Excerpt: ... she stated on the record that she understood and agreed to the terms stated as part of the settlement agreement. In light of the settlement recited in open court, the court dismissed the Complaint and Cross-Complaint with prejudice. Court clerk is to give notice. ...

Excerpt: ...Permanente Billing Department/Civil, and S.C.P.M.G./Radiology. The subpoenas are overbroad because they seek Plaintiff's entire lifetime medical history. Plaintiff's lifetime medical history is not reasonably at issue. The court expects the parties to meet and confer on this issue before filing any subsequent motion related to this discovery. The court imposes sanctions in the amount of $1,125.00 against Defendant because it does not appear that ...

Excerpt: ...n 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 party may agree to extend the time for service of a response ...

Excerpt: ...thorizes terminating sanctions for misuse of the discovery process. (See also, Code Civ. Proc., § 2023.010.) 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 discovery and, in choosing a sanction, sho...

Excerpt: ...the trial court, that discretion is not unfettered. For instance, except under limited circumstances, the court may not consider the convenience of the parties or of their employees in passing upon the motion. [Citations.] There is, however, an exception to the rule prohibiting consideration of convenience to a party when ‘the serious illness of a party will prevent his traveling to attend the trial in the other county and his testimony is mate...

Excerpt: ...ed or readily ascertainable amount not less than $500; (2) The creditor's claim is probably valid; (3) The attachment is not sought for any purpose other than securing the creditor's claim; and (4) The amount secured by the attachment is greater than zero. (Code of Civ. Proc, §§ 483.010 and 484.090.) An attachment may issue only upon a claim for money based upon an express or implied contract. (Code Civ. Proc., § 483.010, subd. (a).) Under Cod...

Excerpt: ...s (return receipt requested), Moving Counsel called Plaintiff's last known telephone number, Moving Counsel made attempts to contact Plaintiff's guardian for four months, and Moving Counsel served the guardian with the motion at an email address provided by the guardian in November of 2017. Thus, the above shows that Moving Counsel has complied with California Rules of Court, rule 3.1362. The declaration states, in part, “There has been a compl...

Excerpt: ...own, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. The protective order may include, but is not limited to, one or more of the following directions: . . [¶] (6) That a party or a side reduce the list of employed or retained experts designated by that party or side under subdivision (b) of Section 2034.210. Plaintiff has not complied with Code of C...

Excerpt: ...er impair or impede his ability to protect that interest or (ii) leave any of the person already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest. If he has not been so joined, the court shall order that he be made a party.” Plaintiffs seek to join First American Title Insurance Company (First American). The Complaint for Joinder alleges that First Ameri...

Excerpt: ...ntial probability of prevailing on a claim as required by Code of Civil Procedure section 425.13. The court disregards the new evidence attached with the reply papers. (Jay v. Mahaffey (2013) 218 Cal.App.4 th 1522, 1537-1538.) Defendant's attorney contacted the court clerk on Friday, 5-18-18, and informed the court clerk that Defendant was taking the following motions off calendar: (1) Defendant's Motion to Compel Responses to Defendant's Form In...

Excerpt: ...t, “. . . The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .” “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 prejudice the substantial rights of others.” [Ci...

Excerpt: ...�� Code of Civil 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...

Excerpt: ... without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it . . . the party giving the notice may move for an order compelling the deponent's attendance and testimony . . . .” Code of Civil Procedure section 2025.450, subdivision (b)(2), states in relevant part, “A motion under subdivision (a) shall comply with both of the following: . . . [¶] (2) The motion shall be accompanied by ...

Excerpt: ...calculated to lead to the discovery of admissible evidence. (Code Civ. Proc., § 2017.010.) Civil Code section 1785.19, states, in relevant part, “(a) In addition to any other remedy provided by law, a consumer may bring an action for a civil penalty . . . against any of the following: [¶] (1) A person who knowingly and willfully obtains access to a file other than as provided in Section 1785.11. [¶] (2) Any person who knowingly and willfully...

Excerpt: ...ompanied by a declaration which sets forth a brief background of the case is sufficient.” Here, no opposition has been filed. The Complaint, Defendants' Motion, and the declaration of James M. Goldman together make a showing that the settlement reached Defendants and Plaintiffs was in good faith. Defendants (Eloy Chavez and Donna Chavez) are to give notice. Defendant's (Holt Meyer who is also ca Cross-Complainant and Cross-Defendant) Motion for...

Excerpt: ...ompliance with the demand is incomplete. [¶] 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 confe...

Excerpt: ...t's Motion to Strike (filed on 3-5-18) is MOOT, and off calendar. Defendant's Demurrer challenges the first (Intentional Misrepresentation) and second (Negligence) causes of action. “The essential elements of a count for intentional misrepresentation are (1) a misrepresentation, (2) knowledge of falsity, (3) intent to induce reliance, (4) actual and justifiable reliance, and (5) resulting damage. [Citation.]” (Chapman v. Skype Inc. (2013) 220...

Excerpt: ...tion at law sits in the twilight zone of abatement with the trial court retaining merely vestigial jurisdiction over matters submitted to arbitration.' [Citation.] During that time, under its ‘vestigial' jurisdiction, a court may: appoint arbitrators if the method selected by the parties fails (§ 1281.6); grant a provisional remedy ‘but only upon the ground that the award to which an applicant may be entitled may be rendered ineffectual with...

Excerpt: ...f 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 shall serve the original of the response to them on the propounding party . . . .” Code of Civil Procedure section 2030.270, subdivision (a), explains, “T...

Excerpt: ...e Second (Negligent Infliction of Emotional Distress), Fifth (Assault and Battery) and Seventh (Failure to Obtain Informed Consent) Causes of Action. Initially, the Demurrer, based on the statutes of limitation, is OVERRULED because Defendant failed to address the “relations-back doctrine.” “ ‘ “ ‘[a] demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily, barred. [Citation.] . . . .' �...

Excerpt: ...heir seventh cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”].) Defendants are to give notice. ...

Excerpt: ... as a basis for judgment. Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. Thus, the filing of an amended complaint renders moot a demurrer to the original complaint.” (Internal quotation marks and citations omitted.) ...

Excerpt: ...itations.] [¶] ‘There is a difference between the capacity to sue, which is the right to come into court, and the standing to sue, which is the right to relief in court.' [Citation.] ‘Incapacity is merely a legal disability, such as infancy or insanity, which deprives a party of the right to come into court. The right to relief, on the other hand, goes to the existence of a cause of action. It is not a plea in abatement, as is lack of capaci...

Excerpt: ...all be answered to the extent possible. [¶] (c) If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party.” Code of Civil Procedure section 2030.230, provides, “If t...

Excerpt: ...al.App.4 th 433, 439, 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.] “A trial court's determination of a motion for judgment on the pleadings...