Excerpt: ...r, where the moving papers are served by email, as in the present case, the 16-day period of notice before the hearing shall be increased by two court days. (CCP S 1010.6(a)(3)(B).) In the present case, the present motion to compel was served by electronic service on September 14, 2021 — just fourteen days before the scheduled hearing (4 days to late). Accordingly, the motion is denied on the ground of defective service. Moreover, under CCP S 2...

Excerpt: ...lemental responses to the request for production of documents at issue. While the parties have continued to debate the merits of the original responses, the proper recourse is for the parties to meet and confer over the supplemental responses and file another motion to compel further responses, if necessary. See CCP S 2031.310(c). under CCP 52031.310(h), the court is required to impose sanctions against the opposing party that is unsuccessful, un...

Excerpt: ...r restraining and preventing any expenditure of funds received by a school district through the sale of bonds authorized by [Proposition 391." (Ed. Code, S 15284(a).) "An action brought pursuant to this section shall take special precedence over all civil matters on the calendar of the court except those matters granted equal precedence by law." (Ed. Code, S 15284(b).) Here, the parties appear to agree that under Educ. Code S 15284(b) the case is...

Excerpt: ...er, or proceedings has been taken. In the absence of an attorney affidavit of fault, the burden is on the moving party to show that the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. A motion under this section must be accompanied by a proposed pleading. C.C.P. S473(b). A mistake of law or fact can be the basis of relief under C.C.P. S 473(b), but it must be a re...

Excerpt: ...2023-24 Adopted Budget. (Listed in RJN as 2nd Request Number 2.) 4) Ballot materials relating to Riverside unified School District Measure O, including the measure's full text, the impartial analysis, and argument in support of the measure. 5) RUSD's June 14, 2023 report to the Citizens' Bond Oversight Committee. 6) RUSD's April 10, 2018 report tothe Citizens' Bond Oversight Committee. 7) RUSD's June 14, 2023 presentation to the Citizens' Bond Ov...

Excerpt: ... contended that the action has no merit or that there is no defense to the achon or proceeding. (Cal Code Civ Proc S 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 fa...

Excerpt: ...vidence" standards are applied liberally. Any doubt is generally resolved in favor of permitting discovery, particularly where the precise issues in the case are not yet clearly established. (Colonial Life & Acc. Ins. Co. v. Sup. Ct. (1982) 31 Cal.3d 785, 790, fns. 7-8.) For discovery, admissibility at trial is not required. Rather, the test is whether the information sought might reasonably lead to other evidence that would be admissible. (Code ...

Excerpt: ...ermits judicial notice of official acts of the Legislative, Executive and Judicial branches of government of any state. (See 640 Tenth LP v. Newsom (2022) 78 Cal. App. 5th 840, 850, FN 4, granting judicial notice of pandemic emergency orders.) The City also requests judicial notice of the California Secretary of State Roster of Public Agencies, May 2020 and May 2021 excerpts. Judicial notice of the Roster of Public Agencies is granted. (Elmore v....

Excerpt: ... 6th Causes of Acton, the Demurrer is sustained without leave to amend. Mohon to Strike is moot. 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 ...

Excerpt: ...pecial Interrogatories 2, 18 and 27, and denied as to Special Interrogatories 13. Page 3 of 8 Any party may obtain discovery by propounding to any other party written interrogatories. (Cal. Code Civ. Proc. 52030.010(a).) The party to whom interrogatories have been propounded shall respond in writing under oath to each interrogatory by: (1) an answer containing the information sought to be discovered; (2) an exercise of the party's option to produ...

Excerpt: ...ng 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 notce has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal. 4th 666, 672.)...

Excerpt: ... the declaration; that he is familiar with PSLQ's employment forms and policies, including the Arbitration Agreement; and that he has personal knowledge of PSLQs personnel policies and arbitration agreements. Thus, Mr. Perez has established a sufficient foundation for these paragraphs, which are relevant and do not contain inadmissible hearsay. To the extent Plaintiff argues that Mr. Perez, as the Controller for PSLQ, cannot establish foundation ...

Excerpt: ...or create conflicting rulings on common issues. (Cal. Code Civ. Proc. S 1281.2.) Arbitration of disputes is favored and "when there is doubt as to the meaning and construction of an agreement for mediation and/or arbitration, that doubt should be resolved in favor of those processes." (Bono v. David (2007) 147 Cal. App. 4th 1055, 1062.) The moving party bears the burden of proving the existence of a valid arbitration agreement, which can be met b...

Excerpt: ...site procedure: "[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by ...

Excerpt: ...emonstrated that no triable issues of material fact exist as to the existence of a "dangerous condition" on its property and that Defendant had no actual notice of the challenged dangerous condition. Once the burden shifted to Plaintiff to show that a triable issue of one or more material facts exist as to the cause of action, Plaintiff failed to present controverting evidence. A motion for summary judgment shall be granted when no triable issue ...

Excerpt: ...general demurrer. (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061.) The grounds for a motion for judgment on the pleadings must appear on the face of the complaint or from a matter of which the court may take judicial notice. (ld.) As to the Government Claims Act, a plaintiff must file a claim against a local public entity before a plaintiff may file an action for money or damages against the entity. (Go...

Excerpt: ... OTHER REAL PROPERTY (OVER $25,000) OF PEYMAN HEIDARY CVR123w938 HEIDARY VS JP MORGAN CHASE BANK, N.A. JOINDER TO SELECT PORTFO 10 SERVICING INC'S DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT CVR12300938 HEIDARY VS JP MORGAN CHASE BANK, N.m JOINDER TO SELECT PORTFOLIO SERVICING INC'S DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT CVR12300938 HEIDARY VS JP MORGAN CHASE BANK, NA. JOINDER TO CLEAR RECON CORP DEMURRER Tentative Ruling: Defendants S...

Excerpt: ...05.20 of Title 4.5, Chapter 2 of the Code of Civil Procedure provides in part that: "A party to an action who asserts a real property claim may record a notce of pendency of action in which that real property claim is alleged. The notce may be recorded in the office of the recorder of each count in which all or part of the real property is situated." (Code Civ. Proc., 5405.20.) "As a practical matter, the filing of a lis pendens usually clouds th...

Excerpt: ... Motion to compel Further Responses to Special Interrogatories Nos. 10, 11, 12, 16, 17, 18 without objection is granted. Defendant's Motion to Compel Further Responses to Requests for Admission Nos. 1, 3, 6 and 8 is granted. Request for monetary sanctions against Plaintiff and his counsel of record in the amount of $1,460 is granted and payable within 30 days. Page 7 of 10 A party may bring a moton to compel further responses to interrogatories i...

Excerpt: ...t 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. (C.C.P., S 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 ...

Excerpt: ... 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 fts parts in their context. (Moore v. Regents of Univ. of Cal. (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded and of facts which may be inferred from those expressly pleaded. (Crowley v. Katleman (1994) 8 Cal.4th 666,...

Excerpt: ...he Demurrer is overruled. As to the third and fifth causes of action, the Demurrer is sustained without leave to amend. SCW"s motion to strike is denied. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of acton. C.C.P. 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 parts in their context. Moore v. Regents of univer...

Excerpt: ...de, S 9000(a) defines a creditor's claim as follows: "Claim" means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated: (1) Liability of the decedent, whether arising in contract, tort, or otherwise. (2) Liability for taxes incurred before the decedent's death, whether assessed before or after the decedent's death, other than property taxes and assessme...

Excerpt: ...th leave to amend within 20 days; as to the Second Cause of Action, the Demurrer is overruled; as to the Fourth Cause of Acton, the Demurrer is sustained without leave to amend; the Demurrer to the Fifth Cause of Action is sustained. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. C.C.P. S 430.10(e). In evaluating a demurrer, the court gives the pleading a reasonable interpretation by re...

Excerpt: ... following grounds: (1) lack of jurisdiction; (2) inconvenient forum; or (3) dismissal pursuant to a delay in prosecution. Without valid service of summons, the court never acquires jurisdiction cwer defendant. (C.C.P., S 418.10(a)(1); see Kremerman v. White (2021) 71 Cal.App.5th 358, 371 ["compliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a de...

Excerpt: ... prospective economic advantage, and (4) negligent interference with prospective economic advantage. Accordingly, the Motion to Strike is granted as no breach of fiduciary duty has been stated and no underlying tort cause of action has been stated on which to claim punitive damages under Civil Code 53294. As to Evidentiary Objections: "A demurrer is a pleading used to challenge the legal sufficiency of an pleading based on defects that appear eit...

Excerpt: ...alifornia Courts of Appeal, 4th Appellate District Division 2: Banning Police Management Association, et al. v. City of Banning, et al. (Case No. E08404.) OBJECTIONS The City makes five (5) evidentiary objections to the declaration of Kelly Aviles filed in support of the Petition. Specifically, the City objects to Exhibits B, G, H, J, and M for lack of foundation and lack of authentication. Exhibit B: ERMA Board of Directors Meeting Minutes from ...

Excerpt: ...S 1033.5(c)(2) & (3).) Items specifically disallowed are set forth in CCP S 1033.5(b). An item neither specifically allowable nor prohibited may nevertheless be recoverable in the court's discretion if reasonable in amount and reasonably necessary to the conduct of litigation rather than merely convenient or beneficial to its preparation. (CCP S 1033.5(c)(2)-(4); Ladas v. California State Auto Ass'n (1993) 19 Cal.App.4th 761, 773- 774).) The losi...

Excerpt: ...er has expired. (CCP S 438(c).) Thus, a motion for judgment on the pleadings attacks only defects disclosed on the face of the pleading or by matters that can be judicially noticed. (Cloud v. Northrop Gruman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in the complaint are deemed admitted and the complaint is given a reasonable interpretation. (Lance Camper Manufacturing Corp. v. Republic Indemnity Co. (1996) 44 Cal.App.4th 194, 198.)...

Excerpt: ...t him or her through his or her mistake, inadvertence, surprise or excusable neglect." 1 The court's discretion, however, "may be exercised only after the party seeking relief has shown that there is a proper ground for relief, and that the party has raised that ground in a procedurally proper manner, within any applicable time limits." 2 (Cruz v. Fagor America, Inc. (2005) 146 Cal.App.4th 488, 495). CCP S 473(b) further provides that an applicat...

Excerpt: ... hours at $400/hour + $13.70 in electronic filing fees). , payable within 30 days. Under CCP S473(b), the court has broad discretion to relieve a party "upon any terms as may be just...from a judgment, dismissal, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect." CCP S 473(b) notably provides fortwo distinct types of relief— "discretionary" and "mandatory." (Luri v. Green...

Excerpt: ...issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (CCP S 437c(c).) "In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgement sh...

Excerpt: ...(e); 2031.310(i).)1 Terminating sanctions can take the form of (1) striking out the party's pleading or part thereof; (2) staying further proceedings by that party until he or she obeys the court order; (3) dismissing that party's action, or any part thereof; or (4) rendering default judgment against that party. (CCP S 2023.030(d).) Terminating sanctions are appropriate where there is a willful violation "preceded by a history of abuse, and the e...

Excerpt: ...to the request for prejudgment merits, but not to the request for attorneys' fees. The request for prejudgment interest is untmely. It was untimely when Plaintiff's first motion was filed. The fact that a party is entitled to prejudgment interest does not make an award automatc. North Oakland Medical Clinic v. Rogers (1998) 65 Cal.App.4th 824, 829. The request must be made before entry of judgment or via a motion for new trial. ld. at 831. Prejud...

Excerpt: ...App.4th 913, 928-29). Page 3 of 12 REQUEST FOR JUDICIAL NOTICE: Defendants ask the Court to take judicial notice of the following documents in support of their demurrer: • Exhibit A Certified Copy of Imperial County Complaint, Case No. ECU002433 • Exhibit B — Application for Determination of Good Faith Settlement of Defendants Sonrisa Villa, Inc., Kourosh Shirazi, Kamran Shirazi, Blossom Valley Investors LLC (Doe 1), and Holtville Project L...

Excerpt: ...rial 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. Yel ow Cab Company (1967) 57 Cal. 2d 695, 713.) If the complaint fails to state a cause of action, the court m...

Excerpt: ...t 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.) Facts appearing in exhibits at...

Excerpt: ...ts burden of showing it did not create the dangerous condition of public property and/or that it had no notice of the dangerous condition. REQUEST FOR JUDICIAL NOTICE Defendant's unopposed request for judicial notice of the Second Amended Complaint and ruling on the Demurrer is granted. (Evid. Code S 452(d).) EVIDENTIARY OBJECTIONS CCP S 437c(q) states: "In granting or denying a motion for summary judgment or summary adjudication, the court need ...

Excerpt: ...or evasive, or an objection in the response is without merit or too general. (CCP S 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 The burden to show good cause for production "is met simply by a fact-specific showing of relevance." (Tbg Ins. Servs. Cor...

Excerpt: ...t is ambiguous or uncertain...must be raised by special demurrer." (Johnson v. Mead (1987) 191 Cal.App.3d 156, 150.) 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 672.) However, a demurrer does not admit contentions, deduction...

Excerpt: ...s no basis to take judicial notice of "the results of the California League of Cities's survey of cites and counties with utility users' taxes." The City seeks judicial notice under Evidence Code secton 452(h), which provides that a court may take judicial notce of "[flacts 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." ...

Excerpt: ...e granted. (Evid. Code S 451(a) [mandatory judicial notice of decisional law of this state and of the united States].) upon the petition/moton of a party to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration ...

Excerpt: ...udgment affirming the granting of Motion for Summary Judgment in the matter of In Re Estate of Betty Carter Gibson (Exhibit 2); and (3) Order Admitting Will to Probate in Solemn Form in the matter of In Re Estate of Betty Carter Gibson, Estate No. 2019-0847 (Exhibit 3). (Def.'s Request for Judicial Notice ["RJN"] 1—3.) Plaintiff also asks the Court to take judicial notice of the Court's Ruling on Hearing Re Motion to Quash Demurrer, in Case No....

Excerpt: ...of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such case if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action. Page 3 of 7 In addition, CCP 5426.30 provides: Unless otherwise prov-ded by statute, if a party a...

Excerpt: ... judgment in the trial court — must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case or under rules 8.822 and 8.823 in a limited civil case." (CRC 3.1702(b)(1).) under CRC 8.104(a), a notice of appeal must be filed on or before the earliest of: (i) 50 days after the court clerk serves on the party filing the notice of appeal a document called "Notice of Entry"; (ii) 60 days...

Excerpt: ...pleading or via proper judicial notice. (ld.) "[T]he complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiffs proof need not be alleged." (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) "In order to state a cause of achon for negligence, the complaint must allege facts suffcient to show a legal duty on the part of the defendant to ...

Excerpt: ...fendant Richards and that no appearance was made by Plaintiff or Defendant Michael Allison. The parties were ordered to comply with Local Rule 34011. On March 10, 2023, the Court dismissed the achon without prejudice for the parties' lack of compliance with Local Rule 3401.2 Despite the action being dismissed, Defendant Richards filed the instant motion, seeking an order to release the deposited funds to her. Thereafter, Global filed its motion f...

Excerpt: ...stating what application was made before, what judge heard the matter, what orders were made, and what new or different facts, circumstances, or law are claimed to be shown. CCP S 1008(a). The motion for reconsideration must be made to the same judge who heard the original motion. CCP S 1008(a). "An established exception to the general rule limiting reconsiderations is that where the judge who made the initial ruling is unavailable to reconsider ...

Excerpt: ...y. Pursuant to CCP S128(a) provides that the court shall have the power (3) "To provide for the orderly conduct of proceedings before it, or its offcers." (5) "To control in furtherance of justice, the conduct of its ministerial officers, and of all other person in any manner connected with a judicial proceeding before it, in every matter Page 4 of 5 pertaining thereto." (8) "To amend and control its process and orders so as to make them conform ...

Excerpt: ... 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 material facts which have been properly pleaded, of facts which ma...