Excerpt: ... to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum.” (Code Civ. Proc., § 1985.3, subd. (g).) “Personal records” include “any copy of books, documents, other writings, or electronically stored information pertaining to a consumer and which are maintained by any ‘witness' which is a physician, …, hospita...

Excerpt: ...ntic Richfield Co. (2001) 25 Cal.4th 826, 850; Code Civ. Proc. § 437c, subd. (p)(1).) “Once the plaintiff ... has met that burden, the burden shifts to the defendant ... to show that a triable issue of one or more material facts exists as to that cause of action or a defen se thereto. The defendant ... may not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall se...

Excerpt: ...without le ave to amend. Analysis A. Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.  When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720 -21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or v ia ...

Excerpt: ...n which t he attachment is based is one upon which an attachment may be issued; (2) the plaintiff has established the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Code Civ. Proc., § 484.090(a)(1) -(4).) If an action is against a defe...

Excerpt: ...gations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “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 d efense to the action or proceeding.” (Code Civ. Proc., § 437c, subd. (a)(1).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no...

Excerpt: ...ntic Richfi eld Co. (2001) 25 Cal.4th 826, 843.) “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 Civ. Proc., § 437c, subd. (a)(1).) “Th e motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to ...

Excerpt: ...Act”] aff ords certain protections to elders and dependent adults.” (Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 152 (Winn).) “‘The purpose of the [Act was] essentially to protect a particularly vulnerable portion of the population from gross mistre atment in the form of abuse and custodial neglect.' [Citation.]” (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 787 (Covenant Care).). The acts proscribed by th...

Excerpt: ... trial court concluded that Plaintiffs were entitled to recover attorney fees, but awarded only $198,445. Plaintiffs appealed, and the court of appeal reversed the order on Plaintiffs' motion for attorney fees for three reasons. The court of appeal held: “First, the court erred by concluding that not all Plaintiffs were entitled to recover fees. Second, the court set an hourly rate for Plaintiffs' lead counsel that was far lower than the market...

Excerpt: ...for b rea c h of implied- in-fact con tract and breach of implied -in -law contract. The Motion to Strike is DENIED as moot. As to the 1st cause of action for breach of oral contract, this claim is not sufficiently pled. “An oral contract may be pleaded generally as to its effect, because it i s rarely possible to allege the exact words.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Nevertheless, “[t]he elements of...

Excerpt: ...rior Court Probate Case No. 2023 -01346391. The court grants the request to take judicial notice of the documents but not as to the truth of the matters stated therein. (Evid. Code § 452 (d) and (h); Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App. 4th 651, 658.) Plaintiff seeks further responses to the first set of form interrogatories 15.1, 17.1, 50.1, 50.2, 50.3, 50.4, 50.5, and 50.6. If a timely motion to compel has been fi...

Excerpt: ..., are seale d. Statement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a cour t order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) “A p...

Excerpt: ... a record, the movin g party must file a motion for such relief, along with a memorandum and a declaration containing facts sufficient to justify the sealing. (CRC 2.551(b)(1).) The motion must be served on all parties, and unless the court orders otherwise, a complete copy of the document must be served on all other parties that already possess copies, along with the redacted version. (CRC 2.551(b)(2).) To grant a motion to seal, the court must...

Excerpt: ...atter of cost s ….” (Bankes v. Lucas (1992) 9 Cal.App.4th 365, 369; Carpenter v. Jack in the Box Corp. (2007) 151 Cal.App.4th 454, 461, 59 Cal.Rptr.3d 839 [appeal did not divest trial court of jurisdiction to consider fees and costs].) CCP Section 998 Offers and Their Effect on Costs “ ‘ “[C]osts” of a civil action consist of the expenses of litigation .... The right to recover any such costs is determined entirely by statute.' ” (O...

Excerpt: ...ne [ROA # 1024 ], and Exhibits B, C, I, J, K, L, M, and N to the Wayne Declaration [ROA # 1025 -1032], are sealed. Statement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based sol...

Excerpt: ...cords are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum.” (Code Civ. Pro c., § 1985.3, subd. (g).) “Personal records” include “any copy of books, documents, other writings, or electronically stored information pertaining to a consumer and which are ma...

Excerpt: ...Defendant Co ldwell Banker Realty's demurrer is OVERRULED as to the fourth cause of action. The demurrer of Defendants Marlene Goren, Shari Ten Eyck, and Ten Eyck Real Estate to the eight cause of action is OVERRULED. The motions to strike the punitive damages allegations are DENIED. Facts/Overview On November 13, 2023, Plaintiff Charles Castro filed the operative Second Amended Complaint against Defendants: • Cies Family Trust, the owner of a...

Excerpt: ... the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, ...

Excerpt: ...ers, directors, managing agents, employees, or agents o f entity deponents who are most qualified to testify on its behalf].) If the party being deposed objects to the deposition notice, it must object to same at least three calendar days prior to the date for which the deposition is scheduled. (Code Civ. Proc. , § 2025.410, subds. (a) & (b).) “If, after service of a deposition notice, a party to the action or an officer, director, managing a...

Excerpt: ...een filed may object, by demurrer or answer as provided in S ection 430.30 , to the plead ing on any on e or more of the followin g grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous a nd unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be...

Excerpt: ...nly objections. (Jenkins Decl. ¶ 4, Ex. B.) Defendant initiated the meet and confer process on 11/01/2023 and demanded further responses and responsive documents no later than Monday 11/13/2023. (Jenkins Decl. ¶ 5, Ex. C.) On Thursday 11/09/2023, Plaintiff asked for a 30- day extension to respond. (Jenkins Decl. ¶ 6, Ex. D.) Defendant compromised by offering a three -day extension to Thursday 11/16/2023. (Jenkins Decl. ¶ 7, Ex. E.) Plaintiff ...

Excerpt: ...ting sanctions against anyone engaging in conduct that is a misuse of the discovery process. (Code Civ. Proc., § 2023.030, subds. (a) -I.) Misuse of the discovery process includes, but is not limited to, using a discovery method in a manner that does not comply with its specified procedures, employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden, failing to submi...

Excerpt: ...tions in the pleading o r the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404 -05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demu rrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from ...

Excerpt: ...nswer. (ROA Nos. 3233; see ROA No. 23.) Code of C ivil Procedure section 472 provides: “Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, ….” In Barton v. Khan (2007) 157 Cal.App.4th 1216, a shareholder who was a former emplo...

Excerpt: ...e neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein1, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, d ismissal, order, or proceeding was taken.” (Code Civ. Proc., § 473, subd. (b).) The court has wide discretion to grant relief under the statute authorizing relief fro...

Excerpt: ...ler Agreement and Personal Guarantors breached the personal guaranty. F or the following reasons, UACC's motion is DENIED in its entirety. Relevant Facts Plaintiff purchases automotive retail installment contracts from car dealerships. (Compl. ¶ 9; Reza Decl. ¶ 2.) On or about January 20, 2022, UACC and Galaxy Auto Sales en tered into a written agreement entitled the “United Auto Credit Corporation Independent Dealer Agreement” (the “Deal...