Excerpt: ...ding beyond “. . . its Supplemental Response to Special Interrogatories Nos. 41-42, Set No. 3, or provide further production to Request for Productions Nos. 41-42., Set No. 3 . . . .” (Defendant's Notice of Motion, 2:6- 14.) The court, however, previously ordered Defendant to provide further responses to the subject discovery on April 17, 2018. (Fellmeth Decl., ¶ 3 and Exhibit A; see also, 4-17-18 Minute Order.) Although Defendant contends t...

Excerpt: ... 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 a petitioner seeks to compel arbitration: ‘[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement...

Excerpt: ...an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation. In determining what sanctions, if any, should be ordered, the court shall consider whether a party seeking sanctions has exercised due diligence. [¶] (1) 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...

Excerpt: ...ding beyond “. . . its Supplemental Response to Special Interrogatories Nos. 41-42, Set No. 3, or provide further production to Request for Productions Nos. 41-42., Set No. 3 . . . .” (Defendant's Notice of Motion, 2:6- 14.) The court, however, previously ordered Defendant to provide further responses to the subject discovery on April 17, 2018. (Fellmeth Decl., ¶ 3 and Exhibit A; see also, 4-17-18 Minute Order.) Although Defendant contends t...

Excerpt: ...ts 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.) As to the Second Cause of Action (Harassment Based on Sex), CACI No. 2521A explains the elements a Plaintiff must prove to establish this cause of action. Here, the First Amended Complaint adequately alleges this cause of action. The alleged actions b...

Excerpt: ...the deleted allegations are located; and [¶] (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. [¶] (b) A separate declaration must accompany the motion and must specify: [¶] (1) The effect of the amendment; [¶] (2) Why the amendment is necessary and proper; [¶] (3) When the facts giving rise to the amended allegations w...

Excerpt: ...ternational USA, Inc. went forward, and “. . . Plaintiff's counsel was present by telephone throughout the deposition.” (Exkigian Decl., ¶ 6.) Defendant's (D'Andrea Visual Communications, LLC) Request for Sanctions as to Motion Nos. 1 and 2: On 6-5-18, the court issued a tentative ruling as to Motion Nos. 1 and 2 that stated, “Based on the Plaintiff's Notice of Withdrawing the Motions for Protective Orders (filed on 5-30-18), these motions...

Excerpt: ...(a), provides, “If the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that determines the interests of the parties in the property and orders the partition of the property and, unless it is to be later determined, the manner of partition.” Plaintiff has not provided any authority showing that this court may enter an interlocutory judgment by way of a motion. Code of Civil Procedure section 872...

Excerpt: ...-Whitney Co. v. Glen (Bancroft-Whitney) (1966) 64 Cal.2d 327, 345, states, “ ‘ Corporate officers and directors are not permitted to use their position of trust and confidence to further their private interests. While technically not trustees, they stand in a fiduciary relation to the corporation and its stockholders. A public policy, existing through the years, derived from a profound knowledge of human characteristics and motives, has estab...

Excerpt: ...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.) Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4 th 612, 616, states, “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can ...

Excerpt: ...t 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.” “A motion for reconsideration may only be brought if the party moving for reconsideration can offer “new or different facts, circumstances, or law” which it could not, with reasonable diligence, have been discovered and produced at the time of the prior motion. A motion fo...

Excerpt: ...omplete. [¶] A representation of inability to comply is inadequate, incomplete, or evasive. [¶] An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with both of the following: [¶] (1) The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. [¶] (2) The motion shall be accompanied by a meet and confer declaration. [¶] (c) Unless n...

Excerpt: ...ry and investigation are ongoing. Plaintiff reserves the right to supplement this response in furtherance of discovery.” (Defendant's “Separate Statement in Support of Motion to Compel Further Responses to Special Interrogatories, Set No. Two” (filed on 5-16-18).) 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 res...

Excerpt: ....” Code of Civil Procedure section 2031.300, subdivision (b), provides, “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: [¶] (a) The party to whom the demand for inspection, c9opying, testing, or sampling is directed waives any objection the demand . . . [¶] (b) The party making the demand may move for an order compelling response ...

Excerpt: ...��A prevailing defendant, however, should not be awarded fees and costs unless the court finds the action was objectively without foundation when brought, or the plaintiff continued to litigate after it clearly became so. [Citation.]' (Williams v. Chino Valley Independent Fire District (2015) 61 Cal.4 th 97, 115; italics in original.) Here, there is no opposition to Plaintiff's motion. With respect to the first cause of action, the court finds th...

Excerpt: ...judicial notice of the definition of the words “the, “perform,” and “performance,” pursuant to Evidence Code section 451(e). Toal v. Tardif (2009) 178 Cal.App.4 th 1208, 1209, 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 a petitioner seeks to compel arbitration: ‘[W]hen a petition to ...

Excerpt: ...on (a), provides, The party to whom interrogatories have been propounded shall respond in writing under 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, “...

Excerpt: ... of the party's option to produce writings. [¶] (3) An objection to the particular interrogatory.” Code of Civil Procedure section 2030.220, provides, “(a) Each answer in a response to interrogatories shall be as complete and straight forward as the information reasonably 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 respondi...

Excerpt: .... Further, Plaintiff failed to meet and confer as required by Code of Civil Procedure section 2025.450, subdivision (b)(2). Code of Civil Procedure section 2025.450, subdivision (b)(2), states, “The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition . . . by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearanc...

Excerpt: ...r, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. [Citation.] “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 impl...

Excerpt: ...d, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. [Citations.] Whether a cost item was reasonably necessary to the litigation presents a question of fact for the trial court and its decision is reviewed for abuse of discretion. [Citation.] However, because the right to costs is governed strictly by statute [citations] a court has no discretion to award costs not statuto...

Excerpt: ...amages, a complaint must set forth the elements as stated in the general punitive damage statute, Civil Code section 3294. [Citation.] These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice.” (Turman v. Turning Point Of Central California, Inc. (2010) 191 Cal.App.4 th 53, 63.) Civil Code section 3294, subdivision (b), explains the circumstances under which punitive damages may apply to an ...

Excerpt: ...rally before the court, for settlement of the case, or part thereof, the court, 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 (1998) 60 Cal.App.4 th 793, 810 (Weddington), states, Although a judge hearing a section 66...

Excerpt: ...emanding 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.” (The court notes that the only party that served the subject discovery request is Defendant Anh Nguyen. (Nguyen Decl., ¶ 4 and Exhibit A.)) CCP § 2031.310(a)(1) provides: “On receipt of a response to a demand for inspection, copying, testi...

Excerpt: ...n 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 . . . [¶] (3) An objection to an interrogatory is without merit or too general. . . . [¶] (c) Unless notice of this motion is given within 45 days of the service of the verifie...