Excerpt: ...records exception is a sufficient exception to overcome hearsay objections. Evidence Code 51552 governs admission of computer records. under the Evidence Code, the computer records are deemed reliable unless there is evidence that they are inaccurate or unreliable. Defendant has not met his burden in this regard. The Court notes that Defendant failed to follow the requirements of California Rule of Court 3.1354(b) and submit his objections in a s...

Excerpt: ...ad and consider the document filed by Dell V. Morgan on 11/27/2023. Morgan attacks the proposed Amendment as unreasonable. The Court has broad discretion in ruling on a petition such as the one before it now. (See, Orchard Estates Homes, Inc. v. The Orchard Homeowner Alliance (2019) 32 Cal.App.5th 471. A proposed amendment is unreasonable if it "is arbitrary, capricious, violates law or a fundamental public policy, or imposes an undue burden on t...

Excerpt: ...guez v. County of Los Angeles (1985) 171 Cal .App. 3d 171, 175.) In order to show mistake or excusable neglect by a preponderance of the evidence, "[al petitioner or counsel for a petitioner must show more than mere failure to discover a fact until tcho late; he or she must establish the failure to discover the fact in the use of reasonable diligence" [Citationl (Munoz v. State of California (1995) 33 Cal.App.4th 1757, 1783. There must be suffici...

Excerpt: ...Objections to a deposition notice under CCP section 2025.410(a) are limited to errors and irregularities in the deposition notice. Here, Freedom Forever does not object to irregularities in the deposition notice but contends the categories of the PMK examination and documents sought are privileged. Plaintiff concedes that objections based on privilege are not waived. (Reply at p.7). Plaintiff contends that the information sought is relevant to th...