Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

771 Results

Clear Search Parameters x
Location: Orange County x
Judge: Gastelum, John C x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 347)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 275,25
Array
(
)
2022.04.19 Motion to Quash Subpoena 011
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.19
Excerpt: ...Section 1987.1 to quash or modify the subpoena duces tecum.” Additionally, the motion to quash production of documents at a deposition must be accompanied by a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should not be compelled. (See CRC 3.1345(a)(5).) On November 17, 2021, Defendants served a Deposition Subpoena for Production of Business Records to the Custodia...
2022.04.19 Motion for SLAPP 565
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.19
Excerpt: ...g, LLC's unopposed Request for Judicial Notice is GRANTED. Defendant Evan Paul Auto Leasing, LLC's, Special Motion to Strike Plaintiff's Complaint [anti- SLAPP], is DENIED. (4) Defendant Evan Paul Auto Capital, LLC's unopposed Request for Judicial Notice is GRANTED. Defendant Evan Paul Capital, LLC's, Special Motion to Strike Plaintiff's Complaint [anti- SLAPP], is DENIED. The Two-Step Anti-SLAPP Analysis Anti-SLAPP motions are evaluated through ...
2022.04.19 Motion for SLAPP 035
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.19
Excerpt: ...e under Code of Civil Procedure section 425.16. First, the court determines whether the defendant has made a prima-facie showing that the complaint “arises from” defendant's constitutionally-protected free speech or petition activity. (Code Civ. Proc., §425.16(b); Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 61; Governor Gray Davis Committee v. American Taxpayers Alliance (2002) 102 Cal.App.4th 449, 458-459.) Once t...
2022.04.19 Demurrer to TAC 956
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.19
Excerpt: ...Third Amended Complaint (“TAC”) filed by Plaintiffs Auric Energy Inc. (“Auric Energy”) and Anibal Rodriguez (“Rodriguez”) (“Plaintiffs”) is OVERRULED in its entirety. First, Second, Third, Eighth, and Ninth Causes of Action These five causes of action relate to the fraud-based causes of action, and include the First Cause of Action for Fraud, Second Cause of Action for Negligent Misrepresentation, Third Cause of Action for Intenti...
2022.04.19 Motion to Compel Deposition 445
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.19
Excerpt: ...section 2020.250. (See Motion, 5:13-17.) However, the Code of Civil Procedure does not have a section 2020.250. Thus, Plaintiffs fail to provide authority in support of a contempt sanction, and the request for contempt is denied. Failure to include points and authorities supporting each ground for the motion may be treated as an admission that the motion is not meritorious, and as ground to deny it. (California Rules of Court, Rule 3.1113(a).) In...
2022.04.12 Motion to Compel Further Responses 589
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.12
Excerpt: ...d (per the privilege log). Additionally, the discovery responses were mostly code compliant. In pertinent part, they stated the following:  Second Amended Response No. 1: “Plaintiff has conducted a diligent search and reasonable inquiry to search for the requested documents. Attached hereto as Exhibit 1, Exhibit 2, and Exhibit 3 are all non-privileged responsive documents in Plaintiff's possession, custody and control at this time. Plaintiff...
2022.04.12 Motion for SLAPP 216
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.12
Excerpt: ... 425.16. First, the court determines whether the defendant has made a prima facie showing that the complaint “arises from” defendant's constitutionally-protected free speech or petition activity. (Code Civ. Proc., § 425.16, subd. (b); Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 61; Governor Gray Davis Committee v. American Taxpayers Alliance (2002) 102 Cal.App.4th 449, 458-459.) Once the defendant makes such prima ...
2022.04.12 Demurrers 035
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.12
Excerpt: ...the merits, but Plaintiff is ordered to comply with the meet and confer requirements in any subsequent Demurrer. The Court SUSTAINS the demurrer as to the prayer for attorney fees. The Answer fails to plead the basis for the request for attorney fees, i.e., contract or statute. The Demurrer is OVERRULED as to the 1 st through 19 th, 21 st, and 23 rd Affirmative Defenses. As to Affirmative Defense Nos. 1 and 22, there is no new matter at issue wit...
2022.04.07 Motion for Summary Judgment, Adjudication 976
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.07
Excerpt: ...ties Code, and the regulations promulgated and enforced by the California Public Utilities Commission firmly establish Uber is vicariously liable for Defendant, Danilo Dimayga Lumbera's negligence and owed Plaintiff a heightened duty as a matter of law.” (Notice, 2:4-10.) To move for summary adjudication, the party moving must specify in its notice of motion and motion the claim, causes of action, or issues it is moving on. (California Rules of...
2022.04.07 Motion for Summary Judgment, Adjudication 742
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.07
Excerpt: ...f the visitor's personal safety [citation removed], the owner's actual or constructive knowledge of the dangerous condition is a key to establishing its liability.” (Id. at 1206). “Although the owner's lack of knowledge is not a defense, ‘[t]o impose liability for injuries suffered by an invitee due to [a] defective condition of the premises, the owner or occupier ‘must have either actual or constructive knowledge of the dangerous conditi...
2022.04.07 Motion to Compel Arbitration 480
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.07
Excerpt: ...no grounds exist to bar enforcement of the Agreement. (Code Civ. Proc., §1281.2.) An electronic record or signature is attributable to a person if it was “the act of the person.” (Civ. Code, § 1633.9, subd, (a).) The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or signature was attributable. (Civ. Code, § 1633.9, su...
2022.04.07 Motion to Compel Further Responses 706
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.07
Excerpt: ...gatories, Employment, Set One; Form Interrogatories, General, Set One; Special Interrogatories, Set Two; and Special Interrogatories, Set One. Defendant also seeks monetary sanctions in the total amount of $16,023.00. Plaintiff indicates she has served further responses and further document production in response to Request for Production Nos. 5, 17-20, 22, 32, 31, 33, 35-37, and 42-43; Special Interrogatories No. 12; Form Interrogatories, Genera...
2022.04.07 Motion to Disqualify Attorney of Record 360
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.07
Excerpt: ...cases. (In re Complex Asbestos Litig. (1991) 232 Cal. App. 3d 572, 585.) “Standing generally requires that the plaintiff be able to allege injury, that is, an invasion of a legally protected interest. [Citation.] A “standing” requirement is implicit in disqualification motions. Generally, before the disqualification of an attorney is proper, the complaining party must have or must have had an attorney-client relationship with that attorney....
2022.04.05 Motion for Protective Order, to Compel Production 462
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.05
Excerpt: ... the expert is solely retained as a consulting expert, the attorney-client privilege applies to communications made by the client or the attorney to the expert to allow the expert to properly advise counsel. Furthermore, a consulting expert's report, prepared at the attorney's request and with the purpose of assisting the attorney in trial preparation, constitutes work product. (See, DeLuca v. State Fish Co., Inc. (2013) 217 Cal.App.4th 671, 688....
2022.04.05 Demurrer to SAC, Motion to Strike 078
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.04.05
Excerpt: ...dant is correct in that this cause of action is directed against him. Directly under the title of the second cause of action, Plaintiffs allege that the second cause of action is brought “(By Plaintiffs Pablo Jose Valdes De Ferari and Aleida Isabel Aguirre Against Defendants Rogelio Adrian Vasquez, Pearce Services, LLC, and Does 2 Through 20).” (See, SAC pg. 19:16-17 (emphasis added).) Defendant is also correct that throughout the SAC Plainti...
2022.03.23 Motion to Require Bond, for Summary Judgment, Adjudication 962
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.03.23
Excerpt: ...on 1030(d). Moving Defendants to give notice. This Motion first came up for hearing on February 1, 2022. (ROA No. 296). On that date, the Court found Defendants sufficiently demonstrated a “reasonable possibility of prevailing,” as required to support a Motion for Bond brought pursuant to Code of Civil Procedure section 1030. (Id.) Additionally, the Court found Defendants sufficiently supported their request for a bond in the amount of $22,10...
2022.03.23 Motion to Compel Production of Docs 055
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.03.23
Excerpt: ...rties. The RPDS are listed below: NO. 7. All DOCUMENTS in which YOU have referenced Robert Descharnes from August 9, 2013 to the present. NO. 8. All DOCUMENTS in which YOU have referenced Robert Descharnes' books from August 9, 2013 to the present. NO. 9. All DOCUMENTS in which YOU have referenced Nicolas Descharnes from August 9, 2013 to the present. NO. 10. All DOCUMENTS in which YOU have referenced Nicolas Descharnes' books from August 9, 2013...
2022.03.08 Motion for Terminating Sanctions 946
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.03.08
Excerpt: ... party until an order for discovery is obeyed, an order dismissing the action, or any part of that action, of that party, or an order rendering a judgment by default against that party. (Code Civ. Proc., § 2023.030(d).) Additionally, the court may impose a monetary sanction ordering that one engaging in conduct that is a misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, included attorney...
2022.03.08 Motion for Summary Judgment, Adjudication 483
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.03.08
Excerpt: ...oid summary adjudication, plaintiffs must produce evidence that could, if accepted by the trier of fact, satisfy the clear and convincing standard of proof. (Ibid.) Under Civil Code section 3294, subdivision (c), the following definitions apply: “(1) ‘Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the...
2022.03.08 Motion for Summary Judgment 639
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.03.08
Excerpt: ...nt has no merit. (See Code Civ. Proc. § 437c, subd. (p)(2) [burden]; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 [same].) Plaintiff's form Complaint contains two causes of action for general negligence and premises liability. “[C]laims for negligence and premises liability have the same elements—namely, (1) ‘a legal duty of care,' (2) ‘breach of that duty,' and (3) ‘proximate cause resulting in injury.'” (Issakhani v...
2022.03.08 Motion for Discovery Sanctions, to Compel Deposition 930
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.03.08
Excerpt: ... re Mrs. Gamo: If a deponent fails to answer a deposition question or produce documents or things designated in the deposition notice or subpoena, the examiner may either complete the examination on other matters or adjourn the deposition. (Code Civ. Proc., §§ 2025.460, subd. (e), 2025.480, subd. (a).) In either event, if the examiner wants an answer to the question or the documents produced, the examiner must file a motion to compel. (Code Civ...
2022.03.01 Motion for Summary Judgment, Adjudication 768
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.03.01
Excerpt: ...(a); Civil Code § 1794) because the undisputed material facts demonstrate: (A) Plaintiff has no actual damages which is fatal to her claims; (B) KA complied with its statutory obligation by promptly offering to repurchase the vehicle, and then doing so. [See KA's Separate Statement of Undisputed Material Facts, Fact Nos. 1-31]. 2. KA is entitled to summary adjudication of Plaintiff's Violation of Civil Code § 1793.2(b) (Second Cause of Action) ...
2022.03.01 Motion for Summary Judgment, Adjudication 526
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.03.01
Excerpt: ...mmunity Hospital nursing staff did or did not do was a substantial factor in causing Plaintiff's shoulder dystocia or the brachial plexus injury during her mother's labor, delivery or after her delivery.” (SSUF No. 20). In opposing the instant Motion, Plaintiff raises two theories of liability: (1) Plaintiff asserts Defendant Kim was the ostensible agent of Defendant La Palma, such that Defendant La Palma is liable for his negligence; and (2) P...
2022.03.01 Demurrer to FAC 369
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.03.01
Excerpt: ... his claims derivatively on behalf of CHARTWELL. (See Corp. Code § 2116; Vaughn v. LJ International, Inc. (2009) 174 Cal.App.4th 213, 223.) Under the New York Business Corporation Law § 626(a), “[a]n action may be brought in the right of a domestic or foreign corporation to procure a judgment in its favor, by a holder of shares or of voting trust certificates of the corporation or of a beneficial interest in such shares or certificates.” He...
2022.03.01 Demurrer 841
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2022.03.01
Excerpt: ... not been prejudiced as it had the opportunity to file a reply. The court will address the arguments raised in petitioner's opposition. The SAP alleges the arbitration award was procured by corruption, fraud, or other undue means under Code of Civil Procedure section 1286.2. Corruption, Fraud, or Other Undue Means: This ground applies either to fraud perpetrated by the arbitrator or to fraud by a party. (Pacific Crown Distributors v. Brotherhood ...

771 Results

Per page

Pages