Excerpt: ...n plaintiff's response to the FROG and RPD. Defendant failed to provide any factual arguments or legal authority within its memorandum of points and authorities in support of this aspect of the motion, as required. (Cal. Rules of Court, rule 3.1113(b); Code Civ. Proc„ 52031.310, subd. he Court DENIES the motion as to the objections contained within plaintiff's supplemental responses to defendant's discovery requests, which were provided in resp...

Excerpt: ...earms dealer within California. (Opposition, pp. 2 & 8.) Further, this Court finds that, as owner of the "Group 2" firearms, Lorenzo can direct the disposition of these weapons to a licensed firearms dealer for subsequent sale. (See Henderson v. United States (2015) 575 U.S. 622, 530-631; see also Penal Code, SS 30800, subds. & (c) ["possession of any assault weapon... in violation of this chapter is a public nuisance"], emphasis added, 30605, 30...

Excerpt: ...e Civ. Proc., S 425.16, subd. (c)(l).) On September 27, 2021, this Court granted cross- defendants' special moton to strike. (Code Civ. Proc„ S 425.16.) On November 3, 2021, the Court awarded cross-defendants, as the prevailing defendants, $30,555.00 in attorney's fees and $466.85 in costs. (Code Civ. Proc„ S 425.15, subd. (c)(l).) Cross-complainants appealed both orders. On July 28, 2023, this Court received the remittitur from the Third Dis...

Excerpt: ...s ("Zipcar") objections to evidence nos. 1-3 are OVERRULED. The Court declines to rule on Zipcar's remaining objections as the evidence objected to is not relevant to deciding this moton. Civ. Proc., S 437c, subd. (q).) The Court declines to rule on plaintiff's objection to Officer Diaz's video and transcript as the evidence objected to is not relevant to deciding this motion. (Code Civ. Proc., S 437c, subd. (q).) Plaintiff's motion for summary a...

Excerpt: ...strikes the following language from the complaint as to City, only: • „ improperly controlled/enforced speed limits in the above-described roadway, thereby created a hazard and increasing the potential for catastrophic injury and death. (Compl., 38e.) • had other defects or conditions that contributed to the SUBJECT INCIDENT. (Compl., 38g.) The notice of motion provides notice of this Court's tentative ruling system; however, the notice cit...

Excerpt: ...h 1403, 1420." Further, "the court's discretion to deny a motion under the statute is limited to circumstances where it is clear that the mistake, inadvertence, or neglect was inexcusable, or where it is clear that the withdrawal or amendment would substantially prejudice the party who obtained the admission in maintaining that party's action or defense on the merits. (ld. at pp. 1420—1421.) The Court finds that defendant's admissions were the ...

Excerpt: ...15, 422 [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) The Court SUSTAINS IN PART defendants Regents of the university of California ("Regents") Tracy Grissom ("Grissom") and Mary Elizabeth Floyd's ("Floyd") (collectively "defendants") objections to evidence offered by plaintiff, number 1, on the basis that the third sentence in paragraph 12 of William M. Bowen's...

Excerpt: ...eprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion." (Morgan v. Superior Court of Cal. In and For Los Angeles County (1959) 172 Cal.App.2d 527, 530.) First, the Court finds that plaintiff did not unreasonably delay in seeking to amend the complaint. (Cf. Fisher v. Larsen (1982) 138 Cal.App.3d 627, 649; Tsivyan decl., "1 4-7.) Second, the Court acknowledges that "t...

Excerpt: ...tion of the motion. The Court rules upon defendants' objection to the declaration of Jenaya Calderilla, D.O., as follows: • The Court declines to rule on defendants' objections numbers 5 through 7 12 — 15]. The Court finds that the evidence objected to is not relevant to the disposition of this moton. • The Court OVERRULES defendants' objections numbers 1 through 4, 8 and 9 1, 4— 11, 16, 17]. (Evid. Code, S 801.) • The Court SUSTAINS de...

Excerpt: ...; PLCM Group v. Drexler (20W) 22 cal.4th 1084, 1095; Christian Research Institute v. Alnor (2008) 155 cal.App.4th 1315, 1320 1322; City of Colton v. Singletary (2012) 206 Cal.App.4th 751, 784; see Quantum Ctnking Concepts, Inc. v. LV Associates, Inc. (2011) 197 Cal.App.4th 927, 934; citing Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 52; Lipow Decl., 3, 4, 8, Exhibit 1; Lipow Decl. ISO reply, "1 2 — 5.) However, the Court finds that plain...

Excerpt: ...rt, rule 3.1113(b); see Quantum Ctnking Concepts, Inc. v. LV Inc. (2011) 197 Cal.App.4th 927, 934; citing Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 52 [where motion is supported by a deficient memorandum, the trial court is justified in denying the moton on grounds].) The Court also notes that this motion was not timely filed based upon the original hearing date of this motion. (Code Civ. Proc., S 1005, subd. (b) [all moving papers must ...

Excerpt: ...three-phased trial as described in petitioner's moving papers will be conducive to expedition, economy and the ends of justice, the convenience of the witnesses, and the overall efficiency of the handling of this litigation will be promoted. The notice of motion does not provide notice of this Court's tentative ruling system as required by Local Rule 11.2(b). Counsel for moving party, or the moving party if unrepresented by counsel, is ordered to...

Excerpt: ...on the same cause of action." (Code Civ. Proc., S 430.10, subd. (c).) However, there are different primary rights asserted in Ruff I (Case No. 0.1-2021-1246) and Ruff II (Case No. 01-2022-1762). (Quiroz v. seventh Ave. center (2006) 140 cal.App.4th 1256, 1278-1279; Bush v. superior court (1992) 10 cal.App.4th 1374, 1384.) While Ruff I asserts injuries to decedent's heirs, Ruff II pleads injuries to decedent. (See Quiroz, supra, 140 Cal.App.4th at...

Excerpt: ... Cal.App.5th 1076, 1089 ["New evidence is generally not permitted with reply papers." l.) Defendant's special motion to strike is GRANTED IN PART. (Code Civ. Proc„ S 425.16.) "Litigation of an ant-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims arise from protected activity in which the defendant has engaged." (Bonni v. St. Joseph Health System (202...

Excerpt: ...shifts to the responding party to justify the objection. (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) The Court finds that plaintiff John Eldon Studarus has failed to meet his burden of justifying the objections to the discovery sought. (Ibid.) Plaintiff is directed to file further responses to defendant's requests for inspection (set one) nos. 1-15, with responsive documents, by October 13, 2023. Defendant's request for sanctions i...

Excerpt: ..., 349; Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081 ["plaintiff has the burden of proving that an amendment would cure the defect"]; Cooper v. Leslie Salt Co. (1969) 70 Cal.2d 627, 636 ["It]he burden of proving such reasonable possibility is squarely on the plaintff"]; see Sarkisian Decl., 2—11, Exhibits A, G, H.) The Court finds that plaintiff has failed to allege facts sufficient to constitute this cause of action. (Gov. Code...

Excerpt: ...d not consider the evidence to in making its ruling. Defendants Schilling Robotics, LLC ("Schilling") and FMC Technologies, Inc.'s ("FMC") objections to plaintiffs' evidence as to the declaration of Roy K. Suh nos. 17- 21 are SUSTAINED. The Court declines to rule on the other objections because the Court did not consider the evidence objected to in making its ruling. This Court does not consider the evidence submitted with plaintiffs Veronica Gar...

Excerpt: ...vacates its order denying the petition for writ of administrative mandamus and enters a new judgment granting the petition and (2) remands the matter back to the University for further proceedings consistent with the opinion by the Third District Court of Appeal. (See remittitur to trial court clerk, filed December 28, 2022; Hampton v. Superior Court in and for Los Angeles County (1952) 38 Cal.2d 552, 655—656 ["The trial court is empowered to a...

Excerpt: ... reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., S 1033.5, subds. (c)(2) & (3); Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) The costs were incurred to collect, review and documents in response to petitioners' Public Records Request — so that petitioners could prepare the administrative record. (See Coalition for Adequate Review v. City and County of San Francisco (2014) 229 Cal.App.4th 1043, 1055 [a petition...

Excerpt: ...of action for products liability - design defect — is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10, subd. (d); Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 952, 967.) The Court finds that plaintiffs have failed to allege the requisite elements of this claim; thus, the FACfails to allege facts sufficient to constitute a cause of action against Braun for products liability — design defect. (Code Civ. Proc., S 430.10, subd. (d)...

Excerpt: ...rt case number 34-2020- • on July 14, 2020, in case No. CV-2020-948, Nazia and Malik filed a complaint for financial elder abuse, civil suit for fraud, and forgery against defendants Shazia, Mohsan, Sadia Naseem ("Sadia"), and Ahsan (collectively "defendants"). This complaint was also filed on behalf of Zafar Iqbal. • On January 8, 2021, the Sacramento Superior Court transferred the 00280149 case to this Court. Upon receipt, this Court labele...

Excerpt: ...quests for production of documents, set one, is DENIED. (Code Civ. Proc., SS 2030.290, 2031.300, 2033.280.) "A separate statement is not required...[w]hen no response has been provided to the request for discovery..." (Cal. Rules of Court, rule 3.1345(b).) But, here, plaintiff did provide responses to the discovery and therefore, defendant must file a moton to compel further discovery with a separate statement. (See cal. Rules of court, rule 3.13...

Excerpt: ....4th 415, 422.) Defendant Covenant Care Courtyard's motion to strike is DENIED. (Code Civ. Proc., SS 435- 437.) Standing requirements will vary from statute to statute based upon the intent of the Legislature and the purpose for which the particular statute was enacted. (Blumhorst v. Jewish Family Services of Los Angeles (2005) 126 Cal.App.4th 993, 1000.) We turn to section 1430, subdivision (b). (Nevarrez v. San Marino Skilled Nursing & Wellness...

Excerpt: ...Ie Civ. Prcyc., S 2030.300; see Sole Energy Co. v. Petrominerals Corp. (2W5) 128 Cal.App.4th 187, 193 [the trial court may construe a pleading labeled as one type of motion to be a different type of motion].) The Court finds that this motion was not timely filed. (Code Civ. Pru., SS 1013, subd. (a) [service is complete at the time of the but any period of notice and any right or duty to do any act or make any response within any or on a date cert...

Excerpt: ...l., 4 — 11, Exhibits A— F.) Zero Net Energy Alliance, Inc. shall prov-de a verified response to plaintiffs discovery request, without objections, by July 1, 2023. 2 of 3 Plaintiff's request for sanctons is GRANTED IN PART in the amount of $720M. (Code Civ. Proc., SS 2023.030, subd. (a), 2031.3[n, subd. (c); Cal. Rules of Court, rule 3.1348; Pleau-Fuller Decl., '1 11.) The Court declines to award sanctions for time not yet incurred. If no hear...