Excerpt: ...Record Form submitted to the State by Dreambuilder dated February 18, 2020; Exhibit 2: Section 1-001 of the Caltrans Construction Manual entitled “Purpose” dated May 2018. GRANTED 2. Plaintiff seeks judicial notice of the following in support of its opposition: Exhibit 1: Caltrans 2018 Standard Specifications, Section 5- 1.43 – Potential Claims and Dispute Resolution, Pages 58 to 67; Exhibit 2: Caltrans 2018 Standard Specifications, Section...

Excerpt: ...er against defendant on 12/1/20. The plaintiff has the burden of proving: that the claim is one on which an attachment may be issued; the probable validity of such claim; and that the attachment is not sought for any purpose other than to secure recovery on the claim. (Code Civ. Proc., §484.090.) Types of claims subject to attachment: A claim upon which an attachment may be issued is a claim (1) for money based upon a contract, express or implie...

Excerpt: ... counsel states that Defendant was served with the summons and complaint on 8/12/20. This demurrer was not filed until 12/14/20, more than 30 days later. However, Defendant's counsel explains that on 8/20/20, Plaintiff's former counsel agreed that an amended complaint would be filed. (Eberhardt Decl. ¶ 4, Ex. B.) On 9/28/20, Plaintiff's counsel reiterated that an amended complaint would be filed soon. (Id. at ¶ 6.) However, Plaintiff retained n...

Excerpt: ...he subject of the cause of action alleged in the complaint. [¶] (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Eckler v. Neutrogena Corporation (2015) 238 Cal.App.4 th 433, 439 (Eckler), states, “ ‘A motion for judgment on the pleadings serves the function of a demurrer, challenging only defects on the face of the complaint.' [Citation.]' As with a demurrer, ‘[t]he grounds for ...

Excerpt: ...ection 483.015 or 483.020, if it finds all of the following: [¶] (1) The claim upon which the attachment is based is one upon which an attachment may be issued. [¶] (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. [¶] (3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. [¶] (4) The amount to be secured by the attachment i...

Excerpt: ...rue all allegations of fact contained in the cross-complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007)...

Excerpt: ...f the date of this order. Defendant and Cross-Complainant, Jacqueline Miller (“Miller”) moves, pursuant Code of Civil Procedure sections 2031.320 and 2023.030, for an order for issue sanctions and evidentiary sanctions against Cross-Defendant Bruce Elieff (“Elieff”), or in the alternative, striking Elieff's Answer in this case and entering default against Elieff. In addition, Miller moves for an order that Elieff and Elieff's attorney, Je...

Excerpt: ... section 800(b)(2). (Bader v. Anderson (2009) 179 Cal.App.4th 775, 793 (“Bader”).) California's demand requirement under Corporations Code section 800(b)(2) requires that the plaintiff in a shareholder derivative suit “ allege [] in the complaint with particularity plaintiff's efforts to secure from the board such action as plaintiff desires, or the reasons for not making such effort, and allege[] further that plaintiff has either informed ...

Excerpt: ...sion (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 protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violation...

Excerpt: ...l notice of documents previously filed in this case. CCP § 2023.010 states, in part, as follows: “Misuses of the discovery process include, but are not limited to, the following: . . [¶] (d) Failing to respond or submit to an authorized method of discovery. . . . [¶] (g) Disobeying a court order to provide discovery.” CCP § 2023.030, subdivision (d), provides, “To the extent authorized by the chapter governing any particular discovery m...

Excerpt: ...le. [¶] (c) If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party.” Code of Civil Procedure section 2030.230, states, “If the answer to an interrogatory would ne...

Excerpt: ...the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities. [¶] (2) A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item. [¶] (3) An objection t...

Excerpt: ...Cal. Rules of Court, rule 2.551(b)(1).) California Rules of Court rule 2.550(d) states, “The court may order that a record be filed under seal only if it expressly finds facts that establish: [¶] (1) There exists an overriding interest that overcomes the right of public access to the record; [¶] (2) The overriding interest supports sealing the record; [¶] (3) A substantial probability exists that the overriding interest will be prejudiced if...

Excerpt: ...tiff (Angelica Hermosillo) dismissed second cause of action without prejudice. On 3-9-21 under ROA No. 150, Plaintiff filed a Request for Dismissal that dismissed the battery cause of action. Based on these dismissals, the second cause of action is no longer pending before the court, and the Motion is MOOT as to the second cause of action. Therefore, the court will address the Motion as to the first cause of action for General Negligence based on...

Excerpt: ...Court has no jurisdiction to hold out-of-state residents in contempt of court or issue other sanctions. Such must be pursued in the witnesses' resident states under their own law. True, there are published cases in which disputes between the parties regarding out of state depositions were litigated in the California action. See International Ins. Co. v. Montrose Chemical Corp. (1991) 231 Cal.App.3d 1367, 1370, 1371 (compelling documents held by p...

Excerpt: ... RJN The Court grants Defendants' request to judicially notice the Complaint, FAC, and SAC from the 2015 case. (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 CA4th 97, 113; Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 CA4th 471, 482-484.) Moving Separate Statement Defendants' Separate Statement renders this Motion as one for summary judgment because all 128 Undisputed Facts are repeated as to all five distinct issues. Any one disputed...

Excerpt: ...rrent employees, including Plaintiff, on 12/2/19. (Crawford Decl., paras. 2-7.) After directing employees to review the new Handbook, Crawford's 12/2/19 email indicated that an “Associate Acknowledgement” form would be sent separately via DocuSign for associates to provide their electronic signature. This form was then distributed on 12/3/19 to employees, including Plaintiff. (Crawford Decl., paras. 7-8.) By signing the acknowledgement, each ...

Excerpt: ...under Code Civ. Proc. § 1987.1 (applicable to deposition subpoenas by Code Civ. Proc. § 2020.030). Nardone has established that Park was personally served with the deposition subpoena on 8-6-20. (Exhibit A to Declaration of Joseph Ferrucci.) Nardone further established that Park served objections, and that Park stated in an email, “Given the objections we have served, I think the only fair reading is I do not intend to appear on Monday. As to...

Excerpt: ...., ¶¶ 5-6, Ex. B.) The parties were unable to agree on amended request nos. 2, 3, 4, 8 and 9 (the “Requests”), which are the subject of the current Motion. (Id.) 2. Any and all DOCUMENTS including ESI which evidence, constitute, refer or RELATE TO contracts and/or agreemetns, including contract renewals and contract amendments, between YOU and the HOA RELATING TO the maintenance and repair of THE SPRINGS from January 2010 to present. 3. Any...

Excerpt: ...jection to an interrogatory is without merit or too general. Code Civ. Proc. § 2030.300(a). Plaintiff moves to compel GM's further responses to her form interrogatories numbered 12.1 and 15.1. Form Interrogatory 12.1 requests the name, address, and telephone number of each individual who witnessed the “INCIDENT,” or events before or after, who made any statements at the scene of the “INCIDENT, who heard any statements about the “INCIDENT...

Excerpt: ...d and response were at issue. (C.R.C. 3.1345(b)(1).) And although the discovery cut-off is now imminent, that is due at least in part to Plaintiff's complete refusal to appear for the subject IMEs. The Court will thus schedule an imminent date for each, but will consider a brief trial continuance if necessary to allow for same. On the merits, MPs are correct that they at least arguably can each demand a separate IME under C.C.P. § 2032.220. But ...

Excerpt: ...with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” If a party on whom an inspection demand is served fails to make a response, the demanding party may move for an order compel...

Excerpt: ...es.” Code of Civil Procedure section 418.10, subdivision (a)(1), provides, “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: [¶] (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” “A state court's assertion of personal juris...

Excerpt: ...ball arbitration” to resolve the parties' dispute as to the amount of monthly rent to be paid by Plaintiff. Defendant did not participate in the arbitration, and under the Second Amendment to the lease, Plaintiff began paying a reduced rent based on the unilateral decision of the consultant/arbitrator selected by Plaintiff. Code of Civil Procedure section 1288 sets a 100-day deadline to file a motion to vacate or correct an arbitration award: �...

Excerpt: ... burden of proof to show that there was a complete defense under Civ. Code, § 3439.09 to these causes of action. Statute of Limitations: Civ. Code, § 3439.09 provides that “A cause of action with respect to a transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section 3439.07 or levy made as provided in subdivision (b) or (c) of Section 3439.07: (a) Under paragraph (1) of subdivisi...