and interim-harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction. [Citation.] Of course, ‘[t]he scope of available preliminary relief is necessarily limited by the scope of the relief likely to be obtained at tria...

Excerpt: ...� 9 and Exhibit 7.) The central dispute between the Plaintiff and Bryan Cave pertains to whether Bryan Cave has validly asserted the attorney-client privilege and attorney work product doctrine to the documents listed in the privilege log. “Code of Civil Procedure section 2025.480 provides in part, “(a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponen...

Excerpt: ...ivision (b) may nevertheless be recoverable in the discretion of the court if ‘reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.' [Citation.] [¶] If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put ...

Excerpt: ...ve been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Robertson v. Fleetwood Travel Trailers of California, Inc. (Robertson) (2006) 144 Cal.App.4 th 785, 817- 818, states, “The plain wording of the statute requires the trial court to base the fee award upon actual time expended on the case, as long as such fees are reasonably incurred—both from the standpoint of time spent and the amou...

Excerpt: ... oath separately to each interrogatory by 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 2030.260, subdivision (a), provides, in relevant part, “Within 30 days after service of interrogatories, the party to whom the interrogatories are propounded s...

Excerpt: ... 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, we no...

Excerpt: ...ant the motion and enter an order for reclassification only if both of the following conditions are satisfied: [¶] (1) The case is incorrectly classified. [¶] (2) The moving party shows good cause for not seeking reclassification earlier.” Walker v. Superior Court (1991) 53 Cal.3d 257, 270, states, “We conclude section 396 permits a superior court to transfer a matter if, during the course of litigation, it reasonably concludes that the ver...

Excerpt: ...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.4 th 445, 459.) “Under the Claims Act, no suit for ‘money or damages' may be brought against a public entity until a written claim has been presented to the public entity and the claim either has been acted upon or is deemed to have bee...

Excerpt: ...l 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.4 th 445, 459.) “Under the Claims Act, no suit for ‘money or damages' may be brought against a public entity until a written claim has been pr...

Excerpt: ...4 th 394, 420-421, County of Riverside v. Public Employment Relations Board (2016) 246 Cal.App.4 th 20, 32, and Vergos v. McNeal (2007) 146 Cal.App.4th 1387, 1404) cited by Plaintiffs do not support their request for a stay. Code of Civil Procedure section 425.16, subdivision (c)(1), states, “Except as provided in paragraph (2), in an action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to re...

Excerpt: ...hat 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 (q), states, in part, “In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those o...

Excerpt: ... asserted in these documents. (Sosinsky v. Grant(1992) 6 Cal.App.4th 1548, 1564-1570.) The court DENIES the Motion because Cross-Defendants/Cross- Complainants fail to submit a separate statement in support of the Motion to Quash as required by Cal. Rules of Ct., Rule 3.1345(a). The court further DENIES the Motion for the reasons below. On 3-7-13, the court granted Cross-Complainants' motion for discovery regarding financial condition (filed on 1...

Excerpt: ...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 probability that the plaintiff will prevail on the claim. [¶] (2) In making its determination, the court shall co...

Excerpt: ...ck of jurisdiction of the court over him or her.” “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process ‘the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to effective service.' ” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413 (footnote 35 omitted); Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1160.) Lebel v. Mai (201...

Excerpt: ...rder. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.” Code of Civil Procedure section 2031.060, subdivision (b), provides, “The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the foll...

Excerpt: ...re section 170.6, subdivision (a)(2), provides, in relevant part, “The fact that a judge, court commissioner, or referee has presided at, or acted in connection with, a pretrial conference or other hearing, proceeding, or motion prior to trial, and not involving a determination of contested fact issues relating to the merits, shall not preclude the later making of the motion provided for in this paragraph at the time and in the manner herein pr...

Excerpt: ...ction 452, subdivision (d), as to the existence of the documents marked as exhibits, but not as to the truth of the matters asserted in these documents. (Sosinsky v. Grant (1992) 6 Cal.App.4 th 1548, 1564-1570.) On 3-7-13, the court granted Cross-Complainants' motion for discovery regarding financial condition (filed on 11-28-12). (3-7- 13 Minute Order.) On 7-29-14, the court appears to have confirmed the 3-7-13 ruling. (7-29-14 Minute Order.) On...

Excerpt: ...rt, upon motion, may enter judgment pursuant to the terms of the settlement. If requested, by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Weddington Productions, Inc. v. Flick (Weddington) (1998) 60 Cal.App.4 th 793, 809-810, states, “Section 664.6 was enacted to provide a summary procedure for specifically enforcing a settlement contract ...

Excerpt: ...urprise, 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, the court shall, whenever an application for reli...