Excerpt: ... 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.) 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 parti...

Excerpt: ...alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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 t...

Excerpt: ...rmines 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 the revocation of the agreement.” Toal v. Tardif (2009) 178 Cal.App.4 th 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 p...

Excerpt: ...ds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4 th 919, 939, footnote 13.) The court does not consider Exhibit F for the truth of the matters asserted in it. (Sosinsky v. Grant (1992) 6 Cal.App.4 th 1548, 1564-1570.) The court GRANTS Plaintiff's (Paula Gilbert-Bonnaire) Request for Judicial Notice, filed on 7- 6-21 under ROA No. 409, pursuant to Evidence Code section, subdivisions (d) and (h). The court does not consider the dec...

Excerpt: ...o v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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 of liberal construction...

Excerpt: ...California State Automobile Association (Ladas) (1993) 19 Cal.App.4 th 761, 773-774, states, “ ‘[S]ection 1033.5, enacted in 1986, codified existing case law and set forth the items of costs which may or may not be recoverable in a civil action. [Citation.]' [Citation.] An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nevertheless be recoverable in the discretion of the court if ‘reasonably n...

Excerpt: ...rmation, 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 opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including...

Excerpt: ... ROA No. 180, raises 12 issues for summary adjudication. The court will address the issues or summary adjudication in the order as presented in the Notice. Plaintiff's (Kevin Iwanaga) Evidentiary Objections filed on 5-18-21 under ROA No. 258: The court SUSTAINS Objection No. 8 and OVERRULES the remaining objections. Defendants' Objections to the Declaration of Carrie Weeks filed on 5-27-21 under ROA No. 292: The court declines to rule on the obje...

Excerpt: ...Civil Procedure section 576 provides, “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” “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 ...

Excerpt: ... 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 the revocation of the agreement.” Toal v. Tardif (2009) 178 Cal.App.4 th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, ...

Excerpt: ...ployee 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 and testim...

Excerpt: ...California State Automobile Association (Ladas) (1993) 19 Cal.App.4 th 761, 773-774, states, “ ‘[S]ection 1033.5, enacted in 1986, codified existing case law and set forth the items of costs which may or may not be recoverable in a civil action. [Citation.]' [Citation.] An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nevertheless be recoverable in the discretion of the court if ‘reasonably n...

Excerpt: ...vertheless 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 they were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and ...

Excerpt: ...nses thereto filed with the court.” Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4 th 566, 588- 589 (Lopez) states, “A court may direct a special reference to a discovery referee to resolve the parties' discovery disputes. (§ 639.) If the trial court orders the reference without the parties' consent, ‘[t]he referee's factual findings are advisory recommendations only; they are not binding unless the trial ...

Excerpt: ...oes not consider those exhibits for the truth of the matters asserted in them. (Sosinsky v. Grant (1992) 6 Cal.App.4 th 1548, 1564-1570.) The court DENIES Defendant—American Financial Center, Inc.'s Request for Judicial Notice, filed on 9-14-21 under ROA No. 538, as immaterial to the court's ruling. (Zucchet v. Galardi (2014) 229 Cal.App.4 th 1466, 1474, fn. 5, citing Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4 th ...

Excerpt: ...186); (4) Motion to Compel VRBO Holdings, Inc. to Respond to Requests for Production (ROA No. 187); (5) Motion to Compel HomeAway Holdings, Inc. to Respond to Requests for Admissions (ROA No. 207); (6) Motion to Compel HomeAway Holdings, Inc. to Respond to Requests for Production (ROA No. 208); (7) Motion to Compel VRBO Holdings, Inc. to Respond to Form Interrogatories (ROA No. 184); (8) Motion to Compel VRBO Holdings, Inc. to Respond to Special ...

Excerpt: ...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 the revocation of the agreement.” Toal v. Tardif (2009) 178 Cal.App.4 th 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 Sup...

Excerpt: ... LLC v. Romero (2016) 5 Cal.App.5 th Supp. 1 (Midland). Velasquez v. Superior Court (2014) 227 Cal.App.4 th 1471, 1477, footnote 7, provides, “Appellate division decisions have persuasive value, but they are of debatable strength as precedents and are not binding on higher reviewing courts. [Citation.]” Based on the court's ruling as to Objection No. 1, the remaining objections are immaterial under Code of Civil Procedure section 437c, subdiv...

Excerpt: ...mplied 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.) 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...

Excerpt: ...sserted in Exhibits 1 and 4. (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 (Shahrouz Jahanshahi) has brought a Petition for Writ of Mandate (filed on 2-10- 21 in the Los Angeles County Superior Court, and filed under ROA No. 2 in the Orange County Superior Court) against Respondent pursuant to Code of Civil Procedure section 1085. Code of Civil Procedure sec...

Excerpt: ...ourth fifth, sixth, seventh, eighth, ninth, and seventeenth causes of action contained in Cross-Complainant's (Ron Thauer) First Amended Cross-Complaint (FACC). Cross-Complainant filed the FACC on 11-14-19 under ROA No. 182. “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 al...

Excerpt: ...hat 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 judgment on the cause of action. Once the plaintiff 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 al...

Excerpt: ... 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 the revocation of the agreement.” Toal v. Tardif (2009) 178 Cal.App.4 th 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 b...

Excerpt: ... 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 the revocation of the agreement.” Toal v. Tardif (2009) 178 Cal.App.4 th 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 for...

Excerpt: ... deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010.)” Here, Defendant served Plaintiff (Law Offices of Mark B. Plummer) with “Defendant's Request for Admissions to Plaintiff Law Offices of Mark B. Plummer Set No. One” on 11-12-18. (Alai Decl., ¶ 2 Exhibits A and C.) The declaration from Defendant indicates that Plaintiff had not provided responses to this discovery request as of 3-15-19. ...

Excerpt: ...any irrelevant, false, 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 lim...

Excerpt: ...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 filed in response, or the court may, in its discretion, receive other evidence at the hearing. [¶] (c) A determination by the court that the settlement was m...

Excerpt: ...int. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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, provide...

Excerpt: ...arty, or (3) a natural person in the custody or under the legal control of a party, in any action in which the mental or physical condition (including the blood group) of that party or other person is in controversy in the action.” Code of Civil Procedure section 2032.310, states, in part, “(a) If any person desires to obtain discovery . . . by a mental examination, the party shall obtain leave of court. [¶] (b) A motion for examination unde...

Excerpt: ...w that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The 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 exists as to the cause of action or a defense thereto.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4 th...

Excerpt: ...Code of Civil Procedure section 2031.060 states in part, “(a) When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, and any other party or affected person, 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, f...

Excerpt: ... the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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, 12...

Excerpt: ...dero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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 of liberal construct...

Excerpt: ...and his business license demonstrating compliance of the garage at 18552 Oriente Drive with city laws and building safety code within ten (10) days.” (Motion; 8:21-27.) Given that Defendant filed this Motion on 11-27-18, the Motion does not demonstrate an ongoing discovery dispute regarding the conduct of depositions that supports issuing a protective order pursuant to Code of Civil Procedure section 2025.420. In other words, the declaration (1...

Excerpt: ...struction Co., Inc.) with “Form Interrogatories—General Set No. 1.” (Barron Decl., ¶ 3 and Exhibit A.) Defendant has not provided any responses to this discovery request. (Barron Decl., ¶ 3.) Defendant's Opposition to Motion to Compel Responses to Form Interrogatories (Opposition), filed on 7-21-21 under ROA No. 65, contends, “Pinner has agreed to provide a response to Plaintiff's discovery in exchange for an agreement that the response...

Excerpt: ...bdivision (b), provides, “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the Un...

Excerpt: ... Procedure section 664.6, subdivision (a), provides, “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performan...

Excerpt: ... by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demand...

Excerpt: ...27-21 Minute Order.) Plaintiff has brought a Motion for Waiver of Bond (filed on 5-11-21 under ROA No. 463) requesting the court to waive the bond ordered on 4-27-21. Code of Civil Procedure section 995.240 states, “The court may, in its discretion, waive a provision for a bond in an action or proceeding and make such orders as may be appropriate as if the bond were given, if the court determines that the principal is unable to give the bond be...

Excerpt: ...the Servpro Defendants are entitled to summary judgment, because Plaintiffs failed to comply with the One-Year Contractual Statute of Limitations.” (Motion; 6:4-6.) To support the Motion, Defendants submit the Declaration of Vincent Lentini, Defendants' President. The declaration states, “When I was notified of this lawsuit, I conducted a diligent review Precision's file to find documents relating to the House and the work performed there by ...

Excerpt: ... A, B, and C. (Sosinsky v. Grant (1992).) “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. (19...

Excerpt: ...se expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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) 20...

Excerpt: ...o. v. Petersen (1964) 226 Cal.App.2d 725, 732, states, “Generally speaking, the determination whether an answer states a defense is governed by the same principles which are applicable in determining if a complaint states a cause of action. [Citation.]” “There are, however, certain important differences between these two kinds of demurrer. An important difference is that in the case of a demurrer to the answer, as distinguished from a demur...

Excerpt: ...ce Code section 452, subdivision (d), because Defendants/Cross- Complainants have provided conformed copies of Exhibit Nos. 2 and 5. Although Defendants/Cross-Complainants did not provide conformed copies as to Exhibit Nos. 1, 3, 4, 6, and 7, the parties agreed that the court could consider these declarations as evidence provided by Defendants/ Cross-Complainants. (8-3-21 Minute Order.) The parties also agreed that the court could consider Mr. Li...

Excerpt: ...ons.]” (Common Cause 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., In...

Excerpt: ...struction Co., Inc.) with “Form Interrogatories—General Set No. 1.” (Barron Decl., ¶ 3 and Exhibit A.) Defendant has not provided any responses to this discovery request. (Barron Decl., ¶ 3.) Defendant's Opposition to Motion to Compel Responses to Form Interrogatories (Opposition), filed on 7-21-21 under ROA No. 65, contends, “Pinner has agreed to provide a response to Plaintiff's discovery in exchange for an agreement that the response...

Excerpt: ...es, “In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs.” Plaintiff's Complaint pleads that Defendant failed to pay monthly and special assessments in compliance with the applicable Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Santiago Springs. (For example, see Complaint, ¶¶ 8-15.) Therefore, the present action is an action to...

Excerpt: ...(City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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 of li...

Excerpt: ...action that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. [¶] (2) The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the s...

Excerpt: ...ce, 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 . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for...

Excerpt: ...formity 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, expl...

Excerpt: ...es, Inc.) with “. . . twenty-two requests for production of documents . . . .” (Urgoiti Decl. (ROA No. 116), ¶ 2.) On 10-2-20, Defendant served Plaintiffs with responses to this discovery request. (Urgoiti Decl. (ROA No. 116), ¶¶ 2 and 3 and Exhibits 1A and 1B.) “In response to each request the ITWS Defendants and Phoenix Defendants indicated they would, ‘produce at a mutually convenient time and place, such responsive, unprivileged do...

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: ...including Guy, were suspended by Judge David Belz in Department C-10, effective immediately. (See Supplemental Declaration of Alexander Conti, ¶ 3, attached hereto.) Judge Belz appointed Frank Fiorito (‘Fiorito') as the interim sole trustee of the family trust dated August 20, 1995, and amendments thereto (‘Foresman Trust'), for all purposes.” (Further Reply; 1:7- 11.) The court recognizes that Cross-Complainant (Guy Foresman) and the othe...

Excerpt: ...governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs.” Plaintiff's Complaint pleads that Defendant failed to pay monthly and special assessments in compliance with the applicable Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Santiago Springs. (For example, see Complaint, ¶¶ 8-15.) Therefore, the present action is an action to enforce governing documents. (Civ....

Excerpt: ...bed in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreason...

Excerpt: ... ROA No. 294, UL provided notice that the bankruptcy case had remanded this action to the Orange County Superior Court. In the court's 6-15-21 Minute Order, the court found that UL had not established that it had received relief from the stay as to the property located at 6475 Marigayle Circle, Huntington Beach, California 92648. (6-15-21 Minute Order.) The 6-23-21 declaration from Shawn Adhoot (filed on 6-23-21 under ROA No. 471) shows that UL h...

Excerpt: ... v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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 of liberal construction ...

Excerpt: ...under ROA No. 75) pursuant to Evidence Code section 452, subdivision (d). “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, ...

Excerpt: ...ial Notice. “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.4 th 445, 459.)...

Excerpt: ...jections. 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, 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...

Excerpt: ...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. . . . [¶] (b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, o...

Excerpt: ...s evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general. . . . [¶] (b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (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 ...

Excerpt: ...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 the revocation of the agreement.” Plaintiff's (Santos Lares) Evidentiary Objections filed on 6-9-21 under ROA No. 36: The court OVERRULES Objection Nos. 1, 2, 3, 5, and 6. Since Plaintiff's declaration does not challenge the authenticity of his sign...

Excerpt: ...INS the objections to Plaintiffs' use of motions-in-limine as evidence. Mark Tanner Construction v. Hub International Insurance Services (2014) 224 Cal.App.4 th 574, 586-587 (Mark Tanner), states, “First, plaintiffs are bound by their allegations in the FAC. ‘ “A defendant moving for summary judgment may rely on the allegations contained in the plaintiff's complaint, which constitute judicial admissions. As such they are conclusive concessi...

Excerpt: ... to provide discovery.” Code of Civil Procedure section 2023.030 provides in relevant part, “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 discovery process: [¶] (a) The cour...

Excerpt: ...ero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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 of liberal constructi...

Excerpt: ...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.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose o...

Excerpt: ...nce Code section 452, subdivisions (d) and (h). Defendants challenges each cause of action in the Complaint, filed on 5-27-20 under ROA No. 2, pursuant to Code of Civil Procedure section 430.10, subdivision (b), as it applies to Plaintiff—Valkyrie Partners Five, LLC (VPF). (Notice.) Defendants rely on Corporations Code section 17708.07, subdivision (a), to assert that VPF is not qualified to transact business in California. (Memorandum; 3:16-5:...

Excerpt: ...fically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. [¶] Where a contract provides for attorney's fees, as set forth...

Excerpt: ...or summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. . . .” Pursuant to Code of Civil Procedure section 437c, subdivision (h), Plaintiff (Banir Ganatra), requests a continuance of this Motion. Pl...

Excerpt: ...her Nature Trust) filed a First Amended Complaint. On 7-17-20 under ROA No. 241, Defendant—United Lender, LLC filed a Notice of Removal to Bankruptcy Court related to the bankruptcy case involving Defendant—Helping Others International, LLC (Debtor). Based on this Notice, the court stayed the proceedings in this action. (7-21-20 Minute Order.) The First Amended Complaint (FAC) alleges that the Debtor was the buyer of the Subject Property (647...

Excerpt: ... 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 determining its effect...

Excerpt: ...tion to Strike (Oppositions filed on 3-10- 21 under ROA Nos. 323 and 324). Under Orange County Superior Court Case No. 30-2019- 01076648, Defendants' filed their Replies to the Oppositions (Replies filed on 3-16-21 under ROA Nos. 61 and 63). Motion No. 1: Defendants' (Martin H. Kay, M.D. and Rachel Bak, M.D.) Demurrer to Plaintiffs' First Amended Complaint (Demurrer), filed on 11-16-20 under ROA No. 46, is SUSTAINED with leave 21 days leave to am...

Excerpt: ... 112, pursuant to Evidence Code section 452, subdivision (c). 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 reasonable under t...

Excerpt: ...A 845). On 7-28- 20 under ROA No. 864, Sumitomo Mitsui Banking Corporation (SMBC) filed a motion for reconsideration. The court granted SMBC's motion for reconsideration on 8-25-20. (ROA No. 1006.) On 8-25-20, the court set a status conference regarding this Motion on 10-2-20. (ROA No. 1006.) On 10-2-20, the court reset this status conference on 11-6-20. (ROA No. 1037.) At the status conference on 11-6-20, the court set this Motion for hearing on...

Excerpt: ...tlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested, by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4 th 793, 810 (Weddington), states, “In order to be enforceable pursuant to the summary procedures of ...

Excerpt: ...ice 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 the supporting papers make clear the groun...

Excerpt: ...ny of the following apply: [¶] (1) A statement of compliance 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)...

Excerpt: ...n reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or ...

Excerpt: ...e followed 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 b...

Excerpt: ...nnected with a judicial proceeding before it, in every matter pertaining thereto.” (Code Civ. Proc., § 128, subd. (a)(5); People ex rel. Clancy v. Superior Court (1985) 39 Cal.3d 740, 745 [218 Cal.Rptr. 24, 705 P.2d 347]; Comden v. Superior Court [1978] 20 Cal.3d [906,] 916, fn. 4[, 145 Cal.Rptr. 9, 576 P.2d 971]; In re Complex Asbestos Litigation [1991] 232 Cal.App.3d [572,] 585[, 283 Cal.Rptr. 732].) Ultimately, disqualification motions invo...

Excerpt: ...ys, law firms, or parties that have violated subdivision (b) or are responsible for the violation. In determining what sanctions, if any, should be ordered, the court shall consider whether a party seeking sanctions has exercised due diligence. [¶] (1) A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). Notice of motion shall...

Excerpt: ...[Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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, �...

Excerpt: ... 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.) 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: ...�Deus Ex LLC. Thus, Defendant—Deus Ex LLC is not a party to this Demurrer. Plaintiffs (Michael Hannegan and Valkyrie Partners Five, LLC) Opposition to Special Demurrer to Complaint (Opposition), filed on 5-5-21 under ROA No. 36, opposes the Demurrer as untimely. (Opposition; 2:8-18.) Code of Civil Procedure section 430.40, subdivision (a), states, “A person against whom a complaint or cross-complaint has been filed may, within 30 days after s...

Excerpt: ... 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 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 produc...

Excerpt: ...and if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance 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 d...

Excerpt: ...on motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreason...

Excerpt: ...t Case No. 30-2017-00947149. Defendants' Objections to Evidence Filed in Support of Plaintiff Capo 2 Poche, LLC's Motion for Summary Adjudication of Issues filed on 3-23-21 under ROA No. 108: The court SUSTAINS Objection No. 1 and OVERRULES Objection No. 2. Plaintiff's Objections to the Declaration of Damon Kuntz filed on 4-1-21 under ROA No. 122: The court OVERRULES Objection Nos. 1, 2, 6, 9, 16, 17, 18, 19, 24, 26, 27, 28, 31, 33, 36, and 37. T...

Excerpt: ...visions (c) and (h), and 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.App.4 th 919, 939, footnote 13); (2) The court takes judicial notice of Exhibits F, G, H, I, J, K, L, M, N, O, and P pursuant to Evidence Code section 452, subdivision (d). The court DENIES Plaintiff's RJN as to Exhibit E. On 3-15-21, the court scheduled this Mot...

Excerpt: ...sly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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...

Excerpt: ...m, and (ii) the balance of harm presented, i.e., the comparative consequences of the issuance and nonissuance of the injunction. [Citations.]” (Common Cause 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...

Excerpt: ...ries.” Here, Plaintiff served Defendant (Monimils, LLC) “Form Interrogatories—Limited Civil Cases” on 3-6-20. (Poulos Decl., ¶ 2 and Exhibit 1.) Plaintiff extended the time to respond to these discovery requests to 6-5-20. (Poulos Decl., ¶ 3 and Exhibits 4 and 5.) Defendant has not received any responses to this discovery request. (Poulos Decl., ¶ 5.) Based on the above, the court GRANTS Plaintiff's (Balboa Capital Corporation) unoppos...

Excerpt: ...uring the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.” Code of Civil Procedure section 428.50 states, “(a) A party shall file a c...

Excerpt: ...t 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, 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 judgm...

Excerpt: ...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 Cal.App.3d 34...

Excerpt: ...y 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 to motions specified in subdivision (e).” Pierson v. Sharp Memorial Hos...

Excerpt: ... 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 the revocation of the agreement.” Toal v. Tardif (2009) 178 Cal.App.4 th 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 b...

Excerpt: ...nce 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. The court, on its own motion, may make such an order at any time. Where trial of the issue of liability as to all causes of action precedes the trial of ...