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...