Excerpt: ...the defendant's breach and resulting damage.” (Harris v. Rudin, R ichman & Appel (1999) 74 Cal.App.4th 299, 307.) Per the complaint, the parties entered into a Reseller Agreement on January 1, 2019 (Comp. ¶10 & Exhibit 1), which was amended on August 26, 2019 (Comp. ¶17 & Exhibit 1 -A) and again on November 4, 2021 (Com p. ¶18 & Exhibit 1 -B). The complaint includes several allegations of alleged breaches. (Comp. ¶¶39 -49.) Defendant, in t...

Excerpt: ...roperly subject to judici al 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. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or i...

Excerpt: ...n 128.5, filed by Plaintiff on July 21, 202 3, as ROA 285; (5) The “Motion for Sanctions” under Code of Civil Procedure section 128.5, etc., filed by Plaintiff on July 21, 2023, as ROA 290; (6) The “Motion for Reconsideration” filed by Plaintiff on July 21, 2023, as ROA 280; (7) The “Motion to Reconsideration” filed by Plaintiff on December 18, 2023 as ROA 363; and (8) The “Motion to Quash Service of Summons” filed by defenda...

Excerpt: ...3, Fuentes reached a settlement with Plaintiff for $90,000. (Settlement Agreement attached as Exh. A to Application.) Fuentes then filed an application for a good faith settlement determination under Code of Civil Procedure section 877.6. In response, Garcia filed the instant motion contesting the good faith of the settlement. The party asserting the lack of good faith shall have the burden of proof on that issue. (Code Civ. Proc. § 877.6(d).)...

Excerpt: ...he attachment is greater than zero . (See Code Civ. Proc., §§ 483.010 and 484.090; see generally King Decl.; Vanecek Decl., ¶ 3, Exh. F at 80:10 -18; verified application at ¶ 4). The court also finds Apex has shown a probability of prevailing on its contractual claim against Christiansen. “[T]he elements of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperform...

Excerpt: ...e reasons for the discovery; (2) the diligence or lack of diligence o f the party seeking the discovery or the hearing of a discovery motion, and the reasons the discovery was not completed or the discovery motion was not heard earlier; (3) any likelihood that permitting the discovery or hearing the discovery motion will pre vent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice t...

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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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: ..., 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: ...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: ...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: ..., 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...