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2022.04.28 Demurrer 751
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.04.28
Excerpt: ...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.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) “As a general rule in testing a pleading against a demurrer t...
2022.04.21 Motion for Determination of Good Faith Settlement 332
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.04.21
Excerpt: ...tive negligence or comparative fault.” (CCP § 877.6(c).) STANDARD OF LAW “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff . . . and one or more alleged tortfeasors or co- obligors, upon giving notice[.]” (CCP § 877.6(a).) “A determination by the court t...
2022.04.21 Demurrer 496
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.04.21
Excerpt: ...ustice. It appears AAA's counsel mistook an extension to file an Answer as an extension to file a Demurrer. (Plf.'s Evid., Ex. 8.) 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 Co...
2022.04.21 Motion for Summary Judgment, Adjudication 267 (2)
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.04.21
Excerpt: ...hat party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the allegations or denials of its pleadings to show tha...
2022.04.21 Motion for Summary Judgment, Adjudication 176
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.04.21
Excerpt: ...LED. “[T]he party moving 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. 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. (See Evid.Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fa...
2022.04.21 Motion for Summary Judgment, Adjudication 267
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.04.21
Excerpt: ...told me that she and Plaintiff were running around and playing underneath the bleachers when Plaintiff struck her head into a metal support beam.” And OVERRULES the remaining portion. The Court OVERRULES the objection to ¶5 the Declaration of Juan Carlos Quezada. The Court OVERRULES Defendant's Objections Nos. 1, 2, and SUSTAINS Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12. Code of Civil Procedure section 437c, subdivision (f)(1), provides, in par...
2022.03.24 Motion to Set Aside or Vacate Default 863
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.03.24
Excerpt: ...arriage of Stevenot (1984) 154 Cal.App.3d 1051, 1071; see Aheroni v. Maxwell (1988) 205 Cal.App.3d 284, 291.) The policy disfavoring equitable relief based on an understandable distaste for the forfeiture of a judgment, the policy's basis is weaker when there has been no judgment entered. (Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 982.) This motion was properly brought under Code Civ. Proc. § 473.5 because Defendant claims that service of the...
2022.03.24 Motion for Protective Order 888
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.03.24
Excerpt: ...et and confer declaration under Code of Civil Procedure section 2016.040.19 (Code Civ. Proc., § 2031.060, subd. (a).) “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420, subd. (b); cf. Code Civ. Proc., § 2031.060, subd. (b).) ¶ C...
2022.03.24 Motion for Attorney Fees, to Tax Costs 512
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.03.24
Excerpt: ..., where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. . . Reasonable attorney's fees shall b...
2022.03.24 Demurrer 998
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.03.24
Excerpt: ...plaint 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.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 9...
2022.03.17 Demurrer, Motion to Strike 903
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.03.17
Excerpt: ... Action for negligent infliction of emotional distress as to Catherine Tiano for failure to plead any duty owed to Plaintiff by Catherine Tiano and the breach of that duty. Tiano Defendants' Demurrer is OVERRULED as to the Second Cause of Action for intentional infliction of emotional distress as to Jack Tiano, and the Fourth Cause of Action for elder abuse. As the Court already granted Plaintiff leave to amend the FAC pursuant to its March 3, 20...
2022.03.17 Demurrer 837
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.03.17
Excerpt: ...h reasonable precision and with sufficient particularity to acquaint the defendant with the nature, source and extent of his cause of action.” (Rannard v. Lockheed Aircraft Corp. (1945) 26 Cal.2d 149, 156-157 (Rannard).) “[D]emurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond.” (Mahan v. Charles W. Chan Ins. Agency, Inc. (2017) 14 Cal.App.5th 841, 84...
2022.03.17 Demurrer 140
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.03.17
Excerpt: ...r Plaintiff is entitled to a return of the Deposit from Defendant IES. iv. Whether there are any continuing duties between the Parties, and if so, what such duties consist of. v. Whether the Contract between Defendant IES and Plaintiff is terminated by the judgment so that Defendant IES's only remaining duty to Plaintiff is to return Plaintiff's deposit to him in Miami Dade County, Florida.(FAC, ¶ 26.) Code of Civil Procedure section 1060 provid...
2022.03.03 Demurrer, Motion to Strike 291
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.03.03
Excerpt: ...other grounds for demurrer as stated in the below ruling. Cross Comp[lainant is granted 21 days leave to file and serve an amended cross complaint. 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...
2022.03.03 Demurrer, Motion to Strike 903
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.03.03
Excerpt: ...nd serve an amended complaint within fourteen (14) days of notice of this ruling. 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 ...
2022.03.03 Motion to Quash, to Compel Further Responses 729
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.03.03
Excerpt: .... Defendants request $2,043.75 in sanctions for needing to oppose the Motion. Prior to Plaintiff filing the motion, Defendants informed Plaintiff numerous times that federal law precluded the production of the documents requested by the third party. Based on the foregoing, the Court declines to award sanctions. Accordingly, Plaintiff Denise Thomas' Motion to Quash is DENIED as MOOT. Moving party to give notice. 2. Motion to Compel Further Respons...
2022.03.03 Motion for Summary Judgment, Adjudication 676
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.03.03
Excerpt: ...intiff's objections 1-2 and 5-17 to the Declaration of Eric Y. Waki, M.D. are overruled and objections 3-4 and 18 to the Waki declaration are sustained. Plaintiff's objections to exhibits attached to the Waki declaration are overruled. Plaintiff's objections to the declaration of George S. Burns are overruled. Defendant's objections to paragraph 11 and 15 of the Declaration of Jason Kim, M.D. are sustained and the remaining objections to the Kim ...
2022.02.24 Motion to Compel Arbitration 492
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.24
Excerpt: ...ation of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revocation of the agreement; (c) a party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact; or (d) for certa...
2022.02.24 Motion to Compel Arbitration 442
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.24
Excerpt: ... the action or proceeding until an arbitration is had in accordance with the order to arbitrate[.]”) 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 con...
2022.02.24 Motion for Summary Judgment, Adjudication 091
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.24
Excerpt: ...party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid.Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant moving for summary judgmen...
2022.02.24 Motion for Reconsideration 643
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.24
Excerpt: ...n new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. 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.” New York Times Co. v. Superior ...
2022.02.24 Motion for Attorney Fees, to Strike or Tax Costs 806
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.24
Excerpt: ...4.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.” Code Civ. Proc. § 577 states: “A judgment is the final determination of the rights of the parties...
2022.02.24 Demurrer, Motions to Strike 871
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.24
Excerpt: ...n be inferred from those expressly pleaded and matters of which judicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) “As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be,” unless the “complaint contains alleg...
2022.02.24 Demurrer 890
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.24
Excerpt: ...notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) “As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be,” unless the “complaint contains allegations of fact inconsistent with attached documents, or allegations contr...
2022.02.17 Motion for Determination of Good Faith Settlement, to Seal 146
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.17
Excerpt: ...tion in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. … [¶] … [¶]  (b) The issue of the good faith of a settlement may be determine...
2022.02.17 Demurrer 871
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.17
Excerpt: ...udicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) “As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be,” unless the “complaint contains allegations of fact inconsistent with attached documents, or allegatio...
2022.02.17 Motion to Compel Arbitration 555
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.17
Excerpt: ...roversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: ¶ (a) The right to compel arbitration has been waived by the petitioner; or ¶ (b) Grounds exist for the revocation of the agreement. ¶ (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there ...
2022.02.17 Motion for Summary Judgment, Adjudication 365
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.17
Excerpt: ...support of or in opposition to the motion. Objections to specific evidence must be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion, but the objections must not be restated or reargued in the separate statement. Each written objection must be numbered consecutively and must: [¶] (1) Identify the name of the document in which the specific material objected to is located; [¶] (2) St...
2022.02.17 Motion to Strike, for Leave to Serve Late Witness Designation 686
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.17
Excerpt: ...e taken within that time limit.” (CCP § 2034.710(b).) “Under exceptional circumstances, the court may permit the motion to be made at a later time.” (Id.) “The motion shall be accompanied by a meet and confer declaration[.]” (CCP § 2034.710(c).) “The court shall grant leave to submit tardy expert witness information only if [three] conditions are satisfied[.]” (CCP § 2034.720.) First, “[t]he court has taken into account the ext...
2022.02.03 Motion to Compel Responses 251
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.03
Excerpt: ... due on or before April 7, 2020, but Defendants requested and Plaintiff granted an extension of time to respond until April 30, 2020. (Pittaluga Dec. ¶ 6.) Defendants did not respond to any of said written discovery by the time the discovery motions were filed on May 27, 2020. (Id.) “If a party to whom interrogatories are directed fails to serve a timely response . . . [the party] waives any right to exercise the option to produce writings . ....
2022.02.03 Motion to Compel Deposition 432
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.03
Excerpt: ...ach, for Plaintiff to ask the questions at issue in this Motion, and any follow-up questions as necessary within the scope of the Court's November 21, 2019 Order as discussed in this ruling. IT IS FURTHER ORDERED THAT Defendants' counsel shall only instruct the witnesses not to answer on the basis of an applicable privilege and not based on any other objection. Plaintiff's Motion for Order Appointing Discovery Referee is DENIED. Plaintiff's Reque...
2022.02.03 Motion for Summary Judgment, Adjudication 174
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.03
Excerpt: ...r her job, and (3) was subjected to adverse employment action because of the disability. [Citation.] Once the employee establishes his or her prima facie case, ‘the burden then shifts to the employer to offer a legitimate, nondiscriminatory reason for the adverse employment action.' [Citation.] The employee may still defeat the employer's showing with evidence that the stated reason is pretextual, the employer acted with discriminatory animus, ...
2022.02.03 Motion for Summary Judgment 430
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.03
Excerpt: ...at there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part, “A party may move for summary adjudication as to one or more causes of action within an action, one or more af...
2022.02.03 Motion for Preliminary Injunction 224
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.02.03
Excerpt: ...ry injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary injunction shall be granted without notice to the opposing party.” Code of Civil Procedure section 526(a) provides, “(a) An injunction may be granted in the following cases: (1) When it appears by the c...
2022.01.27 Motion for Sanctions 480
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.27
Excerpt: ...he party.” (CCP § 128.7(a).) “An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.” (Id.) By their signature, “an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is n...
2022.01.27 Demurrer 693
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.27
Excerpt: ...dants demur to the first cause of action on the grounds that it is barred by the 5-year statute of limitations. A claim to recover real property is governed by the Code of Civil Procedure Sections 318 and 321. Section 318 states: “No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the...
2022.01.27 Motion to Compel Answers 881
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.27
Excerpt: ...uling. STANDARD OF LAW Special interrogatory responses shall contain: (1) an answer containing the information sought to be discovered; (2) an exercise of the party's option to produce writings; and/or (3) an objection to the particular interrogatory. (CCP § 2030.210(a).) “Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” (CCP § 203...
2022.01.27 Petition for Writ of Mandate 854
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.27
Excerpt: ...dence supported the administrative decision.” (Hildebrand v. Department of Motor Vehicles (2007) 152 Cal.App.4th 1562, 1567-1568 (Hildebrand).) “If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is not supported by the evidence in the record, the court may order the department to resc...
2022.01.27 Special Motion to Strike 232
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.27
Excerpt: ...a disposition of cases on the merits. (Juarez v. Wash Depot Holdings, Inc. (2018) 24 Cal.App.5th 1197, 1202.) The Court GRANTS Defendants' Request for Judicial Notice in its entirety. The Court OVERRULES Defendants' objections to Nos. 1, 2, 3, 4, 5, 6, 7. Code of Civil Procedure section 425.16, subdivision (b), states, in part, “(1) A cause of action against a person arising from any act of that person in furtherance of the person's right of ...
2022.01.20 Motion to Quash Service of Summons 504
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.20
Excerpt: ...g objections. Code of Civil Procedure section 410.10, states, “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” Code of Civil Procedure section 418.10, subdivision (a)(1), provides, “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of moti...
2022.01.20 Motion to Compel Further Responses 815
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.20
Excerpt: ...rder compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. [¶] (b)(1) A motion under subdivision (a) ...
2022.01.20 Motion for Determination of Good Faith Settlement 274
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.20
Excerpt: ...oodward-Clyde & Assocs. (1984) 38 Cal.3d 488, 499.) In making such a determination, the court considers the following factors: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs; (4) the recognition that a settlor should pay less in settlement than he would if he were found liable after a trial; (5) the fin...
2022.01.13 Petition for Writ of Mandate 428
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.13
Excerpt: ...City's negotiations to purchase real property near Petitioner's property which is owned by a third party, the Kinstler Family Trust, and was formerly the site of a Stein Mart (“Kinstler Property”). Petitioner's request for judicial notice of City Council meeting minutes, agendas, and official video recordings is granted under Evidence Code section 452. Petitioner's objections to Respondent's evidence are overruled. First COA for Violation of ...
2022.01.13 Motion to Quash Service of Summons, for Sanctions 795
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.13
Excerpt: ... served responses on 12-14-21. Defendants further contend that the Metadata of the PDF only indicates the date the PDF was created, meaning the electronic file. Defendants indicate the documents were scanned on 12-23-21. Defendants also provided an email showing that responses were sent from Defendants' counsel to Defendants on 12- 14-21. Based on the foregoing, Defendants have provided sufficient evidence that their responses were timely served....
2022.01.13 Motion to Compel Arbitration 704
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.13
Excerpt: ...bitration Provision)” on May 21, 2016 (“RISC”) with Courtesy Chrysler Dodge Jeep Ram in San Juan Capistrano (“Courtesy”) for the purchase of a 2019 Jeep Cherokee VIN: 11C4PJLDN6KD325993 (“Subject Vehicle”). (Burkard Decl. ¶2, Ex. A.) Neither defendant FCA not defendant Coastline is a signatory to the RISC. FCA manufactured and distributed the Subject Vehicle and Coastline repaired the Subject Vehicle. (Motion, 6:21-23.) Federal Arb...
2022.01.13 Motion to Compel Answers 991
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.13
Excerpt: ...mplete, an exercise of the option to produce documents under Code of Civil Procedure section 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. (Code Civ. Proc. § 2030.300(a).) Answers to interrogatories are to be “as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Pro...
2022.01.13 Motion for Summary Judgment, Adjudication 845
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.13
Excerpt: ...n (p)(2) provides, “A defendant . . . has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts e...
2022.01.13 Motion for Judgment on the Pleadings 559
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.13
Excerpt: ...tion of the subject of the cause of action alleged in the complaint. ¶(ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Generally, the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999, 79 CR2d 544, 546 (citing text); Southern Calif. Edison Co. v. City of Victorville (2013) 217 CA4th 218, 227; Templo v. State of Calif. (2018) 24 Cal.App.5th...
2022.01.06 Motion to Compel Further Responses 109
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.06
Excerpt: ...12.4, 12.5, 12.6, 12.7, 14.1, and 14.2, is GRANTED. Code Civ. Proc. § 2030.210 states: “(a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following: ¶ (1) An answer containing the information sought to be discovered. ¶ (2) An exercise of the party's option to produce writings. ¶ (3) An objection to the particular interrogatory.” Each answer in the ...
2022.01.06 Motion for Summary Judgment, to Seal 274
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.06
Excerpt: ...ides: “Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.” (Emphasis supplied.) The Court considered denying the Motion based on this noncompliance. Code of Civil Procedure sec...

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