Excerpt: ...y to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities. (2) A rep...

Excerpt: ...s 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 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 t...

Excerpt: ...committed to the discretion of the trial court after the court determines (1) the likelihood that the plaintiff will prevail on the merits at trial, and (2) the relative harms suffered by the parties.” (Pleasant Hill Bayshore Disposal, Inc. v. Chip-It Recycling, Inc. (2001) 91 Cal. App. 4th 678, 695.) The plaintiff has the burden of proof to show “upon a verified complaint, or upon affidavits” all elements necessary to support the issuance ...

Excerpt: ...n for Summary Judgment because the Separate Statement fails to comply with California Rules of Court, rule 3.1350(b). Where there are multiple causes of action presented for summary adjudication in one motion, each cause of action must have a separate section heading indicating the issue number, and specifying the issue. Failure to comply with the separate statement requirements is grounds to deny the motion. (Code Civ. Proc. § 437c(b)(1).) An a...

Excerpt: ...Fourth Cause of Action for Statutory Violations is OVERRULED. Defendant Starkey's Request for Judicial Notice of Exhibits 1 and 2 is GRANTED. Plaintiff contends that the demurrer violates Code of Civil Procedure section 430.60 and California Rules of Court, Rule 3.1320(a). The demurrer sufficiently complies with Rule 3.1320(a) because each ground for demurrer is contained in a separate paragraph and states the cause of action to which it applies....

Excerpt: ...ich is the basis of this motion. Pursuant to CCP § 2025.410(c), once a motion to quash a deposition is filed, the deposition sought to be quashed is stayed pending resolution of the motion. On February 5, 2021, Plaintiff issued a deposition subpoena to third party Riptide Holdings, LLC, calling for production and appearance on February 24, 2021. Defendant's Exhibit A (ROA 1980). Defendant Riptide Restaurants, Inc. objected on February 9, 2021. D...

Excerpt: ... controversy and that a party thereto refuses to arbitrate such controversy, the court 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: (d) The right to compel arbitration has been waived by the petitioner; or (e) Grounds exist for the revocation of the agreement. (f) A party to the arbitration agreement is also a party to ...

Excerpt: ... A and B is GRANTED. Truck's Request for Judicial Notice of Exhibits A through C is GRANTED. Code of Civil Procedure section 437c, subdivision (p)(1) provides, “A plaintiff or cross- complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that ...

Excerpt: ...iciency of handling litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order . . . that the trial of any issue of any part thereof shall precede the trial on any other issue or any part thereof in the case . . .” Code Civ. Proc. § 1048(b) states: “[t]he court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separat...

Excerpt: ...aintiff allege Defendant trespassed on their property by means of a water intrusion which caused mold in the walls of the premises, interfering with their use of the premises and causing loss of business income. At paragraph 42 of the complaint, Plaintiffs allege the following: “(a) Landlord fails and refuses to take steps to prevent the innundation [sic] of water into the Premises; (b) Landlord fails and refuses to take steps to attenuate the ...

Excerpt: ...ause she did not sign the contract. Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 307 states: “To state a cause of action for breach of contract, a party must plead the existence of a contract, his or her performance of the contract or excuse for nonperformance, the defendant's breach and resulting damage. (Otworth v. Southern Pac. Transportation Co. (1985) 166 Cal.App.3d 452, 459, 212 Cal.Rptr. 743.) If the action is based on all...

Excerpt: ... Overtime Wages in Violation of Labor Code §§ 1194 and 510; (4) Failure to Provide Meal and Rest Periods, Violation of California Labor Code §§ 226.7 and 512; (5) Failure to Pay Discharged Employee; (6); Unreimbursed Business Expenses; (7) Failure to Provide Itemized Statements to Employee; Violation of Labor Code § 226; (8) Violation of Labor Code § 558; and (9) Violation of Bus. Code 17200. According to the undisputed material facts, Defe...

Excerpt: ...ess they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.” Plaintiff should abide by this rule in the future. Form Interrogatory 12.1 requests the name, ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occur...

Excerpt: ...ndant WCP Real Estate Fund II(B), L.P.'s (“Fund II(B)”) PMK at deposition and for the production of documents (ROA 1911). Plaintiff also moves to compel the attendance of the attendance of Defendant WCP Real Estate Fund I Holdings, LLC (“Fund I Holdings”) PMK at deposition and for the production of documents (ROA 1914). Each of the PMK deposition notices were served on 1/20/21. The notices, which are identical except for the name of the d...

Excerpt: ...t did consider Exhibit A to the declaration of Stephen Shaw as the potential agreement to arbitrate. As an initial matter, moving defendant failed to file a proof of service no later than five court days before the hearing pursuant to Rules of Court, rule 3.1300(c). However, given that Plaintiffs opposed the motion, the Court addressed the motion on the merits. Plaintiffs also failed to comply with Rule of Court, Rule 3.1110(f)(4) because they di...

Excerpt: ... Plaintiff and Dealer contained an arbitration clause. Manufacturer was not a party to the lease agreement. However, Manufacturer contends the lease agreement requires Plaintiff to arbitrate its claim against Defendant. “Because arbitration is a matter of contract, generally one must be a party to an arbitration agreement to be bound by it or invoke it. [Citation] However, both California and federal courts have recognized limited exceptions to...

Excerpt: ...ch maintains a church at 740 W. Wilson street in Costa Mesa (“Property”) and is the sole legal title holder to the Property. Plaintiff contends that on 7/15/13, Defendants recorded a quitclaim deed which purported to effect a transfer of title in the Property from Plaintiff to District Council and to a no longer existent corporate entity, Harbor Assembly of God. Plaintiff changed its name from Harbor Assembly of God to Harbor Christian Fellow...

Excerpt: ...n of this state or of the United States.” Code of Civil Procedure section 418.10, subdivision (a)(1), provides, “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 for one or more of the following purposes: [¶] (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” “A stat...

Excerpt: ...iled with this Court. Code Civ. Proc. § 2033.280 states: “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from ...

Excerpt: ...oduction of documents (ROA 1908). Each of the PMK deposition notices were served on 1/20/21. The notices, which are identical except for the name of the defendant and the date and time of the deposition, each call for testimony on identical Categories A-R and production of documents in response to identical Categories 1-55. Orland Decs. (ROAs 1960 and 1963)., ¶¶ 19, Exhibits B. Fund II, L.P and Fund II(A) each served objections on 2/2/21. Orlan...

Excerpt: ...st Amended Notice of Deposition is DENIED without prejudice. Ambrose moves pursuant to Code of Civil Procedure section 2025.450, subdivision (a) which provides: “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 ap...

Excerpt: ...08) 158 Cal.App.4th 1120, 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 §§ 451 or 452. On demurrer, a complaint must be liberally construed. CCP § 452; Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601. All material facts properly pleaded, and reasonable inference...

Excerpt: ...nd 453: 1. Lot Line Adjustment recorded on 2/11/82; 2. Easement Deed and Agreement dated 1/15/92; 3. Grant deed dated 11/12/82. The Court grants the request for judicial notice. Plaintiffs allege they own property at 31112 Hamilton Trail in Trabuco Canyon. Defendant Farah owns the property next door located at 31111 Hamilton Trail. A driveway runs down the property line, with one side of the driveway on Plaintiffs' property and the other side of ...

Excerpt: .... [¶] (b) The application shall be executed under oath and shall include all of the following: [¶] (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 c...

Excerpt: ...ition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. [¶] (2) In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon wh...