Excerpt: ...nd request for monetary sanctions. Motion No. 1: Compel Further Responses to Form Interrogatories Plaintiff seeks a further response to form interrogatory no. 12.2 which asks whether the defendant has interviewed anvone concerning the "incident," and if so to identify such witnesses. The incidents as alleged in the complaint took place over a two-month period and there was apparently no single incident. Accordingly, the pre-printed definition of ...

Excerpt: ...FAC). Initially, it must be noted this challenge is based on a false premise—i.e., all three complaints Plaintiff has filed in this action were verified. They were not. Only the FAC was verified. Neither the original complaint, nor the SAC were verified. Accordingly, the fraud-based claims that were alleged in the original complaint, and then dropped from the FAC, were not alleged in a verified pleading, and therefore there are no verified alle...

Excerpt: ... negligence, the claim is dependent upon, among other things, demonstrating LAMC breached a duty to the decedent, and showing causation. (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) On a medical negligence claim, when a defendant moves for summary judgment and supports the motion with an expert declaration showing the defendant's conduct fell within the community standard of care, or did not cause or contribute to the injury, the defend...

Excerpt: ...nterests are at issue, the party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. The party seeking information may raise in response whatever legitimate and important countervailing interests disclosure would serve, while the party seeking protection may identify feasible alternatives that serve t...

Excerpt: ...r an attachment following the statutory guidelines and established a prima facie claim to have a debtor's assets seized and held until final adjudication at trial.” (Lorber Indus. v. Turbulence, Inc. (1985) 175 Cal.App.3d 532, 535.) Plaintiff seeks a writ of attachment and right to attach order. A writ of attachment may be issued if (1) the claim is for money; (2) based upon a contract; and (3) where the amount is readily an ascertainable amoun...

Excerpt: ...he Protective Order entered in this case as ROA 131 on December 20, 2021 (Protective Order), to confirm Plaintiff's “confidential” designations for portions Diann D. Alexander's deposition transcript. The Motion is brought pursuant to section 6 of the Protective Order to preserve the “confidential” status of the material due to the objections presented thereto by Defendant/Cross-Complainant Park Aliso Commercial Center, Ltd. (Defendant). ...

Excerpt: ...subds. (c), (d), and (h); Fontenot v. Wells Fargo Bank, NA (2011) 198 Cal.App.4th 256, 264; Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482.) Plaintiff's request to strike portions of Lewis, Jr.'s declaration is DENIED. A nonresident defendant has a liberty interest in not being subject to the judgments of a forum with which he or she has established no meaningful minimum contacts. (Vons Companies Inc. v. Seabest Foods...

Excerpt: ...inding arbitration based on this agreement. However, Plaintiffs are not parties to the Lease and Nissan has failed to establish standing to enforce the lease provision against Plaintiffs. Even if Plaintiffs were parties to the lease or if the lease could be enforced against Plaintiffs, Nissan acknowledges it is not a signatory to the lease. A nonsignatory seeking to enforce an arbitration agreement bears the burden to establish standing to enforc...

Excerpt: ...ad (collectively, Plaintiffs) dismissed Orange Coast on January 31, 2023. Motion No. 2: FCA's Motion to Compel Arbitration FCA's motion to compel Plaintiffs to arbitrate their claims against FAC is DENIED. This case arises out of Plaintiffs' purchase of a 2017 Chrysler Pacifica from Orange Coast. After various problems with the vehicle were not resolved, Plaintiffs filed a complaint against FCA and Orange Coast. Plaintiffs have since dismissed Or...

Excerpt: ...Country Club Homeowners Ass'n v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [citing Cal. Rules of Court, rule 3.1300(d) and holding trial court “acted well within its discretion when it declined to consider” a party's untimely opposition papers].) Here, the opposition was due by Tuesday, February 21, 2023. Plaintiff did not file or serve the opposition until three days later, on Friday, February 24, 2023. Plaintiff failed to provide any explana...

Excerpt: ...e a claim. Uncertainty Demurrers for uncertainty “are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond.” (Lickiss v. Fin. Indus. Regulatory Auth. (2012) 208 Cal.App.4th 1125, 1135.) A party attacking a pleading on “uncertainty” grounds must specify how and why the pleading is uncertain, and where that uncertainty can be found in the challenged pleading. (Fenton v. Groveland Community Services ...

Excerpt: ...g child support) from the family law action entitled, Zahrn Kadkhodaei Khalafi v Seyed Mehdi Hassani, OCSC Case No. 17D007142. The Defendants' request fails to comply with California Rules of Court, rule 3.1113(l), which states: “Any request for judicial notice must be made in a separate document listing the specific items for which notice is requested and must comply with rule 3.1306(c).” Here, Defendants' request for judicial notice is mere...

Excerpt: ...Notice is GRANTED. The court takes judicial notice of each record, Exhibits 1 - 6, but not of the truth of the matters stated therein. (Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) First Cause of Action: Violation of Homeowner Bill of Rights (“HBOR”) A) Violations of Civil Code section 2934a: Plaintiffs allege the Notice of Default (NOD) is void because Defendants never recorded any notice of assignment of s...

Excerpt: ...Quash Service of Summons filed by Defendant on September 16, 2019 (ROA 60). Motion No.1: Motion to Transfer Venue Plaintiff's Motion to Transfer Venue is DENIED. Plaintiff seek a change of venue based on Code of Civil Procedure section 397, subdivisions (b) & (d), which state as follows: “The court may, on motion, change the place of trial in the following cases: . . . (b) When there is reason to believe that an impartial trial cannot be had th...

Excerpt: ...e and straightforward as the information reasonably available to the responding party permits. [¶] (b) If an interrogatory cannot be answered completely, it shall be answered to the extent possible. [¶] (c) If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural pers...

Excerpt: ...r Production (RFPs), the initial burden is on the propounding party to show good cause for production. (C.C.P. § 2031.310(b)(1).) Plaintiff has met that burden here. The Motion shows the categories at issue seek discoverable information, based on the claims presented and evidence obtained to date in the case. (ROA 678, Exhs. 6-10.) Each also seems reasonably narrow, and no other source for obtaining such material is apparent. The burden thus shi...

Excerpt: ...ompel Further Form Interrogatory Responses Plaintiff initially served objections to every interrogatory in this set of discovery. Plaintiff served further verified responses to all interrogatories on January 30, 2023, after the motion was filed and served. Nonetheless, the court may still decide the motion. “Whether a particular response does resolve satisfactorily the issues raised by a motion is a matter best determined by the trial court in ...

Excerpt: ...s' motion for an order confirming depositions were timely notice or, alternatively, reopening discovery is deemed MOOT. Counsel are ordered to meet and confer to schedule these depositions to be taken remotely within 10 days. The parties should be prepared to discuss whether a brief continuance of the trial date is appropriate in light of the pending discovery as well as other scheduling matters, including the demurrer and motion to strike hearin...

Excerpt: ...s to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for rescission of the agreement.” Here, Defendants submit the declaration of Tyler Nelson to establish the Contractor Agreement w...

Excerpt: ...edition and economy.” Similarly, Code of Civil Procedure section 598 authorizes the court to order certain issues tried before others “when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby.” The ruling on a motion to bifurcate rests within the trial court's sound discretion, except for requests to bifurcate liability from punitive damage claims, which must ...

Excerpt: ...awsuit against that entity.” (City of Stockton v. Superior Court (2007) 42 Cal.4 th 730, 738.) “[T]he claims presentation requirement applies to all forms of monetary demands, regardless of the theory of the action.” (Sparks v. Kern County Bd. of Supervisors (2009) 173 Cal.App.4th 794, 798.) Failure to comply with the Government Claims Act subjects the complaint to dismissal. (Janis v. State Lottery Comm'n (1998) 68 Cal.App.4th 824, 832.) �...

Excerpt: ...tition in the Probate Action on February 18, 2021, seeking (1) to determine validity of trust amendments; (2) to cancel the deed recorded on April 7, 2020; (3) an order authorizing and directing transfer of property from third party claimant to the trust; (4) to assert a claim for financial elder abuse; and (5) double damages. Defendant's Request for Judicial Notice Defendant requests the court take judicial notice of nine items consisting of doc...

Excerpt: .... Adequacy of Meet of Meet and Confer Efforts: The court questions the adequacy of the parties' meet and confer efforts in light of the court's prior ruling on the demurrer and motion to strike that another defendant filed challenging the same pleading. These concerns especially apply to the motion to strike. Defendant Adam M. Rucker, M.D.'s Demurrer to Plaintiff David Sadat's First Amended Complaint (“FAC”) For the reasons set forth below, t...