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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...

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. ...