Excerpt: ...rial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), 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 or conditions as the court shall declare, including protective orders. In addition, the court may make ...

Excerpt: ...he settlement was made in good faith shall bar any other tortfeasor or co‐obligor from any further claims against the settling tortfeasor or co‐obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (CCP § 877.6(c).) To reach a good‐faith determination, the court must assess whether the settlement figure falls within a reasonable range. (See PacifiCare o...

Excerpt: ...sponses to Requests for Production, Set Two, granted. Sanctions against Plaintiffs is awarded in the reduced amount of $485. CCP §2030.290(b) and §2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP §2030.290(a) and §2031.300(a).) The moving party is not required – though i...

Excerpt: ...o the action or proceeding. (Cal Code Civ Proc § 437c(a).) “A defendant's motion for summary judgment should be granted if no triable issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law.” (Kahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002‐ 1003.) “The moving party bears the burden of production to make a prima facie showing of the nonexistence of any triable issue of ma...

Excerpt: ...tween the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.” (Hanson v. Grode (1999) 76 Cal.App.4th 601, 606.) “No medical malpractice claim is viable without expert testimony establishing the appropriate standard of care.” (William v. Prida (1999) 75 Cal.App.4th 1417, 1424.) “The standard of care against which the acts of a physician are to be measured is a matter pecu...

Excerpt: ...radict Dr. Kessler, they have not established that any triable issues exist as to the Medical Malpractice, NIED and Loss of Consortium. Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. (Cal Code Civ Proc § 437c(a).) “A defendant's motion for summary judgment should be granted if no triable issue exists as to any material ...

Excerpt: ... granted as to the existence of the documents but not the truth of their contents. (Evid. Code §§ 452(c) & d [permitting judicial notice of “[o]fficial acts of the executive . . . departments of the United States” and “[r]ecords of . . . any court of record of the United States”]; People v. Morales (2018) 25 Cal.App.5th 502, 511, fn. 7 [“courts may take judicial notice of information published on official government websites”].) A g...

Excerpt: ...Reply. The request is untimely and the rulings are not binding on this Court; the request is denied as irrelevant and untimely. MOTION TO COMPEL ARBITRATION A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. (CCP § 1291.2.) The court must grant the petition to compel arbitration unless it finds the right to compel arbitration has been waived by the moving party; grou...

Excerpt: ...omplaint to correct an error in the description of the vehicle. The court reduces the time allocated to amending the complaint by reducing Mr. Brennan's time by 2 hours and deleting $112.50 of Ms. Jones' time, for a reduction of $1,502.50 from the litigation total. Thus, the litigation fees are reduced by $1,502.50, for a total of $17,917.00 allocated to litigation of the matter. The court also reduces the time spent on the present motion. The bi...

Excerpt: ...uests for production has the burden to state specific facts demonstrating good cause justifying the discovery sought. C.C.P. §2031.310(b)(1). To establish good cause, the moving party must demonstrate relevance and specific facts justifying discovery. Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98. The burden to show good cause for production “is met simply by a fact‐specific showing of relevance.” Tbg Ins. Servs. Co...

Excerpt: ...ordinary discovery cut‐off. (Code Civ. Proc., § 2024.020(a)). For discovery concerning designated experts, discovery proceedings must be completed on or before the 15th day, and to have motions concerning that discovery heard on or before the 10th day, before the date initially set for the trial of the action. (Code Civ. Proc., § 2024.030.) A continuance or postponement of the trial date does not operate to automatically reopen discovery proc...

Excerpt: ...missal pursuant to a delay in prosecution. When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met. (Jewish Defense Org. v. Superior Court (1999) 72 Cal.App.4th 1045, 1054‐55.) This burden must be met by competent evidence in affidavits and authenticated documentary evidence. (Id. at 1055.) Once a plainti...

Excerpt: ...er has failed to meet his burden to demonstrate that the Arbitrator committed a manifest abuse of discretion in upholding Petitioner's termination. SUMMARY OF PROCEDURAL FACTS Petitioner was served on June 30, 2020, with a Letter of Intent to Terminate for violation of Article XII, Section 2, of the County of Riverside Terms and Conditions of Employment with the Riverside Sheriff's Department related to a jail incident on June 22, 2019. The Depar...

Excerpt: ...s no defense to the action or proceeding. (Cal Code Civ Proc § 437c(a).) “A defendant's motion for summary judgment should be granted if no triable issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law.” (Kahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002‐1003.) “The moving party bears the burden of production to make a prima facie showing of the nonexistence of any triabl...

Excerpt: ...or sanctions is denied. Motion to Compel Production and Responses, Set Two, is denied as to RFP nos. 107‐111, 113‐ 119, 136 as moot. Motion to Compel is denied as to RFP nos. 123‐128, 131‐134 because Plaintiff waived the right to compel by failing to seek further responses to earlier, substantially similar, requests. Motion to Compel is granted as to RFP nos. 129, 130 and 135 because the responses are not compliant with CCP § 2031.240; D...

Excerpt: ...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 contentions, deductions or conclusi...

Excerpt: ...ought to be discovered are privileged, protected, or beyond the scope of discovery. (Code Civ. Proc., § 2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929.) “At a hearing on a motion to quash, the court must determine whether the party seeking the discovery has made a showing of good cause for the production of said matters and whether the items sought are material and relevant to the case.” (M.C.A. v. State of California (1982) 1...

Excerpt: ...ut merit or too general. (CCP § 2031.310(a).) In a motion to compel a further response as to document requests, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (CCP § 2031.310(b)(1); Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact‐specific showing of relevanc...

Excerpt: ... 2030.090(b), 2030.040(b), 2033.080(b).) The moving party has the burden of establishing good cause for a protective order. (Emerson Elec. Co. v. Superior Court (1997) 16 Cal.4th 1101, 1110.) This requires a showing that the burdens involved clearly outweigh whatever benefits are sought. (Code of Civil Procedure, section 2017.020(a).) THE RELEVANCE OF THE SUBJECT DISCOVERY TO THE ALLEGATIONS OF THE FAC ARE NOT APPROPRIATE FOR A MOTION FOR PROTECT...

Excerpt: ... 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 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 ...

Excerpt: ... counterpart). 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, of...

Excerpt: ... showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. At...

Excerpt: ...sts, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a factspecific showing of relevance.” (Tbg Ins. Servs. Corp. v. Sup. Ct. (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the responding party has the...

Excerpt: ...s an additional two hours of attorney time for preparation of the present motion, for a total award of $7,150.00. The court awards costs on appeal in the amount of $961.00. The court rejects plaintiff's contention that the fees should be reduced because defendant Papp, and not attorney Peterson, prepared Page 7 of 7 the briefing on appeal and performed the work. Plaintiff provides no evidence to support the contention. The prevailing defendant on...

Excerpt: ... allowed to recover under section 1032 includes attorney's fees authorized by contract, statute, or law. (Code Civ. Proc., § 1033.5(a)(10)(A),(B)&(C).) Labor Code section 218.5 states the court “shall award reasonable attorney's fees to the prevailing party…in any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions….” Labor Code section 226(e)(1) also provides for attorney's fe...