Excerpt: ... 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. . . .” 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 ...

Excerpt: ...trate 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 proceeding with a third party, arising out of the same transaction or series of related transac...

Excerpt: ...ation of Enriqueta Orozco filed on 4-6-23 under ROA No. 109. 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 ...

Excerpt: ...s.]” (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 1228, 1238, provi...

Excerpt: ... 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 nsportation Transit District (2012) 209 Cal....

Excerpt: ... 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 may make any other order as may be...

Excerpt: ...ished, 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)(l), provides, "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirma...

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

Excerpt: ...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. Golden Em...

Excerpt: ...pressly 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) 209 Cal.App.4...

Excerpt: ...ose 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) 209 Cal...

Excerpt: ...odified in this section, the procedures for taking oral depositions in California set forth in Chapter g (commencing with Section 2025.010) apply to an oral deposition taken in a foreign nation. . Y] (c) If a deponent is not a party to the action or an officer, director, managing agent or employee of a party, a party serving a deposition notice under this section shall use any process and procedures required and available under the laws of the fo...

Excerpt: ...to the court's decision 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, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . ha...

Excerpt: ...1) 197 Cal.App.4th 282, 307, fn. 18.) Petitioner's Motion for Attorneys' Fees (MAF), filed on 11-28-22 under ROA No. 220, seeks attorneys' fees pursuant to Code of Civil Procedure section 1021.5. (MAF; 7:1-13.) Code of Civil Procedure section 1021.5 states, "Upon motion, a court may award attorneys' fees to a successful party aqainst one or more opposing parties in any action which has resulted in the enforcement of an important right affecting t...

Excerpt: ...ollowing apply: [¶] (1) An answer to a particular request is evasive or incomplete. [¶] (2) An objection to a particular request 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 motion is given within 45 days of the service of the verified response, or any supplemental response, or any specific later date...

Excerpt: ...pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Code of Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342-343 (Pierson), explains, “Preliminarily, we note a motion to strike is generally used to reach defects in a pleading which are not subject to demurrer. A motion to strike does not lie to attack a complaint for insufficiency of allegations to justify reli...

Excerpt: ...ing the existence of a “Notice of Disciplinary Charges” against Attorney—Timothy George McFarlin. Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories.” On 7-20-22, Plaintiffs' served Defendant (Khalid H...

Excerpt: ...duplicative of the Motion. Code of Civil Procedure section 2030.300 provides in 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 th...

Excerpt: ...r 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 inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. [¶] (b) (1) A motion under subdivisi...

Excerpt: ...25-23 under ROA No. 50, is GRANTED pursuant to Evidence Code section 452, subdivision (a). The court OVERRULES Defendant's Evidentiary Objections, filed on 1-31-23 under ROA No. 58, because it is appropriate for a court to consider legal authority that is applicable to an issue before the court. 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 ...

Excerpt: ...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, “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative de...

Excerpt: ...'s fees and costs. . . .” Mann v. Quality Old Time Service, Inc. (2006) 139 Cal.App.4th 328, 340 (Mann), provides, “We thus hold that a party who partially prevails on an anti-SLAPP motion must generally be considered a prevailing party unless the results of the motion were so insignificant that the party did not achieve any practical benefit from bringing the motion. The determination whether a party prevailed on an anti- SLAPP motion lies w...

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.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 ...

Excerpt: ...iffs 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, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.” Code of Civil Proc...

Excerpt: ...take, inadvertence, 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. . . .” Ron Burns Constructions Co., Inc. v. Moore (2010) 184 Cal.App.4th 1406, 1413 (di...