Excerpt: ...- 77. The court is inclined to deny as to the remaining RFAs. Motion to Compel Further Responses to RFPs Code Civ. Proc. section 2031.310 provides, in relevant part, that “any party may obtain discovery” by “inspecting, copying, testing, or sampling documents, tangible t hings, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” Code Civ. Proc., § 2031.01...

Excerpt: ...udicial notice of three d irectives issued by CalSTRS (in 2019, 2022, and 2023) are denied. All three directives are directed at fiscal years after the time period at issue in the SAP (2017 -18 fiscal year) and do not appear relevant to the allegations in the SAP. (Bell v. Greg Ag ee Construction, Inc. (2004) 125 Cal.App.4th 453, 459, fn. 2.) District's unopposed request for the Court to take judicial notice of District's Board policy number 33...

Excerpt: ...ed to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complain...

Excerpt: ...(Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by show ing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc., § 437c, subd. (p)(2).) A ...

Excerpt: ...relevant, false, or improper matter inserted in any pleading or 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. § 436. “Irrelevant” matters include: allegati ons not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not support by the...

Excerpt: ...pposition t o this Motion was filed before that admonition. A. Legal Standard Where the statutory requirements are met, the court may, upon motion, enter judgment pursuant to the terms of a settlement agreement. (CCP §664.6). Before enactment of CCP § 664.6, whe n a settlement broke down, the party seeking to enforce it either had to (a) file a separate lawsuit for breach of contract or (b) seek leave to file a supplemental pleading (to alle...

Excerpt: ...ses of action and grant ed as to the 11th cause of action. Defendants' objections are sustained as to nos. 1, 6, 7, 11, 16, and 17 - 19 and overruled as to nos. 2 - 5, 8 - 10, and 12 - 15. Plaintiff's request for judicial notice is granted. A “party moving for summary judgment be ars an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact…” (Aguilar v. Atlantic Richfield Co. (...

Excerpt: ...on the same grou nds it now demurs on as to the SAC. The court overruled Defendant's prior demurrer. [ROA #95.] There is a split of authority among case law on the question whether a defendant may demur to an amended complaint on the grounds that were overruled on a dem urrer to the prior complaint. See Bennet v. Suncloud (1997) 56 Cal. App. 4th 91, 96 -97; Pacific States Enterprises, Inc. v. City of Coachella (1993) 13 Cal. App. 4th 1414, 1420,...

Excerpt: ...endant has filed late oppositions. Any party to the action or the witness may bring a motion to quash a subpoena and may request the Court to quash it entirely, modify it, or direct compliance with it upon those terms and conditions as the court shall declare inc luding protective orders. In addition, the court may make any other order as may be appropriate to protect the moving party from unreasonable or oppressive demands including unreasonabl...

Excerpt: ...appear fo r the deposition “without having served a valid objection under Section 2025.410.” (Code Civ. Proc., § 2025.450, subd. (a).) A written objection to a deposition notice must be served at least three calendar days prior to the date for which the deposition i s scheduled. (Code Civ. Proc., § 2025.410, subd. (a).) The Counsel for each side made some agreements, the details of which are disputed. Parties agreed that that the second ses...

Excerpt: ...ore affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty...

Excerpt: ...is divests the opinion of the Court of Appeal of binding or precedential effect, it may still be cited for “potentially persuasive value.” (See Cal. Rules of Ct. rule 8.1115(e)(1).) Based on the existing persuasive authority, including the Court of Appeal's decision in Dhital, the court concludes Plaintiff's fr audulent concealment claim is not barred by the economic loss rule as a matter of law. If the California Supreme Court reaches th...

Excerpt: ... 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for s ummary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action c...

Excerpt: ...is carried on with a willful and conscious di sregard of the right and safety of others. (Civ. Code § 3294(c)(1).) At the pleading stage, the complaint must allege facts supporting circumstances of oppression, fraud, or malice. See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166 (“The mer e allegation an intentional tort was committed is not sufficient to warrant an award of punitive damages. [Citation] Not only must there be circumst...

Excerpt: ...� 1021.5. The court has reviewed the time entries of Plaintiff's counsel [Hanassab Decl., Ex. 1] and the specific objections raised by Defendant. Upon this review, the court has reduced the fees from those requested for a billing error, fees incurred on claims Plaintiff did not prevail on, time billed for clerical work, time billed for duplicative/unnecessary work, and time billed for which the task description was too uninformative for the cour...

Excerpt: ...pages. (ROA 108.) The maximum allowance is 15 pages, absent leave of court. (Cal. R. Ct. Rule 3.1113.) The Court will exercise its discretion to consider the oversized memorandum, this time, but future violations of the Rules may result in the Court's refusal to consider the offending p apers. Merits Defendant generally and specially demurs to the negligence cause of action in the First Amended Complaint. (To be clear, the Court construes the gen...

Excerpt: ... to an authorized method of discovery is a misuse of the discove ry process warranting sanctions. Code Civ. Proc. § 2023.010(d). So, too, is disobeying a court order to provide discovery. (Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4th 1495, 1516.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal. App. 4th 967, 991.) The moving party need only...

Excerpt: ...laintiff need not use the words ‘alter ego,' but must allege sufficient facts to show a unity of interest and ownership, and an unjust result if the corporation is treated as the sole actor.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 696 citing Leek v. Cooper (2011) 194 Cal.App.4th 399, 415, [ complaint alleging individual defendant was owner of all stock of defendant corporation and personally made all its b...

Excerpt: ...must be accepted as true. Aubry v. Tri -City Hospital Dist. (1992) 2 Cal. 4th 962, 966 -67. A pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with sufficient detail to acquaint a defendant with the nature, source and extent of the claim. The degree of detail required depends on the extent to which the defendant in fairness needs such detail which can be conveniently p...

Excerpt: ... shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc., §430.41, subd. (a)(4).) The Court once again opts to proceed to the merits. On the merits, the demurrer is overruled. Within the demurrer itself Defendant asserts the first cause of action fails as “Plaintiff has not se t out the terms of such contract, nor has any contract been attached that demonstrates a contractual relationship between Plaintiff and any of the p...

Excerpt: ... of the remainder of the exhibits because they are not relevant to the disposition of the demurrer. (Sweeney v. California Regional Water Quality Control Bd. (2021) 61 Cal.App.5th 1, 1118, fn. 3.) The Court also declines to exercise its discretion to refuse to consider the opposition for being untimely by one day. Defendant demurs to the Complaint a nd the three causes of action asserted therein for: (1) breach of fiduciary duty – failure to u...

Excerpt: ...h, and (4) resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186; CACI 303.) PSG argues that the Service Contract at issue ended in April of 2018 and that any allegation that the agreement was extended is conclusory. The Court disagrees. The SACC alleges that the Service Agreement was initially drafted to terminate after two years (i.e., in April 2018), but the parties extended the Agreement beyond that initi...

Excerpt: ...arties' evidentiary objections are as follows. Respondents' objections: • Declaration of Brendan Ba rth (ROA 158): o Overrule 1 -2; Sustain 3 -6 • Declaration of Erin Allgaier (ROA 157) o Overrule 1, 5, 6; Sustain 2 -4 • Declaration of Amy Searls (ROA 156) o Sustain 1 -5 • Declaration of Jessica LaPalme (ROA 155) o Overrule 1; Sustain 2 -7 • Declaration of Ro cky Benoit, MD (ROA 154) o Overrule 1; Sustain 2 -7 • Declaration of Kelly U...

Excerpt: ...tiff filed a separate statement in support of its reply. There is no provision in CCP se ction 437c for a reply separate statement. (Code Civ. Proc., § 437c; Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) The Court declines to consider Plaintiff's reply separate statement. Plaintiff's objections to Role's Declaration are overruled. Applicable Law In both summary judgment and summary adjudication proceedings, the pleadings dete...

Excerpt: ...nwarranted or the required specification of those docume nts is inadequate, and/or an objection to an interrogatory is without merit or too general. (Code Civ. Proc., § 2030.300, subd. (a).) With respect to interrogatories, the burden of showing good cause does not exist. (Coy v. Superior Court (1962) 58 Cal.2d 210, 220 -221.) If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure...

Excerpt: ...rees. CITA provides for “[a]ctual damages, attorney's fees, and costs, and any equitable relief that the court deems appropriate.” (Civ. Code § 1798.93(c)(5), emphasis added.) Thus, the remedies are not all in the hands of the Court. Second, MCM argues that there is no right to a jury trial on this statutory claim because the gist of the relief is equitable, as opposed to at law, comparing it to the unfair competition law and the false a...

Excerpt: ...right. Code Civ. Proc. §1032. To claim those, the prevailing party must file and serve a memorandum of costs within 15 days from the date the clerk (or any party) mails out notice of dismissal or entry of judgment. CRC 3.1700; Daniels v. Robbins (2010) 182 Cal. App. 4th 204, 228. The memorandum must include a supporting decl aration affirming that the costs were reasonable and necessarily incurred. CRC 3.1700(a)(1). No proposed judgment is requ...

Excerpt: ...nd to four deposition questions without objection. Kigge n also seeks an order compelling Driver to further respond to Request for Identification and Production of Documents, Set One, number 3 and Special Interrogatories, Set One, numbers 1, 2, and 4. The same information is at issue in the three motions – Driv er's history of traffic tickets and payment for such tickets. Defendant objected to the deposition questions, request for production, ...

Excerpt: ...AA is to ‘ensur[e] that private arbitration agreements are enforced according to thei r terms.'” (Lacayo v. Catalina Restaurant Group Inc. (2019) 38 Cal.App.5th 244, 257, citing AT&T Mobility LLC. v. Concepcion (2011) 563 U.S. 333, 344, 131 S.Ct. 1740.) “California law, like federal law, favors enforcement of valid arbitration agreements.” (Baxter v. Genworth North America Corp. (2017) 16 Cal.App.5th 713, 721, citation omitted.) A party s...

Excerpt: ...fendant fails to demonstrate that grounds exist to “dismiss” or vacate said default. Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, surprise or excusable neglect.” De fendant does not argue that the default judgment was the result of “mistake, inadvertence, surprise or excusable neglect.” In addition, Code C...

Excerpt: ...ainti
¯ pursuant to Code of Civil Procedure section 425.16, subdivision (c)(1). As an initial matter, the Court notes the action was stayed on 6/14/2022, pending Defendants' appeal. Remittitur was issued on 10/10/2023. Plainti
¯'s motion to tax and Defendants' motion for fees were Þled shortly after Remittitur was issued. This case was reassigned to this Department after Defendants Þled a peremptory challenge. No order lifting the stay was is...

Excerpt: ...lin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 CA3d 381, 385-386; W. A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial Dist., Alameda County (1959) 176 Cal.App.2d 67, 72.) To the extent Defendant is requesting the Court to grant him relief from default, the Court Þnds Defendant fails to demonstrate that grounds exist to vacate said default. Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, ord...

Excerpt: ...ecuring the Note).) Evidentiary Objections Plainti
¯ improperly presents evidentiary objections in the opposition to the Separate Statement. Written objections must be served and Þled separately from papers supporting or opposing the motion. [CRC 3.1354(b); Hodjat v. State Farm Mut. Auto. Ins. Co. (2012) 211 CA4th 1, 8-9, 149 CR3d 93, 9899—court did not abuse its discretion in refusing to consider objections not Þled separately as required b...

Excerpt: ...onabedian v. Mercury Ins. Co. (2004) 116 Cal. App. 4th 968, 994. Limited to the “four corners” as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with su
¯icient detail to acquaint a defendant with the nature, source and extent of the claim. Leek v. Cooper (2011) 194 Cal. App. 4th 399, 413. On demurrer, a complaint must be liberally construed. Code Civ. P...

Excerpt: ... the statute o laches. (ROA 100.) The Court Þnds neither the statute o limitations issue, nor the issue o laches, is suitable or resolution at this early stage o the proceedings. With respect to the statute o limitations, Podobas has not shown the IIED (Domestic Violence) claim is time barred. (Code Civ. Proc., § 340.15, subd. (a).) And, Plainti
¯ has su
¯iciently alleged “abuse” within the meaning o CCP section 340.15, which it ad...

Excerpt: ...y tailored; and 5) No less restrictive means exist to achieve the overriding interest. Petitioner's request to seal the applicable records, as submitted in their already redacted form, is GRANTED. Pursuant to CRC 2.550(e), the court concludes that the proposed sealed portions are properly sought and agrees with petitioner that disclosure “would … disclose private, conÞdential and sensitive medical information ….” Petitioner's request for...

Excerpt: ...g the discovery sought by the inspection demand pursuant to Code Civ. Proc., § 2031.310(b)(1).] To establish “good cause,” the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) speciÞc facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial...

Excerpt: ... grants Defendant's request to judicially notice its Exhibits 1-4. Objections The Court sustains evidentiary objections nos. 4-7, and 11 to the Declaration of Plainti
¯s' Counsel Deborah Rosenthal. The remainder of the objections by both sides are overruled. Legal Standard Pursuant to Code of Civil Procedure section 526 provides for when an injunction may be granted. Code of Civil Procedure section 526, subdivision (a)(3) provides that an injunc...

Excerpt: ...laration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.") Whether a reasonable and good faith attempt was made is a matter within the Court's discretion. (See Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431—32.) Here, Plaintiff sent a meet and confer letter on 11/6/23 with respect to the discovery at issue. Defendant did not respond. ...

Excerpt: ...e hearing, which is insufficient. Because the motion was electronically served, Plaintiffs had to serve the motion no later than 12/27/23. Accordingly, the motion is DENIED. Even if the court were to consider this untimely motion, the motion is also denied on the merits. First, Plaintiffs not only seek reconsideration/relief from the August 30, 2023, sanction order, but also from the June 23, 2023, order. Plaintiffs frame this motion as only seek...

Excerpt: ...hibits a landlord, with intent to terminate the tenants' occupancy, from interrupting or willfully terminating their utility service"; and that "Defendant violated this section [Civil Code section by, without coordinating with Ms. Higgins of her availability or obligation to care for her children, terminating water, electricity, and gas services to the leased premises." (See Complaint, "1 13(e), 33, 34, and 35.) For purposes of this demurrer, all...

Excerpt: ...enders the Complaint fatally uncertain. While the caption lists claims such as fraud, wrongful foreclosure, slander of title and unjust enrichment, these claims are not restated or identified within the body of the complaint. Consequently, the complaint fails to comply with California Rules of Court rule 2.112, which requires "[e]ach separately stated cause of action...state: (1) Its number (e.g., 'first cause of action'); (2) Its nature (e.g., '...

Excerpt: ...omplaint is subject to a general demurrer, "where it contains general allegations of a breach of contract and inconsistent allegations of facts that do not constitute a breach." (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Group ) at '16:246.1, emphasis in original, citing Melican v. Regents of university of California (2007) 151 Cal.App.4th 168, 174.) Thus, inconsistent factual allegations may be challenged by a general dem...

Excerpt: ...l (2019) 33 CA5th 431, 456; People v. Clausen (1967) 248 CA2d 770, 785-786 "[Sluch granting of leave to amend must be construed as permission to the pleader to amend the cause of action which he pleaded in the pleading to which the demurrer has been sustained." ; see Harris v. Wachovia Mortg., FSB (2010) 185 CA4th 1018, 1023—plaintff may not amend the complaint to add a new cause of action without having obtained permission to do sol. Even cons...

Excerpt: ...omplaint (ROA #2), 15-17.1 Plaintiff alleges that she sought help from Knott's Berry Farm employees to prevent or avoid the attack but they refused to intervene or provide security assistance. [ld., "1 32, 33, 40, 41, 48.] A demurrer can be used only to challenge defects that appear within the "four corners" of the pleading — which includes the pleading, any exhibits attached, and matters of which the court is permitted to take judicial notice....

Excerpt: ...ng agents, employees, or agents who are most qualified to testify on its behalf as to the matters set forth in a notce of deposition, (2) produce the persons so designated for a designated for a deposition, and (3) produce the documents requested in Plaintiff's Notice of Deposition. Plaintiff's motion to compel further responses to form interrogatories was withdrawn. (ROA No. 232.) The motion is taken off calendar. MOTION TO COMPEL FURTHER RESPON...

Excerpt: ...ments produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond." (Code Civ. Proc., S 2031.280, subd. (a).) Plaintiff responded to the requests at issue with: "After diligent search and reasonable inquiry in an effort to comply with this request, Responding Party identifies and directs Propounding Party to the entire personnel file of Respondi...

Excerpt: ... CRC, Rule 3.1300(c). Furthermore, the opposition is 20 pages long with no table of contents or authorities. (See CRC, Rule 3.1113(d) ("no opening or responding memorandum may exceed 10 pages.") and (h) ("memorandum that exceeds 10 pages must include a table of contents and a table of authorities.").) CRC, Rule 3.1113(e) provides that a party may apply ex parte to file a memorandum that is longer than the proscribed limits. Plaintiff here did not...

Excerpt: ...that a defendant is liable for physical abuse or neglect, as they are defined in the Act, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse. (Welf. & nst. Code S 15657.) To prove "neglect" within the meaning of the Act, a plaintiff must allege facts establishing that defendant: "(1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, ...

Excerpt: .... (Leader v. Health Industries of Arm Inc. (2001) 89 Cal. App. 4th 603, 615.) A court may grant discretionary relief upon the moving party's showing of mistake, inadvertence, surprise or excusable neglect. (ld. at 615-616.) A court must grant mandatory relief upon a showing by an attorney declaration of mistake, inadvertence, surprise or neglect. (ld. at 616.) Courts have limited the application of the mandatory provision to those dismissals proc...