Excerpt: ... From Defendant Cheol Kim, etc. (“Motion 2” below , filed as ROA 66); (3) Motion to Compel Further Responses Without Objections to Special Interrogatories (Set One) From Defendant Cheol Kim, etc. (“Motion 3” below, filed as ROA 94); (4) Motion to Compel Further Responses Without Objections to Special In terrogatories (Set One) From Defendant Pinebrook Acupuncture, etc. (“Motion 4” below, filed as ROA 78); (5) Motion to Compel Furth...

Excerpt: ...trike are DENIED. I. DEMURRER BY LEGACY The within action is brought under the Elder Abuse and Dependent Adult Civil Protection Act (“Act”) and arises out of the death of Andrew Chavez (“Andrew”), an alleged drug addict. The Act creates a civil cause of action for a “dependent adult” who suffers “neglect” or “de privation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.” (...

Excerpt: ...nts' request for judicial notice, Nos. 1 -4. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. “[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 2014) ¶ 9.53.1a, p. 9(l) -3 3.) Plaintiff's Evidentiary Objections. The Court declines to rule on plaintiff's objections as such rulings w...

Excerpt: ... on 08/20/24. (Ortega -Carrillo Decl. ¶ 6, Ex. A.) While the criminal trial is only approximately five -months away from the date of this hearing, that does not support staying the entirety of this action. The court recognizes a criminal prosecution should not be able to obtain information through civil proceedings to which it was not entitled under the criminal discovery rules and that to allow the prosecutors to monitor the civil proceedings ...

Excerpt: ...writing, the demanding party waives any right to compel a further response to the demand.” Here, plaintiff submits evidence that NorCal served verified responses to RFP, Set One, on 7/17/23 by email. The subject motion was not filed until 10/5/23 which is more than 45 days after the responses were served. Plaintiff did not submit evidence of an agreement by NorCal to extend the motion deadline. Accordingly, the motion is untimely and denied. ...

Excerpt: ...; C.C.P. § 437c(c).) To satisfy this burden, a defendant must establish that one or more of the elements of a cause of action (a “COA”) cannot be established or that a complete defense exists to the cause of action. (Id.; C.C.P. § 437c(o).) If the defendant meets this burden, the burden shifts to the plaintiff to show a triabl e issue of material fact exists as to either the particular COA or the proffered defense thereto. (Id.) The plainti...

Excerpt: ...iff Qi. By way of the subject motion, Verde seeks leave to file a FAXC against plaintiff Qi. Rule 3.1324 sets forth the requirements for a motion for leave to amend. Here, the motion fails to state what allegations are to be added and deleted. Therefore, the motion fails to comply with 3.1324(a)(2)&(3). Additionally, the Motion does not include an attached copy of the proposed amended XC. However, on the same day the motion was filed, Verde als...

Excerpt: ...e § 430.10(e) and (f).) “To state a cause of action for breach of contract, a party must plead the existen ce of a contract, his or her performance of the contract or excuse for nonperformance, the defendant's breach and resulting damage. [Citation.] If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the body o f the complaint or a copy of the written agreement must be attached and incorpo...

Excerpt: ... burden of showing that a cause of action has no merit if the party has shown that one or mo re elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or crossdefendant has met that burden, the burden shifts to the plaintiff or cross -com plainant to show that a triable issue of one or more material facts exists as to the cause of actio...

Excerpt: ...NIED in part. The two motions and arguments are largely duplicative and t hus will be handled together. Plaintiff seeks to compel Defendant Marriot to produce all documents and ESI responsive to Requests for Product (“RFP”) (Set One) Nos 2, 6, 14, and 26. As to Defendant Lerma, Plaintiff seeks to compel him to produce all docu ments and ESI responsive to RFP (Set one) Nos 2, 6, 14, 18, 20, 26, 30, and 32. As to the format of the ESI, Under C....

Excerpt: ...(Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 14041 405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) “Because a demurrer tests only the legal sufficiency of the pleading, the facts alleged in the pleading are deemed to be true. (Thompson v. Ioane (2017) 11 Cal.App.5th 1180, 1190 [citation omitted].) As to the Trespass cause of action, the disputed issue is ...

Excerpt: ...it if the 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 the cause of action. Once the defendant or cross- defendant has met that burden, the burden shifts to the plaintiff or cross -complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or cross - com...

Excerpt: ...inti
¯ sets forth the allegations to be amended. Plainti
¯ also submits the declaration of counsel which explains the e
¯ect of the amendment and why the amendment is necessary and proper, including reference to the red-line version attached. The declaration also states when the facts were discovered. Counsel states “It was only after defendants Þled their answer to the original complaint after remand that I realized the First Amended Compl...

Excerpt: ...FP, Set Two, Þled by Gorla and directed to Plainti
¯/Cross-Defendant, Hospitality Marketing Concepts, LLC (“HMC”). The RFP propounded to HMC that were the subject of the January 8th order are identical to the RFP propounded on the Ramadan brothers. The court notes the arguments raised in the four motions to compel are nearly identical. Because the document requests to the Ramadan brothers and to HMC are identical and because the Ramadan bro...

Excerpt: ...a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Once a defendant challenges the Court's jurisdiction, it is up to the plainti
¯s to prove, by a preponderance of the evidence, that personal jurisdiction exists. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 449. This must be shown by a
¯idavits, declarations, or other competent evidence. (In re Automobile ...

Excerpt: ...ain circumstances as laid out in Civ. Proc. Code § 2031.310(a). “Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the disc...

Excerpt: ...1350. Additionally, the proof of service which lists all of the documents served by Verde in connection with the MSJ does not mention that a separate statement was served, even though it appears plainti
¯ received the document because she provided a response. In the motion, Verde seeks summary judgment as to the Complaint Þled by plainti
¯ Ying Qi in which she alleges a single cause of action for Premises Liability against Verde. Verde is alle...

Excerpt: ...here is no triable issue of material fact and the moving party is entitled to judgment as a matter of law. (McCabe v. American Honda Motor Co. (2002) 100 Cal.App.4th 1111, 1119; C.C.P. § 437c(c).) Where a defendant is the moving party, it must establish that one or more of the elements of a cause of action cannot be established or that a complete defense exists to the cause of action. (Id.; C.C.P. § 437c(o).) If the defendant meets this burden,...

Excerpt: ...he Þrst ground and does not reach the second. 1) COA No. 5 – Fraudulent Inducement – Concealment Concealment is, “[t]he suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact” (Civ. Code § 1710(3).) “To state a claim for fraudulent concealment under California law, a plainti
¯ must allege: “ ‘(1) a misrepresentation (fal...

Excerpt: ... plainti
¯.” (Rannard v. Lockheed Aircraft Corp. (1945) 26 Cal.2d 149, 154.) “[I]n cases involving automobiles or other vehicles, it is su
¯icient to aver that defendant negligently operated the vehicle without alleging how or in what respect it was done.” (Id. at 155.) Likewise, it is su
¯icient to allege damages “as a direct and proximate consequence and result” of the negligence. (Id. at 156.) “[N]egligence and proximate cause m...

Excerpt: ...ng Companies, Inc. ("SBC"), Bisher Aljazzar ("Aljazzar"), Deenna S. Elsherif ("Elsherif") (individually and as trustee of the Deenna Elsherif Living Trust etc.), and Stolac LP ("Stolac") (collectively the "Defendants"). Under C.C.P. S 437c(p)(1), on a motion for summary judgment or adjudication, a moving plaintiff has the initial burden of showing each element of the cause of action entitling the party to judgment thereon and that there is no def...

Excerpt: ...th]; and (2) the Motion for Summary Judgment, filed on 4/26/23. Both Motons are GRANTED. Summary judgment is proper where the evidence shows there is no triable issue of material fact and the moving party is entitled to judgment as a Where a defendant is the moving party, it must establish that one or more of the elements of a cause of action cannot be established or that a complete defense exists to the cause of action. (ld.; C.C.P. S 437c(o).) ...

Excerpt: ...summary judgment bears the burden of showing that a cause of action has no merit if the defendant shows that one or more elements of the cause of achon cannot be established, or that the defendant has a complete defense to the cause of action. (CCP S 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51.) If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied....

Excerpt: ...h 826, 843, citations omitted.) Courts "'construe the moving party's affidavits strictly, construe the opponent's affidavits liberally, and resolve doubts about the propriety of granting the motion in fawr of the party opposing it.'" (Unilab Corp. v. Angeles-IPA (2016) 244 cal.App.4th 622, 636, quoting Seo v. All—Makes overhead Doors (2002) 97 cal.App.4th 1193, 1201 1202.) Plaintiffs seek summary adjudication as to Defendants Amazon.com, Inc. a...

Excerpt: ...en identify available dates for Plaintiff, rejected proposed dates suggested by Plaintiff's counsel, and then informed Plaintiff's counsel that Mr. Lomax had gone to work for an allegedly unaffiliated entity and thus could no longer be produced for deposition at all. (Trujillo Decl. '1 25; Bennett Decl. "16—9, and Ex. 2.) The Court finds a troubling lack of detail in the explanation of the circumstances which led to that claim, as to what posit...