Excerpt: ...), “an attorney who represents a party, when expressly authorized, may sign a settlement agreement on the party's behalf.” (1 Witkin, Cal. Procedure (6th ed. 2021), p. 329.) “A trial court hearing a § 664.6 motion may receive evidence, determine disputed facts, and enter the terms of a settlement agreement as a judgment.” (Bowers, 206 Cal.App.4th at 732.) “The trial court may not ‘create the material terms of a settlement, as opposed...

Excerpt: ...ond at $10,000. Strike Paragraph 14 from the Proposed Order. APPOINTMENT OF RECEIVERS UNDER CCP § 564 Under CCP § 564(b), a court may appoint a receiver in the following cases, among others: Where a corporation is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; and In all other cases where necessary to preserve the property or rights of any party. (CCP § 564(b) (6), (9).) However, the appointment of a rec...

Excerpt: ... Defendant requests judicial notice of the Final Senate Floor Analysis of SB 1146, codified as CCP § 2025.310. Judicial notice is proper under Evid. Code § 452(a), (b), (c) and (h). ON THE MERITS “Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order.” (CCP § 2025.420(a).) “The court, for good cause shown, may make any order that justi...

Excerpt: ...s” are recoverable. But legislative history shows it was intended to allow only fees and costs incurred on the motion to strike (not the entire litigation). (Lafayette Morehouse, Inc. v. Chronicle Publishing Co. (1995) 39 CA4th 1379, 1383.) Although the statute does not expressly so provide, it is interpreted to allow awards of only such fees as the court deems reasonable. (Robertson v. Rodriguez (1995) 36 CA4th 347, 362.) In setting a fee awar...

Excerpt: ...nces warranting dissolution or modification at this time. At the hearing, Defendant brought up new facts that had recently transpired that was not included in the motion. The Court continued the hearing and ordered supplemental briefing. The supplemental briefing essentially addressed and argued the following additional facts: City issued a code enforcement citation to Plaintiff for operating a dispensary without the required permits and licenses...

Excerpt: ...� 1033.5(a)(10)(A), (B) & (C); Santisas v. Goodin (1998) 17 Cal.4th 599, 606.) Plaintiff's claims for unpaid overtime (Labor Code § 1194), unpaid wages (Labor Code § 218.5), and paystub violation (Labor Code § 226) are statutory claims with mandatory awards of attorney's fees to the prevailing employee. Defendant does not dispute that Plaintiff is entitled to reasonable attorney fees as the prevailing party. The only question to be determined ...

Excerpt: ...4, 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 sufficient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6�...

Excerpt: ...compelling further answers to requests for production if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. (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 propounding party and the responding party have agreed in writing, the propou...

Excerpt: ...Evidence Code §452(h) which permits judicial notice of “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Defendant fails to explain how this is verifiable as to be accurate. While Defendant contends that the court can take judicial notice of contracts, it is mistaken. Contracts between private parties are not ...

Excerpt: ...EMOTIONAL DISTRESS) Unless provided by statute, a public entity is not liable for an injury. (Gov. C. § 815(a).) There is no common law tort liability for public entities—only statutory. (Green Valley Landowners Association v. City of Vallejo (2015) 241 Cal.App.4th 425, 441‐442.) To state a cause of action against a government entity, every fact essential to the existence of statutory liability must be pled with particularity. (See Searcy v....

Excerpt: ....1, 6.4, 6.5, 6.6, 6.7, 9.2, 14.1 and 17.1; RFP Nos. 3, 4, 5, 6, 7 and 8. The Motion is denied as to SIs 38‐47, 61, 62, 66, 67, 71, 72, 76, 77, 78, 79 through 87, 97, 98, 111‐113, 125, 126, 131, 146‐150, 154‐167; and Form Interrogatories: 6.3, 10.2, 12.1 and 12. 3. The requests for sanctions are denied. SPECIAL INTERROGATORIES: Any party may obtain discovery by propounding to any other party written interrogatories. (Cal. Code Civ. Proc. ...

Excerpt: ...position objects to the declaration of Danielle Rubin. Objections 1 to 4 are overruled. Defendant filed objections with the reply: Objections 1 to 11 are overruled. MOTION TO SET ASIDE In ruling on motions brought under the discretionary provision of section 473(b), the general policy favors granting relief and a trial on the merits. (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233.) When relief is sought promptly and there is no prejudice to...

Excerpt: ...e truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 113.) Defendant requests judicial notice of the following documents: 1) Desk Application dated 2/18/21 from the Court of Queen's Bench of Alberta, File No. 2101‐01790; 2) Written Order of Master Farrington dated...

Excerpt: ...1514; (3) signed judgment in favor of Defendant Dr. Dhalla in RIC 1801514, filed on August 5, 2019; and (4) Notice of Entry of Judgment in favor of defendant Dr. Dhalla in Page 4 of 7 RIC1801514, filed August 6, 2019. The court can properly take judicial notice of these documents under Evidence Code §452(d). STANDARD ON DEMURRER A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 43...

Excerpt: ...TIARY OBJECTIONS The declarations of counsel Jeffrey H. Reeves, counsel William R. Cumming, expert Daniel Wahl, and defendant Michael Sheinker, based on relevance, hearsay, lack of foundation, etc. are relevant to the broad standard for modifying injunctions (i.e., “ends of justice”), constitute nonhearsay or come within a hearsay exception, and/or have sufficient foundation. The objections are overruled. MERITS OF THE MOTION CCP § 533 provi...

Excerpt: ...f this state, a court rule, or an order of the court. (CCP § 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, fn. 2.) Page 4 of 5 A motion to strike may be used to attack unauthorized claims for attorney fees n...

Excerpt: ...3) 141 Cal.App.3d 55, 58.) “Courts neither act as guardians for incompetent parties nor for those who are grossly careless of their own affairs.” (Elms v. Elms (1942) 72 Cal.App.2d 508, 513.) To determine whether a mistake or neglect was excusable, ‘“the court inquires whether ‘a reasonably prudent person under the same or similar circumstances' might have made the same error.”' (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Ca...

Excerpt: ...n 430.41(b) provides: A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross‐complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross‐complaint, or answer. The legislative history indicates that this statute was enacted because of the fact that demurrer...

Excerpt: ...of the settlement. (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.) Section 664.6 states that “[i]f parties to pending litigation stipulate, in writing signed by the parties outside the presence of the court . . . for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (CCP § 664.6 (emphasis added).) “A court ruling on a motion under section 664.6 must determine w...

Excerpt: ... amended complaint, third amended complaint and complaint in intervention filed in in the related case, Tye v. Bowen et al., RIC 1601882 is granted. (Evid. Code § 452(d).) Likewise, the request to take judicial notice of the Complaint filed in the present case is granted. (Evid. Code § 452(d).) EVIDENTIARY OBJECTIONS Because the court does not, in the first instance, give any consideration to the Yrungaray Declaration, the Court declines to rul...

Excerpt: ...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.) “Any doubts as to the propriety of granting the motion are resolved in favor of the party opposing the motion.” (American Airline v. Sheppard, Mullin, Richter & Hampton (2002) 96 Cal. App. 4th 1017, 1048.) It is improper for the court to weigh the evid...

Excerpt: ... Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, a court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) While courts will occasionally deny leave to amend when the motion is brought on the eve of trial, “it is an abuse of discretion to deny leave to amend where the opposing party was not misled ...

Excerpt: ... (Fasuyi v. Permatex, Inc. (2008) 167 Cal. App. 4th 681, 695.) There are three basic avenues of relief for a defendant against whom a default judgment has been entered: first, she can obtain relief under Cal. Code Civ. §473 and 473.5; second, the party can show that extrinsic fraud or mistake exists; and third, the party can show that the default judgment was facially void. (Trackman v. Kenney (2010) 187 Cal.App.4th 175, 181.) Sections 473(b) an...

Excerpt: ...on in the response is without merit or too general. (CCP §§2030.300, 2031.310, 2033.290.) Where a party fails to provide responses to interrogatories or request for production of documents, the propounding party's remedy is to seek an order compelling responses. C.C.P. §§ 2030.290(a) and 2031.300(b). Where a party fails to provide timely responses to request for admission, the propounding party's remedy is to seek an order to deem the request...

Excerpt: ... IS GRANTED. Plaintiff's unopposed request that the court take judicial notice of Defendant's various documents filed with the Secretary of State should be granted. (See Gigax v. Ralston Purina Co. (1982) 136 Cal.App.3d 591, 602, n. 6 [court may take judicial notice of the records of the Secretary of State]; Pedus Building Services, Inc. v. Allen (2002) 96 Cal.App.4th 152, 156, n. 2[same].) DOCTRINE OF FORUM NON CONVENIENS The doctrine of forum n...