Excerpt: ...; Watts v. Crawford (1995) 10 Cal.4th 743, 749.) In order to obtain an order permitting service by publication, a plaintiff must submit the declaration of a competent witness to show: that reasonable attempts have been made to serve the defendants by some other authorized method; and (2) the existence of a cause of action or interest in property. (CCP § 415.50(a).) Reasonable diligence means a thorough, systematic investigation and inquiry condu...

Excerpt: ...an be exercised only if the moving party establishes a proper ground for relief, by the proper procedure, and within the proper time limits. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Defendant brings this motion on the ground that, although there is a proof of service, it is not properly executed by a licensed process server, and he was not actually served. C.C.P., § 473(d) permits the court to vacate a void judgment. “[C]...

Excerpt: ...torney's fees is denied. Defendants' DLJJ, DDS and Stuart Rubin Motion for Joinder is denied. As a general rule, when a cause of action arises out of the furtherance of a defendant's right of petition or free speech in connection with a public issue, it is subject to a special motion to strike. (CCP § 425.16(b)(1).) An “act in furtherance of a person's right of petition or free speech” … includes … any written or oral statement or writin...

Excerpt: ...o the court by noticed motion for an order requiring the plaintiff to file an undertaking if the plaintiff resides out of the state. The undertaking would secure an award of costs and attorney's fees that might be awarded in the action. (C.C.P., § 1030(a); see also Shannon v. Sims Service Center, Inc. (1985) 164 Cal.App.3d 907, 914 [constitutionality upheld].) The statute serves a legitimate purpose of securing costs in the face of the difficult...

Excerpt: ...ling party is entitled as a matter of right to recover costs in any action or proceeding.'” (Santisas v. Goodin (1998) 17 Cal.4th 599, 606.) In determining whether a party is a prevailing party which could recover costs, trial court determines whether the party succeeded “at a practical level [by] realiz[ing] its litigation objectives” and whether “the action yielded the primary relief sought” in the case. (Friends of Spring Street v. N...

Excerpt: ...tion to Compel Further responses (Int. 25 and 26) is granted. A party may move for an order to compel a further response if it deems the responding party's objections are without merit or too general. “Absent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact‐specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal. App. 4th 92, 9...

Excerpt: ...available. (Abbott, et. al., Cal. Civil Discovery Practice (4th ed. Cal. CEB 2022) § 15.91 citing, CCP §§2023.010(g), 2023.030.) For example, CCP §2030.300(e) provides that if a party fails to obey an order compelling further responses to interrogatories, "the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction," in addition to the imposition of further mone...

Excerpt: ...ROPERLY NOTICED C.C.P., § 1005(b) requires that motions be filed and served at least 16 court days before the scheduled hearing. However, when service is affected through electronic mail, the moving party must provide 2 additional court days of notice. (C.C.P., §§ 1005(b), 1010.6(a)(4).) Here, Defendant e‐served the motion on January 5, 2023 ‐ exactly 16 court days before the scheduled hearing ‐ and did not provide the additional 2 days ...

Excerpt: ... of all material facts which have been properly alleged, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 Cal.4th 666, 672. However, it does not assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. REQUEST FOR JUDICIAL NOTICE County seeks judicial notice of ...

Excerpt: ... is overruled for unfair competition, and Plaintiff Lisa Esparza's standing to pursue the fifth cause of action for unfair competition. Defendants' motion to strike is taken off calendar as moot to the extent it seeks to strike Plaintiffs' claims for punitive damages. Defendants' motion to strike Plaintiffs' claims for attorney fees is granted without prejudice. Order to Show Cause is set for 3/28/2023, AGAINST LISA ESPARZA AND HARLAN BARTLETT KI...

Excerpt: ...d $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). A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 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 Univ. of Cal. ...

Excerpt: ...g interests” to civil cases as in criminal, relied not only on CCP section 124 but on the state and federal constitutions, emphasizing “The need to comply with the requirements of the First Amendment right of access…” [Id. at 1226.] That decision was then codified in the California Rules of Court, at Rule 2.550: “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an ov...

Excerpt: ...e derivative claim because Plaintiff alleges sufficient facts to support wrongdoing based on conspiracy. As to the 6th cause of action, the Demurrer is sustained with leave to amend within 20 days. This claim is uncertain because Plaintiff fails to allege how Defendant breached the operating agreement or what terms were allegedly breached. As to the 13th cause of action, the Demurrer is sustained with leave to amend within 20 days. There are insu...

Excerpt: ... 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 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 Cal.4th 666, 672.) However, a demurrer does not admit contenti...

Excerpt: ...ons are treated by the court as motions for judgment on the pleadings, and both are granted without leave to amend. For the 4th cause of action, Defendant's motion for summary adjudication is denied as the City failed to establish that it complied with Government Code §3306.5. For the 5th cause of action, Defendant's motion for summary adjudication is granted as Plaintiff failed to create a triable issue on a prima facie case of discrimination b...

Excerpt: ...aim for damages or issue of duty. (CCP § 437c(f)(1).) Although summary judgment/adjudication is no longer considered a “disfavored” procedure, the rule continues that the moving party's evidence must be strictly construed, while the opposing party's evidence must be liberally construed. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal. App. 4th 832.) Plaintiff is required to show that there is no defense to a cause of action if each element has ...

Excerpt: ... within 20 days. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 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 properly pleaded, ...

Excerpt: ...ecause Plaintiff failed to plead the alleged misrepresentations with sufficient specificity. The demurrer is overruled as to the sixth cause of action because fraud by concealment requires less specificity than fraud based on affirmative misrepresentations. The economic loss rule does not apply to claims based on fraud. A party may object by demurrer to a complaint on grounds that the pleading does not state facts sufficient to constitute a cause...

Excerpt: ... declaration identifying and specifically discussing any discovery request that is in dispute. A party may move for an order to compel a further response if it deems the responding party's objections are without merit or too general. In a motion to compel further responses as to document requests, the moving party must state specific facts demonstrating good cause justifying the discovery sought. (CCP §2031.310(b)(1).) The burden to show good ca...

Excerpt: ...closure of the confidential material. Pursuant to Cal. Code Civ. Proc. §2031.010, a party may demand that any other party produce and inspect a document that is in the possession of another party. The demanding party must designate documents by specifically describing individual items or reasonably particularizing categories of documents. (Cal. Code Civ. Pro. §2031.030(c)(1).) “The ‘reasonably' in the statute implies a requirement such cate...

Excerpt: ...eement; 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 of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbati...

Excerpt: ..., Rule 4 (Ex. C); (4) Indiana Rules of Court, Rules of Trial Procedure, Rule 4.1 (Ex. D); and (5) Proof of Service on Defendant in the Indiana case (Ex. E). The unopposed request is granted under Evidence Code §452(d). VACATING SISTER‐STATE JUDGMENT Per CCP § 1710.25, entry of judgment on a sister state judgment is a ministerial act by the clerk of the court, based on an application showing that judgment has been entered against the defendant...

Excerpt: ...Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (SpeeDee); see also Oaks Management Corp. v. Sup. Ct. (2006) 145 Cal.App.4th 453, 462.) “The power is frequently exercised on a showing that disqualification is required under professional standards governing … potential adverse use of confidential information.” (Responsible Citizens v. Sup. Ct. (1993) 16 Cal.App.4th 1717, 1723–1724.) However, in exerci...

Excerpt: ...murrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 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 properly pleaded, of facts which may be inferre...

Excerpt: ... Corp. v. County of Imperial (1983) 35 Cal.3d 63.) In exercising that discretion, the court evaluates two interrelated factors: the likelihood that the plaintiff will prevail on the merits at trial, and the interim harm that the plaintiff is likely to sustain if the injunction were denied as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued. (Nutro Products, Inc. v. Cole Grain Co. (1992) 3 Cal.A...