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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...-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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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...