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...

Excerpt: ...n to the Motion to Compel Compliance with the Subpoena; and (3) Declaration of Leslie Anne Burnet in support of Defendant's Opposition to the Moton to Compel Compliance with Subpoena. The court can take judicial notice of these documents as they are court records. (Evidence Code S452(d).) RECONSIDERATION A motion for reconsideration must be based on new or different facts, circumstances or law. (CCP 51008.) The legislative intent was to restrict ...

Excerpt: ... judgment on the pleadings stating either the means by which the parties met and conferred and that they did not reach an agreement, or that opposing counsel did not respond to their request to meet and confer. (CCP 5439(3).) The motion is accompanied by Plaintiff's counsel, Laurel Buchanan, who states counsel discussed selling the property numerous times. The Reply includes a second declaration from Attorney Buchanan, which states the parties di...

Excerpt: ...gs. (ld.) Under C.C.P., S 2025.230, a party may depose an entity's person most qualified on a particular topic. The deposition notice must describe "with reasonable particularity the matters on which examination is requested." (ld.) The must "designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any inform...

Excerpt: ...ent to arbitrate exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; (b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court acton or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law ...

Excerpt: ... revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance ofa contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) If there is a dispute as to the enforceability of an agreement to arbitrate, an evidentiary hearing i...

Excerpt: ...ion is granted as to the first cause of achon without leave to amend. A defendant may move for judgment on the pleadings the complaint does not state facts sufficient to constitute a cause of action. (Cal. Code Civ. Code "A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleading or by matters that can be judicially noticed." (Cloud v. Northrop Grum...

Excerpt: ...ns were not reimbursed by PNC. 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. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been prope...

Excerpt: ...a variety of objections to Dr. Strom's declaration, i.e. lack of foundation, speculation, improper expert opinion, and hearsay. The objections are overruled as Dr. Strom has laid a proper foundation for his expert opinions. Dr. Jamal also submits objections to Dr. Bedford's declaration, i.e. misstates facts and evidence, speculative, improper expert opinion, and conclusory. As discussed further below, these objections are well-taken and they are ...

Excerpt: ...nd surgeons who have had substantial professional experience within the last five years while assigned to provide emergency medical coverage in a general acute care hospital emergency department. For purposes of this section, "substantial professional experience" shall be determined by the custom and practice of the manner in which emergency medical coverage is provided in general acute care hospital emergency departments in the same or similar l...

Excerpt: ....App.4th 935, 945; Code Civ. Proc., 5437c, subd. (p)(2).) "A cause of achon 'cannot be established' if the undisputed facts presented by defendant prove the contrary of plaintiff's allegations as a matter of law." (Brantly v. 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 or a defense...

Excerpt: ...anski v. Von's Grocery Co. (1983) 146 Cal.App.3d 29.) More in filing a substantive reply, Singh waived any defect or irregularity in the filing and service of the opposition. (See Carlton v. Quint (2(M) 77 Cal.App.4th 690, 697.) Accordingly, the court will give due consideration to Plaintiff's untimely opposition. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 430.10(e).) In eval...

Excerpt: ...Y JUDGMENT A motion for summary judgment shall be granted when no triable issue of material fact exists or the issue is one of law and the action can be terminated in favor of the moving party without the necessity of trial. (CCP S 437c; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant may alternatively move for summary adjudication as to a cause of action, but a motion for summary adjudication can only be granted if com...

Excerpt: ...Delgadillo v. Delgadillo, Case No. FLR12102703) between the same parties, relating to the same subject matter as in this case, namely the parties' rights over certain real properties and rental income derived from said properties. "In a proceeding for dissolution of marriage , the [family awl court has jurisdiction to inquire into and render any judgment and make orders that are appropriate concerning.... [91 [4] . [tlhe settlement of the propert...

Excerpt: ...t of $8,600.00 in attorney's fees for abuse of the discovery process in being uncooperative when scheduling the deposition, disrupting the deposition, coaching the witness and instructing the witness not to answer on unfounded grounds. Page 3 of 5 This motion is made pursuant to CCP SS 2023.010-2023.030, and is premised on the following grounds: 1. On May 27, 2022, Plaintiff filed a Motion to Compel Discovery from Defendant and request for moneta...

Excerpt: ...his state, a court rule, or an order of the court. (CCP S 436.) On a motion to strike, as with a demurrer, "the court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged." (Washington Int'l Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984, n. 2.) A motion to strike is the proper vehicle to attack a punitive damage claim where the facts alleged do...