Excerpt: ...ter than the close of business on Tuesday, January 7, 2010, Plaintiffs may serve by electronic transmission Special Interrogatories, Requests for Production of Documents, and a Notice of Deposition of Lockheed's Person Most Qualified ("PMQ") (CCP § 2025.230) with respect to information and documents tending to show whether the State of California has specific personal jurisdiction over Lockheed. Lockheed shall serve by electronic transmission re...

Excerpt: ...perty") on January 26, 2017. (Compl. ¶¶ 1-2, 13.) Plaintiff seeks an order compelling Defendant Khaled Saeed and his insurance carrier, State Farm Insurance Company ("State Farm"), to produce certain unredacted documents identified on their privilege log in a letter and CD dated January 16, 2019 for an in camera inspection to determine if any privilege(s) applies. The Court had initially granted this Motion on May 23, 2019, but that Order has b...

Excerpt: ...f the facts in the Complaint and asserts seven affirmative defenses. After Defendant failed to respond to Plaintiff's Requests for Admissions, the Court entered an order deeming the admissions admitted on January 22, 2019. STANDARD OF LAW FOR MOTION FOR JUDGMENT ON THE PLEADINGS A court may grant a motion for judgment on the pleadings "[i]f the moving party is a plaintiff," and "the complaint states facts sufficient to constitute a cause or cause...

Excerpt: ...as subject to a five-year/100,000 mile powertrain warranty, and a later a 10-year/150,000 extended warranty. Plaintiff asserts that despite the repair attempts a steering defect persisted in his vehicle. Plaintiff alleges that Defendant knew about the defect through multiple means but concealed the steering defect, minimized the scope, cause and dangers of the defect, and refused to investigate, address and remedy the defect in the vehicles. Plai...

Excerpt: ...ECOND AMENDED COMPLAINT Plaintiff first filed this action on October 13, 2015. Plaintiff then moved to amend its Complaint in October 2018. After that motion was granted, Plaintiff filed the First Amended Complaint ("FAC") on December 14, 2018. On April 28, 2019, the Court sustained with leave to amend Defendants' demurrer to the Eighth through Twelfth Causes of Action in the FAC. On May 23, 2019, Plaintiff filed a Second Amended Complaint ("SAC"...

Excerpt: ...levant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an o...

Excerpt: ... a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be," unless the "complaint contains allegations of fact inconsistent with at...

Excerpt: ...er Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer t...

Excerpt: ...nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any." (CCP § 1021.5.) "'[V]oluntary' corrective action, induced by litigation, may properly be consid...

Excerpt: ...nst any of the parties who filed the complaint] except one filed [at the same time as the answer]." (CCP § 428.50(c).) "Leave may be granted in the interest of justice at any time during the course of the action." (Id.) Parker seeks leave to file a Cross-Complaint on the grounds that the Cross- Complaint arises out of the same transaction or occurrence as the Complaint. This action arises from a slip-and-fall incident that occurred on or about A...

Excerpt: ...a] nonparty shall petition the court for leave to intervene by noticed motion or ex parte application." (CCP § 387(c).) "The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests." (Id.) "The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) [a] ...

Excerpt: ...endant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant." (Id.) "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (CCP § 1032(b).) "[T]he trial court has no discretion to order each party to bear his or her own costs." (Michell v. Olick (1996...

Excerpt: ...ose . . . sanctions against anyone engaging in conduct that is a misuse of the discovery process[.]" (CCP § 2023.030.) "Misuses of the discovery process include, but are not limited to . . . [d]isobeying a court order to provide discovery." (CCP § 2023.010(g).) "[I]f a party fails to obey an order compelling further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a...

Excerpt: ...rike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike." (CCP § 472.) "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendm...

Excerpt: ... any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) ...

Excerpt: ...h Health & Safety Code section 25249.6; (C) the reimbursement of $31,000 for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; and (D) the civil penalty of $4,000 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b)(2). The CJ requires that no later than thirty (30) days after the Effective Date, Defendant Sur La Table, Inc. ("D...

Excerpt: ...2019. "The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." (CCP § 473(d).) Plaintiff Isaac Livingston's ("Plaintiff") Motion to Compel Production of Documents for an In Camera Inspection was filed on April 26, ...

Excerpt: ...nse, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction[.]" (CCP § 2031.310(i).) "In lieu of, or in addition to, that sanction, the court may impose a monetary sanction[.]" (Id.) "The court may impose a terminating sanction by . . . [a]n order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process ...

Excerpt: ...f the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "...

Excerpt: ...cation as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owe...

Excerpt: ...ries by unknown third parties due to their failure to control the crowd and ensure security of guests at the event, inadequate staffing, lack of competently trained staff, and sub-standard security. (FAC ¶¶ 20-23.) Plaintiffs seeks summary adjudication against sixteen affirmative defenses asserted by AEG: Second Affirmative Defense (Third Party Liability); Third Affirmative Defense (Statute of Limitations); Fourth Affirmative Defense (Fault of ...

Excerpt: ...claim, Plaintiffs seek discovery related to the vehicle, Defendant's warranty and related policies, and Defendant's analysis and investigation of defects similar to those alleged in regards to the vehicle Plaintiffs purchased. (See Memo. Sup. Mtn., pp. 1-2.) Plaintiffs' present motion asserts Defendant has failed to comply with this Court's orders related to IDCs, particularly an IDC Order of May 29, 2019. (See id. at pp. 3-4.) Defendant does not...

Excerpt: ...ed in this action as counsel for another general partner, Peter Andersen. Plaintiff did not establish "a substantial risk" of concurrent or successive representation of clients with conflicting interests. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 425-429; see also Coldren v. Hart, King & Coldren, Inc. (2015) 239 Cal.App.4th 237, 250.) Accordingly, Plaintiff did not show that this motion amounts to anything more than improper ...

Excerpt: ... has the burden to prove that all jurisdictional criteria are met. (See Yavapai-Apache Nation v. Lipay Nation of Santa Ysabel (2011) 201 Cal.App.4th 190, 206.) Here, Moving Defendant has submitted compelling evidence that it is a sole- member LLC established under the Limited Liability Corporation Act of the Blue Lake Rancheria Tribe of California, the sole member of which is the Blue Lake Rancheria Economic Development Corporation, which is a co...

Excerpt: ... that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revo...