Excerpt: ..., complete, and Code compliant responses to discovery may result in an extension of this time. The parties are limited to propounding one set of special interrogatories, one set of requests for admission, and one set of production demands, not to exceed 25 questions each. The subject of that discovery must be limited to defendants' contacts with California, defendants' contact with plaintiff, and defendants' contact with any underlying insureds. ...

Excerpt: ...oc. §§ 2030.260; 2031.260; 2033.250.) Plaintiff responded to form interrogatory 1.1 by incorporating a preliminary statement and general objections and then by responding substantively. The separate statement does not appear to take issue with the substantive response. Instead, Defendant seems only to take issue with the objections because Plaintiff had waived objections by failing to serve timely responses. If the party to whom an interrogator...

Excerpt: ...ourt granted a 30-day extension to serve an answer or responsive pleading. The clerked entered default against both defendants on September 30, 2022, (over 30 days after the August 23, 2022, case management conference.) On October 28, 2022, Defendant John Darling, now through counsel, filed a motion to set aside entry of default due to mistake, inadvertence, surprise, or excusable neglect. The motion was based on the following facts, according to...

Excerpt: ...oot. However, if the deposition did not take place as scheduled on June 13, 2023, then the motion is GRANTED. Motion for Summary Judgment The basis for Defendant's Motion for Summary Judgment is that, pursuant to the “Going and Coming Rule,” Defendant Carlos Reveles was not acting within the scope of his employment for Defendant at the time of the accident. The Court finds this argument unpersuasive. “Under the ‘going and coming' rule, an...

Excerpt: ..., challenging only defects on the face of the complaint.' [Citation.] As with a demurrer, ‘[t]he grounds for a motion for judgment on the pleadings must appear on the face of the complaint or from a matter of which the court may take judicial notice.' [Citations.]” (Eckler v. Neutrogena (2015) 238 Cal.App.4th 433, 439; § 438, subd. (d); see Hopp v. City of Los Angeles (2010) 183 Cal.App.4th 713, 717 [“A motion for judgment on the pleadings...

Excerpt: ...es to the foregoing exhibits [ROA # 455] are sealed. “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.), However, the presumption of public access to the court file may not apply to a company's confidential and proprietary business records (McGuan v. Endovascular Technologies, Inc. (2010) 182 Cal.App.4th 974, 988-98...

Excerpt: ...n agreement will be controlled by the Federal Arbitration Act (FAA), which includes both procedural and substantive provisions. The FAA states that written arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (9 U.S.C. § 2.) The United States Supreme Court has described this provision as reflecting both a “liberal federal policy favori...

Excerpt: ...re is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc., §437c, subd. (c).) “A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that bur...

Excerpt: ...defense to the cause of action. (Code Civ. Proc. (“CCP”), § 437c(p)(2).) 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 triab...

Excerpt: ...le attached to a forklift that was protruding approximately six inches above the ground. (Mot. at 3:7-8.) On 09/09/2022, Plaintiff amended the complaint to identify Defendant Sunstate Equipment Co., LLC (Doe 13). Defendant Sunstate (Doe 13) appeared in the action on 10/24/2022, filing an answer to the original complaint. (ROA 93.) About five months later, on 03/29/2023, Defendant/Cross-Defendant Sunstate Equipment Co. (Doe 13) filed the instant m...

Excerpt: ...aw Under the Civil Discovery Act, “any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to 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 ...

Excerpt: ...sts for admission are 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 is...

Excerpt: ... on January 12, 2017. They allege that Defendants failed to name a certain party as a defendant in the Brokaws' underlying suit. (ROA No. 2 [Complaint].) In October 2018, Bonnie Brokaw voluntarily dismissed her case against Defendants, leaving only Dennis as Plaintiff. Defendants filed a (renewed) motion to compel arbitration. On December 13, 2018, Judge Fell granted Defendants' motion and stayed this action pending resolution of the arbitration....

Excerpt: ... or an order of the court. Code Civ. Proc. § 436. “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not supported by the allegations of the complaint. Code Civ. Proc. § 431.10(b). A motion to strike can also strike legal conclusions. Weil & Brown, Cal. Prac. Guide, Civil Proc. before Trial, ¶ 7:179 ...

Excerpt: ...ail service is used) is mandatory. (ld; see Lackner v North (2006) 135 Cal.App.4th 1188, 1207-1208.) Plaintiff filed the motion for summary judgment on April 6, 2023, with a May 31, 2023, hearing date. It was served by regular mail. Thus, the motion could not be heard any earlier than June 26, 2023, 80 days from April 6, 2023. Plaintiff did not give sufficient notice of the motion and, for that reason, it is denied. Further, Plaintiff did not mee...

Excerpt: ... no duty to light its streets, and that the alleged lack of light strips for pedestrians at the intersection does not constitute proof of a dangerous condition. Defendant further contends that Plaintiff has not shown why the intersection constituted a dangerous condition such that it required light strips for pedestrian crossing. According to Defendant, the fact that Plaintiff may have relied on the light strips to function at the time he crossed...

Excerpt: ...eposition On 01/12/2023, Defendant AMLNA produced witness Simon Andrew for all categories of examination. Plaintiff contends that Mr. Andrew was not sufficiently qualified to testify on category Nos. 1, 2, 5, 7, 10, 16, 17, 18, and 19. Code of Civil Procedure Section 2025.450(a) provides that if a party witness fails to appear or produce documents, without having served a valid objection, the noticing party may move for an order compelling the de...

Excerpt: ...ispute." (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 defense to the action or proceeding." (Code Civ. Proc., S 437c, subd. "The 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 entitl...

Excerpt: ...lied with its meet-and-confer obligation prior to filing the Motion. (Code Civ. Proc., S 439.) First of Action — Breach of contract It is well-established that "the elements of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff. [Citation.]" (Oasis West Realty, LLC v. Goldman (2011) 51 Cal...

Excerpt: ...expended multiplied by the reasonable hourly rate.' [Citation.) To determine the reasonable hourly rate, the court looks to the 'hourly rate prevailing in the community for similar work.' [Citation.] Using the lodestar as the basis for the attorney fee award 'anchors the trial court's analysis to an objective determination of the value of an attorney's services, ensuring that the amount awarded is not arbitrary. [Citation.]' [Citation.]" (Bernard...

Excerpt: ... 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. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court ma...

Excerpt: ...ia Hearing Department Decision from In the Matter of Lenore Luann Albert, Case No. 16-0-12958-YDR (16- 0-10548); Exhibit C: The January g, 201 g, State Bar Court of California Hearing Department Decision from In the Matter of Lenore Luann Albert, Case No. 16-0-12958-YDR (16- 0-10548); Exhibit D: The July 10, 2019, Order of the California Supreme Court from In the Matter of Lenore Luann Albert on Discipline, Case No. SD254967, State Bar Court case...

Excerpt: ...itigation would produce great or irreparable injury to a party to the action," (3) the challenged act may violate a party's rights, (4) "pecuniary compensation would not afford adequate relief, (5) "it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief," (6) "Where the restraint is necessary to prevent a multiplicity of judicial proceedings." (Code Civ. Proc., 5 526, subd. The Court may also gr...

Excerpt: ...nce arising from Plaintiff's use of Defendant's "Surf City Seniors on the Go!" service. (Complaint, 12 & 14). Plaintiff alleges that "Surf City Seniors on the Go!" is a "curb-to-curb transportation service" offered by the City, which she used on June 27, 2018, to travel to her physical therapy session at "Southern California Aquatic and Physical Therapy." (ld.) Plaintiff alleges she was 65 years old at the time, legally blind and physically disab...

Excerpt: ... Laura Estanislau ("Laura") (collectively, "Plaintiffs") commenced this action against defendants Brian Hoyt ("Brian"), Alain Hoyt ("Alain"), William Kalpakoff ("William"), and Sandra Kalpakoff ("Sandra") (collectively, "Defendants"). (ROA 2). Plaintiffs allege they own real property adjacent to an easement that included a flood control channel ("Carbon Canyon Flood Control Channel") and a gravel road ("Gravel Road"). This easement, along with a ...