Excerpt: ... move for summary adjudication as to one or more causes of action. Code Civ. Proc. § 437c(f)(1). The moving party has the burden of showing undisputed facts establishing every element necessary to sustain a judgment in favor of the party. Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, th...

Excerpt: ...25) and nos. 136‐137 (following the original ¶ 137). Where the court refers to repeated paragraph numbers herein, the second instance of each number is designated by an asterisk (e.g., 115*). If the complaint is amended (see below), the amended complaint should comply with all applicable Rules of Court. Demurrer to complaint by First American, Bernier, and McDermott Defendants First American Title Company, Jessica Bernier, and Caryn McDermott ...

Excerpt: ...showing of new or different facts, circumstances, or law along with a satisfactory explanation as to why the evidence was not presented at an earlier time. (Code Civ. Proc., § 1008; Shiffer v. CBS Corp. (1st Dist. 2015) 240 Cal.App.4th 246, 255.) The moving party bears the burden of showing that the 2 information supporting reconsideration is such that the moving party could not, with reasonable diligence, have discovered or produced it at trial...

Excerpt: ...n The arbitration statutes evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d Dist. 2010) 189 Cal.App.4th 1399, 1405.) Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. (Cruise v. Kroger Co. (2d...

Excerpt: ...sufficient to constitute a cause of action. C.C.P. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicial...

Excerpt: ... for sanctions, while acknowledging the need for production as described below. A party demanding inspection, copying, testing, or sampling of documents, tangible things, electronically store information and other property— here referred to as a request for production—may move to compel a further response to the demand where the responding party's statements of compliance or representations of inability to comply are incomplete or otherwise i...

Excerpt: ...ative or duplicative; or is obtainable from some other source that is more convenient, less burdensome, or less expensive; or whether the discovery method employed is unduly burdensome or expensive taking into account the need of the case and the importance of the issues at stake. Code of Civil Procedure section 2019.030. Church's request for an order excusing it from responding to any of plaintiff's special interrogatories is denied except as pr...

Excerpt: ... the Motion Defendants' demurrer to the SAC is overruled. A party may demur where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no ma...

Excerpt: ...ts from threatening plaintiff with legal action. Evidentiary Rulings Plaintiff's requests for judicial notice are granted and defendants' objection thereto is overruled. Defendants' objections to portions of the Wiener declaration are overruled. Ruling on the Motion The court may grant a preliminary injunction when it appears from the complaint the plaintiff is entitled to the demanded relief and the plaintiff would suffer irreparable injury if t...

Excerpt: ...ded in California Rules of Court, rule 3.1324. Furthermore, the declaration in support of the motion was untimely filed. (Code Civ. Proc., § 1005.) Ms. Dolmo filed a “First Amended Cross‐Complaint” on July 19, 2022 without leave of court to do so. This filing is ordered stricken. Finally, Ms. Dolmo lodged several exhibits with the court in support of this motion designated as “sealed exhibits.” No notice of motion to seal was filed and...

Excerpt: ...ome. The matter was set for hearing and, at defendants' request, continued to permit them to retain counsel and submit their formal opposition to the application for right to attach order. Prejudgment attachment is available on a contract claim for money where the claim is fixed or readily ascertainable in an amount not less than $500. Attachment is not available where the claim is fully secured by real property. Where attachment is sought agains...

Excerpt: ...rty is entitled to judgment as a matter of law. (Code Civ. Proc., §§ 437c, subd. (c); 1170.7.) The moving party has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in its favor. (Consumer Cause, Inc. v. SmileCare (2d Dist. 2001) 91 Cal.App.4th 454, 468.) In reviewing a motion for summary judgment, the court must view the supporting evidence, and inferences reasonably drawn from such evidence...

Excerpt: ...defendant bears the initial burden of establishing 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. (Id. subd. (p)(2).) Only when this initial burden is met does the burden shift to the opposing party to show a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the supporting evidence, and inferences reasona...

Excerpt: ...Rules of Court, Rule 7.955(a)(1); Schulz v. Jeppesen Sanderson, Inc. (2018) 27 Cal.App.5th 1167, 1174.) This includes the court weighing the factors set forth in Rule 7.955. (Ibid.) The court has carefully considered and weighed the factors, determining that a reduction is necessary to reflect a reasonable award. Anson's injuries arise from a high speed collision where he was a passenger in his parents' vehicle. Anson, his brother Alden, his moth...

Excerpt: ... in light of plaintiff's agreement to arbitration pursuant the terms of defendant's dispute resolution program. A petition seeking to compel arbitration under the FAA may be brought in state court. (Southland Corp. v. Keating (1984) 465 U.S. 1, 16; Main v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1977) 67 Cal.App.3d 19, 24, disapproved of on other grounds in Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394.) The FAA...

Excerpt: ...property taxes for the subject property. Defendant's response stated an inability to either admit or deny. Plaintiff later prevailed on her motion for summary adjudication as to defendant's twelfth affirmative defense for adverse possession. Plaintiff asserts the failure to admit to RFA no. 24 negated a key element to the adverse possession defense. The purpose of requests for admissions is to resolve triable issues, short of trial, to expedite t...

Excerpt: ...e of summons and first amended complaint is granted. Defendant seeks to quash service based on defective service and the doctrine of tribal sovereign immunity. As to defective service, this court previously granted a motion to quash based on sovereign immunity. Plaintiff's proof of service filed April 22, 2022 showing mailed service on defense counsel on March 26, 2022. However, following a successful motion to quash, service must be personally s...

Excerpt: ... for $70,056.50 is reasonable. Determining the reasonable amount of attorney's fees begins with the lodestar method, that is, the number of hours reasonably expended multiplied by the reasonable hourly rate. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) The lodestar figure may then be adjusted, based upon factors specific to the case, to fix the fees at a fair market value for the legal services provided. (Ibid.) The court carefully revie...

Excerpt: ...nduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. The demurrer ...

Excerpt: ... shall grant a motion for summary judgment if “all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” (Code of Civil Procedure section 437c(c).) The moving party bears the initial burden of establishing that one or more elements of a cause of action cannot be established or there is a complete defense to the cause of action. (Id. at 437c(p)(2).) ...

Excerpt: ... granted as to Exhibits 1 and 2 under Evidence Code section 452. The request is denied as to Exhibit 3. Plaintiff's request for judicial notice is denied. Ruling on Demurrer The demurrer is sustained in part. Defendants' demurrer is limited in scope. They challenge all six causes of action under Code of Civil Procedure section 430.10(a) and (c), arguing the court has no jurisdiction over the subject of the causes of action in the complaint as the...

Excerpt: ...fferee fails to obtain a more favorable judgment or award, costs allowable under Code of Civil Procedure section 1032 may be augmented. Code Civ. Proc. § 998(c), (d). In such circumstances, the court may order defendant to pay reasonable fees for plaintiff's expert witnesses in preparation for and/or during trial of the case. Code Civ. Proc. § 998(d). Further, when a party serves successive unrevoked and unaccepted § 998 offers and defendant f...

Excerpt: ...the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) However, the court does not assume the truth of contentio...

Excerpt: ...e court shall declare, including protective orders." C.C.P. § 1987.1(a). The court may also make "any other order as may be appropriate to protect the [moving person] from unreasonable or oppressive demands, including unreasonable violations of the right to privacy of the person." Id. Parks asserts that requests 1‐12 and 15‐ 16 are irrelevant and overbroad, and they seek private, privileged information. In particular, Parks relies on the tax...

Excerpt: ...bit 10 because trial court decisions of other courts have no binding or persuasive authority on this court. Plaintiff's objections to PTC's reply evidence are overruled and the accompanying motion to strike is denied. PTC's objections to the declarations of plaintiff and Anita Prasad are overruled and the accompanying motion to strike is denied. Ruling on the Motion to Dismiss PTC first contends dismissal is mandatory because service of summons o...