Excerpt: ...tisfied. Protectve order. Code of Civil Procedure section 2030.050 requires any party propounding more than 35 special interrogatories to any other party to attach a declaration justifying the number of interrogatories. The supporting declaration must justify exceeding 35 interrogatories for one of three reasons: (1) the complexity or the quantity of the existing and potential issues in the particular case; (2) the financial burden on a party ent...

Excerpt: ...asonable diligence to personally serve Defendant, resorting to substituted service at a house that was no longer Defendant's dwelling house or usual place of abode, and that Plaintiff has not substantially complied with the statutory requirements for service of process so as to confer actual notice of the summons and complaint on the Defendant. a. Plaintiff Meets Evidentiary Burden Regarding Proper Service On a motion to quash service of summons ...

Excerpt: ...hat Singh and A&A knew of their identity yet unreasonably delayed filing and serving the Doe amendment until only a few months before trial even though their cross-complaint was filed nearly two years ago. Counsel for Avey, Richard C. Moreno, submits a declaration and attaches exhibits to show where their identity was revealed in discovery. Avey states that Singh and A&A knew of their existence and the factual and legal basis by which they could ...

Excerpt: ...tion(s): Motion to Set Aside Entry of Default, Default Judgment, Renewed Judgment, Writ of Executon and other orders Movant(s): Defendant Ha Tien Thi Ha aka Ha Tien Thi (erroneously sued and served as Tien T. Ha aka Tien H. Ha aka Ha Tien Ha aka Tina Ha aka Ha Tien Ha, et al. Respondent(s): Plaintiff Unifund CCR Partners, a New York Partnership Discussion - Here, Defendant seeks to set aside the judgment on the ground that it is void because she ...

Excerpt: ...eet and confer requirement applies to amended pleadings Page | 6 as well as originals. (Code Civ. Proc., S 430.41, subd. (a).) The meet and confer shall occur at least five days before the date the responsive pleading is due. (Code Civ. Proc., S 430.41, subd. If there is no resolution, the demurring party shall submit a declaration with h-s/her demurrer stating either (a) the means in which the parties met and conferred and that no resolution was...

Excerpt: ...lege that CDA has a possessory right to the property itself; thus, the cause of action does not state sufficient facts to support nor does COA have standing to bring a trespass cause of action. Additionally, GS8 also specially demurs that the trespass cause of action is uncertain because the FAC fails to allege who owns or possesses the property. In response, Plaintiff argues that it has adequately alleged that it owned the pipeline and the groun...

Excerpt: ... or in the alternative, summary adjudication pursuant to Code of Civil Procedure section 437c, subdivision (f) in favor of Defendants and against Plaintiff's SAC and the following causes of action contained in Plaintiff's SAC: (1) First Cause of Action for Breach of Contract; and, Page | 10 (2) Second Cause of Action for Conversion. Analysis: Plaintiffs First Cause of Action for Breach of Contract: Plaintiff's First Cause of Action is for Breach ...

Excerpt: ...ch 27, 2023, Faerber served his Designation of Expert Witnesses listing Richard Lewis Ruffalo, M.D. (Ruffalo), an anesthesiologist and pharmacologist, along with Kevin P. Becker, M.D., another anesthesiologist, both of whom are to testify concerning causation and damages according to the sworn declaration of defense counsel. (Scott Decl„ 96; Exh. 1.) Scott further declares one of the arguments proffered in support of Faerber's motion for summar...

Excerpt: ...a claim for fraudulent concealment are: "(1) concealment or suppression of a material fact; (2) by a defendant with a duty to disclose that fact to the plaintiff; (3) the defendant Page I 2 intended to defraud the plaintiff by intentionally concealing or suppressing the fact; (4) the plaintiff was unaware of the fact and would not have acted as he or she did if she had known of the concealed or suppressed fact; and (5) plaintiff sustained damages...

Excerpt: ...ameda County action (Jonathan Bullinger v. The Finish Line, Inc. (Case 23CV038515)) is transferred to San Francisco and that action is consolidated with this action (CGC-23-605200) for all purposes. All future filings shall be under case number CGC-23-605200. While plaintiff s dismissal of several of his Labor Code claims in this case reduces the overlap, there remains overlap regarding the enforceability of the parties arbitration agreement. Tha...

Excerpt: ...n (l), allows for the recovery of attorney fees associated with litigation compelling an employer to comply with its obligation to produce the personnel file. Plaintiff also contends that he can recover attorney fees under Labor Code section 432.6, subdivision (d),l which provides a court may award reasonable attorney fees to a prevailing plaintiff who enforces his rights under this section. An employer is precluded from requiring as a condition ...

Excerpt: ...74, among other cases cited in Plaintiffs Moving Papers; (2) The specific defects that affected the Subject Vehicle, including: a. Transmission Defects (Request Nos. 7-17); b. Engine Defects (Request Nos. 18-28); Page 2 c. Electrical Defects (Request Nos. 29-39); and, d. Structural Defects (Request Nos. 40-50) (Subject Vehicle Discovery). GM's Opposition: GM asserts that Plaintiff's motion to compel should be denied on the merits. GM argues that ...

Excerpt: ...) as evasive or incomplete, an objection is without merit or too general, or the exercise of the option to documents is unwarranted or the required specification of those documents is inadequate can move to compel further responses. (Code Civ. Proc., 52030.3W, subd. (a).) The motion to compel must be noticed within 45 days of receipt of the responses (plus the additional time if not personally served). (Code Civ. Proc., "2030.300, subd. (c), 2031...

Excerpt: ...mpromise, filed November 20, 2020, In re Donald Ray Paulson, supra (RJN Exh. B); • Docket for Saunders v. Paulson, Ap#llate Case No. D0751921, with underlying civil Case No. CIVDS1828407 (RJN Exh. C). There is no opposition to the request. The Court will grant Defendant's request and take judicial notice of the existence of court filings RJN Exhibits A and C, and take judicial notice of the Bankruptcy Court order RJN Exhibit B. Analysis With he...

Excerpt: ...sability is unable to perform his/her essential duties even with reasonable accommodations or cannot perform those duties in a manner that would not endanger others even with reasonable accommodations. (Gov. Code S 12940, subd. (a) Further, under California Government Code section 12926, subdivision (m), physical disability is defined as: "(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that d...

Excerpt: ..., LLC; and Bubba Likes Tortillas, LLC (Plaintiffs) then commenced the underlying lawsuit against the City and its City Manager, Andrea Miller, alleging defendants engaged in a "pay for play" scheme; committed government waste; failed to provide the full scoring rubrics used to determine the Page | 2 licenses; the scoring was not conducted rationally; and defendants failed to follow proper procedure and the Brown Act. Overall, the complaint and wr...

Excerpt: ... as to why the untimeliness of this motion was not addressed. However, the Court is not limited as by this oversight. 1 The moton in this case was filed 25 days after the application was mailed and e-mailed. The timeliness of the motion is not raised in the opposition. The Initial Burden Martinez and FedEx filed an application for good faith settlement indicating there was a settlement with Du for $12,500. The non- monetary term involves the rele...

Excerpt: ...ion claiming he spent 49.1 hours on the case at per hour, with the time broken down by task. (Morris Decl., "6-7.) The rate and time spent appear reasonable and are not challenged. Instead, in opposition, Defendant argues recovery should have been pursued through the Worker's Com#nsation Appeals Board. Labor Code section 3502, subdivision (a), provides in part: "Where the conditions of compensation set forth in Secton concur, the right to recover...

Excerpt: ...ing party, evidence obtained through discovery, and matters judicially noticed. (Code Civ. Proc. 5437c, subd. (b).) Declarations must be based on the personal knowledge of the declarant, show affirmatively that the declarant is competent to testify to the matters stated, and set forth admissible evidence. (Code Civ. Proc. 5437c, subd. (d).) The essential allegations of any common count are: (1) the defendant is indebted to plaintiff in a certain ...

Excerpt: ...ood Faith Meet and Confer Pursuant to Code of Civil Procedure section 439: Here Defendants have not filed a declaration outlining the parties' meet and confer efforts that took place prior to the filing of Defendants' JOP in violation with Code of Civil Procedure section 439. This alone is enough to take this matter off calendar. More importantly, as correctly point out by Plaintiff in his Opposition, the grounds for Defendants' motion for judgme...

Excerpt: ....App.4th 421.) Per the statute, to obtain an order for Plaintiffs to post an undertaking, the Defendant Dr. Faerber must establish that the Plaintiffs are out-of-state residents, and that he has a reasonable possibility of prevailing in the instant action. If the former are satisfied, then public policy requires an evaluation of Plaintiffs' finances to determine if they are indigent and if an undertaking would deny their fundamental right of acce...

Excerpt: ...aint. It is not enough that the complaint might be time-barred. (Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42; Roman v. County of Los Angeles (2000) 85 cal.App.4th 316, 324-325; stueve Bros. Farms, LLC v. Berger Kahn (2013) 222 cal.App.4th 303, 321.) If the dates in question are not shown on the face of the complaint, there is no ground for general or special demurrer (dates not being essential t...

Excerpt: ... paragraph; and must state whether the challenge is to the entire pleading or to some specific cause of action therein. (Cal. Rules of Court, rule 3.1320(a).) Here, although Defendant's notce of hearing and memorandum contain passing references to uncertainty, Defendant's demurrer only includes a single ground for demurrer—that Plaintiff failed to plead facts suffcient to state a cause of action. (See Dem 3.)1 Thus, the Court construes Defendan...

Excerpt: ...attorney's fees are "allowable costs." (Code Civ. Proc., 51033.5, subds. (a)(10)(A), (8), & (C); Santisas v. Goodwin (1998) 14 Cal.4th 599, 606.) Page | 2 Costs statutes are to be strictly construed. (Sequoia Vacuum Systems v. Stransky (1964) 229 Cal.App.2d 281, 289.) If the items appearing on a costs bill appear to be proper charges, the party seeking to tax costs bears the burden of showing they are not reasonable or necessary. If the items are...

Excerpt: ... legal cause; and (4) damage to plaintiff. (George A. Hormel & Co. v. Maez (1979) 92 Cal.App.3d 963, 965; 4 Witkin Cal. Proc. Plead S 537.) Page | 2 In this case, the form-SAC contains the cursory elements of a negligence claim as the pleading indicates all defendants owed a duty, breached the duty, and that the breached caused negligence. (See SAC at pp. 23-26.) In the demurrer, the focal point is whether a duty of care was owed between Ferra an...