Excerpt: ...table servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both. CTI] (b) A governing document other than the declaration may be enforced by the association against an owner of a separate interest or by an owner of a separate interest ...

Excerpt: ...ovision 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 [Tl] (a) The court may impose a monetary sanction ordering that one engaging ptTcess: . . . in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including at...

Excerpt: ... states, "Therefore, the entry of the Default was a clerical error because a Default never should have been entered when an Answer was already on file." (Motion; 5:27-6:2.) As to Mr. Plummer, the Motion asserts, "Code of Civil Procedure 5391.6 states that the moving Defendant need not plead until 10-days after the Vexatious Litigant Motion has been denied. Accordingly, with the case completely stayed, by parity of analysis, the same stay of any o...

Excerpt: ...pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and CT.] (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. [Tl] (b) Supporting declaration [TI] A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; ...

Excerpt: ...as to Exhibit A as immaterial to the court's decision. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 cal.App.4th 282, 307, fn. 18.) "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 mav be implied or inferred from those expre...

Excerpt: ...t 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 protective orders. In addition, the court ma...

Excerpt: ...(2011) 197 Cal.App.4th 282, 307, fn. 18.) The court GRANTS Responding Party's (RP), Victor Manuel Orellana, Request for Judicial Notice (RPRJN), filed on 3-15-23 under ROA No. 253, pursuant to Evidence Code section 452, subdivision (c), and Belen v. Ryan Seacrest Productions, LLC (2021), 65 Cal.App.5th 1145, 1160 at footnote 2 (Belen) as to Exhibit Nos. 14, 15, 16, 17, 18, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32. The court DENIES the RPRJN...

Excerpt: ...(4-11-23 Minute Order.) Defendant filed a Supplemental Reply Brief (Supp. Reply) on 4-20-23 under ROA No. 115. Plaintiff (Enriqueta Orozco) did not file a supplemental brief. Defendant's Objections to the declaration of Melissa Vargas Lopez filed on 4-6-23 under ROA No. 108: The court DECLINES TO RULE on these objections because they are immaterial to the court's ruling as set forth below. (Code Civ. Proc., 437c, subdivision The court OVERRULES D...

Excerpt: ... of the following conditions is satisfied: (A) A provision of law confers an unconditional right to intervene. (B) The person seeking intervention claims an interest relating to the property or transaction 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 t...

Excerpt: ...t's ruling as set forth below. (Code Civ. Proc., S 437c, subd. The court SUSTAINS Objection No. 4. The court OVERRULES Objection Nos. 5 and 8. 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 co...

Excerpt: ...the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon anv other matter embraced in the action and not affected bv the iudqment or order.' 916. subd. The purpose of the automatic stay provision of section 916 subdivision (a) 'is to protect the appellate court's jurisdiction by preserving the status quo u...

Excerpt: ...nthal), our Supreme Court set forth the procedure to be followed when a petitioner seeks to compel arbitration: 'C 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 pr...

Excerpt: ...an order compelling a further response if the propounding party deems that any of the following apply: [ I] (1) An answer to a particular interrogatory is evasive or incomplete. C'] (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. C'] (b) (1) A motion under subdivision (a) sh...

Excerpt: ... circumstances of the case. [Tl] (b) (b) Dismissal shall be pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council." Code of Civil Procedure section 583.420 provides in part, "(a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is comme...

Excerpt: ...s' (Cagney Enterprises, LLC, a Delaware limited liability company; Mario Marovic, individually and dba Malarky's Irish Pub; Ashlea Esparza Marovic, individually and dba Malarky's Irish Pub; and Marlarky's Irish Pub, Inc., a California corporation) Request for Judicial Notice, filed on 3-21-23 under ROA No. 266, pursuant to Evidence Code section 452, subdivision (h). ((Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264 265 (disappr...

Excerpt: ...nd Motion for Summary Adjudication as to Conversion, Fraud, Negligent Misrepresentation and Negligence Causes of Actin Against BPH, Incorporated (Motion), filed on 2-9-23 under ROA No. 65, is GRANTED. 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 separa...

Excerpt: ... 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) 209 Cal.App.4th 1228, 1238, p...

Excerpt: ... 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, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Transportation Transit Dis...

Excerpt: ...ge (2011) 197 Cal.App.4th 282, 307, fn. 18.) The court GRANTS Responding Party's (RP), Victor Manuel Orellana, Request for Judicial Notice (RPRJN), filed on 3-15-23 under ROA No. 253, pursuant to Evidence Code section 452, subdivision (c), and Belen v. Ryan Seacrest Productions, LLC (2021), 65 Cal.App.5th 1145, 1160 at footnote 2 (Belen) as to Exhibit Nos. 14, 15, 16, 17, 18, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32. The court DENIES the RP...

Excerpt: ...1) the lawyer's testimony relates to an uncontested issue or matter; [¶] (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. [¶] (...

Excerpt: ...her grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4th 919, 939, footnote 13.) The court GRANTS the RJN as to Exhibit Nos. B, G, I, J, and K only as to the existence of those exhibits. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) The court GRANTS Plaintiff's (Anh Thy Song Nguyen, Trustee of Mother Nature Trust) Request for Judicial Notice, filed on 3-27-23 under ROA No. 1006, pursuant to Code of Civil Procedure ...

Excerpt: ...r of the following conditions is satisfied: [¶] (A) A provision of law confers an unconditional right to intervene. [¶] (B) The person seeking intervention claims an interest relating to the property or transaction 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 o...

Excerpt: ...��Misuses of the discovery process include, but are not limited to, the following: . . . [¶] (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...

Excerpt: ...“. . . Code of Civil Procedure sections 1032, 1033.5, and Civil Code section 1717.” (Motion; 1:3-7.) Code of Civil Procedure section 1033.5 states in part, “(a) The following items are allowable as costs under Section 1032: . . .[¶] (10) Attorney's fees, when authorized by any of the following: [¶] (A) Contract. [¶] (B) Statute. [¶] (C) Law. . . .” Civil Code section 1717 states in part, “(a) In any action on a contract, where the c...

Excerpt: ... 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 . G o l d e n E m...