Excerpt: ...GREEN, as to why sanctons not to exceed $1,500.00 or dismissal should not be imposed for Failure to file request for entry of default of all defendants pursuant to CRC 3.110(g) The court is empowered to relieve a party "upon such terms as may be just... from a judgment, dismissal, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect." (C.C.P. S473(b).) C.C.P. 5473(b) contains t...

Excerpt: ...ve economic advantage, and negligent interference with prospective economic advantage. Because the recommendation is to sustain the demurrer without leave to amend on the tort causes of action, the motion to strike is granted as no underlying tort cause of achon has been stated on which to claim punitive damages under Civil Code section 3294. A demurrer also lies where the pleading does not state facts sufficient to constitute a cause of action. ...

Excerpt: ...ement; and (4) Local Agency Formation Commission of Riverside County Resolution No. 113- 07. These documents may be judicially noticed pursuant to Evid. Code S 452(c), which permits judicial notice of official acts of a legislative, executive or judicial department. Additionally, Plaintiff's request for judicial notice of Chapter 10.40 of the Perris Municipal Code is granted pursuant to Evid. Code S 452(b) as a legislative enactment. Finally, Pla...

Excerpt: ...2014) 230 Cal.App.4th 935, 945; Code Civ. Proc., 5437c, subd. (p)(2).) "A cause of action 'cannot be established' if the undisputed facts presented by defendant prove the contrary of plaintiff's allegations as a matter of law." (Brantlyv. Pisaro (1996) 42 Cal.App.4th 1591, 1597.) Only when defendant meets this burden, "the burden shifts to the plaintiff... to show that a triable issue of one or more material facts exists as to the cause of action...

Excerpt: ...nses, thereby rendering the substan
Ÿve of these mo
Ÿons moot. Cross-Complainant's request for relief from waiver of objec
Ÿons is denied. As to Sanc
Ÿons, it is denied. Failing to
Ÿmely respond to document demands or interrogatories waives all objec
Ÿons to the demands/interrogatories, including claims of privilege and work product. (CCP § 2030.(a), § 2031.300(a).) “The court, on mo
Ÿon, may relief that party from this waiver” on d...

Excerpt: ...The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law, and may consider exhibits attached to the complaint. (ld. at 732-33; Yvanova v. New Century Mortgage Corp. (2016) 52 Cal.4th 919, 924.) Specific factual allegations modify and limit inconsistent general statements. (Fin. Corp. of Am. v. Wilburn (1987) 189 Cal.App.3d 764, 769.) The court must interpret th...

Excerpt: ...or reasonably calculated to lead to the discovery of admissible evidence. (Vinson v. Superior Court (1987) 43 Cal.3d 833, 840.) A medical examination can be ordered for a specific injury that is put in controversy as the subject of the litigation. (Roberts v. Superior Court (1973) 9 Cal.3d 330, 337.) A motion to seek a second medical examination must identify the "time, place, manner, conditions, scope, and nature of the examination, as well as t...

Excerpt: ...f Civil Procedure section 1032, subdivision (b), which provides that "Except as otherwise expressly prov-ded by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." The costs which a prevailing party is allowed to recover under section 1032 includes attorney's fees authorized by (1) contract, (2) statute, or (3) law. (Code Civ. Proc., Here, it is undisputed that the moving Defendant's status ...

Excerpt: ...e if attorney's fees are reasonable, which involves multiplying the reasonable rate of services by the number of hours spent on the case. (Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1242.) The party seeking attorney's fees is not entitled to all hours they claim in an attorney fee request and must prove that the hours sought are reasonable and necessary. (Concepcion v. Amscan Holdings, Inc. (2014) 223 Cal.App.4th 1309, 1320.) Once the p...

Excerpt: ... S 437c(q) "In ruling on the motion, the court need only rule on those evidentiary objections that it deems material to disposition of the motion." ) 2) Declaration of Bob Walter: Objections are overruled as Mr. Walter establishes he is the President of the HOA and may testify as to the activites of Defendant. DEFENDANTS OBJECTIONS: Defendant objects to the Declaration of Michael Laichareonsup: 1) As to objection No. 1, the Court declines to rule...

Excerpt: ...., INC Tentative Ruling: Hearing continued to 6/5/23. 2. CVR12302503 MACK VS AZBEN, L.L.C. PRELIMINARY INJUNCTION Tentative Ruling: Plaintiff's Motion for Preliminary Injunction is denied; Temporary Restraining Order issued on 5/17/2023 is dissolved. A decision to grant or deny a preliminary injunction is not an ultimate adjudication of the dispute, but simply a provisional remedy intended to preserve the status quo pending a trial on the merits....

Excerpt: ...osition of Roger Stotts (Ex. 106) 68:21—69:6) for lack of personal knowledge, improper opinion testimony, legal conclusion, speculative, and irrelevant. "In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion." (CCP S 437c(q).) Here, the Court will not rule on the evidentiary objections as they are not disposit...

Excerpt: ...osition of Roger Stotts (Ex. 106) 68:21—69:6) for lack of personal knowledge, improper opinion testimony, legal conclusion, speculative, and irrelevant. "In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion." (CCP S 437c(q).) Here, the Court will not rule on the evidentiary objections as they are not disposit...

Excerpt: ...units and contends the photographs depict such work. (ld., '1 7.) The photos are properly authenticated and the objections are overruled. Page 6 of 8 PRELIMINARY INJUNCTION A decision to grant or deny a preliminary injunction is not an ultimate adjudication of the dispute, but simply a provisional remedy intended to preserve the status quo pending a trial on the merits. (Continental Baking Co. v. Katz (1968) 68 Cal.2d 512, 528; Hunt v. Superior C...

Excerpt: ...ersonal knowledge, inadmissible speculation and conclusions, inadmissible hearsay, irrelevant and prejudicial, improper legal conclusion, improper expert testimony, improper lay opinion testimony and conclusory). However, the declaration is based on Wallace's personal knowledge as it explains the accident from his perspective. In his memorandum in opposition, Plaintiff seemingly challenges the declaration on the ground it is selfserving by arguin...

Excerpt: ...f as it may be — Empire waived any defect or irregularity in the filing and service of the opposition. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) Accordingly, the gives due consideration to Plaintiffs' untimely opposition. REQUEST FOR JUDICIAL NOTICE Empire's unopposed request that the court take judicial notce of the Register of Actions for Tye v. Bowen is denied. While the court may take judicial notice of the files and records of...

Excerpt: ...ecessity indicating that the additional interrogatories are warranted because: (1) the complexity or quantity of existing or potential issues in the particular case; (2) the financial burden on a party entailed in conducting the discovery by oral deposition; or (3) the expedience of using this method of discovery to provide to the responding party the opportunity to conduct an inquiry, investigation or search of files or records to supply the inf...

Excerpt: ...oot. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP, S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Minre v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts whi...

Excerpt: ...; as to No. 20 it is limited to California; as to No. 33, it is limited to technical service bulletins that apply to the defects at issue in this lawsuit; as to Nos. 38 through 41, it is limited to codes used in California; and as to Nos. 45 and 46, it is limited to vehicles in California and to those vehicles that experienced the same issues as Plaintiffs' vehicles. As to sanctions, they are denied. A party may bring a motion to compel further r...

Excerpt: ...q.; Am. Mach. & Foundy Co. v. Pitchess (1968) 262 Cal.App.2d 490, 493.) To obtain a writ of possession, the plaintiff must file an application under oath and must include all of the following: (1) the basis of the plaintiff's claim that it is entitled to possession; (2) a showing that the property is wrongfully detained and of the manner in which defendant came into possession; (3) a particular description of the property and a statement of its v...

Excerpt: ...ablishes the right to entry of judgment as a matter of law. (CCP S 437c(c).) The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (CCP S 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Defendant, as the moving party, has the burden to show either that one or more elements of the cause of action cannot be established or that there is a co...

Excerpt: ...f is granted leave to amend within 20 days. Demurrer being sustained, the Motion to Strike is moot. REQUEST FOR JUDICIAL NOTICE: Evidence Code S 452 sets forth matters that judicial notice can be taken of, including court records, regulations, official acts of government entities, rules of the court, laws of other countries, and facts that are of common knowledge. Evidence Code S 451 sets forth matters where judicial notice must be taken. They in...

Excerpt: ...the times for serving and filing the cost memorandum or notice of motion to strike or tax costs for a period not to exceed 30 days." (ld. at The losing party may dispute any or all of the items in the prevailing party's costs memorandum. (CRC, Rule Technically, a motion to strike challenges the entire costs bill whereas a motion to tax challenges particular items or amounts. But, the terms are often used interchangeably and there is no difference...

Excerpt: ...d and cwersaw a network of medical clinics to generate fraudulent billings to workers' compensation and insurance carriers. A nonattorney, he also allegedly controlled the day-to-day operations of various law firms, including California Injury Lawyers (collectively, the law firm)." Heidary v. Superior Court (2018) 25 Cal.App.5th 110, 113 (Plaintiff appealed a decision denying a motion to set aside the indictment in RIF1670175). When injured worke...

Excerpt: ...dant specifying the deficiencies in Defendant's responses and requesting that they be corrected. (Thomas Decl., 10; Exh. D.) Defendant responded to Plaintiff's letter on March 6, 2023. (Thomas Decl. 11, Exh. E). Defendant identified some of the documents it had produced by subject matter and offered to produce additional documents subject to a protective order. (ld). On March 9, 2023 Plaintiff sent Defendant a second meet and confer letter explai...