Excerpt: ...tion, which was filed and served one day late, because Defendant was able to file a reply brief and the untimely opposition did not prejudice Defendant or change the outcome. In the future, the parties shall ensure all briefs are timely filed and served per Code or the briefs may be disregarded. The Court also notes Defendant's motion is over 400 pages long, including exhibits, plus a 54-page separate statement. The accompanying motion is nearly ...

Excerpt: ...having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing ...

Excerpt: ...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.App.4th 518, 525. "In the construction of a pleadin...

Excerpt: ...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 admissible in evidence or appears reasonably calcula...

Excerpt: ... or private corporation, a partnership, an association, or a governmental agency.” Code of Civil Procedure § 2025.010. “The service of a deposition notice under Section 2025.240 is effective to require 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 cop...

Excerpt: ...ns 3-8, 11-23. The remaining objections are sustained. “The anti-SLAPP legislation in section 425.16 was crafted to provide an efficient means of dispatching a plaintiff's meritless claims at the inception of the lawsuit to promote ‘continued participation in matters of public significance.' (§ 425.16, subd. (a).) Accordingly, the filing of a section 425.16 motion to strike stays discovery until the motion is ruled on, although the court has...

Excerpt: ...N PART as set for the below. Whether Plaintiff's Claims Are All Time Barred? Plaintiff's SAC alleges causes of action for breach of oral contract, breach of the implied covenant of good faith and fair dealing, money had and received, common count, conversion, and breach of trust. Defendants demur to all six causes of action alleged in the SAC on the grounds they are time barred pursuant to Code of Civil Procedure section 338(c)(1) or 339. Specifi...

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: ...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: ...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: ...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: .... 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...