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2020.03.05 Motion for Leave to Intervene 947
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.03.05
Excerpt: ...on, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding.” Intervention is mandatory (as of right) or permissive. Here, Makena is moving for a permissive intervention. Permissive intervention applies where: (1) the intervenor has a direct interest in the litigation; (2) intervention will not enlarge the issues raised by the...
2020.03.05 Demurrer 930
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.03.05
Excerpt: ..., “[f]acts, not conclusions, must be pleaded.” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 410; WA Southwest 2, LLC v. First American Title Insurance Company (2015) 240 Cal.App.4th 148, 151 (“Because only factual allegations are considered on demurrer, we must disregard any ‘contentions, deductions or conclusions of fact or law alleged....'”).) Here, Plaintiff makes conclusory allegations that Plaintiff i...
2020.03.05 Demurrer 169
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.03.05
Excerpt: ... occur prior to filing the demurrer. Both parties ask the court to take judicial notice of documents relating to the parties' arbitration before the American Arbitration Association (“AAA”). The requests for judicial notice are important because under Code of Civil Procedure §430.30(a), on demurrer, the court may only consider matters appearing on the face of the pleading, or from any judicially noticeable information. It is notable that, wh...
2020.03.05 Motion for Attorney Fees 120
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.03.05
Excerpt: ...tract claims and only by a comparison of the extent to which each party ha[s] succeeded and failed to succeed in its contentions.” Hsu v. Abbara (1995) 9 Cal.4th 863, 876. Other noncontract claims joined in the action are disregarded: “[T]he party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract.” Civ. Code § 1717(b) & (c); Santisas v. Goodin (1998) 17 Cal.4th 599, 615; see also Civ...
2020.02.27 Petition for Writ of Mandate 099
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.02.27
Excerpt: ... the NIB to real party in interest Cummings Industries, Inc. dba North American Crane Company (“NACC”). Factual Timeline On 04/27/18, the NIB was issued by OCSD, and it required bids to be submitted by 05/29/18. (AR 128.) According to paragraph 3.1 of the NIB, OCSD reserved “the right to reject any or all Bids, waive any or all irregularities and accept or reject any portion of each individual Bid.” (AR 135.) While “[a]ny missing bid re...
2020.02.27 Motion for Summary Judgment, Adjudication 028
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.02.27
Excerpt: ...(CA. LAB. CODE § 510) FAILS AS A MATTER OF LAW (Undisputed Material Facts (“UMF”) 1 to 138) The elements of a cause of action for failure to pay overtime are: (1) plaintiff performed work for defendant; (2) plaintiff worked overtime hours; (2) plaintiff was not paid and/or paid less than the overtime rate for some or all of the overtime hours worked; (4) the amount of overtime pay owed. CAC contends that this cause of action has no merit bec...
2020.02.27 Demurrer 726
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.02.27
Excerpt: ...ge the following elements: (1) a knowingly false representation by the defendant; (2) an intent to deceive or induce reliance; (3) justifiable reliance by the plaintiff; and (4) resulting damages. Service by Medallion, Inc. v. Clorox Co. (1996) 44 Cal.App.4th 1807, 1816. Every element must be pled specifically. Ibid. Moving defendants contend that the cause of action fails to meet this standard, and they are correct. The first cause of action all...
2020.02.27 Demurrer 587
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.02.27
Excerpt: ...ndant's outrageous conduct. Miller v. Fortune Commercial Corp. (2017) 15 Cal.App.5th 214, 228-229. Conduct to be outrageous must be so extreme as to exceed all bounds of that usually tolerated in a civilized community. Id. at p. 229. To avoid a demurrer, the plaintiff must allege with great specificity the acts that he or she believes are so extreme as to exceed all bounds of that usually tolerated in a civilized community. Vasquez v. Franklin Ma...
2020.02.06 Motion for Summary Judgment, Adjudication 650
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.02.06
Excerpt: ...udication shall be granted only if it “completely deposes of …an affirmative defense.” Code Civ. Proc. § 437c(f)(1). Plaintiff therefore has the burden of disproving each of the challenged affirmative defenses. This is a different burden than plaintiff would bear if she was moving for summary judgment or adjudication on her own complaint or cause of action. Issue 1 – relating to the second affirmative defense. The second affirmative defe...
2020.02.06 Motion for SLAPP 063
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.02.06
Excerpt: ... (f). However, the moving, opposition, and reply briefs go over the page limitations provided under California Rule of Court 3.1113, subdivision (d). Additionally, the court observes that the font used by defendants in the moving and reply brief may run afoul of the font requirements of California Rules of Court 2.104 and 2.105. The parties are urged to review the California Rules of Court and observe all formatting conventions. Because defendant...
2020.02.06 Motion for Attorney Fees 844
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.02.06
Excerpt: ...on the lodestar, which is the amount of time reasonably spent and the reasonable hourly compensation of each attorney. Meister v. Regents of the University of California (1998) 67 Cal.App.4 th 437, 449; Chodos v. Borman (2014) 227 Cal.App.4 th 76, 91-92 There is no challenge to the propriety of the hourly rates – which are $300/hr for pre- dismissal work and $330-360/hr for work on the appeal for Attorney Couch and $330 for work done by Appeal ...
2020.02.06 Demurrer, Motion to Strike 708
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.02.06
Excerpt: ...art, and SUSTAINED without leave to amend, in part. The demur to the First through Sixth, Ninth and Tenth causes o f a c ti o n i s OV E R R U LED . Th e de mu r t o the S ev en t h an d Ei g h th c a u ses o f a c ti o n is S U S T A IN ED without leave to amend. Defendants' request that the Court take Judicial Notice of the documents attached as Exhibit 1 to the Declaration of David Refice is GRANTED. (Evid. Code §§ 452(c) and 452(h).) To the...
2020.01.30 Demurrer 531
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.30
Excerpt: ...mplainant must allege: (1) a misrepresentation, (2) knowledge of its falsity, (3) intent to defraud, 4) justifiable reliance, and (5) damages. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; Tarmann v. State Farm Mutual Automobile Ins. Co. (1991) 2 Cal. App. 4th 153, 157 (finding, for allegations against corporation, Plaintiff must allege authority to speak for corporation).) The heightened pleading standard requires “‘pleading facts [th...
2020.01.30 Application to Appear as Counsel Pro Hac Vice 156
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.30
Excerpt: ...as established that he has complied with the fee requirement under Rule 9.40(e). (Polin Dec., ¶ 13 and Exh. A.) Thus, the unopposed application to appear pro hac vice is GRANTED. Moving parties to give notice. 2. Motion for Protective Order by Defendants Casa Capri, LLC, Casa Capri Recovery Center, LLC, Zackary Irani, Melissa Holmes Goodmon and Jeremy Broderick: Defendants Casa Capri, LLC; Casa Capri Recovery Center, LLC; Zackary Irani; Melissa ...
2020.01.30 Motion to Compel Discovery 455
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.30
Excerpt: ...the cutoff date provided under Code of Civil Procedure §2024.020, (2) compelling plaintiffs to comply with their statements of compliance in response to requests for production of documents (“RPD's”), (3) compelling plaintiffs to permit an inspection of Hilz's computer by Continental's forensics expert or appointing a digital forensics expert to conduct that inspection, and (4) compelling further responses to Continental's RPD's, Set Two. Th...
2020.01.30 Demurrer, Motion to Strike Punitive Damages 673
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.30
Excerpt: ... Claim for Punitive Damages in Plaintiffs' Third Amended Complaint: 5. Demurrer of Defendant CEP America - California, Khanh P. Tran, M.D. and Khanh P. Tran, M.D., Inc. to Plaintiff's Third Amended Complaint: 6. Motion by Defendant CEP America - California, Khanh P. Tran, M.D. and Khanh P. Tran, M.D., Inc. to Strike Portions of Plaintiff's Third Amended Complaint: Before the court are three demurrers and three motions to strike, all attacking pla...
2020.01.30 Motion for Summary Judgment 040
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.30
Excerpt: ...bution and Indemnity; Third Cause of Action for Declaratory Relief against ERC; and Fourth Cause of Action for Express Indemnity alleged against ERC is also DENIED. ERC's evidentiary objections to evidence submitted by Avico are OVERRULED. Avico's objections to evidence submitted by ERC are also OVERRULED. Express Indemnity Cause of Action: ERC has submitted evidence to show that plaintiff California Military Defendant, owner of Building 7 on the...
2020.01.30 Motion to Compel Arbitration 411
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.30
Excerpt: ...lity must bepresent before a court can refuse to enforce an arbitration provision based on unconscionability. Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4 th 83, 114. Procedural unconscionability focuses on oppression or surprise due to unequal bargaining power; substantive unconscionability focuses on overly harsh or one-sided results. Sonic- Calabasis A., Inc. v. Moreno I (2013) 57 Cal.4 th 1109, 1133 The burden of p...
2020.01.23 Motion to Compel Further Responses, Request for Sanctions 713
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.23
Excerpt: ...) who heard any statements made about the INCIDENT by any individual at the scene; and (d) who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034). Defendant's answer to form interrogatory 12.1 is: (a-d) Objection. Vague, ambiguous, and uncertain. Invasion of privacy. Violation of attorney client privilege and attorney work product doctrine. Burdenso...
2020.01.23 Motion for Terminating Sanctions or for Issue and Evidentiary Sanctions, Request for Monetary Sanctions 516
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.23
Excerpt: ....D. for Terminating Sanctions for Failure to Obey Discovery Orders: Defendant Lam Dang, MD (“Dang”) moves the court for an order for terminating sanctions by striking plaintiff David Struble's (“Plaintiff”) complaint, or, alternatively, for issue and evidentiary sanctions for willful failure to provide timely verified responses to written discovery pursuant to the court's November 21, 2019 order. Dang also seeks $1,560 in monetary sanctio...
2020.01.23 Motion for Summary Judgment, Adjudication 033
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.23
Excerpt: ... the insurer directed or authorized the agent to perform the tortious acts, or it ratifies acts it did not originally authorize.” (R & B Auto Center, Inc. v. Farmers Grp., Inc. (2006) 140 Cal.App.4th 327, 344; Shultz Steel Co. v. Hartford Accident & Indemnity Co. (1986) 187 Cal.App.3d 513, 518-523.) Further, in California, only licensed life insurance agents are authorized to transact life insurance business. (Cal Ins. Code §§ 32(a); 1622(a)....
2020.01.23 Motion for Judgment on Undertaking Against Judgment Debtors, to Compel Responses 636
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.23
Excerpt: ...d their sureties, Michael B. Martin, Scott Hook, and Eric Mooney, is GRANTED. The motion is brought under Code of Civil Procedure §996.440, which states as follows: (a) If a bond is given in an action or proceeding, the liability on the bond may be enforced on motion made in the court without the necessity of an independent action. (b) The motion shall not be made until after entry of the final judgment in the action or proceeding in which the b...
2020.01.16 Demurrer 041
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.16
Excerpt: ...e only if the matter is reasonably beyond dispute. Post v. Prati (1979) 90 Cal.App.3d 626, 633, 153. Furthermore, matters subject to judicial notice have the same requirement of relevancy as any evidence sought to be introduced at trial. People v. Rowland (1992) 4 Cal.4 th 238, 268, n6; Evid. C. 350. The party making the request for judicial notice must also supply the court will sufficient information and source material to enable the court to d...
2020.01.16 Motion for Summary Adjudication 741
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.16
Excerpt: ...r money had and received and the second issue relates to the claim for punitive damages in the sixth cause of action for fraud. The motion is moot with respect to the first issue, because plaintiff dismissed the fifth cause of action for money had and received on January 2, 2020. With regard to the second issue, defendants contend that the claim for punitive damages fails because the gravamen of plaintiff's claim is really for breach of contract ...
2020.01.16 Motion to Compel Discovery 455
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.16
Excerpt: ...erd Industries v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4 th 1568, 1588 A motion for leave to complete discovery closer to trial must be accompanied by a meet/confer declaration. [CCP §2024.050(a)] One of the factors to be considered by the court in making its discretionary ruling is “[t]he diligence or lack of diligence of the party seeking discovery or the hearing of the motion, and the reasons that discovery was not completed or...
2020.01.16 Motion to Expunge Lis Pendens 620
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.16
Excerpt: ... court case, Horner v. Bank of New York Mellon, Case No. 8:16-cv-00557-CJC-DFM (USDC C.D. Cal.), and the other recorded in connection with this case. At any time after recording of a lis pendens, any party affected by it may apply “to the court in which the action is pending to expunge the notice.” Code Civ. Proc. §405.30. The person filing the lis pendens has the burden of proof to show that the lis pendens should not be expunged. Code Civ....
2020.01.16 Motion to Strike 143
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.16
Excerpt: ...use of action is for legal malpractice. “If the allegedly negligent conduct does not cause damage, it generates no cause of action in tort. The mere breach of a professional duty, causing only nominal damages, speculative harm, or the threat of future harm—not yet realized—does not suffice to create a cause of action for negligence.” Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison, 18 Cal.4th 739, 749–750 (1998). Here, the all...
2020.01.16 Motion to Strike, Request for Attorneys' Fees 033
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.16
Excerpt: ..., the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have described this second step as a ‘summary-judgment-like procedure.' [Citation.]” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384, fn. omitted.) Protected activity: ...
2020.01.16 Motion to Strike Punitive Damages 355
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.16
Excerpt: ...� 1102.5, violation of Labor Code § 6301, failure to authorize and provide meal and rest breaks, and wrongful termination in violation of public policy, respectively. Civil Code § 3294 provides that punitive damages may be awarded in an action for breach of an obligation not arising from contract, if the plaintiff proves by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice. “Malice” means condu...
2020.01.09 Motion to Compel Depositions 650
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.09
Excerpt: ... M.S. On 9-25-19, plaintiff served a notice for Brualt's deposition on 10-7-19. The notice was sent with a letter asking for alternative dates if 10-7-19 was not available for either Brualt or counsel. On 10-2-19, defendant served an objection to the deposition notice. On 10-8-19, plaintiff's counsel emailed defense counsel and asked that the parties discuss an expert deposition schedule. Defense counsel responded by stating that counsel expected...
2020.01.09 Motion to Compel Arbitration 402
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.09
Excerpt: ... manner. Each party shall select and appoint one arbitrator. The two arbitrators so appointed shall select and appoint a third arbitrator. The decision in writing of any two of the arbitrators so appointed shall be binding and conclusive as to both parties to this Agreement. Should either party to this Agreement fail to appoint an arbitrator as required by this paragraph within fifteen (15) days after receiving written notice from the other party...
2020.01.09 Motion to Compel Answers, for Sanctions 609
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.09
Excerpt: ...n of the United States and constitution of California, and any other financial privacy laws. Responding Party further objects to this interrogatory on the grounds that it is vague, ambiguous, burdensome, oppressive, not complete in and of itself, calls for the preparation of a compilation, and not reasonably calculated to lead to the discovery of admissible evidence. Kuhar's burden on this Motion is to justify any objection or failure to fully an...
2020.01.09 Motion for Summary Judgment, Adjudication 216
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.09
Excerpt: ...ndant to make one payment of $1500 in November 2017, fifteen monthly payments of $3000 starting on 12/01/18, and one final payment of $1492.61 on or before 03/01/19. If defendant made late payments, plaintiff was authorized to collect a $100 late fee per payment. Defendant initially performed and then breached beginning in February 2018, thus damaging plaintiff in the amount of $39,255.70 plus interest from 01/05/18, late fees, and attorney's fee...
2020.01.09 Motion for Reconsideration 545
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.01.09
Excerpt: ...Supplemental Jurisdiction statute, 28 USC § 1367. Under subdivision (a) of Code Civ. Proc. § 1008, any party affected by an order made upon application by the Court “may, within 10 days after service upon the party of written notice of entry of the order and based upon 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 ...
2019.9.5 Demurrer 033
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.9.5
Excerpt: ...nt to defraud, i.e., to induce reliance, (4) justifiable reliance, and (5) resulting damage. Robinson Helicopter, Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 990. In Roberts v. Ball, Hunt, Hart, Brown & Baerwitz (1976) 57 Cal.App.3d 104, the court stated: “Every element of the cause of action for fraud must be alleged with sufficient specificity to allow the defendant to understand fully the nature of the charge made. (Citation omitted.)” Id. a...
2019.9.5 Motion to Permit Amendment of Responses 744
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.9.5
Excerpt: ...m they inadvertently admitted 5 RFAs that would be used to assert a statute of limitations defense. A party will be permitted to withdraw or amend an admission only if the court finds:  The admission resulted from “mistake, inadvertence or excusable neglect;” and  No substantial prejudice from the requesting party will result from allowing the admission to be withdrawn or amended CCP §2033.300; New Albertsons, Inc. v. Superior Court (2...
2019.9.5 Motion for Judgment Notwithstanding Verdict 424
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.9.5
Excerpt: ...Trial by Plaintiff David Scallon: Plaintiff's motion for new trial is also DENIED. To begin with, in order to warrant a new trial, any error or irregularity must be prejudicial. “If it clearly appears that the error could not have affected the result of the trial, the court is bound to deny the motion.” Bristow v. Ferguson, 121 Cal.App.3d 823, 826 (1981). Plaintiff fails to show how any single error or irregularity he identifies in his motion...
2019.8.29 Demurrer 552
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.29
Excerpt: ...rranty of Habitability and Fifth Cause of Action for Constructive Eviction is OVERRULED. The demurrer to the Fourth Cause of Action for Nuisance is SUSTAINED with 20 days leave to amend. Breach of Implied Warranty of Habitability: The elements of the cause of action for breach of the implied warranty of habitability are: (i) a material defective condition affecting habitability of the premises; (ii) notice to the landlord within a reasonable time...
2019.8.29 Motion for New Trial 907
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.29
Excerpt: ...ainer judgment was never ruled upon by the Court of Appeal, or any other court. In general, void judgments, as opposed to merely erroneous ones, are subject to collateral attack at any time, and do not have res judicata effect. Moffat v. Moffat, 27 Cal.3d 645, 654 (1980). However, if the validity of the judgment claimed to be void has been litigated and determined, that determination is res judicata as to any subsequent proceeding attacking it. G...
2019.8.29 Motion for Discovery Sanctions 463
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.29
Excerpt: ... for the submission of falsified evidence by their attorney, Omar J. Yassin; (2) Disqualify Yassin as Defendants' counsel; and (3) Compel on-site inspection is DENIED. Defendants Pacific Los Alisos, LLC; Elaine Voechting; and Ben Lopez's Evidentiary Objection to “Statement of Manjula Sridhar” is SUSTAINED. Discovery sanctions against Defendants: Plaintiffs seek to impose discovery sanctions against Defendants for: (1) producing an allegedly f...
2019.8.29 Special Motion to Strike 384
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.29
Excerpt: ...otion to strike if the defendant shows that the cause of action arises from an act in furtherance of the defendant's constitutional right of petition or free speech in connection with a public issue and the plaintiff fails to demonstrate a probability of prevailing on the claim. Fremont Reorganizing Corp. v. Faigin (2011) 198 Cal.App.4th 1153, 1165. An act in furtherance of a person's right of petition or free speech under the United States or Ca...
2019.8.29 Petition to Vacate Arbitration Award 344
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.29
Excerpt: ...dicial review of an arbitration award is extremely limited. Singerlewak LLP v. Gantman (2015) 241 Cal.App.4th 610, 615. An arbitrator's decision is not reviewable for errors of fact or law, regardless of whether such error appears on the face of the award and causes substantial injustice to the parties. Id. at pp. 615-616. Parties who enter into arbitration agreements are presumed to know the arbitrator's decision will be final and binding. Id. a...
2019.8.29 Motion to Quash Subpoenas 456
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.29
Excerpt: ...roduction of three categories of documents:  all documents and records pertaining to plaintiff's application for employment, employment, and separation from employment, including employment applications, resumes, letters of reference, interview notes, background checks, offers of employment, employment agreements, personnel file, performance evaluations, documents pertaining to performance, documents pertaining to discipline, incident reports,...
2019.8.8 Motion for Judgment on the Pleadings 020
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.8
Excerpt: ...of deed of trust recorded on 4-13-16. (Exhibit 3.) 4. Substitution of trustee recorded on 6-12-17. (Exhibit 4.) 5. Notice of default recorded on 6-12-17. (Exhibit 5.) 6. Notice of trustee's sale recorded on 2-20-18. (Exhibit 6.) 7. Trustee's deed upon sale recorded on 4-16-18. (Exhibit 7.) 8. The court's minute order of 2-21-19. (Exhibit 8.) GRANTED as to all. First and second causes of action for breach of contract and breach of the implied cove...
2019.8.8 Demurrer 713
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.8
Excerpt: ..., or the “failure of those responsible for attending to the basic needs and comforts of elderly or dependent adults, regardless of their professional standing to carry out their custodial obligations.” (Covenant Care Inc. v. Superior Court (2004) 32 Cal.4 th 771, 783.) Defendant GHC argues that the claim for elder abuse and neglect fails as a matter of law because all of the supporting allegations go to providing negligent medical care, not t...
2019.8.8 Motion to File Records Under Seal 456
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.8
Excerpt: ... Memo in Support at p. 1-2.) Plaintiff's request appears to be procedurally improper under CRC 2.551 (b)(3). However, on December 7, 2018 this court signed a Stipulated Protective Order regarding documents that either side could designate as “confidential”. In light of this prior stipulation and Servite's non- Opposition, the court will attempt to address the procedural defects without prejudicing the parties and without prejudicing the confi...
2019.8.1 Special Motion to Strike 031
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.1
Excerpt: ... of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue. Bergstein v. Stroock & Stroock & Lavan LLP (2015) 236 Cal.App.4th 793, 803. The anti-SLAPP law involves a two-step process for determining whether a claim is subject to being stricken. Hylton v. Frank E. Rogozienski, Inc. (2009) 177 Cal.App.4th 1264, 1271. In the fir...
2019.8.1 Motion to Vacate Entry of Default or Quash Service of Summons 609
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.1
Excerpt: ... and default judgment under CCP § 473(b) which provides that “[t]he court may, upon any terms as may be just, relieve a party or his or her 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.” CCP § 473(b) requires that the motion be filed within a reasonable time not exceeding six months after the judgment, dismissal or...
2019.8.1 Motion to Strike 661
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.1
Excerpt: ...erning defendants' alleged failure to properly assess and accommodate his special needs is to show that defendants had adequate notice that a dangerous environment could be created at school. As the United States Supreme Court stated in Fry v. Napoleon Community Schools, 137 S.Ct. 743 (2017), Section 1415(l)'s exhaustion requirement “hinges on whether a lawsuit seeks relief for the denial of a free appropriate public education” or “FAPE,”...
2019.8.1 Motion to Confirm or Declare Vexatious Litigant, to Impose Pre-Filing Order, to Require Security Bond 796
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.8.1
Excerpt: ... – (3) provide as follows: “(b) ‘Vexatious litigant' means a person who does any of the following:” “(1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial...

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