Excerpt: ...l based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) “A party requesting that a record be Þled under seal must Þle a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts su
¯icient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1); see Cal. Rules of Court, rule 2.551(b)(2) [m...

Excerpt: ... 418.10(a) provides that a defendant, “on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and Þle a notice of motion… [t]o quash service of the summons on the ground of lack of jurisdiction of the court over him or her. Minimum Contacts A nonresident defendant may not be called upon to defend in a foreign forum unless he or she has minimal contacts with that sta...

Excerpt: ...ogatories and Requests for Production of Documents within 30 days of receiving notice of this ruling. Plainti
¯'s R e q u e s t s f o r Admission to both DAG & Associates, Inc. and FloorIt Financial, Inc. are deemed admitted. Defendants are ordered to pay Plainti
¯ total sanctions of $3,553.20 ($592.20 per motion), or $1,776.60 per Defendant. A party can Þle a motion to compel initial responses to its interrogatories, and its requests for prod...

Excerpt: ...action against Defendants Gunlei Corporation, Egreen Transport Corporation, Hong Chen, Jing (Amy) Song, Yu Wang (Monica), Wen Chen, Elaine Huang, and Lucy Luo. On 11/04/21, Plainti
¯ Þled a First Amended Complaint (“FAC”), substituting Plainti
¯s William Young and Jennifer Young for Plainti
¯ JBY Enterprises. The FAC alleges causes of action for: 1. Interference with prospective advantage; 2. Breach of contract; 3. Material misrepresentat...

Excerpt: ... regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action orto the determination of any motion made in that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action." (Code Civ. Proc., S 2017.010; Los Angele...

Excerpt: ...s incorrect. (Code Civ. Proc. S 1005(b) and (c) (requiring opposition papers to be served 9 court days before a hearing and to be served by means to ensure delivery within one business day).) Request for Judicial Notice Plaintiff asks the Court to take judicial notice of three minute orders from Los Angeles County Superior Court and a certified copy of a reporter's transcript of a motion hearing in San Diego County. The court grants the request f...

Excerpt: ...t prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fa...

Excerpt: ...state facts suffcient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, 'uncertain' includes ambiguous and unintelligible." (Code Civ. Proc., S 430.10, subds. (e) & (f); see Code Civ. Proc., S 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated thereinl.) "A person against whom a complaint or cross-complaint has been filed may, within 30 days after service ...

Excerpt: ...A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to 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 SS 451 or 452. Although California courts take a liberal view of inartfu...

Excerpt: ...eading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 1405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1555.) A demurrer 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 the matters alleged or ...

Excerpt: ...69 Cal.App.4th 1261, 1271, emphasis added.) A party wishing to repossess personal property by judicial action "can bring an action in replevin or proceed under the statutory successor to [common lawl replevin, an action of claim and delivery." (Simms v. NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 241.) As summarized by Simms: California has a detailed claim and delivery law. (Code Civ. Proc., S 511.010 et seq.) A party with a claim that he...

Excerpt: ...struction zone, no warning signs were placed anv,'here on, near, or around the steel plates, such that the dangerous condition was not obvious to customers. Moreover, customers had to cross over the steel plates to enter and exit the store, and there were no reasonable alternative means to access the store. (Complaint, 1, 11.) As a result, Plaintiff suffered physical, mental, and emotional injuries. (Complaint, "1 2, 12.) Plaintiff filed her Comp...

Excerpt: ... provide discovery. (ld., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4 th 1495, 1516.) Imposition of sanctions for the misuse of discovery lies within the trial court's discretion. (Doppesv. Bentley Motors, Inc. (2009) 174 Cal. App. 4th 967, 991.) Once a party is ordered by the court to provide responses to discovery, continued failure to respond may result in the imposition of more severe sanctions. (See Code Civ. Proc. SS 2030.290(c)...

Excerpt: ...l-established that where a pleading is belatedly filed, but at a time when a default has not yet been taken, the plaintiff has effectively granted the defendant additional time within which to plead and he is not strictly in default. (Reher v. Reed (1913) 166 Cal. 525, 528; Bank of Haywards v. Kenyon (1917) 32 Cal.App. 635, 636—537.) "(l)t is generally recognized that an untimely pleading is not a nullity, and it will serve to preclude the taki...

Excerpt: ...were submitted in connection with a discovery motion, namely, Plaintiff's motion to compel further responses to fts 8th and 11th sets of requests for production of documents. [ROA # 802] They were not submitted "as a basis for adjudication," which "embraces discovery materials submitted in support of and in opposition to substantive pretrial motions, regardless of the ground on which the trial court ultimately rules." (Overstock.com, Inc. v. Gold...

Excerpt: ...press or implied, of the parties...."].) Relevant here, If the district attorney or commissioner does not proceed with the action, and the person bringing the action conducts the action, the court may award to the defendant its reasonable attornevs fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the achon was clearly frivolous, clearly vexatious, or brought primarily for purposes...

Excerpt: ...were served by Plaintiffs on June 12, 2023. (See Motion at 3:4-5; J. Young Decl. '1 8, Exh. Three [06/12/23 Notices of Depositionl.) On November 20, 2023, Plaintiffs propounded a new Notice of Taking Deposition on Defendants Hong Chen, Monica Yu Wang, Jing (Amy) Song, Wen Chen, and Elaine Huang. (J. Young Decl. 29, Exh. Seven [11/20/23 Notices of Depositionl.) Jennifer Young declares that Plaintiffs took out all the items that Defendants' counsel...

Excerpt: ... only for the purpose of establishing that these documents were filed with the probate court, not for the truth of the matters asserted therein. The request is DENIED as to Exhibit 2 because Exhibit 2 appears to be an incomplete document. CCP S 356.2 and Cal. Prob. Code S 9000, et seq. Defendant argues that section 366.2 sets forth the statute of limitations on Plaintiff's claims. Plaintiff contends that Plaintiff's claims are timely, as Plaintif...

Excerpt: ...ed that the parties attended an informal discovery conference before the court and met and conferred. The stipulated order ordered Defendant to serve responses to multiple sets of discovery without objection, to produce six witnesses for deposition, and to produce documents. Plaintiffs contended that Defendant had not complied with any of these discovery obligations. Plaintiffs met and conferred with defense counsel. who admitted that he dropped ...

Excerpt: ...l prior complaints. (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130.) In other words, after an amended complaint is filed, the original pleading "ceases to have any effect either as a pleading or as a basis for judgment." (ld. at p. 1131.) Consequently, "the filing of an amended complaint moots a motion directed to a prior complaint." (Ibid.) For example, the filing of an amended complaint moots a motion for summ...

Excerpt: ... the factual allegatons in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1404- 05.) Defendant demurs to the FAC on the basis that it is uncertain. A demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty existing in the allegations actually made. (People v. Lim (1941) 18 Cal. 2d 87...

Excerpt: ...the request to strike is DENIED, and the request to seal is GRANTED. A. 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 solely on the agreement or stipulation of the parties."...

Excerpt: ...ruit. Plaintiff alleges that it entered into a residential listing agreement with Defendant for the sale of her residential property for an asking price of $8,388,000. The listing period in the original agreement was March 3, 2022, through June 2, 2022. Pursuant to Secton 3.A(3) of the listing agreement, Defendant promised to pay Plaintiff commission if, among other things, the property was "withdrawn from sale, conveyed, leased, rented, otherwis...

Excerpt: ...4th 772, 777; see Marzec v. Public Employees' Retirement System (2015) 236 Cal.App.4th 889, 900 '[blecause a moton for judgment on the pleadings is the functional equivalent of a general demurrer, the same rules apply' Alter Ego Moving Defendants contend the first through fourth causes of action are barred because Plaintiff cannot establish that Moving Defendants are the alter egos of Defendant S. David Kozich. Moving Defendants argue that the FA...

Excerpt: ... 430.41. (Code Civ. Proc. S 430.41.) Here, MP's counsel "attempted" to satisfy this requirement but was unsuccessful. (Shugart Dec.) It is not clear what this means. Nevertheless, the court will address the merits of the demurrer and motion to strike. General Principles on Demurrer A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) T...