Excerpt: ...nal witnesses. For the following reasons, Plaintiff's motion is GRANTED in part and DENIED in part. Discovery, Generally In Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 402 (internal quotation marks omitted), the appellate court described the civil discovery process: The Civil Discovery Act provides litigants with the right to broad discovery. In general, any party may obtain discovery regardin...

Excerpt: ...ey, or both to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay…. (b) For purposes of this section: (1) “Actions or tactics” include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading. The mere fili...

Excerpt: ...ere dismissed without prejudice on October 4, 2021. (ROA 41.) “A demurrer tests the legal sufficiency of factual allegations in a complaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the f...

Excerpt: ...p.4th 217, 225.) In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) A demurrer is limited to the ope...

Excerpt: ...factual allegations in a complaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal...

Excerpt: ....320(a).) The motion must also specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. (Code Civ. Proc., § 2032.310(b).) “A party who chooses to allege that he has mental and emotional difficulties can hardly deny his mental state is in controversy.” (Vinson v. Superior Court (1987) 43 Cal.3d 833, 839 [wher...

Excerpt: ...ary judgment is DENIED. For the following reasons, Defendants' motion for summary adjudication is DENIED. Summary Judgment and Summary Adjudication, Generally A defendant moving for summary judgment bears the initial burden to show the plaintiff's action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a ...

Excerpt: ...section 877.6, which provides, in pertinent part: (a) . . . (2) [A] settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order. The application shall indicate the settling parties, and the basis, terms, and amount of the settlement. The notice, application, and proposed order shall be given by certified mail, return receipt requested, o...

Excerpt: ...Cal.App.4th 875, 882 (“Lockley”) (internal quotation marks omitted), the appellate court provided an overview of judicial notice: Judicial notice is the recognition and acceptance by the court, for use by the trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter. [Citation.] The court may in its discretion take judicial notice of any c...

Excerpt: ...plaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4...

Excerpt: ...wing reasons, the Motion to Strike is GRANTED WITHOUT LEAVE TO AMEND. The Demurrer Defendant demurs on the following grounds: 1. The fourth cause of action for fraudulent concealment fails to state a cause of action against DPR. (Code of Civ. Proc.,§ 430.10, subd. (e).) This claim fails because: A. Government Code section 818.8 immunizes public entities from fraud claims; and B. It is not based on statute. 2. The fifth cause of action for unfair...

Excerpt: ...rike is GRANTED WITH FIFTEEN (15) DAYS LEAVE TO AMEND. The Demurrer In the Demurrer, Defendant states: AHM demurs to Plaintiff's Seventh Cause of Action for Conversion on the following grounds: under Code of Civil Procedure section 430.10, subdivisions (e) and (f), because the Complaint fails to state facts sufficient to constitute a claim against AHM and the cause of action is uncertain, ambiguous, and unintelligible. This cause of action is als...

Excerpt: ...des out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney's fees” means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or ...

Excerpt: ...nt Huntington Beach Chrysler Dodge Jeep Ram. For the following reasons, the motion is DENIED as to Defendant FCA. Arbitration Agreements In St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1194 (internal quotation marks omitted), citing to Code of Civil Procedure 1281, the California Supreme Court described arbitration agreements: …[a] written agreement to submit to arbitration ... a controversy thereafter arising is...

Excerpt: ...r to the FAC is SUSTAINED WITHOUT LEAVE TO AMEND as to the Second Cause of Action. Defendant's demurrer to the FAC is SUSTAINED WITH FIFTEEN (15) DAYS LEAVE TO AMEND as to the First and Third Causes of Action. The Demurrer “A demurrer tests the legal sufficiency of factual allegations in a complaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) In ruling on a demurrer, a court must accept as true all allegations of fact contained...

Excerpt: ...e as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting without a jury. All or part of the record of the proceedings before the inferior tribunal, corporation, board, or officer may be filed with the petition, may be filed with res...

Excerpt: ...�Motion”) is GRANTED. Code of Civil Procedure Section 415.20 provides: (a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United...

Excerpt: ...ealthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 402 (internal quotation marks omitted), the appellate court described the civil discovery process: The Civil Discovery Act provides litigants with the right to broad discovery. In general, 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 mo...

Excerpt: ... Leasing, Inc., (d) Modular Transport Specialists, Inc., (e) Phillip O. Hamilton and (f) Rebecca G. Manandic, all of whom are represented by the same attorney, Crabtree Schmidt. Subsequently, on August 12, 2021, a Notice of Stay of Proceedings was filed with respect to Defendant Rebecca G. Manandic. On October 1, 2021, Plaintiff Fidelity and Deposit Company of Maryland filed a Notice of Withdrawal of Motion for Summary Judgment, or, in the altern...

Excerpt: ...ertinent part: (a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter ...

Excerpt: ...iko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 402 (internal quotation marks omitted), the appellate court described the civil discovery process: The Civil Discovery Act provides litigants with the right to broad discovery. In general, 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 a...

Excerpt: ...ROA 51.) In St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1194 (internal quotation marks omitted), citing to Code of Civil Procedure 1281, the California Supreme Court described arbitration agreements: …[a] written agreement to submit to arbitration ... a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. Section 1281.2 provides...

Excerpt: ...fice of Cantrell, Green, Pekich, Cruz & McCourt (2001) 91 Cal.App.4th 875, 882 (“Lockley”) (internal quotation marks omitted), the appellate court provided an overview of judicial notice: Judicial notice is the recognition and acceptance by the court, for use by the trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter. [Citation.] The...

Excerpt: ...d), the appellate court described the civil discovery process: The Civil Discovery Act provides litigants with the right to broad discovery. In general, 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 t...

Excerpt: ... production (ROA 24) from Plaintiff Eduardo Anaya and Plaintiff Danny Melendez (collectively, hereinafter, “Plaintiffs”). For the following reasons, the motions to compel responses to form and special interrogatories, and to compel production are each GRANTED. Discovery, Generally In Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 402 (“Sinaiko”) (internal quotation marks omitted), the app...