Excerpt: ...er directing the defendant to transfer to the levying officer possession of property in defendant's possession, documentary evidence in defendant's possession of title to property, and documentary evidence in defendant's possession of debt owed to defendant. (ROA 20.) In the Application, it states “Attachment is sought to secure recovery on a claim upon which attachment may issue under … Code of Civil Procedure section 483.010.” (Id.) Attac...

Excerpt: ...2.010 provides: (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought. (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 propert...

Excerpt: ...), 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 in relevant part: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrat...

Excerpt: ...dure Section 1013b(b). Proof of electronic service must include, among other things, the electronic service address and the residence or business address of the person making the electronic service. (Code Civ. Proc., § 1013b, subd. (b)(1).) Here, Defendants' proof of service here does not include the electronic service address of the person making the electronic service. Within two (2) court days of this hearing date, Moving Defendant The Waterf...

Excerpt: ...on is DENIED in all other respects. 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 regarding any matter, not privileged, that is relevant to the subject matter involved in the ...

Excerpt: ...END and the Motion to Strike is DENIED IN PART AND GRANTED IN PART. 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 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...

Excerpt: ...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.4th 1395, 1404-05.) A demurrer is li...

Excerpt: ...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 in relevant part: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respon...

Excerpt: ...bed 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 the discovery of admissible evi...

Excerpt: ... for Admissions Admitted. Defendants' Motion for Relief from an Order Deeming Request for Admissions Admitted is GRANTED. A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties. (Code Civ. Proc., § 2033.300(a).) Withdrawal or amendment of an admission is permitted only if it determines that the admission was the result of mistake, inadvertence, or excusabl...

Excerpt: ...iff to file the proposed First Amended Complaint, and Plaintiff's Motion for Leave to Amend is DENIED. Procedural Requirements A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph,...

Excerpt: ...g, Training, Supervision And Retention Of Employees (“Negligent Hiring”); (7) Violation Of The Unruh Civil Rights Act California Civil Code §51.7 (“Section 51.7”); and (8) Violation Of The Bane Civil Rights Act, California Civil Code § 52.1 (“Section 52.1”). 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 plain...

Excerpt: ... Jackson (2001) 93 Cal.App.4th 993, 1020; see also Corbett v. Hayward Dodge, Inc. (2004) 119 Cal.App.4th 915, 926 [stating that “[c]ourts have uniformly held that the party moving for statutory attorney fees or sanctions has the burden of proof”].) Attorney's fees are recoverable as costs, when authorized by contract, statute, or law. (Code Civ. Proc., § 1033.5(10)(A)-(C).) Contractual attorney's fees are recoverable as costs. (Code Civ. Pro...

Excerpt: ...maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. In City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 81-84 (footnotes and internal quotation marks omitted) the Supreme Court described the statutory scheme for discovery of...

Excerpt: ...otors, LLC (“GM”) is ordered to produce a Person Most Knowledgeable for deposition as to Category Nos. 2-17, 18-27, 30-32, 35-40, 42-49, 51-52, and 57-58 on or before July 23, 2021, under conditions consistent with applicable COVID-19 public health orders and guidance or under conditions to which the parties otherwise stipulate, and to produce without objections by July 23, 2021, documents requested by Request for Production Nos. 1-40 in Plai...

Excerpt: ...be answered under oath. (b) An interrogatory may relate to whether another party is making a certain contention, or to the facts, witnesses, and writings on which a contention is based. An interrogatory is not objectionable because an answer to it involves an opinion or contention that relates to fact or the application of law to fact, or would be based on information obtained or legal theories developed in anticipation of litigation or in prepar...

Excerpt: ...010) 186 Cal.App.4th 383, 388 (internal quotation marks omitted), the appellate court described summary judgment/adjudication motions sought by plaintiffs: [W]here the plaintiff has also moved for summary judgment—or, as in this case, summary adjudication—that party has the burden of showing there is no defense to a cause of action. [Citation.] That burden can be met if the plaintiff has proved each element of the cause of action entitling th...

Excerpt: ...(2) conspiracy to commit fraud; (3) and unfair business practices. (Id.) These claims are based on the allegation that Charley Cha's signature was forged on the 2018 Security Agreement. (Id.) In addition, the Cross-Complaint pleads an additional cause of action against Heedo Han and Grace Han (Roe 1) based on their alleged breaches of obligations under separate agreements relating to the purchase and sale of Defendant. (Id.) The trial in this cas...

Excerpt: ...” (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.4th 1395...

Excerpt: ... (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 operative complaint's four corners, attached exhibits, and judicially noticeable matters. (Hoffman v. Smithwoods RV Park, LLC (2009) 179 Cal....

Excerpt: ...e 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 discovery of admissible evidence. [Citation.] In establishing the statutory methods of obtaining discovery, it was the intent of the Legislature that discovery be allowed whenever consistent with justice and public policy. [Citation.] The st...

Excerpt: ...tiff RDI Financial, LLC (“Plaintiff”). In ROA 32, Defendant offers objections to the Declaration of Kyra Herrick- Ainsworth (ROA 14.) In ROA 33, Defendant offers objections to the Declaration of Kyra Herrick-Ainsworth (ROA 12.) The court considered the objections. The court SUSTAINS the objection and will not consider the Declaration of Andrea Kalmanovitz (ROA 10) because the document is unsigned. The court OVERRULES each of the objections wi...

Excerpt: ... granted Plaintiff leave to file an additional 7 pages for the opening brief, providing for 22 pages total. (ROA 301.) In this case, Plaintiff's opening brief here is 32 pages (not 22 pages). California Rules of Court, Rule 3.1113, subdivision (g), provides that an over length brief shall be treated the same as a late filed brief (i.e., the court has discretion not to consider the brief pursuant to CRC 3.1300(d), though if the court refuses to co...

Excerpt: ...ary 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 matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has ...

Excerpt: ...omplete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this initial burden, the plaintiff need not o...