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2019.6.10 OSC Re Preliminary Injunction 415
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.6.10
Excerpt: ...ir reply declaration under seal, but failed to file a motion to seal. To promote the policy of maintaining the openness of public proceedings, the Court declines to consider the lodged unredacted exhibit in making its determination. General legal authority regarding preliminary injunctions The court may grant an injunction in the following cases: “(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and th...
2019.6.10 Motion to Strike or Tax Costs 102
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.6.10
Excerpt: ...mers v. McClanahan (2006) 140 Cal. App. 4 th 403, 413; Dill v. Berquist (1994) 24 Cal. App. 4th 1426, 1439-40. Plaintiff has not met this burden. Purported service on each of them by way of an asserted agent who in fact was not authorized to accept service on their behalf was defective. Nor did Plaintiff personally serve Defendants or their agent or comply with the requirements for substitute service. Code Civ. Proc. § 415.20. Plaintiff filed a ...
2019.6.10 Motion to Quash Service of Summons 896
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.6.10
Excerpt: ...mers v. McClanahan (2006) 140 Cal. App. 4 th 403, 413; Dill v. Berquist (1994) 24 Cal. App. 4th 1426, 1439-40. Plaintiff has not met this burden. Purported service on each of them by way of an asserted agent who in fact was not authorized to accept service on their behalf was defective. Nor did Plaintiff personally serve Defendants or their agent or comply with the requirements for substitute service. Code Civ. Proc. § 415.20. Plaintiff filed a ...
2019.6.10 Motion for Leave to Amend Answer 273
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.6.10
Excerpt: ...heir merits. IMO Development Corp. v. Dow Corning (1982) 135 Cal. App. 3d 451, 461. Because the policy favoring amendment is so strong, “it is a rare case in which a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case.” Morgan v. Superior Court (1959) 172 Cal. App. 2d 527, 530 (internal quotations omitted). This is particularly true for amendment of answers, as a defendant denied l...
2019.6.10 Motion for Attorney Fees 108
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.6.10
Excerpt: ...nt creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of para...
2019.5.20 Demurrer 896
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.20
Excerpt: ...y duty, constructive fraud, conversion, and breach of contract, Defendant chose to demur to these claims. Plaintiff pointed out in opposition that Defendant was not a party to these claims, based on Complaint. The Court overrules the Demurrer to these causes of action because these claims are not brought against this Defendant. A. Dissolution Defendant argues that insufficient facts are alleged to state a claim. The Court disagrees. Any sharehold...
2019.5.20 Demurrer, Motion to Strike 998
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.20
Excerpt: ...ruled as to the fifth cause of action. As a result of the Court's ruling on the demurrer, Defendants' motion to strike is moot. Fourth Cause of Action for Negligent Infliction of Emotional Distress Courts analyze this claim under a direct victim theory vs. a bystander. In their opposition, Plaintiffs claim to be asserting to be both direct victims and bystanders – at least at to Paredes and Cannon – to Melody's injury. In direct victim cases,...
2019.5.20 Motion for Leave to File Complaint, to Appear Pro Hac Vice 750
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.20
Excerpt: ...le and serve their proposed Cross- Complaint no later than May 30 2019. It appears the proposed Cross-Complaint is related to the City's complaint in this action. Even if the cross-complaint were not compulsory, however, the Court would grant leave pursuant to the liberal policy regarding the filing of cross-complaints. See Weil & Brown, Cal. Prac. Guide, Civ. Proc. Before Trial (Rutter 2010) § 6:557. Ordinarily, the court will not consider the ...
2019.5.20 Motion for Leave to File Complaint, to Appear Pro Hac Vice 750
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.20
Excerpt: ...le and serve their proposed Cross- Complaint no later than May 30 2019. It appears the proposed Cross-Complaint is related to the City's complaint in this action. Even if the cross-complaint were not compulsory, however, the Court would grant leave pursuant to the liberal policy regarding the filing of cross-complaints. See Weil & Brown, Cal. Prac. Guide, Civ. Proc. Before Trial (Rutter 2010) § 6:557. Ordinarily, the court will not consider the ...
2019.5.20 Motion for Leave to File Complaint, to Appear Pro Hac Vice 750
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.20
Excerpt: ...le and serve their proposed Cross- Complaint no later than May 30 2019. It appears the proposed Cross-Complaint is related to the City's complaint in this action. Even if the cross-complaint were not compulsory, however, the Court would grant leave pursuant to the liberal policy regarding the filing of cross-complaints. See Weil & Brown, Cal. Prac. Guide, Civ. Proc. Before Trial (Rutter 2010) § 6:557. Ordinarily, the court will not consider the ...
2019.5.20 Motion for Preliminary Injunction 610
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.20
Excerpt: ...n of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual.” The purpose of CCP § 526(a)(3) is to preserve the status quo pending litigation. (See, Stockton v. Newman (1957) 148 Cal.App.2d 558, 563.) First, for an injunction to issue, the moving party must establish a likelihood of prevailing on the merits. (See San Francisco Newspaper Printing Co., Inc. v. Superior Court...
2019.5.20 Motion to Compel Answers 709
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.20
Excerpt: ... typographical error or makes a minor, unsubstantial change. See Viriyapanthu v. State of CA (C.D. Cal., Oct. 26, 2018) 2018 WL 6136148, at *1 (striking portion of Notice of Errata because “proposed changes do not correct merely typographical errors”); Vigers v. Emergency Services Restoration, Inc. (C.D. Cal., June 21, 2018) 2018 WL 6930885, at *3 (“As the Ninth Circuit has held, carelessness does not form the basis of relief. Moreover, des...
2019.5.20 Motion to Set Aside and Vacate Judgment, for New Trial 855
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.20
Excerpt: ...mination of the rights of the parties in an action or proceeding.” Plaintiff has not shown that the 3/28/2019 judgment is not final. The 3/28/2019 disposed of the entire action as to all parties. Pursuant to CCP section 1294, subdivision d, Plaintiff “may appeal from…[a] judgment entered pursuant to this title.” The judgment was entered pursuant to CCP section 1287.4, after the Court granted the motion to confirm the arbitration award. Pl...
2019.5.13 Motion to Compel Production 493
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.13
Excerpt: .../retention, and negligent failure to warn, train or educate. Defendants allegedly allowed an assistant baseball coach, defendant Carlos Sales, Jr., to sexually abuse and harass the plaintiff minors. The instant discovery dispute concerns SAUSD's responses to moving Plaintiff's first set of requests for production of documents, Nos. 6 and 40. With respect to inadequate responses to a request for production, the Code provides for a motion and order...
2019.5.13 Motion for Attorney Fees 606
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.13
Excerpt: ...sary is to call the court's attention to such papers.” Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9:53.1a. Civil Code section 1717(a) provides that: “In any action on a contract, 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 deter...
2019.5.13 Motion for Attorney Fees 028
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.13
Excerpt: ...c). Under this provision, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees. Ketchum v. Moses (2001) 24 Cal. 4 th1122, 1131. The attorney's fees awarded must be reasonable. Ketchum v. Moses, supra, 24 Cal. 4 th at 1133. It is such defendant's burden of proof to show the fees it incurred and that the fees were reasonably incurred. Christian Research Institute v. Alno, supra, 165 Cal. App. 4 th at 1...
2019.5.13 Demurrer, Motion to Strike 804
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.13
Excerpt: ...nt's motion to strike is therefore moot. Sham Pleading The “sham pleading” doctrine provides that a party will be bound by a prior, unfavorable allegation absent a satisfactory explanation for the change. See Hahn v. Mirda (2007) 147 Cal. App. 4 th 740, 751; State ex rel Metz v. CCC Information Services, Inc. (2007) 149 Cal. App. 4 th 402, 412. Generally, after an amended pleading has been filed, courts will disregard the original pleading. B...
2019.5.13 Demurrer, Motion to Strike 423
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.13
Excerpt: ...he Motion to Strike punitive damages as to the first cause of action. The MTS is moot as to the remainder of the claims. The Court grants Michael's unopposed Request for Judicial Notice pursuant to Evidence Code §452(d). 1. Breach of Fiduciary Duty In this new Cross-Complaint, Mark first alleges that his brother, Michael, breached his fiduciary duty to him when he shredded Mark's mail notifying him about various tax issues, with the result that ...
2019.5.9 Demurrer, Motion to Strike 093 (2)
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.9
Excerpt: ...17200. The Demurrer is sustained without leave to amend as to claims for cancellation of instruments, wrongful foreclosure and quiet title. Wells Fargo's request for judicial notice of exhibits “A” through “G” is granted. Evid. Code §§ 452(c), (d), (h), 453. 1st COA – Negligent Misrepresentation The premise of this claim is “Defendants misrepresented to Plaintiffs [] that Plaintiffs had a qualified hardship, and that Plaintiffs woul...
2019.5.9 Motion for Leave to File Amended Complaint 631
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.9
Excerpt: ...plaint is for rescission “due to misrepresentation.” The new Defendant has been intimately involved in this litigation, is the person who signed the discovery verifications on behalf of Khoshbin Properties, and is the person who made the alleged misrepresentation. Further, Defendant does not dispute that the FAC has not run on these claims. Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus...
2019.5.9 Motion to Compel Production 024
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.5.9
Excerpt: ...tive order proposed by Plaintiff, which mirrors the LASC Form Protective Order, with the Court's own modifications thereto. The Court finds Defendant's proposed protective order is unreasonably one- sided. Furthermore, Defendant has not demonstrated why Plaintiff's proposed protective order is deficient in any respect. Because Defendant responded to each of Plaintiff's requests at issue, stating that it would produce responsive documents, and in ...
2019.4.29 Demurrer, Motion for Entry of Judgment 361
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.4.29
Excerpt: ... sustained. No acts by the Sailhouse Defendants are alleged in the FAC. The Court will hear from Plaintiffs at the hearing as to what facts, if any, they believe they could allege against these defendants if they were given leave to amend. The Court is inclined to deny U.S. Bank's motion/demurrer if (1) Plaintiffs advise the Court at the hearing that they intend to proceed against U.S. Bank and (2) advise the Court at the hearing specifically wha...
2019.4.29 Demurrer, Motion to Strike 738
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.4.29
Excerpt: ...n of their seventh cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”].) In any event, Defendant's arguments have merit. Plaintiff fails to allege whether the alleged contract was written, oral, or implied; nor does she allege the terms of the contract or the legal effect of the contract. (See Miles v. Deutsche Bank National Trust Co. (2015) 236 Ca...
2019.4.29 Motion to be Relieved as Counsel 248
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.4.29
Excerpt: ...he declaration must state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under CCP Section 284(a) is brought, instead of filing a consent under CCP Section 284(1). Counsel's motion does not state – even in general terms that do not compromise the confidentiality of the attorney-client relationship (e.g., the client's failure to communicate with counsel, or a breakdown in the attorn...
2019.4.15 Motion to Compel Production 603
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.4.15
Excerpt: ... that took several months – the parties have advised the Court that they succeeded in narrowing the requests that are in dispute to Request Nos. 6, 7, 13, 14, 16, 17, 18, 21, 22, 24, 25, 28, 29, and 30. 4/8/2019 Final Joint Status Report, 9:10-18:22. Based on the 4/8/2019 Final Joint Status Report, Plaintiff no longer seeks an order compelling Defendant to serve further responses. Plaintiff now seeks an order that: (1) directs Defendant to comp...
2019.4.15 Motion for Judgment on the Pleadings 841
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.4.15
Excerpt: ...The Court grants Defendant's unopposed Request for Judicial Notice as to Exhibits 1 through 7. These documents, and their legal effect, may properly be judicially noticed under Evidence Code § 452 (f) as to the existence of the recorded documents and their legal consequence. (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App. 4 th 256, 264). Merits re Negligence Claim Plaintiff's sparse Complaint alleges that Defendant acted negligently whe...
2019.4.15 Application for Right to Attach Order, Writ of Attachment 694
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.4.15
Excerpt: ...ant Tam Nguyen for a vertical machining center in defendant's possession – apparently, the same piece of machinery. On 2/25/2019, the Court continued the hearing on both applications and permitted Plaintiff to file and serve supplemental supporting papers to address the deficiencies noted in the Minute Order. Plaintiff timely filed a supplemental declaration on 2/26/2019 and timely served it by personal service on Alva and substitute service on...
2019.4.9 Demurrer, Motion to Strike 355
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.4.9
Excerpt: ...ncy of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which 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 co...
2019.4.9 Motion for Leave to Amend 757
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.4.9
Excerpt: ...y be exercised liberally so as not to deprive a party of the right to assert a meritorious cause of action or defense. Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530. The liberal policy of permitting amendments is not without limitation or qualification. The policy of liberality in permitting amendments applies only where no prejudice is shown to the adverse party. An opposing party that can show inexcusable delay and probable prejudice ...
2019.4.9 Motion for SLAPP 456
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.4.9
Excerpt: ...f action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. Code Civ. ...
2019.4.9 Motion to Strike 715
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.4.9
Excerpt: ...d. Evid. Code, § 452(d); Poseidon Development, Inc. v. Woodland Lane States, LLC (2007) 152 Cal.App.4th 1106, 1117. Pursuant to CCP section 436 the court may strike out “...any irrelevant, false, or improper matter inserted in any pleading.” “Courts have inherent authority to strike scandalous and abusive statements in pleadings.” Oiye v. Fox (2012) 211 Cal.App.4th 1036, 1070. “An ‘immaterial allegation' means ‘irrelevant matter' a...
2019.3.25 Demurrer, Motion to Strike 543
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.25
Excerpt: ...s the second cause of action, the demurrer to that cause of action is moot. First cause of action for tortious breach of insurance contract and third cause of action for breach of the implied covenant of good faith and fair dealing “A cause of action for breach of contract requires proof of the following elements: (1) existence of the contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) damages to ...
2019.3.18 Motion to Compel Further Responses 785
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.18
Excerpt: ...�� Nos. 37 and 61 – were withdrawn in the reply. The Court addresses the remaining 13 requests below. As an initial matter, a motion to compel further responses to requests for production “shall be accompanied by a meet and confer declaration under Section 2016.040.” Code Civ. Proc., § 2031.310(b)(1). CCP Section 2016.040 requires the meet and confer declaration in support of a motion to “state facts showing a reasonable and good faith a...
2019.3.18 Motion for Contempt 108
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.18
Excerpt: ...t under CCP Section 2015.5. The Court continued the hearing on the motion, in part because it appeared the opposition and reply briefs submitted by the parties had been delayed in processing in the clerk's office and therefore had not been considered by the Court at the time of the 2/25/2019 hearing. The Court has now considered the moving papers, the opposition and reply papers. On the basis of the record before it, the Motion/Application is den...
2019.3.18 Motion to Tax Costs 712
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.18
Excerpt: ...vailing party in any civil action is entitled to recover costs as a matter of right. Code Civ. Proc. §1032; Charton v. Harkey (4/3 2016) 247 Cal. App. 4 th 730, 737. A “prevailing party” includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief and a defendant as against those plaintiffs who do not recover any relief against that de...
2019.3.18 Motion to Seal 142
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.18
Excerpt: ...and her child's social security and bank account numbers is manifest. Plaintiff has proposed a limited redaction to protect this information. The Court thus finds that: (i) an overriding privacy interest exists that overcomes the right of public access to the information; (ii) the overriding interest supports sealing the records; (iii) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (i...
2019.3.18 Motion to Enforce Settlement 588
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.18
Excerpt: ...500 to Susan Vanderpool, payable in monthly installments of $10,000, beginning on December 1st of 2018 and continuing until one final monthly payment is made in the amount of $12,500 to comprise the total $62,500 payment”; “[o]nce those payments have been made, the parties stipulate that judgment quieting title to the subject property in this action, located at 115 Majorca Place, Placentia, will be entered in favor of Carol A. Smith with an e...
2019.3.18 Motion to Compel Arbitration 894
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.18
Excerpt: ...oth procedurally and substantively to govern the arbitration per the agreement of the parties. The FAA does not include a provision comparable to CCP § 1281.2(c) and therefore requires this court to enforce the written arbitration agreements even if there is pending litigation involving a third party that may result in conflicting rulings. Under the FAA, this court's task on a motion to compel arbitration is limited to answering two questions: (...
2019.3.11 Motion for Leave to Amend 757
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.11
Excerpt: ... (4) The reasons why the request for amendment was not made earlier.” Cal. Rules of Ct., Rule 3.1324. The motion must state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are lo...
2019.3.11 Motion for Summary Judgment, Adjudication 055
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.11
Excerpt: ...d are not merely correcting a typographical error or making a minor, unsubstantial change. The documents Plaintiff filed on 3/5 include a new separate statement, a declaration from Plaintiff and a revised declaration of Plaintiff's counsel, Mr. Bruchey. The purpose of these documents is to introduce new facts and evidence (i.e., Plaintiff's declaration). This is improper and the Court declines to consider the untimely new documents. Evidentiary O...
2019.3.11 Motion to Compel Compliance 655
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.11
Excerpt: ...ant agreed to comply, in full, with requests 18 and 19. To the extent Defendant has responsive emails that it has not produced, Defendant must produce them within 10 days. Code Civ. Proc. § 2031.320. The remainder of the motion is denied. Defendant was ordered to provide a privilege log if it withheld any documents on the basis of privilege. Defendant has confirmed that it did not provide a privilege log, because no documents have been withheld ...
2019.3.11 Motion to Compel Further Responses 402
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.11
Excerpt: ...rds from Behavioral Health Services - American Recovery Services.” The Separate Statement fails to include the definition provided for the term “YOUR” but for purposes of this motion, the Court assumes that it referred to Plaintiff Ali Moghadam. The requested documents appear to be relevant. According to the Declaration of Grace Park dated 2/8/2019, Plaintiff identified Encino Hospital Medical Center as a facility that provided him treatmen...
2019.3.11 Motion to Lift Stay, Overrule Demurrer 456
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.11
Excerpt: ...ust account. For the reasons set forth below, the Motion is denied. The Court grants the request for Judicial Notice of Exhibits 1, 4, 5, 6, 7, 8, 9, and 10 under Evidence Code Section 452(d). The Court cannot accept as true the contents of pleadings or exhibits just because they are part of a court record or file; they constitute inadmissible hearsay in this action. Day v. Sharp (1975) 50 Cal.App.3d 904, 914. But the legal effect of orders in an...
2019.3.11 Demurrer, Motion to Strike 409
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.11
Excerpt: ...nd Ins. Companies 91988) 46 Cal. 3d 287, 305. Only parties to an insurance contract and those entitled to benefits under the policy, such as an additional insured or express beneficiary, have standing to sue for breach of the contract's express or implied terms. Thus, a third-party claimant has no standing to sue for breach of the implied covenant of good faith and fair dealing without first obtaining an assignment of the insured's rights. Murphy...
2019.3.4 Motion to Authorize Settlement, Determine Lien Amounts, and Reconsider Prior Order 943
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.4
Excerpt: ...jury trial set for 1/28/19 and scheduled an Order to Show Cause re: Dismissal on Settled Case for 1/28/19. (12/14/2018 Minute Order.) On 1/28/19, no parties appeared at the OSC, so the entire action was dismissed without prejudice. (01/28/2019 Minute Order.) Plaintiffs brought the instant motion on 2/4/19. Although Plaintiffs ask the Court to “reconsider” the 1/28/19 order of dismissal, Plaintiffs did not provide the grounds for this relief i...
2019.3.4 OSC Re Preliminary Injunction 979
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.4
Excerpt: ... is denied. (Ibid.) To establish a likelihood of prevailing on the merits, the moving party must present evidence demonstrating a probability of prevailing on the merits. This is customarily done by affidavits or declarations, although a verified complaint and other discovery can be considered. (Continental Baking Co. v. Katz (1968) 68 Cal.2d 512, 527; and Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2017) ¶ ...
2019.3.4 Demurrer 009
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.4
Excerpt: ...nting Wells Fargo relief from the stay in order to proceed with the foreclosure. [Evid. Code § 452(d).) 2. The claims are not preempted by HOLA. The court finds that the claims alleged are not preempted by the Home Owners' Loan Act because the alleged wrongful conduct occurred after the loan changed hands from the federal savings association of bank to Defendant. HOLA is strictly limited to federal savings institutions, however, and was not inte...
2019.3.4 Demurrer, Motion to Strike 431
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.4
Excerpt: ... law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading that are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it r...
2019.3.4 Motion for Summary Judgment, Adjudication 470
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.4
Excerpt: ...ntic Richfield Co. (2001) 25 Cal.4th 826, 850. “A prima facie showing is one that is sufficient to support the position of the party in question.” Id. at 851. Where a plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a cause of action entitling him or her to judgment. Code Civ. Proc. § 437c(p)(1); S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal. App. 4th 383, 388. It is not pla...
2019.3.4 OSC Re Dismissal 796
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.3.4
Excerpt: ...y the dismissal of Hayden's cross-complaint, filed derivatively on Granite's behalf on January 25, 2018. However, nothing in the moving papers addresses the settlement between Free and Raymond Handling or the dismissal of the cross- complaint. There is no authority or explanation provided re how the Court would have jurisdiction or authority to “approve” a settlement with an entity (Raymond Handling) that is not a party to this action. Likewi...

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