Excerpt: ...her be stated verbatim in the petition or attache d thereto. (Cal. Rules Ct., rule 3.1330.) Here, the motion demonstrates plaintiff Cristian Galindo (Plaintiff) entered into an agreement to arbitrate (Agreement). A copy of the Agreement has been provided with the motion. (Motion, Exh. A.) The Agree ment plainly encompasses the types of claims asserted here. Plaintiff does not dispute he signed the Agreement, although he claims to have been rushed...

Excerpt: ...gatory no. 12.1, GM provided only a cursory response. The party responding to an interrogatory is to make a reasonable and good faith e
¯ort to obtain the information by inquiry to other natural persons or organizations, and has a duty to conduct a reasonable investigation to obtain responsive information and furnish information from all sources under his or her control. (Regency Health Services, Inc. v. Superior Court (1998) 64 Cal.App.4th 1496...

Excerpt: ... Dara Whitworth, Mackenzie Whitworth, and Ryland Whitworth. (ROA 264.) On April 18, 2023, Plainti
¯'s c o u n s e l Timothy Fatone submitted a declaration as an “Opposition to Defendant Ford Motor Company's Motions to Compel Deposition of 3rd Party Witnesses.” Mr. Fatone stated he was not opposing the motion and “My o
¯ice is willing to produce all three witnesses for deposition (Dara, Ryland and McKenzie Whitworth) now that all the parti...

Excerpt: ...ise, or excusable neglect, or he seeks relief based on the mandatory relief provision of Section 473(b) and his attorney's mistake, inadvertence, surprise, or neglect. The notice and motion only refer to relieve under the discretionary relief provision of Section 473(b), but Grantham attaches a declaration by his attorney, Mr. Iskander, who vaguely claims the default was entered due to his mistake (to the extent it was a mistake) in Þling the an...

Excerpt: ...ce camera and system ocused on the area. Site inspections are permissible under Code o Civil Procedure section 2031.010, et seq. Through no ault o Plainti
¯s, they were unable to view/access the surveillance system at the school. While the system is purported to be controlled at a district o
¯ice and not at the school itsel, Deendant stated the camera view may be accessed on-campus through a laptop. This was unable to occur at the origina...

Excerpt: ...ny dispute between Owner and Broker relating to this Agreement, the Property or Owner or Brokers performance hereunder, Owner and Broker agree that such dispute shall be resolved by means of binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association . . . .” (Id. at ¶11.) Defendant does not dispute the existence of the above agreement, her signature thereon, or its application to Plainti
¯...

Excerpt: ...waived and the court will proceed to rule on the merits. Nonetheless, the court cautons the parties to properly file proofs of service or future filings may not be considered. By this motion, Defendant seeks to set aside the default under the mandatory attorney affidavit of fault provision in Code of Civil Procedure section 473, subdivision (b). Section 473, subdivision (b) includes a discretionary relief provision and a mandatory relief provisio...

Excerpt: ...ion 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice." Here,...

Excerpt: ...en agreement to arbitrate and the paragraph that provides for arbitration must either be stated verbatim in the petition or attached thereto. (Cal. Rules Ct„ rule 3.1330.) Here, the motion demonstrates plaintiff Pablo Franco (Plaintiff) and Defendant entered into the "Retail Installment Sale Contract — Simple Finance Charge (With Arbitration ProvSion)" (RISC) when Plaintiff bought the vehicle. Defendant has provided copies of the pertinent po...

Excerpt: ..., S 437c, subd. (f)(2).) To be successful, a summary adjudication motion must completely dispose of the entire cause of action, defense, damages claim, or duty to which the motion is directed. (Code Civ. Proc„ S 437c, subd. (f)(l).) As noted, H8F seeks summary adjudication on its second cause of acton for express indemnity. In that cause of action, HBF alleges TAP has a contractual duty to defend, indemnify, and hold HBF harmless. (HBF XC at 91...

Excerpt: ...elow. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (Blank v. 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. (Del E. Webb Corporation v. Structural Materials Co. ...

Excerpt: ...facts are true, but the court does not assume the truth of contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Plaintiff alleges two causes of action against Chapman—i.e., the third cause of action for negligence and the fourth cause of action for violation of Title IX of the Education Amendments of 1972. The demurrer contends Plaintiff has failed to plead sufficient facts to state either of thes...

Excerpt: ...ses compulsory cross-complaints, provides: "A party who fails to plead a cause of action, subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross- complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be ju...

Excerpt: ...o show they were not reasonable or necessary. (Fairbank, et al., Cal Prac. Guide: Civ. Trials & Evid. (The Rutter Group 2023) 917:526, citing Ladas v. California State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774-776; Bender v. County of Los Angeles (2013) 217 cal.App.4th 968, 989; and Jones v. Dumrichob (1998) 63 cal.App.4th 1258, 1266 [mere statements in memorandum of points and authorities and declaration of counsel insufficient to rebut prima f...

Excerpt: ...l Dr. Shoghian's Deposition This unopposed motion is GRANTED. The District served Dr. Shoghian with a deposition subpoena requiring her to appear for deposition and produce documents. The District attempted to coordinate dates with Dr. Shoghian, but she refused to provide dates or otherwise appear. She was served with copies of the moving papers and all other documents relating to this motion, but has not responded in any way or otherwise made an...

Excerpt: ..., 2023, the court granted the motion to compel and ordered Mrs. Whitworth's depositon to go forward on July 18, 2023. (ROA 308, 301.) On July 18, 2023, Mrs. Whitworth appeared for her deposition, but after what appears to have been a deliberate attempt to obstruct the process, and three instances of instructing the witness not to answer, Ford opted to adjourn the deposition and file the subject motion. Code of Civil Procedure section 2025.460(e) ...

Excerpt: ..., and CHOC through its joinder, technically have brought the wrong motion. It is undisputed Plaintiff previously appeared for deposition in this action in February 2022, and at that time Western Pump and CHOC asked all questions they had of Plaintiff before stating they have no further questions. As such, the deposition was completed. "Once any party has taken the deposition of any natural person, including that of a party to the action, neither ...

Excerpt: ...tiff has shown, the materials at issue are essential to prepare for now imminent depositions, among other things. Accordingly, the court grants the motion to the extent it seeks additional time to respond, but orders compliance by December 29, 2023, to allow time to review the documents in preparation for the depositions and otherwise proceed with the litigation. In the reply brief, Stamos improperly seeks additional forms of relief that were not...

Excerpt: ...gotiation and informal resolution. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294 (Clement).) "[T]he law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate." (Ibid.) The particular level of effort required in each case depends on the circumstances including the amount of discovery propounded, the time available to confer before the motion filing deadline, and the extent to which a party was c...

Excerpt: ...n of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to the cause of action or a d...

Excerpt: ...s the fifth cause of achon for negligence, the seventh cause of action for imposition of equitable lien (Civil Code S 3543), and eighth cause of action for imposition of equitable lien (equitable subrogation). The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to each of the three challenged causes of action. Fifth Cause of Acton (Negligence): The elements of a negligence cause of action are: (1) duty; (2) breach; (3) proximate or legal cause of...

Excerpt: ... sufficient facts to state a cause of action because Plaintiff "lacks stand-ng to maintain this lawsuit." This challenge is based on the contention Plaintiff is a foreign limited liability company that has failed to qualify to transact intrastate business in California. (Corp. Code S 17708.07(a) ["A foreign limited liability company transacting intrastate business in this state shall not maintain an action or proceed-ng in this state unless it ha...

Excerpt: ...gery and requesting leave to amend. Failure to oppose a demurrer may be construed as having abandoned the claims. (See Herzberg v. County of Plumas (2005) 133 cal.App.4th 1, 20, sexton v. superior court (1997) 58 cal.App.4th 1403, 1410, Holguin v. Dish Network LLC (2014) 229 Cal.App.4th 1310, 1322, and Cahill v. San Diego Gas & Electric Co. (2011) 194 Cal.App.4th 939, 956.) A party who files no opposition also has no right to present argument at ...

Excerpt: ...ly, the court notes the moving papers improperly cite to an unpublished opinion—Tucker v. Cunningham 2015 Cab App. unpub. LEXIS 9416. It is improper for any party or the court to cite to a California state court appellate opinion that has not been certified for publication. (Cal. Rules of Ct., rule 8.1115(a).) Repeated violation of this rule may give rise to sanctions. In ruling on a special motion to strike made under section 425.16, the trial...

Excerpt: ... (4) "Motion to Compel Plaintiff Martin Alvarado's Supplemental Responses to Request for Production of Documents (Set One)." No opposition has been presented by either plaintiff Veronica Alvarado or plaintiff Martin Alvarado (collectively, Plaintiffs) as to any of these motions. Motion Nos. 1 & 2: Form Interrogatories These motions are GRANTED IN PART. As a preliminary matter, the court was forced to discern the intended scope of the motions from...