Excerpt: ...tion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Code of Civil Procedure § 436. An “irrelevant matter,” or “immaterial allegation,” means: (1) an allegation that is not essential to the statement...

Excerpt: ...e evidenc e/objections before the Court as contained in the papers, the Court rules as follows on Defendant's Evidentiary Objections to Exhibit 2, excerpts from Plaintiff's deposition transcript: Objection Nos. 1 -5: Sustained. Objection No. 6: Sustained in part and Overruled in part. Sustained as to “Several times at the movie theater.” To the extent DOE 2 is answering the preceding question at p. 73:21 -24 “the only time you ever heard hi...

Excerpt: ...plaint -inInt ervention by Intervenor Applied Risk Services, Inc., which provided workers compensation insurance to Plaintiff's employer. The Court declines to consider the opposition filed by Defendant The Irvine Company LLC, because Defendant does not have standing t o oppose the motion under Code of Civil Procedure section 437c(p)(2), which provides that the burden shifts to “the plaintiff or crosscomplainant” in opposing a motion for sum...

Excerpt: ...of $300 payabl e to Defendant no later than 30 days from the date of the service of notice of this order. California Rules of Court, rule 3.1348, subd. (a) [“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though . . . the requested discovery was provided to the moving party after the motion was filed.]. Moving Defendant to give notice. Motion to Compel Answers to Form Int...

Excerpt: ...parts in their context. If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. [¶] The courts of this state have long since depar ted from holding a plaintiff strictly to the form of action that has been pleaded and 5 instead have adopted the more flexible approach of examining the facts alleged to determine ...

Excerpt: ...the grounds the Complaint fails to state facts sufficient to constitute a cause of action against Defendant and is “uncertain.” Defendant Endresen The Code provides that unless the grounds for a demurrer are distinctly specified, it may be disregarded. Code of Civil Procedure § 430.60. In the introduction to the points and authorities Defendants argue Endresen is not a proper party because there are no allegations he exceeded the scope of h...

Excerpt: ...erits.” A ssociation of 36 Irritated Residents v. Department of Conservation (2017) 11 Cal. App. 5th 1202, 1218. “Res judicata, or claim preclusion, prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity wi th them.” Ibid. “[I]f a plaintiff prevails in an action, the cause is merged into the judgment and may not be asserted in a subsequent lawsuit; a judgment for the defendant ser...

Excerpt: ...onsolidate for all p urposes Superior Court Case No. 30-2020 - 01171344- CU-OE -CJC and 30- 2022-01286992- CU-JR -CJC is CONTINUED to July 29, 2024, at 1:45 PM in Department C15. Request to Vacate ODA of Labor Commissioner: A trial court “may, on motion of either party after notice to the other party, set aside any void judgment or order.” Code of Civil Procedure, § 5 473(d). “A judgment can be void for lack of personal or subject matter j...

Excerpt: ...arges, the verifi ed memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. Ladas v. California State Auto. Ass'n. (1993) 19 Cal.App.4th 761, 774– 776; Jones v. Dumri chob (1998) 63 Cal.App.4th 1258, 1266. On the other hand, items which are properly objected to are put in issue, and the burden of proof is on the party claiming them as co...

Excerpt: ...ed in court and us ed at trial or submitted as a basis for adjudication. Substantive courtroom proceedings in ordinary civil cases, and the transcripts and records pertaining to these proceedings, are presumptively open.” McNair v. National Collegiate Athletic Assn. (2015) 234 Cal.App.4th 25, 31; In re Marriage of Nicholas (2010) 186 Cal.App.4th 1566, 1575 [strong presumption of public access to court records]; California Rules of Court, rule 2...

Excerpt: ...ations about the curren t status of construction. The Association has submitted a copy of the proposed FASCC with the moving papers as Exhibit A and a redlined copy of the proposed FASCC as Exhibit 5 to the Declaration of Justin Nash. The Court may, in the furtherance of justic e, and on such terms as may be proper, allow amendment of a pleading at any time before or after commencement of trial. Code of Civil Procedure §§ 473(a)(1), 576.) In ad...

Excerpt: ...ly rate.” PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095. “The reasonable hourly rate is that prevailing in the community for similar work. [Citation.] The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order t o fix the fee at the fair market value for the legal services provided.” Id. “As the plain wording of section 1794, subdivision (d) makes clear, the trial court is ‘t...

Excerpt: ...RANTED. Timeliness Hunt opposes the demurrer on the grounds that it was not timely filed. Hunt served a copy of the summons and complaint on AVCA by substitute service on 06/06/2023, with a copy mailed on 06/12/2023. Accordingly, service was deemed completed on 06/22/2023. Cod e of Civil Procedure, § 415.20, subd. (a). The time for AVCA to demur expired 30 -days after service on 06/22/2023 which was a Saturday, therefore, AVCA had until 06/24/2...

Excerpt: ... allowing the inspection. Thus, Plaintiff's objection on the grounds Defendant previously inspected the premises is overruled. Plaintiff's objection on the grounds the Demand seeks to inspect irrelevant portions of the premises is overruled. Discovery is permitted 11 where the information sought is itself admissible or is reasonably calculated to lead to the discovery of admissible evidence. Code of Civil Procedure, § 2017.010. Discovery is libe...

Excerpt: ...pondent to ar bitrate 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 rescission 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, arising out of the same transaction or series of...

Excerpt: ...nd Robert Cayton, also known as Orange County Superior Court Case Number 30 - 2012 - 00593016 -CUOE -CJC) ("Cayton Matter"). During the pendency of the Cayton Matter, but entirely unrelated to it, Plaintiff assisted the Chief Executive Officer of Defendant, Edward Clark ("Clark"), in a case involving the State Lands Commission. As a professional courtesy, any services Plaintiff provided to Clark related to Clark's case with th...

Excerpt: ...le 3.1354, subdivision (b). Defendants' Evidentiary Objections to Plaintiff's Evidence Nos. 3, 4, 11 and 15 are OVERRULED. The court declines to rule on the remaining objections on the grounds that they are not material to the disposition of the Motion. Procedural defect: Defendants' separate statement is deficient as to the alternative motion for summary adjudication. On a motion for summary adjudication, the separate statement must tie each �...

Excerpt: ...e statute of limitatio ns and Plaintiff is not entitled to the delayed discovery rule. Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. 6 “A plaintiff must bring a claim within the limitations period after accrual of the cause of action.” Fox v. Ethicon Endo -Surgery, Inc. (2005) 35 Cal. 4th 797, 806. “Generally speaking, a cause of action accrues at ‘the time when the cause of a...

Excerpt: ... Hartwick D efendants' demurrer to the first cause of action for quiet title in the initial complaint with leave to amend on 06/16/2023. Plaintiffs filed the FAC on 06/26/2023. “A quiet title action seeks to declare the rights of the parties in realty.... The object o f the action is to finally settle and determine, as between the parties, all conflicting claims to the property in controversy, and to decree to each such interest or estate t...

Excerpt: ...to control the conduct of its m inisterial officers and of all other persons connected with its proceedings in furtherance of justice.” Doe v. Yim (2020) 55 Cal.App.5th 573, 581. California Rules of Professional Conduct, Rule 1.9 provides in pertinent part: “(a) A lawyer who has formerl y represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interest...

Excerpt: ...the lines of each page must be one and onehalf spaced or double spaced and numbered consecutively.” This discovery motion was continued from 3/18/2024 for additional meet -and -confer efforts. Plaintiff withdraws its Motion with respect to Request Nos. 7, 16, and 24 . (Witkow Decl., ¶ 4.) Defendant asserts supplemental responses were served to Request Nos. 4, 5, 6, 7, 16, 18, 19, 20, and 24, though there is no indication when. (Le Decl., ¶ 3....

Excerpt: ...der compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or th e required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. (b)(1) A motion under subdivision (a) shal...

Excerpt: ...blic funds and , thus, does not eliminate the claim presentation requirement. Meet and Confer The Court finds Defendants adequately attempted to meet and confer with Plaintiff. Legal Standard “The party against whom a complaint or crosscomplaint has been filed may obje ct, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds … [¶] The pleading does not state facts sufficient to co...

Excerpt: ...Plaintiff is self-represented. California Rules of Court, Rule 2.251(c)(3)(B) 6 provides that self - represented parties “are to be served by non -electronic methods unless they affirmatively consent to electronic service.” Code of Civil Procedure section 1010.6 provi des for electronic service of documents in cases filed on or after 1/1/19, but section 1010.6 subdivision (d)(4) states local rules requiring electronic filing and service mus...

Excerpt: ...r in the la st seven years; (2) someone who “repeatedly relitigates or attempts to relitigate, in propria persona” matters that have been finally determined against him or her; (3) someone who "while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers . . . or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.” Code of Civil Procedure § 391(b). Code of ...