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: ...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: ...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: ...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: ...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: ...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: ...(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: ...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: ...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: ...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: ...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...