Excerpt: ...n its own record; citation to the record is sufficient. As it pe rtains to the County, the complaint contains a single cause of action directed towards it: (1) Premises Liability for Dangerous Condition of Public Property (Gov. Code § 835 et seq.). Government Code section 835 “prescribes the conditions under which a pu blic entity may be held liable for injuries caused by a dangerous condition of public property.” (Cordova v. City of Los Ang...

Excerpt: ...ternational, LLC and Crystal Yang move for an order for a prel iminary injunction that enjoins defendant Xing Huo and his employees, agents, and other persons working on his behalf from transferring ownership of or further encumbering the residential real property located at 19367 Via De La Cielo, Yorba Linda that is the subject of this action. A preliminary injunction is an order that is sought by a plaintiff before full adjudication of the meri...

Excerpt: ...ode. Code of Civil Procedure section 576 state s, “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” “If the motion to amend is timely made and the gr anting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a...

Excerpt: ... control and manage the premises” '…[Citation.]” (Kes ner v. Superior Court (2016) 1 Cal.5th 1132, 1158.) “Duty is not universal; not every defendant owes every plaintiff a duty of care. A duty exists only if ‘ “the plaintiff's interests are entitled to legal protection against the defendant's conduct.” ' [Citation.] Whether a duty exists is a question of law to be resolved by the court. [Citation.]” (Brown v. USA Taekownd...

Excerpt: ...edure that is painful, protracted, or intrusive [and] (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220, subd. (a).) Section 2032.220 permits a defendant in a personal injury case one physical examination of the plainti
¯ under certain conditions by simply serving a proper demand. But if the defendant seeks additional physical exams, he or she must obtain leave of co...

Excerpt: ...to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the cou...

Excerpt: ...tion of the party in question.” Id. at 851. A plainti
¯ moving for summary judgment satisÞes its initial burden by proving each element of the cause of action(s). CCP § 437c(p)(1); Aguilar v. Atlantic RichÞeld Co., supra, 25 Cal.4th at 850. If the plainti
¯ fails to meet its burden to make an initial showing, it is unnecessary for the court to examine the defendant's opposing evidence, and the motion must be denied. (Consumer Cause, Inc. v...

Excerpt: ...he complaint if it arises out of the same transaction, occurrence, or series of transactions or occurrences as the complaint. (Code Civ. Proc., § 426.10(c).) All other cross-complaints are permissive. The standard for granting leave depends on the type of crosscomplaint involved. Leave to Þle a compulsory cross-complaint is mandatory so long as the defendant is acting in good faith, even if leave is sought on the eve of trial. (Code Civ. Proc.,...

Excerpt: ... judicially noticeable. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. No extrinsic evidence can be considered. (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.) Here, Plainti
¯'s seek judicial notice of the declaration of Mingyan Ding. Such declaration is not subject to judicial notice under Evidence Code § 452. Accordingly, the request is DENIED. DEMURRER TO FAC “A demurrer tests the legal su
¯iciency of the factual allegations i...

Excerpt: ...With respect to the Þrst cause of action, the demurrer is sustained as Plainti
¯ has not alleged a “material” violation of Civil Code section 2923.5, as required to state a claim. (Civ. Code, §2924.19, subd. (a)(1).) “A material violation is one that a
¯ected the borrower's loan obligations, disrupted the borrower's loanmodiÞcation process, or otherwise harmed the borrower.” (Billesbach v. Specialized Loan Servicing, LLC (2021) 63 Ca...

Excerpt: ...ame time the answer to the complaint is Þled. (Code Civ. Proc., § 428.50, subd. (a).) A party who fails to plead a compulsory cross-complaint, whether through oversight, inadvertence, mistake, neglect or other cause, may seek leave to Þle a cross- complaint at any time during the course of the action. (Code Civ. Proc. Code, § 426.50.) A court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave...

Excerpt: ...he elements of its cause of action for breach of contract. 2. Defendant has no defense to plainti
¯'s cause of action for breach of contract. Defendant has opposed the motion, although it has not submitted any evidence in support of its oppositio n. It conced es that it has breach ed the promissor y note on which the action is based. It contends that while most of the facts are not in dispute, the motion cannot be granted because moving plainti
...

Excerpt: ...nish security in the amount of $100,000.00 within ten days in order to pursue her claims against Jocelyn Plummer in the crosscomplaint. The amount of security is based on the likely time and expense which would be expended by Jocelyn Plummer if she remains a party to the litigation. As discussed below, the litigation has been exceptionally contentious and has involved an extraordinary number of Þlings by both sides as well as an appeal. The Cour...

Excerpt: ...210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (Stendell) (2000) 22 Cal.4th 245, 255.) Plainti
¯ has failed to justify the objections. Instead, Plainti
¯ argues that Defendant's failure to timely respond to Plainti
¯'s discovery has delayed Plainti
¯'s a b i l i t y to provide responses. Defendant served responses to Plainti
¯'s discovery requests on July 17, 2023 (Reply, p. 2, lns. 7-8), therefore, Plainti
¯ has had over 5 months to respond to...

Excerpt: ...n from engaging in, committing, or performing, directly or indirectly, as to the four (4) foot wide Strip of Land described in paragraphs 5 through 9 of the amended complaint, from obstructing or interfering with Claudia's access to and use of such Strip of Land for her foot travel egress from the ear of her home at 11592 Desmond Street, Garden Grove, CA 92841 (Lot 35), to her front curb, and ingress from the front curb to the rear of her home, w...

Excerpt: ... protective order must issue because “a real possibility of Criminal Action remains open against Defendant.” (Motion, 10:8-9.) Defendant further argues that this is because any information Plainti
¯s seek during discovery will force Defendant to assert his Fifth Amendment rights, and forcing the Court to rule on this many assertions of the Fifth Amendment will be a waste of the parties and the Court's resources. However, as to the status of ...

Excerpt: ...n, or undue burden and expense.” (Code Civ. Proc., § 2031.060(b)(5).) This includes orders that: “a trade secret or other conÞdential research, development, or commercial information not be disclosed or be disclosed only to speciÞed persons or only in a speciÞed way.” (Ibid.) CCP § 2017.020 provides that: “The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearl...

Excerpt: ...ection 387 provides for mandatory and permissive intervention. Section 387, subdivision (d)(1) states the requirements for mandatory intervention: “(d)(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisÞed: (A) A provision of law confers an unconditional right to intervene. (B) The person seeking intervention claims an interest relating to the p...

Excerpt: ...tate a cause of action or discloses a complete defense.” (Id.) The Court assumes “the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) First Cause of Action – F...

Excerpt: ...rtions of the Laguna Beach Municipal Code, filed under ROA 92, is granted. The City's request for judicial notice of the grant deed by which Petitioners transferred the subject property to a third party on 9/24/21 is granted. The Court declines to take judicial notice of Petitioners' request for judicial notice of a Department of Housing and Community Development web page, filed in reply under ROA 110, as immaterial to the Court's decision. Legal...

Excerpt: ...may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) an answer to a particular interrogatory is evasive or incomplete; (2) an exercise of the option to produce documents under Code Civ. Proc. S 2030.230 is unwarranted or the required specification of those documents is inadequate; or (3) an objection to an interrogatory is without merit or too general. Under subdivision (b) of sec...

Excerpt: ...icient to state a cause of action or discloses a complete defense." (ld.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notce has been taken." (ld.) "A demurrer must dispose of an entire cause of action to be sustained." (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) First Cause of Acton - Brea...

Excerpt: ... was served on August 31, 2023, by electronic service to Vincent Renda at Pinnacle Legal, P.C., who was attorney of record for the defendants and crosscomplainants at the time. First and second causes of action for breach of contract and breach of the covenant of good faith and fair dealing. The first and second causes of action for breach of contract and breach the covenant of good faith and fair dealing, respectively, are based on a residential...

Excerpt: ...ings and discovery 'is unacceptable and should be eliminated.'" (Ibid.) "Courts must control the pace of litigation, reduce delay, and maintain a current docket so as to enable the just, expeditious, and efficient resolution of cases." (Ibid„ citing Gov. Code, 568607.) "Even where the civil discovery process is directed against an individual defendant who is also a defendant in a related criminal case, the Ninth Circuit has held that '[t]he Con...

Excerpt: ...(Code Civ. Proc. S 1033.5(a)(10)(A), (B) & In an action to enforce a contract authorizing an award of fees and costs to one party, the party "prevailing on the contract" is entitled to reasonable fees. (Civ. Code S 1717.) Here, there is no dispute that Dorber is the prevailing party under contract. There is also no dispute that the operative agreements contain attorney's fees provisions for a prevailing party. A court assessing attorneys' fees be...