Excerpt: ...otice of the truth of the statements in Exhibit 2, i.e., the article entitled "Mites that 'Bug' People." (Edelstein v. City and County of San Francisco (2002) 29 Cal.4th 164, 171, fn. 3.) 1st COA for Breach of the Implied Warranty of Habitability "The elements of a cause of action for breach of the implied warranty of habitability 'are [II the existence of a material defective condition affecting the premises' habitability, [2] notice to the land...

Excerpt: ...Plaintiff's objection to the Declaration of James Loddengaard, M.D. and the general objection to the reply. The Court overrules Defendant's objections nos. 1-4 to Plaintiffs' opposition evidence. Legal Standard for Doe Amendment When a defendant is improperly named by a fictitious name (e.g., defendant can show plaintiff knew defendant's name and the facts supporting the cause of action against them), the affirmative defense that the statute of l...

Excerpt: ...ty 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 respect; and may, upon like terms, enlarge the tme for answer or demurrer. Code Civ. Proc. S 473(a)(1). 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; ...

Excerpt: ...rrelevant, false, or improper matter inserted in any pleading (b) 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.) Civil Code S 3294, subdivision (a) permits the recovery of punitive damages upon a clear and convincing showing that a defendant is guilty of oppression, fraud or malice. "Malice" means conduct which is intended ...

Excerpt: ...3.290, subd. (b).) The Act "requires that, prior to the initiation of a motion to compel, the moving party declare that he or she has made a serious attempt to obtain 'an informal resolution of each issue.'" (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435, citations omitted [explaining "This rule is designed 'to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order"]; Clement v...

Excerpt: ...thin 30 days of notice of this Order. A. Facts and Meet and Confer On April 3, 2023, Plaintiff served Special Interrogatories, Requests for Admissions, and Request for Identification and Production of Documents, Sets One, on Defendant Ensign Whittier West, LLC via electronic service. On April 28, 2023, defense counsel requested and was granted a two-week extension of time within which to respond to the discovery making the responses due May 19, 2...

Excerpt: ...nse of substantial compliance is equitable in nature and should be determined by the Court instead of a jury. (See, Judicial Council of California v. Jacobs Facilities, Inc. (2015) 239 Cal.App.4th 882, 914.) "[Tlhe governing California cases express a preference that the equitable issues be tried first." (Nationwide Biweekly Administration, Inc. v. Superior Court of Alameda County (2020) 9 Cal.5th 279, 317; see, Hoopes v. Dolan (2008) 168 Cal.App...

Excerpt: ...023, Plaintiff served Special Interrogatories, Requests for Admissions, and Request for Identification and Production of Documents, Sets One, on Defendant Ensign Whittier West, LLC via electronic service. On April 28, 2023, defense counsel requested and was granted a two-week extension of time within which to respond to the discovery making the responses due May 19, 2023. On May 19, 2023, Defendant served its unverified, deficient responses to th...

Excerpt: ... or an officer, director, managing agent, or employee of a party to attend and to testify[.]" (Code Civ. Proc., S 2025.280, subd. (a).) As with discovery generally, deposition questions may relate to "any matter, not privileged, that is relevant to the subject matter if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (Code Civ. Proc. S 2017.010.) Plaintiff Machu...

Excerpt: ...ted exceptions applies. Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the possibility of conflicting rulings on common factual or legal issues." (Code of Civ. Proc., 5 1281.2; Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 967.) Similarly, public policy under federal law fa...

Excerpt: ...er is obeyed; (3) dismissing that party's action, or any part thereof; or (4) entering default judgment against that party. (ld., 5 2023.030, subd. (d).) Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992, explains, "The trial court has broad discretion in selecting discovery sanctions, subject to reversal only for abuse. [Citations.] The trial court should consider both the conduct being sanctioned and its effect on the party seeking...

Excerpt: ...enewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years from the time the judgment was previously renewed under this article. (b) Not later than 60 days after service of the notice of renewal pursuant to Section 683.160, the judgment debtor may apply by noticed motion under this section for an order of the court vacating the renewal of the judgment. The noti...

Excerpt: ... and for fees and costs. Code Civ. Proc. § 473(d) provides: “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” “ ‘The court may ... on motion of either party after notice to the other party, set aside...

Excerpt: ...g discovery system when it requires the trial court to become involved in discovery because a dispute leads a party to move for an order compelling [compliance with a discovery mechanism].” (See Clement v. Alegre, (2009) 177 Cal.App.4th 1277, 1291.) “Unless otherwise limited by order of the court . . . any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved . . . if the matter eithe...

Excerpt: ...Objection Nos. 11, 20 and 26 and OVERRULED as to the remaining. Defendants Evidentiary Objections to the Declaration of Akash are SUSTAINED as to Objection Nos. 3, 9, and 11 and OVERRULED as to the remaining. Defendants Evidentiary Objections to the Declaration of Dr. Bakul Patel, M.D. are SUSTAINED as to Objection Nos. 1 through 4 and OVERRULED as to the remaining. Defendants Evidentiary Objections to the Declaration of Jayshree Patel is SUSTAIN...

Excerpt: ...om those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (201...

Excerpt: ...s or duties with respect to another, or in respect to, in, over or upon property, or with respect to the location of the natural channel of a watercourse, may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross-complaint in the superior court for a declaration of his or her rights and duties in the premises, including a determination of any question of construction o...

Excerpt: ...e. . .” (Complaint, ¶ 11.) Defendant contends the alleged conduct is absolutely privileged under Civil Code section 47. In Hagberg v. California Federal Bank (2004) 32 Cal.4th 350, 364, the California Supreme Court held, “the overwhelming majority of cases conclude that when a citizen contacts law enforcement personnel to report suspected criminal activity and to instigate law enforcement personnel to respond, the communication also enjoys a...