Excerpt: ...o five Public Records Act (PRA) requests that Petitioners submitted to the Orange County District Attorney's Office (OCDA). (Petition, ¶ 3.) The Petition alleges that Petitioners made the following requests pursuant to the PRA: (1) The 2-4-21 request by Petitioner—ACLU of Northern California. (Petition; ¶ 38 and Exhibit A.): (2) The 9-27-21 request by Petitioner—ACLU of Southern California. (Petition, ¶ 40 and Exhibit C.); (3) The 2-18-22 ...

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.” P e r e ...

Excerpt: ...quash service of summons on the ground of lack of jurisdiction of the court over him or her. [¶] (2) To stay or dismiss the action on the ground of inconvenient forum. [¶] (3) To dismiss the action pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8.” “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process ‘the burden is on the plaintiff to p...

Excerpt: ...a) “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, 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 ...

Excerpt: ...tice, filed on 6-14-23 under ROA No. 55, is DENIED as immaterial 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 1281.2 states 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 arbi...

Excerpt: ...aintiff/Cross-Defendant Forespar Products Corporation, Set One.” (Motion; 6:8-16, and Conti Decl., ¶¶ 4, 5, and Exhibits 1 and 2.) Specifically, the Motion seeks a protective order as to Special Interrogatory (SI) No. 24, and Request for Production (RFP) No. 18, 20, and 21. (Motion; 3:12-4:3.) Cross-Complainant's Opposition to Cross-Defendant Forespar Products Corporation and Cross-Defendant Scott Foresman's Motion for Entry of a Protective O...

Excerpt: ...t 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. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made before the commencement of the trial of the action, or before the verdict or judgment if settlement is made after the trial ha...

Excerpt: ...sions (d) and (h).) “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.4th 445...

Excerpt: ...g, 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 reasonable under the circumstances, all of the following conditions are met: [¶] (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of li...

Excerpt: ...[¶] (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or [¶] (3) the lawyer has obtained informed written consent from the client. If the lawyer represents the People or a governmental entity, the consent shall be obtained from the head of the office or a designee of the head of the office by which the lawyer is employed. [¶] (b) A lawyer may act as advocate in a trial in which another lawyer in...

Excerpt: ...omplaint. [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) 209 Cal.App.4th 1228, 1238, prov...

Excerpt: ...int. [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 nsportation Transit District (2012) 209 Cal.App.4th 122...

Excerpt: ...nce Code section 452, subdivisions (c) and (d). (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265 (disapproved on other grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4th 919, 939, footnote 13.) Code of Civil Procedure section 430.30, subdivision (a), states, “When any ground for objection to a complaint, cross-complaint, or answer appears on the face thereof, or from any matter of which the court is ...

Excerpt: ...e court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed. The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Sectio...

Excerpt: ...zation 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 cross- compla...

Excerpt: ...y order of the court in accordance with this title, any party may obtain discovery reqardinq any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seekin...

Excerpt: ...de of Civil Procedure sections 1987.1 and 2025.480." (Motion; 5:1-11.) 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...

Excerpt: .... Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265 (disapproved on other grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4th 91 g, 939, footnote 13.) Code of Civil Procedure section 437c, subdivision (p)(l), provides, "A plaintiff or cross complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to ...

Excerpt: ...idence Code section 452, subdivisions (d) and (h). Code of Civil Procedure section 438, subdivision 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." Eck/er v. Neutragena Corporation (2015) 238 Cal.App....

Excerpt: ...e 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. (1 gg8) 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, ...

Excerpt: ...plied or inferred from those expressly alleged in the complaint. [Citations.]" (City of Atascadero v. Merrill Lvnch, Pierce, Fenner & Smith, Inc. (1 gg8) 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 Transi...

Excerpt: ..., filed on 8-30-22 under ROA No. 11, pursuant to Code of Civil Procedure section 430.10, subdivision (c). The CC alleges causes of action for civil theft, embezzlement, and fraud. Code of Civil Procedure section 430.10 states, "The party against whom a complaint or cross- complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: . . . (c) There is another...

Excerpt: ... declaration containing facts sufficient to justify the sealing. (Cal. R. Ct. Rule 2.551, subd. The moving party bears the burden of providing "a specific enumeration of the facts sought to be withheld and specific reasons for withholding them." (H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894 [motion to seal properly denied where moving party "never identified any specific facts disclosure of which could harm any identified interest]. ) T...

Excerpt: ...7 Cal.App.4th 282, 307, fn. 18; The court notes that ROA Nos. 304 and 316 appear duplicative.) Toshiba America Electronic Components v. Superior Court (2004) 124 Cal.App.4th 762, 767 768 (Toshiba), states," 'Management of discovery generally lies within the sound discretion of the trial court. [Citations.] Where there is a basis for the trial court's ruling and it is supported by the evidence, a reviewing court will not substitute its opinion for...

Excerpt: ...ding the vehicle is exempt from judgment enforcement under Code Civ. Proc. S 720.260. The third-party claim is denied. The Court will hear further argument on the exemption. The court considered the Williams' supplemental declaration on reply. Plaintiff/]udgment Creditor's request for judicial notice is denied as unnecessary. Citation to orders in the court file is sufficient. Plaintiff's evidentiary objections are sustained as to nos. 3, 4, 6, 7...