Excerpt: ...n support of the opposition for the Court to review. Plaintiff has not shown good cause for the late filing. The Court exercises its discretion and declines to consider the opposition and supporting papers. (Code Civ. Proc., § 1005, subd. (b); Cal. R. Ct. Rule 3.1300, subd. (d); Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 625, disapproved on other grounds by Colmenares v. Braemar Country Club, Inc. (2003) 29 Cal.4th 1019 [“We conclude t...

Excerpt: ...r counsel in Florida. This mistake is imputable to Defendant, and does not change the fact that Plaintiff was forced to bring these motions in order to obtain compliance. As such, Plaintiff is awarded sanctions against Dr. Akpeke. Within 30 days of the notice of ruling, Dr. Akpeke shall pay monetary sanctions for the discovery motions in a total amount of $1,125 to Balboa Capital Corporation. (Code Civ. Proc., § 2023.030, subd. (a); Cal. Rules o...

Excerpt: ... the accident. The motion is denied as to the requested order that she be required to provide testimony regarding the date of diagnosis of her dementia and the severity of her dementia. Code of Civil Procedure section 2025.450, subdivision (a) provides that when a party deponent is served with a deposition notice and, without having served a valid objection under Code of Civil Procedure section 2025.410, fails to appear for deposition the party g...

Excerpt: ...ision (a) specifies cost items that are allowable, including filing and motion fees, deposition costs, and court reporter fees. (Code Civ. Proc., § 1033.5, subd. (a)(3).) Allowable costs “shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subd. (c).) If the items on their face appear to be proper charges, t...

Excerpt: ... (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 by reference—or by its legal effect, i.e., by alleging the substance of its relevant terms. (Construction Protective Servs., Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198–199; Heri...

Excerpt: ...specifies cost items that are allowable, including filing and motion fees, deposition costs, and court reporter fees. (Code Civ. Proc., § 1033.5, subd. (a)(3).) Allowable costs “shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subd. (c).) If the items on their face appear to be proper charges, the verifie...

Excerpt: ...ourt's attention to a previous order and seeks to "modify, amend, or revoke" that order. Merely asking the court to grant relief that is inconsistent with a prior order, whether by the same or a different judge, is not a "motion for reconsideration." (Sorenson v. Superior Court (2013) 219 Cal.App.4th 409, 421, fn. 13.) A motion for reconsideration is commonly thought to have two stages. The court must decide whether to grant reconsideration as su...

Excerpt: ...construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified 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 sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) A demurrer for uncertainty should be o...

Excerpt: ...testimony is protected under Evidence Code sections 992 and 994. Defendant further contends that she has not put her physical or mental condition at issue. Thus, she has not waived the physician-patient privilege. In opposing the motion, Plaintiff does not dispute that the testimony sought from Dr. Hryniewicki is subject to the physician-patient privilege. Rather, Plaintiff argues that, “[b]y making a claim to incompetence, Ms. Fleer has put at...

Excerpt: ...all the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) ¶ 9.53.1a.) An answer to a complaint shall contain: (1) the general or specific denial of the material allegations of the complaint controverted by the defendant and (2) a statement of any new matter constituting a defense. (Code Civ. Proc., § 431.30, subd. (b) [emphasis added].) The same pleading of ultimate fac...

Excerpt: ...aintiff's counsel inadvertently failed to forward it to his paralegal to calendar. At that time, he was preparing for trial (starting April 7, 2022) and his own wedding (which took place on March 27, 2022). (Roberts Decl., at ¶ 3.) Co-counsel at Plaintiff's counsel's firm avers that he did not forward the discovery requests to the paralegal because Mr. Roberts was assigned the case and Mr. Perry assumed Mr. Roberts had it handled. (Perry Decl., ...

Excerpt: ..., Suket Real Properties, Sukut Real Properties II, LLC, Sean P. McCoy, and Myron Sukut (“Defendants”) filed evidentiary objections and “response to Car Prep, Inc.'s separate statement of undisputed material facts” in opposition to Car Prep's motion. Defendants did not include a memorandum of points and authorities, which is required as part of an opposition to a summary judgment motion pursuant to California Rules of Court, rule 3.1350(e)...

Excerpt: ...to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete. (Code Civ. Proc., § 2030.300, subd. (a)(1)). 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 (2000) 22 Cal.4th 245, 255.) Merits The interrogatories at issue seek information about Trinity's licenses,...

Excerpt: ...w, 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 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. (Cod...

Excerpt: ... to form interrogatories, set one, numbers 50.1-50.3 and 50.5. Plaintiff's motion to compel further responses to request for admissions, set one, numbers 1-5, 9, 10, 22, and 26-28, is granted. Duplicate Motions As a preliminary matter, Plaintiff filed two nearly identical motions to compel further responses to requests for admission, three days apart. The only apparent differences are that the later filed motion includes a proof of service and th...

Excerpt: ...the Clerk's Office rejected the document because the address was not changing, and counsel of record was changing. The Clerk indicated that a substitution of counsel was needed. (ROA 76.) It was not until April 29, 2022 that Trial Lawyers for Justice filed a substitution of counsel on the correct form indicating that Trial Lawyers for Justice was new counsel of record for Plaintiff. This was electronically served on all parties including Waters' ...

Excerpt: ...R Investment Properties, LLC (“Plaintiffs”). Additional Papers Filed Without Leave of Court The hearing on this motion was continued to allow Defendants and Plaintiffs to properly serve their moving, opposing, and reply papers on Cross-Defendants Sunnyside Group and Charles Roh. Plaintiffs and Defendants have shown that the papers were provided to all parties. Since the last hearing, Plaintiffs and Defendants served and filed supplemental pap...

Excerpt: ...respects uncertain, because ambiguities can be clarified 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 sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) A demurrer for uncertainty should be overruled if the facts are presumptively withi...

Excerpt: ...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 demurrer, a complaint must be liberally construed. (Code Civ. Proc., § 452; Stevens v. Sup...

Excerpt: ... 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 justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial). (Glenfed Develop. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117; Weil & Brown, Cal. Practice Guide: Civil Procedure Before T...

Excerpt: ...the FAA. Rather, the arbitration provision expressly provides: “This Agreement to arbitrate shall be specifically enforceable under the prevailing California arbitration law.” (Levy Decl., Exh. A, at pp. 31- 32.) Accordingly, the California Arbitration Act applies. (Cronus Investments, Inc. v. Concierge Services (2005) 35 Cal.4th 376, 387-393; Mastick v. TD Ameritrade, Inc. (2012) 209 Cal.App.4th 1258, 1265.) In any event, California and fede...

Excerpt: ...ned by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Furthermore, an award of attorney fees is a term of the parties' settlement agreement. To recover attorney's fees, a prevailing party bears the burden of demonstrating that the fees were: (1) allowable; (2) reasonably necessary to the conduct of the litigation; and (3) reasonable in amount. (Doppes v. Bentley Motor...

Excerpt: ...f's TAC is overruled. Sham Pleading Bommarito argues that the allegations of the TAC still contradict what was previously alleged in the Complaint and are sham pleadings that the Court should disregard. (Bommarito Dem., at pp. 10-12.) The “sham pleading” doctrine provides that a party will be bound by a prior, unfavorable allegation absent a satisfactory explanation for the change. (See Hahn v. Mirda (2007) 147 Cal.App.4th 740, 751; State ex....

Excerpt: ...ts for admission. Westpark Corte Bella Community Association (“Westpark”) seeks an order compelling Plaintiff to serve responses without objections to Westpark's third set of requests for production. The motions are granted. As an initial matter, Plaintiff Arthur Gross III, as Assignee of the Villas at Corte Bella and as an individual, once again did not timely oppose the motions. (Code Civ. Proc., § 1005, subd. (b).) Optimum and Westpark se...

Excerpt: ...on is settled. “[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.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of materi...