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2021.08.05 Motion for Summary Judgment, Adjudication 588
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.08.05
Excerpt: ... attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) “[F]rom commencement to conclusion, the 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.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is ...
2021.08.05 Demurrer, OSC Re Dismissal 365
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.08.05
Excerpt: ...Special demurrers based on uncertainty are rarely sustained – only where the complaint is so bad that defendant cannot reasonably respond— i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) Here, Plaintiffs' allegations are not so confusing that Defendants cannot reasonably discern w...
2021.08.05 Demurrer, Motion to Strike 936
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.08.05
Excerpt: ... control, undercapitalization, use of corporate shells to avoid liability (such as that alleged in the FAC), and the other elements of alter ego. [FAC ¶¶ 8- 10.] “Courts have followed a liberal policy of applying the alter ego doctrine where the equities and justice of the situation appear to call for it rather than restricting it to the technical niceties depending upon pleading and procedure.” Greenspan v. Ladt, LLC. (2010) 185 Cal. App. ...
2021.08.05 Demurrer 747
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.08.05
Excerpt: ...e FAC was filed and reclassified. Shirdel was not a party to the action when the Complaint was filed and was added after Plaintiffs filed the FAC. Shirdel shall is ordered to pay the first appearance fee within 10 days. The Court also notes Defendant did not file a proof of service showing the demurrer and supporting papers were properly served on Plaintiffs. Proof of service of the moving papers must be filed no later than five court days before...
2021.06.30 Motion for Summary Judgment 488
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.06.30
Excerpt: ...ages in the Prayer for Relief (Issue 10). The Motion is moot in its entirety as to now dismissed Defendants Albert Chavez and Rafael Martinez. (ROA 155) A. Evidentiary Issues The Court notes that the objections filed by Defendant to the evidence submitted by Plaintiff in opposition to the Motion do not comply with the formatting requirements of Rule 3.1354 of the California Rules of Court. Instead of succinctly stating the testimony objected to a...
2021.06.30 Demurrer, Special Motion to Strike 221
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.06.30
Excerpt: ...3) Plaintiff's third cause of action, for religious discrimination in violation of Government Code Section 12940(a); and (4) Plaintiff's fifth cause of action, for defamation under Civil Code Section 46. Defendant also demurs to the same four causes of action – the first, second, third, and fifth – as well as to Plaintiff's ninth cause of action for waiting time penalties, and eleventh cause of action for declaratory and injunctive relief. In...
2021.06.30 Demurrer, Motion to Strike 750
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.06.30
Excerpt: ...e demurrer is overruled as to the fourth and fifth causes of action under FHA and the ADA, as well as the sixth cause of action under FEHA. The City's unopposed motion to strike is granted without leave to amend. The City's requests for judicial notice are granted. Demurrer First Cause of Action for Violation of 42 U.S.C. §1983/Equal Protection and Procedural Due Process14 th Amendment As in prior iterations of their cross-complaint, Cross-Compl...
2021.06.07 Motion to Strike 162
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.06.07
Excerpt: ...e a trust amendment on the grounds of undue influence, rescission of trust amendment due to mistake of law, and intentional interference with an expected inheritance (the “Blake Petition” or the “Petition”). Plaintiff also asks the Court to take judicial notice of a 9/14/2020 Minute Order relating to the Blake Petition, and written discovery propounded on Blake in connection with the Petition and his responses thereto. Barbara objects to ...
2021.06.07 Motion for Protective Order 170
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.06.07
Excerpt: ...ffs and Plaintiffs' vehicle that is the subject of their Complaint or, alternatively, strike them in their entirety; and (4) narrow the scope of Plaintiffs' Requests for Production of Documents, Set One, Nos. 1-124 to those requests seeking information concerning Plaintiffs and the specific vehicle that Plaintiffs owned that is the subject of their Complaint, and to FCA's documents relating specifically to Plaintiffs and the Subject Vehicle. This...
2021.06.07 Demurrer, Motion for SLAPP 105
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.06.07
Excerpt: ...on”) as to Defendant Anne Jung only. The Court denies the Special Motion to Strike as to Defendants Yung Jung and CMG. This Motion originally was heard May 10, 2021 the hearing was continued for additional briefing on the narrow issue specified in the Court's Minute Order of 5/14/21 (ROA#89) Defendants' Request for Judicial Notice, which was filed for the first time with their reply, is denied. Jay v Mahaffey (2013) 218 Cal.App.4th 1522, 1536. ...
2021.05.24 Demurrer, Motion to Strike 577
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.24
Excerpt: ... state a cause of action for legal malpractice, a plaintiff must allege, among other things, facts showing that but for the alleged malpractice, the plaintiff would have obtained a more favorable result. Jocer Enterprises, Inc. v. Price (2010) 183 Cal.App. 4th 559, 572; see also CACI 601 (to recover damages for a lawyer's negligent handling of a legal matter, a plaintiff must prove that he would have obtained a better result if the defendant lawy...
2021.05.24 Motion for Summary Judgment, Adjudication 288
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.24
Excerpt: ...anderson (“Shawn,” together with John, “Plaintiffs”), or, in the alternative, for Summary Adjudication as to each of the three causes of action asserted therein, are DENIED. Defendants' evidentiary objections are sustained as to nos. 3, 8 and 9 and overruled as to nos. 1, 4 and 7. The Court declines to rule on nos. 2, 5 and 6 because the evidence is not material to its disposition of the motions. Code Civ. Proc., § 437c(q). Merits At the...
2021.05.24 Motion for Summary Judgment, Adjudication 485
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.24
Excerpt: ....” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) With respect to the others, the request is denied, as the Court finds they are not the proper subjects of judicial notice. “[F]rom commencement to conclusion, the 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.” (Aguil...
2021.05.24 Motion to Compel Arbitration 782
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.24
Excerpt: ...bitration provision to be unconscionable. The general rule is that “one must be a party to an arbitration agreement to be bound by it or invoke it.” DMS Servs., Inc. v. Superior Court (2012) 205 Cal.App.4th 1346, 1352 (internal quotes and citation omitted). Courts have recognized limited exceptions to this general rule: “there are six theories by which a nonsignatory may be bound to arbitrate: (a) incorporation by reference; (b) assumption;...
2021.05.24 Motion to Compel Further Responses 663
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.24
Excerpt: ...Code Civ. Proc. § 2016.040; Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435. The Parties are ordered to further meet and confer and to submit (in place of a separate statement) “a concise outline of the discovery request and each response in dispute.” Cal. R. Ct. Rule 3.1345(b)(2). The first page of the outline shall provide the “set and number” of the interrogatories that are still at issue. Cal. R. Ct. Rule 3.1345(d). The o...
2021.05.17 Motion to Compel Production of Docs 390
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.17
Excerpt: ...o show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial). (Glenfed Develop. Corp. v. Superior Court (National Union Fire Ins. Co. of Pittsburgh, Pa.) (1997) 53 Cal.App.4th 1113, 1117; Weil & Brown, Cal. Practice Guide:...
2021.05.17 Motion for Summary Judgment, Adjudication 155
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.17
Excerpt: ...g a purchase agreement for the purchase of real property commonly known as 12802 Panorama Crest, Santa Ana, CA 92705 (the “Property”). Third Am. Compl. (“TAC”) at ¶ 103. The concealment/ misrepresentations were relate to certain defects in the plumbing, including the sewer systems, of the Property, which Plaintiff alleges were made by the Suders. TAC at ¶ 13. CCP Section 437c Standard In seeking summary adjudication, Plaintiff bears the...
2021.05.17 Motion for Summary Judgment, Adjudication 024
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.17
Excerpt: ...otice is denied. Plaintiff's objections to ¶ 2, Ex A., ¶ 5, Ex. D., ¶ 7 and Ex. F of the declaration of James Werner are sustained. Plaintiff's objections to ¶ 3, Ex. B, ¶ 4, and Ex. C are overruled. Plaintiff's objections to the declaration of Kelly Parkman are all overruled. Defendant's objections to the declaration of Christopher Barry are sustained. Defendant's objections to the declaration of Mark Jannesari are overruled as to nos. 1 an...
2021.05.17 Demurrer, Motion to Strike, Petition to Compel Arbitration 937
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.17
Excerpt: ...itted structures on the property) and have brought an action for (among other things) fraud and misrepresentation, unfair business practices and promissory estoppel. In addition to naming the Dennis Defendants, Plaintiffs have sued Defendant Berkshire Hathaway (which is alleged to be the listing agent and broker for the sale of the property); Defendant Michael Bianchi (“Bianchi”), who allegedly signed the Agreement in his capacity as a real e...
2021.05.10 Motion for Writ of Mandate 081
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.10
Excerpt: ...by any court to any inferior tribunal, corporation, board or person…to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that inferior tribunal, corporation, board, or person.” Pursuant to Corporations Code section 1601, “[t]he accounting books and records and minutes of proceedings of the shareholders and the board and committees...
2021.05.10 Motion for Sanctions 107
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.10
Excerpt: ...nt's purported “utilization of the same scheme” to defraud other persons, and discovery orders in other cases. The Court did not consider this evidence. However, the Court did consider Defendant's deposition testimony, notwithstanding the fact that Plaintiff originally proffered an uncertified, “rough” copy of the transcript, because Plaintiff later supplemented the record with a certified transcript. Failure to respond to an authorized m...
2021.05.10 Demurrer, Motion to Strike 750
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.10
Excerpt: ...ltimate facts, in ordinary and concise language, and with sufficient detail to acquaint a defendant with the nature, source and extent of the claim. The degree of detail required depends on the extent to which the defendant in fairness needs such detail which can be conveniently provided by the plaintiff. Less particularity is required when the defendant ought to have co-extensive or superior knowledge of the facts. Under normal circumstances, th...
2021.05.10 Demurrer, Motion to Strike 105
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.10
Excerpt: ...second is Defendants' Demurrer to Plaintiff's Complaint. Special Motion to Strike the Complaint The Court grants the Special Motion to Strike (the “Motion”) as to Defendant Anne Jung. The Court denies the Motion as to Defendants California Mortuary Group Inc. and Yung M. Jung. Defendants' Request for Judicial Notice, which was filed for the first time with their reply, is denied. Jay v Mahaffey (2013) 218 Cal.App.4th 1522, 1536. Defendants' e...
2021.05.03 Demurrer, OSC Re Monetary Sanctions 310
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.03
Excerpt: ...emurrer in part and overrules it in part. Plaintiffs are granted 20 days leave to amend. (1) The Demurrer to Plaintiffs' Second Cause of Action against Defendant Noour for breach of fiduciary duty of loyalty is sustained. The Second Cause of Action alleges that: “Defendant NOOUR was in a contractual relationship with Plaintiffs to provide sales representation in exchange for commission on sales revenue.” (FAC, ¶31). The law is clear that a p...
2021.05.03 Demurrer, Motion to Strike 100
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.03
Excerpt: ...hich includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek ...

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