Excerpt: ...o amend. T he Motion to Strike is denied as moot. REQUEST FOR JUDICIAL NOTICE Ticor's request that the court take judicial notice of the Substitution of Trustee and Full Reconveyance, document no. 2023 - 024390, recorded 8/18/23, is denied. While the court may certainly take judicial notice of the recorded document [Evid. Code § 452], the material will not aid the court in the resolution of the present demurrer. (See Aquila v. Superior Court (20...

Excerpt: ...310(b)(2).) The purpose of the meet and confer requirement is to make the parties reexamine their positions, and to narrow their discovery disputes to the irreducible minimum, before calling upon the court to resolve the matter. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016-17.) The factors in determining whether a party made a “reasonable” and “good faith” attempt to resolve the issues informally may include ...

Excerpt: ...ave been properly pleaded, o acts which may be inerred rom those expressly pleaded, and o any material acts o 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 conclusions o act or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) Facts appearing in exhibits attached to the complaint will also be accepted as ...

Excerpt: ... it Þnds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for rescission of the agreement; or litigation is pending that may render the arbitration unnecessary or create conßicting rulings on common issues. (CCP § 1281.2; 9 USC § 2.) A proceeding to compel arbitration is in essence a suit in equity to compel speciÞc performance of a contract. (Freeman v. State Farm Mutual Auto Insuranc...

Excerpt: ...PLAINT FOR OTHER REAL PROPERTY (OVER $25,000) OF PEYMAN HEIDARY CVRI2300938 HEIDARY VS JP MORGAN CHASE BANK, N.A. MOTION TO STRIKE COMPLAINT ON 2ND AMENDED COMPLAINT FOR OTHER REAL PROPERTY (OVER $25,000) OF PEYMAN HEIDARY CVRI2300938 HEIDARY VS JP MORGAN CHASE BANK, N.A. MOTION TO STRIKE PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT CVRI2300938 HEIDARY VS JP MORGAN CHASE BANK, N.A. JOINDER TO DEMURRERS AND REQUESTS FOR JUDICIAL NOTICE FILED B...

Excerpt: ... respect to sanctions, no sanctions are awarded to either party. The court, upon motion reasonably made by the party, the witness, any consumer, 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 ...

Excerpt: ...spite it being Þled a day late, because it was only late due to the change in the hearing date or the demurrer, and Plainti
¯ still had su
¯icient time to Þle a reply, so it was not prejudiced by the 1-day delay. In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all o its parts in their context. (Moore v. Regents o University o Caliornia (1990) 51 Cal.3d 120, 125.) The court a...

Excerpt: ...t must provide further responses that comply with the requirements of CCP §2031.230; speciÞcally, Defendant must identify why the requested documents are unable to be produced (never existed, lost, misplaced, stolen, in another's possession, etc.). RFP Nos. 15-20, 35-40, 55-60, 75-80, 95-100, 119, 121: Defendant is ordered to produce any relevant police reports related to the incidents alleged in Plainti
¯s' Complaint. Defendant is ordered to ...

Excerpt: ...ral), that party may Þle a motion compelling further responses. (CCP § 2031.310.) The motion to compel further responses “shall set forth speciÞc facts showing good cause justifying the discovery sought by the demand.” (CCP § 2031.310(b)(1); Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) To establish “good cause,” the burden is on the moving party to show both relevance to the subject matter and speciÞc facts...

Excerpt: ... requested.” (CCP § 2025.230.) The deponent must “designate and produce at the deposition those of its o
¯icers, directors, managing agents, employees, or agents who are most qualiÞed to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent.” (Id.) A request for documents may be made in connection with the PMK deposition, and when such a request for documents is made, “...

Excerpt: ...a document that is in the possession o another party. A demanding party may move to compel a urther response to a demand or inspection i the party determines that the statement o compliance or representation o inability to comply is incomplete or i an objection is without merit. (Cal. Code Civ. Proc. §2031.310(a)(1)-(3).) I the court grants the motion to compel urther responses and the responding party ails to obey the court's order, t...

Excerpt: ...e subpoena entirely, modiying it, or directing compliance with it upon those terms and conditions as the court may declare, including protective orders.” (Code Civ. Proc., §1987.1(a).) Also, the court may make any other order as may be appropriate to protect the parties, the witness, or the employee rom “unreasonable or oppressive demands, including unreasonable violations o the right o privacy o the person.” (Code Civ. Proc., §1987....

Excerpt: ...App.3d 374, 392.) Generally, claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be su
¯icient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (1981) 117 Cal.Ap...

Excerpt: ...octrine and are limited to the time period from the time of Plainti
¯s' purchase to present. As to Sanctions, it is denied. CCP §2025.230 governs the depositions of persons most qualiÞed as follows: If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event the deponent shall designate and produce at the deposition those of its o...

Excerpt: ... of expert qualiÞcation, inadmissible speculation and conclusion, improper legal conclusion, and assume facts not in evidence. “In granting or denying a motion for summary judgment [], the court need rule only on those objections to evidence that it deems material to its disposition of the motion.” (CCP § 437c(q).) Here, the Court declines to rule on Defendants' evidentiary objections because they are not directed at evidence that are mater...

Excerpt: .... (C.C.P., § 438(e)(2); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) When the moving party is a defendant, the motion may only be made on the following grounds: “(i) The court has no jurisdiction of the subject of the cause of action against that defendant” or “(ii) The complaint does not state facts su
¯icient to constitute a cause of action against that defendant.” (Code Civ. Proc., §438(c)(1)(B)(i)&(ii).) The mot...

Excerpt: ...§ 19871) A deposition subpoena may be attacked based on, inter alia, deects in the orm and content o the subpoena, records sought not within the permissible scope o discovery, and a consumer's right o privacy in among other grounds (Weil & Brown, CPG: Civ Proc Beore Trial (TRG 2023) §8:598; see also, CCP §19853(e) [consumer's right to privacy in “personal records”) This motion addresses two deposition subpoenas or medical rec...

Excerpt: ... (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 inferred from those expressly pleaded, and of any material facts of which judicial notice has been req...

Excerpt: ... 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 contentions...

Excerpt: ...lving interpretation of commercial lease, parties agreed to try lease interpretation issue separate from damages issue). The objectives of this bifurcation of the trial are to • Avoid wasting time and money on the unnecessary trial of damage questions if the liability issue is resolved against the plaintiff; • Promote settlement of the case if the liability issue is resolved against the defendant; and • Afford a more logical presentation of...

Excerpt: ... lemon law matters. (Kirnos Decl. "29-32.) Kirnos provides the following information for timekeepers on this matter: Timekeeper Years in Practce Hourly Rate Roger Kirnos 15 years $550/hour Armando Lopez 6 years $375/hour (currently) Amy Morse 11 years $450/hour (currently Deepak Devabose 10 years $425/hour (currently) Elvira Kamosko 3 years $295/hour Jeffery Mukai 14 years $495/hour (currently) Jacob Cutler 15 years $495/hour (currently) Maite Co...

Excerpt: ...out waiting for trial. (See CCP S 512.010 et seq.; 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 descr...

Excerpt: ...atter of law for many reasons, including lack of, or improper service of, the summons. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) Ordinarily, there is no time limit on a collateral attack on a void judgment. "A judgment void on its face ... is subject to collateral attack at any time." (Rochin v. Pat Johnson Mfg. Co. (1998) 67 Cal.App.4th 1228, 1239.) The law favors judgment on the merits, so any doubts regarding whether relief from a def...

Excerpt: ...nt's Anthony P. Cara. (Exhibit C.) The court may take judicial notice of all of the above; however, none of the documents ultimately have any relevancy to ruling on this demurrer. To withstand a demurrer the complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (C.C.P. S 425.10.) "[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that...

Excerpt: ...valuatng a complaint under the general demurrer standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966-967.) If judicially noticeable records disclose ...

Excerpt: ...e 22, 2022, Plaintiff MICHAEL NOLL was seen and evaluated by Defendant RUSSELL HISSCOCK, D.O., and/or DOES 1 through 33, at Eisenhower Medical Center's Primary Care Facility at the Brimble and Johns Health Center. MICHAEL NOLL suffered from Parkinson's disease, but fortunately his condition was slowprogressing, and he enjoyed an active, healthy, and full life with his spouse, ROLAND LEWIS. For some time, MICHAEL NOLL had been taking the prescript...

Excerpt: ...ng that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP S 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/moton to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be at...

Excerpt: ... or cause delay and increase costs of litigation; 2) the claims are warranted under existing law or a nonfrivolous argument for the extension of existing law; and 3) the allegations have evidentiary support. (Cal. Code Civ. Pro. S 128.7(b).) "Under both Code of Civil Procedure section 128.7 and [Federal Rule of Civ. Proc.1 11, there are basically three types of submitted papers that warrant sanctions: factually frivolous (not well grounded in fac...

Excerpt: ... challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under the general demurrer standards, if there is any valid cause of achon stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is ...

Excerpt: ... the Agenda Packet for the 5/29/2015, the RUSD Operations Board Subcommittee Meeting • Exhibit 4— Minutes of the 5/29/2015, the RUSD Operations Board Subcommittee Meeting • Exhibit 5 — Excerpts from the Agenda Packet for the 7/7/2015, the RUSD Operations Board Subcommittee Meeting • Exhibit 6 — Excerpts from the Agenda Packet for the 11/16/2015, the RUSD School Board Study Session • Exhibit 7 Excerpts from the Agenda Packet for the ...

Excerpt: ...ty may depose an entity's person most knowledgeable on a particular topic. The deposition notice must describe "with reasonable particularity the matters on which examination is requested." (CCP S 2025.230.) The deponent must "designate and produce at the deposition those of its offcers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or re...

Excerpt: ...q).) Defendant submits objections to portions of Greer and Dr. Bresler's declarations. As to the Greer declaration, the Court sustains objection nos. 1-2 as hearsay and nos. 3-5 for lack of foundation and improper expert opinion. As to the declaration of Dr. Bresler, the Court sustains objection no. 1 as hearsay and no. 2 as hearsay, lack of foundation and improper expert opinion. Summary judgment is granted when a moving party establishes the ri...

Excerpt: ...oss-defendant Dudek's Demurrer as to the first cause of action for breach of contract on the ground the pleading is uncertain is sustained with leave to amend within 20 days. Motion to Strike is moot. A demurrer also lies where the pleading does not state facts suffcient to constitute a cause of achon. (Code Civ. Proc., S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and al...

Excerpt: ...of his motion to strike Western Surety Company's demurrer and motion to strike as sham pleadings, Plaintiff requests judicial notice of the following documents: 1. A letter, dated October 10, 2023, demanding an investigation, arrests, prosecutions, and indictments, sent to the FBI and the Riverside DA's Office; 2. CM/ECF Guide for Entering Party Names, united States Northern District Court of Indiana; 3. Riverside Superior Court Register of Actio...

Excerpt: ...murrer to the 2nd Amended Cross-complaint is stricken. Where a demurrer was overruled as to certain causes of action, the trial judge cannot subsequently rule on a demurrer on the same causes of action because the court is "foreclosed from rendering a new determination on the viability of those claims" without a properly filed motion for reconsideration under Code of Civil Procedure secton 1008. (Bennett v. Suncloud (1997) 56 Cal.App.4th 91, 96-9...

Excerpt: ... of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." (Ibid.) "The difference between judicial and clerical error rests not upon the party committing the error, but rather on whether it was the deliberate result of judicial reasoning and d...

Excerpt: ...as 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) 128 Cal.App.3d 225, 232-33.) The Subpoena at issue here requests: REQEST NO. 1- All notes, records, memorandums, witness statements, and documents relating to Tasceaie Churchwell, Brenda Chavez, Vanessa Chavez, Griselda Revollo, and Odette Dawn Cilluffo. REQEST NO. 2- All no...

Excerpt: ...as to the 1st Cause of Action is sustained with Leave to Amend within 20 days. Page 5 of 5 DEPENDENT ADULT ABUSE Abuse of an elder or a dependent adult means any of the following: (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental...

Excerpt: ...the cause of action for dangerous condition on public property (Gov. Code, #810 et seq.) under the doctrine of primary assumption risk. Once the burden shifted to Plaintiff, she failed to meet her burden of producing evidence to show that a triable issue of one or more material facts exists as to the City's defense. EVIDENTIARY OBJECTIONS TO THE DECLARATION OF BRAD P. AVRIT: Overrules as to #1 Sustained as to #'s 2-7 "A defendant moving for summa...

Excerpt: ...laim for damages must be presented to the public entity within six months of the date the cause of action accrued. (Gov. Code S 911.2.) If a plaintiff fails to file a government claim within the six- month period, he or she may apply to the public entity for permission to file a late claim. (Gov. Code S 911.4.) Such an application must be presented within a reasonable time, and not later than one year after the accrual of the cause of action. (Go...

Excerpt: ...merit as Plaintiff cannot establish the element that DGSA was an owner, lessor, manager, or possessor with any control to place any safety barriers to protect spectators of the softball field. Defendant also met its initial burden of producing evidence to show that it has a complete defense to the cause of action for premises liability under the doctrine of primary assumption risk and exculpation provisions contained within the waiver contract si...

Excerpt: ...c Policy is denied; as to the 6th Cause of Acton, it is mint. 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 mater...

Excerpt: ... need to address Plaintiff's Demurrer and Motion to Strike Cross-complaint. (Cohanghadosh Decl. '1 3(A); Kane Decl. '14.) As for the Motion to Strike: Defendants' Motion to Strike is granted with leave to amend within 20 days. Civ. Code S 3294(c) authorizes punitive damages upon a showing of malice, oppression, or fraud, which are defined as follows: (1) "Malice" means conduct which is intended by the defendant to cause injury to the plaintiff or...

Excerpt: ...knowledge and hearsay. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contentsl.) Here, not only are the...

Excerpt: ...s, LLC and Mahmood ("Mike") Saifie in the Northern District of Georgia on September 12, 2023. Granted under Evidence Code S452(d). OBJECTIONS Defendant makes thirty-five individual objections to the declaration of Jennifer Baskaron and the exhibits attached thereto. "In granting or denying a moton for summary judgment or summary adjudication, the court need only rule on those objections to evidence it deems material to its disposition of the moti...

Excerpt: ...ny court in this state. (Evidence Code S 452(d).) Accordingly, Defendant's unopposed request for judicial notice is granted. 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...

Excerpt: ...od faith; such a determination bars any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (CCP S 877.6 (a), (c)-(d).) The case of Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499, established the often-cited factors to be considered by the court in det...

Excerpt: ...urt 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 conclusions of fact or law (Daar v. Yellow Cab Company (1967) 67 Cal. 2d 695, 713.) Ifthe complaint falls to stat...

Excerpt: ...iff is ordered to file a supplemental declaration 10 days prior to the hearing date describing the supplemental meet and confer, and indicate whether any issues were resolved informally. A motion to compel a further response to an inspection demand or interrogatory must be accompanied by a declaration stating facts showing a "reasonable and good faith attempt" to resolve informally the issues presented by the motion before filing the motion. (Cal...

Excerpt: ...ny pleading at any time. CCP SS 473(a), 576. See Hong Sang Market, Inc. v Peng (2018) 20 CA5th 474, 488, 229 CR3d 99CCP 5473 provides: The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceedng by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the tme for answer o...