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2023.05.08 Demurrer, Motion to Strike 893
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.05.08
Excerpt: ...sana L. White (collectively, the "Moving Defendants") to Plaintiffs' First Cause of Action for breach of contract and their Second Cause of Action for fraud. For the reasons set forth below, the Demurrer is SUSTAINED with 15 days leave to amend. Initially, the Court notes that Plaintiffs' opposition was due to be filed on 4/21/23. (Code Civ. Proc., 1005(b).) It was not filed until 4/25/23. (ROA 42.) In addition, the proof of service is deficient ...
2023.05.08 Demurrer, Motion to Strike 397
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.05.08
Excerpt: ...lison, Brandi Lee Callison, Jennifer Negrete, and Levi Sterling Callison, a minor, by and through his Guardian ad Litem, Caleb Callison CROA *23] is SUSTAINED with 15 days leave to amend. (2)Defendant Elizabeth Gothard's demurrer to the fifth cause of action for negligent misrepresentation in Plaintiffs' complaint [ROA #77] is SUSTAINED with 15 days leave to amend. (3)Defendant Jeffrey Gothard's demurrer to the fifth cause of action for negligent...
2023.05.08 Demurrer 877
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.05.08
Excerpt: ...leading a cause of action in a complaint. Thus, the defendant must plead ultimate facts, and when the facts must be pleaded with particularity in a complaint, it is equally necessary to plead them with particularity in an affirmative defense involving the issue. (5 Witkin, California Procedure (6th ed.), Pleading 5 1122; see also FPI Development, Inc. v. Nakashima (1991 231 cal. App. 3d 367, 384.) There are three grounds for a demurrer to an answ...
2023.05.01 Motion to Compel Production 775
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.05.01
Excerpt: ... party who conducted the examination deliver a copy of the written report, the examinations, the findings and results of all tests, any diagnoses, prognoses, and conclusions of the examiner. (Code Civ. Proc., S 2032.610.) These reports are to be delivered within 30 days service of the demand, or within 15 days of trial, whichever is earlier. (Code Civ. Proc., S 2032.610(b).) If the party who examined the plaintiff fails to make a timely delivery ...
2023.05.01 Motion for Summary Judgment, Adjudication 645
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.05.01
Excerpt: ...y judgment on Plaintiff's Complaint and summary judgment on Kharrat's Cross- Complaint. Accordingly, Market is ordered to pay an additional filing fee of $500 within 15 days. Market's Objections Nos. 5 and 6 to Balian's declaration are sustained. "[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...
2023.05.01 Motion for Attorney Fees, OSC Re Dismissal 011
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.05.01
Excerpt: ...the Song-Beverly Act may also recover reasonable attorney fees. Section 1794, subdivision (d) provides: "If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commen...
2023.05.01 Demurrer 705
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.05.01
Excerpt: ...ce may not be taken of any matter unless authorized by law." (ld. at 835.) The Court in Tenet noted that although letters were "referred to in the third amended complaint," judicial notice was nonetheless improper, as the letters did not qualify for judicial notice pursuant to Evidence Code 5451 or Evidence Code 5452. (ld. at 833 and 835.) "A matter ordinarily is subject to judicial notice only if the matter is reasonable beyond dispute." (ld. at...
2023.04.24 OSC Re Contempt 099
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.04.24
Excerpt: ...anctions under CCP section 177.5. (Plaintiff's Notice of Motion also seeks some form of relief under CCP "section 1778," but the Court is unaware of any such statute.) More specifically, Plaintiff's Motion asks the Court to set an OSC re Contempt of the Temporary Restraining Order entered by the Court on January 12, 2023. Thus, the 4/24/2023 hearing on this Motion addresses only Plaintiffs' request for the Court to issue an OSC re Contempt; it is...
2023.04.24 Motion for Summary Judgment, Adjudication 664
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.04.24
Excerpt: ...able Family Trust dated December 2, 1 ggl, as amended and completely restated April 6, Trustee"), moves for an order granting his motion for summary judgment on his Complaint, or, in the alternative, summary adjudication on his first cause of action for breach of note his and second cause of action for breach of guaranty. Legal Standard "[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that t...
2023.04.24 Motion for Judgment on the Pleadings 712
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.04.24
Excerpt: ... • the Fourth Cause of Action for violation of Bus. And Prof. Code 17200. For the reasons set forth below, the Motion for Judgment on the Pleadings (the "Motion") is DENIED as to the First Cause of Action and GRANTED as to the Second, Third, and Fourth Causes of Action. Request for Judicial Notice The Court GRANTS Defendant's request for judicial notice of Exhibits 1 and 4-9 pursuant to Evidence Code sections 452(c) and 452(h). Although the Cou...
2023.04.24 Demurrer, Motion to Strike 249
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.04.24
Excerpt: ...h Demurrer To state a cause of action against a public entity, a plaintiff must plead: (1) a dangerous condition existed on the public property at the time of the injury; (2) the condition proximately caused the injury; (3) the condition created a reasonably foreseeable risk of the kind of injury sustained; and (4) the public entity had actual or constructive notice of the dangerous condition of the property in sufficient time to have taken measu...
2023.04.24 Demurrer 060
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.04.24
Excerpt: ...ourt denies Defendant's request to judicially notice the Court's prior order granting Defendants Motion for Judgment on the Pleadings in this case. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. "CA]II that is necessary is to call the court's attention to such papers." (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) 'l g.53.1a.) The Court can consider...
2023.04.03 Demurrer 659
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.04.03
Excerpt: ... the Unruh Act. "[W]here, as here, statutory remedies are invoked, the facts 'must be pleaded with particularity.' (Covenant Care, supra, 32 Cal.4th at p. 790, 11 Cal. Rptr.3d 222, 86 P.3d 290.)" Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 cal.App.4th 396, 410. Civil Code section 51, the Unruh Act, provides that "all persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion...
2023.04.03 Demurrer, Motion to Strike 642
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.04.03
Excerpt: ...urrer is OVERRULED. Third Cause of Action for Marital Status Discrimination under FEHA "To succeed on a disparate treatment claim at trial, the plaintiff has the initial burden of establishing a prima facie case of discrimination, to wit, a set of circumstances that, if unexplained, permit an inference that it is more likely than not the employer intentionally treated the employee less favorably than others on prohibited grounds. Based on the inh...
2023.04.03 Motion to Compel Arbitration 810
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.04.03
Excerpt: ...y Braking System. Complaint, II 59. In connection with that purchase, Plaintiff alleges he entered into a warranty contract with Nissan. ld. 8. Plaintiff alleges the Vehicle constitutes consumer goods under the Song-Beverly Consumer Warranty Act (the "Act"); Plaintiff is a buyer of consumer goods under the Act; and Defendant Nissan is a manufacturer and/or distributor under the Act. Complaint 64-67. Plaintiff further alleges the Vehicle has defec...
2023.04.03 Motion to Stay Proceedings, to Strike 249
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.04.03
Excerpt: ... The Court notes that Plaintiff filed two Oppositions to the Motion to Stay but no Opposition to Motion to Strike. From this, it appears Plaintiff may have intended to — but inadvertently did not — file and serve his Opposition to the Motion to Strike. Plaintiff shall file and serve his opposition no later than April 7. Defendant's reply shall be filed and served pursuant to the Code of Civil Procedure ("CCP") section 10050). Motion to Stay P...
2023.04.03 Motion to Strike 676
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.04.03
Excerpt: ...express agreement between the parties. (D'Amico v. Board of Medical Examiners (1974) 11 cal.3d 1, 25; code Civ. Proc., SS 1021 and 1717.) Plaintiffs contend they are entitled to fees under the tort of another doctrine. The Court disagrees. The damages recoverable through "tort of another" are often referred to as an exception to the "American Rule," under which litigants are required to pay their own legal fees, absent an agreement to the contrar...
2023.03.27 Motion to Set Aside or Vacate Settlement Agreement and Stipulated Judgment 045
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.27
Excerpt: ...eard and disposed of on their merits"; and because Defendant contends both agreements are unconscionable, oppressive and unlawful. For the reasons set forth below, the Motion is DENIED. As an initial matter, the Court notes that judgment in this case has not yet been entered in favor of Plaintiff Ryan Kim. On 6/29/22, the Court granted Plaintiff's Motion to enter judgment against Defendant under CCP section 664.6 based on the Stipulated Judgment....
2023.03.27 Motion to Compel Arbitration 141
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.27
Excerpt: ..., the Motion is GRANTED; the action is stayed pending conclusion of the arbitration proceedings; and an ADR Review hearing is set for October 30, 2023, at 9:00 a.m. in Department C31. Section 1281.2 of the Code of Civil Procedure CCCP") provides, inter alia: "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, th...
2023.03.27 Demurrer, Motion to Strike 820
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.27
Excerpt: ...rety. B. Demurrer The Court sustains Defendants' Demurrer to the first and third causes of action — for negligence and false imprisonment - in Plaintiff's Complaint. The Demurrer is overruled as to the second cause of action for battery. As an initial matter, Plaintiff filed her Opposition brief just four court days before the hearing. This violates Code of Civil Procedure CCCP") section1005(b), which provides that all opposition papers "shall ...
2023.03.27 Demurrer 746
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.27
Excerpt: ...ing six causes of action against Defendant: 1) Breach of Declaration, 2) Violation of Civil Code S4775(a), 3) Violation of the covenant of good faith and fair dealing, 4) Breach of fiduciary duty, 5) Negligence, and 6) Declaratory relief. At issue on this Demurrer are the Third through Sixth causes of action. Plaintiff alleges she owns property within the Association. Complaint YIYI, 2. Defendant and Plaintiff "are subject to a certain First Amen...
2023.03.27 Demurrer 329
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.27
Excerpt: ...he demurrer for uncertainty is overruled. First Cause of Action for breach of partnership aqreement The elements of a cause of action for breach of a partnership agreement are: (1) the partnership agreement; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) the resulting damages to plaintiff. (Jones v. Goodman (2020) 57 cal.App.5th 521, 527, fn. 2.) In general, "the association of two or more persons to car...
2023.03.20 OSC Re Preliminary Injunction 099
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.20
Excerpt: ... re Preliminary Injunction and Temporary Restraining order. ROA # 22. The Court GRANTS Plaintiffs' Motion for Preliminary Injunction to the extent set forth below. Plaintiffs' unnumbered evidentiary objections are all overruled. Legal Standard Code of Civil Procedure ("CCP") section 526(a)(3) provides that an injunction may be granted "Cw]hen it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, ...
2023.03.20 Demurrer, Motion to Strike 820
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.20
Excerpt: ...tains Defendants' Demurrer to the first and third causes of action — for negligence and false imprisonment - in Plaintiff's Complaint. The Demurrer is overruled as to the second cause of action for battery. As an initial matter, Plaintiff filed her Opposition brief just four court days before the hearing. This violates Code of Civil Procedure CCCP") section1005(b), which provides that all opposition papers "shall be filed with the court and a c...
2023.03.20 Demurrer to Amended Complaint 452
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.20
Excerpt: ...r presents an issue of 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 which are judicially noticeable under Evidence Code 451 or 452. Although California courts take a liberal view of inartfully drawn co...
2023.03.13 Motion for Summary Judgment, Adjudication 089
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.13
Excerpt: ...mproper. Written objections must be served and filed separately from papers supporting or opposing the motion. (CRC 3.1354(b). Accordingly, the Court declines to consider any of Plaintiffs' purported objections. Hodjat v. State Farm Mut. Auto. Ins. Co. (2012) 211 Cal.App.4th 1, 8-9, (court did not abuse its discretion in refusing to consider objections not filed separately as required by rule.) Defendant filed evidentiary objections with its Repl...
2023.03.13 Motion to Quash Subpoena 470
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.13
Excerpt: ...keeping services (Comp., ¶21); (2) Crowell Industries, Inc. invested $4,000,000 in Tritec Americas (Comp., ¶ 21); (3) the Crowell Entities (or one/some of them) obtained $55,000,000 in loans from TriState Capital Bank (Comp., ¶ 21); and (4) Plaintiff sought to review the Crowell Entities books, records and documents, but they were withheld from Plaintiff (Comp., ¶¶ 22, 24). On or about 10/21/22, Plaintiff served a business records subpoena o...
2023.03.13 Motion to Compel Arbitration 277
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.13
Excerpt: ...Arbitration and Stay Action is granted. This is a “lemon law” case arising out of Plaintiff's purchase, on or about February 15, 2014, of a 2014 Dodge Ram 3500 Chrysler Pacifica, vehicle identification number 3C63R3JL5EG108931 (the “Vehicle”). Plaintiff alleges his Vehicle was “manufactured and or distributed by Defendant FCA.” Complaint ¶ 10. In connection with that purchase, Plaintiff alleges he entered into a warranty contract wit...
2023.03.13 Motion to Compel Arbitration 231
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.13
Excerpt: ...intiffs allege they entered into a warranty contract with FCA. Id. Plaintiffs allege the Vehicle constitutes consumer goods under the Song-Beverly Consumer Warranty Act (the “Act”); Plaintiffs are buyers of consumer goods under the Act; and Defendant FCA is a manufacturer and/or distributor under the Act. Complaint ¶ 10. Plaintiffs allege the Vehicle has defects and nonconformities to warranty, which manifested during the warranty period; th...
2023.03.06 Petition to Confirm Arbitration Award, Motion to Vacate 937
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.06
Excerpt: ... to Confirm the final arbitration award issued by the arbitrator on 10/7/22. [ROA #160, referred to hereafter as “Petition to Confirm”]. However, it appears Defendants' Petition to Confirm may have been filed prematurely, fewer than 10 days after the final award was served. Code Civ. Proc. § 1288.4. The Court will hear from Defendants at the hearing regarding the date on which the final arbitration award was served, and whether Defendants' P...
2023.03.06 Demurrer 977
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.03.06
Excerpt: ...ULED. A demurrer presents an issue of 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...
2023.02.27 Motion to Compel Production 127
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.27
Excerpt: ...o. 2: Defendant's response is not Code Compliant. Defendant shall provide a further, fully-Code compliant response within 20 days. If Defendant is attempting to convey that it has no documents supporting any of its affirmative defenses, it must say so; it may not avoid responding as the Code requires by suggesting that its assertion of defenses was just “a precaution.” Request No. 3: Motion denied. Defendant's response says it will “comply ...
2023.02.27 Demurrer 470
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.27
Excerpt: ...st that Harry Crowell filed in Orange County Superior Court, probate division, case no. 2022-01279223. [ROA #54, Ex. A.] Both requests are granted. The Court takes judicial notice of the existence and legal effect of these documents. However, judicial notice does not include taking the contents of the documents as true. Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal. App. 4 th 987, 881-87 (and cases cited there) (ov...
2023.02.27 Demurrer, Motion to Strike 363
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.27
Excerpt: ...tiffs Michael Doutt and Amber Kriens-Doutt (collectively, “Plaintiffs”). Seller's Agents also move to strike the punitive damages allegations and the prayer for punitive damages and attorneys' fees from Plaintiffs' Fourth Amended Complaint (“4thAC”). As an initial matter, the Court notes that Plaintiffs untimely served (on 2/13/2023) and filed (on 2/14/2023) their oppositions to Seller's Agents' demurrer and motion to strike. (Code Civ. P...
2023.02.27 Motion to Compel Arbitration 460
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.27
Excerpt: ...TED; TRF's Motion is DENIED. Before turning to the merits of the Motion, the Court notes that Plaintiffs' opposition to the Motion was extremely untimely. It was filed on January 23, 2023 – the date on which the Motion originally was scheduled to be heard (although Defendants state it was not served until the next day, January 24, 2023). The Opposition makes no effort to explain the lateness of the filing or seek relief from the tardy filing. O...
2023.02.27 Motion to Compel Arbitration 187
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.27
Excerpt: ...his case. “[A]ll that is necessary 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.) The request is granted as to the Notice of Entry of Dismissal filed in Sacramento Superior Court on 2/11/16 in the matter of Dina C. Felisilda, et al, v. FCA US LLC, et al. (34-2015-00183668. Plaintiff filed this “lemon law” action against Defendant alleg...
2023.02.27 Motion to Compel Production 351
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.27
Excerpt: ...cally, the Court asked for further briefing on: (1) Defendant's argument that the FERPA provision allowing records to be disclosed “to comply with a judicial order” applies only to a judicial order issued by a federal court, not a state court; and (2) Defendant's argument that redacting records subject to FERPA to eliminate all students' personally-identifying information is not feasible because, to comply with FERPA, literally all of the inf...
2023.02.27 Motion to Quash Subpoena 466
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.27
Excerpt: ... to “Felicia Macyyszyn: Innovus Consulting Group.” For the reasons set forth below, the Motion is GRANTED as to both subpoenas. The recipient of both subpoenas is Felicia Macyszyn (“Mrs. Macyszyn”). She is not a party to the action, a percipient witness, or a retained expert. She is the wife of Defendant's retained medical expert, Dr. Luke Macyszyn (“Dr. Macyszyn”). Dr. Macyszyn was retained by Defendant to review Plaintiff's medical ...
2023.02.27 Motion to Seal 475
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.27
Excerpt: ... properly served. Defendant only served Plaintiffs' counsel and one Co-Defendant, Ali Tabatabai, with this Motion. Defendant The Covington was required serve all parties that have appeared in this action at the time of the filing of the Motion. (CCP §1010.) Defendant Nimish R. Kadakia, MD (Doe 1) first appeared in this case on 5/18/23, well before this Motion to Seal was filed. Kenneth Lynn, MD (Doe 2) first appeared in this case on 5/31/22, wel...
2023.02.27 OSC Re Preliminary Injunction 099
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.27
Excerpt: ...r originally was heard on January 30, 2023, but based on the parties' stipulation at the hearing – and their agreement that the TRO would continue to remain in effect until the Court ruled on the OSC re preliminary injunction) – the Court continued the hearing to February 27, 2023. See ROA #67. The Court grants the Motion to the extent set forth below. Plaintiffs' unnumbered evidentiary objections are all overruled. Legal Standard Code of Civ...
2023.02.27 Petition to Compel Arbitration 636
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.27
Excerpt: ...order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exist…” "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.” (Engalla v. Permanente Medical Group, Inc...
2023.02.06 Motion for Preliminary Injunction 419
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.06
Excerpt: ...upervise compliance with the statutory mandates.” For the reason set forth below, the Motion for Preliminary Injunction is denied. Requests for Judicial Notice Petitioner's Requests for Judicial Notice: The Court denies Petitioners' request for judicial notice in support of the moving papers. None of these documents are relevant based on the allegations of the Petition, which puts at issue post-2020 conduct, a change of administration at the OC...
2023.02.06 Motion for Leave to File Amended Complaint, for Protective Order, to Quash Discovery Subpoena, to Strike 292
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.06
Excerpt: ...ursuant to CCP section 426.50 and 428.50(c). Defendants are ordered to separately file and serve their Proposed Cross-Complaint within 10 days-notice of this order. Additionally, the parties are ordered to appear at this hearing prepared to discuss the upcoming trial date and whether a continuance is necessary or appropriate. As an initial mater, review of the relevant complaints demonstrates that the cross-claims asserted against Plaintiff Wenqi...
2023.02.06 Demurrers 636
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.06
Excerpt: ...'s Complaint [ROA #28] is SUSTAINED with 21 days leave to amend. The unopposed general and special Demurrer of Defendants Erik Messinger and Golden Ticket Real Estate, Inc. dba. Keller Williams Realty to Plaintiff's Complaint [ROA #35] is SUSTAINED with 21 days leave to amend. The demurrers and supporting briefs are essentially the same. Each of the demurring Defendants argues that Plaintiff fails to state a quiet title claim against him/her/it b...
2023.02.06 Demurrer 452
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.02.06
Excerpt: ... 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 sections 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 defen...
2023.01.30 OSC Re Preliminary Injunction 099
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.01.30
Excerpt: ...grants the Motion to the extent set forth below. Plaintiffs' unnumbered evidentiary objections are all overruled. Legal Standard Code of Civil Procedure (“CCP”) section 526(a)(3) provides that an injunction may be granted “[w]hen it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action r...
2023.01.30 Motion to Compel Production, Quash Discovery Subpoena 292
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.01.30
Excerpt: ...rder. Defendants' request for sanctions is DENIED. Initially, the instant motion cites only to CCP §2031 and CCP §2023, statutes which were repealed nearly 20 years ago, on July 1, 2005. Given the inclusion of only outdated citations, Defendants' intentions are less than crystal clear. The Court was initially inclined to interpret this motion as a motion to compel compliance, brought pursuant to CCP §2031.320, given the notice of motion seeks ...
2023.01.30 Motion for Leave to File Amended Complaint, for Summary Judgment, Adjudication 374
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.01.30
Excerpt: ... an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact…” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4 th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) A defendant seeking summary judgment meets the burden of showing that a cause of action has no merit by showing that one or more elements o...
2023.01.30 Demurrer 068
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.01.30
Excerpt: ...efendants later attempt to remedy this defect in their reply. Additionally, the opposition filed and served by Plaintiff, on 1/18/23, (ROA 57), was untimely. (Code Civ. Proc., § 1005, subd. (b).) There is also nothing in the record that confirms Defendants, as self-represented litigants, may be served by electronic means. (Cal. R. Ct. Rule 2.251, subd. (c)(3)(B).) Further, Defendants deny that any such documents were received by electronic servi...
2023.01.09 Motion to Consolidate, to Compel Arbitration 636
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2023.01.09
Excerpt: ...of each month, and will continue until the conclusion of the action. This action (Case No. 2022- 01275636) shall be designated the lead case. Additionally, pursuant to CRC 3.350(c), Plaintiff is ordered to file this order in Case No. 2022- 01274239. When there are actions involving common questions of law or fact pending, a court may order a joint trial of any or all of the matters in issue in the actions or may order all the actions consolidated...

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