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2018.7.12 Demurrer, Motion to Strike 157
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.12
Excerpt: ...tural Materials Co. (1981) 123 Cl.App.3d 593, 604). The Demurrer to the Second Cause of Action For Failure to Timely Pay Wages is SUSTAINED with leave to amend, on the basis that the FAC fails to allege facts demonstrating Plaintiff's daily wage rate. The Demurrer to the Third Cause of Action For Failure to Provide Wage Statements is OVERRULED. The Demurrer to the Fourth Cause of Action For Waiting Time Penalties is SUSTAINED with leave to amend,...
2018.7.12 Demurrer 819
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.12
Excerpt: ...emains standing. (See Warren v. Atchison, T. & S. F. Ry. Co. (1971) 19 Cal.App.4th 24, 36.) The cross-complainants have alleged sufficient facts in support of their first cause of action for breach of verbal contract. (See Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [elements]; XC at ¶¶ 6-9.) The cross-complainants do not have to allege facts to overcome potential defenses to a claim in order to properly plead it, and nothing o...
2018.7.12 Application for Right to Attach Order, for Temporary Protective Order, for Writ of Attachment 045
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.12
Excerpt: ...ort a writ of attachment against a natural person. C.C.P. § 430.10(c). The burden is on plaintiffs to establish the validity of the attachment. Loeb & Loeb v. Beverly Glen Music, Inc. (1983) 166 Cal.App.3d 1110, 1116. Also, since California's attachment law is purely statutory, it must be strictly construed. Kemp Bros. Construction, Inc. (2007) 146 Cal.App.4 th 1474, 1476. The Klein case is distinguishable as it involved a president of a corpora...
2018.7.12 Demurrer, Motion to Disqualify Counsel 887
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.12
Excerpt: ...the Petition fails to identify a mandatory statutory or other duty imposed by City ordinance which requires Respondents to: (i) “Declare a conflict as to Respondent City of Newport Ceach and Respondent Harp”; and (ii) to “…appoint special counsel to prosecute the violations.” For the court to issue a writ of mandate to compel performance of a duty, such duty must be mandatory in nature. Fry v. City of Los Angeles (2016) 245 Cal.App.4th ...
2018.6.7 Motion for Summary Judgment, Adjudication 863
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.6.7
Excerpt: ...of public policy. “The elements of a claim for wrongful discharge in violation of public policy are (1) an employer-employee relationship, (2) the employer terminated the plaintiff's employment, (3) the termination was substantially motivated by a violation of public policy, and (4) the discharge caused the plaintiff harm.” (Yau v. Allen (2014) 229 Cal.App.4th 144, 154.) Moving Party contends this cause of action fails because defendant never...
2018.6.7 Motion for Summary Judgment, Adjudication 060
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.6.7
Excerpt: ...ject to discretionary judicial notice under Evid. Code § 452(d). The court grants judicial notice. - State Bar Decision. This is a governmental record subject to discretionary notice. As the decision involves the taking of evidence, and one or more legal conclusions, which is not binding upon this court, the court exercises its discretion and declines to take judicial notice of the State Bar Decision. - OC Sherriff's Control Log and Police Repor...
2018.6.7 Motion for Leave to File Complaint 558
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.6.7
Excerpt: ...hould be raised by way of demurrer and/or motion to strike. Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048. Defendant Team Haley LP is ordered to e-file and serve its compulsory cross-complaint on plaintiffs Cynthia Armstrong and Tice Griffin within 5 court days and to serve non-party Nancy Adair within 21 days. Any prejudice caused by the pending trial date of 9-17-18 can be ameliorated by a short continuance of the tria...
2018.6.7 Anti-SLAPP Motion to Strike 336
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.6.7
Excerpt: ...order granting the anti-SLAPP motion filed by defendants Stephen Madoni and Charles McHugh in Leone I, dated November 3, 2016; 4. Notice of entry of judgment on Sorensen's complaint as to defendants Stephen Madoni and Charles McHugh in Leone I, dated November 10, 2016; 5. Minute order granting defendants' motion for attorney fees on anti-SLAPP motion in Leone I, dated February 2, 2017; 6. Complaint filed by Sorensen in Sorensen v. Gardner, et al....
2018.5.10 Motion to Appear as Counsel Pro Hac Vice 623
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.5.10
Excerpt: ...iled 9 court days before the continued hearing date of 5-31-18. Otherwise attorney W. Edward Shipe's application complied with the other provisions of Rule 9.40 for admission pro hac vice. Moving party to give notice. 2. Application for Pro Hac Vice Admission of John A. Lucas by Defendants Procon Analytics, LLC, Advantage GPS, LLC, Connected Holdings, LLC, Oigo Telematics, LLC, Procon Inc., and Brian Boling: Attorney John W. Lucas' application fo...
2018.5.10 Demurrer 308
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.5.10
Excerpt: ...the alleged trade secret with reasonable particularity. The first and sixteenth affirmative defense are not really affirmative defenses because defendants have no burden of establishing any new matter such that plaintiff should be barred from recovery. See, C.C.P. § 431.30(b) and Walsh v. West Valley Mission Comm. (1998) 66 Cal.App.4th 1532, 1546. As to defendants' second affirmative defense of the statute of limitations facts do not have to be ...
2018.5.10 Demurrer, Motion to Strike 060
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.5.10
Excerpt: ...mended complaint. Second, a demurrer to an entire to complaint may be overruled if any cause of action is properly stated. C.C.P. § 430.50 and Warren v. Atchison, Topeka & Santa Fe Ry. Co. (1971) 19 Cal.App.3d 24, 36. The Court of Appeal Opinion sets forth that plaintiff Stark has stated a cause of action for Conspiracy to Harass based on the tort of IIED. Third, even if construed as a demurrer to all causes of action except as to plaintiff Star...
2018.5.10 Motion for Fees, OSC Re Dismissal 952
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.5.10
Excerpt: ... Hsu v. Abbara (1995) 9 Cal.4th 863, 875 to 876. Also, attorney's fees for litigation before answer is filed are recoverable. Stokus v. Marsh (1990) 217 Cal.App.3d 647, 656. The parties also agreed that the issue of attorney's fees as damages would be decided by post-trial motion. The court finds sums set forth above reasonable and necessary as to both attorney's fees and costs. PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 10984, 1095. Moving pa...
2018.5.10 Motion to Seal Confidential Portions of Complaint 933
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.5.10
Excerpt: ...entified party in September 2016. (See McGlinn Decl. at ¶¶ 2-3.) While plaintiffs have identified a potential overriding interest supporting the requested sealing, i.e., the NDA (see McGlinn Decl. at ¶ 2), plaintiffs have failed to demonstrate a substantial probability, or any probability for that matter, that the interest will be prejudiced absent sealing, a necessary prerequisite to a sealing order. McNair v. National Collegiate Athletic Ass...
2018.5.3 Motion for Judgment on the Pleadings 898
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.5.3
Excerpt: ...gment on the Pleadings on the Cross-Complaint filed by Decedent Carl Bergeman: Cross-defendant Dominic J. Antonini's motion for judgment on the pleadings as to the cross- complaint by decedent Carl V. Bergeman is granted in part and denied in part. GRANTED, with 10 days leave to amend, if cross-complainant Vincent Bergeman as personal representative can plead facts as to some economic loss to support the cause of action for IIED. See, County of L...
2018.5.3 Motion to Compel Deposition 369
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.5.3
Excerpt: ...C.P. § 2024.020. Relatedly, moving parties have not moved to re-open discovery pursuant to C.C.P. § 2024.050. Without establishing that discovery should be re-opened trial court cannot order further discovery. See, Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1586 to 1588. Trial remains set for 5-7-18. Moving parties to give notice. ...
2018.5.3 Motion for Reimbursement Determination 982
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.5.3
Excerpt: ...aintiff's case distinguishable. In particular, unlike plaintiff Ormsbee's case, there is not a heavy comparative fault issue as to other parties as is present in plaintiff Ormsbee's case. The court finds that the value of plaintiff Ormsbee's civil action, taking into account Proposition 51, is no more than $1,750,000.00. Utilizing the formula set forth in Ahlhorn, the court finds that the value of the $500,000.00 settlement in this case attributa...
2018.5.3 Motion for Summary Judgment, Adjudication 595
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.5.3
Excerpt: ...claims. The motion for summary adjudication by defendants Walt Disney Parks and Resorts U.S. Inc. and Kevin Moseley as to plaintiff Jesus Licea's employment law complaint is granted in part and denied in part. GRANTED as to defendant Kevin Moseley's motion for summary adjudication that he has no individual liability as supervisor for violation of FEHA, CFRA and for wrongful termination in violation of public policy. Reno v. Baird (1995) 18 Cal.4t...
2018.5.3 Motion for Summary Judgment, Adjudication, Demurrer, Motion to Strike 243
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.5.3
Excerpt: ...et al. have a demurrer and motion to strike pending as to plaintiff Gaff's amendment to third amended complaint. In addition, the trial set for 6-4-18 is ordered vacated and trial is re-set for 10-29-18, at 8:30 a.m., in Department C-33. Relatedly, all pre-trial cutoff dates are continued to the new trial date of 10-29-18. Moving parties to give notice. 2. Demurrer of Defendants Mehrdad Mark Moshayedi and Classic Investments to Third Amended Comp...
2018.5.3 Motion to Compel Deposition 241
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.5.3
Excerpt: ...lish that any of its objections had merit. See, Coy v. Superior Court (1962) 58 Cal.2d 210, 202 to 221. Of note, it appears that plaintiff Currey is willing not to depose Erich Kemnitz, Wiliam G. Ballard and Eric L. Kalis if defendant Ford Motor Company will not call any of these witnesses at trial. This ruling is without prejudice to the parties stipulating, in writing, that the depositions of Erich Kemnitz, Wiliam G. Ballard and Eric L. Kalis w...
2018.5.3 Demurrer 788
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.5.3
Excerpt: ...they each had an oral agreement not be terminated except for “good cause” and that defendants required plaintiffs to sign an agreement with an improper non-competition clause and when plaintiffs refused to do so their employment was terminated without good cause. As to declaratory relief, plaintiffs have alleged an actual controversy as to breach of the buyout agreement that will support this cause of action at this pleading stage. In Ludgate...
2018.4.26 Motion to Reopen Discovery 711
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.26
Excerpt: ...nue trial and to leave the discovery cutoff based on the initial trial date was entered into. California law favors resolution of cases on their merits. Elston v. City of Turlock (1985) 38 Cal.3d 227, 233. Lack of diligence to support denial of leave to re-open discovery in the civil action before this court as to defendant Christopher Reyes is not shown. Plaintiffs request for sanctions against defendant Reyes and his counsel, pursuant to C.C.P....
2018.4.26 Motion to Transfer Venue 971
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.26
Excerpt: ...ely in the trial court's discretion. Cooney v. Cooney (1944) 25 C2d 202, 208 Here, the motion has been made within a reasonable time. It was filed less than a month after defendant was served with the summons and complaint. CCP § 395 states in part: (a) Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or so...
2018.4.26 Demurrer 884
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.26
Excerpt: ...an infringement action.” Ultrapure Systems, Inc. v. Ham-Let Group (N.D. Cal. 1996) 921 F.Supp. 659, 665. Lack of standing is grounds for a general demurrer. (Friendly Village Community Assn., Inc. v. Silva & Hill Constr. Co. (1973) 31 Cal.App.3d 220, 224.) Plaintiff's Opposition concedes this omission and states that the complaint can be amended to address this; accordingly, leave to amend is granted. Moving parties' other arguments are rejecte...
2018.4.26 Demurrer 630
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.26
Excerpt: ...of its elements.” (Norgart v Upjohn (1999) 21 Cal.4th 383, 397.) “[T]he statute of limitations begins to run when the plaintiff suspects or should suspect that [its] injury was caused by wrongdoing, that someone has done something wrong … the limitations period begins once the plaintiff “has notice or information of circumstances to put a reasonable person on inquiry …” (Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1110–1111.) Wh...
2018.4.26 Motion to Compel Production 369
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.26
Excerpt: ... set of requests for production served on JYP Investments, LLC, is DENIED as untimely. The last day any party to this action had a right to have any discovery motions heard was 15 days prior to the trial date of January 2, 2018, which was Monday, December 18, 2017. (Code Civ. Proc., § 2024.020.) It is well past this deadline. Plaintiffs have not moved for a request to have this motion heard after this deadline as required under Code of Civil Pro...
2018.4.26 Demurrer 547
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.26
Excerpt: ... to two employees for business purposes. Moving Party states there was no “Easter” celebration and the information regarding the theft was not made by defendant to any family member. In opposition, plaintiff contends the allegations of the First Amended Complaint must be taken as true and defendants have alleged the misrepresentation was made with malice. Plaintiff contends the allegations show defendants “wrongfully terminated Gary based o...
2018.4.26 Demurrer 492
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.26
Excerpt: ...h filed his first amended complaint on 01/31/18, further amendments (such as joining Mr. Brooks as a party Plaintiff) required court approval. Code Civ. Proc. § 472. On its own motion, the court takes judicial notice of the fact that it did not grant Plaintiff leave to amend his complaint to join Arthur Brooks, dba “Art Brooks Sea Company” as a party plaintiff. Thus, the court holds that Mr. Brooks was not a named party to this action as of ...
2018.4.26 Motion for Attorney's Fees 568
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.26
Excerpt: ....” Case law interpreting this statute provides for discretion in determining prevailing party. Thus a party seeking an award of attorney's fees, pursuant to Civil Code § 5975(c), must establish that they prevailed on claims to enforce the governing documents. Plaintiff Anthony Lam Nguyen sued defendant The Townhomes Association for enforcement of the governing documents and for wrongful lien. (See, Plaintiff's Complaint.) Summary judgment was ...
2018.4.19 Motion to Compel Responses 498
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.19
Excerpt: ...re additional items identified in Attachment 1g that bring the total to $1,770.00. The items in 1.g do bring the total to $1,770.00. The items are filing fees for an ex parte hearing, the MSJ/MSA and two $10 entries for the electronic filing fees related to oppositions. Item 4 – deposition costs Defendant has explained he was the only defendant present at the deposition of plaintiff. Further, despite plaintiff's protestations to the contrary, d...
2018.4.19 Motion for Summary Judgment, to Continue Trial, to be Relieved as Counsel 311
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.19
Excerpt: ...prompt disposition of civil cases, the dates assigned for trial are firm. All parties and their counsel must regard the date set for trial as certain.” Rule 3.1332(b) provides that the court may order a trial continuance upon an affirmative showing of good cause. See also, Rutter, Civil Procedure Before Trial, Section 12:453. Rule 3.1332(c) sets forth several specified grounds constituting good cause for a continuance. “Circumstances that may...
2018.4.19 Motion to Strike 870
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.19
Excerpt: ...Wachovia Mortg., FSB (2010) 185 Cal.App.4th 1018, 1023 [“[f]ollowing an order sustaining a demurrer or a motion for judgment on the pleadings with leave to amend, the plaintiff may amend his or her complaint only as authorized by the court's order”].) For the sake of efficiency, however, the court will exercise its discretion to allow the amendment. (Weingarten v. Block (1980) 102 Cal.App.3d 129, 134 [trial court has broad discretion to allow...
2018.4.19 Motion for Summary Judgment, Adjudication 604
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.19
Excerpt: ...n for open book account, fourth cause of action for unjust enrichment/constructive trust and fifth cause of action for accounting. Courts do not grant summary judgment on two causes of action with a plaintiff agreeing to dismiss other causes of action if “summary judgment” as to two other causes of action is granted. Second, as to summary adjudication, plaintiff Eco's motion for summary adjudication as to plaintiffs' first cause of action for...
2018.4.19 Motion for Judgment on the Pleadings 900
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.19
Excerpt: ...sufficient is not grounds to grant or deny the motion for judgment on the pleadings” (CCP 439(a)(4)), its requirements are otherwise mandatory. Here, the motion was filed on 1-3-18, and is thus subject to CCP 439. However, Moving Party did not file the required declaration. Responding Party's Opposition raises this defect [as well as arguing the merits of the motion]. Moving Party's Reply argues that the issue of meeting and conferring “was a...
2018.4.12 Motion to Compel Further Responses 502
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.12
Excerpt: ...033.290(c).) The parties agreed to extend the statutory deadline to file the instant motions to 12-22- 17. (Ex. F to respective motions.) However, the motions were not filed until 12-28-17. A party seeking to compel further responses to discovery must file the motion within the statutory deadline, or its right to do so is waived; a court is without jurisdiction to do anything but deny the motion if filed after that time, even in the absence of wr...
2018.4.12 Motion to Compel Further Responses 353
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.12
Excerpt: ...ust 2014 that are in the possession, custody or control of these defendants. As to RFPD Nos. 1 and 2, the court exercises its discretion and sets an evidentiary hearing for 5-7-18, at 9:30 a.m., in Department C-33.Mutual Mortgage Co. v. Avis (1986) 176 Cal.App.3d 799, 805. The court will hear evidence, including live witnesses, on the following issues: (1) whether an implied attorney-client relationship arose between plaintiff Andrew Oshay as Tru...
2018.4.12 Motion to Compel Further Responses 266
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.12
Excerpt: ...ust 2014 that are in the possession, custody or control of these defendants. As to RFPD Nos. 1 and 2, the court exercises its discretion and sets an evidentiary hearing for 5-7-18, at 9:30 a.m., in Department C-33.Mutual Mortgage Co. v. Avis (1986) 176 Cal.App.3d 799, 805. The court will hear evidence, including live witnesses, on the following issues: (1) whether an implied attorney-client relationship arose between plaintiff Andrew Oshay as Tru...
2018.4.12 Motion for Summary Judgment, Adjudication 568
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.12
Excerpt: ...te Statement, Fact Nos. 1-4, 25, 266, 267, 279.) As to the second cause of action for breach of contract, there are triable issues as to the terms of the alleged contract, plaintiff's performance, and breach. (Moving Party Separate Statement, Fact Nos. 23-30 [contract terms], 33-35 [performance and/or excuse for nonperformance, damages], 37, 38 [breach]; Responding Party Separate Statement, Fact Nos. 23, 24, 25 [terms], 31, 34, 303-305, 307, 308 ...
2018.4.12 Demurrer, Motion to Strike Punitive Damages 060
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.12
Excerpt: ...ge in the meet and confer process set forth in Code of Civil Procedure §430.41. That section mandates the “demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” Cal. Civ. Proc. Code § 430.41 The declaration filed in connection with this...
2018.4.12 Demurrer, Motion to Strike 706
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.12
Excerpt: ...eading stage. Rosenfeld v. JPMorgan Chase Bank, N.A. (N.D. Cal. 2010) 732 F.Supp.2d 952, 958. As to breach of contract, plaintiff Revel failed to attach the residential lease agreement as Exhibit 1 as alleged, but has alleged sufficient facts as to the legal effect of the contract and the nature of the breaches to state a cause of action for breach of contract. Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 126 Cal.4 th 1...
2018.4.12 Demurrer 477
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.12
Excerpt: ...were in dispute. Plaintiff contends the wrongful conduct was the fact Responding Party instructed the insurance carrier to hold back all attorney fees from the settlement check, (including plaintiff's alleged fees of $83,333.34) despite the fact plaintiff had already agreed to keep defendant's claimed $5,000 lien in his trust account pending an agreement as to the amount of the lien. That act gave defendant an unwarranted advantage over plaintiff...
2018.4.5 Demurrer 833
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.5
Excerpt: ...endants Sidley and McNicholas to plaintiff Coleman's second amended complaint was sustained on the ground of uncertainty. (2-8-18 Minute Order.) In plaintiff Coleman's second amended complaint, plaintiff's definition of “Defendants” included defendants Sidley and McNicholas based on Paragraph 11 of plaintiff' second amended complaint and thus the regular use of “Defendants” left it unclear what allegations were being made against defendan...
2018.4.5 Demurrer 501
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.5
Excerpt: ...sserting a cause of action as a counterclaim, such cause shall be asserted as a cross-complaint. The erroneous designation of a pleading as a counterclaim shall not affect its validity, but such pleading shall be deemed to be a cross-complaint. Even if the court could consider the counterclaim as a cross-complaint and rule on the merits, the pleading is still procedurally defective. A cross-complaint may not be asserted as part of an answer. The ...
2018.4.5 Demurrer 765
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.5
Excerpt: ...ged. It is not sufficient that the complaint might be barred. Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4 th 1397, 1403. The Cross-Defendant argues that the Settlement Agreement was executed in April of 2009, and as the purported scrivener's error occurred at that time, the action is barred by the statute of limitations at CCP § 337(1). Cross-Complainant argues that a new cause of action arises each time a wrongful action occurs, i.e...
2018.4.5 Demurrer, Motion to Strike 538
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.5
Excerpt: ...is impossible to determine which Defendant committed what wrongdoing. This in turn renders the complaint such that the Defendant cannot reasonably respond. See Khoury v. Maly's of California Inc. (1993) 14 Cal.App.4th 612, 616. Additionally, as most of the underlying liability sounds in deceit, the use of a collective reference for the 14 various entity Defendants will result in the pleading being subject to demurrer for failure to allege the fra...
2018.4.5 Motion for Judgment on the Pleadings 898
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.5
Excerpt: ...ion of its pending motion for judgment on the pleading will be rendered moot if the motion to substitute in personal representative is granted. Hence the court exercises its discretion to hear these matters together on 5-3-18, at 1:30 p.m., in Department C-33. Moving party to give notice. Plaintiff/Cross-Defendant Dominic J. Antonini's Request for Judicial Notice: Plaintiff/cross-defendant Dominic J. Antonini requested that the court take judicia...
2018.4.5 Motion to be Relieved as Counsel 177
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.5
Excerpt: ...re trial, and it cannot represent itself in litigation. An uncontested judgment at trial against Hyperion will also substantially prejudice the ability of Mr. Nazarain to defend himself at trial in his capacity as the guarantor of Hyperion's debt. Without more evidence as to the nature of the “breakdown of attorney-client relationship” (i.e. whether counsel's withdrawal is based upon facts requiring mandatory withdrawal or whether counsel's w...
2018.4.5 Motion to be Relieved as Counsel 896
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.5
Excerpt: ...ect Judicial Council forms and has met the other requirements to grant the requested relief, the Moving Party has not stated that good cause exists for the requested relief. RULING: Attorney Lisa G. Salisbury's motion to be relieved as counsel of record for Plaintiff Tukhi Business Group, LLC is conditionally granted upon evidence at the hearing as to “good cause” for the requested relief. The submitted declaration of attorney Salisbury is in...
2018.4.5 Motion to Quash Deposition Subpoena 369
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.4.5
Excerpt: ... trial commences. 08:57 am The court and counsel discuss legal issues. All parties stipulate that the Cross-Complaint is a derivative lawsuit on behalf of Lock & Lock USA Distributor, Inc. 09:15 am The court is adjourned in this matter. (1/2/18 Minute Order.) Subsequently on January 11, 2018, the court set an MSC for April 6, 2018, and continued phase two of the jury trial to May 7, 2018. The court did not continue the discovery and discovery hea...
2018.3.8 Petition to Compel Arbitration 125
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.8
Excerpt: ...es Corp. (1996) 14 Cal.4 th 394, 413. Defendant Alfredo Cervantes is covered by this agreement as he is being sued for conduct within the scope of his agency for defendant AG Seal Beach, LLC. See, Valley Casework, Inc. v. Comfort Construction, Inc. (1999) 76 Cal.App.4 th 1013, 1021. Alternatively, the doctrine of equitable estoppel is applicable as plaintiff Montoya's claims against defendant Alfredo Cervantes are intertwined with plaintiff's cla...
2018.3.8 Motion to Strike 492
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.8
Excerpt: ...mination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. … (e) As used in this section, "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial procee...

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