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2019.1.28 Petition to Confirm Arbitration Award 855
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.1.28
Excerpt: ...sented Panopio. Counsel for Defendants and Panopio addressed this error by serving and filing of Notice of Errata showing Littler Mendelson is also attorney of record for Panopio. However, Defendants and Panopio have not shown the notice of errata was properly served on Plaintiff Nicole Maiden. The proof of service indicates only that the serving party directed Express Network to personally deliver a copy of the documents to Plaintiff. There is n...
2019.1.28 Motion to Compel Further Responses 525
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.1.28
Excerpt: ....1, as well as further responses to Form Interrogatories-Employment Law, Set One, interrogatory numbers 200.3, 200.4, 202.1, 203.1, 204.1, 204.2, 204.3, 204.6, 205.1, 207.2, 208.1, 210.2, 210.3, 210.4, 210.6, 212.3, 212.4. Defendants also seek monetary sanctions against Plaintiff and his attorneys of record. Defendant contends Plaintiff's responses are incomplete and Plaintiff's verification is deficient. A party may move to compel further respon...
2019.1.28 Motion to Compel 735
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.1.28
Excerpt: ...App. 3d 859, 863-65;Canaan Taiwanese Christian Church v. All World Missions (2012) 211 Cal. App. 4 th 1115, 1127. Nonetheless, the Court notes Plaintiff's complaints about interference with his rights of access and acknowledges both Plaintiff's right to access and the court's and prison's roles in ensuring it. Pen. Code § 2601(e); Jameson v. Desta (2009) 179 Cal. App. 4 th 672, 678; Wantuch v Davis (1995) 32 Cal. App.4th 786. “Prison walls are...
2019.1.28 Motion for Summary Judgment, Adjudication 257
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.1.28
Excerpt: ...dence. (Munro v. Regents of the University of Calif. (1989) 215 Cal. App. 3d 977, 985.) Here, Defendant met his initial burden of establishing his compliance with the requisite standard of care through the expert declaration of Philip Unger, M.D. Dr. Unger opines that the Defendant acted within the standard of care and did nothing to exacerbate Plaintiff's injury. Dr. Unger is a board certified radiologist and has served as the Chairman of St. Ju...
2019.1.28 Demurrer, Motion to Strike 028
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.1.28
Excerpt: ...as January 7, 2019. Thus, to timely serve her opposition papers, Plaintiff would have had to serve them by overnight delivery on December 21, 2018. She failed to do so. Instead, her proof of service indicates she served them on Friday, December 21, 2018 by mail from Missouri, addressed to Defendants' counsel in California. Defendants clearly did not receive the opposition timely. Indeed, given the timing of the mail service (and the intervening w...
2019.1.28 Demurrer 714
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.1.28
Excerpt: ...cial notice of documents filed with the Secretary of State). The Cross-Complaint contains two causes of action for involuntary dissolution, seeking the dissolution of defendants Ad Exchange Group, LLC and Push Innovation, LLC (collectively, the “LLCs”). The reasons alleged for dissolution are: “management is deadlocked and there is internal dissension in the management” and “dissolution is reasonably necessary to protect the rights of C...
2019.1.28 Demurrer 087
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.1.28
Excerpt: ...or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” Lazar v. Superior Court (1996) 12 Cal.4th 631, 638. Every element of fraud must be pleaded with specificity. The particularity requirement for fraud requires the pleading of facts showing how, when, where, to whom, and by what means the representations were made. Stansfield v. Starkey (1990) 220 Cal. App. 3d 59, 73. This is to...
2019.1.28 Motion to Quash Subpoena 220
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2019.1.28
Excerpt: ...the right of privacy of the person.” Code Civ. Proc. § 1987.1(a), (b). Subpoenas may be challenged on the basis that the records sought are not within the permissible scope of discovery— i.e., privileged, privacy or attorney. Cal. Prac. Guide Civ. Pro. Before Trial Ch. 8E-6 at ¶¶ 8:597-8:598. If the information sought would be considered “obvious invasions of interests fundamental to personal autonomy,” then there also must be a showin...
2018.8.13 Motion for Summary Judgment, Adjudication 167
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.13
Excerpt: ...oneously sued as Optum Professional Property Management Inc.) (“OPPM”). In her opposition to the Motion, Plaintiff represents that she “intends to dismiss the other two moving defendants, University Community Insurance Association and Optimum Professional Property management, Inc. and for such reason her opposition will focus solely on the motion as it pertains to PCM.” Pl.Opp. MPA at 5:17- 20. Accordingly, in reliance on Plaintiff's repr...
2018.8.13 Motion to Compel Further Responses, Production 380
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.13
Excerpt: ...ntiary Sanctions, although improperly titled. Second, the Notice of Motion seeks “compliance” and monetary sanctions. It is only in the Points and Authorities where Plaintiff seeks evidentiary sanctions prohibiting Plaintiff from introducing designated matters in evidence. [Code Civ. Proc. § 2023.030(c)]. Third, if a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just [Code Civ. Proc...
2018.8.13 Motion to File Under Seal, to Enforce Settlement 246
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.13
Excerpt: ...) and the parties' protective order by lodging unredacted copies of his declaration with the Court. Pending the determination of the motion or application, the lodged record will be conditionally under seal. Cal. Rules of Ct., Rule 2.551(b)(4). The Court may order that a record be filed under seal only if it expressly finds facts that establish that: • there exists an overriding interest that overcomes the right of public access to the record �...
2018.8.13 Motion for Transportation Order, for Leave to Amend 735
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.13
Excerpt: ...08) 167 Cal. App. 4 th 1468, 1483-84 (in a civil action, “a prisoner may not compel the trial court to appoint counsel on his or her behalf. [citation] Nor may a prisoner ordinarily compel his or her appearance in court.”). Trial courts have discretion to choose among a variety remedies to ensure indigent prison litigants are afforded meaningful access to the courts, including, e.g., transferring the prisoner to court, holding the trial in th...
2018.8.13 Demurrer 668
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.13
Excerpt: ...th parties' unopposed Requests for Judicial Notice of documents filed in the Trust Action and related Conservatorship Action. The person who challenges the validity of the election has the burden of proving any irregularity in the election. (Shamel v. Lite Products Sales (1955) 131 Cal. App. 2d 33.) Plaintiff argues in Opposition that he is alleging that Defendant Rachel Cordova lacked capacity when she utilized her voting rights on May 2, 2018 t...
2018.8.13 Motion for Sanctions, to Compel Production 879
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.13
Excerpt: ...precluding Plaintiff The Learning House (“TLH”) from relying on “marketing spend” documents that were belatedly produced by TLH. In Reply, Defendants advise they no longer seek monetary sanctions but still seek to preclude TLH from using or otherwise relying on the late-produced documents. The Court concludes that granting this Motion would be solely for the purpose of punishment and would therefore be unnecessary and inappropriate. See, ...
2018.8.13 Motion for Leave to File Complaint 205
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.13
Excerpt: ...ranted (CRC 3.1112(a).). Indeed, the court may treat the failure to provide the memorandum as an admission that the motion is not meritorious and cause for its denial. [CRC 3.1113(a).] A memorandum of points and authorities must accompany every notice of motion except those listed in CRC 3.1114. [CRC 3.1113(a).] The memorandum must be served and filed along with and physically attached to the notice of motion “to the extent practicable.” [CRC...
2018.8.13 Motion for Attorney Fees 123
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.13
Excerpt: ...rein, per Sosinsky v. Grant (1992) 6 Cal App 4th 1548, 1564. The request for judicial notice of “the Laffey Matrix” is denied. After prevailing on his anti-SLAPP motion and Plaintiffs' subsequent unsuccessful appeal, Defendant seeks an award of attorney fees and costs incurred in litigating the appeal. Defendant seeks an amount between $532,602 and $789,692 jointly and severally against Plaintiffs. This represents the actual lodestar amount o...
2018.8.13 Motion to Compel Deposition 831
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.13
Excerpt: ...and reasonably respond in good faith to Defendant's efforts to meet and confer. Dr. Kvitne did not provide the Court a declaration concerning the meet and confer efforts. Accordingly, the Court grants the motion by Defendants Samuel Liu and Jason Liu to Compel third-party treating physician Ronald Kvitne, M.D. to comply with the 5/21/18 deposition subpoena. Dr. Kvitne is ordered to appear for deposition pursuant to the subpoena/deposition notice ...
2018.8.13 Motion to Compel Further Responses, Production 021
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.13
Excerpt: ...sponses to Plaintiff's Demands for Production 4) Motion for Order Compelling Further Responses to Plaintiff's Requests for Admission Plaintiff seeks further responses to the following discovery: form interrogatory numbers 15.1, 16.1-16.3, 16.7, 17.1, and 50.1-50.6; special interrogatory numbers 2-10, 13, and 15-19; request for production numbers 1, and 3-11; request for admission numbers 1- 35. The parties do not dispute that the discovery was se...
2018.8.6 Demurrer, Motion to Strike 655
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.6
Excerpt: ...l.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 complaint set forth the actionable facts relied upon with sufficient precision to infor...
2018.8.6 Demurrer 458
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.6
Excerpt: ...ty) The elements of a negligence cause of action are: (a) a legal duty to use due care; (b) a breach of such legal duty; and (c) the breach as the proximate or legal cause of the resulting injury. Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917. Ha's cross-complaint does not allege what duty Tran owes to her. Demurrer on this ground is sustained with 15 days leave to amend. Claim is premature Tran contends that the action is premature beca...
2018.8.6 Motion for Leave to File Complaint 757
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.6
Excerpt: ... leave to amend a pleading, the moving party must comply with California Rules of Court, Rule 3.1324. California Rules of Court, Rule 3.1324 states in pertinent part: (a) Contents of motion A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are...
2018.8.6 Motion to be Relieved as Counsel 845
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.6
Excerpt: ...2(e).) Mr. Cohen will remain counsel of record for Plaintiff until he files a proof of service indicating that he has served his client with a copy of the signed Order relieving him as counsel. Mr. Cohen will be relieved as counsel of record for Plaintiff effective upon the filing of the proof of service of the signed order upon the client and all parties. (See Cal. Rules of Court, rule 3.1362(e) [“The court may delay the effective date of the ...
2018.8.6 Motion to Compel Answers, Production, to Deem Facts Admitted 190
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.6
Excerpt: ...facts that (1) Defendant's opposition papers indicate that Defendant has by now served responses; and (2) Plaintiff chose not to file a reply either contesting that assertion or asserting that the responses are inadequate. Thus, it appears to the Court that Plaintiff is satisfied that the responses are substantially compliant. The remaining issue is sanctions. The Court was not provided with a Proof of Service showing when the responses were serv...
2018.8.6 Motion to Compel Arbitration 081
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.6
Excerpt: ...etion of the arbitration. The Court finds there is an agreement to arbitrate between the parties that encompasses Plaintiff's claims. That agreement does not contain a clear and unambiguous delegation to the arbitrator of the gateway issue of enforceability, so the Court will determine whether the agreement is unenforceable for unconscionability. For a gateway delegation clause to be effective, the language of the clause must be clear and unmista...
2018.8.6 Motion to Compel Deposition 831
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.8.6
Excerpt: ... meet and confer declaration under Section 2016.040." CCP § 2016.040 states that "[a] meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion." Here, Defense Counsel received a message from Dr. Kvitne's assistant indicating he was not available on June 8, 2018 as noticed in the deposition subpoena. But there is no indication o...
2018.7.30 Motion for Sanctions 853
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.7.30
Excerpt: ...tions or tactics in judicial arbitration proceedings (CCP § 128.5(a)). As a practical matter, any conduct in the course of litigation (other than in connection with “disclosures and discovery requests, responses, objections and motions”) may be sanctionable if the court finds it to be “frivolous” or “solely intended to cause unnecessary delay.” [See CCP § 128.5(a); Ellis v. Roshei Corp. (1983) 143 CA3d 642, 649.] Here, Defendant has...
2018.7.30 Motion for Protective Order 785
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.7.30
Excerpt: ...ss-complainant Aerojet Rocketdyne, Inc's unopposed Motion for Protective Order is granted. A person to whom a demand for inspection has been directed “may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration.” Code Civ. Proc. § 2031.060(a). “The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassme...
2018.7.30 Motion to Strike 422
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.7.30
Excerpt: ... from Defendants' tow vehicle, the vehicle was being operated by TIMOTHY P. ABELE, who at the time was acting in the course and scope of his employment with O.C. TOWING." Granted in part and denied in part as to Item 8, which seeks to strike Pages 8 and 9, paragraph 17 In its entirety. Granted as to the first sentence of Paragraph 17: “Once Supervisor Auley learned on December 16, 2016 that the SUBJECT VEHICLE hit the metal tow dolly and there ...
2018.7.30 Motion to Compel Deposition 324
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.7.30
Excerpt: ... action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice.” Code Civ. Proc. § 2025.450(a). Pursuant...
2018.7.30 Motion to Dismiss, for Preferential Trial Setting 286
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.7.30
Excerpt: ... it addresses and rules on it as such. Although Defendant refers to lack of subject matter jurisdiction in the title of the motion, it does not make any argument to support this. Nor has Defendant properly brought, or supported, a demurrer. Code Civ. Proc. § 418.10(a) provides that: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice...
2018.7.30 Motion to Seal Records 904
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.7.30
Excerpt: ... filed redacted versions of these documents and also unredacted versions conditionally under seal, with a notice of lodging. Pursuant to CRC, Rule 2.550(a)(3), the sealed records rules “do not apply to discovery motions and records filed or lodged in connection with discovery motions or proceedings.” See Mercury Interactive Corp. v. Klein (2007) 158 Cal.App.4th 60, 101. The opposition to the motion to quash refers to information obtained duri...
2018.6.25 Motion to Appoint Receiver, Compel Arbitration, Quash Service of Summons 852
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.25
Excerpt: ...on provision is solely a judicial function unless it turns upon the credibility of extrinsic evidence. Gravillis v. Coldwell Banker Residential Brokerage Company (2006) 143 Cal. App. 4 th 761, 771. The basic goal of contract interpretation is to give effect to the parties' mutual intent at the time of contracting. Mitri v. Arnel Management Co. (2007) 157 Cal. App. 4 that 1170 (citation omitted). The words of a contract are to be understood in the...
2018.6.25 Motion to Compel Further Responses, Production 380
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.25
Excerpt: ...in 20 days. Defendant must also pay Plaintiff the sum of $75 (the cost Plaintiff incurred to file this Motion) within 20 days. Defendant argues that Plaintiff failed to meet and confer adequately on any of these three motions. The Court disagrees. The parties exchanged several emails/letters setting forth their positions. At that point, based on the perspective of a reasonable person in the position of the discovering party, additional effort was...
2018.6.18 Demurrer 279
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.18
Excerpt: ...swers. Timeliness of Demurrer Plaintiff can demur to defendants' answer(s), but has only 10 days following service of the answer within which to do so, unless extended by stipulation or court order. (CCP § 430.40(b).) Here, even though the Answers were filed on 3/26/18 and 3/28/18, the Proofs of Service for each of them states that both were served on 3/23/18 by mail. If this is true, and is it presumed accurate, then any demurrer to the answer ...
2018.6.18 Motion to File Under Seal, to Strike 288
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.18
Excerpt: ...urt's ruling. Although the Court recognizes that the Motion is untimely as to some of the defendants, the Court affirmatively exercises its discretion to consider the Motion as to all defendants, given the fact that the individual defendants are similarly situated and distinguishing between the “timely” and “untimely” defendants would serve no purpose. Section 425.16 of the Code of Civil Procedure permits a special motion to strike Strate...
2018.6.18 Demurrer, Motion to Strike 070
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.18
Excerpt: ...endant Plan B Squared LLC or taxing Item 1 and Item 4 The Court GRANTS the Motion as to all costs sought except the initial appearance fee of $435. Except as otherwise expressly provided by statute, a prevailing party is entitled, as a matter of right, to recover costs in any action or proceeding. Code Civ. Proc. § 1032(b). A “prevailing party” includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered...
2018.6.18 Demurrer, Motion to Strike 977
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.18
Excerpt: ...attery (an intentional tort). “Our high court has made it clear that battery and lack of informed consent are separate causes of action. A claim based on lack of informed consent—which sounds in negligence— arises when the doctor performs a procedure without first adequately disclosing the risks and alternatives. In contrast, a battery is an intentional tort that occurs when a doctor performs a procedure without obtaining any consent.” (S...
2018.6.18 Demurrer, Motion to Strike, for SLAPP, to File Under Seal 059
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.18
Excerpt: ... Defendants Dale Cheema and Robert Woodings, since the instant demurrer and motion to strike by Defendant Katz “assert the same arguments as to the same allegations.” See Statement of Defendant Barry Katz, filed 6/5/2018. Accordingly, the Court rules as follows on Motions #1 and #2: Demurrer to Complaint Defendant demurs to all claims on the ground that “[n]o board members have taken any individual actions that could be considered improper,...
2018.6.18 Motion to Disqualify Referee 839
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.18
Excerpt: ... the proceeding or if for any reason a person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial. Code Civ. Proc. §§ 170.1(a)(3)(A), (a)(6)(A)(iii) and 170.3(a). To obtain such disqualification, a party may file a written verified statement objecting to the hearing before such judge and setting forth the facts constituting the ground for disqualification. Code Civ. Proc. § 170.3(c)(1). The challe...
2018.6.18 Motion to Enforce Settlement 246
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.18
Excerpt: ...rzeler, their attorney of record served and filed substitutions of attorney. Moreover, FemtoMetrix improperly submitted new evidence with its reply, which means Plaintiff has not had an opportunity to respond to it. For all these reasons, the hearing on the motion must be continued. FemtoMetrix shall serve a copy of the moving papers and reply papers on all parties and submit a proof of service to the Court showing such service no later than 6/28...
2018.6.18 Motion to Enforce Settlement 291
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.18
Excerpt: ...ctive Services, Inc. (collectively, “Defendants”) attended a Mandatory Settlement Conference with Honorable Mitchell Samuelson on March 23, 2018 and reached a settlement. The settlement was placed on the record, as evidenced by the Reporter's Transcript attached as Exhibit 1 Moving Papers. The terms of the settlement are as follows:  Defendants/Cross Complaints: Action Contracting Services, Inc.; Dawnette Hanson; Joshua Hanson; and Robert ...
2018.6.18 OSC Re Preliminary Injunction 610
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.18
Excerpt: ...sion to advance Crowell's parole suitability hearing, was at the time of the decision a Deputy Commissioner. See Declaration of Jennifer Shaffer. Petitioners do not dispute this evidence or contest that Lam had authority to do whatever a Deputy Commissioner properly could do. But that does not end the inquiry. The question then becomes whether Petitioners have shown they have a likelihood of prevailing on the merits of their claims on the ground ...
2018.6.4 Motion for Partial Judgment 249
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.4
Excerpt: ... finding. See Reply Brief at 7 (“There is no evidence on this record showing that defendant lacked the requisite honesty of belief in the dispute between it and plaintiff.”). Patriot contends that uncontroverted evidence shows that its employee, Richard Wolfinger, subjectively held an honest belief, in good faith, that C.L. Concrete owed Patriot a credit. Defendant's Notice of Intent identifies the grounds for the intended motion as follows: ...
2018.6.4 Petition to Vacate Final Arbitration Award 855
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.4
Excerpt: ...oncludes this is not a petition “commencing” a proceeding, and thus, Defendant's opposition to the Petition is timely. The Court notes, however, that even if Plaintiff's position were correct – which would mean Defendant's response was not timely filed – that would not mean that Plaintiff's Petition must be or would be granted. Where a response to a petition commencing a proceeding is untimely, the Court deems admitted only the factual al...
2018.6.4 Motion to Compel Production 529
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.4
Excerpt: ...f notice of this Order. Finally, Defendant is ordered to pay Plaintiff a monetary sanction in the sum of $760 within 30 days of notice of this Order. A party may move for an order compelling responses to a demand for inspection at any time “[i]f a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response.” Code Civ. Proc. § 2031.300(b). By failing to serve timely responses, Plaintiff wa...
2018.6.4 Demurrer 493
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.4
Excerpt: ...suit may be filed on the claim anytime within two years of accrual of the cause of action. Gov. Code § 945.6(a)(2). If notice is given by mail, the notice must be “deposited in the United States post office or a mailbox ... or other similar facility ..., in a sealed envelope, properly addressed, with postage paid. The ... notice shall be deemed to have been presented and received at the time of the deposit.... Proof of mailing may be made in t...
2018.6.4 Motion for Attorney Fees, to Strike or Tax Costs 464
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.4
Excerpt: ...s, Inc. (“BSI”) to strike Defendants' memorandum of costs is granted. Plaintiff's objections to the Nguyen Declaration are sustained as to no. 1, otherwise overruled. Motion #1 – Defendants' Motion for Attorneys' Fees under Civil Code § 3426.4 Civil Code § 3426.4 provides: If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exi...
2018.6.4 Motion for Determination of Good Faith Settlement 033
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.4
Excerpt: ...n, the determination of a “ballpark” amount includes consideration of the possibility that the plaintiff will not prevail – that is, consideration of what a reasonable person could believe the plaintiff would recover at trial. Cahill v. San Diego Gas & Elec. Co. (2011) 194 Cal. App. 4 th 939, 964-65. In Cahill v. San Diego Gas & Elec. Co.(2011) 194 Cal. App. 4 th 939, 967-68, the court disregarded the plaintiff's likely recovery of $5 milli...
2018.6.4 Motion for Leave to File Answer 066
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.4
Excerpt: ...nts Bay Beach Investments, LLC and Welsh-Jaen Living Trust Dated September 18, 2009, who were never served. When the only basis of jurisdiction over a party in a particular case is the party's appearance, a purported appearance by an unauthorized attorney cannot confer such jurisdiction. Neihaus v. Superior Court (1977) 69 Cal.App.3d 340. Thus, the Court strikes the 12/7/17 Answer and orders Defendants JD Property Management, Inc., Gregory P. Wel...
2018.6.4 Motion for Summary Judgment, to Compel Deposition 380
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.6.4
Excerpt: ...quest for Judicial Notice. (The Court notes, however, that it is unnecessary to take judicial notice of the TAC, the Answer to the TAC, and the Notice of Ruling in this action.) Evidentiary Objections The Court rules as follows on Defendants' objections to Plaintiff's Exhibits: Exhibits 5, 6, 11, 15: Sustained Exhibit 23: Overruled in part and sustained in part. Overruled insofar as there is foundation for Burke's assertion that the letter and th...

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