Excerpt: ...��in person or by telephone” with the party that filed the offending pleading. (Code Civ. Proc. §§ 430.41, 435.5; Palmer Dec.) 2. General Principles on a 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.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated...

Excerpt: ...r an order compelling a deponent's attendance and production of documents, if a party “fails to appear for examination” or fails “to produce for inspection any document…described in the deposition notice.” (CCP § 2025.450(a)). In addition, pursuant to CCP § 2025.450(b)(2), a motion brought under this provision shall “be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the dep...

Excerpt: ... due 30 days after service (plus appropriate time for method of service). (Code Civ. Proc. §§ 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...

Excerpt: ...d published federal district court cases are citable as persuasive authority (Aleman v. AirTouch Cellular (2012) 209 Cal.App.4th 556, 576, fn. 8; Goldman v. KPMG, LLP (2009) 173 Cal.App.4th 209, 219), and the court must take judicial notice of the decisional law of this state and of the United States (Evid. Code, § 451(a).). B. Whether The Arbitration Agreement is Sufficiently Authenticated Defendant attempts to authenticate the Retail Installme...

Excerpt: ... approximately in debt encumbered against the Subject Property in favor of PHH.” (¶42 of FAC). Thereafter, Plaintiffs allege this fact was false as, “[i]n addition to the PHH Lien, there were Tax liens and Judgment liens, and the existence of a note secured by a deed of trust in second position after PHH in the amount of $76,000.00, all recorded against the Subject Property, which were never disclosed to Plaintiffs…” (¶43 of FAC). In de...

Excerpt: ... is equivalent to personal service of summons on such party.” (Code Civ. Proc. § 410.50(a).) “If the defendant raises an issue for resolution or seeks relief available only if the court has jurisdiction over the defendant, then the appearance is a general one.” (Factor Health Mgmt. v. Sup.Ct. (Apex Therapeutic Care, Inc.) (2005) 132 Cal.App.4th 246, 250.) “An appearance is general if it is for any purpose other than to question the court...

Excerpt: ...done in person in the Philippines in local currency. Each and everyone will be responsible for the disposition and remittance of their funds to their own bank account. (Compl., Ex. 1 at ¶ 3.) The Complaint alleges that in or around 06/08/2019, Mr. Reynado sold the real property and deposited the sales proceeds, but failed to distribute the proceeds. Mr. Reynado submits a declaration confirming that he sold the property and deposited the entirety...

Excerpt: ...(the “Kresses”) modified the Association's slope easement without prior approval from the Association, modified the top of slop of the easement, installed a wall closer than 10 feet from the top of slope, and removing and/or damaging Association improvements within the slope easement. (Cross-Compl. ¶ 13.) Background In March 2020, the Association served a notice of inspection for the Kresses' side and rear yards, as well as the slope. In res...

Excerpt: ...Demurrer to the First Amended Cross- complaint (“FACC”). (ROA 265) The court overruled the First, Third and Fourth Causes of Action. The court sustained with leave to amend the Fifth, Seventh and Eighth Causes of Action. On 5/10/22, the Second Amended Cross-Complaint (SACC) was filed. (ROA 225). The causes of action were for (1) Rescission; (2) Breach of Contract; (3) Constructive Fraud; (4) Promissory Fraud; (5) Fraud (Intentional Misreprese...

Excerpt: ...ng in various locations, depending on the classification of the action and the classification of the parties. (Rycz v. Superior Court of San Francisco County (2022) 81 Cal.App.5th 824.) “Where there are multiple parties and causes of action, venue may be proper in more than one county.” (Id.) Code of Civil Procedure section 395(a), provides, in pertinent part: “Except as otherwise provided by law and subject to the power of the court to tra...

Excerpt: ...dentity and the specialty, if any, of the person(s) who will perform the examination. (Code Civ. Proc., § 2032.310(b).) Defendant filed an amended notice of motion complying with the statute. Code of Civil Procedure Section 2032.220(a) provides that any defendant may demand one physical examination of the plaintiff seeking damages for personal injuries. A party desiring to obtain discovery by a second physical examination or mental examination m...

Excerpt: ... Subpoena for Production of Business Records issued to Jeff Jafari c/o Grant Law. Unfortunately, the court cannot accommodate the unscheduled motions on its law and motion calendar. Accordingly, the court will construe Defendants/Cross-Complainants' motion as a motion to quash the Deposition Subpoena for Production of Business Records issued to JP Morgan Chase Bank, N.A. or, in the alternative, to enter a protective order or modify the subpoena. ...

Excerpt: ...peal's remittitur explicitly directed this court to: “Consider the supplemental reply declaration, rule on any substantive evidentiary objections to this new information, and then decide whether this unsigned agreement was authentic and enforceable against Khairi.” (Remittitur at p. 16.) Plaintiff contends that the plain terms of the appellate court's opinion direct this court to consider the new evidence on reply as well as substantive objec...

Excerpt: ... (Amundson Decl. ¶ 4.) After the setting of a trial date, any party may demand “a mutual and simultaneous exchange” of a list of expert witnesses the parties “expect” to call as expert witnesses at trial. (Code Civ. Proc. §§ 2034.210, subd. (a), 2034.260, subd. (b).) Within 20 days after the initial disclosure of expert witnesses, parties who engaged in the initial exchange may submit a supplemental expert witness list containing the n...

Excerpt: ...h a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 844, 107 Cal.Rptr.2d 841, 24 P.3d 493.) The trial court properly grants the motion if all the papers submitted establish there is no triable issue of material fact and the moving party is entitled to judgment as a matter of la...

Excerpt: ... PRJKT Concessions. (ROA 436.) The inadequate allegations alleged against PRJKT are equally inadequate as alleged against Defendant Whitney. First Cause of Action for Breach of Contract One of the key elements of breach of contract is that Plaintiff and Defendant entered into a contract. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) The TAC alleged that Freeze Management and only PRJKT entered into an oral contract. (Paragraph 25.) Plai...

Excerpt: ...(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, and what remedies are being sought. (Lee...

Excerpt: ...ULED as to the Fourth Cause of Action for Fraud. The First Cause of Action With respect to the First Cause of Action, the elements of civil battery are: (1) Defendant intentionally performed an act that resulted in a harmful or offensive contact with the Plaintiff's person; (2) Plaintiff did not consent to the contact; and (3) the harmful or offensive contact caused injury, damage, loss or harm to Plaintiff. (Brown v. Ransweiler (2009) 171 Cal.Ap...

Excerpt: ...ve upon such grounds as exist at law or equity for the revocation of any contract . . . .” In CA, those grounds include unconscionability. There is no dispute there is a written agreement to arbitrate. The only issue is whether it is unconscionable. Both procedural and substantive unconscionability must be present before a court can refuse to enforce an arbitration provision based on unconscionability. Armendariz v. Foundation Health Psychcare ...

Excerpt: ...lar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 844, 107 Cal.Rptr.2d 841, 24 P.3d 493.) The trial court properly grants the motion if all the papers submitted establish there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law. (Id. at p. 843, 107 Cal.Rptr.2d 841, 24 P.3d 493; Code Civ. Proc., § 437c, subd. (c).) The moving party bears the initial burden to make a prima facie showing that no ...

Excerpt: ...c., § 2030.220(a).) In responding to an interrogatory, if the responding party “does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party.” (Code Civ. Proc., § 2030.220(c).) “If only par...

Excerpt: ...ng meet and confer declaration to “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” The meet and confer requirement is designed “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order . . . . This, in turn, will lessen the burden on the court and reduce the unnecessary expenditure of resources by litigants thro...

Excerpt: ...oted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial 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 a...

Excerpt: ...).) A cause of action “cannot be established” if the undisputed facts presented by the defendant prove the contrary of the plaintiff's allegations as a matter of law. (Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1597.) Once the moving party meets that burden, the burden shifts to the party opposing MSJ to show, by reference to specific facts, the existence of a triable issue as to that affirmative defense or cause of action. (Id.; Villacre...

Excerpt: ...for answer or demurrer. (Code Civ. Proc., § 473(a)(1).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code Civ. Proc., § 473(a)(1).) Additionally, any judge, at any time before or after commencement of trial, in the furthera...

Excerpt: ...appearing on the face of the pleading or from other matters properly subject to judicial notice. (See 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.4th 1395, 1404-1405.) Questions of fact cannot be decided on demurrer. (B...

Excerpt: ...ency 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.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 demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been allege...

Excerpt: ...r Request Nos. 17-35, 37-40, 42, 44, 46, 50-69, 71-72, and 77-81, the Requests are moot, because these have been resolved. (See ROA 309, Reply Appendix.) Within thirty (30) days of notice of this ruling, Defendant Shoebacca shall serve responses to Request for Production Nos. 36, 50-55, 62, 63, 73, 74, 75, 76 and 96 to 107. For Request Nos. 41, 43, and 45, Defendant Shoebacca shall produce a privilege log within thirty (30) days of notice of this...

Excerpt: ...ponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420(b).) The burden is on the party seeking the protective order to show “good cause” for whatever order is sought. (Fairmont Ins. Co. v. Super. Ct. (2000) 22 Cal.4th 245, 255; Stadish v. Super. Ct. (1999) 71 Cal.App.4th 1130, 1145.) “The concept of good cause . . . calls for a f...

Excerpt: ...randum of costs appear to be proper charges, the memorandum is prima facie evidence of their propriety and the burden is on the party contesting them to show that they were not reasonable or necessary. (Foothill-De Anza Comm. College Dist. v. Emerich (2007) 158 Cal.App.4 th 11, 29.) The party challenging costs does not meet this burden by arguing that the costs were not necessary or reasonable, but must present evidence and prove that the costs a...

Excerpt: ... (Code Civ. Proc. §§ 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) be accompanied by a separate statement. (Code Civ. Proc., §§ 2030.300...

Excerpt: ...urs to the Second Amended Complaint of Plaintiffs Doreen Lohnes, Jesse Lohnes, Alexander Delfsage Mayla Lohnes, Mariah Delaney Delfsage, and Brady Delfsage. Plaintiffs chose not to oppose the demurrer. For the following reasons, the demurrer is SUSTAINED without leave to amend. Motion No. 3: Defendants Kaveh Rezvan, William Chang, Rahul Kale, Sanjivan Kohli demur to the Second Amended Complaint of Plaintiffs Doreen Lohnes, Jesse Lohnes, Alexander...

Excerpt: ...option to produce documents under California Code of Civil Procedure section 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. (Code Civ. Proc., § 2030.300(a).) “Parties must state the truth, the whole truth, and nothing but the truth in answering written interrogatories.” (Scheiding v. Dinwiddie Const. Co. (1999) 69 Cal.App.4th 64,...

Excerpt: ...greement”) states, in pertinent part: Transform Holdco LLC (“Transformco” or “Company”) and you (“Associate) (collectively the “Parties”) agree to use binding arbitration, instead of going to court, for any “Covered Claims” that arise or have arisen between you and Transformco, and/or other current or future subsidiary companies, successors or assigns, or any current or former employee of Transformco acting within the scope of...

Excerpt: ...iciency 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.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 demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been all...

Excerpt: ...rt 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.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt....

Excerpt: ...enses. Plaintiff sued for breach of contract, fraud, conversion, and other claims. In the early iterations of the Complaint, Defendant Ewin Ashely, M.D. is alleged only to have “participated and consented.” Defendants' default was entered on 4/10/2018. A default judgment in the amount of $400,785 was entered on 9/17/2019 against those listed in attached judgment caption – but there was no such attachment. The Judgment also refers to an atta...

Excerpt: ...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 §§ 451 or 452. On demurrer, a complaint must be liberally construed. (Code Civ. Proc., § 452; Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) All material facts properly pleaded, and reasonable inferences, must be accepted as true. (A...

Excerpt: ...ur x 10 hours) + $60 for filing fee).] The Requests for Admissions (Set Two) contained requests Nos. 51 to 89. Cross-Defendant Yard House USA, Inc. objected to every one of the requests. The court finds the objections were without merit. In response to Request for Admissions Nos. 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 68, 73, 82, 84, 88 & 89, Yard House USA, Inc. stated: “Responding party objects to the request on the g...

Excerpt: ...FA employee Flow Servan approached Ellen Manley by telephone and email with interest in acquiring Manley's Boiler. (E. Manley Decl. ¶ 8.) After sending a letter of intent, he flew out to California to meet with Ellen Manley and her husband to further negotiate an acquisition. (Id.) SFA is not a party to any of the agreements at issue in this action. (See Bovard Decl.¶ 7.) SFA is the ultimate parent of Manley's LLC. (Alvarez Depo. at 47:14-18.) ...

Excerpt: ... Its nature (e.g., “for fraud”); (3) The party asserting it if more than one party is represented on the pleading (e.g., “by plaintiff Jones”); and (4) The party or parties to whom it is directed (e.g., “against defendant Smith”). Here, Plaintiffs' complaint does not comply with California Rules of Court, Rule 2.112, and instead identifies no causes of action. The complaint, therefore, effectively includes a single claim. "A motion fo...

Excerpt: ...ting the action has no merit, that plaintiff cannot 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., § 437c(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) 2...

Excerpt: ...ril 13, 2022, the Honorable Randell L. Wilkinson presided over the hearing on Defendants David Berg's and Berg & Androphy's Motion to Quash. (ROA No. 52 [04/13/22 Minute Order].) The April 13, 2022, Minute Order indicates that a hearing was held with all participants appearing remotely and that the court, “having fully considered the arguments of all parties, both written and oral, as well as the evidence presented” took the matter under subm...

Excerpt: ...ude its usual location. In the case of real property, the description shall include both its legal description and its street address or common designation, if any. (b) The title of the plaintiff as to which a determination under this chapter is sought and the basis of the title. If the title is based upon adverse possession, the complaint shall allege the specific facts constituting the adverse possession. (c) The adverse claims to the title of ...

Excerpt: ..., LLC, (“AWC”). (See Cross-Compl., Ex. 1.) AWI is the Manager-Member, and SCP is the Investor- Member. (See id.) AWI and SCP are the only members of AWC. (See Ex. 1 at internal Ex. A.) 1. Initial Capital Contribution The LLC Agreement requires SCP to make an initial capital contribution of $250,000. (LLC Agmt. at § 2.1(a).) SCP also agreed to “contribute to the Company additional capital, in accordance with the provisions of this Section2,...

Excerpt: ...the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial 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 i...

Excerpt: ...hallenges 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.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 demurrer tests only the sufficiency of the complaint, a court will not consider...

Excerpt: ...iciency 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.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 demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been all...

Excerpt: ...ort the position of the party in question.” (Id., at p. 851.) The parties must set forth admissible evidence. (Code Civ. Proc., § 437c(d).) A plaintiff moving for summary judgment satisfies his or her initial burden by showing that each element of the cause of action in question has been “proved,” and hence that there is no defense thereto. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850; Weil & Brown, Cal. Practice Guide: Ci...

Excerpt: ...espondent court is hereby ordered to: (1) Set aside and vacate the order entered on July 20, 2021, denying petitioner's discovery motion for peace officer personnel records, and enter a new order granting petitioner's discovery motion in the following categories: (a) Request to the City of Westminster Number 1, excluding any records pertaining to discrimination; (b) Request to the City of Westminster Number 3; (c) Request to the County of Los Ang...

Excerpt: ... that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c(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 fails to meet this initial burden, the plaintiff ne...

Excerpt: ...Aguilar v. Atlantic 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 defense 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, inst...

Excerpt: ...“(a) The process by which the attendance of a witness is required is the subpoena. It is a writ or order directed to a person and requiring the person's attendance at a particular time and place to testify as a witness. It may also require a witness to bring any books, documents, or other things under the witness's control which the witness is bound by law to produce in evidence.... [¶] (b) A copy of an affidavit shall be served with a subpoen...

Excerpt: ...equest for Judicial Notice is DENIED. “The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.” Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537. Unnecessary Delay: This case has been pending for almost two years. On 2/1/22, the court granted leave to file the Second Amended Cross-Complaint pursuant to stipulation. (ROA 281) Defendant/ Cross-Complainant waited over three months before...

Excerpt: ...ty, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. (Code Civ. Proc., § 473(a)(1).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code Civ. Proc., § 473(a)(1).) Additiona...

Excerpt: ...eld 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 defense 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 set forth the s...

Excerpt: ...ther response to requests for admission if that party deems that either or both of the following apply: an answer to a particular request is evasive or incomplete; and/or an objection to a particular request is without merit or too general. Notice of such motion must be given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding pa...

Excerpt: ...ost substantial funds with WFP. She brought an arbitration proceeding against Respondents WFP, Schooler, and Sathre, claiming they were negligent in recommending the investments. Respondents prevailed at arbitration and obtained an award of costs (later incorporated into the judgment) against Petitioner in the principal amount of $135,755.89. Respondents obtained the judgment in 2012. Sathre began making efforts to collect in 2018, when he filed ...

Excerpt: ...as yet to respond. Given Plaintiff's failure to engage in the meet and confer process and Plaintiff's failure to file an opposition, the court will proceed to the merits of the motion. ANALYSIS: A. Legal Authority A party may move to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under California Code of Civil Procedure section 2030.230 is unwarra...

Excerpt: ...e voting rights of MPT. Plaintiff contends that Defendant Sturdivant mismanaged the company for his personal gain, misappropriated corporate assets for his personal gain, and failed to provide Plaintiff with timely access to the corporate books and records. Plaintiff was eventually terminated from MPT. On 4/27/22, the court granted Plaintiff's Motion to Compel Request for Production of Documents (Set One) and imposed sanctions in the sum of $3,06...

Excerpt: ...f 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 §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complai...

Excerpt: ...otice. (See 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.4th 1395, 1404-1405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer ...

Excerpt: ...assistance by obtaining a writ of possession through the claim and delivery procedures. Claim and delivery is a statutory remedy by which a party with a superior right to a specific item of personal property may recover possession of that specific property before judgment. (Waffner International Corp. v. Khorsandi (1999) 69 Cal.App.4th 1261, 1271.) Code of Civil Procedure section 512.010(a), provides: “Upon the filing of the complaint or at any...

Excerpt: ...merits and that harm will result if a preliminary injunction is not granted. (Fleishman v. Superior Court (2002) 102 Cal.App.4th 350, 356; Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal. App. 3d 827, 838.) In determining whether to issue a preliminary injunction, the court should balance the equities: (1) are the plaintiffs likely to suffer greater injury from a denial of the injunction than the defendants are likely to suffer...

Excerpt: ... the action has no merit, that plaintiff cannot 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., § 437c(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 C...

Excerpt: ...e out of the employment context. Apex Energetics and I each agree that any claim, dispute, and/or controversy that either I may have against Apex Energetics (or the owners, directors, officers, managers, employees, agents, and parties affiliated with their employee benefit and health plans) … arising from, related to, or having any relationship or connection whatsoever with my … employment by, or other association with Apex Energetics shall b...

Excerpt: ...ent forum (often referred to as forum non conveniens) allows courts to ‘exercise their discretionary power to decline to proceed in those causes of action which they conclude, on satisfactory evidence, may be more appropriately and justly tried elsewhere.' ” (Aghaian v. Minassian (2021) 64 Cal.App.5th 603, 609; see also Zhi An Wang v. Fang (2021) 59 Cal.App.5th 907, 917.) “ ‘In determining whether to grant a motion based on forum non conv...

Excerpt: ...y to the action. (Code Civ. Proc., § 2025.010.) The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency. (Id.) The service of a deposition notice 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, electronic...

Excerpt: ...nsitioning to a new management company, Generations. From May to September, 2020, Plaintiff was on disability due to left elbow surgery. On 9/3/20, when she was released to return to work, she was informed the transition had occurred. Her application for employment was declined, because she was on work restriction. (Complaint, Paragraphs 6, 7 & 8.) Limited Exceptions: “[W]ith limited exceptions only parties to an arbitration agreement can enfor...

Excerpt: ...s were filed. Plaintiff does not take issue with these responses. Therefore, insofar as the motions seek to deem admitted the requests for admission or compel Defendant to provide further responses to the discovery requests, the motions are denied as moot. The motions, however, are not moot as to the issue of sanctions. (Cal. Rules of Ct., Rule 3.1348(a).) For the reasons set forth below, the request for sanctions is DENIED. Code of Civil Procedu...

Excerpt: ...s. ¶ 19, Ex. N.) Defendant's two emails were sent the same day as the parties' meet and confer telephone call on 01/03/2022. (See id.) The emails admonish Plaintiff to “please respond immediately” “[i]f there is anything in this email that does not comport to your understanding and agreement.” (See id., Ex. N.) There is no evidence that Plaintiff responds to either email to correct the purported discrepancy between the two parties' recol...

Excerpt: ...2022. See, Franco Decl. in support of Opposition, ¶ 24 and Ex. 59. In Reply, Plaintiff acknowledges the supplemental responses but argues that the supplemental responses are still insufficient. Because supplemental responses were served by Defendant County on 04/01/22, there is nothing left to compel. The instant motion seeks to compel further responses to Defendant County's initial responses to production of documents. Plaintiff received supple...

Excerpt: ...is appropriate. “Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given.” (Angie M. v. Superior Court (1995) 37 Cal.App.4 th 1217, 1227). Indeed, “for an original complaint, regardless whether the plaintiff has requested leave to amend, it has long been the rule that a trial court's denial of leave to amend constitutes an abuse of discretion unless the complaint ‘shows on its face th...