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2019.8.1 Motion for Trial Preference 208
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.1
Excerpt: ...ial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” The requirements of California Code of Civil Procedure Section 36(a) are satisfied here. Plaintiff's counsel David M. Medby has submitted a declaration in which he states that Plaintiff is 86 years old. (Declaration of David M. Medby (“Medby Decl.”), ¶ 4.) Medby's declarat...
2019.8.1 Motion for Leave to Reopen Discovery and Augment Expert Witness Designation 268
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.1
Excerpt: ...xpert discovery. Defendants also move for an order granting them leave to augment their expert witness designation by including Ross Nathan, M.D. As to the first request, the court may, upon motion by any party, “grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set.” Code Civ. Proc. § 2024.050(a). In exercisi...
2019.8.1 Motion for Leave to Amend Complaint 512
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.1
Excerpt: ...ng. Whether Northridge lacks standing to sue is not relevant at this stage in the proceedings. WKS is free to raise that defense on an appropriate pleading challenge, on a motion for summary judgment, or at trial. And even if Northridge lacks standing to sue, it may be that Lundin does have standing to sue. Denying Lundin leave to amend might prejudice him by depriving him of the right to raise a potentially valid claim, defense, or legal theory ...
2019.8.1 Motion for Summary Judgment, Adjudication 456
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.1
Excerpt: ...rth below, the court GRANTS the motion for summary adjudication as to Issue 2 and the 2 nd cause of action, and as to Issue 4 and the 5 thcause of action. The motion for summary adjudication is DENIED as to all other issues and causes of action. The motion for summary judgment is DENIED. Issue 1 1st COA: Violation of Labor Code 432.7 Whether the 1 st COA has no merit because Plaintiff cannot establish that Servite considered any record of arrest ...
2019.7.25 Motion to Reopen Record Following Bench Trial 889
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.25
Excerpt: ... evidence to consider the actual amounts it paid for product liability coverage and correct its tentative statement of decision. Under subdivision (a) of CRC 3.1590, after a trial of fact lasting more than one day, the court must announce its tentative decision by an oral statement or written statement filed with the clerk. This tentative decision does not constitute a judgment and is not binding on the court. CRC 3.1590(a). The court may enter a...
2019.7.25 Motion to File Undertaking 455
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.25
Excerpt: ...orneys' fees that may be awarded. Subdivision (a) of CCP section 1030 provides that, “[w]hen the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding.” Subdivision (b)...
2019.7.25 Motion to Compel Arbitration and Stay or Dismiss Proceedings 287
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.25
Excerpt: ...t forth below. A. Burden of Proof On a petition to compel arbitration, the only question before the trial court is whether it should specifically enforce the arbitration agreement. In making this preliminary determination, the trial court must follow the procedure outlined by the California Supreme Court in Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394, 412-414. When a petition to compel arbitration is filed and acco...
2019.7.25 Motion for Summary Judgment 122
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.25
Excerpt: ... at the cafe, plaintiff was caused by this vertical deviation to fall. Plaintiff claims that this was a dangerous condition that caused him to suffer injuries as a result. Defendants' argument is that the step had been painted bright yellow prior to the accident, and that plaintiff himself had testified that, had he seen the yellow marking, he would have been physically capable of stepping up and entering the bathroom. (See Def.'s Ex. B at 42:7-1...
2019.7.25 Motion for Preliminary Injunction 385
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.25
Excerpt: ... that Rolen has rendered to the Board. For the following reasons, the motion is granted in part and denied in part. Evidentiary objections: Objections numbers 3, 6, 7, 8, 9, 11, and 12 to the Declaration of Nina Boyd are sustained, and the remainder are overruled. Objections numbers 15, 17, and 18 to the Declaration of Jeffrey Riel are sustained, and the remainder are overruled. The objections to the Declaration of John Bedell and Mike Matsuda ar...
2019.7.25 Demurrer 036
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.25
Excerpt: ...nds that the action, which was filed on 11-28-18, is untimely under the one-year limitations period in Code Civ. Proc. § 340.5. Section 340.5 provides in relevant part: In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasona...
2019.7.19 Motion to Quash Subpoenas, Request for Monetary Sanctions 744
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.19
Excerpt: ...is applies to any of the “standard” privileges enumerated in the Evidence Code, including the privilege claimed here, the attorney-client privilege set forth in Evidence Code. 950, et seq. Courts cannot create exceptions to statutory privileges beyond those provided by the statute. University of Southern Calif. v. Sup.Ct. (Comeau) (1996) 45 Cal. App. 4th 1283, 1290. Information within the scope of certain of the above privileges including the...
2019.7.19 Motion to Dismiss Action 861
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.19
Excerpt: ...Cotton, Ltd., 75 Cal. App. 4th 486, 496 (1999) (“terminating sanctions are to be used sparingly, only when the trial court concludes that lesser sanctions would not bring about the compliance of the offending party”); Doppes v. Bentley Motors, Inc., 174 Cal. App. 4th 967, 992 (2009) (“A decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows...
2019.7.19 Motion for Leave to File Complaint 514
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.19
Excerpt: ...sicians Assistant Specialists-California Inc. dba PASCal, seeks leave of court to file a Cross-Complaint against Plaintiff Kristin Wagner and Kultured Medicine Corp. (CCP 426.50; 428.10.) The proposed Cross-Complaint alleges 5 causes of action for: 1. Intentional Interference with Third Party Contract 2. Negligent Interference with Third Party Contract 3. Intentional Interference with Economic Advantage 4. Negligent Interference with Economic Adv...
2019.7.19 Demurrer 744
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.19
Excerpt: ...Private Property alleged in Plaintiff Paul Winkler's Second Amended Complaint (“SAC”) is SUSTAINED without leave to amend. In its prior ruling sustaining Defendant's demurrer to the First Amended Complaint, the court granted Plaintiff “one final chance” to file an amended complaint. The ruling specifically stated that “[t]he amended complaint must state facts supporting each cause of action and facts that show absolute judicial immunity...
2019.7.18 Demurrer 294
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.18
Excerpt: ...the court is considering a transfer of the case to the family law division for a determination of the annulment issue. For example, the Complaint raises the following questions that are unique to the family law division – (i) whether the marriage should be annulled as illegal and void, from its inception, on the ground of bigamy under Family Code 2201 (a); (ii) whether the action was properly served on the wife prior to her death; (iii) whether...
2019.7.18 Motion for Terminating Sanctions or Issue and Evidentiary Sanctions, for Monetary Sanctions 830
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.18
Excerpt: ...ng defendant's Answer. Generally, severe sanctions like terminating sanctions for failure to comply with a court order are allowed only where the failure is willful. R.S. Creative, Inc. v. Creative Cotton, Ltd., 75 Cal. App. 4th 486, 496 (1999) (“terminating sanctions are to be used sparingly, only when the trial court concludes that lesser sanctions would not bring about the compliance of the offending party”); Doppes v. Bentley Motors, Inc....
2019.7.18 Demurrer 788
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.7.18
Excerpt: ...e Relief Compel Arbitration” alleged in plaintiffs Complaint is OVERRULED in part, and SUSTAINED with leave to amend in part. Defendant's demurrer to the first, second and third causes of action is OVERRULED. The demurrer to the fourth cause of action is SUSTAINED with leave to amend. First, second and third causes of action for Declaratory Relief: In Lockheed Martin Corp. v. Continental Ins. Co. (2005) 134 Cal.App.4th 187, the court stated tha...
2019.6.27 Motion for Leave to Amend Complaint, to Compel Further Responses 512
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.6.27
Excerpt: ...tiff's Further Responses to Special Interrogatories, Set One, and Request for Monetary Sanctions in the Amount of $1655.00: 4. Motion by Defendant WKS Restaurant Corporation for an Order to Compel Plaintiff's Further Responses to Request for Production of Documents, Set One, and Request for Monetary Sanctions in the Amount of $1510.00: No. 1. Motion for Leave to Amend by Leonard H. Lundin: Cross-Defendant Leonard H. Lundin seeks leave of court to...
2019.6.13 Petition to Compel Arbitration 177
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.6.13
Excerpt: ...sidering all of the parties' papers, including their supplemental briefs, the court issues the following tentative ruling: Defendants' Petition to Compel Arbitration and Stay Litigation On 11/13/18, Plaintiff Kenneth B. Blye filed his Complaint alleging 15 causes of action against the following named Defendants: 1. Cresa Management LLC (CM) 2. Cresa Partners of Orange County LP (CPOC) 3. Cresa Partners-West Inc. (CPW) 4. Jeff A. Manley 5. Wayne L...
2019.6.13 Motion to Quash Subpoenas or for Protective Order, Request for Sanctions 650
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.6.13
Excerpt: ...al or emotional injury'; while they may not withhold information which relates to any physical or mental condition which they have put in issue by bringing this lawsuit, they are entitled to retain the confidentiality of all unrelated medical or psychotherapeutic treatment they may have undergone in the past.” Britt v. Sup. Ct., 20 Cal.3d 844, 864 (1978). And even where information is directly relevant to the plaintiff's claim, any compelled di...
2019.6.13 Motion to File Under Seal, for Summary Judgment, Adjudication 456
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.6.13
Excerpt: ...r hearing on 6/27/19. In support of that motion, Servite filed the declaration of its former president Peter Bowen. Servite moves to seal paragraph 29 of the Bowen declaration because it contains confidential information regarding its former employee Larry Toner, who is not a party to this action. Disclosure of that information would invade Toner's third- party privacy rights in the details of his personnel file and his former employment. The cou...
2019.6.13 Motion to Compel Arbitration, for Dismissal or Stay of Action 789
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.6.13
Excerpt: ...Defendants South Coast Behavioral Health Inc., Charles A. McPhail, and Abdull Khan move to compel arbitration of this dispute and to stay this action pending resolution of the arbitration. (CCP 1280, et seq.; 9 USC § 4, et seq. the Federal Arbitration Act [FAA].) Co-Defendants South Coast Behavioral Health LLC and South Coast Behavioral Health Guesthouse Inc. also join in the motion. The court DENIES the motion as to all three Defendants, for th...
2019.6.13 Demurrer 979
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.6.13
Excerpt: ...NED in part and OVERRULED in part. First Cause of Action for Breach of Contract The court sustained with leave to amend Defendants' prior demurrer to the breach of contract cause of action as to defendants Secure Channels and Proximity finding that California courts do not recognize a theory of vicarious liability of an entity for the acts and omission of an individual, so-called “reverse piercing.” Postal Instant Press, Inc. v. Kaswa Corp. (...
2019.6.13 Demurrer 733
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.6.13
Excerpt: ...rers are OVERRULED. As a preliminary matter, CCP 430.41(b) is inapplicable here as no demurrer was previously sustained in this action. The prior motion to dismiss was brought under the FRCP, not CCP. First Cause of Action – Unfair Competition The UCL prohibits “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” Cal. Bus. & Prof. Code § 17200. Defendants contend that the Ye...
2019.5.30 Application to Lift Stay and Issue Updated Writ of Possession, Motion to Set Aside Judgment of Possession 630
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.30
Excerpt: ...by Defendant Horner On 5/9/19, Defendant Horner filed a bankruptcy petition, which triggers an automatic stay. So the question arises whether the court may rule on the two motions below. Here, Plaintiffs had already obtained a judgment for possession and writ of possession prior to Defendant's bankruptcy filing. So prior to the bankruptcy filing, it had already been established, as a matter of law, that Defendant had no legal or equitable right t...
2019.5.30 Petition for Writ of Administrative Mandate 091
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.30
Excerpt: ...(AR 135-136.) In a prior writ proceeding, this court found that the alleged false statements had been obtained in violation of Petitioner's POBRA rights, so that the allegations of dishonesty against him could not be sustained and could not form the basis of his termination. The court remanded the case to the City Council to reconsider the appropriate penalty, based exclusively on Petitioner's violations of departmental policy, and excluding any ...
2019.5.30 Demurrer 650
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.30
Excerpt: ...ded by statute. (Gov't Code § 815(a).) City further argues that the liability of a public entity for injury caused by the dangerous condition of public properly is exclusively governed by Government Code Section 835, which Plaintiff has already alleged in her first cause of action for premises liability. City correctly argues that Plaintiff's premises liability cause of action alleges liability based on the dangerous condition of public property...
2019.5.30 Demurrer 729
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.30
Excerpt: ...ust be accepted as true for the purpose of ruling on the demurrer. Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. Day v. Sharp (1975) 50 Cal.3d 904, 914, and Sosinsky v. Grant (1992) 6 Cal.App.4th 1746, 1...
2019.5.9 Motion to Require Furnishing of Security Bond Pursuant to Vexatious Litigant Statute 796
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.9
Excerpt: ...gation pursuant to subdivision (b) of Section 391.3. The motion for an order requiring the plaintiff to furnish security shall be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is not a reasonable probability that he or she will prevail in the litigation against the moving defendant.” In addition, CCP 393.3 (a) provides: “(a) Except as provided in subdivision (b), if, after hearing...
2019.5.9 Demurrer, Motion to Strike 798
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.9
Excerpt: ...d by the doctrine of res judicata because they are related to the conservatorship action for which she was the conservator. Generally, res judicata describes the preclusive effect of a final judgment on the merits. Res judicata, or claim preclusion, prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity with them. Planning & Conservation League v. Castaic Lake Water Agency (2009) 180 Cal....
2019.5.9 Motion to Strike 043
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.9
Excerpt: ...es line 3 as to Onofre Valencia; (9) Page 4, Prayer for Damages line 3 as to Mireya Valencia. Plaintiffs do not oppose the motion to strike as to defendant Margarita R. Ramirez who was not present at the time of the accident. Accordingly, the motion to strike as to Margarita R. Ramirez is GRANTED. The motion to strike as to defendant Carlos Ramirez is DENIED. Civil Code § 3294(a) provides for punitive damages “[i]n an action for breach of an o...
2019.5.9 Motion for Stay of Trial Pending Appeal of Matters 502
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.9
Excerpt: ...ge County Assessment Appeals Board (“AAB”). Even though a dismissal has yet to be entered, the ruling is not interlocutory, because no further judicial action is required by the court to render a final determination between plaintiff and AAB. City of Carlsbad v. Scholtz, 1 Cal.App.5th 294, 299 (2016)(citing Dana Point Safe Harbor Collective v. Sup. Ct., 51 Cal.4th 1, 5 (2010)). Plaintiff has filed a Notice of Appeal, and thus, a stay is requi...
2019.5.2 Motion for Permission to Use Accident Reconstruction Expert, or to Augment Expert Witness List 726
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.2
Excerpt: ...lemental expert witness list on 3/26/19, but Plaintiff does not want Yates to be limited to giving rebuttal testimony. In the alternative, Plaintiff Williams asks the court for leave to augment his expert witness list to belatedly designate Joseph Yates as an expert witness. (CCP 2034.610; 2034.620.) The court DENIES the motion for the reasons set forth below. Statement of Facts Defendant MICHAEL KEITH MAGNELL represents that he has always made i...
2019.5.2 Demurrer 552
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.2
Excerpt: ...cause of action for breach of the implied warranty of habitability is a contractual cause of action. Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903, 928-929. Plaintiffs do not dispute that the breach of implied warranty of habitability cause of action is a contractual cause of action, but contend that paragraph 20 of the FAC sufficiently evidences a contractual agreement. Paragraph 20 of the FAC alleges: “On or about October of 2016 . . . new ...
2019.5.2 Motion for New Trial 956
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.2
Excerpt: ...ing the verdict and appears to be irrelevant here. The court GRANTS the motion for the reasons set forth below. A. Surprise and Newly Discovered Evidence In his motion, Plaintiff makes a prima facie showing that he was surprised at trial because although Defendant had admitted liability during discovery, on the first day of trial she suddenly recanted and contested liability. (CCP 657 (3).) Plaintiff also argues that this constituted newly discov...
2019.5.2 Demurrer 999
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.2
Excerpt: ...ate a cause of action citing Ferraro v. Camarlinghi (2008) 161 Cal.App.4 th 509, 528 [02/07/19 Minute Order] In denying the Motion to Strike, the court indicated: “Ferraro says it all. A general demurrer should have been filed. There is no basis for granting a motion to strike.” The court did not “invite” County to file a demurrer. And, the court couldn't invite a Demurrer if it had wanted to as it was already too late to file one after t...
2019.5.2 Motion for Summary Judgment 771
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.2
Excerpt: ...dant breached its duty of care to the plaintiff by failing to use reasonable care in caring for him, failing to use reasonable care in the selection and maintenance of its staff, and failing to ensure the competency of its staff, thereby causing or contributing to the incident. (Complaint, ¶ 32.) Moving hospital submits the expert declaration of Alan C. Wittgrove, M.D., who is a board-certified surgeon and attests that he reviewed all of the rel...
2019.5.2 Motion for Summary Judgment, Adjudication 501
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.2
Excerpt: ...e not in the format required by California Rule of Court 3.1354(b). The objections are in narrative form and are not consecutively numbered. The court disregards them. Merits: In order to shift the burden on summary adjudication, the cross- defendants must show “that one or more elements of the cause[s] of action…cannot be established, or that there is a complete defense to the cause[s] of action.” See Code Civ. Proc. §437c(p)(2). The moti...
2019.5.2 Motion to Compel Depositions, for Monetary Sanctions 463
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.2
Excerpt: ... for 12/14/18. Defendants Pacific Los Alisos, LLC; Elaine Voechting; and Ben Lopez contend that Lakin and Shaver are current employees of defendant Pacific Los Alisos, LLC and therefore represented by counsel for Pacific Los Alisos, LLC. Lakin is a service technician and Shaver is the assistant community director of the subject property. Defendants further contend that upon notification from Lakin and Shaver as to the receipt of the deposition su...
2019.5.2 Motion to Compel Further Responses 595
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.2
Excerpt: ...sponse to these requests Defendant responded by stating that: “After a reasonable and diligent search, Defendant is unable to comply with the request as it is informed and believes that it no longer has documents responsive to this request because they were no longer in existence at the time the original discovery request was made.” Pursuant to California Code of Civil Procedure § 2031.230, a representation of inability to comply shall “sp...
2019.5.2 Motion to Quash Subpoena or for Entry of Protective Order 242
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.5.2
Excerpt: ... Murphy & King, P.C. (“M&K”) are DENIED in part. The first subpoena was issued on 11/12/18 and sought a deposition on 12/11/18 on three topics: A. Design and specification information for each variation of an implant bridge made and sold by Nobel or Nobel Biocare Procera LLC from inception to December 1998 and between May 2002 and January 2013 B. Design, manufacture, and sale of the implant bridges or their predecessors pursuant to six patent...
2019.4.25 OSC Re Preliminary Injunction, Application to Attach Order, Issue Writ of Attachment 274
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.4.25
Excerpt: ...o the individual Defendants Elia and Amirali Ibrahim in this case. But it was unclear whether the automatic stay also applied to the Ibra Family Trust, IBRA Farms Restaurants Inc., and IBRA Automation Systems. This was partly because the two debtors had declared certain assets in their bankruptcy schedules, but the Trustee had not yet had an opportunity to determine whether the stay should also apply to those entities. It was also unclear whether...
2019.4.25 Motion to Stay Action, Petition to Compel Arbitration 024
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.4.25
Excerpt: ...munities, Inc., and Lana Hammers motion for an order (1) staying this action until after the court issues a ruling on Defendants' Petition to Compel Arbitration; and (2) compelling plaintiff Linus Shelton, in and through his son and successor-in-interest, Lawrence Shelton, to submit his claims to binding arbitration is GRANTED. CCP § 1281.2 provides in pertinent part: “On petition of a party to an arbitration agreement alleging the existence o...
2019.4.25 Motion to Enforce Settlement 620
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.4.25
Excerpt: ...he parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” “A writing signed by the parties” is interpreted to mean that the settlement ...
2019.4.25 Motion to Compel Arbitration 993
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.4.25
Excerpt: ...nds for revocation of the agreement. Here the court finds there is an agreement to arbitrate. There has been no waiver of the right to arbitrate by defendant. No authority is cited or located saying the court is authorized to rule on whether plaintiff has waived the right to assert defenses to arbitration by demanding it. If it does, it finds that defendant's evidence does not show by clear and convincing evidence that plaintiff intended to waive...
2019.4.25 Motion for Relief from Dismissal 817
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.4.25
Excerpt: ...legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” “Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dis...
2019.4.25 Demurrer 896
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.4.25
Excerpt: ...ty. Second, the Complaint fails to plead any facts alleging that Plaintiff filed a government tort claim prior to filing the Complaint. State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239 (“We conclude that failure to allege facts demonstrating or excusing compliance with the claim presentation requirement subjects a claim against a public entity to a demurrer for failure to state a cause of action.”) Lastly, Plaintiff's false ...
2019.4.25 Demurrer 216
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.4.25
Excerpt: ...urrer to plaintiff V & S's first and second causes of action have been withdrawn and are therefore MOOT. Defendant SMMC's demurrer to plaintiff V & S's third cause of action for fraud is MOOT as SMMC is not a party named in this cause of action. Defendant Suheimat's demurrer to the third cause of action for fraud is sustained. The elements of a cause of action for fraud are: (1) a misrepresentation (false representation, concealment, or nondisclo...
2019.4.4 Motion to Transfer for Improper Venue 554
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.4.4
Excerpt: ...n the moving party, Defendant Vandegrift, to show not only that (a) venue is proper in Los Angeles County, but also that (b) venue is improper in Orange County under any applicable theory. (Weil & Brown, California Practice Guide, (The Rutter Group) at ¶ 3:573; 3:575; La Mirada Community Hospital v. Superior Court (1967) 249 Cal.App.2d 39, 42; Anaheim Extrusion Co. v. Superior Court (1985) 170 Cal.App.3d 1201, 1203.) B. General Venue Rule -- CCP...
2019.4.4 Motion to Strike Punitive Damages 464
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.4.4
Excerpt: ... resolving the objections raised by the motion to strike. (B) That the party who filed the pleading subject to the motion to strike failed to respond to the meet and confer request of the moving party or otherwise failed to meet and confer in good faith.” Defendants have not filed a meet and confer declaration and therefore failed to comply with section 435.5. The court continues the motion filed by Defendants Prospect/Orange LLC and Williams R...

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