Excerpt: ...on are SUSTAI NED as to Objection Nos. 3, 4, and 9 and OVERRULED as to the remaining. Code of Civil Procedure section 527, subdivision (a) provides: “A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary injunction shall be granted without notice ...

Excerpt: ...- Defendant will f ile another motion for good faith settlement and his financial condition is one of the relevant factors under Tech -Bilt. Cross -Defendant opposes the motion on the grounds it does not comply with Rule 3.1345, which requires a separate statement for motions to compel. Moving party City has not submitted a separate statement with its motion, nor were any of the exhibits attached (i.e., the discovery propounded, responses and mee...

Excerpt: ...ments, Set On e. (Ben -Ari Decl., ¶ 2, Ex. 1.) Defendant electronically served responses on October 22, 2024. (Ben -Ari Decl. ¶ 3, Ex. 2.) Defendant did not serve a verification or documents with its responses. (Ibid.) The parties met and conferred via email and telephonically between October 29, 2024 and November 12, 2024. (Ben -Ari Decl. ¶¶ 4 -10, Exs. 3 -8; Sitar Decl., ¶ 3.) During their call, Defendant advised Plaintiff that the request...

Excerpt: ...ower ‘not confined by or dependent on statute. [Citations.] This inherent power includes ‘fundamental inherent equity, supervisory, and administrative powers, as well as inherent power to control litigation.” (Stephen Slesinger, Inc. v. Walt Disney Co. (2007) 155 Cal.App.4th 736, 758.) “The Legislature has also recognized the authority of courts to manage their proceedings and to adopt suitable methods of practice.” Rutherford v. Owens ...

Excerpt: ...esponse was not an unqualified admission. Plaintiff argues its qualifications were objections. However, Plaintiff did not properly state it was objecting to the responses rather than qualifying the responses. For example, Request no. 15 asks Plaintiff to “ADMIT that YOU agreed to pay DEFENDANT $8,333.34 per month under the AGREEMENT.” Plaintiff responded “Responding Party admits that Plaintiff [sic] agreed to make ‘Monthly payments to Con...

Excerpt: ...efendant's pe rson most knowledgeable to attend a deposition. (ROA no. 69; Motion, Ex.1.) Defendant failed to file an opposition. The court granted 13 the motion and ordered Defendant to attend a deposition within 15 days of Plaintiff's counsel filing and serving the court's order and to pay monetary sanctions to Plaintiff in the amount of $2,063.75. (Ibid.) Plaintiff's counsel filed the required notice of order on 12/17/024. (ROA no. 73.) On 12/...

Excerpt: ...s fees in this case under Code of Civil Procedure section 1021.5 (PAGA). Legal Standard This is a “reverse -CPRA” claim in which Plaintiff unsuccessfully sought to prevent disclosure of certain public records. Such claims have been held to give rise to attorney fee claims by the successful requestor of public records against the individual employee seeking to prevent disclosure. Pasadena Police Officers Association v. City of Pasadena (2018) ...

Excerpt: ... alone, and not the evidence or the facts alleged. . . . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. Code of Civil Procedure section 452 states, �...

Excerpt: ...t the disputed check which is the subject of this action. Specifically, Defendant seeks interview notes with federal investigators which Defendant asserts would have been produced in the initial disclosures in the criminal matter. Plaintiff filed a motion to quash the subpoena which was set for hearing on 4/7/25. However, on 3/25/25, Plaintiff filed a notice of withdrawal of the motion on the grounds the deponent had responded to the subpoena alr...

Excerpt: ... Kona admitted is GRANTED. 11 Code of Civil Procedure section 2033.280, states, in relevant part, “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the request be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing ...

Excerpt: ... concealment or nondisclosure; (2) knowledge of the falsity of the misrepresentation, i.e., scienter; (3) intent to induce reliance on the misrepresentation; (4) justifiable reliance; and (5) resulting damages. Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 173. “In California, fraud must be pled specifically; general and conclusory allegations do not suffice.” Lazar v. Superior Court (1996) 12 Cal.4th 631, 645. “This particularity r...

Excerpt: ...ancial condition. On 2/3/25, the Court continued the Motion to 4/21/25 to allow the City to conduct discovery regarding Cross -Defendant's financial condition, specifically related to her rental income and equity in a Pomona house. (ROA 140.) Cross -Defendant did not file any new papers prior to the continued 4/21 hearing date. The City filed a new opposition and declaration on 4/14/25. Cross -Defendant's deposition was noticed for 4/22/25 includ...

Excerpt: ... Cross -Complainan ts' objections as they are not material to the motion. 20 MERITS Cross -Complainants seek to attach $392,160 including $375,000 in payments under the Settlement Agreement and $17,160 in attorney's fees and costs. “Attachment is a harsh remedy because it causes the defendant to lose control of his property before the plaintiff's claim is adjudicated.” Martin v. Aboyan (1983) 148 Cal.App.3d 826, 831. Because it is a creat...

Excerpt: ...Platinum seeks to compel production of 3 documents withheld on the grounds of attorney -client privilege. The party claiming privilege has the initial burden of showing preliminary facts to support the privilege. Wellpoint Health Networks, Inc. v. Superior Court (1997) 59 Cal.App.4th 110, 123. “The party opposing the privilege must bear the burden of showing that the claimed privilege does not apply or that an exception exists or that there has...

Excerpt: ...mstrong brought a motion to compel a further response to a subpoena duces tecum and to compel a second deposition of the PMK of non -party DOCS Surgical Hospital, LLC. The motion included a 91 -page separate statement. DOCS filed its opposition on October 3, 2024, and prepared a 64 -page opposing separate statement. On October 11, 2024, on the date the reply was due Defendant filed a Notice of Withdrawal, withdrawing his motion to compel in its e...

Excerpt: ... Court, Rule 3.1300(c) by filing a proof of service in future. 5 Legal Standard: Rule 3.7 “Lawyer as Witness” states: ““(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or (3) the lawyer has obtained informed writte...

Excerpt: ...nternational Traffic in Arms Regulations (ITAR) --specifically that Defendant was sending circuit board drawings for defense contracts to Chinese manufacturers and foreign employees in violation of federal regulations. (FAC, ¶ 13.) Defendant objects to the RFAs on grounds including attorney work product, commercially sensitive information, and the privilege against self - incrimination under the Fifth Amendment. In its opposition, Defendant asse...

Excerpt: ...al facts nos. 15 -18 rather than to specific evidence filed in support of the opposition and Plaintiff's response to the State's material facts. Code of Civil Procedure § 437c (b)(5) [“Evidentiary objections not made at the hearing shall be deemed waived.” (emphasis added)]; California Rules of Court, rule 3.1354, subd. (b) [“All written objections to evidence must be served and filed separately from the other papers in support of or in op...

Excerpt: ...s, conditions, or privileges of employment, based on “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation.” Government Code § 12940(a). To establish a prima facie case of discrimination, a plaintiff “must generally provide evidence that: (1) he was a member of a protec...

Excerpt: ...may be allowed or denied in the court 's discretion Additionally, Code of Civil Procedure section 1033.5(c) states allowable costs shall be reasonable in amount and “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.”   “If items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the ...

Excerpt: ... plaintiff's r esponse to that demand, deems that any modification of the demand, or any refusal to submit to the physical examination is unwarranted, that defendant may move for an order compelling compliance with the demand. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.   The Code provides for one physical examination of the plaintiff if the examination does not include any diagnostic test or proced...

Excerpt: ...ections to th e Declaration of Byron Gardner Objection No. 1 – Overrule Objection No. 2 – Overrule Objection No. 3 – Overrule Objection No. 4 – Overrule 31 Plaintiff's Objection to the Declaration of Tatianna Ikonnikova Objection No. 5 - Sustain This action arises out of a motor vehicle accident that occurred on April 3, 2020, at the intersection of Macarthur Boulevard and Red Hill Avenue in Irvine, California. Plaintiff Carlos Omar Manci...

Excerpt: ...es on a motio n for summary judgment. Oakland Raiders v. National Football League (2005) 131 Cal.App.4th 621, 648. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. [Citation] There is a t...

Excerpt: ...st whom the preli minary injunction is sought has not appeared in the action. If the responding party has not appeared, the OSC must be served in the same manner as a summons and complaint.” California Rules of Court, rule 3.1150(a). 19 Green Tents, LLC and Sustainable Agriculture Solutions, LLC have not appeared in the action. Plaintiff has not obtained and served an order to show cause on Green Tents and Sustainable Agriculture. Thus, the Cou...

Excerpt: ...he discretion o f 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 of a prelimina...