Excerpt: ...as required by California Rule of Court 3.1112(a) Second, the declaration of Marti Gonzalez that accompanies the moving papers for this motion was not submitted “under penalty of perjury” as required under CCP §2015.5 so as to be admitted into evidence in support of a motion. Also, there has been no proof of service filed with Ms. Gonzalez's motion to document that the moving papers for this motion were served on defendant-cross complainant ...

Excerpt: ...Fernandez obtained an order from the court on February 6, 2018 relieving him as Mr. Fernandez's counsel in this action. Mr. Fernandez remains in pro per. The Ledger Law Firm appears to remain as counsel of record for the minor Plaintiffs and their guardian ad litem. Moving Defendant asserts he was served with the summons and complaint but is not the person named in the police report relating to the subject automobile accident. No response to the ...

Excerpt: ...r 2, 2017 attended by counsel for Plaintiffs and Defendants. At the CMC the court ordered the matter set for trial on October 29, 2018. In January 2018 all parties stipulated to advance the trial date to October 1, 2018. Plaintiffs' current motion was filed on May 23, 2018 asking to add a new cause of action for Medical/Hospital Malice and Oppression and to add a new claim for punitive damages. Defendants oppose the motion. As Plaintiffs point ou...

Excerpt: ...e Nursing and Rehabilitation Center's demurrer to the causes of action for elder abuse with twenty days' leave to amend. Based on this court's ruling as to defendant Tulare Nursing and Rehabilitation Center's demurrer to plaintiffs' first amended complaint, defendant Tulare Nursing and Rehabilitation Center's motion to strike portions of plaintiffs' first amended complaint is moot. OPERATIVE FACTS This is an action filed by Sylvester Grigsby, ind...

Excerpt: ...nterpretation by reading it as a whole and with all its parts in their context. (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers...

Excerpt: ...ling of a proof of service that complies with the statutory standards (here CCP §417.10(a) when service is completed by personal service) creates a rebuttable presumption that service was proper. See Floveyor Int'l. Ltd v. Superior Court (Shick Tube‐Veyor Corp.) (1997) 56 Cal.App.4th 789, 795. Under CCP 417.10(a), where service is completed by personal delivery, the process server's declaration must show the time and place where the summons wa...

Excerpt: ... July 14, 2009, and has not undertaken any action to resolve her case by way of trial or settlement. An action must be brought to trial within five years after it is commenced against the defendant. If not, dismissal is mandatory on the motion of any party, or on the court's own motion. See CCP §§583.310 and 583.360 This five year statute establishes a “bright line” beyond which plaintiff's delay would not be tolerated. See General Motors C...

Excerpt: ...ons to evidence deemed material to the motion. (CCP 437c(q).) The court's rulings are in the file on the form of order lodged by Defendant. A summary judgment motion raises only questions of law regarding the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and the moving pa...