Excerpt: ...filed, the burden i s on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) The interrogatories at issue seek the names and contact information for: (1) all roomma tes of Casanas at the facility during the period of August 6, 2021 through August 7, 2022 (no. 13); (2) the responsible party for all residents of the facility during the perio...

Excerpt: ...intiff stated a cause of action for false promise. (Complaint, second cause of action, § FR -2(c); see Opp., at pp. 3:11 -15, 4:23 -25, 5:19 -21.) Plaintiff did not select section FR -4 of the Judicial Council form complaint, which alleges a promise without intent to perform. (S ee Complaint.) Regardless of which species of fraud is alleged, Plaintiff did not allege sufficient facts with the required specificity to state a cause of action for f...

Excerpt: ...rectional Drilling. The motions for summary judgment are denied. Relevant Background Plaintiff Michael Konrad filed a Complaint alleging that the subject accident occurred on December 19, 2018. The Complaint alleges that Plaintiff was properly and lawfully riding his bicycle when he unknowingly encountered a damaged portion in the road and was violently thrown from his bicycle to the ground and sustained serious bodily injuries. (Compl., at ¶ 1...

Excerpt: ...n, Cal. Practice Guide: Civi l Procedure Before Trial (The Rutter Group 2021) ¶ 6:564.) Where the proposed cross -complaint arises out of the same transaction as plaintiff's claim, leave to file must be granted as long as defendant is acting in good faith. (Code Civ. Proc., § 426.50.) Here, Defendant's proposed cross- complaint asserts a single cause of action for breach of contract related to Plaintiffs' alleged failure to pay two years o...

Excerpt: ... sustained. Evidentiary object ions nos. 4 through 6 are overruled. Evidence Submitted With Reply The court exercises its discretion to consider the evidence submitted with Plaintiffs' reply. Andry may address the evidence during the hearing. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537 -1538.) Merits Plaintiffs served Andry with a notice of taking a remote deposition and requests for production of documents at deposition. The notice li...

Excerpt: ...arty may move for an order compelling responses to interrogatories at any time “[i]f a party to whom interrogatories are directed fails to serve a timely response.” (Code Civ. Proc., § 2030.290, subd. (b).) By failing to serve timely responses, Plaintiffs waived “any r ight to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protectio...

Excerpt: ...must follow the cor rect rules of procedure. (See Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984 -985; Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246 -1247). A self -represented litigant is not entitled to any greater consideration than other litigants and attorneys. (See Petr osyan v. Prince Corp. (2013) 223 Cal.App.4th 587, 594 [self -represented litigants are entitled to same treatment as represented parties].) The fact that Defendant is a se...

Excerpt: ...upon a clea r and convincing showing that a defendant is guilty of oppression, fraud or malice. A court order is required to obtain discovery of a defendant's financial condition in actions seeking punitive damages. (Civ. Code, § 3295, subd. (c).) Before a court m ay enter an order permitting discovery of a defendant's financial condition, it must (1) weigh the evidence submitted in favor of and in opposition to motion for discovery and (2) ma...

Excerpt: ...ntity Plaintiffs argue that the court should not consider the demurrer and the motion to strike because they named K & A Kingdom Holdings, LLC, but K & A Kingdom Holding, Inc. filed the demurrer and motion to strike. However, pursuant to Code of Civil Procedure section 4 73, Defendant submitted a proposed amendment to pleadings noting that the "Inc." shown on its pleadings was in error and asking that its pleadings be amended to reflect...

Excerpt: ... or to produc e any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or pro duction.” A deponent who has objected to a question and refused to answer bears the burden of justifying such refusal on the motion to compel. (Weil & Brown, Cal. Practice ...

Excerpt: ...ustained without leave to amend. Aiding and Abetting Fraud or Breach of Fiduciary Duties (Seventh Cause of Action) The seventh cause of action is against the Starboard Defendants for "aiding and abetting fraud and/or breach of fiduciary duties". (TAC, at pp. 54 -57.) TPG alleg es Starboard had actual knowledge of Defendant Honarkar's planned fraud and breach of fiduciary duties, and that Starboard “actively concealed” that it was �...

Excerpt: ...ing party is required to set forth specific facts showing good cause justifying the discovery sought by the inspection demand, pursuant to Code of Civil Pro cedure section 2031.310, subdivision (b)(1). To establish “good cause,” the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifyi...

Excerpt: ...ed “Grievance of Disputes”) that states the following, in relevant part: [A]ll employee claims or disputes concerning violations of, or arising under Wage Order 16 (except as noted in the immediately preceding paragraph), the California Labor Code Sections identified in California Labor Code section 2699.5 as amended, all derivative claims under California Business and Professions Code section 17200, et seq., all associated penalties, and fe...

Excerpt: ...n is overruled. The demurrer is sustained as to the third cause of action is sustained without leave to amend. Dependent Adult Abuse/Neglect (First Cause of Action) The first cause of action is for dependent adult abuse/neglect. “The purpose of the [Elder Abuse Act] is essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect.” (Delaney v. Baker (1999) 20 Cal...

Excerpt: ...2004) 122 Cal.App.4th 1229, 12461247.) A self -represented litigant is not en titled to any greater consideration than other litigants and attorneys. (Petrosyan v. Prince Corp. (2013) 223 Cal.App.4th 587, 594 [self -represented litigants are entitled to same treatment as represented parties]; see Cal. Rules of Court, Rule 1.6(15) [de fines “parties” as including both self -represented persons and persons represented by an attorney of record ...

Excerpt: ...ckich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882.) To the extent Plaintiff is requesting that the court take judicial notice of the fact that these cases exist, the request is denied as irrelevant to the issue presented in the demurrer. (Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194 [noting that the court may take judicial notice of a recorded deed, but declining to do so where deed was not relevant].) Special Demurrer Sp...

Excerpt: ... is denied. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. A party may “simply call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 9:53.1a.) Merits Defendant moves to set aside the default and default judgment, pursuant to Code of Civil Procedure section 473, subdivisions (b) and (d), Code of Civil Proce...

Excerpt: ...t if it granted TPG's motion to amend and/or motion to bring defendant into case (scheduled to be heard on February 22, 2024), the court may reconsider another trial continuance. (9/18/2023 Minute Order.) At that time, however, the court did not vacate the February 29, 2024 hearing on the motion to continue trial. And, TPG did not wit hdraw its motion to continue the trial date, even though it appeared to be somewhat outdated. On December 8, ...

Excerpt: ...al). The complaint stated that Chiavetta was on medical leave of absence in Septemb er 2022, when she accompanied her pregnant cousin to Hoag to provide care of the patient as labor began. The Charge Nurse told Chiavetta that she was on a leave of absence and was unable to provide care and treatment to her cousin as a nurse, but could be the patient's doula. Chiavetta adjusted the patient's pitocin and ignored the bedside labor and delive...

Excerpt: ...r any applicable statute. (Crestwood Behavioral Health, Inc. v. Superior Court (2021) 60 Cal.App.5th 1069, 1075.) “Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court (1984) 37 Cal.3d 477, 482; Malloy v. Superior Court (2022) 83 Cal.App.5th 543, 553.) Code of Civil Procedure section 395, subdivision (a) sets forth the general venue rule. It states in relevant part: “E...

Excerpt: ...notice of continuance of Plaintiff's deposition; (6) notice of taking Plaintiff's deposition off calendar ; (7) proposed order granting motion to compel further responses to demands for inspection of documents; (8) proposed order granting motion to compel further responses to form interrogatories; (9) proposed order granting motion to compel further responses to special interrogatories; (10) statement of special interrogatories; (11) statement of...

Excerpt: ...onditions as the court shall declare including protective orders. In addition, the cour t may make any other order as may be appropriate to protect the moving party from unreasonable or oppressive demands including unreasonable violations of the moving party's right of privacy. (Code Civ. Proc., § 1987.1.) Where the documents sought are c onsumer records, a notice to consumer must be served before the subpoena is served. (Code Civ. Proc., § 198...

Excerpt: ...onically stored information, or tangible thing described in the deposition notice” 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 an...

Excerpt: ...the time for answer or demurrer. (Code Civ. Proc., § 473, s ubd. (a) (1).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code of Civ. Proc., § 473, subd. (a) (1).) Additionally, any judge, at any time before or after commenc...

Excerpt: ...o identify Doe Perpetrator renders the FAC uncertain. Special demurrers based on uncert ainty are rarely sustained – only where the complaint is so bad that defendant cannot reasonably respond —i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. (See Khou ry v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) However, a demurrer for uncertaint...

Excerpt: ...les of Court, rule 3.1345(a)(7).) Failing to respond to an authorized method of discovery is a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) So, too, is disobeying a court order to provide discovery. (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, inc...

Excerpt: ...he court did not consider this document. Summary Judgment Standard “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4 th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie show...

Excerpt: ...ove for an order compelling the deponent's attendance and testimony at deposition. The motion must be accompanied by a declaration under Code of Civil Procedure section 2016.040 stating that the moving party contacted the deponent to inquire about the nonappearance. (Code Civ. Proc., § 2025.450, subd. (b)(2).) Code of Civil Procedure section 2025.410, subdivision (b) provides in part that any deposition taken after the service of a written objec...

Excerpt: ...aud, or malice. “Malice” means conduct that is intended to cause injury or despicable conduct that is carried on with a willful and conscious disregard of the right and safety of others. (Civ. Code, § 3294, subd. (c)(1).) At the pleading stage, the complaint must allege facts supporting circumstances of oppression, fraud, or malice. (See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166.) Punitive damages cannot be pled in conclusory ...

Excerpt: ...in civil actions.'” (Brown v. Desert Christian Center (2011) 193 Cal.App.4th 733, 737 –738.) Specifically, in a ctions to enforce the governing documents of a common interest development such as covenants, conditions and restrictions ("CC&Rs"), Civil Code section 5975, subdivision (c) provides that “the prevailing party shall be awarded reasonable attorney's fees and costs.” Code of Civil Procedure section 1032, subdivision (b), ...

Excerpt: ...icial notice is granted. Defendants' request for judicial not ice that was included as part of the declaration of Christopher Hoo is denied. (Hoo Decl., at ¶ 17.) Requests for judicial notice should be filed as a separate document. (Cal. Rules of Court, rule 3.1113(l).) Also, this request does not comply with Calif ornia Rules of Court, rule 3.1306. Procedural Issues Plaintiff's opposition suffers from a number of procedural defects. First, Pla...

Excerpt: ...-1538; see ROA 221.) Plaintiff's evidentiary objection to Dr. Lewandowski's declara tion is overruled. Dr. Lewandowski's evidentiary objections nos. 1 and 2 are overruled; nos. 3 and 4 are sustained. Any party to the action or the witness may bring a motion to quash a subpoena and may request the court to quash it entirely, modify it, o r direct compliance with it upon those terms and conditions as the court shall declare including protective ord...

Excerpt: ...e in the actions; it may order all the actions consolidated and it may make such orders co ncerning proceedings therein as may tend to avoid unnecessary costs or delay." (Sosnick v. Sosnick (1999) 71 Cal.App.4th 1335, 1339; Stubblefield Construction Co. v. City of San Bernardino (1995) 32 Cal.App.4th 687, 701.) Where the actions at issue presen t essentially the same or overlapping issues, they should be consolidated and disposed of as a sin...

Excerpt: ...rt 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 (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...

Excerpt: ... to challenge defects that appear within the “four corners” of the pleading – which includes the pleading, any exhibits attached, and matters of which the court is permitted to take judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) Limited to the “four corners” as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, i...

Excerpt: ...llegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1 120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although C alifornia courts take a liberal view of inartfully drawn complaints, it remains essential that a complain...

Excerpt: ...ng: (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of ...

Excerpt: ...th Plan, Inc. was dismissed without prejudice on November 9, 2022. The parties agreed that Plaintiff reserved the right to amend to rename any of the Defendants in the event discovery proceedings in the action revealed a basis for liability against them. (ROA 21.) Plaintiff attempted to bring 360 Health Plan, Inc. back into this action w ith a Doe amendment. This attempt appears to have been improper given that Plaintiff had initially named 360 H...

Excerpt: ...ded complaint. Judicial notice of other court records and files is limited to matters that are ind isputably true. This generally means that judicial notice is limited to the orders and judgments in the other court file, as distinguished from the contents of documents filed therein. (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 113; Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482- 484.) Code of Ci...

Excerpt: ...nce, the documents are not properly identified. (See Cal. Rules of Court, rule 2.551(d)(2) [m aterial to be lodged under seal must be clearly identified as "CONDITIONALLY UNDER SEAL"].) The parties' stipulated protective order requires that the parties follow California Rules of Court, rules 2.550 and 2.551. (See Protective Order, at ¶ 18 [ROA 124].) The Clerk's Office properly did not conditionally seal those records. (See ROA...

Excerpt: ...se. A party may “simply call the court's attention to such papers.” ( Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 9:53.1a.) Huston moves to quash the service of summons for lack of personal jurisdiction. Cross - Complainants Michael Akpeke, MD, PL dba Delta Internal Medicine Cent er and Michael Akpeke did not oppose the motion. A party opposing a motion to quash service of process for lack of per...

Excerpt: ...ires Plaintiff to litigate this claim in New York. Specifically, section 12 of the “ Grant of Restricted Units of Elm Bidco, L.P.” (the “Vesting Agreement”), (FAC at ¶ 21, Exh. 2) provides: This Vesting Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the Cay man Islands, the parties hereto hereby submit to the exclusive jurisdiction of the Federal and state...

Excerpt: ... interrogatories, instead, stating in response to most of them, that “Plainti
¯ was not employed by Del Signore, nor is Del Signore synonymous with Truclear.” Each answer in the response must be “as complete and straightforward as the information reasonably available to the responding party permits. If an interrogatory cannot be answered completely, it shall be answered to the extent possible.” (Code Civ. Proc., § 2030.220, subds. (a) &...

Excerpt: ...ation.” (Code Civ. Proc., § 36, subd. (a), emphasis added; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 12:246:1 [“Trial priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the extent of that party's interest and Þnd as a matter of fact the risk posed of that party's death or incapacity if trial is delayed.”].) Plainti
¯s s...

Excerpt: ... sustained. Defendant's remaining objections are overruled. New Evidence Submitted With Reply Plainti
¯s submitted new evidence in support of their reply. “The general rule of motion practice . . . is that new evidence is not permitted with reply papers. . .‘[T]he inclusion of additional evidentiary matter with the reply should only be allowed in the exceptional case . . .' and if permitted, the other party should be given the opportunity to...

Excerpt: ...Group 2023) ¶ 7:162.1.) The court exercises its discretion to consider the merits of the demurrer and motion to strike. Plainti
¯s opposition exceeded the 15-page limit, without seeking leave to Þle a longer memorandum. The opposition also did not include a table of contents or table of authorities. (Cal. Rules of Court, rule 3.1113(d) & (f).) The court considered the opposition, given that Defendant improperly combined the demurrer and motio...

Excerpt: ...' request for judicial notice of Exhibits A through E (ROA 65), is granted. (Evid. Code, § 452, subd. (c); see Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) In taking judicial notice, the court does not take judicial notice of the truth of the matters stated therein. (Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Violations of California Foreclosure Statutes (Civ. Code §§ 2924 et seq., ...

Excerpt: ... in some respects uncertain, because ambiguities can be clariÞed under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains su
¯icient facts entitling plainti
¯ to relief. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) A demurrer for uncertainty should be overruled if the facts are presumpt...

Excerpt: ...f service of the signed order upon the clients and other parties. Ms. Birndorf shall give notice of the ruling. MOTION TO COMPEL PRODUCTION Plaintiff Craig Ziegler's motion to compel Defendant Joseph Del Signore's ("Defendant") further responses to his requests for production of documents, set one, is granted in part and denied in part as set forth below. Nos. 1-18, 27-32, 41, and 43 In addition to various objections, Defendant states in his resp...

Excerpt: ...ry Objections The court overrules the Garrett Defendants' evidentiary objections to the opinions expressed in paragraphs 7 and 8 of the Declaration of Albert G. Handelman, as well as the testimony that provides the basis for those opinions in paragraphs 9 and 10. The court liberally construes the declaration of Plaintiff's expert, and determines Handelman adequately states the matters relied on in expressing these opinions and also provides a rea...

Excerpt: ...ate a reply separate statement. Defendant did not obtain prior permission from the court to file a reply to Plaintiffs separate statement. Accordingly, this document was not considered. A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc„ S 437c, subd. (c).) The scope of this ...

Excerpt: ...ned to encourage the parties to work out their differences informally so as to awid the necessity for a formal order. This, in turn, will lessen the burden on the court and reduce the unnecessary expenditure of resources by litigants through promotion of informal, extrajudicial resolution of discovery disputes. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293; Code Civ. Proc„ SS 2016.040, 2031.310, subd. (b)(2).) Defense counsel stated that...

Excerpt: ... 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 testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice." (Code Civ. Proc, S 2025.450, subd. (a).) A motion to compel must: (1) "set forth specific facts showing...

Excerpt: ...mplainants Michael Akpeke, MO, PL, dba Delta Internal Medicine Center and Michael Akpeke's Crosscomplaint for forum non-conveniens. A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (Code Civ. Proc„ S 418.10, subd. (a)(l).) A par...

Excerpt: ...to do so. (Perlman v. Municipal Court (1979) 99 Cal.App.3d 568, 574.) Code of Civil Procedure secton 761.020 provides that in any action to quiet title to real property "[t]he complaint shall be verified." Here, Plaintiffs Complaint is unverified. Accordingly, the motion to strike is granted with 15 days leave to amend. OSC RE: PRELIMINARY INJUNCTION The court grants Defendant's request to issue a preliminary injunction restraining Plaintiff and ...

Excerpt: ...een a consumer and another person, whether or not the agreement is a contract enforceable by action, and includes the making of, and the performance pursuant to, that agreement." (Civ. Code, S 1751, subd. (e).) Defendant asserts the allegation that "Plaintiff and Defendant transacted for the lease of the Subject Vehicle" (FAC, at '1 63), is directly contradicted by the earlier allegation that "Plaintiff leased a new 2022 Volkswagen ID 4... from N...

Excerpt: ...ed fails to serve a timely response." (Code Civ. Proc., S 2030.290, subd. (b).) By failing to serve timely responses, Plaintiff waived "any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product." (Code Civ. Proc., S 2030.290, subd. (a).) A propounding party may move for an order compelling responses to a deman...

Excerpt: ...e "[i]f a party to whom interrogatories are directed fails to serve a timely response." (Code Civ. Proc., S 2030.290, subd. (bj.) ay failing to serve timely responses, Plaintiff waived "any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product." (Code Civ. Proc„ S 2030.290, subd. (a).) A propounding party ma...

Excerpt: ... may move to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under Code of Civil Procedure secton 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. (Code Civ. Proc., S 2030.300, subd. (a).) A motion to compel further responses to interroga...

Excerpt: ...bd. (a)(l).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code of Civ. Proc., S 473, subd. Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may ...

Excerpt: ...rotective order that Defendant filed "to delay" the discovery, contending the motions were untimely and frivolous. (Mot. Memorandum of Points and Authorities ["MPA"], at pp. 11-16 [ROA 781.) The Law on Discovery Sanctions "A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought." (Code Civ. Proc., S 2023.040.) For issue or evid...

Excerpt: ...pear within the "four corners" of the pleading — which includes the pleading, any exhibits attached, and matters of which the court is permitted to take judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer "admit[s] all the properly pleaded material facts" and "even the most improbable alleged facts" are accepted as true. (Nolte v. Cedars-Sinai Medical Center (2...

Excerpt: ...ounsel could have sent the meet and confer letter more than five days prior to the moton deadline. However, the court considers the circumstances leading up to that meet and confer letter, defense counsel's early request for more time to meet and confer, and Plaintiffs counsel's refusal to extend time for a motion to compel. Given that Plaintiff stands on her responses here, the court finds that any further meet and confer effort would have been ...

Excerpt: ...l service of a summons on such party." (Code Civ. Proc., S 410.50, subd. (a).) " ' "A general appearance operates as a consent to jurisdiction of the person, dispensing with the requirement of service of process, and curing defects in service." [Citation.]' [Citations.]" (Dial 800 v. Fesbinder (2004) 118 Cal.App.4th 32, 52.) A defendant appears in an action when the defendant, among other things, answers. (Code Civ. Proc., S 1014.) Furthermore, "...

Excerpt: .... Rules of Ct., rule 2.550(c) ["Unless confidentiality is required by law, court records are presumed to be open." l.) Although that right is not absolute, the moving party has the burden to meet the requirements set forth in California Rules of Court 2.550-2.551. The motion or application "must" be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing." (Cal. Rules of Court, rule 2.551(b)(1).) To grant ...

Excerpt: ... Good cause must be shown. (Code Civ. Proc., SS 2032.310, 2032.320.) As noted by a well-regarded practice guide, under the wording of Code of Civil Procedure section 2032.220, subdivision (a), when there are several defendants, "a plaintiff arguably may be compelled to submit to as many examinations as there are codefendants." (Weil & Brown, Cal. Practce Guide: Civil Procedure Before Trial (The Rutter Group 2023) 8:1522.) "This may be a 'glitch' ...

Excerpt: ... to an undivided 50% interest ("The Tiltons") remove an unapproved fence located at 713 Avenida Azor, San Clemente, California, 92673 (the "Property"). The request for preliminary injunction is denied. Legal Standard An injunction may be granted where it appears by the complaint that the plaintiff is entitled to the relief demanded and the relief consists in restraining the commission or contnuance of the act complained of. (See Code Civ. Proc., ...

Excerpt: ...ormed counsel: "No appearance is necessary if the Request for Dismissal is filed five (5) court days prior to hearing, otherwise counsel to appear. [q] If there is no appearance at the Order to Show Cause hearing, the court may dismiss this case without any further notice to parties." (2/27/2023 Minute Order.) The parties waived notce. (2/27/2023 Minute Order.) On May 5, 2023, Plaintiffs' counsel (Chong Roh) appeared at the order to show cause he...

Excerpt: ...rial court in which the unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or it may consolidate the actions." The summary procedures of an unlawful detainer action apply in routine cases in which the tenant has failed to pay rent, not a case involving dispute over title. (ld. at pp. 387-390.) Here, Plaintiff and Defendant each assert ownership of the property at issue. ...

Excerpt: ...amily 1998 Revocable Trust, and Defendants Brenda Mandelbaum and Uri Mandelbaum, as trustees of the Mandelbaum Trust dated November 1, 1988. 2. Defendant SNP Pharmacy, LLC received no consideration for transferring all its interests in the Batavia Property to Defendants Bentzion Mandelbaum and Michelle Mandelbaum, as trustees of the Mandelbaum Family 1998 Revocable Trust, and Defendants Brenda Mandelbaum and Uri Mandelbaum, as trustees of the Man...

Excerpt: ....) On May 12, 2023, the court ordered Plaintiff to provide further responses to TWDC Enterprises 18 Corp. motions to compel further responses to form interrogatories, set one, special interrogatories, set one, and requests for production of documents, set one, within 20 days of notice of the ruling. The court also ordered Plaintiff to provide further responses to Defendant Walt Disney Parks and Resorts U.S., Inc.'s motions to compel further respo...

Excerpt: ...aintiff's gross negligence claim (FAC, page 20, 104-106; page 24 at line 22). The remainder of the motion is denied. Defendants move to strike the claim for exemplary and punitive damages and all references supporting the same in the FAC. A plaintiff may recover exemplary damages in an action for the breach of an obligation not arising from contract if the plaintiff proves by clear and convincing evidence that defendants are "guilty of oppression...

Excerpt: ...l. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) '19.53. la.) Failure to Serve Statement of Damages Prior to Entry of Default Defendant contends the default and default judgment are void because Plaintiff Paul Barnat, D.D.S., failed to serve a statement of damages prior to seeking entry of default. Code of Civil Procedure section 425.11 states in pertinent part: (b) When a complaint is filed in an action to recover damages ...

Excerpt: ... However, the Court declines to consider Plaintiffs' supplemental brief filed on November 28, 2023. Evidentiary Objections Omar Daher's objection to paragraph 41 of Joseph Dib's 11/13/2023 Declaration is sustained. Omar Daher's objections to paragraphs 21, 22, 24 (erroneously numbered 21 on page 8, line 12), 25, and 33 of Monica Dib's 11/13/2023 Declaration are sustained. Omar Daher's objection to paragraph 24 of Nassar's Declaration is sustained...

Excerpt: ...s." (Olinick v. BMG Entertainment (20436) 138 Cal.App.4th 1286, 1294.) Code of Civil Procedure section 418.10, subdivision states: "A defendant, on or before the last day of his or her time to plead or within any further time that the court may for cause allow, may serve and file a notice of motion . [t]o stay or dismiss the action on the ground of inconvenient forum." California (and federal) courts presume the validity of forumselecton clauses....

Excerpt: ... Cal.App.4th 1120, 1125.) The challenge is limited to the "four corners" of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to in...

Excerpt: ...(2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff." (Coles v. Glaser (2016) 2 Cal.App.5th 384, 391.) A written contract may be pleaded either by its terms set out verbatim in the complaint, or a copy of the contract attached to the complaint and incorporated therein by reference, or by its legal effect. (Miles v. Deutsche Bank National Trust Company (2015) 236 Cal.App.4th ...

Excerpt: ...209 Cal.App.4th 182, 194 [noting that the court may take judicial notice of a recorded deed, but declining to do so where deed was not relevantl.) Evidentiary Objections The court declines to rule on Plaintiff's and Defendants' evidentiary objections. (CINIe Civ. Proc., S 437c, subd. Applicable Law "[Flrom commencement to conclusion, the party moving for summary judgment the burden of persuasion that there is no triable issue of material fact and...

Excerpt: ...ew evidence is not permitted with reply papers ... '[T]he inclusion of additional practice .. evidentiary matter with the reply should only allowed in the exceptional case . and if permitted, the other party should be given the opportunity to respond." (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Reply evidence should not address substantive issues in the first instance but only fill gaps in the evidence created by opposition. (ld. a...

Excerpt: ...ne. "[A]ll that is necessary is to call the court's attention to such papers." (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) '1 9.53.1a.) The fourth dtNument, Exhibit D, is the certificate of title and DMV renewal notice for Decedent's car, which Defendant also submitted as evidence. (See Evidence in Support ["EIS"; ROA 1361, Exh. F [LaSola Decl., at 8.) The court will consider certificate of title and D...

Excerpt: ...ocuments. The court "may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person." (Code Civ. Proc., S 1987.1, subds. (a), (b).) The party claiming a violation of the constitutional right of privacy must "[1] establish a legally protected privacy interest, [2] an objectively reasonable expectation of privacy in the given circu...

Excerpt: ...Appeal issued its opinion. (ROA 179 [case number G051416].) The May 6, 2022 order denying Defendant Sylvia Nuttall's special motion to strike (Code Civ. S 425.16) as to the third, fourth, fifth, eighth, ninth, and tenth causes of action was affirmed. The order was also affirmed with respect to allegations of theft and related misconduct, which in part, support the second, sixth, and seventh causes of acton. (ROA 179.) The Court of Appeal held tha...

Excerpt: ...e of the proof of service filed in this achon on May 24, 2023, is denied. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. A party may "simply call the court's attention to such papers." (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) '1 9:53.1a.) Defendants move for an order quashing the service of summons and complaint purportedly effected by Plaintif...

Excerpt: ...ed the deposition of Defendant to take place on December 15, 2022. (Bournazian Decl. '14-5, Exh. 3.) aut as the court previously ruled in a nearly identical motion, Defendant was in default from November 21, 2022 to July 7, 2023, and could not appear at the deposition. (See Req. for Entry of Default [ROA 14]; 5/19/2023 Minute order [ROA 521; 7/7/2023 Minute order [ROA 901.) Because defense counsel was unable to obtain a stipulation to set aside t...

Excerpt: ...lt abuse/neglect. "The purpose of the [Elder Abuse Act] is essentally to protect a particularly vulnerable portion of the from gross mistreatment in the form of abuse and custodial neglect." (Delaney v. Baker (1999) 20 Cal.4th 23, 33.) Pursuant to Welfare and Institutions Code section 15610.57, neglect means the "negligent failure of any person having the care or custody of an elder or a dependent adult to exerc:ise that degree of care that a rea...

Excerpt: ... properly electronically bookmarked. (See Cal. Rules of Court, rule 3.110(f)(4).) In addition, Plaintiffs filed those exhibits in five volumes, without indices as to what was in each volume. Each of the volumes was over pages, two were over pages. Some of the volumes started in the middle of an exhibit. Besides proper tabbing, a table of contents for each volume would have greatly assisted the court and its staff. Request for Judicial Notice Defe...

Excerpt: ...s.) Merits The only cause of achon alleged against Airbnb is the first cause of action for strict products liability. The FAC alleges that Airbnb "supplied various products, specifically properties for short-term rentals, including but not limited to the property located at 16387 South Pacific Avenue, Sunset Beach, California 90742 (the (FAC, at '1 10.) Airbnb is a "broker of properties for short-term rentals" and placed the "Product into the str...

Excerpt: ...l be an element of the costs of suit." Section 1717, (a) also states in relevant part: In any acton on a contract, where the contract specifically 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, s...

Excerpt: ...ains the same for the entire action's duration. Aquino argues on demurrer that Pinon fails to allege compliance with the claim requirements of Probate Code sections 9351, 9370, and A plaintiffs right to recover against the decedent or the estate is contingent on having filed the claim on which the action is based in the probate proceedings or having presented it to the decedent's personal representative in accordance with the Probate Ctxle. (Prob...

Excerpt: ...ful disobedience." (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) A contempt proceeding is commenced by the filing of an affidavit showing the facts satisfying these four requirements (the "charging allegations"). (Code Civ. Proc., S 1211.) The affidavit frames the issues to be tried. (Reliable Enterprises, Inc. v. Superior Court (1984) 158 Cal.App.3d 604, 616.) The filing of a sufficient affidavit is a "jurisdictional prerequisite" to ...

Excerpt: ...nperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff." (Coles v. Glaser (2015) 2 Cal.App.5th 384, 391.) Plaintiffs allege that the parties entered into a series of contracts: In 2015, Plaintiffs and Defendants entered into a series of contracts related to the opening of a potential Weinerschnitzel franchise including: (1) Advertising Association Agreement, (2) Franchise Agreement, (3) Addendum to the Franchise Agreemen...

Excerpt: ...erein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) On ...

Excerpt: ... entitled "Defendants TWOC Enterprises 18 Corp. Formerly Known as the Walt Disney Company and Walt Disney Parks and Resorts U.S., Inc.'s Motion to Strike Plaintiffs' Untimely Opposition to Defendants' Motion for Contempt, Terminating Sanctions, and Monetary Sanctons in the Sum of and Reply to Plaintiffs' untimely Opposition to Defendants' Motion". (ROA 287.) It appears that because the caption of the document suggested that it was another motion,...

Excerpt: ...fidavits, declarations, depositions, and other such material which was filed on behalf of the adverse party and which purports to contradict the allegations and contentions of the plaintiff. [Citation.]" (See Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 605.) Pursuant to Code of Civil Procedure secton 438, subdivision (b)(l), a party may move for judgment on the pleadings. A defendant may move for a judgment on the ple...

Excerpt: ...icial notice of a recorded deed, but declining to do so where deed was not relevantl.) Defendant's request for judicial notce of Plaintiff's Complaint previously filed in this case is denied. "[Alll that is necessary is to call the court's attention to such papers." (We-I & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) '1 9.53.1a.) Federal Arbitration Act ("FAA") Defendant contends that the FAA applies. (Mot., a...

Excerpt: ...iality, trade secret, attorney-client privilege or work product but must provide a privilege log for the documents it withholds on these grounds. Meet and Confer Efforts Defendant argues that Plaintiff failed to sufficiently meet and confer. (Opp., at pp. 2-3.) Plaintiff's counsel sent a lengthy letter on May 25, 2023 discussing what it described as Defendant's deficient discovery responses to special interrogatories, form interrogatories, and re...

Excerpt: ...o the remainder of that item or category. (b) If the respond-ng party objects to the demand for inspection, copying, testing, or sampling of an item or category of item, the response shall do both of the following: (1) Identify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being made. (2) Set forth clearly the extent of, and th...

Excerpt: ...07, 813 [statute requires payment of only those costs and fees that were reasonably incurred].) "[Tlhe Legislature intended the word 'expenses' to cover items not included in the detailed statutory definition of 'costs.'" "Expenses" may "cover such out-of-pocket expenses as filing fees, expert witness fees, marshall's fees, etc., [which] should open the litigation process to everyone." (Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 1...

Excerpt: ...ries on the grounds that the answer is evasive or incomplete. (Code Civ. Proc., S 2030.3W, subd. If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2ff)O) 22 Cal.4th 245, 255.) No. 4 This interrogatory seeks the number of residents who developed sepsis and/or septic shtNk while residing at the facility fro...

Excerpt: ...is required to set the matter for trial within 120 days. Civ. Proc., S 35, subds. (a), "An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any party. The affidavit is not admissible for any purpose other than a motion for preference under subdivision (a) of Sect...