Excerpt: ...se is without merit or too general), that party may file a moton compelling further responses. (CCP S 2030.300.) upon a timely motion, 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 a motion to compel should be granted include: (1) the relationship of the informati...

Excerpt: ...licting rulings on common issues. (CCP 51281.2.) A proceeding to compel 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 Conde...

Excerpt: ... with the opposition. Objections 1 through 8 are overruled. Meet and Confer: A moton to compel further responses to written discovery must be accompanied by a declaration describing in detail the reasonable and good faith efforts that each party has made to confer and resolve informally each issue presented by the motion. (CCP SS 2030.300(b); 2031.310(b)(2); 2016.040.) The purpose of the meet and confer requirement is to force lav.yers to reexami...

Excerpt: ...s. (C.C.P., S 2031.310.) The motion must be served within 45 days after service of a verified response (C.C.P., S 1010.6(a)(4)) and must be accompanied by a declaration showng "a reasonable and good faith attempt" to resolve the issues informally outside of court. (C.C.P., S 2016.040, 2031.310(b)(2).) The motion to compel further responses "shall set forth specific facts showing good cause justifying the discovery sought by the demand." (C.c.p., ...

Excerpt: ...Ohio judgment was entered on August 8, 2022 and the application for sister state judgment was filed September 7, 2022. As of the time of filing of the application for sister state judgment appears that judgment creditor had not yet sold the residence at a sheriff's sale as ordered by the court. Further, in their opposition to this motion, filed December 5, 2022, there was no mention that the residence had been sold as directed by the court. Judgm...

Excerpt: ...t plaintiff does not possess and cannot reasonably obtain needed evidence. C.C.P. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. When a defendant has met her burden, it then shifts to plaintiff to show that a triable issue of fact exists. Defendant has brought a moton for summary judgment. It does not seek summary adjudication in the alternative. As such, if it falls to meet its burden as to one of the causes of action, the entire motio...

Excerpt: ...um totals 19 pages (excluding the caption page, the notce of motion, exhibits, declarations, attachments, table of contents, table of authorities, and proof of service), in violation of C.R.C. Rule 3.1113(d). Pursuant to C.R.C. Rule 3.1113(g), "A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed pa#r." As it relates to late-filed papers, C.R.C. Rule 3.131W(d) holds Page 3 of 7 a...

Excerpt: ...y be equitable." C.C.P„ S 874.040 has been interpreted as giving the court the authority to apportion costs, including attorney's fees in favor of one side and against the other, when the equities warrant such an allocation. (Lin v. Jeng (2012) 203 cal.App.4th 1008, 1025. see also Finney v. Gomez (2003) 111 cal.App.4th 527, 545 (CCP S 874.040 "has been consistently interpreted as giving courts only two options in apportioning the costs and fees...

Excerpt: ...ve damages claim where facts alleged may not rise to the level of fraud, malice or oppression. (CCP SS 435-436; Truman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 53.) Oppression means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights, while malice means conduct which is intended to cause injury or despicable conduct which is carried out with a willful and...

Excerpt: ...nctions, the Defendant is ordered to pay Plaintiff in a reasonable reduced amount of $1,110, payable within 30 days. Where responses to document requests have been timely filed but are deemed deficient by the requesting party (e.g., the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general), that party may file a moton compelling further responses. (C.C.P., S 2031.310.) The motion must be ...

Excerpt: ...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 contract, statute, or law. (Code Civ. Proc., Here, Petitioners' motion seeks award of fees and cost as authorized by statute, particularly Government Code sections 3309.5 and 800, Code of Civil Procedure section 1094.5, and the private at...

Excerpt: ...eral. (CCP 2031.310.) Unless notice of the motion is given within 45 days of the service of the response, or any supplemental response, or on or before any specific later date to which the party and the responding party have agreed in writing, the propounding party waives any right to compel a further response. (CCP SS 2031.310(c).) Plaintiff's counsel states that Defendant served responses on 9/21/22, but did not state by what means as she did n...

Excerpt: ...a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action." For purposes of settlement, Defendant, HMA, does not dispute that Plaintiff is the prevailing party. The only question to be determined by this motion is the amount of the award to Plaintiff. The...

Excerpt: ... the second amended complaint (SAC) which alleged three causes of action for breach of oral contract, promissory estoppel, and constructive trust. Plaintiff alleged he and Defendant had begun an intimate relationship on or about June 16, 2011. In August 2012, they discussed the next steps in their relationship, including getting engaged and purchasing a home together. It was alleged that they got engaged and entered into an oral contract in which...

Excerpt: ...tiff's expert, a surgeon and neurosurgeon, Dr. Fox, had qualifications not possessed by the other specialists, that a higher standard of care would be applicable to a neurosurgeon than to doctors engaged in other specialties, and that his declaration as to the standard of care could be rejected on the basis that he is in a sense overqualified. (ld. at p. 38.) The court concluded the determinative issue in each case must be whether the witness has...

Excerpt: ...dismissing a case on the basis of the anti-SLAPP statute has the same effect as a final judgment." (Ellis Law Group, LLP v. Nevada City Sugar Loaf Properties, LLC (2014) 230 Cal.App.4th 244, 251.) As such, the court denies Plaintiff's request to conduct discovery. A prevailing defendant on an anti SLAPP motion shall be entitled to recover his attorney fees and costs. (CCP 5425.16(c).) Any fee award is mandatory. (Ketchum v. Moses (2001) 24 Cal.4t...

Excerpt: ...rruled; as to the demurrer to the fourteenth and fifteenth causes of action, it is sustained without leave to amend. The motion to strike as to the allegations regarding malice is granted (SAC, "1268-277), and the motion to strike as to the remainder of the motion is denied. A demurrer is a pleading (C.C.P. 5422.10) used to test the legal sufficiency of a complaint, crosscomplaint, answer or demurrer. A demurrer raises only issues of law not fact...

Excerpt: ...by the requesting party (e.g., the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general), that party may file a motion compelling further responses. (CCP S 2031.310.) The motion must be served within 45 days after service of a verified response (CCP S and must be accompanied by a declaration showing "a reasonable and faith attempt" to resolve the issues informally outside of court. (CCP S...

Excerpt: ... the same, to make transfers, and generally to do This includes the power of the court to supersede prior liens subject to the receiver's certificates. (Title Ins. & Trust Co. v. California Development Co. (1915) 171 Cal. 227, 231, 233; City of Sierra Madre v. Suntrust Mortgage, Inc. (2019) 32 Cal.App.5th 648, 657.) The case of County of Sonoma v. Quail (2020) 56 Cal.App.5th 657 is instructive. The County instituted nuisance abatement proceedings...

Excerpt: ....P. S473(d); APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 185.) Where clerical error is shown, the judgment is corrected nunc pro tunc, i.e., the correction dates back to the when the judgment was entered. (Ames v. Paley (2001) 89 Cal.App.4th 668, 673; Bell Farmers Ins. Exch. (2006) 135 Cal.App.4th 1138, 1144.) A "clerical error" results when the order or judgment misstates the court's actual intent, i.e., an error in recording the ...

Excerpt: ...not stay ancillary or collateral matters that do not affect the judgment or order on appeal. (ld. at 191.) "A postjudgment or postorder proceeding is also ancillary or collateral to the appeal despite its potential effect on the appeal, if the proceeding could or would have occurred regardless of the outcome of the appeal." (ld.) In Varian, the defendants filed an anti-SLAPP and appealed when the trial court denied it. (ld. at 187.) However, tria...

Excerpt: ...l does not stay ancillary or collateral matters that do not affect the judgment or order on appeal. (ld. at 191.) "A postjudgment or postorder proceeding is also ancillary or collateral to the appeal despite its potental effect on the appeal, if the proceeding could or would have occurred regardless of the outcome of the appeal." (ld.) In Varian, the defendants filed an anti-SLAPP and appealed when the trial court denied it. (ld. at 187.) However...

Excerpt: ...t's amendment to its expert designation, then the Motion to Augment is denied as the Motion to Compel is moot. Ifthe parties do not stipulate, the Moton to Augment for the sole purpose of designating a psychology expert and the Motion to Compel the deposition of Dr. Lakes are granted. Nonetheless, there will be no continuance of the trial. Defendant must designate within 10 days of this order and Expert Depositions must take place within 30 days ...

Excerpt: ...eny summary adjudication based on the moving party's failure to comply with these separate statement requirements. (Truong v. Glasser (2009) 181 Cal.App.4th 102, 118.) Here, Defendant's separate statement provides a single list of 70 facts. It does not specifically identify any cause of action on which Defendant seeks summary adjudication and makes no attempt to relate specific facts to each cause of action. Thus, Defendant's alternative motion f...

Excerpt: ...umer, or employee whose personal records are sought, "or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may declare, including protective orders." (Code Civ. Proc., 51987.1(a).) Also, the court may make any other order as may be appropriate to protect the parties, the...