Excerpt: ...for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burden of production to m...

Excerpt: ...nd shall include all of the following: (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached[;] (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best k...

Excerpt: ...o the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." (CCP § 1008(a).) "The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (Id.) "A party filing a renewed application must, among other things, submit an ...

Excerpt: ...twenty-one (21) days from the date of this Order. STANDARD OF LAW "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and 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 outli...

Excerpt: ...rer and motion to strike. Plaintiff shall file separate responsive briefs to each of Defendant's motions in all future filings. STANDARD OF LAW "A demurrer tests the legal sufficiency of 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...

Excerpt: ... sufficiency of 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 t...

Excerpt: ...tled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of produc...

Excerpt: ...le and serve the proposed Cross-Complaint without the Second Cause of Action for Quiet Title based on prescriptive easement no later than fourteen (14) days from the date of this Order. STANDARD OF LAW "A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint." (CCP § 428.50(a).) "A party shall obtain ...

Excerpt: ...ice states that the Motion was timely served via personal service. Accordingly, the Court shall consider the Motion on its merits. Gardiner also argues that Plaintiff's opposition was untimely as it was filed on September 16, 2020 when it should have been filed no later than September 14, 2020. However, Gardiner was able to substantively respond to the opposition, so the Court shall consider the opposition brief as well. MOTION TO COMPEL On Novem...

Excerpt: ...o merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "A party may move for summary adjudication 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...

Excerpt: ...otion Contesting Good Faith Settlement on September 10, 2020. Forni Defendants then filed an opposition to Aquino Defendants' on September 23, 2020. Finally, Aquino Defendants filed a reply in support of the Motion on October 5, 2020. As a threshold issue, Forni Defendants argue that the Motion filed by Aquino Defendants is untimely. "Within 25 days of the mailing of the notice, application, and proposed order, or within 20 days of personal servi...

Excerpt: ...rer and motion to strike. Plaintiff shall file separate responsive briefs to each of Defendant's motions in all future filings. STANDARD OF LAW "A demurrer tests the legal sufficiency of 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...

Excerpt: ...plaint no later than fourteen (14) days from the date of this Order. STANDARD OF LAW "A demurrer tests the legal sufficiency of 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, fa...

Excerpt: ...rriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the overriding interest." (Cal. Rules of Court, Rule 2.550(d).) MOTION TO SEAL Defendant seeks to s...

Excerpt: ... finds the Stipulation of Settlement to be unambiguous. The net proceeds of the Hayward Property sale were to be held in escrow or a similar account for later division. (¶ 1.) The Lathrop Property would then be appraised, and the difference between the two properties' values ("the difference") would then be calculated. (¶ 2.) Charnjit would then be paid (or owe, as it turns out) half that difference to the escrow account. (¶ 4.) Robin is then ...

Excerpt: ...laintiff's venue selection is not proper under any of the statutory grounds." (Id.) "In opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) "The presumption is, in the absence of an affirmative showing in that particular, that the county in which the title of th...

Excerpt: ...ne "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 the facts alleged in the pleading are deemed to be true, however improb...

Excerpt: ...ief until after Siteworks filed a Notice of Non-Opposition on September 28, 2020. Accordingly, the Court shall not consider Plaintiff's untimely opposition papers. Siteworks makes this Motion to enforce the Court's previous order on November 19, 2019 compelling Plaintiff's responses to discovery requests served on August 23, 2019. (Declaration of Anna J. Niemann ["Niemann Dec."] ¶¶ 6-7, Ex. A.) On November 21, 2019, the Court ordered that "Plai...

Excerpt: ...tled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of produc...

Excerpt: ...ed this action against Union and other defendants on September 22, 2015. On April 7, 2017, Plaintiff filed an alleged proof of service stating that he mailed a copy of the Complaint and amended summons, and a case management order through certified mail on April 6, 2017. However, Union states that Plaintiff did not include with the mailing two copies of the notice of acknowledgment. (Declaration of David M. Fujimoto, Ex. B.) Union states that no ...

Excerpt: ... with Special Interrogatories, Set Two on May 12, 2020. After multiple extensions were granted on the basis that substantive responses would be provided rather than objections, responses were due July 14, 2020. However, on July 15, 2020, Plaintiff electronically served unverified responses with purportedly meritless objections. Plaintiff then served verifications on July 16, 2020. Plaintiff's counsel represented that the responses were untimely d...

Excerpt: ... STANDARD OF LAW "A demurrer tests the legal sufficiency of 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...

Excerpt: ...y sanction[.]" (CCP § 2033.280(b).) "The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220." (CCP § 2033.280(c).) "It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to s...

Excerpt: ...laintiff's venue selection is not proper under any of the statutory grounds." (Id.) "In opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) "The presumption is, in the absence of an affirmative showing in that particular, that the county in which the title of th...

Excerpt: ...of the opposition and reply briefs which were not timely scanned for consideration prior to the original hearing date. STANDARD OF LAW "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 amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion i...

Excerpt: ... notice[.]" (CCP § 877.6(a).) "A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault." (CCP § 877.6(c).) To determine whether a settlement is entered into in good faith, the Court...

Excerpt: ...o merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "A party may move for summary adjudication 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...

Excerpt: ...shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[, and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (F...

Excerpt: ...han 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 amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amend...

Excerpt: ...g party is statutorily authorized to recover his or her attorney's fees from the losing party, the lodestar method is the primary method for establishing the amount of recoverable fees." (Glaviano v. Sacramento City Unified Sch. Dist. (2018) 22 Cal. App. 5th 744, 750- 51.) "Under the lodestar method, the trial court must first determine the lodestar figure-the reasonable hours spent multiplied by the reasonable hourly rate-based on a careful comp...

Excerpt: ...CKEN. The Court shall sign and enter Government Defendants' [Proposed] Order. STANDARD OF LAW "Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof[.]" (CCP § 435(b)(1).) "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . ...

Excerpt: ...triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of...

Excerpt: ...t 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 the facts alleged in the pleading are deemed to be true, ...

Excerpt: ...ed by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection ...

Excerpt: ...lose Defendant's intent to apply the opposition to all three motions. Defendant shall comply with all applicable Rules of Court and the Code of Civil Procedure in all future filings. STANDARD OF LAW "When an application for an order has been made to a judge, or to a court, and . . . granted . . . any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different...

Excerpt: ...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.) "As a g...

Excerpt: ...n 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) a demand for judgment requesting relief not supported by the allegations of the complaint...

Excerpt: ...y sanction[.]" (CCP § 2033.280(b).) "The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220." (CCP § 2033.280(c).) "It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to s...

Excerpt: ...resolve the matter without having to resort to filing a cross-complaint. Defendant asserts that liability and the facts as to how the subject accident occurred and the fault of the parties involved are still contested. Defendant states that due to alleged obstruction by Plaintiff State Farm Mutual Automobile Insurance Company, and due to previously unknown facts, Defendant only now has grounds to file a cross- complaint. This Motion is unopposed....

Excerpt: ...Court. Plaintiff is advised to comply with all applicable Rules of Court and the Code of Civil Procedure in all future filings. STANDARD OF LAW "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, 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 thi...

Excerpt: ...f is advised to comply with all applicable Rules of Court and the Code of Civil Procedure in all future filings. STANDARD OF LAW "A demurrer tests the legal sufficiency of 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 ...

Excerpt: ...o merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "A party may move for summary adjudication 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...

Excerpt: ...e to the complaint." (CCP § 438(c)(1)(A).) "A motion by a plaintiff for judgment on the pleadings is in the nature of a general demurrer to the answer, and the motion must be denied if the answer raises a material issue or sets up affirmative matter constituting a defense." (Barasch v. Epstein (1957) 147 Cal. App. 2d 439, 442.) "Where the answer, fairly construed, suggests that the defendant may have a good defense, a motion for judgment on the ...

Excerpt: ...g party is statutorily authorized to recover his or her attorney's fees from the losing party, the lodestar method is the primary method for establishing the amount of recoverable fees." (Glaviano v. Sacramento City Unified Sch. Dist. (2018) 22 Cal. App. 5th 744, 750- 51.) "Under the lodestar method, the trial court must first determine the lodestar figure-the reasonable hours spent multiplied by the reasonable hourly rate-based on a careful comp...

Excerpt: ...." (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.) "As a general rule in testing a pleading ...

Excerpt: ...s, Special Interrogatories, Demand for Documents and Requests for Admissions that were served on October 29, 2019. Plaintiff's Motion for Sanctions is GRANTED IN PART. STANDARD OF LAW "[A] civil litigant's right to discovery is broad." (Yelp Inc. v. Superior Court (2017) 17 Cal. App. 5th 1, 15.) "[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if th...

Excerpt: ...shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[, and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (F...

Excerpt: ...g party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction[.]" (CCP § 2033.280(b).) "The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial complian...

Excerpt: ...ne "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 the facts alleged in the pleading are deemed to be true, however improb...

Excerpt: ..., Plaintiff seeks to depose FCA's PMQ, but FCA has refused to produce a witness until late 2020 and only with respect to noticed matters of examination 1 (service and warranty history and repairs for subject vehicle) and 2 (communications between the parties), of but not the remaining topics regarding communications with third parties about the subject vehicle, other 2015 Fiat 500E vehicles repurchased or replaced pursuant to lemon laws by FCA, s...