Excerpt: ...third cause of action for retaliation for complaints of discrimination or harassment on the grounds that these causes of action are untimely and fail to state a cause of action. Government Code section 12965, subdivision (c), provides that claims under Government Code title 2, division 3, part 2.8 (sections 12900-12999) must be brought “within one year from the date” of the right to sue letter. Gov. Code, § 12965, subd. (c)(1)(C). This limit...

Excerpt: ...the Default, the Defendants shall surrender the collateral” and page 7 lines 8-10 “For issuance of an Order transferring the entire ownership interests of Intellirose Holding Corp, a Delaware Corporation and Intellirose LLC, and Illinois Limited Liability Company from Houda Tahbaz to the Plaintiff, Robert Pugh.” The FAC alleges Defendants breached two agreements. (FAC, ¶ 1.) Loan Agreement Number One was in the amount of $350,000 and Loan ...

Excerpt: ...cuments and things as set forth in the Notice Of Taking The Deposition Of The Person Or Persons Most Knowledgeable At Mercantile Capital Holdings, LLC on Certain Topics With Request For Production Of Documents. Motion to Compel Deposition Defendant William Schlabach moves for an order compelling Scott Soura to appear, testify, and produce documents and things as set forth in the Notice Of Taking The Deposition Of Scott Soura With Request For Prod...

Excerpt: ... complaint or from a matter of which the court may take judicial notice.' [Citation.]” “A trial court's determination of a motion for judgment on the pleadings accepts as true the factual allegations that the plaintiff makes. [Citations.] In addition, it gives them a liberal construction.” (Gerawan Farming, Inc. v. Lyons (2000) 24 Cal.4th 468, 515-516 (Gerawan).)” “A demurrer tests the pleading alone, and not the evidence or the facts a...

Excerpt: ...If any party recovers other than monetary relief and in situations other than as specified, the ‘prevailing party' shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.” Code Civ. Proc. § 1032, subdivision (b) states: “Except as otherwise expre...

Excerpt: ...h 755, 765 “A trial court has broad discretion under rule 3.1300(d) of the California Rules of Court to refuse to consider papers served and filed beyond the deadline without a prior court order finding good cause for late submission”]. If the court, in its discretion, refuses to consider a late-filed paper, the minutes or order must so indicate. California Rules of Court, rule 3.1300(d). The Court considers the late filed Supplemental Declar...

Excerpt: ...d Amended Complaint (SAC) of plaintiff Muthana Al- Ghazi. “A demurrer tests the pleading 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 & ...

Excerpt: .... CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018, 1022-23. Thus, Defendants' motion is timely. In Levine v. Smith (2006) 145 Cal.App.4th 1131, the court stated: “Statements of damages are used only in personal injury and wrongful death.... In all other cases, when recovering damages in a default judgment, plaintiff is limited to the damages specified in the complaint. (Citation omitted.)” Id., at 1136-1137. A default ju...

Excerpt: ...22. (Crowell Decl., Exhibits 1 and 2.) Defendant served responses and objections with verifications on 4/23/22. (Crowell Decl., Exhibits 3 and 4.) Defendant contends the motion is untimely. Code of Civil Procedure section 2030.300(a) provides, “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to...

Excerpt: ...ermissible discovery. ¶ (b) Using a discovery method in a manner that does not comply with its specified procedures. ¶ (c) Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. ¶ (d) Failing to respond or to submit to an authorized method of discovery. ¶ (e) Making, without substantial justification, an unmeritorious objection to discovery. ¶ (f)...

Excerpt: ...ent as a matter of law.' [Citation.]” Bezirdjian v. O'Reilly (2010) 183 Cal.App.4th 316, 321, fn. omitted. Defendant moves for judgment on the pleadings on the grounds Plaintiff's the action is barred by the statute of limitations under Government Code Section 12654. The Complaint alleges three causes of action for violation of California False Claims Act. Specifically, the Complaint alleges violations of Government Code Section 12651, subdivis...

Excerpt: ...d. . . . 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.4 th 445, 459. Code of Civil Procedure section 452, states, “In the construction of a pleading, for the pu...

Excerpt: ... 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 Association (2007) 151 Cal.App.4th 575, 582-83. A court may abuse its discretion in denying requests for discovery, ...

Excerpt: ...ire any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying. [¶] (b) The attendance and testimony of any other deponent, as well as the production by the deponent of any document, electronically stored information, or tangible thing for inspection and copyi...

Excerpt: ...n fact 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 actio...

Excerpt: ...), before commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity subject to any orders that may be appropriate under Section 3426.5 of the Civil Code.” Uniform Trade Secrets Act defines “[t]rade secret” to mean “information, including a formula, pattern, compilation, program, device, method, technique, or process, that: [¶] (1) Derives indep...

Excerpt: .... City of San Ramon (2004) 120 Cal.App.4th 1141, 1145. However, the opposition demonstrates Plaintiff has retained new counsel as of 11/14/22, so the motion is denied as to this issue. As for Defendant's second argument, Code of Civil Procedure section 583.410(a) states, “(a) The court may in its discretion dismiss an action for delay in prosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to ...

Excerpt: ...plied;” (2) of a “fixed or readily ascertainable amount not less than $500;” (3) that is either unsecured or secured by personal property; and (4) that is a “commercial claim.” Code of Civil Procedure § 483.010. Code Civ. Proc. § 484.090(a) provides: “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...

Excerpt: ...otice (“RJN”): Vivera's RJN of Exhibits B through D is GRANTED. Dalrada Defendants' RJN of Exhibits A and B is GRANTED. Merits: Code of Civil Procedure Section 1209, subdivision (a) provides in pertinent part: “The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court: (5) Disobedience of any lawful judgment, order, or process of the court.” “A contempt proceedi...

Excerpt: ...ed a memorandum of costs on 6/8/22 with costs totaling $39,321.13. The memorandum was served by email on 6/9/22. Defendants timely filed and served their motion to tax costs on 6/28/22. California Rules of Court, Rule 3.1700(b)(1), Code Civ. Proc. § 1010.6(a)(4). In the motion, Defendant concedes that Plaintiff is entitled to recover costs of $5,340.93 and moves to strike the remaining costs of $33,980.20. (Reply, pp. 6-7.) Under Code of Civil P...

Excerpt: ...covery 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 matter either is itself a...

Excerpt: ...-222, 227-228, 233-234, 239-242, 247-250, 255-259, 264-268, 273-277, 282-286, 291- 295, 300-304, 309-313, 318-321, and 326-329 from Defendant American Honda Motor Co., Inc. (Defendant) and sanctions of $5,485.25 against Defendant and its counsel, jointly and severally is GRANTED in part as to requests 13, 32, 34, 38-39, 41-42, 46-47, 49-50, 56, 58-68, 73-75, 80-82, 87-89, 94-96, 101-103, 108-110, 115- 117, 122- 124, 129-131, 136-139, 144-148, 153...

Excerpt: ...plains, “The procedures and grounds for obtaining orders permitting prejudgment writs of attachment are governed by Code of Civil Procedure section 481.010 et seq. Generally, an order of attachment may be issued only in an action for a claim of money that is based upon an express or implied contract where the total amount of such claim is a fixed or ‘readily ascertainable' amount not less than $500. (§ 483.010, subd. (a).) [¶] Before an att...

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: ... SPROGs 1, 13, and 21. Code of Civil Procedure section 2017.010 provides, “Unless otherwise limited by order of the court in accordance with this title, 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...

Excerpt: ...tion in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” Code Civ. Proc., § 425.16, subd. (b)(1). “Section 425.16 posits ... a two-step process for determining whether an action is a [strategic lawsuit against public participation]. First, the court decides whether the defenda...

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: ...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: ... 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: ...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: ...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: ...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: ...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: ...t and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.” (Emphasis supplied.) Defendant's evidentiary objections Nos. 1, 2, 6, 7, 8, 15, 18, 23, 24, 25, 27, 28, 29, 30, 31, are OVERRULED and Nos. 3, 4, 5, 9, 10, 11, 12, 13, 14, 16, 17, 19, 20, 21, 22, 26, 30, 32 are SUSTAINED. Code of Civil Procedure section 437c, subdivision (p)(2) provides, “A defendant . . . has met his or her burden of showi...

Excerpt: ... 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.4 th 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 justi...

Excerpt: ...tside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Code Civ. Proc., § 664.6. The court must determine whether the settlement agreement is valid ...

Excerpt: ... Defendant's Objection to Exhibits 1 and 2 attached to the Reply is GRANTED. Defendant moves pursuant to Code of Civil Procedure Section 2025.480. Code of Civil Procedure Section 2025.480 states in pertinent part: “(a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the par...

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...

Excerpt: ...n, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike 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.” The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” Code Civ. Pro...

Excerpt: ...cause of action if that party has shown that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. [Citation.] If the defendant does so, the burden shifts back to the plaintiff to show that a triable issue of fact exists as to that cause of action or defense… A triable issue of material fact exists ‘if, and only if, the evidence would allow a reasonable trier of fact to ...

Excerpt: ...o declaration of plaintiff Amanda Barnard Stoddard are OVERRULED in their entirety. KA's Objections to Declaration of Tionna Dolin are SUSTAINED in their entirety. Plaintiff's Objections to Declaration of Mandyjay Lewis are OVERRULED in their entirety. Procedural defect: Plaintiff opposes the Motion on the grounds that KA's alternative Motion for Summary Adjudication is procedurally defective because the Notice of Motion fails to comply with Cali...

Excerpt: ...the invoices of Cross-Defendants' counsel, which are not the proper subject of judicial notice. Although the Court declines to take judicial notice of the billing invoices, the Court will consider the invoices as evidence supporting the motion, because Cross-Defendants' counsel has submitted a declaration laying foundation for the invoices. Therefore, Cross- Complainant's objection to Exhibit C is overruled. The Cross-Complaint was an “Action o...

Excerpt: ...tting causes of action; (3) there is a misjoinder of parties; (4) the Cross-Complaint fails to state facts sufficient to constitute a cause of action Code Civ. Proc. §430.10(e); and (4) because the Cross-Complaint is uncertain Code Civ. Proc. §430.10(f). Code Civ. Proc. § 430.10 provides: “The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on a...

Excerpt: ...r is an objection to a pleading, the grounds for which are apparent from either the face of the complaint or a matter of which the court may take judicial notice. Code of Civil Procedure § 430.30, subd. (a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318. Additionally, a defendant may demur on the grounds 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 rai...

Excerpt: ...ial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The court, on its own motion, may make such an order at any time.” “The major objective of bifu...

Excerpt: ...te which shows the California Franchise Tax Board has suspended defendant G Force. (Thaler Decl. in Support of Supplemental Opp., ¶ 3, Ex. 1.) Revenue and Taxation Code “Section 23301 provides, in relevant part, ‘the corporate powers, rights and privileges of a domestic taxpayer may be suspended' if it does not pay its taxes. The suspension of the corporate powers, rights, and privileges means a suspended corporation cannot sue or defend a l...

Excerpt: ...-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 privileged, that is relevant to the subject matter involved . . . if the matter ei...

Excerpt: ...all answer the substance of the requested admission, or set forth an objection to the particular request.” Code of Civil Procedure section 2033.220 states in part, “(a) Each answer in a response to requests for admission shall be as complete and straightforward as the information reasonably available to the responding party permits. (b) Each answer shall: (1) Admit so much of the matter involved in the request as is true, either as expressed ...

Excerpt: ...n its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” “It is elementary that ‘[a] court can always correct a clerical, as distinguished from a judicial error which appears on the face of a decree by a nunc pro tunc order. [Citation.]'” Bell v. Farmers Ins. Exchange (2006) 135 Cal.App.4th 1138, 1144....

Excerpt: ...nditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” Code 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...

Excerpt: ...il action. [Citation.]' [Citation.] An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nevertheless be recoverable in the discretion of the court if ‘reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.' [Citation.] [¶] If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs ...

Excerpt: ...v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145 (“CLD”). An unrepresented corporation's pleadings are subject to a motion to strike. Id., at 1145-1146. A court may permit an attorney representing a corporation to withdraw, leaving the corporation unrepresented, but should warn the corporation of the consequences of remaining unrepresented and give it an opportunity to cure. Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1283-1284 fn. 5...

Excerpt: ...ourt may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied b...

Excerpt: ..., jointly and severally, against Plaintiff and Counsel. The portion of the Motion which seeks an order compelling production is DENIED, however, as Defendant failed to demonstrate “good cause” for the same. C.C.P. §2025.410(b)(1). Pursuant to Code of Civil Procedure §2025.450(a), “[i]f, after service of a deposition notice, a party to the action…without having served a valid objection under Section 2025.410, fails to appear for examinat...

Excerpt: ...t such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.” (Emphasis supplied.) Code Civ. Proc. § 428.50 pro...

Excerpt: ... Blank v. Kirwan (1985) 39 Cal.3d 311, 318. Additionally, a defendant 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 conc...

Excerpt: ...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.4 th 445, 459. Unruh-Haxton v. Regents of Univ. of California (2008) 162...

Excerpt: ...4th/15th, and 17th-20th causes of action. Therefore, the Court will do the same. Third and Fourth COAs – Quantum Meruit “A quantum meruit or quasi-contractual recovery rests upon the equitable theory that a contract to pay for services rendered is implied by law for reasons of justice.” Hedging Concepts, Inc. v. First Alliance Mortgage Co. (1996) 41 Cal.App.4th 1410, 1419 “The requisite elements of quantum meruit are (1) the plaintiff act...

Excerpt: ...: “Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.” The Court SUSTAINS Defendants' Objections Nos. 5, 27, and 28. The Court OVERRULES Defendants' Objection No. 4. The Court ...

Excerpt: ...0, which included the following affirmative defenses: Failure to State a Cause of Action (First Affirmative Defense); Non-Existent or Limited Contractual Obligations (Seventh Affirmative Defense); and No Duty Owed (Fifteenth Affirmative Defense). The Court grants Wave's request for judicial notice. The existence and legal significance of these documents are proper matters for judicial notice. Evidence Code § 452, subd. (d), (h). Compliance with ...

Excerpt: ... WCP IIA, WCP IIB, collectively, “WCP Entities”) for an Award of Attorneys' Fees in the amount of $4,430,905.50 and Non-statutory Costs in the amount of $32,518.47, for a total of $4,463,423.97, against plaintiff Stars and Bars, LLC (“S&B”) is CONTINUED to November 7, 2022, at 1:45 PM in C15.. Entitlement to attorneys' fees and non-statutory costs: Code of Civil Procedure section 1033.5, subdivision (a)(10) authorizes the recovery of atto...

Excerpt: ...connected with a judicial proceeding before it, in every matter pertaining thereto.' [Citations.]” People ex rel. Dept. of Corporations v. SpeeDee Oil Change System, Inc. (1999) 20 Cal.4th 1135, 1145. “A court may disqualify an attorney upon ‘“a showing that disqualification is required under professional standards governing avoidance of conflicts of interest or potential adverse use of confidential information.”' [Citation]” Havasu L...

Excerpt: .... Thus, Defendants' motion is timely. In Levine v. Smith (2006) 145 Cal.App.4th 1131, the court stated: “Statements of damages are used only in personal injury and wrongful death.... In all other cases, when recovering damages in a default judgment, plaintiff is limited to the damages specified in the complaint. (Citation omitted.)” Id., at 1136-1137. A default judgment in excess of the amount specifically demanded in the complaint is void as...

Excerpt: ...ing waste to the real property assets purchased with Georgia's money (the “Properties”); and from taking, spending, using, converting, or committing waste to any rents or revenue derived from the Properties is GRANTED. 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 affida...

Excerpt: ...nically 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 be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall...

Excerpt: ... court has discretion to refuse to consider late-filed papers without a showing of good cause. Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 623, disapproved on other grounds in Colmenares v. Braemar Country Club, Inc. (2003) 29 Cal. 4th 1019, 1031; see also Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 765 [“A trial court has broad discretion under rule 3.1300(d) of the California Rules of Court to refuse to consider papers served ...

Excerpt: ...and how to allocate attorney fees. [Citation.] They may agree the prevailing party will be awarded all the attorney fees incurred in any litigation between them, limit the recovery of fees only to claims arising from certain transactions or events, or award them only on certain types of claims… [¶] To ensure mutuality of remedy, however, section 1717 makes an attorney fee provision reciprocal even if it would otherwise be unilateral either by ...

Excerpt: ...ncement and prosecution of such action.” Civil Code, § 1794, subd. (d). “A trial court assessing attorney fees begins with a touchstone or lodestar figure, based on the ‘careful compilation of the time spent and reasonable hourly compensation of each attorney ... involved in the presentation of the case.” Christian Research Inst. v. Alnor (2008) 165 Cal.App.4th 1315, 1321. The Court “need not simply award the sum requested. To the cont...

Excerpt: ...ode 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.App.4th 518, 525. “In the construction of a pleading, for the p...

Excerpt: ...acts 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, “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...

Excerpt: ...ynch, 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.4th 1228, 1238, provides, “This rule of liberal construction means that the r...

Excerpt: ...an equitable action by means of which a plaintiff may recover money or property obtained from the plaintiff or persons represented by the plaintiff through unfair or unlawful business practices. It is not an all-purpose substitute for a tort or contract action.” Cortez v. Purolator Air Filtration Products Co. (2000) 23 Cal.4th 163, 173; see also Nationwide Biweekly Administration, Inc. v. Superior Court (2020) 9 Cal.5th 279, 301-305 [UCL is an ...

Excerpt: ...e not material to the disposition of the Motion. APPOINTMENT OF A RECEIVER: Vivera moves for appointment of a receiver pursuant to Code of Civil Procedure sections 564(b)(1) and 564(b)(9). Code of Civil Procedure section 564, subdivision (b) states in pertinent part: “A receiver may be appointed by the court in which an action or proceeding is pending, or by a judge of that court, in the following cases: [¶] (1) In an action by a vendor to vac...

Excerpt: ...out notice to the opposing party.” Code of Civil Procedure section 526(a) provides, “(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits ...

Excerpt: ... 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 Civ. Proc. § 436.) An “irrelevant matter,” or “immaterial allegation,” means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither...

Excerpt: ...us, the Court should treat this motion as a general demurrer. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer....

Excerpt: ...ding in essence that decedent simply liked him better. Before the Court this day is a defense motion for what appears to be an actual substantive ruling on the ultimate question in this case, to wit: decedent's mental competency on 11/01/21 when he executed estate documents. Although defendant suggests that the statutory predicate for this motion is Evidence Code §403(b), it appears from the myriad of miscellaneous code sections cited throughout...

Excerpt: ...nied. The Court can review applicable legal precedent without taking judicial notice thereof. Wagner Construction Co. v. Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 25–26, holds, “Sections 1281 and 1281.2, which govern petitions to compel arbitration, reflect a ‘strong public policy in favor of arbitration as a speedy and relatively inexpensive means of dispute resolution.' [Citations] When the parties to an arbitrable controversy have a...

Excerpt: ...moving for summary judgment meets his burden of showing that there is no merit to a cause of action if that party has shown that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. [Citation.] If the defendant does so, the burden shifts back to the plaintiff to show that a triable issue of fact exists as to that cause of action or defense… A triable issue of material fac...

Excerpt: ...e No. 2: Defendants and The Lunada Bay Corporation (“LBC” or the “Company”) did not owe Plaintiff a duty to retire shares. Section 437c, subdivision (f)(1) provides as follows: “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that ther...

Excerpt: ...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, “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, ...

Excerpt: ... person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an ...

Excerpt: ...ected waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280...

Excerpt: ...et for trial as certain. (b) Motion or application A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continu...