Excerpt: ....App.4th 1494, 1500.) The burden is comparable to that of a party seeking a new trial on the ground of newly discovered evidence, i.e. the information must be such that the moving party could not with reasonable diligence have discovered or produced it at trial. (New York Times Co. v. Superior Court (Wall Street Network, Ltd.) (2005) 135 Cal.App.4th 206, 212‐213.) Plaintiffs have not provided any new or different facts, circumstances, or law. T...

Excerpt: ...unselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” “Except as otherwise provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (CCP § 1032(b).) CCP § 1033.5 expressly enumerates numerous items which are allowable as costs and other items that are not allowa...

Excerpt: ...id the trial court in determining the preliminary fact that a communication was made during the course of an attorney‐client relationship or to attempt to prevent disclosure of the communication. (League of Cal. Cities v. Sup. Ct. (2015) 241 Cal.App.4th 976, 992.) Page 5 of 10 A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond—i.e., he or she cannot reasonably determine wha...

Excerpt: ... Normally, such leave does not allow the pleader leave to add a new cause of action unless “the new cause of action directly responds to the court's reason for sustaining the earlier demurrer.” (Patrick v. Alacer Corp. (2008) 167 Cal.App.4th 995, 1015.) Defendant asserts that Plaintiff did not have leave to add the 6th cause of action to its First Amended Complaint in light of the court's previous rulings. A review of the court's minute order...

Excerpt: ...interrogatories/document production be filed in a timely manner. Grant sanctions of $1,030 to Plaintiff from Defendant due to tardiness of reply by defendant. These sanctions will be stayed pending hearing on any timely filed motion to compel further answers and the presently set Motion Seeking Relief from Waiver of Objections. GRANT Defendant's Request for Judicial Notice. Based on the result of the parties' meet and confer on this issue, the Co...

Excerpt: ...c).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (CCP §437c(c).) “In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been ...

Excerpt: ...ompel arbitration is in essence a suit in equity to compel specific performance of a contract. Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479. The petition to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. Cal. R. Ct. 3.1330; see Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218–219. “[U...

Excerpt: ...tective order may include, inter alia, that the deposition not be taken at all or that certain matters not be inquired into, or that the scope of the examination be limited to certain matters, etc. (CCP § 2025.420 (b)(1), (9), (10).) The motion must be accompanied by a meet and confer declaration. (CCP § 2025.420(a).) A party seeking a protective order must show good cause for issuance of the order by a preponderance of the evidence. (Stadish v...

Excerpt: ...e. A trial court's authority to disqualify an attorney derives from its inherent power to “control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.” (Code Civ. Proc., § 128(a)(5); see People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (SpeeDee); see al...

Excerpt: ....) When ruling on a motion to strike, the allegations of the pleading are assumed to be true and read in their context. (Clauson v. Superior Court (1998) 67 Cal. App. 4th 1253, 1255.) A pleading is to be liberally construed. (CLD Construction v. City of Ramon (2004) 120 Cal. App. 4th 1141, 1146.) The grounds for the motion must appear on the face of the pleading or from any matter of which the court is required to take judicial notice. (Cal. Civ....

Excerpt: ...itially set for the trial of the action. (b) Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings. In this case, the trial date was set for 12/10/21; therefore, the last day upon which Plaintiff was “entitled as a matter of right” to have this motion heard was November 24, 2021. Here, Plaintiff did not file its motion until November 23, 2021, with a motion hea...

Excerpt: ...d resolve the objections to be raised in the demurrer or motion to strike. (emphasis added). The demurrer is accompanied by the declaration of attorney Danielle J. Williams who states she met and conferred with plaintiff's counsel on November 3, 2021 and then followed up via email. It is not stated how the parties met and conferred so it is unclear if this conversation took place in person, via telephone, or in another way. But given that she fol...