Excerpt: ...nt, thus, the request is denied. (Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) A party may propound to another party any interrogatories that are relevant to the subject matter of the pending action. (CCP S 2030.030(a)(2).) The party to whom interrogatories have been propounded shall respond by: (1) an answer containing the information...

Excerpt: ...without merit or too general. (CCP S 2030.300(a).) A party can claim an inability to respond if they do not have personal knowledge sufficient to respond to an interrogatory, but they must make a "reasonable and good faith attempt to obtain the information." (CCP 52030.220(c).) In a motion for an order compelling further response to ROGs, the burden is on the responding party to justify any objection or failure to answer the interrogatories fully...

Excerpt: ...egations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal.App.4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions offact or law, and may consider exhibits attached to the complaint. (ld. at 732-33; Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924.) Specific factual allegations mo...

Excerpt: ...t. (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 conclusions of fact or law. ...

Excerpt: ... incomplete, or evasive, or an objection in the response is without merit or too general), that party may file a motion compelling further responses. (CCP S 2030.300, S 2033.290.) The motion must be filed and served within 45 days after verified responses were served. (CCP S 2030.300(c), S 2033.290(c).) upon a timely motion to compel further responses, the responding party has the burden to justify any objection or failure to fully respond to the...

Excerpt: ...f action within 20 days. Cross- Defendant's Motion to Strike as to the attorney's fees is denied. 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 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 c...

Excerpt: ...n terms it deems proper, "[s]trike out any irrelevant, false, or improper matter inserted in any pleading." (CCP S 436(a).) An immaterial or irrelevant allegation is one that "is not essential to the statement of a claim or defense"; "is neither pertinent to nor supported by an otherwise sufficient claim or defense"; or "[al demand for judgment requesting relief not supported by the allegations of the complaint[.]" (CCP S 431.10(b).) As with a de...

Excerpt: ...t is granted. Judicial notice may be taken of "[flacts and proposition that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy." (Evid. Code, 5452(h).) Such facts and proposition may include documents referenced in the pleading. For instance, judicial notice has been taken of media release and a related letter upon request by the demurring party, w...

Excerpt: ...xercised 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. (2006) 146 Cal.App.4th 488, 495). CCP S 473(b) further provides that an application for relief "shall be accompanied by a copy of the answer or other pleading proposed to be filed therein." The party moving for r...

Excerpt: ...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 requested and may be taken. (Crowley v....

Excerpt: ...ce Superintendent for the DMV. He oversees construction and maintenance at 15 different DMV facilities in the Southern California area, including the DMV Field Office in Riverside (the "Riverside Field Offce." (Brown Decl., 91.) Plaintiff makes some 13 objections (Nos. 2, 30-42) to the Baker declaration, based on lack of personal knowledge, speculation, lacks foundation, hearsay, calls for expert opinion and irrelevant. These objections are susta...

Excerpt: ...rily falls 60 days after notice of entry of judgment, or 180 days after entry of judgment, whichever is first." (Kaufman v. Diskeeper Corp. (2014) 229 Cal.App.4th 1, 8.) It is undisputed here that judgment has not been entered. GM also relies on DeSaulles v. Community Hospital of Monterey Peninsula (2016) 62 Cal.4th 1140 to support its conclusion that the instant motion is not timely. However, that case held that settlement payment constituted "n...

Excerpt: ...extent these documents exist as part of the court record or file, but not for the truth of the matters stated therein, unless the matters are indisputably true. (Evid. Code, S452(d) [judicial notice may be taken of records of any court of this state]; See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1569; also see Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) Exhibits 2, 4, 6, 8, IC)-15 (court orders): Granted as judic...

Excerpt: ...d complaint "opens" the default — entitling defendant to plead to the amended complaint. (Engebretson & Co., Inc. v. Harrison (1981) 125 Cal.App.3d 436, 442-443; Ostling v. ü)ring (1994) 27 cal.App.4th 1731, 1744; crestmar owners Ass'n. v. stapakis (2007) 157 calApp.4th 1223, 1231.) Defendants who defaulted to the original complaint must be served with an amended complaint containing the substantive changes. In effect, plaintiff waives the rig...

Excerpt: ...r create conflicting rulings on common issues. CCP 51281.2. 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 to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. Cal. R. Ct. 3.1330; s...

Excerpt: ...(CCP S 473.5(a).) "This section is designed to prov-de relief where there has been proper service of summons (e.g., by substitute service or by Page 3 of 7 publication) but defendant nevertheless did not find out about the action in tme to defend." (Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2022) 5:420, p. 5-1222 [italics in original].) Secton 473.5(a) requires the defaulting party to serve and file the notice of motion within ...

Excerpt: ...ary injunction is to preserve the status quo until there is a final determination of a cause of action." (Assn. for Los Angeles Deputy Sheriffs v. Cnty. of Los Angeles (2008) 166 Cal.App.4th 1625, 1634.) Pursuant to CCP S 526(a)(3), a preliminary injunction may issue: When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to done, some act in violation of the righ...

Excerpt: ...or of the moving party without the necessity of trial. Civ. Proc., S 437c; Aguilar v. Atlantic Richfield Co. 25 Cal.4th 826, 850.) A defendant may alternatively move for summary adjudication as to a cause of action, but a motion for summary adjudication can only be granted if it completely disposes of the cause of action to which it is directed. Civ. Proc., S 437c(f)(1).) A defendant has met his or her burden under Code Civ. Proc., of showing a c...

Excerpt: ...or of the moving party without the necessity of trial. Civ. Proc., S 437c; Aguilar v. Atlantic Richfield Co. 25 Cal.4th 826, 850.) A defendant may alternatively move for summary adjudication as to a cause of action, but a motion for summary adjudication can only be granted if it completely disposes of the cause of action to which it is directed. Civ. Proc., S 437c(f)(1).) A defendant has met his or her burden under Code Civ. Proc., of showing a c...

Excerpt: ... requests, the court may impose monetary, issue, evidentiary and/or terminating sanctons. (CCP S 2023.030(a)—(d); 2030.300(e); 2031.310(i).)1 Terminating sanctons 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 2023.0...

Excerpt: ...he 2nd Cause of Action, it is overruled. Defendant is ordered to file an Answer within 30 days. JUDICIAL NOTICE Defendant requests the court take judicial notice of the following documents: A) an order in Plaintiff's workers' compensation case, B) Plaintiffs voluntary resignation, C) Plaintiff's initial complaint in this action, and D) the operative FAC. Plaintiff objects to the request as to Exhibit B — resignation — only. Defendant requests...

Excerpt: ...anted pursuantto Evid. Code, S 452(d). ENTRY OF DEFAULT Plaintiffs argue that Defendant cannot make this motion because he is in default. However, the instant motion was filed on April 28, 2023, while the request for entry of default was filed on May 2, 2023. It appears the entry of default was filed in error by the clerk's office. As such, the Court orders sua sponte to set aside the incorrect entry of default. As a general rule, when a cause of...

Excerpt: .... JUDICIAL NOTICE Exhibits 1, 3, 5, 7, 9 (court filed documents): requests are granted to the extent these documents exist as part of the court record or file, but not for the truth of the matters stated therein, unless the matters are indisputably true. (Evid. Code, S452(d) [judicial notce may be taken of records of any court of this state]; See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1569; also see Fremont Indem. Co. v. Fremont Gen. C...

Excerpt: ...need only allege facts suffcient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally a plaintiff need only plead facts necessary "to acquaint a defendant with the nature, source and extent of his claims." (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549-550.) On demurrer the cour...

Excerpt: ...efendant's Demurrer to the Complaint is sustained with leave to amend within 20 days. 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 assum...

Excerpt: ...s attached to, the declaration of plaintiff's counsel, Ken Carlson based on lack of foundation, lack of personal knowledge and hearsay. There is sufficient foundation for the statements, and the testimony and documents are not being submitted to prove the truth of the matters asserted, but their effect on the declarant. CCP S 474 allows a plaintiff who is ignorant of a defendant's identity to designate the defendant in a complaint by a fictitious...

Excerpt: ...eeding 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 to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. Cal. R. Ct. 3.1330; see Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218�...

Excerpt: ... is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others," while oppression is defined as "despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights." (Civ. Code S 3294(c)(1)-(2).)1 Despicable conduct is conduct that is base, vile or contemptible. (Col...

Excerpt: ...).) In a moton 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 Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) The burden to show cause for production "is met simply by a fact-specific showing of relevance." (Tbg Ins. Servs. Corp. v. Superior Court (21%2) 96 Cal.App.4th...

Excerpt: ...GREEN, as to why sanctons not to exceed $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) The court is empowered to relieve a party "upon such 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." (C.C.P. S473(b).) C.C.P. 5473(b) contains t...

Excerpt: ...ve economic advantage, and negligent interference with prospective economic advantage. Because the recommendation is to sustain the demurrer without leave to amend on the tort causes of action, the motion to strike is granted as no underlying tort cause of achon has been stated on which to claim punitive damages under Civil Code section 3294. A demurrer also lies where the pleading does not state facts sufficient to constitute a cause of action. ...

Excerpt: ...ement; and (4) Local Agency Formation Commission of Riverside County Resolution No. 113- 07. These documents may be judicially noticed pursuant to Evid. Code S 452(c), which permits judicial notice of official acts of a legislative, executive or judicial department. Additionally, Plaintiff's request for judicial notice of Chapter 10.40 of the Perris Municipal Code is granted pursuant to Evid. Code S 452(b) as a legislative enactment. Finally, Pla...

Excerpt: ...2014) 230 Cal.App.4th 935, 945; Code Civ. Proc., 5437c, subd. (p)(2).) "A cause of action 'cannot be established' if the undisputed facts presented by defendant prove the contrary of plaintiff's allegations as a matter of law." (Brantlyv. Pisaro (1996) 42 Cal.App.4th 1591, 1597.) Only when defendant meets this burden, "the burden shifts to the plaintiff... to show that a triable issue of one or more material facts exists as to the cause of action...

Excerpt: ...nses, thereby rendering the substan
Ÿve of these mo
Ÿons moot. Cross-Complainant's request for relief from waiver of objec
Ÿons is denied. As to Sanc
Ÿons, it is denied. Failing to
Ÿmely respond to document demands or interrogatories waives all objec
Ÿons to the demands/interrogatories, including claims of privilege and work product. (CCP § 2030.(a), § 2031.300(a).) “The court, on mo
Ÿon, may relief that party from this waiver” on d...

Excerpt: ...The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law, and may consider exhibits attached to the complaint. (ld. at 732-33; Yvanova v. New Century Mortgage Corp. (2016) 52 Cal.4th 919, 924.) Specific factual allegations modify and limit inconsistent general statements. (Fin. Corp. of Am. v. Wilburn (1987) 189 Cal.App.3d 764, 769.) The court must interpret th...

Excerpt: ...e if attorney's fees are reasonable, which involves multiplying the reasonable rate of services by the number of hours spent on the case. (Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1242.) The party seeking attorney's fees is not entitled to all hours they claim in an attorney fee request and must prove that the hours sought are reasonable and necessary. (Concepcion v. Amscan Holdings, Inc. (2014) 223 Cal.App.4th 1309, 1320.) Once the p...

Excerpt: ...f Civil Procedure section 1032, subdivision (b), which provides that "Except as otherwise expressly prov-ded by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." The costs which a prevailing party is allowed to recover under section 1032 includes attorney's fees authorized by (1) contract, (2) statute, or (3) law. (Code Civ. Proc., Here, it is undisputed that the moving Defendant's status ...

Excerpt: ...or reasonably calculated to lead to the discovery of admissible evidence. (Vinson v. Superior Court (1987) 43 Cal.3d 833, 840.) A medical examination can be ordered for a specific injury that is put in controversy as the subject of the litigation. (Roberts v. Superior Court (1973) 9 Cal.3d 330, 337.) A motion to seek a second medical examination must identify the "time, place, manner, conditions, scope, and nature of the examination, as well as t...

Excerpt: ... S 437c(q) "In ruling on the motion, the court need only rule on those evidentiary objections that it deems material to disposition of the motion." ) 2) Declaration of Bob Walter: Objections are overruled as Mr. Walter establishes he is the President of the HOA and may testify as to the activites of Defendant. DEFENDANTS OBJECTIONS: Defendant objects to the Declaration of Michael Laichareonsup: 1) As to objection No. 1, the Court declines to rule...

Excerpt: ...., INC Tentative Ruling: Hearing continued to 6/5/23. 2. CVR12302503 MACK VS AZBEN, L.L.C. PRELIMINARY INJUNCTION Tentative Ruling: Plaintiff's Motion for Preliminary Injunction is denied; Temporary Restraining Order issued on 5/17/2023 is dissolved. A decision to grant or deny a preliminary injunction is not an ultimate adjudication of the dispute, but simply a provisional remedy intended to preserve the status quo pending a trial on the merits....

Excerpt: ...osition of Roger Stotts (Ex. 106) 68:21—69:6) for lack of personal knowledge, improper opinion testimony, legal conclusion, speculative, and irrelevant. "In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion." (CCP S 437c(q).) Here, the Court will not rule on the evidentiary objections as they are not disposit...

Excerpt: ...osition of Roger Stotts (Ex. 106) 68:21—69:6) for lack of personal knowledge, improper opinion testimony, legal conclusion, speculative, and irrelevant. "In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion." (CCP S 437c(q).) Here, the Court will not rule on the evidentiary objections as they are not disposit...

Excerpt: ...units and contends the photographs depict such work. (ld., '1 7.) The photos are properly authenticated and the objections are overruled. Page 6 of 8 PRELIMINARY INJUNCTION A decision to grant or deny a preliminary injunction is not an ultimate adjudication of the dispute, but simply a provisional remedy intended to preserve the status quo pending a trial on the merits. (Continental Baking Co. v. Katz (1968) 68 Cal.2d 512, 528; Hunt v. Superior C...

Excerpt: ...ersonal knowledge, inadmissible speculation and conclusions, inadmissible hearsay, irrelevant and prejudicial, improper legal conclusion, improper expert testimony, improper lay opinion testimony and conclusory). However, the declaration is based on Wallace's personal knowledge as it explains the accident from his perspective. In his memorandum in opposition, Plaintiff seemingly challenges the declaration on the ground it is selfserving by arguin...

Excerpt: ...f as it may be — Empire waived any defect or irregularity in the filing and service of the opposition. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) Accordingly, the gives due consideration to Plaintiffs' untimely opposition. REQUEST FOR JUDICIAL NOTICE Empire's unopposed request that the court take judicial notce of the Register of Actions for Tye v. Bowen is denied. While the court may take judicial notice of the files and records of...

Excerpt: ...ecessity indicating that the additional interrogatories are warranted because: (1) the complexity or quantity of existing or potential issues in the particular case; (2) the financial burden on a party entailed in conducting the discovery by oral deposition; or (3) the expedience of using this method of discovery to provide to the responding party the opportunity to conduct an inquiry, investigation or search of files or records to supply the inf...

Excerpt: ...oot. 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. (Minre 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 whi...

Excerpt: ...; as to No. 20 it is limited to California; as to No. 33, it is limited to technical service bulletins that apply to the defects at issue in this lawsuit; as to Nos. 38 through 41, it is limited to codes used in California; and as to Nos. 45 and 46, it is limited to vehicles in California and to those vehicles that experienced the same issues as Plaintiffs' vehicles. As to sanctions, they are denied. A party may bring a motion to compel further r...

Excerpt: ...q.; 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 description of the property and a statement of its v...

Excerpt: ...ablishes the right to entry of judgment as a matter of law. (CCP S 437c(c).) The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (CCP S 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Defendant, as the moving party, has the burden to show either that one or more elements of the cause of action cannot be established or that there is a co...