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2022.05.31 Petition to Confirm Arbitration Award 394
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.31
Excerpt: ... under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding. (Code Civ. Proc., § 1286.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made . . . unless in accordance wit...
2022.05.31 Motions to Dismiss 719
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.31
Excerpt: ...rejudice, entering judgment in Cross-Complainants' favor, lifting the stay of the related cases and setting all hearings in those cases for the first available date. The motion is granted in part and denied in part as set forth below. Judgment Here, entry of judgment in favor of the Cross-Complainants as to the Cross-Complaints are proper because they obtained judgment in their favor as to the quiet title causes of action and dismissed all other ...
2022.05.31 Motion to Strike Complaint 579
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.31
Excerpt: ...care provider, no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed.” This includes “a cause of action against a health care provider for battery predicated on treatment exceeding or different from that to which a plaintiff consented is governed by section 425.13 because the injury arose out of the m...
2022.05.31 Motion to Compel Production 706
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.31
Excerpt: ...3).) The motion must “set forth specific facts showing good cause justifying the discovery sought by the demand” and be accompanied by a meet and confer declaration showing a good faith effort at an informal resolution was made. (Id., § 2031.310(b).) Plaintiff's meet and confer declaration demonstrates that the parties sufficiently met and conferred prior to the filing of this Motion and no informal resolution could be reached. Patriot objec...
2022.05.31 Motion to Appoint Discovery Referee 878
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.31
Excerpt: ...rify that the Opposition was properly served on Plaintiff, the Court will not consider the Opposition in ruling on the Motion. Code of Civil Procedure section 638 states that “[a] referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any controversy arising therefrom shall be heard by a referee if the c...
2022.05.31 Motion for Order that Disputed Docs are not Subject to Attorney-Client Privilege, to Remove Improper Confidentiality Designations 445
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.31
Excerpt: ... privileged documents involving three email chains produced by Defendants, Ronald Soderling, Soderling Living Trust, Tod W. Ridgeway, and Ridgeway Development Company, Ltd. (the “Soderling Defendants”) in discovery; and (2) contesting the “confidential” designation on 636 pages of documents produced by the Soderling Defendants. Per the Notice of Lodgment filed by Plaintiffs, Plaintiffs lodged the three emails inadvertently produced and ba...
2022.05.31 Demurrer, Motion to Strike 157
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.31
Excerpt: ...uired per Code of Civil Procedure sections 430.41(a) and 435.5(a). (1) Defendant argues the first COA (Negligence) fails because Plaintiff alleges no facts to indicate a breach of any duty or that Defendant was the cause of his injuries. Defendant contends Plaintiff's allegations in support of this cause of action are conclusory, vague, ambiguous, and fail to state facts sufficient to constitute a negligence cause of action. The elements of a neg...
2022.05.24 Motion for Summary Judgment, Adjudication 110
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.24
Excerpt: ...rt considers the amended versions of these documents, in conjunction with originally filed moving papers to which no amended version was filed. Chavez moves for an order granting summary judgment on Plaintiff Marina Espinoza's entire complaint, including Plaintiffs' Third Cause of Action for Professional Negligence and Plaintiffs' Fourth Cause of Action for Breach of Fiduciary Duty. “The elements of a cause of action in tort for professional ne...
2022.05.24 Motion for SLAPP, Demurrer 070
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.24
Excerpt: ...osta County Employees' Retirement Assn. (2004) 125 Cal.App.4th 343, 353, “We have no doubt that a public official or government body, just like any private litigant, may make an anti-SLAPP motion where appropriate.”) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party moving to strike a cause of action has met its initial burden to show that the cause of action arises from an act i...
2022.05.24 Motion for Protective Order 702
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.24
Excerpt: ...ordered the parties to meet and confer concerning the issues raised and provide a joint statement. (ROA 788.) The Joint Statement, filed on February 4, 2022, requested that the hearing be further continued, and the Court continued the hearing to April 26, 2022. (ROAs 790 & 795.) The parties' second Joint Statement, filed on April 20, 2022, indicated they were still attempting to resolve the issues raised and requested further continuance. (ROA 79...
2022.05.17 Motion to Compel Arbitration 480
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.17
Excerpt: ... no grounds exist to bar enforcement of the Agreement. (Code Civ. Proc., §1281.2.) The hearing on this matter has been continued on at least two prior occasions to permit supplemental briefing. At the last hearing on 4-7-22, Plaintiff's counsel raised additional arguments at oral argument not raised in her papers. Plaintiff argued the agreement lacked mutuality and any meeting of the minds, and Plaintiff could not be compelled to arbitrate her c...
2022.05.17 Motion for Protective Order 208
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.17
Excerpt: ...”) Special Interrogatories, Set No. One, on the grounds the total number of interrogatories propounded is unwarranted and burdensome. KHAN contends KHANUM propounded 183 special interrogatories; that this number of interrogatories is not warranted based on the issues in this case; that the special interrogatories which ask Plaintiff to identify all documents in support of the contentions is duplicative of the Request for Production of Documents...
2022.05.10 Demurrer to FAC, Motion to Seal 369
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.10
Excerpt: ...tive economic advantage; SUSTAINED, without leave to amend, as to the 6 th COA for economic duress, as follows. Plaintiff's Standing to Sue Derivatively on behalf of CHARTWELL, Plaintiff's Standing to Sue Directly, Whether Plaintiff's claims are derivative Claims, and Whether Plaintiff is an “Adequate” Representative to Assert Derivative Claims. MADISON demurs on the grounds that Plaintiff lacks standing to sue derivatively on behalf of CHART...
2022.05.03 Motion to Set Aside or Vacate Default, Judgment 850
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.03
Excerpt: ...r service of a written notice that default judgment has been entered, whichever is earlier. Here, under either section 473, subdivision (b) or 473.5, the motion is untimely. Nonetheless, defendant argues service of summons was never valid, therefore, the time limitations do not apply. “[A] default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. … Under section 473, subdivisio...
2022.05.03 Motion to Compel Further Responses 035
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.03
Excerpt: ...r the deposition, Defendant provided Plaintiff with an invoice showing charges for 282 pages at $7.00 per page. (Compl., ¶ 12.) Plaintiff disputes Defendant's charge of $7.00 per page as excessive and exorbitant. (Compl., ¶¶ 22, 48.) Special Interrogatory No. 2: This interrogatory asks Defendant to state the rate Defendant paid the court reporter for the subject deposition. Defendant's supplemental response states: “Eun Jee ‘Grace' Kwahk c...
2022.05.03 Motion for Leave to File FAC 581
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.03
Excerpt: ... states that a “Proposed Third Amended Cross-Complaint” is attached for the Court's review as Exhibit A. (See Pierce Decl., ¶ 5, Exh. A.) Again, any new proposed pleading would be a Second Amended Cross-Complaint only. Accordingly, the proper name of the Motion is one seeking leave to file a Second Amended Cross-Complaint. Pertinent History re FHDI/NICOLAS' Motion for Judgment on the Pleadings as to the First Amended Cross-Complaint: On Sept...
2022.05.03 Motion for Leave to Amend 744
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.03
Excerpt: ... triable. (Wegner, Fairbank & Epstein, Cal. Prac. Guide: Civ. Trials & Evid. (The Rutter Group October 2021 update), §§ 2:216-2:217.) Nevertheless, as Defendants do not oppose on this basis, the Court will address the merits of the motion. As a general proposition, the jury trial is a matter of right guaranteed by Article I, Section 16 of the California Constitution in a civil action at law, but not in equity. (C & K Engineering Contractors v. ...
2022.05.03 Demurrer to FAC 170
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.03
Excerpt: ...ividual; and Yvonne Burkhart, an individual is OVERRULED. To state a cause of action for neglect within the meaning of the Elder Abuse Act and thereby trigger the enhanced remedies available under the Act, the plaintiff must allege facts establishing that defendant: (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene or medical care; (2) knew of conditions that made the elder o...
2022.05.03 Demurrer 668
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.05.03
Excerpt: ... by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer, if the debtor made the transfer (1) with an actual intent to hinder, delay or defraud any creditor, or (2) without receiving reasonably equivalent value in return, and either (a) was engaged in or about to engage in a business or transaction for which the debtor's assets were unreasonably small, or (b) intended to, or reasonably believed,...
2022.04.26 Motion to Stay Proceedings, for Reclassification 394
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.26
Excerpt: ...laint includes derivative claims. (Motion: 5:12-16 and 7:11-15). In making this argument, however, Defendant offers no citations to legal authority outlining the defining characteristics of a derivative action. Nor does Defendant offer analysis of the specific claims asserted within the Complaint. “Every brief should contain a legal argument with citation to authorities on the points made. If none is furnished on a particular point, the court m...
2022.04.26 Motion to Quash Discovery Subpoena 896
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.26
Excerpt: ...terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., § 1987.1, subds. (a)-(b).) “[W]hen a discovery request seeks information implicating the constitutional right of privacy, to order discovery si...
2022.04.26 Motion for Summary Judgment, Adjudication 294
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.26
Excerpt: ...n – Negligence (Does 1-100): Plaintiff does not contest the City's motion as to this cause of action as it is brought against Does 1-100, only, and to date, no doe amendment has been filed to identify any additional defendants. The court considers plaintiff's silence on this issue a concession. The court GRANTS the motion for summary adjudication as to this cause of action (issue no. 1). Second Cause of Action – Premises Liability (Dangerous ...
2022.04.26 Motion for Summary Judgment 052
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.26
Excerpt: ...hich involves the sale of a used automobile, the element of wrongdoing is established by pleading and proving (1) the plaintiff bought a used automobile from the defendant, (2) at the time of purchase, the defendant was in the business of selling automobiles to retail buyers, (3) the defendant made express warranties with respect to the used automobile, and (4) the automobile was not fit for ordinary purposes for which the goods are used. General...
2022.04.26 Motion for Protective Order, to Quash Discovery Subpoena 261
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.26
Excerpt: ...9, 2022 that “[i]n fact, my insider at LAF told me that it was YOU that concocted this flawed strategy, right?” 2. IDENTIFY any and all COMMUNICATIONS RELATED TO FITNESS, which occurred between January 1, 2020 and the present, between Elliott H. Stone and the PERSON he was REFERRING to as his “insider” when he stated in an email dated February 9, 2022, that “[i]n fact, my insider at LAF told me that it was YOU that concocted this flawed...
2022.04.26 Demurrer to FAC 998
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.26
Excerpt: ...Professional Relationship (Civ. Code, § 51.9), each fail to state facts sufficient to constitute a cause of action against them. Initially, the Court notes Defendants failed to properly meet and confer before bringing their Demurrer. Before filing a demurrer, a party must meet and confer in person or by telephone with the party who filed the pleading, at least five days before the date the responsive pleading is due. (Code Civ. Proc., § 430.41(...

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