Excerpt: ... granted as to the existence of the documents but not the truth of their contents. (Evid. Code §§ 452(c) & d [permitting judicial notice of “[o]fficial acts of the executive . . . departments of the United States” and “[r]ecords of . . . any court of record of the United States”]; People v. Morales (2018) 25 Cal.App.5th 502, 511, fn. 7 [“courts may take judicial notice of information published on official government websites”].) A g...

Excerpt: ...Reply. The request is untimely and the rulings are not binding on this Court; the request is denied as irrelevant and untimely. MOTION TO COMPEL ARBITRATION A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. (CCP § 1291.2.) The court must grant the petition to compel arbitration unless it finds the right to compel arbitration has been waived by the moving party; grou...

Excerpt: ...omplaint to correct an error in the description of the vehicle. The court reduces the time allocated to amending the complaint by reducing Mr. Brennan's time by 2 hours and deleting $112.50 of Ms. Jones' time, for a reduction of $1,502.50 from the litigation total. Thus, the litigation fees are reduced by $1,502.50, for a total of $17,917.00 allocated to litigation of the matter. The court also reduces the time spent on the present motion. The bi...

Excerpt: ...uests for production has the burden to state specific facts demonstrating good cause justifying the discovery sought. C.C.P. §2031.310(b)(1). To establish good cause, the moving party must demonstrate relevance and specific facts justifying discovery. Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98. The burden to show good cause for production “is met simply by a fact‐specific showing of relevance.” Tbg Ins. Servs. Co...

Excerpt: ...ordinary discovery cut‐off. (Code Civ. Proc., § 2024.020(a)). For discovery concerning designated experts, discovery proceedings must be completed on or before the 15th day, and to have motions concerning that discovery heard on or before the 10th day, before the date initially set for the trial of the action. (Code Civ. Proc., § 2024.030.) A continuance or postponement of the trial date does not operate to automatically reopen discovery proc...

Excerpt: ...missal pursuant to a delay in prosecution. When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met. (Jewish Defense Org. v. Superior Court (1999) 72 Cal.App.4th 1045, 1054‐55.) This burden must be met by competent evidence in affidavits and authenticated documentary evidence. (Id. at 1055.) Once a plainti...

Excerpt: ...er has failed to meet his burden to demonstrate that the Arbitrator committed a manifest abuse of discretion in upholding Petitioner's termination. SUMMARY OF PROCEDURAL FACTS Petitioner was served on June 30, 2020, with a Letter of Intent to Terminate for violation of Article XII, Section 2, of the County of Riverside Terms and Conditions of Employment with the Riverside Sheriff's Department related to a jail incident on June 22, 2019. The Depar...

Excerpt: ...s no defense to the action or proceeding. (Cal Code Civ Proc § 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 facie showing of the nonexistence of any triabl...

Excerpt: ...or sanctions is denied. Motion to Compel Production and Responses, Set Two, is denied as to RFP nos. 107‐111, 113‐ 119, 136 as moot. Motion to Compel is denied as to RFP nos. 123‐128, 131‐134 because Plaintiff waived the right to compel by failing to seek further responses to earlier, substantially similar, requests. Motion to Compel is granted as to RFP nos. 129, 130 and 135 because the responses are not compliant with CCP § 2031.240; D...

Excerpt: ...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. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusi...

Excerpt: ... 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. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not ...

Excerpt: ... 2030.090(b), 2030.040(b), 2033.080(b).) The moving party has the burden of establishing good cause for a protective order. (Emerson Elec. Co. v. Superior Court (1997) 16 Cal.4th 1101, 1110.) This requires a showing that the burdens involved clearly outweigh whatever benefits are sought. (Code of Civil Procedure, section 2017.020(a).) THE RELEVANCE OF THE SUBJECT DISCOVERY TO THE ALLEGATIONS OF THE FAC ARE NOT APPROPRIATE FOR A MOTION FOR PROTECT...

Excerpt: ...ut merit or too general. (CCP § 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 § 2031.310(b)(1); Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact‐specific showing of relevanc...

Excerpt: ...ought to be discovered are privileged, protected, or beyond the scope of discovery. (Code Civ. Proc., § 2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929.) “At a hearing on a motion to quash, the court must determine whether the party seeking the discovery has made a showing of good cause for the production of said matters and whether the items sought are material and relevant to the case.” (M.C.A. v. State of California (1982) 1...

Excerpt: ... counterpart). A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 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...

Excerpt: ... showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. At...

Excerpt: ...sts, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a factspecific showing of relevance.” (Tbg Ins. Servs. Corp. v. Sup. Ct. (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the responding party has the...

Excerpt: ...s an additional two hours of attorney time for preparation of the present motion, for a total award of $7,150.00. The court awards costs on appeal in the amount of $961.00. The court rejects plaintiff's contention that the fees should be reduced because defendant Papp, and not attorney Peterson, prepared Page 7 of 7 the briefing on appeal and performed the work. Plaintiff provides no evidence to support the contention. The prevailing defendant on...

Excerpt: ... allowed to recover under section 1032 includes attorney's fees authorized by contract, statute, or law. (Code Civ. Proc., § 1033.5(a)(10)(A),(B)&(C).) Labor Code section 218.5 states the court “shall award reasonable attorney's fees to the prevailing party…in any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions….” Labor Code section 226(e)(1) also provides for attorney's fe...

Excerpt: ...acts exists as to any of his causes of action, he failed to meet that burden by presenting legally admissible controverting evidence. “A defendant moving for summary judgment has the burden of showing that a cause of action lacks merit because one or more elements of the cause of action cannot be established or there is a complete defense to that cause of action.” (Jones v. Wachovia Bank (2014) 230 Cal.App.4th 935, 945.) Summary judgment lies...

Excerpt: ...om seeking exemplary damages or injunctive relief as remedies. A party may object by demurrer to a complaint on grounds that the pleading does not state facts sufficient to constitute a cause of action. (Cal. Code Civ. Pro. §430.10(e).) For the purposes of a demurrer, the allegations in the complaint must be accepted as true. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, a demurrer does not admit conten...

Excerpt: ...alth care practitioners who will be asked to express an opinion during the deposition, when such opinion includes opinion or factual testimony regarding the past or present diagnosis or prognosis made by the witness, or the reasons for a particular treatment decision made by the witness. The witness would not be considered to be giving an expert opinion if the testimony requires the witness only to read words and symbols contained in a relevant m...

Excerpt: ... order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., §473(b).) Section 473, subdivision (b), consists of two distinct parts: “a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25‐26.) Under the discretionary relief provision, “on a s...

Excerpt: ...tration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) 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/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated b...

Excerpt: ... and arguments. A general demurrer under Code of Civil Procedure section 430.10(a)(e) attacks the complaint for failing to state sufficient facts to state a cause of action or lack of subject matter jurisdiction. (McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77.) The defects must appear on the face of the document or judicially noticeable matters. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The “face of the complaint” re...

Excerpt: ...shed that any triable issues exist as to the Medical Malpractice or Loss of Consortium causes of action. The Motion for Summary Judgment is granted. Any party may move for summary judgment 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. (Cal Code Civ Proc § 437c(a).) “A defendant's motion for summary judgment should be granted if no triable issue exists as to ...

Excerpt: ...(negligent misrepresentation and fraud), the Page 4 of 6 Demurrer is sustained with leave to amend. While plaintiff has not alleged that the statement that the policy had been issued prior to the close of escrow was false at the time it was made, plaintiff may be able to allege that it was false at the time or may be able to allege other false statements or omissions. Plaintiff is given 20 days leave to amend the Complaint. A demurrer is a pleadi...

Excerpt: ...longer has an aggrieved employee as a plaintiff, the claim is dismissed. Motion for reconsideration is moot. A. Motion for Reconsideration Defendant moves for reconsideration of its 3/14/22 order denying arbitration as to PAGA, contending that under Viking River Cruises, that claim is subject to arbitration, and the court should dismiss PAGA. It argues it did not waive arbitration as to PAGA, and the matter should be stayed. B. Motion to Substitu...

Excerpt: ... any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant.” Here, plaintiff prevailed after a jury trial and is therefore “entitled as a matter of right to recover costs in any action or proceeding.” (CCP, § 1032, subd. (b).) The question is whether plaintiff is entitled to all the costs sought. A party dissatisfied with the costs claimed may move for an order striking or taxing the costs...

Excerpt: ...the NIED claim, the demurrer is sustained as to the third cause of action without leave to amend. (Ferrick v. Santa Clara University (2014) 231 Cal.App.4th 1337, 1341.) Generally speaking, there is no independent tort of negligent infliction of emotional distress; the tort is negligence, a cause of action in which the duty to the plaintiff is an essential element. (Potter v. Firestone Tire & Rubber Co. (1993) 6 Cal.4th 965, 984; see also Barker v...

Excerpt: ...in this case on February 23, 2022, irrespective of whether the funds are in Plaintiff's possession or held in a trust account for his benefit in the hands of a third party, until such time Plaintiff's appeal from the court's May 27, 2022 order directing parties to pay partition referee's fees and costs, is resolved by way of disposition, dismissal or withdrawal. As to the remaining orders requested by the partition referee, they are denied. In an...

Excerpt: ... the supervision of the playground at the time of the attack on plaintiff or that he could have prevented the attack. A defendant moving for summary judgment meets its initial burden on summary judgment by the following: 1. Presenting affirmative, admissible evidence negating an essential element of plaintiff's causes; 2. Showing a complete defense with admissible evidence on each element of the defense; 3. Showing an absence of evidence from pla...

Excerpt: ...) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve the overriding interest. (CRC §2.550(d).) The party seeking to seal documents has the burden to present sufficient facts to justify sealing the court records. H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879. A general assertion that docu...

Excerpt: ...t are deemed deficient by the requesting party (e.g., the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general), that party may file a motion compelling further responses.1 (CCP § 2031.310.) The motion must be served within 45 days after service of a verified response, and must be accompanied by a declaration showing a “reasonable and good faith attempt” to resolve the issues informa...

Excerpt: ...Preserve the rights of attorneys to prepare cases for trial with that degree of privacy necessary to encourage them to prepare their cases thoroughly and to investigate not only the favorable but the unfavorable aspects of those cases; (b) Prevent attorneys from taking undue advantage of their adversary's industry and efforts." (CCP § 2018.020.) Section 2018.030 provides “(a) A writing that reflects an attorney's impressions, conclusions, opin...

Excerpt: ...has a very specific meet and confer requirement; as relevant here, subdivision (b)(2) of that statute says: “The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about ...

Excerpt: ...requests for admissions admitted is granted. Sanctions is imposed against Plaintiff personally in the amount of $1,400. Pursuant to Cal. Code Civ. Proc. §2031.010, a party may demand that any other party produce and inspect a document that is in the possession of another party. Likewise, any party may obtain discovery by propounding to any other party to the action written interrogatories to be answered under oath. (Cal Code Civ Proc § 2030.010...

Excerpt: ...illas is sustained. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (CCP § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (CCP § 437c(p)(2); Cucuzza v. City of...

Excerpt: ... of discovery. (CCP §§ 1987.1(a); 2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929.) “At a hearing on a motion to quash, the court must determine whether the party seeking the discovery has made a showing of good cause for the production of said matters and whether the items sought are material and relevant to the case.” (M.C.A. v. State of California, (1982) 128 Cal.App.3d 225, 232‐33.) A right of privacy exists as to a part...

Excerpt: ...ically describing individual items or reasonably particularizing categories of documents. (Cal. Code Civ. Pro. §2031.030(c)(1).) “The ‘reasonably' in the statute implies a requirement such categories be reasonably particularized from the standpoint of the party who is subjected to the burden of producing the materials.” (Calcor Space Facility v. Superior Court (1997) 53 Cal. App. 4th 216, 222.) The responding party must respond to each req...

Excerpt: ...uest for judicial notice as to exhibits 41‐42 is granted, and denied as to the rest. Court declines to rule on Kalkwarf's evidentiary objection as immaterial. As a general rule, when a cause of action arises out of the furtherance of a defendant's right of petition or free speech in connection with a public issue, it is subject to a special motion to strike. (CCP § 425.16(b)(1).) An “act in furtherance of a person's right of petition or free...

Excerpt: ..., 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. Katlema...

Excerpt: ...l. Code Civ. Pro. §473(b), the court may relieve a party from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Relief from default is granted liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. (Fasuyi v. Permatex, Inc. (2008) 167 Cal. App. 4th 681, 6...

Excerpt: ...uced amount of $1,735.00. REQUESTS FOR ADMISSION ADMITTED CCP § 2033.290(e) provides that if a party fails to obey a court order compelling further responses to RFAs, “the court may order that the matters involved in the requests be deemed admitted.” The court may also impose monetary sanctions under CCP § 2023.010. (CCP § 2033.290(e).) The subject RFAs were propounded on Plaintiff on 3/10/22. (Dec.Chuah ¶ 2, Ex. “A”.) Plaintiff obtai...

Excerpt: ...(applicable to deposition subpoenas). (Weil & Brown, CPG: Civ. Proc. Before Trial (TRG 2022) Ch. 8E, §8:609.1.) A showing of “good cause” is required on motions to compel discovery from a party, but there is no specific requirement on such a motion directed to a nonparty for compliance with a deposition subpoena for document production. (Id. at § 8:609.3.) The Berman Opposition argues that this motion is procedurally defective because no no...

Excerpt: ...ly concealed the fact with intent to defraud; (4) the plaintiff was unaware of the fact and would not have acted had she or he had knowledge of the concealed fact; and (5) the plaintiff sustained damages as a result of the concealment. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868; Kladenback v. Mutual of Omaha Life Ins. Co. (2009) 178 Cal.App.4th 830, 850.) Each element of a claim for fraud must be pleaded wi...

Excerpt: ...leave to amend. GENERAL DEMURRER A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 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 pr...

Excerpt: ...ce, surprise, or excusable neglect. “The general underlying purpose of section 473(b) is to promote the determination of actions on their merits.” (Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal. 4th 830, 839.) The statute should be construed liberally where the party moves promptly for relief, and the party opposing the motion will not suffer prejudice if relief is granted. (Fasuyi v. Permatex, Inc. (200...

Excerpt: ...STRIKE COMPLAINT ON 1ST AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF ROB STEWART CVRI2101702 STEWART VS EAGEL TIME CARE FACILITY AND MEDICAL TRANSPORTATION LLC DEMURRER ON 1ST AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF ROB STEWART Tentative Ruling: Defendants Horizon Valley Home Health Care's and Canyon Springs Dialysis' Demurrer as to the ...

Excerpt: ...o the hearing itself, but includes due process requirements of adequate notice and opportunity to be heard. Gonzalez v. Santa Clara County Dep't of Social Servs. (2014) 223 Cal.App.4th 72, 96. The issue of fair trial is decided by an independent review by the court and if the court finds there has been a denial of a fair hearing, the court should issue a judgment granting the petition. English v. City of Long Beach (1950) 35 Cal.2d 155, 159; Wood...