Excerpt: ...ersy, 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: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation 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, arisin...

Excerpt: ...strict liability claim, she must seek a dismissal. The negligence claim is addressed below. Express Contractual Assumption of Risk Defendants contend the doctrine of express contractual assumption of risk bars the entire action because plaintiff signed a waiver with Purple Yoga on 4/11/11. (Perry Decl., Exh. B.) That waiver stated: I hereby waive and release any claim that I might have at any time from injury of any sort against Purple Yoga and i...

Excerpt: ... the disposition of the Motion. Code of Civil Procedure section 425.16, subdivision (b), states, “(1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition 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 establishe...

Excerpt: ...tion. Merits: RFP No. 59 seeks documents responsive to plaintiffs' responses to NPBMD's Special Rogs, Set Two. Plaintiff objected but stated he “has produced or will produce all non-privileged documents.” RFP Nos. 63, 64, 71, and 72 seek documents relating to payments made by Conrad or affiliated entities to Mills and his entity, Mills real Estate Consulting, LLC. Plaintiff objected but again stated he would “produce all responsive, non-pri...

Excerpt: ...ersy, 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: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation 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, arisin...

Excerpt: ...he Court's 10/5/20 Order (ROA 149) granting Plaintiff's application for a preliminary injunction. The motion for reconsideration (ROA 155) suffers from some procedural failings. First, the accompanying declaration fails to specify “what application was made before, when and to what judge, what order or decisions were made” as required by CCP § 1008. That information, however, appears in the notice of motion. Second, the motion was electronic...

Excerpt: ... 28, 32-34, 47-50, 77, 78, 81, 99, 100 and 103. The requests for monetary sanctions are DENIED. On September 21, 2020, Coldwell Banker supplemented its responses to the Requests. (Rudin Decl. ¶ 26, Ex. 1.) Accordingly, the Requests that remain at issue are Request Nos. 13, 18, 23, 28, 30-35, 47-50, 66, 73-75, 77-81, 88, 99-100, and 102-104. Request Nos. 13, 18, and 23 and 28: Coldwell Banker's main issue with each of these Requests is that the t...

Excerpt: ...f record is DENIED. Neither the initial motion to compel (ROA 1117) nor the separate statement filed with it (ROA 1118) indicated how many supplemental requests for production were in issue. In fact, the separate statement was less than 4 full pages long and complained that responding defendant gave the same answer to each request in dispute. The supplemental separate statement filed by the moving plaintiff on 10-15-20 (ROA 1538) is 129 pages lon...

Excerpt: ... 25. Ambrose waived its objections: Code of Civil Procedure section 2030.290, states that: “If a party to whom the interrogatories are directed fails to serve a timely response, the following rules apply: [¶] (a) The party to whom the interrogatories are directed waives 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 protect...

Excerpt: ...AR on the Complaint; (3) dismissing ABAR's Cross-Complaint; (4) imposing monetary sanctions, and (5) awarding such other discovery sanctions as the Court deems appropriate, including issue and evidence sanctions. When a party fails to obey a court order, the full range of discovery sanctions becomes available. (Code Civ. Proc. §§ 2023.010(g), 2023.030.) The behavior justifying terminating sanctions includes repeated refusals to respond to disco...

Excerpt: ...ed party unless the party serving the papers has written consent of the self-represented party to serve him or her electronically (California Rule of Court, Emergency Rule 12(c).) Moving Defendant has not provided proof of written consent and Plaintiff did not oppose the motion. Consent for electronic service of a self- represented party is also required under California Rule of Court, Rule 2.251(c)(3)(B). Defendant must provide the Court with wr...

Excerpt: ...“Responding party has not had a reasonable opportunity to conduct discovery and investigation and will supplement this response at a later time.” The burden is on the responding party to justify any objection or failure to fully to answer the interrogatories. (Coy v. Sup. Ct. (1962) 58 Cal.2d 210, 220-221.) Defendant's opposition states that its objections were not “boilerplate or improper” but does not otherwise justify any of its object...

Excerpt: ...he ex parte hearing on 9-17-20. See, ROA 128. No good cause has been established to continue the hearing to 10-12-20 as requested by Defendant. “A trial court deciding whether to issue a preliminary injunction weighs two interrelated factors—the likelihood the moving party will prevail on the merits at trial and the relative balance of the interim harms that are likely to result from the granting or denial of preliminary injunctive relief. [C...

Excerpt: ...fornia Rules of Court, Rule 3.1112(a) provides that: “Unless otherwise provided by the rules in this division, the papers filed in support of a motion must consist of at least the following: [¶] (1) A notice of hearing on the motion; [¶] (2) The motion itself; and [¶] (3) A memorandum in support of the motion or demurrer. Although First Team filed a Notice of Motion and Motion, no memorandum in support of the motion was filed in compliance w...

Excerpt: ...ality. A waiver occurs when the action “‘is so inconsistent with an intent to enforce the right as to induce a reasonable belief that such right has been relinquished.'” (Savaglio v. Wal-Mart Stores, Inc. (2007) 149 Cal.App.4th 588. To the extent that Plaintiff Farheap is seek an order sealing the subject documents the request is DENIED. California Rules of Court, Rule 2.551(b)(1) requires that a motion to seal records must be accompanied b...

Excerpt: ...ly, the Motion is MOOT as to these requests. The Motion is also MOOT as to Request Nos. 22-65, as further/supplemental responses were served on August 18, 2020. The Requests that remain disputed are Request Nos. 1, 3, 4, 146-147. A party seeking further responses to request for production of documents may move for an order compelling further response pursuant to CCP § 2031.310. The moving party must demonstrate “good cause” for the documents...

Excerpt: ... discretion, the Court has considered the sufficiency of defendant Sentinel's responses to the supplemental interrogatory. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 405-406 The unverified, incomplete responses are not legally sufficient. Defendant Sentinel is ordered to provide full and complete verified responses to Form Interrogatories 2.1, 12.3, 12.4, 12. 5, 12.7, 15, 1, 16.1, 16,6, and 1...

Excerpt: ...LEAVE TO AMEND. In this construction defect case. Plaintiff alleges that Defendants, the developers and builders of her home, are responsible for soil and slope movement on her property and the resulting damage. Defendants demur to the 1st cause of action for negligence, 2nd cause of action for breach of contract and 3rd cause of action for breach of express warranty on the ground that each fails to state sufficient facts and is uncertain. First ...

Excerpt: ...lt, Inc. (1984) 155 Cal.App.3d 381, 385-386.) The court declines to rule on Plaintiff's objections filed 9/14/20 under ROA 62 as they are not relevant to the court's ruling. However, but even if the court were to consider Defendants' Opposition, it would reach the same conclusion. A Renewed Motion Code Civ. Proc. § 1008(b) also provides that a party who originally made an application for an order which was refused in whole or part, or granted co...

Excerpt: ...ing arbitration is GRANTED. Defendants contend that plaintiff Guy Pinero agreed to submit the claims alleged in his Complaint to binding arbitration. In support of its contention, Defendants have submitted an Arbitration Agreement which was signed by Guy Pinero's wife, plaintiff Judy Pinero as the Legal Representative/Agent of Decedent. (Declaration of Bryan Carney (“Carney Decl.”), ¶2, Ex. A.) Delegation clause: Defendants argue that the Ar...

Excerpt: ...on are focused on the legal insufficiency of the First Amended Cross-Complaint. (See the Opp. Brf. at 6:26) (construing the Motion in this way also). The Court does not consider the change of the focus in the Reply brief. (See Reply Brf. at 6:16 and reply exhibits); see Allen v. City of Sacramento (2015) 234 Cal.App.4th 41, 56 (“We do not consider those contentions because plaintiffs did not raise them in their opening brief and there is no exp...

Excerpt: ...ive Order the burden of proof is on the party seeking the protective order is to show “good cause” by a preponderance of the evidence. Stadish v. Superior Court (1999) 71 Cal.App.4 th 1130, 1145 Defendant Westport did not provide sufficient evidence to show good cause on most of the requests. To give Westport the opportunity to establish “good cause” existed as to some documents, the Court made specific orders for Westport to provide furt...

Excerpt: ...e Ahn's husband). The subpoenas seek information regarding 26 aliasas and pseudonyms listed in the subpoena as allegedly being used by Sunny Park; 29 aliases and pseudonyms listed in the subpoena as allegedly being used by Joyce Ahn; 11 aliases and pseudonyms listed in the subpoena as allegedly being used by Sunny Park's husband, Eugene Sung; and 27 aliases and pseudonyms listed in the subpoena as allegedly being used by Joyce Ahn's husband, Chri...

Excerpt: ... death cause of action against the Health Plan. Defendants' motion for summary judgment is GRANTED. 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 material fact . . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850. “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. a...

Excerpt: ... Summers, PhD. because the court does not deem them to be material to the disposition of the motion. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matte...