Excerpt: ... 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 this ...

Excerpt: ...d 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.” P e r e z v . G o l d e n E m p i r e T r a...

Excerpt: ...Orange (2011) 197 Cal.App.4th 282, 307, fn. 18 (Silverado.) “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...

Excerpt: ...dure section 481.010 et seq. Generally, an order of attachment may be issued only in an action for a claim of money that is based upon an express or implied contract where the total amount of such claim is a fixed or ‘readily ascertainable' amount not less than $500. (§ 483.010, subd. (a).) [¶] Before an attachment order is issued, the court must find all of the following: (1) the claim upon which the attachment is based is one upon which an ...

Excerpt: ...hat 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.” Code of Civil Procedure section 437c, subdivision (f)(1), p...

Excerpt: ...ge (2011) 197 Cal.App.4th 282, 307, fn. 18 (Silverado.) The court OVERRULES the objection as to Exhibit N. The court SUSTAINS the following objections as set forth in Respondent's Evidentiary Objections: (1) Hand Decl., ¶¶ 7 and 18,; (2) Hand Supp. Decl., ¶¶ 10, 11, 12, 16, 17, 26, 30, 34, and (3) Fink Supp. Decl., ¶¶ 6, 8, 9, 10, 12, 13, 15, 17, 19, and 20 (except for the reference in ¶ 20 as to the need for expert testimony). The court O...

Excerpt: ...(Ed Sachs, Wendy Bucknam, Greg Raths, and City of Mission Viejo) Evidentiary Objections filed on 7-12-23 under ROA No. 432: The court DECLINES TO RULE on the objections as to Exhibits B, C, D, E, F, G, H, I, J, K, L, M, N, O, and P as immaterial to the court's decision as set forth below under Silverado. The court SUSTAINS the following objections as set forth in Respondents' Evidentiary Objections: (1) Hand Decl., ¶¶ 14, 15, 16, 36, 37, 40, 41...

Excerpt: ...e 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.4th 445, 459.) Planning & Conservation League v. Castaic Lake Water Agency (2009) 180 ...

Excerpt: ...f 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.” P e r e z v...

Excerpt: ... 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 determining its effect, its allegations must be liberally construed, with a view ...

Excerpt: ...court DECLINES TO RULE on Defendants' Objections, filed on 7-3-23 under ROA No. 366, as immaterial to the court's ruling as set forth below. (Code Civ. Proc., § 437c, subd. (q).) 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, can...

Excerpt: ...e in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. . . .” Code of Civil Procedure section 1048, subdivision (b), states, “The court, in furtherance of convenie...

Excerpt: ...l to the court's decision as set forth below. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) Code of Civil Procedure section 2033.290 states, in part, “(a) On receipt of a response for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: [¶] (1) An answer to a particular reque...

Excerpt: ... 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 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 [¶]...

Excerpt: ...ntive courtroom proceedings in ordinary civil cases, and the transcripts and records pertaining 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 tha...

Excerpt: ...of Civil Procedure section 1010 requires that a notice of motion must state ‘the grounds upon which it will be made.' California Rules of Court, rule 311 requires a notice of motion to state in its opening paragraph ‘the nature of the order being sought and the grounds for issuance of the order.' As a general rule, the trial court may consider only the grounds stated in the notice of motion. [Citations.] An omission in the notice may be overl...

Excerpt: ...creation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.); (2) Defendants improperly submitted their Request for Judicial Notice after Plaintiff (Joshua Derek Brown) filed the Opposition to this Motion. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537–1538.) Code of Civil Procedure section 436, states, “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms i...

Excerpt: ...or improper matter inserted in any pleading. [¶] (b) Strike out all or any part of any pleading 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...

Excerpt: ...rocedure section 1010 requires that a notice of motion must state ‘the grounds upon which it will be made.' California Rules of Court, rule 311 requires a notice of motion to state in its opening paragraph ‘the nature of the order being sought and the grounds for issuance of the order.' As a general rule, the trial court may consider only the grounds stated in the notice of motion. [Citations.] An omission in the notice may be overlooked if t...

Excerpt: ...11-9-22, Plaintiff served Defendants (Ojin Kwon, Hokyung Lee, and Jin Dental) with “Special Interrogatories, Set One.” (Sohn Decl., ¶ 3 and Exhibit A.) It appears that Defendants did not provide responses to this discovery request. (Sohn Decl., ¶ 4 and Exhibit B.) Defendants' Opposition to Plaintiff's Motion to Compel Defendants' Responses to Further Special Interrogatories, Set One (Opposition), filed on 6-27-23 under ROA No. 275, states, ...

Excerpt: ...ition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. [¶] (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040. . . .” The Motion seeks to compel Plaintiff (Pauline P. Nguyen) to answer questions regarding “overcharge allegations” and questions rega...

Excerpt: ...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.” P e r...

Excerpt: ...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.” P e r e z v . G o l d e n E m p i ...

Excerpt: ...ction 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, 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...

Excerpt: ...fs' Characterization of Evidence, filed on 5-23-23 under ROA No. 247, as immaterial to the court's decision as set forth below. (Code Civ. Proc., § 437c, subd. (q).) The court DECLINES TO RULE on Plaintiffs' Evidentiary Objections, filed on 6-1-23 under ROA No. 254, as immaterial to the court's decision as set forth below. (Code Civ. Proc., § 437c, subd. (q).) Code of Civil Procedure section 437c, subdivision (p)(1), provides, “A plaintiff or...