Excerpt: ...ish 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 filings by both sides as well as an appeal. The Court...

Excerpt: ...1987.1 states, in part, "(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order q...

Excerpt: ...pel Further Responses to Special Interrogatories 9. Motion to Compel Further Responses to Special Interrogatories 10. Motion to Compel Further Responses to Special Interrogatories 11. Motion to Compel Further Responses to Special Interrogatories 12. Motion to Compel Further Responses to Special Interrogatories 13. Moton to Compel Further Responses to Special Interrogatories Defendants, Tam-Ky Pho-Do and Toa-Thanh Tay Ninh's (Defendants) Motions t...

Excerpt: ...ing party bears the burden of proving the existence of an applicable agreement. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972 (CAA) ["The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense"]; See also Ashbey v. Archstone P...

Excerpt: ...rected waives any right to exercise the option to produce writings under Secton 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Secton (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories." Here, Plaintiff has shown that he propounded Special Interrogatories, Set Two on Defend...

Excerpt: ...a The Ranch Scottish Highland Burgers, Rebecca Cupp, and Shad Cupp. The motion was filed on October 30, 2023 and served electronically on former defense counsel on October 26, 2023. A party may move for summary judgment in an action or proceeding if it is contended that the achon has no merit or that there is no defense to the action or proceeding. Code Civ. Proc. S 437c(a)(1). The motion may be made at any time after 50 days have elapsed since t...

Excerpt: ...ties should merely reference pleadings already filed in this matter by ROA number, rather than re-filing such documents as exhibits. Legal Standard Code of Civil Procedure section 527(a) states, "A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary...

Excerpt: ...implied or inferred from those expressly alleged in the complaint. [Citations.]" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) "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." (Code Civ. Proc. S 452.) Second Cause of Acton — Breach of Contract Plaintiff alleges ...