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...