Excerpt: ...ough 5 is GRANTED and as to Exhibit 1 DENIED. First Cause of Action for Dependent Adult Abuse/Neglect: Welfare & Institutions Code section 15610.07, subdivision (a) states: “‘Abuse of an elder or a dependent adult' means any of the following: [¶] (1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. [¶] (2) The deprivation by a care custodian of goods or ...

Excerpt: ... to become involved in discovery because a dispute leads a party to move for an order compelling [compliance with a discovery mechanism].” Clement v. Alegre, (2009) 177 Cal.App.4th 1277, 1291. Code of Civil Procedure section 2017.010 provides in relevant part that “[u]nless otherwise limited by order of the court … any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved … if the...

Excerpt: ...992 (Doppes), describes sanctions that may be imposed for misuse of the discovery process: “California discovery law authorizes a range of penalties for conduct amounting to “misuse of the discovery process.” (Code Civ. Proc., § 2023.030; Cedars–Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12, 74 Cal.Rptr.2d 248, 954 P.2d 511.) As relevant here, misuses of the discovery process include “[f]ailing to respond or to submit ...

Excerpt: ...no, Individually and Successor-In- Interest to The Estate Of Uriel Carrillo; Catalina Garcia Soto, Individually an Successor-In- Interest to The Estate of Uriel Carrillo is DENIED. “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” Code of Civil Procedure § 437c(a)(1).) “A defendant or cross-defendant has met his or her ...

Excerpt: ...act specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. . . Reasonable attorney's fees shall be fixed by the co...

Excerpt: ...ndant may demurrer on the grounds that the pleading is uncertain. Code Civ. Proc., § 430.30, subd. (f). The purpose of a demurrer is to challenge the sufficiency of a pleading “by raising questions of law.” Postley v. Harvey (1984) 153 Cal.App.3d 280, 286. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . .” Berkley v. Dowds (2007) 152 Cal...

Excerpt: ..., (1998) 61 Cal.App.4th 1431, 1434-35). “Conduct frustrates the goal of a self-executing discovery system when it requires the trial court to become involved in discovery because a dispute leads a party to move for an order compelling [compliance with a discovery mechanism].” Clement v. Alegre, (2009) 177 Cal.App.4th 1277, 1291. “Unless otherwise limited by order of the court . . . any party may obtain discovery regarding any matter, not pr...

Excerpt: ...ly and Successor-In-Interest to The Estate Of Uriel Carrillo; Catalina Garcia Soto, Individually an Successor-In-Interest to The Estate of Uriel Carrillo is DENIED. “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” Code of Civil Procedure § 437c(a)(1). “A defendant or cross-defendant has met his or her burden of showing...

Excerpt: ...r and a writ of attachment by filing an application for the order and writ with the court in which the action is brought..” Code of Civil Procedure section 484.090 states, “(a) At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds a...

Excerpt: ..., an alternative writ and peremptory writ, and writ of mandamus or prohibition regarding Respondent City of Santa Ana's (City) compliance with the MOU which is attached as Exhibit A to the Verified Petition. On 09/19/2022, the Court sustained the City's demurrer to the claim for writ of prohibition with 30 days leave to amend. The Association has not filed an amended petition and the City has not filed its responsive pleading to the petition seek...

Excerpt: ...necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. Pursuant to Code of Civil Procedure, section 437c, subdivision (a): A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or pr...

Excerpt: ...1474, fn. 5, citing Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6. “It is a central precept to the Civil Discovery Act of 1986 . . . that civil discovery be essentially self-executing” Townsend v. Superior Court, (1998) 61 Cal.App.4th 1431, 1434-35. “Conduct frustrates the goal of a self-executing discovery system when it requires the trial court to become involved in discovery because a dispute...

Excerpt: ..., (1998) 61 Cal.App.4th 1431, 1434-35). “Conduct frustrates the goal of a self-executing discovery system when it requires the trial court to become involved in discovery because a dispute leads a party to move for an order compelling [compliance with a discovery mechanism].” Clement v. Alegre, (2009) 177 Cal.App.4th 1277, 1291. “Unless otherwise limited by order of the court . . . any party may obtain discovery regarding any matter, not pr...

Excerpt: ...nreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” Code of Civil Procedure § 1987.1. The court, upon motion reasonably made by the party, may rule upon motions for quashing, modifying or compelling compliance regarding subpoenas. Lee v. Swansboro Country Property Owners Association (2007) 151 Cal.App.4th 575, 582-583. A court may abuse its discretion in denying requests for discovery, o...

Excerpt: ...evasive or incomplete. Code of Civil Procedure § 2030.300, subd. (a)(1)-(3).) The moving party must also include reasons why further answers should be ordered: legal or factual arguments why the answers given were incomplete or nonresponsive, or the objections invalid. California Rules of Court, rule 3.1345(c). The responding party has the burden to justify objections in response to a motion filed to compel further responses. Fairmont Ins. Co. v...

Excerpt: ...ment Plaintiff's Motion to Enforce Settlement Agreement Pursuant to C.C.P. § 664.6 and Enter Judgment against Defendants ARTISAN GLASS AND DESIGN, INC., RENEE HESTON and TOM GARLOCK Pursuant to the June 10, 2022 Settlement Agreement is DENIED. Pursuant to Code of Civil Procedure, section 664.6, “if parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settl...

Excerpt: ...e subject of the cause of action alleged in the complaint. ¶(ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Code Civ. Proc. § 439 states: “(a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings...

Excerpt: ...r judicial notice, filed under ROA 83, is granted as to Exhibit A (complaint filed in San Diego Superior Court) and Exhibit B (12/16/21 Order of San Diego Superior Court). Pala demurs to the third, fourth, fifth, sixth, ninth, and thirteenth causes of action in the FAC. 3rd COA – Constructive Fraud Pala contends the third cause of action fails to allege specific facts regarding fraudulent conduct and/or acts of Pala. Prakashpalan v. Engstrom, L...

Excerpt: ...priate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” Code of Civil Procedure §1987.1. The court, upon motion reasonably made by the party, may rule upon motions for quashing, modifying or compelling compliance with subpoenas. Lee v. Swansboro Country Property Owners Ass'n (2007) 151 Cal.App.4th 575, 582-583. The party asserting a privacy interest bears t...

Excerpt: ...f Civil Procedure section 1987.1 states, in part, “(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to b...

Excerpt: ...orizes sanctions “…sufficient to deter repetition of this conduct or comparable conduct by others similarly situated. Subject to the limitations in paragraphs (1) and (2), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney's fees and ...

Excerpt: ...22 City filed its Supplemental Brief in support of Motion (Supp Brief). On 9-6-22, CNLM filed its Supplemental Opposition to Motion (Supp Opp.). On 9-9-22, City Filed its Supplemental Reply in Support of Motion (Supp. Reply). Evidentiary Objections Objections to Declaration of Ed Pert Overruled: 1 Sustained in Part: 2 Objections to Declaration of Deborah Rogers Overruled: 1, 3, 4, 5, 6, 7 Sustained: 2 Merits Application of Public Resources Code s...

Excerpt: ...ds: “Whenever possible, labor disputes asserting unfair labor practices under the MMBA should be submitted first to PERB rather than a court. If an exception to the doctrine of exhaustion of administrative remedies is claimed, the trial court should afford due deference to PERB and issue injunctive relief only when it is clearly shown that PERB's remedy would be inadequate.” Government Code section 3509(b) reads in part, “A complaint allegi...

Excerpt: ...omplaint. [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, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provi...

Excerpt: ...roceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly….” Code Civ. Proc., § 474. A plaintiff must substitute in the name of the Doe defendant when the plaintiff learns the individual's name and the facts giving rise to liability. Optical Surplus v. Superior Court (1991) 228 Cal.App.3d 776, 783-784 [recognizing that a plaintiff's earlier knowledge of the facts giving rise to his or...