Excerpt: ...ow 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).) A party to the action may also move for summary adjudication if that party contends there is no merit to one or more of the causes of action. of Civil Procedure section 437c(f)(1).) The moving party bears the initial burden of establishing that one or more elements of a cause of a...

Excerpt: ... abuse, a survivorship cause of action by Shelley Markstein as successorin-interest to her mother, decedent Loretta Cooper; and (2) wrongful death, brought by Ms. Markstein individually. 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 (2010) 189 Cal.App.4th 1399, 1...

Excerpt: ...s to Exhibit B, the court takes judicial notice the declaration was filed but does not take judicial notce of the contents therein. Plaintiff's supplemental request for judicial notice filed July 6, 2023 is denied as it was submitted with the reply brief and defendants have had no opportunity to be heard on this issue. Defendants' objections 2, 5, 7—13, 16—19, 24, and 29 are sustained; objection 3 is overruled given the ruling on plaintiffs r...

Excerpt: ...tative ruling tentatively granting, in part, the motion for monetary sanctions as against Chase Meister and KDH Law and indicating the court had not considered plaintiff's untimely opposition. Oral argument was requested, but before it was heard, plaintiff sought an order by ex parte application for the court to consider plaintiffs opposition, which the court granted only as to those portions of the opposition that address the legality of an orde...

Excerpt: ...deny the motion on this procedural issue alone; however, the court exercises its discretion to reach the merits in light of plaintiff's filed opposition. On the court's own motion, the court takes judicial notice of the entire court file. This action for unlawful detainer was initially filed July 26, 2022. Defendant Storer filed a demurrer August 5, 2022, which was sustained with leave. Plaintiff filed an amended complaint August 24, 2022. The pr...

Excerpt: ...tiff and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999-1000.) The plaintiff has the burden of showing plaintiff would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, 838.) Plaintiff has made a sufficient showing that the balancing of hardships weigh in favor of plain...

Excerpt: ...years as required in Sections 583.210 and 583.250 while also failing to bring the matter to trial within five years under Sections 583.310 and 583.50. As it pertains to the mandatory three year dismissal statute, the general appearance of the defendant within the statutory period prevents such a dismissal. (Code of Civil Procedure secton 583.220.) Defendants filed answers to the original complaint on May 3, 2021, making general appearances in the...

Excerpt: ...set one, within ten days of service of the signed order after hearing. Defendant's Motion to Compel Responses to Request for Production of Documents As an initial matter, the court continued the moton in light of a purported agreement reached by the parties. The court, however, has not received any further information as to this agreement and will proceed to hear the substance of the motion. The unopposed motion is granted. Plaintiff Michael Care...

Excerpt: ...t of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (7-Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145.) A presumption of fairness exists where: (1) the settlement was reached through armslength bargaining; (2) the investigation and discovery were sufficient to allow class counsel and the court to act intelligently; (3) class counsel is exper...

Excerpt: ...ng, not the truth of the plaintiff's allegations or accuracy' of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 504.) The SAC is reviewed keeping these principles in mind. Both causes of achon remain barred under the version of Civil Code sec...

Excerpt: ...r, although it is signed by Ms. Dolmo. Ms. Dolmo's address and telephone number are not included on the memorandum of points and authorities. The moving papers as submitted violate the Code of Civil Procedure section 128.7(a), which requires that every "pleading, petition, written notce of motion, or other similar paper" shall be signed by the attorney of record or, if not represented, by the party. Further, "[e]ach paper shall state the signer's...

Excerpt: ...cts sufficient to constitute a cause of action or when the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), (f).) 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 matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materi...

Excerpt: ... the declaration of Marcus Contrado, MD, MPH is sustained as the declaration is extrinsic to the pleading and is not subject to judicial notice. A party may demur where the pleading does not state facts sufficient to constitute a cause of action or when the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described c...

Excerpt: ...1993 trust"), moves for summary judgment or, in the alternative, summary adjudication, as to the fifth cause of achon as against defendant individually, all causes of action as against defendant as successor trustee of the 2013 trust, and all causes of action otherwise. Defendant's request for judicial notce is granted. 5 A party is entitled to bring a motion for summary judgment where there are no triable issues of fact and the moving party is e...

Excerpt: ...re Cellphone Fee Termination Cases (2010) 186 Cal.App.4th 1380, 1389.) When reviewing the fairness of the settlement, the court is to give due regard to the parties' agreement, ensuring that the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (7-Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145.) A presumption of fa...

Excerpt: ...udicial notice of plaintiff's first amended complaint filed May 11, 2021 and cross-complainants' first amended cross- complaint filed March 10, 2022. Cross-defendant's objections to cross-complainants' separate statement of facts are overruled. Cross-complainants' objections to portions of the declaration of Robert Lawton and several exhibits thereto are overruled. Cross-complainants' separate statement of undisputed facts does not separately ide...

Excerpt: ...ure to abide by the court's turnover order and (2) failure to comply with the order of examination. "The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court: ... (5) Disobedience of any lawful judgment, order, or process of the court." (Code Civ. Proc., S 1209, subd. (a)(5).) "Every court shall have the power to do all of the following: ... (4) To compel obedience to it...

Excerpt: ...nsider whether the party seeking the injunction is likely to prevail on the merits" and balances the relative harm to the parties. (Mitsui Manufacturers Bank v. Texas Commerce Bank-Ford Worth (2d Dist. 1984) 159 Cal.App.3d 1051, 1059.) The plaintiff has the burden of showing they would be harmed without a preliminary injunction. (Casmalia Resources, Ltd. v. County of Santa Barbara (2d Dist. 1987) 195 Cal.App.3d 827, 838.) The more likely it is a ...

Excerpt: ...ver, plaintiff Vanessa Kuzel is admonished that repeated conduct of failing to comply with discovery obligations may lead the court to find an abuse of the discovery process and award sanctions on that basis, including terminating sanctions. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, overruled on other grounds in Garcia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4.) Defendant's Mohon to Compel Further Responses Specia...

Excerpt: ...1981) 123 Cal.App.3d 593, 504.) The court reviews the FAC keeping this in mind. Here, defendant challenges the single cause of action for declaratory relief alleged in the FAC. An action for declaratory relief requires an actual controversy relating to the legal rights and duties of the parties. (Code of Civil Procedure secton 1060.) It is only appropriate where there is an actual controversy and not an abstract or academic dispute. (Connerly v. ...

Excerpt: ...en discovery against multiple individuals. It appears some of the requests to compel are, in actuality, requests to compel further responses. A motion to compel further responses generally requires the filing of a separate statement, which has not been filed here. (California Rules of Court, Rule 3.1345.) It also appears defendants are attempting to compel responses from non-parties who have not been properly served. It is also worth noting that ...

Excerpt: ...ng a moton for summary judgment where there are no triable issues of fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc„ S 437c, subd. The 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. (ld. subd. Only when this initial burden is met dæs the burden shift to the opposing party ...

Excerpt: ...30.10, subds. (e), (f).) 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 allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions...

Excerpt: ...urther meet and confer efforts. The court continues this motion to July 18, 2023 at 8:30 a.m. in Department 42 to be heard together with plaintiffs' ten other motions to compel further responses. The parties are directed to further meet and confer in good faith towards resolution of these discovery disputes. If the parties' further meet and confer efforts are unsuccessful, it is the court's 6 intention to appoint a discovery referee pursuant to C...

Excerpt: ... to claim punitive damages against a health care provider. The court may grant such leave if plaintiff establishes through supporting and opposing affidavits "there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code." (Code Civ. Proc„ S 425.13, subd. (a).) To support punitive damages, plaintiffs must allege ultimate facts supporting a finding by clear and convincing evidence of o...