Excerpt: ...leges that the parties amended their agreement in 2014. (SACC, ¶ 36.) The SACC pleads breach because, “The promised advertising did not occur. . . .” (SACC, ¶ 36.) Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42 stated, “A demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily, barred. [Citation.] In order for the bar . . . to be raised by dem...

Excerpt: ...Plaintiff within the meaning of Code of Civil Procedure section 2033.280, subdivision (c) and California Rules of Court, rule 3.1348 (a). Although Plaintiff's counsel asserts circumstances make the imposition of sanctions unjust (Chambers Decl., ¶ 8), Code of Civil Procedure section 2033.280, subdivision (c), does not provide the court with authority to deny sanctions on this basis. Code of Civil Procedure section 2033.280, subdivision (c), stat...

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...

Excerpt: ...ngs. [¶] (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 shall serve the original of the response to them on the propounding party . . . .” Code of Civil Procedure section 2030.270, subdivision (a), explains, “The party propounding interrogatories,...

Excerpt: ...e plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” “A party may move for summary adjudication as to one or more causes of action within an action . . . if that party contends that the cause of action has no merit . . . A motion for summary adjudication shall be granted only if it completely disposes of a cause of action . . . .” (Code Civ. Proc., § 437c, sub...

Excerpt: ...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.4 th 445, 459.) Khoury v. Maly's...

Excerpt: ...unction 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.] “A trial court's determination of a motion for judgment on the pleadings accepts as true the factual allegations that the plaintiff makes. [Citations.] In addit...

Excerpt: ... convenient, less burdensome, or less expensive. [¶] (2) The selected method of discovery is unduly burdensome . . . .” Code of Civil Procedure section 2025.030, explains, “If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its officers . . . who are m...

Excerpt: ...ty has shown that one or more elements of the cause of action . . . cannot be established. 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 . . . .” (Code Civ. Proc., § 437c, subd. (p)(2); Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 72.) Defendants have met their initial burden of establishing that their c...

Excerpt: ...ollowed 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 is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bear...

Excerpt: ...ed 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 is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence.' . . .” Defendant moves to compel arbitratio...

Excerpt: ...omplete . . . [¶] (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 verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories.�...

Excerpt: ...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 verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories.” Code of Civil Proc...

Excerpt: ...s—General” . . . “Set No. Two (Request for Admissions)” on 1-12-18. (Malone Decl., ¶ 2 and Exhibit A.) Defendants have not received any discovery response to this request. (Malone Decl., ¶ 4.) Based on Plaintiff's failure to respond, the court GRANTS Defendants' (Syed Hussein and Nikki Hussein) Motion to Compel Plaintiff's Response to Defendants' Form Interrogatories, Set Two (filed on 4-9-18). The court orders Plaintiff to provide veri...

Excerpt: ...7 form the basis for Plaintiff's Motion for New Trial as stated in the Notice of Intent. Here, it appears that Plaintiff is requesting a new trial as to damages. Plaintiff asserts, “The court should not have modified the judgment of $286,198.00 awarded by the jury against Defendants . . . .” (Motion for New Trial filed on 5-11-18 (Motion), 1:37-38.) It appears that Plaintiff is claiming that the ambiguity in the verdicts regarding damages req...

Excerpt: ...thin the meaning of section 877.6: “(1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, (2) the amount paid in settlement, (3) the allocation of settlement proceeds among plaintiffs, and (4) a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include (5) the financial conditions and insurance policy limits of ...

Excerpt: ...nted in the following cases: . . . [¶] (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action.” Smith v. Adventist Health System/West (2010) 182 Cal.App.4 th 729, 749, provides, “A superior court must evaluate two interrelated factors when ruling on a request for a preliminary injunction: (1) the like...

Excerpt: ...“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 production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. [¶] (2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition . . . b...

Excerpt: ...for the purpose of reducing the premium, rate, or cost of the insurance. Any person convicted of violating this subdivision shall be punished by imprisonment in a county jail for one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or five years, or by a fine not exceeding fifty thousand dollars ($50,000), or double the value of the fraud, whichever is greater, or by both that imprisonment and fine.” Paragr...

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.4 th 445, 459.) Corporations Code section 409, subdivision (a)(1), states, “Shares may be issued: [¶] (1) For such consideration as is determined from time to time by the board, or by the shareholders if the articles so provide, consisting of any or all of the f...

Excerpt: ... to deliver, at the Property, respective letters . . . drafted to each Defendant, providing noticed that the City of Mission Viejo would be appearing ex parte . . . .” (4-16-18 MacMillan Decl., ¶ 5 and Exhibits B and C.) Although this declaration satisfies the ex parte notice requirements of California Rules of Court, rule 3.1204(b), there is no indication Defendants received the moving papers that support the requested relief. Additionally, o...

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.” Neglect is excusable where “. . . ‘ “a reasonably prudent person under the same ...

Excerpt: ...eeding. For the purposes of this section, ‘attorney's fees' means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract. [¶] (b) The motion shall be made on the grounds that the plaintiff resides out of the state . . . and that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding. The motion shall be accompanied by an a...

Excerpt: ...g sanctions pursuant to Code of Civil Procedure section 2023.030, subdivision (d) for misuse of the discovery process. (Code Civ. Proc., § 2030.010.) Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4 th 967, 992, states, “The trial court has broad discretion in selecting discovery sanctions, subject to reversal only for abuse. [Citations.] The trial court should consider both the conduct being sanctioned and its effect on the party seeking d...

Excerpt: ...e 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.” “A party may move for summary adjudication as to one or more causes of action within an action . . . if that party contends that the cause of action has no merit . . . A motion for summary adjudication shall be granted only if it completely disposes of a cause of action . . . .” (Code Civ...