Excerpt: ...If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: [¶] (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 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 Section 2018.010). The court, on motion, may...

Excerpt: ...ngible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” Defendants moves to compel answers to 12 questions. Plaintiff's counsel instructed Plaintiff not to answer Questions 1-11 based on an assertion of attorney-client privilege, and Question 12 based on an assertion of third-party privacy. Qu...

Excerpt: ... 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, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information,...

Excerpt: ...rbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for the revocation of the agreement.” Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 58 Cal.Rptr.2d 875, 926 P.2d 1061 (Rosenthal ), our Supreme Court set forth the procedure to be followed when ...

Excerpt: ...ceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.” Code of Civil Procedure section 377.32 states, “(a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent's successor in interest under this article, shall execute and file an affidavit ...

Excerpt: ...be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851, (Aguilar), states, “Second, and generally, the party moving for summary judgment bears an initial bu...

Excerpt: ... addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Apart from the included actions in this matter, are there any actions, whether individual, class, or PAGA (pending or in the pre-filing LWDA stage) that may be affected by this settlement? 2. Please provide copies of all class representatives' pre-filing letters to the LWDA (and any amendments thereto...

Excerpt: ...eged 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 (2012) 209 Cal.App.4th 122...

Excerpt: ...an equitable action by means of which a plaintiff may recover money or property obtained from the plaintiff or persons represented by the plaintiff through unfair or unlawful business practices. It is not an all-purpose substitute for a tort or contract action.” Cortez v. Purolator Air Filtration Products Co. (2000) 23 Cal.4th 163, 173; see also Nationwide Biweekly Administration, Inc. v. Superior Court (2020) 9 Cal.5th 279, 301-305 [UCL is an ...

Excerpt: ...e not material to the disposition of the Motion. APPOINTMENT OF A RECEIVER: Vivera moves for appointment of a receiver pursuant to Code of Civil Procedure sections 564(b)(1) and 564(b)(9). Code of Civil Procedure section 564, subdivision (b) states in pertinent part: “A receiver may be appointed by the court in which an action or proceeding is pending, or by a judge of that court, in the following cases: [¶] (1) In an action by a vendor to vac...

Excerpt: ...out notice to the opposing party.” Code of Civil Procedure section 526(a) provides, “(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits ...

Excerpt: ... by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060.) If the opposing party challenges the validity of that signature, however, the moving party must “establish by a preponderance of the evidence that the signature was authentic.” (Ibid.) Here, Plaintiffs challenge the authenticity of the RISC submitte...

Excerpt: ...App.4th 1, 15.) Defendant has failed to meet this burden. First, contrary to Defendant's contentions, Plaintiff did not expressly agree to arbitrate her claims against Defendant HYUNDAI. The arbitration agreement explicitly requires only that the Plaintiff and the signatory-seller to resolve “any dispute between us”—i.e., any disputes between plaintiffs and the nonparty seller (including the seller's employees, agents, assigns)—by binding...

Excerpt: ... B thereto). Moreover, there appears to be no dispute that all moving Defendants are entitled to enforce the Agreement. Per the Acknowledgement, the term “Company” is defined as “Lennar Corporation and all of its subsidiaries affiliate companies.” (¶6 and ¶9 of Barnes Declaration, as well as Exhibit D thereto; See also ¶3 of Cruz Declaration and Exhibit B thereto). Additionally, per the Acknowledgement, the ADR Policy includes claims a...

Excerpt: ...t page 16 of Plaintiff's opposition brief. Code of Civil Procedure Section 2025.450(a) provides that if a party witness fails to appear, without having served a valid objection, the noticing party may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. On 05/12/2022, Moving Defendant served ...

Excerpt: ...ny scope as to time or the Hyundai Sonata model for which the documents are sought. 2. Request No. 31 Request No. 31 states: “All communications between Hyundai executives and various employees about the manufacturing defect of the subject vehicle's engine.” Plaintiffs claim these communications establish the fraud alleged in Plaintiffs' complaint. Plaintiffs provided the names of 36 executives who they suspect were involved in the communicat...

Excerpt: ...ion, 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 quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including pro...

Excerpt: ...thority to rule on motions to compel other than to deny them. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) Here, Plaintiffs assert that the motion is timely because “Defendant's counsel granted Plaintiffs a four (4) week extension to file the present motion in exchange for a reciprocal extension to allow the parties to continue their meet and confer efforts. [Citation.]” (Motion, 5:12-14; (Declaration of Assal Assassi (“Assa...

Excerpt: ...R Investment Properties, LLC (“Plaintiffs”). Additional Papers Filed Without Leave of Court The hearing on this motion was continued to allow Defendants and Plaintiffs to properly serve their moving, opposing, and reply papers on Cross-Defendants Sunnyside Group and Charles Roh. Plaintiffs and Defendants have shown that the papers were provided to all parties. Since the last hearing, Plaintiffs and Defendants served and filed supplemental pap...

Excerpt: ...ED as follows. Moving Party is to give notice. Defendant/Cross-Complainant Noman R. Khan (aka Norman Khan) (“Defendant”) seeks an order compelling Plaintiff Shazia Khanum (“Plaintiff”) to provide further responses to: (1) Form Interrogatories, Set No. One (“Form Rogs”); and (2) Request for Production of Documents, Set No. One (“RFPs”). Code of Civil Procedure sections 2030.300 and 2031.310 allow a party to file a motion compelling...

Excerpt: ...tion, which was taken on September 13, 2021; (2) compelling production of documents from Underwood over the objections of Plaintiffs and their counsel at least seven days before the second session of Underwood's deposition is to take place; and (3) compelling production of a privilege log setting forth sufficient factual information for the Soderling Defendants to evaluate the merits of any privilege asserted blocking production of any otherwise ...

Excerpt: ...ployee Handbook” and agreed to “abide by these rules during my employment”. (However, defendant did not provide the court with the actual handbook that allegedly contains the arbitration agreement to show that plaintiff in fact received the arbitration agreement on June 26, 2017.) On July 3, 2017, after plaintiff's week of training, plaintiff signed the arbitration agreement in the employee handbook. Around July 26, 2017, plaintiff signed a...

Excerpt: ...rive, Dana Point, California 92629 (the “Property”). Plaintiff alleges she and her husband purchased the Property with Defendants as an investment with each party owning a one-quarter interest. Plaintiff alleges the parties entered into an oral agreement in 1992 whereby Plaintiff and her husband would be removed from the title to facilitate a refinance on the Property, after which time Defendants would transfer Plaintiff and her husband back ...

Excerpt: ....4th 116, 134; Banke & Segal, Cal. Practice Guide: Civ. Proc. Before Trial, Statutes of Limitations (The Rutter Group 2022) ¶ 4:131.) Here, the undisputed facts show plaintiff filed this case on 11/4/20, more than 4 years after the 9/12/13 delivery. (See Def. SSUF #1, 28.) Plaintiffs have not met their shifted burden to show a triable issue of material fact. (Code Civ. Proc., § 437c, subd. (p)(2) [burden].) 2nd cause of action, breach of expres...

Excerpt: ...tions must be submitted as well. In addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Are there any other actions, whether individual, class, or PAGA (pending or in the pre-filing LWDA stage) that may be affected by this settlement? 2. Please provide for 60 days, rather than 45, for opt-outs, objections, and disputes. 3. Paragraph 47(i) of the agreeme...