Excerpt: ...petition is GRANTED in part and DENIED in part. The Arbitration Agreement The Arbitration Agreement at issue provides in pertinent part: It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered or not rendered, will be determined by submission to arbitration as prov-ded by the Fede...

Excerpt: ...s particular issue, as information obtained from sealed and confidential discovery materials, and which are later incorporated into Plaintiff's Answer to the Second Amended Cross-complaint, are not submitted "as a basis for adjudication," and thus do not become accessible to the public, simply by virtue of it becoming a part of the court file. (Mercury, supra, 158 Cal.App.4th at pp. 90, 103.) The Mercury court also held that the rules 2.550 and 2...

Excerpt: ...fied further responses, and produce responsive documents, within 30 days. The Court DENIES Plaintiff's requests for judicial notice, and it deems Defendant's objections to the requests for judicial notice as being MOOT. Form Interrogatory nos. 16.2-16.5 In his August 10, 2023 amended response to Form Interrogatory nos. 16.2 through 16.5, Defendant responded as follows: This interrogatory calls for information which seeks defendant's opinion or co...

Excerpt: ...issue of material fact ... (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) "A prima facie showing is one that is sufficient to support the position of the party in question." (ld. at p. 851.) A plaintiff moving for summary judgment satisfies his or her initial burden by showing that each element of the cause of acton in question has been "proved," and hence that there is no defense thereto. (ld., at p. 850.) A party cannot establi...

Excerpt: ...., at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc. ("CCP"), S 437c(p)(2).) The scope of this burden is determined by the allegations of the plaintiff's complaint. (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381—82 [pleadings serve...

Excerpt: ...or provision is 'to conserve judicial resources otherwise spent adjudicating a sanctions motion by affording a prescribed period of time during which a party may correct or withdraw a frivolous or improper pleading or moton without any penalty. [Citation.] If the merits of the objectionable document are resolved by the court prior to the expiration of the safe harbor period, there is nothing left to correct or withdraw, thereby undermining the re...

Excerpt: ...usiness Relationships and Prospective Business Relationships The elements of intentional interference with prospective economic advantage are "(1) the existence, between the plaintiff and some third party, of an economic relationship that contains the probability of future economic benefit to the plaintiff; (2) the defendant's knowledge of the relationship; (3) intentionally wrongful acts designed to disrupt the relationship; (4) actual disruptio...

Excerpt: ...ixth cause of action for unjust enrichment is OVERRULED as to Defendant Tabatabai and SUSTAINED as to the other Defendants. The demurrer to the seventh cause of achon is SUSTAINED to the extent it seeks declaratory relief, and OVERRULED to the extent seeks an accounting. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only t...

Excerpt: ...RANTS Defendant's requests for judicial notice. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App...

Excerpt: ...perty to the plaintiff. [Citation.]" (Simms v. NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 241.) "The claim and delivery law provides a complete prejudgment remedy to recover possession of personal property. It has been carefully crafted to meet constitutional requirements. In addition, it provdes for injunctive relief in the form of a turn-over order under Code of Civil Procedure section 512.070. [Citation.)" (ld. at pp. 242-243.) (a) upo...

Excerpt: ...Khoury Decl., Ex. D.) A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (See Blankv. 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. (See Del E. Webb Corporation v. St...

Excerpt: ... recover his or her attorneys' fees and costs." (Code Civ. Proc. S 425.15(c).) under this provision, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees. (Ketchum v. Moses 24 Cal.4th 1122, 1131.) This does not mean, however, that the prevailing party is entitled to receive whatever it seeks. (Christian Research Institute v. Alno 165 Cal.App.4th 1315, 1321.) The attorneys' fees awarded must be reason...

Excerpt: ...ery request, or lacks suffcient information or knowledge to provide a complete and straightforward response, it must so state. (Code Civ. Proc. S 2031.210-2031.240 (regarding requests for production.)) Upon receipt of the discovery responses, the propounding party may move for an order compelling further responses if it deems the responses to be evasive, inadequate or incomplete, or the objections to be without merit or too general. (Code Civ. Pr...

Excerpt: ...to refuse permission to amend...." (Morgan v. Sup. Ct. (1959) 172 Cal.App.2d 527, 530.) Prejudice includes "delay in trial, loss of critical evidence, or added costs of preparation." (Solitv. Tokai Bank, Ltd. New York Branch (1999) 68 Cal.App.4th 1435, 1448.) "The power to #rmit amendments is interpreted very liberally as long as the plaintiff does not attempt to state facts which give rise to a wholly distinct and different legal obligation agai...

Excerpt: ...are due 30 days after service (plus appropriate time for method of service). (Code Civ. Proc. SS 2030.260; 2031.260; 2033.250.) A motion to compel further response to discovery "shall" (1) be made within 45 days of the service of the response or on or before any specific later date to which the parties have agreed in writing, (2) demonstrate a reasonable, good faith meet and confer attempt at informal resolution of each issue presented, and (3) b...

Excerpt: ...rocery Company ("Ralphs") and John Schroeder (manager) for general negligence and premises liability. Plaintiff alleges that she sustained injury for a slip and fall that allegedly occurred on October 8, 2020, at the Ralphs on 1435 W. Chapman Avenue, Orange, California. On August 22, 2023, Defendant Ralphs filed motions to compel Plaintiff to serve initial responses to requests for production, set one, special interrogatories, set one, and form i...

Excerpt: ... subd. (b); Rojas v. HSBC Card Services Inc. (2023) 93 Cal.App.5th 8ü 892.) The memorandum of costs must be filed and served "within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 654.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is firstl ." (Cal. Rules of Court, rule 3.1700(...

Excerpt: ...ve attorneys of record; (8) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and (C) Be filed in each case sought to be consolidated. (2) The motion to consolidate: (A)ls deemed a single moton for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case; (B) Must be served on all attorn...

Excerpt: ...f's on November 12, 20221, in Garden Grove, California, causing Plaintiff to suffer personal injuries. On July 18, 2023, the court entered an order relieving Kelsey Gitlin as counsel for Plaintiff. As such, Plaintiff is self-represented. On May 24, 2023, Defendants filed motions to compel Plaintiff to serve responses to: (1) Special Interrogatories, Set One, (2) Form Interrogatories, Set One, and (3) Requests for Production, Set One. Defendants a...

Excerpt: ...dit application and personal guaranty, or they authorized their signatures to the credit application and personal guaranty. In the alternative, Plaintiff alleges defendants are estopped from denying the enforceability of the credit application and personal guaranty. (Complaint, '1 11.) Plaintiff alleges the defendants are each other's agents, and the actions alleged in the Complaint were within the course and scope of such agency. (Complaint, '1 ...

Excerpt: ...oo, is disobeying a court order to provide discovery. (ld., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. 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...

Excerpt: .... (County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1225-1227.) A judge may issue a preliminary injunction against a defendant only if the court has personal jurisdiction over that defendant. (Rothschild v. Erda (1968) 258 Cal.App.2d 750, 753.) Here, Plaintiff provided no proof of service of summons or complaint on Defendant. Absent service of summons, the court lacks personal jurisdiction over Defendant, and no valid order can be issue...

Excerpt: ... taken of any matter unless authorized or required by aw.' [Citation.] Matters that are subject to judicial notice are listed in Evidence Code sections 451 and 452. A matter ordinarily is subject to judicial notice only if the matter is reasonably beyond dispute. [Citation.] Although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial...

Excerpt: ...Chevron Corp. (2021) 66 Cal.App.5th 288.) Code of Civil Procedure section 998, subdivision (b), provides, "Not less than 10 days prior to commencement of trial or arbitration ..., any party may serve an offer in writing upon any other party to the acton to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time. The written offer shall include a statement of the offer, containing the te...

Excerpt: ...rt DENIES the Moton as to Item Nos. 1-2, 5-9, 12, 15, 18, 20-27, 32-35, 37, 41, 55-57, 59, 64-65, 70, 74-79, 83-86, 89- SO, 93-102, 104-107, 109, and 112-116 of the District Attorney's Privilege Log. Statement of Law The scope of discovery is broad, and doubts concerning the permissibility of discovery are generally resolved in favor of allowing discovery. (Code Civ. Proc., S 2017.010; Advanced Modular Sputtering, Inc. v. Superior Court (2005) 13...