Excerpt: ...ooc (2001) 26 Cal.4th 1215, 1228- 1229.) The custodian of records need not produce an entre personnel file if it is not all relevant, and may withhold documents that are clearly irrelevant to Defendant Albert Hughes Jr.'s work schedule from the period of September 14, 2004 to September 21, 2004. (See People v. Mooc, supra, 27 Cal.4th at p. 1229- 1230.) However, if the custodian of record has any doubt whether a particular document is relevant, th...

Excerpt: ... to the First Amended Complaint within 10 days of the expiration of the period to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendant Huntington Beach City School District (Defendant School District) demurs to the First Amended Complaint (FAC) filed by Plaintiff John Doe. 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 a...

Excerpt: ...California the oral deposition of any person, including any party to the action. (See Code Civ. Proc., S 2025.010.) A party desiring to take an oral depositon of a person who is under the jurisdiction of the court shall give written notice of the deposition. (See Code Civ. Proc., S 2025.220, subd. (a).) "Except as provided in subdivision (b), or by any court order, including a case management order, a deposition examination of the witness by all ...

Excerpt: ...he Complaint within 10 days of the expiration of the period to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendant Alan Nesbit (Defendant) demurs to the 1st, 3rd, and 4th Causes of Acton of the Second Amended Complaint (SAC) filed by Plaintiffs Thomas Phillips, Fashion Island Surgery Center, LLC, and Thomas J. Phillips, M.D. (a corporation) (collectively, Plaintiffs). While Defendant purports to demur to the "Second Amended Cross-complaint,"...

Excerpt: ...er Responses to Interrogatories A party may move for an order compelling further responses to interrogatories on the grounds that: (1) an answer to a particular interrogatory is evasive or incomplete; (2) an exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate; or (3) an objection to an interrogatory is without merit or too general. (Code Civ. Proc., S 203...

Excerpt: ...f the arbitration proceedings. The court SETS an ADR Review Hearing for March 7, 2023, at 9:30 a.m. in Department N15. Defendants Trinh To Thi Ly, An Le, and Bijan Namdar move to compel arbitration of the claims asserted by Plaintiff A Plus Autobody, Inc. in this action. 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 st...

Excerpt: ...s of Efrain Caldera and Plaintiff Daniel Escamilla are OVERRULED. Plaintiff Daniel Escamilla moves for summary judgment as to the Complaint filed by Plaintiff on September 26, 2022. 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 and that the moving party is entitled to a judgment as a matter of law." (Code Civ. Proc., S 437c, subd. (c).) A "p...

Excerpt: ...e Complaint filed by Plaintiff Mark Magdy Gobrial. Standard for "The party against whom a complaint or crosscomplaint has been filed may object, by demurrer or answer ... to the pleading on any one or more of the following grounds: (a) The court has no jurisdiction of the subject of the cause of action alleged in the pleading. (b) The person who filed the pleading does not have the legal capacity to sue. (c) There is another action pending betwee...

Excerpt: ... (SAC) filed by Plaintiff Charlene Lopez. Standard for Demurrer "The party against whom a complaint or crosscomplaint has been filed may object, by demurrer or answer ... to the pleading on any one or more of the following grounds: (a) The court has no jurisdiction of the subject of the cause of acton alleged in the pleading. (b) The person who filed the pleading does not have the legal capacity to sue. (c) There is another action pending between...

Excerpt: ...g on any one or more of the following grounds: (a) The court has no jurisdiction of the subject of the cause of acton alleged in the pleading. (b) The person who filed the pleading does not have the legal capacity to sue. (c) There is another action pending between the same parties on the same cause of action. (d) There is a defect or misjoinder of parties. (e) The pleading dæs not state facts suffcient to constitute a cause of action. (f) The p...

Excerpt: ...nce of justice, and on any terms as may proper, allow a party to amend any 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 res#ct; 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 in ...

Excerpt: ...m. in Department N15. Defendants Christopher Paliska, Stephen Paliska, Aaron Vazquez, Rebecca Quarress, and Peter Maldonado (Paliska Defendants) move to stay proceedings in this action pending the completion of the bankruptcy proceedings of Defendant Western Express Lending (Defendant WEL). Standard to Stay Proceedings "Trial courts generally have the inherent power to stay in the interests of justice and to promote judicial efficiency." (Freiber...

Excerpt: ...ecial Interrogatories, Set One is taken OFF CALENDAR as moot. Defendant Shelby Hospitality, LLC's Motion to Compel Answers to Special Interrogatories, Set One is taken OFF CALENDAR as moot. Defendant Ken Pansuria's Motion to Compel Answers to Requests for Production of Documents, Set One is taken OFF CALENDAR as moot. Defendant Ken Pansuria's Motion to Deem the Truth of Matters and Genuineness of Documents Specified in Requests for Admission, Set...

Excerpt: ... Inc.'s; CT Logistics, Inc.'s; Cal West Commodities, Inc.'s; and Michael Devon Toole's Form Interrogatories (Set One), Motion to Compel Responses to Special Interrogatories (Set One), and Motion to Compel Responses to Request for Production of Documents (Set One) without objections and within 30 days of service of the notice of ruling. The court ORDERS that Plaintiff Amelia Lopez pay to Defendants Commodity Transporters, Inc.; CT Logistics, Inc.;...

Excerpt: ...nce, within 7 days of this ruling. Infinity Insurance Company moves for leave to intervene on behalf of Defendant Anthony Drew Molinar (Defendant Molinar). Standard for Intervention A non-party, who is referred to as an “intervenor,” may become a party to an action or proceeding between other persons by: (1) Joining a plaintiff in claiming what is sought by the complaint; (2) Uniting with a defendant in resisting the claims of a plaintiff; or...

Excerpt: ... 30, 2023. Plaintiff Albert Hughes III moves for an order directing the Los Angeles County Sheriff's Department to make available to Plaintiff for examination, inspection, and copying “all documents concerning bailiff Albert Hughes Jr. (‘Defendant') as defined by Penal Code section 832.8; records maintained pursuant to Penal Code section 832.5, subdivision (b); and any other records, documents, or items pertaining to the defendant Albert Hugh...

Excerpt: ...emurrer ”The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer . . . to the pleading on any one or more of the following grounds: . . . (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible. . . .” (Code Civ. Proc., § 430.10.) A demurrer to a complaint o...

Excerpt: ...rounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible. (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.” (Code Civ. Proc., § 430.20.) A demurrer may be asserted against “the whole answer, or to any one or more of the several defenses ...

Excerpt: ...ndow Company fka Anlin Industries' Motion Contesting Application for Determination of Good Faith Settlement is taken OFF CALENDAR. Defendant American Vision Windows, Inc. dba American Vision (Defendant American Vision) applies to this court for a determination of good faith settlement. Defendant/Cross-Complainant Louis Anthony Macchiaverna (Defendant Macchiaverna) moves to contest Defendant American Vision's Application for Determination of Good ...

Excerpt: ...umbers 3-4, 8-10, 14, 16, 19, 20, and 22- 24 24; Form Interrogatory Number 17.1; Request for Admission Numbers 1, 2, and 4-7; and Request for Production Numbers 1-3, 6-11, 23-25, and 28, within 21 days of service of the notice of ruling. The Motion to Compel Further Responses is DENIED as to all other discovery requests. Plaintiff Placentia-Linda Hospital, Inc.'s Motion to Compel Further Responses from Defendant Superior Health Plan, Inc. dba Amb...

Excerpt: ...art and DENIED in part. Plaintiff Timothy J. Woodall is ORDERED to pay to Defendants Ronnie Dean Exchavarria, Sr. and Allegiant PI reasonable attorney's fees in the amount of $166,308 within 30 days of service of the notice of ruling. Defendants Ronnie Dean Echavarria, Sr.'s and Allegiant PI's request for costs is DENIED. Defendant Julie A. Woodall seeks an award of $258,503 in attorney's fees, $4,775.00 in anticipated attorney's fees and $60.00 ...

Excerpt: ...d costs in the amount of $3,938.06 from Defendant FCA US LLC, pursuant to the Song- Beverly Consumer Warranty Act (Song-Beverly Act). Basis for Award of Attorney's Fees and Costs The Song-Beverly Consumer Warranty Act (Song-Beverly Act), Civil Code section 1790 et seq., states that “[i]f the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amo...

Excerpt: ...'s seeks an award of $45,817.20 in attorney's fees, $4,500.00 in anticipated attorney's fees, $12,587.95 in costs, and $425.00 in anticipated costs from Defendant General Motors LLC pursuant to the Song-Beverly Consumer Warranty Act (Song-Beverly Act). Basis for Award of Attorney's Fees and Costs The Song-Beverly Consumer Warranty Act (Song-Beverly Act), Civil Code section 1790 et seq., states that “[i]f the buyer prevails in an action under th...

Excerpt: ...eave to intervene. Standard for Intervention A non-party, who is referred to as an “intervenor,” may become a party to an action or proceeding between other persons by: (1) Joining a plaintiff in claiming what is sought by the complaint; (2) Uniting with a defendant in resisting the claims of a plaintiff; or (3) Demanding anything adverse to both a plaintiff and a defendant. (Code. Civ. Proc., § 387, subd. (b).) The non-party must request le...

Excerpt: ...p, LLC d/b/a Riverside Nissan, shall be STAYED. The stay shall be automatically lifted upon the completion of the arbitration proceedings against Defendant Riverside Metro Auto Group, LLC d/b/a Riverside Nissan. The court SETS an ADR Review Hearing for January 11, 2024, at 8:30 a.m. in Department N15. Defendants Defendant Nissan North America, Inc.'s and Riverside Metro Auto Group, LLC d/b/a Riverside Nissan's evidentiary objections to the Declar...