Excerpt: ...rified responses were served (CCP § 2030.300(c)), must be accompanied by a separate statement (CRC 3.1325(c)) and a meet and confer declaration (CCP §2030.300(b)(1)). Upon a timely motion to compel further responses, the responding party has the burden to justify any objection or failure to fully respond to the interrogatory or request. (Fairmont Ins. Co. v. Superior Court (Stendell) (2000) 22 Cal.4th 245, 255.) The factors to determine whether...

Excerpt: ...tion shall be preserved for appellate review.” Only the Defendant filed evidentiary objections. The following are the objections deemed relevant to ruling on this motion, which the court ruled on as follows: Declaration of Jay Jamali: 1: SUSTAINED Evidence Code section 801, subdivision (b), states that a court must determine whether the matter that the expert relies on is of a type that an expert reasonably can rely on “in forming an opinion ...

Excerpt: ...arty who filed the pleading that is subject to demurrer or the motion to strike for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer or motion to strike. (emphasis added). The motion is accompanied by the declaration of Attorney Wanja Guy who states counsel reached out to plaintiff's counsel via email to discuss the issues. Plaintiff's counsel was on her wedding/honeymoo...

Excerpt: ...Request for Judicial Notice In support of their motion for summary judgment, both parties ask that the court take judicial notice of six documents: (1) Grant Deed recorded in Riverside County Recorder's Office on December 30, 1987; (2) Assignment and Conveyance (Tenneco West, Inc. to Tenneco Oil Company), recorded on November 18, 1988; (3) Assignment and Conveyance (Tenneco Oil Company to TOC‐Pacific Cost, Inc.) recorded on November 18, 1988; (...

Excerpt: ...of California (1990) 51 Cal. 3d 120, 125). The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Page 8 of 10 Cal. 4th 666, 672). However, a demurrer does not admit contentions, deductions or conclusions of fact or law. (Daar v. Yellow Cab C...

Excerpt: ...ns will be addressed in this tentative ruling. Analysis A. Meet & Confer CCP §430.41 and §435.5 requires a meet and confer process via phone or in person before filing a demurrer or motion to strike. The meet and confer process requires the moving party to identify the causes of action or allegations subject to attack and the plaintiff must provide legal support for its position. (CCP §430.41(a)(1), 435.5(a)(1).) Defendant complied. B. Request...

Excerpt: ...forceable and irrevocable, save upon such grounds as exist for the revocation of any contract.” Defendant contends that the Court should compel arbitration because a valid arbitration agreement exists between the parties and none of the above conditions under section 1281.2 apply to preclude its enforcement. The fact that parties have entered into a written arbitration agreement does not preclude a party from initially filing an action in court...

Excerpt: ...ld not come with a resolution. (Declaration of Daniel L. Ferguson, ¶¶2, 3.) The declaration shows that Wyndham Resort has satisfied its meet and confer obligation. Wyndham Resort demurs on the ground that the Complaint fails to state a cause of action as against this defendant. The Demurrer is entirely based on the notion that Plaintiff cannot avail themselves of the amendment under Code of Civil Procedure section 474 to bring Wyndham Resort in...