Excerpt: ...soya and to stay these pending completion of arbitration. Standard for Compelling Arbitration When a party to an arbitration agreement refuses to submit to arbitration, the other party may petition the court to compel arbitration and stay any pending lawsuit. (See Condee v. Longwind Management Corp. (2001) 88 Cal.App.4th 215, 218.) This right is contained in Civil Procedure Code section 1281.2, which states: On petition of a party to an arbitrati...

Excerpt: ... fees and costs is DENIED. Defendants Karson Construction, Inc. (Defendant Karson) and Dustin Lawson (Defendant Lawson) (collectively, Construction Defendants) move to compel arbitration of the claims brought by Plaintiff Debra Allen and to stay these proceedings pending completion of arbitration. Construction Defendants also request attorneys' fees and costs. Standard for Compelling Arbitration When a party to an arbitration agreement refuses to...

Excerpt: ...a, and Letter from Sarah Ferris, MD, because the evidentiary objections are not material to the disposition of this motion. (See Code Civ. Proc., S 437c, subd. Defendants Marriott Hotel Services, Inc. and AMH, LLC move for summary judgment on the Complaint filed by Plaintiff Angela Cleavenger. Standard for Summary Judgment "Summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact an...

Excerpt: ...r Title Loans Inc. dba 18WTitlleLoan and the Irvine Police Department. Standard for Writ of Possession A party wishing to obtain possession of pro#rty may seek a writ of possession through the claim and delivery procedures set out in Civil Procedure Code section 512.010, et seq. Claim and delivery is a remedy by which a party with a superior right to a specific item of personal property may recover possession of that specific property before judg...

Excerpt: ...g for April 18, 2024, at 9:30 a.m. in Department N15. Defendant GMI Building Services, Inc. (Defendant GMI) moves to compel arbitration of all of the claims brought by Plaintiff Daniel Mesa and to stay these proceedings pend-ng completion of arbitration. Defendant Allied Protecton Service, LP dba Allied universal (Defendant Allied) joins in Defendant GMI's motion. Standard for Compelling Arbitration When a partyto an arbitration agreement refuses...

Excerpt: ...rvice of the notice of ruling. Plaintiff Elizabeth Lockett moves for terminating sanctons striking Defendant Anthony Drew Molinar's (Defendant Molinar) Answer and entering default judgment against Defendant Molinar. Plaintiff also moves for monetary sanctions. Standard for Monetary and Non-Monetary Discovery Sanctons The court may impose monetary, issue, evidence, terminating, or contempt sanctions against any person engaging in any misuse of the...

Excerpt: ...thony Lock's Request for Judicial Notice in Support of Demurrer to Complaint of Plaintiff Barbara Travers is GRANTED. (See Evid. Code, S 452, subd. Defendant Mark Anthony Lockwood (Defendant Lockwood) demurs to the 1st, 4th, and 6th Causes of Action of the Complaint filed by Plaintiff Barbara Travers. Standard for Demurrer A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pl...

Excerpt: ...by Plaintiff James Worldw-de, Inc. Standard for Demurrer 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.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 154...

Excerpt: ... 452, subd. (d).) Defendant Brian Nelson (Defendant Brian) demurs to the 3rd Cause of Action of the Complaint filed by Plaintiff Alonzo C. Whitner, as Trustee of the Whitner Family Trust. Standard for Demurrer 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. 101 Cal.App.4th 1395, 1404-...

Excerpt: ...the date of this ruling. If Plaintiff Urban Bianchi does not amend the First Amended Complaint within the #riod in which leave to amend is granted, Defendant Cals Tech Precision, Inc. and Omar Khan shall file an answer or other pleading in response to the First Amended Complaint within 10 days of the expiration of the period to amend. (See Cal. Rules of Ct. rule 3.13200).) Defendant Cal Tech Precision, Inc. (Defendant Cal Tech) and Defendant Omar...

Excerpt: ...31, 34, 35, 38-40, 44, 46-50, and 54-56 and SUSTAINED as to evidentiary objection numbers 4-5, 14, 32 as to "that I am aware is considered to be exempt from FLSA overtime", 33, 41, and 45. The court admits statements regarding complaints made against and the investigation of Plaintiff Darrel Wall only for the purpose of proving that the complaints were made and that the investigation lead to certain findings, not that the substance of the complai...

Excerpt: ...pay to Defendant Pauline 12 Anaheim, LLC sanctions in the amount of $1,230 (6.0 hours x $195 per hour in reasonable attorney's fees and $50 in motion filing fees) within 30 days of service of the notice of ruling. Defendant Pauline 12 Anaheim, LLC (Defendant Pauline 12) moves to compel the depositions of Plaintiff Jesus Del Carmen Martinez (Plaintiff Martinez) and Plaintiff Armando Aviles (Plaintiff Aviles). Defendant Kadash, LLC (Defendant Kadas...

Excerpt: ...intiff Mahnoosh Rahimi moves to compel further responses to Requests for Admissions from Plaintiff Mahnoosh Rahimi to Defendant Artemis DNA CA LLC, Set One, Requests for Admissions Numbers 36-58. Standard to Compel Further Responses to Requests for Admission The Civil Discovery Act requires that responses to requests for admission be "as complete and straightforward as the information reasonably available to the responding party permits." (Code C...

Excerpt: ...al Interrogatories, Set One, and Form Interrogatories — General, Set One, are GRANTED. Plaintiff Cliq, Inc. f/k/a Cardfiex, Inc.'s Motions to Compel John Hynes to Provide Further Responses to Requests for Production of Documents is DENIED. Plaintiff Cliq, Inc. f/k/a Cardflex, Inc.'s Motions to Compel Eventus Holdings to Provide Further Responses to Special Interrogatories (Set One) and Form Interrogatories — General (Set One) are GRANTED. Pla...

Excerpt: ...erts, a duty of care expert and an appraiser expert. (See Decl. of Lukasz l. Wozniak, 3, Exh. 1.) Defendants also designated two expert witnesses, a duty of care expert and a pool construction/repair expert but no appraiser expert. (ld., 4, Exhs. 2-3.) In their supplemental designation, Defendants designated James B. Netzer, an appraiser, to rebut the testimony of Plaintiffs' appraiser expert witness. (ld., 5, Exhs. 4-5.) Plaintiffs contend that ...

Excerpt: ...npublished decisions]; Cal. Rules of Ct., rule 8.1115 [decisions that are not published may not be cited or relied upon by any court or partyl.) Defendant Reliant Immediate Care Medical Group, Inc. (Defendant Reliant) demurs to allegations relating to and the prayer for punitive and exemplary damages contained in the First Amended Complaint filed by Plaintiff Jonathan Vasquez. Standard for Motion to Strike A court may strike out any irrelevant, f...

Excerpt: ... Capital Corporation, Set Two, and Plaintiffs James H. Renzas' Request for Documents to Keith Tian Tong, Set One. Service of Discovery and Service of Motions Discovery requests, such as interrogatories and requests for production, must be served upon the party from whom the discovery is requested and all other parties who have appeared in the action. (See Code Civ. Proc., SS 2030.080, 2031.040.) In addition, a motion must be served on all parties...

Excerpt: ... court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc„ S 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...

Excerpt: ...d Premier Choice R.E. Inc. specially move to strike the Complaint of Plaintiff Anne Marie Jones pursuant to Civil Procedure Code section 425.16. Standard for Special Moton to Strike (Anti-SLAPP) Civil Procedure Code section 425.16(b) provides that: "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection ...

Excerpt: ...n to Compel Plaintiff to Respond to Defendant's Request for Production of Documents, Set One is GRANTED. Plaintiff James Lowther is ORDERED to serve full, complete, and verified responses to: Form Interrogatories — General, Set One; Special Interrogatories, Set One; and Request for Production of Documetns, Set One. without objections within 30 days of service of the notice of ruling. Plaintiff James Lowther is ORDERED to pay to Defendant Pavili...

Excerpt: ...ca, LLC is ORDERED to serve full, complete, and verified responses to Plaintiff Jennifer Stein's Request for Production Set One, Requests Numbers 33-40 and all responsive documents to Requests Numbers 33-40 within 30 days of service of the notice of ruling. Defendant Jaguar Land Rover North America, LLC is ORDERED to pay to Plaintiff Jennifer Stein sanctions in the amount of $2,411.25 (4.75 hours x $495 per hour in reasonable attorney's fees and ...

Excerpt: ...n is GRANTED as to the 7th Cause of Acton and DENIED as to the remainder of the causes of action. Plaintiff Ricardo Martinez's Objections to Defendants' Evidence are SUSTAINED as to evidentiary objection number 17, and SUSTAINED to the extent statements are used for the truth of the matter asserted and OVERRULED to the extent statements are used as the basis for the expert witness' opinion as to evidentiary objection numbers 18-20. The remainder ...

Excerpt: ...her similar paper, an attorney or a party not represented by counsel represents that: (1) [The document] is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, and other legal contentons therein are warranted by existing law or by a nonfriwlous argument for the extension, modification, or reversal of existing law or the est...

Excerpt: ...ny pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. 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 t...

Excerpt: ... on Defendant Riviera Beverages, LLC and submit it to the court pursuant to Rules of Court Rule 3.1590(h). The Court finds good cause to allow Plaintiff 20 days from the date of this ruling to prepare, serve, and submit the proposed judgment. Plaintiff Hood Container Corporation moves for an order to enter judgment against Defendant Riviera Beverages, LLC pursuant to the parties' stipulated settlement agreement. Standard for Entry of Judgment Pur...