Excerpt: ...aration of Esthefany Escobar (ROA 400), are SUSTAINED. “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc. § 437c(a)(1).) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues ...

Excerpt: ...n is brought. [¶] (b) The application shall be executed under oath and shall include all of the following: [¶] (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. [¶] (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the...

Excerpt: ...ly derived benefit from the use of said loaned monies. (FAC, ¶ 9.) Plaintiff and Defendant “entered into a verbal loan agreement evidenced by a promissory note.” (FAC, ¶ 12.) The FAC pleads causes of action for (1) breach of oral contract, (2) open book account, (3) money lent and received (indebitus assumpsit), and (4) unjust enrichment. “The elements of a breach of oral contract claim are the same as those for a breach of written contra...

Excerpt: ...f the propounding party deems that an objection is without merit or too general or an answer is evasive or incomplete. (Code Civ. Proc., § 2030.300, subd. (a)(1)-(3).) The moving party must also include reasons why further answers should be ordered: legal or factual arguments why the answers given were incomplete or nonresponsive, or the objections invalid. (Cal. Rules of Court, rule 3.1345(c).) The responding party has the burden to justify obj...

Excerpt: ...cords. (Chen Decl., Ex. B.) Wicker is a key witness in this case, as he is the insured of Plaintiff Truck Insurance Exchange relating to the incident underlying this litigation. (Chen Decl., ¶ 5.) Wicker nor his counsel have responded to the deposition subpoena or contacted counsel for Amazon to request an extension. (Chen Decl., ¶ 4.) “Any party may obtain discovery…by taking in California the oral deposition of any person, including any p...

Excerpt: ...ce of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 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, th...

Excerpt: ...e court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney's fees” means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract. (b) The motion shall be made on the grounds that the plaintiff resides out of t...

Excerpt: ...response if the propounding party deems that a statement of compliance is incomplete, a representation of inability to comply is inadequate, incomplete, or evasive, or an objection in the response is without merit. (See Code Civ. Proc., SS 2030.310, subd. The moving party must also include reasons why further answers should be ordered: legal or factual arguments why the answers given were incomplete or nonresponsive, or the objections invalid. (C...

Excerpt: ...sions, Set One; (2) Motion to Compel Defendant Stern's Responses to Inspection Demands, Set One, Special Interrogatories, Set One; Form Interrogatories, Set One, Form Interrogatories, Set Two, and Request for Admissions, Set One; (3) Motion to Establish Admissions, Set Two served on Plaintiff Truck Insurance Exchange. Failure to Pay Sufficient Filing Fees However, the court notes that these motions are actually eleven motions, disguised as three,...

Excerpt: ...llowing to be true: "(1) an answer to a particular request is evasive or incomplete, (2) an objection to a particular request is without merit or too general." (Code Civ. Proc., S Merits Plaintiff contends that Defendant should be ordered to serve a supplemental response to Requests for Admission, Set One, numbers 2, 17, 18 and 20 because Defendant's responses are not compliant with the Code of Civil Procedure. On 5-8-23, Defendant served a suppl...

Excerpt: ...his matter taken off calendar. Each Defendant may file a single consolidated motion to seal with a supporting declaration attached." Motion No. 2 Defendant Merrick Bank Corporation's (Merrick) Motion to Strike Plaintiff eGumball, Inc.'s (eGumball) Complaint Pursuant to Code of Civil Procedure section 425.16 is DENIED. Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: "[W]e may summarize a court's task in ruling on an an...

Excerpt: ... finds that plaintiff's claims were frivolous, unreasonable, objectively without foundation, or brought in bad faith, or the plaintiff continued to litigate after it clearly became so. (Govt. Code S Williams v. Chino Valley Independent Fire District (2015) 61 cal.4th 97, gg-100•, Roman v. BRE Properties, Inc. (2015) 237 CA4th 1040, 1057.) This is because exposure to potential costs/fees could discourage individuals to pursue otherwise meritorio...

Excerpt: ... the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (Code Civ. Proc., S 664.6.) The court must determine whether the settlement agreement is valid and binding. (Kohn v. ...

Excerpt: ...gatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [TI] (1) An answer to a particular interrogatory is evasive or incomplete. [ I] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [ I] (3) An objection to an interrogatory is without merit or too gen...

Excerpt: ...ictions set forth in Chapter 5 (commencing with Section 2019.010), by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency." C.C.P. S 2025.010. If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or emp...

Excerpt: ...e to consider late- filed papers without a showing of good cause. (Hobson v. Raychem Corp. (Iggg) 73 Cal.App.4th 614, 623, disapproved on other grounds in Colmenares v. Braemar Country Club, Inc. (2003) 29 cal. 4th 1019, 1031; see also Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 765 ["A trial court has broad discretion under rule 3.1300(d) of the California Rules of Court to refuse to consider papers served and filed beyond the deadline ...

Excerpt: ...hown that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. [Citation.] If the defendant does so, the burden shifts back to the plaintiff to show that a triable issue of fact exists as to that cause of action or defense... A triable issue of material fact exists 'if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of ...

Excerpt: ...endant 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 defense thereto. The plaintiff or cross-complainant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of ...

Excerpt: ...f inability to comply is inadequate, incomplete, or evasive, or an objection in the response is without merit. (See Code Civ. Proc., SS 2030.310, subd. The moving party must also include reasons why further answers should be ordered: legal or factual arguments why the answers given were incomplete or nonresponsive, or the objections invalid. (Cal. Rules of Court, rule 3.1345(c).) The responding party has the burden to justify objections in respon...

Excerpt: ...ite Pornhub.com owned and operated by MINDGEEK, including any investigations into illegal or brand-damaging conduct, any fines or other actions taken by VISA or its member banks, and any MATCH listings; Category No. 2: VISA's handling or treatment of merchant accounts associated with the pornography website Pornhub.com owned and operated by MINDGEEK, including any termination of MINDGEEK; Category No. 3: VISA's handling or treatment of merchant a...

Excerpt: ...roducing evidence to challenge the authenticity of the agreement.... If the opposing party meets its burden of producing evidence, then in the third step, the moving party must establish with admissible evidence a valid arbitration agreement between the parties. The burden of proving the agreement by a preponderance of the evidence remains with the moving party." (Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.158, 165-166.) Here, TriNet ...

Excerpt: ...onfer declaration under Section 2016.040. (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not complet...