Excerpt: ...section 2030.300 provides in pertinent 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. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documen...

Excerpt: ... 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 Empire Transportation Transit District (2012)...

Excerpt: ...ied 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 Empire Transportation Tra...

Excerpt: ...adero 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 1228, 1238, provides, “This rule of liberal constructi...

Excerpt: ...e 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. If the party opposing the petition raises a defense to enforce...

Excerpt: ...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, Fenner & Smith, Inc. (1998) 68 Cal.App....

Excerpt: ... Notice, filed on 6-21-22 under ROA No. 65, because the court can review legal authority without taking judicial notice of that authority. On 12-16-21 under ROA No. 2, Plaintiff filed a Complaint alleging violation of statutory obligations against Defendant—FCA US LLC (FCA) and Defendant— Normandin Chrysler Dodge Jeep Ram Fiat (Normandin). The Complaint alleged violation of statutory obligations against both Defendants. On 6-15-22 under ROA N...

Excerpt: ... a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. . . . [¶] (b) The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counteraffidavits...

Excerpt: ... (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 2016.040 . . . [¶] (c) Unless notice of...

Excerpt: ...ourt “[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 proceeding before it, in every matter pertaining thereto.” [Citations.] Ultimately, disqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility. [Citation.] The paramount concern mus...

Excerpt: ...rest of the plaintiffs in 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 pu...

Excerpt: ...itrate 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 proceed...

Excerpt: ...pecial 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 consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. . . .” Code of Civil Procedure section 425.16, subdivision (e), states, “As used in this section, ‘ac...

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 R...

Excerpt: ...ng 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 the ...

Excerpt: ...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: [¶] (1) the motio...

Excerpt: ...r Judicial Notice (RJN) filed on 5-17-22: The court GRANTS the RJN as to the existence of Exhibit A, but not as to the truth of the matters asserted. (Evid. Code, § 452, subd. (d), and Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) The court GRANTS the RJN as to Exhibit B. (Evid. Code, § 452, subd. (d).) Code of Civil Procedure section 437c, subdivision (p)(2) provides, “A defendant . . . has met his or her burden of showing that a ...

Excerpt: ...se of action, even if not separately pleaded, cannot 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.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part, “A party may move for summary adjudi...

Excerpt: ...intiff 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 specific facts showing that a triable issue of ma...

Excerpt: ...e answer to a complaint shall contain: [¶] (1) The general or specific denial of the material allegations of the complaint controverted by the defendant. [¶] (2) A statement of any new matter constituting a defense.” Code of Civil Procedure section 430.20, provides, ““A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: [¶] (a) Th...

Excerpt: ...ch, 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 1228, 1238, provides, “This rule of liberal construction means that the re...

Excerpt: ...d, 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 must be liberally construed, with a view to substantial justice between the parties.�...

Excerpt: ...y, then the party who is determined to be the party prevailing on the contract, whether he or she is the p a r t y s p e c i f i e d i n t h e c o n t r a c t o r n o t , s h a l l b e e n t i t l e d t o r e a s o n a b l e a t t o r n e y ' s f e e s i n a d d i t i o n to other costs. [¶] Where a contract provides for attorney's fees, as set forth above, that provision shall be construed as applying to the entire contract, unless each party w...

Excerpt: ...own that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the . . . cross-defendant . . . has met that burden, the burden shifts to the . . . cross-complainant . . . 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...

Excerpt: ...nt 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. . . . 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 ...

Excerpt: ...4 is immaterial to the court's decision. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) Code of Civil Procedure section 2031.310 provides in part, “(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, 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: [¶...

Excerpt: ... subdivision (d). The Notice of Motion (Notice), filed on 2-2-22 under ROA 67, states, “This motion is based on the following grounds. First, Cross-Complainants' fifth cause of action for negligent infliction of emotional distress arises from and is based on Cross-Defendants' protected litigation- related activity. Second, Cross-Complainants' sixth cause of action for intentional infliction of emotional distress arises from and is based on Cros...

Excerpt: ...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 2016.040 . ....

Excerpt: ...rest of the plaintiffs in 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 pu...

Excerpt: ...ecorded with the notice of pendency of action.” Code of Civil Procedure section 405.30 provides, in part, “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. . . . Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence ...

Excerpt: ...o 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 provides in part, “(a) 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 is filed.” Code of Civil Procedure section ...

Excerpt: ...nt, or employee of a party, or a person designated by an organization that is a party under Section 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 a...

Excerpt: ...ation filed on 4-7-22 under ROA No. 113: The court SUSTAINS Objection Nos. 1, 4, 6, 19, 20, 21, 22, 23, 24, 25, 26, and 27, and OVERRULES the remaining objections. The court SUSTAINED all of the objections to the declaration of Robert Patcheck because it does not comply with Code of Civil Procedure section 2015.5. The Notice seeks summary adjudication as to the second, third, fourth, sixth, and the claim/prayer for punitive damages contained in P...

Excerpt: ... 18, 20, 21, 22, 23, 25, 26, and 29. The court OVERRULES the remaining objections. Defendants' Objection to Declaration of Dr. Edmon Sarraf filed on 5-13-22 under ROA No. 909: The court SUSTAINS Objection Nos. 14 and 14. The court OVERRULES the remaining objections. Defendant's Objection to Declaration of Mike Gunther: The court declines to rule on these objections as they are immaterial to the court's decision set forth below. Code of Civil Proc...

Excerpt: ...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 1228, 1238, provides, “This rule of liberal const...

Excerpt: ...dicial Notice (DRJN) filed on 1-25-22 under ROA No. 301: The court GRANTS DRJN pursuant to Evidence Code section 452, subdivision (d), as to all Exhibits. Plaintiff's Request for Judicial Notice (PRJN) filed on 5-17-22 under ROA No. 425: The court GRANTS PRJN pursuant to Evidence Code section 452, subdivision (d), as to all exhibits. Defendant's Supplemental Request for Judicial Notice (DSRJN) filed on 5-26-22 under ROA No. 441: The court DENIES ...

Excerpt: ...n to amend a pleading before trial must: [¶] (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; [¶] (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and [¶] (3) State what allegations are proposed to be added to the p...

Excerpt: ... v. New Century Mortgage Corporation (2016) 62 Cal.4th 919, 939, footnote 13.) Code of Civil Procedure section 128.7 states in part, “. . . (b) By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry r...

Excerpt: ...on v. Superior Ct. (Appleton) (1988) 206 Cal.App.3d 632, 636, states, “Unsworn responses are tantamount to no responses at all.” On 8-4-21, Plaintiff served Defendant (Scobeez, Inc.) with “Form Interrogatories—General Set No. 1.” (Carrico Decl., ¶ 4 and Exhibit 1.) After Plaintiff granted an extension to respond, Plaintiff had not received responses to this discovery request. (Carrico Decl., ¶¶ 6 and 7, and Exhibit 3, 4, and 5.) Defe...

Excerpt: ...intiff 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 specific facts showing that a triable issue of ma...

Excerpt: ...-7-21 under ROA No. 250, is GRANTED pursuant to Evidence Code section 452, subdivision (d). Plaintiff's (Cynthia L. Brown) Request for Judicial Notice (PRJN), filed on 10-27-21 under ROA No. 280, is GRANTED pursuant to Evidence Code section 452, subdivision (d), as to Exhibit A, and GRANTED pursuant to Evidence Code section 452, subdivision (c), as to Exhibits B and C. Defendant's Supplemental Request for Judicial Notice (SRJN), filed on 10-26-21...

Excerpt: ...282, 307, fn. 18.) 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 ...

Excerpt: ...or Order Deeming Plaintiff Cynthia L. Brown a Vexatious Litigant Who Must Provide Security for Defendant's Costs and Attorney Fees (Motion), filed on 7-7-21 under ROA No. 255, is GRANTED. Defendant's Request for Judicial Notice (DRJN), filed on 7-7-21 under ROA No. 250, is GRANTED pursuant to Evidence Code section 452, subdivision (d). Plaintiff's (Cynthia L. Brown) Request for Judicial Notice (PRJN), filed on 10-27-21 under ROA No. 280, is GRANT...

Excerpt: ...y 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 justifying the discovery sought b...

Excerpt: ...de section 1793.2, subdivision (d); (2) Violation of Civil Code section 1793.2, subdivision (b); (3) Violation of Civil Code section 1793.2, subdivision (a)(3); (4) Breach of Express Warranty (Civil Code section 1791.2, subdivision (a), and Civil Code section 1794); (5) Breach of Implied Warranty of Merchantability (Civil Code sections 1791.1, 1794, and 1795.5); and (6) Fraudulent Inducement. Code of Civil Procedure section 1281.2 states in part,...

Excerpt: ...evious pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, 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) Supporting declaration [¶] A separate declaration must accompany the motion and must specify: [¶] (1) The effect of the...

Excerpt: ...sed to be deleted, if any, and where, by page, paragraph, and line number, 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) Supporting declaration [¶] A separate declaration must accompany the motion and must specify: [¶] (1) The effect of the amendment; [¶] (2) Why ...

Excerpt: ...declines to rule on these objections as they are immaterial to the court's ruling as set forth below. Defendants' Objections to Supplemental Declaration of Jon Kliewer filed on 1-31-22 under ROA No. 114: The court OVERRULES Objections Nos. 1, 2, 3, 4, 5, and 6. The court SUSTAINS Objection No. 7. Lydig Construction, Inc. v. Martinez Steel Corp. (2015) 234 Cal.App.4th 937, 943-944 (Lydig), explains, “The procedures and grounds for obtaining orde...

Excerpt: ...�� (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 1228, 1238, provides, “This rule of l...

Excerpt: ...o 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 must be liberally construed, with a view to substantial justice between the parties.” Perez v....

Excerpt: ...f a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent's personal representative on their behalf: [¶] (a) The decedent's surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by inte...

Excerpt: ... of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits. [¶] (c) The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following: [¶] (1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter...

Excerpt: ...every matter pertaining thereto.' [Citations.].” Flatt v. Superior Court (1994) 9 Cal.4th 275, 283-284 (Flatt), provides, “Where the potential conflict is one that arises from the successive representation of clients with potentially adverse interests, the courts have recognized that the chief fiduciary value jeopardized is that of client confidentiality. Thus, where a former client seeks to have a previous attorney disqualified from serving ...

Excerpt: ...-7-21 under ROA No. 250, is GRANTED pursuant to Evidence Code section 452, subdivision (d). Plaintiff's (Cynthia L. Brown) Request for Judicial Notice (PRJN), filed on 10-27-21 under ROA No. 280, is GRANTED pursuant to Evidence Code section 452, subdivision (d), as to Exhibit A, and GRANTED pursuant to Evidence Code section 452, subdivision (c), as to Exhibits B and C. Defendant's Supplemental Request for Judicial Notice (SRJN), filed on 10-26-21...

Excerpt: ...ame of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. 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 or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.” “It is well established that ‘California courts “have ...

Excerpt: ...r period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. [¶] (2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria per...

Excerpt: ...nformation is used in a court proceeding, it usually becomes part of the public record of the proceeding and its confidentiality often cannot be protected in that record. Much of the information that we collect and maintain in our records on individuals is especially sensitive. Therefore, we follow the rules in paragraph (d) of this section in deciding whether we may disclose information in response to an order from a court of competent jurisdict...

Excerpt: ...unty of Orange (2011) 197 Cal.App. 4th 282, 307, fn.18.) On 12-14-21 under ROA No. 95, Plaintiff (Roger Chavez) filed a Second Amended Complaint (SAC) against Defendant—Hyundai Motor America alleging the following causes of action: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code section 1793.2, subdivision (b); (3) Violation of Civil Code section 1793.2, subdivision (a)(3); (4) Violation of Civil Code se...

Excerpt: ...use 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 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 Richfiel...

Excerpt: ...adero 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 1228, 1238, provides, “This rule of liberal constructi...

Excerpt: ...tions in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, 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) Supporting declaration [¶] A separate declaration must accompany the motion and must specify: [¶] (1) Th...

Excerpt: ...bjections because they are immaterial to the court's ruling as set forth below. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff's (Ngoc Tran) Objections to the City of Santa Ana's Evidence in Support of Defendant's Motion for Summary Judgment/Adjudication filed on 4-12-22 under ROA No. 143 as an attachment to the Motion: The court DECLINES to rule on these objections because they are immaterial to the court's ruling as set forth below. (Code Civ...

Excerpt: ...-7-21 under ROA No. 250, is GRANTED pursuant to Evidence Code section 452, subdivision (d). Plaintiff's (Cynthia L. Brown) Request for Judicial Notice (PRJN), filed on 10-27-21 under ROA No. 280, is GRANTED pursuant to Evidence Code section 452, subdivision (d), as to Exhibit A, and GRANTED pursuant to Evidence Code section 452, subdivision (c), as to Exhibits B and C. Defendant's Supplemental Request for Judicial Notice (SRJN), filed on 10-26-21...

Excerpt: ...omplainant 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 specific facts showing that a triable issue of material fact exist...

Excerpt: ...sts between the parties: [¶] (a) To hear and determine any or all of the issues in an action or proceeding, whether of fact or of law, and to report a statement of decision. [¶] (b) To ascertain a fact necessary to enable the court to determine an action or proceeding. . . .” Tarrant Bell Property, LLC v. Superior Court (2011) 51 Cal.4 th 538, 540 (Tarrant), states, “We granted review in this case to decide whether, under Code of Civil Proc...

Excerpt: ...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.) Code of Civil Procedure section 452, states, “In the construction of a ple...

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: ...g rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories.” Here, Defendant served Plaintiff (John W. Andrew, Sr., by and through his Successor in Interest, John W. Andrew, Jr.) with “Form Interrogatories—General, Set No. One” on 3-19- 21. (Stilz Decl., ¶ 2, and Exhibit A.) As of the date of the declaration, Defendant has not received responses to this discove...

Excerpt: ...ation filed on 4-7-22 under ROA No. 113: The court SUSTAINS Objection Nos. 1, 4, 6, 19, 20, 21, 22, 23, 24, 25, 26, 27 30, and OVERRULES the remaining objections. The court SUSTAINED all of the objections to the declarations of Robert Patcheck and Harry McGovern because those declarations do not comply with Code of Civil Procedure section 2015.5. The Notice seeks summary adjudication as to the second, third, fourth, sixth, and the claim/prayer fo...

Excerpt: ...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 must be liberally construed, with a view to substantial ...

Excerpt: ...ks summary adjudication summary adjudication of the negligence, strict products liability, and breach of the implied warranty causes of action. (Notice; 8-19.) 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, ...

Excerpt: ...ause 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 trial and the relative balance of the interim harms that are likely to result from the granting or denial of preliminary injunctive relief. [Citations.]” (County of Kern v. T.C.E.F., Inc. (2016) 246 Cal....

Excerpt: ...hose exhibits, but not the truth of the matters asserted in Exhibits 1, 4, 6, and 7. (Sosinsky v. Grant (1992) 6 Cal.App.4 th 1548, 1564-1570.) The court DENIES the Request for Judicial Notice as to Exhibit 5. Petitioner has brought a First Amended Petition for Writ of Mandate (FAP), filed on 10-5-21 under ROA No. 134, against Respondent pursuant to Code of Civil Procedure sections 1085 and 1094.5. (FAP, ¶ 17.) Code of Civil Procedure section 10...

Excerpt: ...h 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 justifying the discovery sought by the demand. [¶] (2) The motion shall be accompanied by a meet and confer dec...

Excerpt: ... DENIED. Code of Civil Procedure section 1987.1 states, in part, “(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an o...

Excerpt: ...a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. [¶] (2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to whom the li...

Excerpt: ...ty with the laws of 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,...

Excerpt: ...ent, or employee of a party, or a person designated by an organization that is a party under Section 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 ...

Excerpt: ...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 complaint does not state facts sufficient to constitute a cause of action against that defendant.” Eckler v. Neutragena Corporation (2015) 238 Cal.App.4 th 433, 439 (Eckler), states, “ ‘A motion for judgment on the pleadings...

Excerpt: ... contract, whether he or she is the p a r t y s p e c i f i e d i n t h e c o n t r a c t o r n o t , s h a l l b e e n t i t l e d t o r e a s o n a b l e a t t o r n e y ' s f e e s i n a d d i t i o n to other costs. [¶] Where a contract provides for attorney's fees, as set forth above, that provision shall be construed as applying to the entire contract, unless each party was represented by counsel in the negotiation and execution of the con...

Excerpt: ...d in Cross-Complainant's (Ron Thauer) Second Amended Cross-Complaint (SACC), filed on 10-6-21 under ROA No. 522. (Demurrer; 2:10-17.) The Demurrer contends, “The Section 496 claim should be dismissed because it was added it [sic] without leave of court.” (Demurrer; 4:21.) Cross-Complainant's Opposition to Demurrer to Second Amended Cross-Complaint (Opposition), filed on 3-16-22 under ROA No. 575, asserts, “As stated above, the general set o...

Excerpt: ... part, “A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent's personal representative on their behalf: [¶] (a) The decedent's surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entit...

Excerpt: ...t of any wrongful acts or omissions on its part in the performance of its duties as trustee, then, at any time, the trustee may file a declaration of nonmonetary status. The declaration shall be served on the parties in the manner set forth in Chapter 5 (commencing with Section 1010) of Title 14 of the Code of Civil Procedure. [¶] (b) The declaration of nonmonetary status shall set forth the status of the trustee as trustee under the deed of tru...

Excerpt: ...robeck, Phleger & Harrison (1998) 18 Cal.4 th 739, 748, fn. 6). “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, Fe...

Excerpt: ...ions filed on 3- 15-22 under ROA No. 135: The court declines to rule on these objections because they are not material to the court's ruling as set forth below. Code of Civil Procedure Section 1281.2, provides in part, “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petit...

Excerpt: ...t to an authorized method of discovery. . . [¶] (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, may impose the following sanctions against anyone engaging in conduct that is a misuse of the ...

Excerpt: ...rtheless 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 in issue and the bur...

Excerpt: ...ure section 2030.090 states in part, “(a) When interrogatories have been propounded, the responding party, and any other party or affected natural person or organization may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (b) The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization fr...

Excerpt: ... 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 justifying the discovery sought by the demand. [�...

Excerpt: ...cludes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the ‘prevailing party' shall be as determined by the court, and under those circumstances,...

Excerpt: ... not drawn or filed in conformity with the laws of 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...

Excerpt: ...That this court should now consider entering its order vacating and setting aside the Dismissal filed/entered on July 9, 2021, and allow Plaintiff to litigate this matter on the merits as against all proper defendants.” (Motion; 5:11-27.) The Motion also asserts, “That as a result of this mistake, inadvertence, surprise, excusable neglect and/or extrinsic fraud, MOVANTS will be denied to have this matter fairly determined on the merits.” (M...

Excerpt: ...itigant' means a person who does any of the following: [¶] (1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. [¶] (2) After a litigation has been f...

Excerpt: ...as 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.4 th 826, 850-851 (fns. 13 and 14 omitted), 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 triable issu...

Excerpt: ...fidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.” Combs v. Skyriver Communications, Inc. (2008) 159 Cal.App.4th 1242, 1269-1270 (Combs), explains, “Code of Civil Procedure section 437c, subdivision (h) provides in part: �...

Excerpt: ....]” (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.4 th 1228, 1238, provides, “This rule ...

Excerpt: ...dure section 2030.300 states, “(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. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequat...

Excerpt: ... 12-28-21 under ROA No. 255: People v. Smith (2009) 179 Cal.App.4 th 986, 1001, states, “Evidence Code sections 1410 through 1421 list various methods of authentication of documents—e.g., by the testimony of a subscribing witness or a handwriting expert—but these methods are not exclusive. (Evid. Code, § 1410; People v. Olguin (1994) 31 Cal.App.4th 1355, 1372, 37 Cal.Rptr.2d 596.) ‘California courts have never considered the list set for...

Excerpt: ...nce filed on 2-17-22 under ROA No. 135: The court DECLINES to rule on these objections as they are immaterial to the court's decision. (Code Civil Proc., § 437c, subd. (q).) Plaintiff's Opposition to Defendant County of Orange's Motion for Summary Judgment (Opposition), filed on 2-8-22 under ROA No. 117, makes a request for judicial notice. (Oppostion; pg. 8 at footnote 1.) The court DENIES this request for judicial notice because it does not co...

Excerpt: ...e court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Sanchez v. Superior Court (1988) 203 Cal.App. 3d 1391, 1396 (Sanchez), states, “There are two types of consolidation: a complete consolidation resulting in a single action, and a consolidation of s...