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2018.7.16 Motions to Compel
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.7.16
Excerpt: ...without objections to sets one of the Form Interrogatories, Special Interrogatories, Requests for Production, and Requests for Admission within 30 days of the hearing on these motions. Additionally, HB Worldwide Enterprises is to pay monetary sanctions in the amount of $1,400.00 to Plaintiff, within 10 days of the hearing. Although Defendants attempt to categorize the present matter as a “My Way of the Highway” regarding a previously discusse...
2018.7.16 Motion to Compel Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.7.16
Excerpt: ...ere filed. To the extent they have not already done so, the defendants are ordered to supplement any requests which they have not already. The plaintiffs' requests for $2,500 in monetary sanctions against each defendant is GRANTED. The Defendant Dual Diagnosis is ordered to pay the plaintiffs $2,500 within 20 days of the order. The Defendant Tonmoy Sharma is ordered to pay $2,500 to the plaintiffs within 20 days of the order. The defendant served...
2018.7.16 Motion to Compel
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.7.16
Excerpt: ...nd Iris Van Der Meer. No. 20 is for the personnel file of “Wood” but the parties in this motion treat it as seeking the files of Melanie Brown. The Plaintiff states these are former assistants of defendant Moon. Personnel records are generally protected by the employee's right of privacy. (Rutter Guide, Civil Procedure Before Trial (¶ 8:308) (Rutter Group 2017) (citing Board of Trustees of Leland Stanford Jr. Univ. v. Sup.Ct. (Dong) (1981) 1...
2018.7.16 Motion for Attorney Fees
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.7.16
Excerpt: ...estion now become what is a reasonable amount of attorney fees? In PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, the court explained that: “The reasonable hourly rate is that prevailing in the community for similar work. Id., at 1004; Shaffer v. Superior Court (1995) 33 Cal.App.4th 993, 1002. The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value f...
2018.7.16 Demurrer (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.7.16
Excerpt: ...aint, they are “statements of [a] new matter constituting a defense” under C.C.P. § 431.30(b)(2). As such, they also need to include more than just conclusory statements of the law, and it the burden is on Defendants to properly plead each defense. Cahill Bros. v. Clementina Co., 208 Cal. App. 2d 367, 385 (Ct. App. 1962); Harris v. City of Santa Monica (2013) 56 Cal. 4th 203, 239 [“It has long been held that ‘if the onus of proof is thro...
2018.7.16 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.7.16
Excerpt: ...ed Complaint. Plaintiff may file a second amended complaint within 10 days. Defendant to give notice unless notice is waived. Judicial notice is granted as to the real property records in the Defendant's request for judicial notice. (See Evid. Code § 452(h); Yvanova v. New Century Mortg. Corp. (2016) 62 Cal.4th 919, 924 n.1; Intengan v. BAC Home Loans Servicing LP (2013) 214 Cal.App.4th 1047, 1054-55.) The real property records raise many questi...
2018.6.25 Motion to be Relieved as Counsel
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.25
Excerpt: ..., the moving attorneys must submit a revised Proposed Order form. In Section 6, it should list the names of contact persons or appropriate representatives of the Plaintiff, to whom notices may be served in the future. The Suite number seems to be missing in the address provided (Section 6). Section 3 was completed to reflect personal service of the papers but there is not a proof of service filed to that effect. The document must be corrected and...
2018.6.25 Motion to be Relieved as Counsel (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.25
Excerpt: ..., “If the notice is served on the client by electronic service ... it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address”, as confirmed within last 30 days. The Court does not have a declaration stating the email address where the client was served and its currentness. In the moving declaration filed 6/8/18 (at ¶ 3(b)), attorney Booth seems to describe that the ...
2018.6.25 Motion to Compel Arbitration, Demurrer, to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.25
Excerpt: ...presentation and a common claim as to representations made concerning fees. (See FAC ¶¶ 8-12, 14, 18, 21, 22, 30 and 39.) As Mr. Tayebi has asserted nonarbitrable claims, and there is a risk of conflicting rulings on common issues of law or fact if arbitration is ordered as to Ms. Goudarzi alone, the Court will exercise its discretion under C.C.P. § 1281.2 to deny the motion to compel arbitration at this time. However, this ruling is without p...
2018.6.25 Motion to Enforce Settlement
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.25
Excerpt: ...e any default provisions, or demand requirements when a payment is missed. Thus, no impediment to enforcement is evident. The agreement, however, does provide that disputes relating to the settlement agreement are to be heard in Los Angeles County (see Para 6.4), not Orange County where this action is venued. Forum selection clauses, however, can be waived, so this Court will proceed to the merits. Pursuant to CCP §664.6, if parties to pending l...
2018.6.25 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.25
Excerpt: ...mitations is only permissible where the dates alleged in the complaint show that the action is barred by the statute of limitations. [citation] The running of the statute must appear ‘clearly and affirmatively' from the dates alleged. It is not sufficient that the complaint might be barred.” Roman v. County of Los Angeles (2000) 85 CA4th 316, 324-325. “The statute of limitations accrues when a plaintiff has the right to sue on a cause of ac...
2018.6.25 Application to Seal Documents
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.25
Excerpt: ... from a name), customer contact information, or customer buying patterns. Further, Defendants have not cited any case law that supports that the name(s) of 1-3 clients, without any additional personally identifying information or private financial information, is enough to be considered a “trade secret.” Moving party to give notice. ...
2018.6.18 Motion to Compel Responses, to Deem RFAs Admitted
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.18
Excerpt: ...31.300(a), (b).) Plaintiff here has demonstrated that Form Interrogatories, Set One, and RFPs, Set One were both propounded to Brigley on 3/15/18. (Porter Decl. ¶ 2, Ex. 1.) No responses have been provided. (Id.) A “meet and confer” letter followed, asking for the missing responses, but Plaintiff received no response. (Id. at ¶ 4 Ex. 2.) The Motions are therefore GRANTED. Ms. Brigley is to provide verified responses, without objections, and...
2018.6.18 Motion to Quash or Modify Subpoena
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.18
Excerpt: ...v. Superior Court (2017) 3 Cal.5th 531, 537, 556 n.8, disapproving of Board of Trustees v. Superior Court, 119 Cal.App.3d 516 and Lantz v. Superior Court, 28 Cal.App.4th 1839) (“[these cases] stand for the proposition that whenever discovery of facially private information is sought, the party seeking discovery must demonstrate a ‘compelling state interest' … or ‘compelling need' … they nevertheless are incorrect”).) “[C]orporations...
2018.6.18 Motion to Quash, for Sanctions
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.18
Excerpt: ...tion' of a narrow issue: whether a public agency has an obligation to disclose the records that the petitioner has requested … when a party does seek to compel discovery (or seeks a protective order from a discovery request), the trial court must determine whether the discovery sought is necessary to resolve whether the agency has a duty to disclose, and to additionally consider whether the request is justified given the need for an expeditious...
2018.6.18 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.18
Excerpt: ... summary adjudication of issues, it fails. Under C.C.P. § 437c(f)(1), a party may move for summary adjudication as to one or more causes of action (“COAs”), affirmative defenses, claims for damages, or issues of duty. But summary adjudication shall be granted only if it completely disposes of a COA, affirmative defense, claim for damages, or issue of duty. (McCaskey v. California State Auto. Assn. (2010) 189 Cal.App.4th 947, 975.) None of th...
2018.6.18 Motion to Strike, Application to Appear Pro Hac Vice
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.18
Excerpt: ...how a probability his case will be successful on the merits. Plaintiff, as he was in the very least drawn into a public controversy, is a limited purpose public figure. As such, he needed to demonstrate malice on the part of Defendant, in that defendant “either knew his statement was false or subjectively entertained serious doubt his statement was truthful,” or “with reckless disregard for [the] truth.”” Wynn v. Chanos (N.D. Cal. 2014)...
2018.6.18 Demurrer (3)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.18
Excerpt: ...time wages and the amount of wages owed. As to the 3 rd cause of action for wage statement penalty (Labor Code § 226(a)), plaintiffs failed to plead supporting facts to show that defendant knowingly and intentionally failed to provide plaintiffs with accurate wage statements or sustained a resulting injury (i.e., that plaintiffs were unable to readily ascertain the required information from their wage statements alone.) In addition, this cause o...
2018.6.18 Demurrer (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.18
Excerpt: ...tion, with knowledge that the secret was acquired by improper means, constitutes misappropriation under Civil Code §3426.1. (PMC, Inc. v. Kadisha (2000) 78 Cal.App.4th 1368, 1383.) The Complaint alleges that Alignment was part of a conspiracy to divert patients to Alignment plans, and that each of the Defendants had actual or constructive knowledge of wrongful use. (Complaint ¶¶ 31-39, 42, 45, and Ex. D.) These allegations, taken together, ade...
2018.6.18 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.18
Excerpt: ...y plaintiff. The shortcoming by defendants here is unfortunate, but for the last time this Court will overlook the matter and proceed to the merits. 3rd COA: Intentional Interference With Prospective Economic Advantage – Sustained, 20 days leave to amend To properly plead a cause of action for intentional interference with prospective economic advantage, the pleader must include facts demonstrating: 1. an economic relationship between the plain...
2018.6.18 Application for Admission Pro Hac Vice
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.18
Excerpt: ...):  a resident of California;  regularly employed in California;  engaged in substantial business, professional, or other activities in California. 2. Applicant is associated with a licensed California attorney; 3. Application is verified, and includes (9.40(d)):  applicant's residence and office addresses;  courts to which applicant has been admitted (and when);  evidence that applicant is in good standing, and not currently su...
2018.6.18 Motion to be Determined Prevailing Party, for Attorney Fees and Costs
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.18
Excerpt: ...er to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract. . .shall be entitled to reasonable attorney's fees in addition to other costs. . . . The court, upon notice and motion by a party, shall determine who is the party prevailing on the contract for purposes of this section, whether or not the suit proceeds to final judgment. Except as provided in paragraph (2), the party ...
2018.6.18 Motion to Seal
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.18
Excerpt: ...the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (CRC 2.550(d).) The Court finds that the papers are not sufficient to support the sealing of the complaint. Also, it is unclear if or how the Rules of Court would authorize the Court to “amend” por...
2018.6.18 Motion to Withdraw as Counsel
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.18
Excerpt: ...torney to do his job, including when there is a breakdown in the attorney-client relationship. California Rules of Professional Conduct, Rule 3-700(c); Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1014. If withdrawal is by client consent, the attorney need only submit Judicial Council form MC-050: Substitution of Counsel – Civil. See CCP §284(1). If the attorney does not have the client's consent, he or she must proceed by way of noti...
2018.6.11 Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.11
Excerpt: ...y with all applicable requirements in the future. On the merits, the motion is well-taken. A claim for punitive damages must be supported by specific factual allegations: conclusory characterization of conduct as “intentional, willful and fraudulent” is insufficient to state the claim. (Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872; Civ. Code § 3294.) Here, Plaintiff argues that this standard is met, as the FAC alleges that Defendants k...
2018.6.11 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.11
Excerpt: ...correct this in any amended pleading. Turning to the merits of the demurrer, the Court agrees with argument of Plaintiff that the element of falsity is sufficiently alleged at this time, especially with the addition of the allegation that Plaintiff was not paid the alleged extra compensation that was promised for taking on additional responsibilities and roles. (SAC ¶ 30.) As stated in Tenzer v. Superscope (1985) 39 Cal.3d 18, “...fraudulent i...
2018.6.11 Demurrer (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.11
Excerpt: ...ims is discovered, SUSTAINED on COAs 5 and 9 without leave to amend, and for COAs 6 and 7 is MOOT, as both COAs were abandoned in the SAC. For COA 1, the SAC now asserts that the condition precedent was met. (See SAC at ¶¶ 9 & 13.) Defendants argue that the COA nonetheless fails as the employment offer specifically stated that her employment would be at will. But Plaintiff's employment had not commenced, and Defendants have not established that...
2018.6.11 Motion for Leave to File Complaint
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.11
Excerpt: ...due to the inadvertence, mistake and/or neglect of defense counsel, and as the Cross-Complaint, “asserts a claim. right, or interest in the property. . . which is the subject of the cause brought against [Defendant],” the Court must grant the Motion. There is also no evidence that Defendant did not act in good faith regarding his failure to file the Cross-Complaint. Moving party to give notice. ...
2018.6.11 Motion for Monetary Sanctions, for Terminating Sanctions
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.11
Excerpt: ...wing: 6 hours at $295/hour for the motion, 4 hours to review the opposition and prepare a reply, 3 hours to appear at the hearing and the $60.00 filing fee. Terminating Sanctions If plaintiff has served responses to the outstanding discovery or at the very least appears at the hearing of this motion and provides a specific viable explanation and assurance to the court that he will provide the responses, this motion will be denied. However, if he ...
2018.6.11 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.11
Excerpt: ...ode § 815.2(a). The defendant has established that the cause of action fails as a matter of law because it is based on a duty to require a permit and the defendant has presented uncontroverted evidence that the County required a permit and did not permit the subject event from occurring on County property. The Defendant County of Orange's unopposed request for judicial notice of the following fact and document is granted pursuant to California E...
2018.6.11 Motion to File Amended Answer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.11
Excerpt: ...1) and 576. This discretion, however, is to be exercised liberally in favor of allowing amendments. Howard v. County of San Diego (2010) 184 Cal.App.4 th 1422, 1428; Central Concrete Supply Co v. Bursak (2010) 182 Cal.App.4 th 1092, 1101-1102. Courts may permit amendments at any stage in the proceedings, up to an including trial, so long there is no prejudice to the adverse party. Atkinson v. Elk Corp. (2003) 109 Cal.App.4 th 739, 761. To amend a...
2018.6.11 Motion to Set Aside Default
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.11
Excerpt: ...ilings were rejected by the clerk's office on procedural grounds. On 09/25/17, plaintiffs secured entry of default against Byers, with an amount listed on the default form far in excess of the claimed damages. Default was entered; judgment was not. The Request was mailed to defendant at his putative address. On 10/03/17, defendant Byers again attempted to appear by way of a motion to dismiss. That filing was again rejected by the clerk's office �...
2018.6.11 Motion to Sever Equitable Claims, to Bifurcate Trial
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.11
Excerpt: ...defense of the statute of limitations or an equitable defense that a plaintiff is estopped to raise his claims, has the potential to eliminate any jury trial altogether. (Hoopes v. Dolan (2008) 168 Cal.App.4th 146, 156–157) (Internal citations omitted). Here, it is not shown to be the case and the circumstances don't appear to warrant the same treatment as above. “C & K Engineering's references to the ‘gist' of the action merely express the...
2018.6.4 Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.4
Excerpt: ...4th 12, 21.) If the defendant satisfies the first prong, the burden shifts to the plaintiff to establish a probability of prevailing on the claim (“Prong 2”). (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) Only a claim that satisfies both prongs of the statute - i.e., that arises from protected speech or petitioning and lacks even minimal merit - can be stricken under the anti-SLAPP statute. (Id. at 88-89.) Here, Defendants argue that the n...
2018.6.4 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.4
Excerpt: ...ept related to that account, that she incurred charges on the account which have not been paid, and that the sum now owing is $32,648.70. (UF 1-16; Toomey Decl. ¶¶ 1, 5-11.) The burden thus shifts to Defendant to produce admissible evidence showing a triable issue of fact exists. (C.C.P. § 437c(p)(1).) Defendant failed to file any opposition to the motion, and thus has failed to meet that burden. The motion is therefore granted, in the amount ...
2018.6.4 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.4
Excerpt: ...its, defendants Luigi (the restaurant) and Napiorkowska (business partner) separately demur to the causes of action for assault and battery on the ground that Dahabreh's aberrant behavior was not within the course and scope of any work he might have been performing for the restaurant. Defendants correctly point out that the operative pleading is devoid of any real facts establishing a basis for respondeat superior – particularity because Dahabr...
2018.6.4 Motion for Advance on Indemnification Fees and Costs
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.4
Excerpt: ... of those claims include failure to repay loans, fraud, defamation, misappropriation, and theft. Labor Code §2802(a) provides that “an employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer.” This is not a basis for advancing legal fees, but rather a basis to be reim...
2018.6.4 Motion to Strike (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.4
Excerpt: ...965. However, Defendant issued meaningful 998 offers which the Plaintiffs rejected and the Plaintiffs failed to do better than the offers at the trial. Thus, the issue is whether Defendant may be awarded costs pursuant to CCP §998. The Courts of Appeal are in not in agreement about whether §998 applies in FEHA cases. After reviewing the authorities, this Court finds persuasive the reasoning and rationale of the following cases: (i) Holman v. Al...
2018.6.4 Motion for Change of Venue
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.4
Excerpt: ...rt (1999) 69 Cal. App. 4th 577, 580, citing Nguyen v. Superior Court (1996) 49 Cal.App.4th 1781, 1786–1789. The named plaintiff in the present lawsuit is The People of The State Of California (“The People”). Although the lawsuit was “filed by” the Orange County District Attorney and his Office (“OCDA” together), it is brought on behalf of The People of The State of California. Neither the County of Orange, the OCDA, or any other “...
2018.6.4 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.4
Excerpt: ...”), the claim fails as it is not based on any “protected activity” under FEHA. Under Gov. Code §12940(h), it is unlawful to terminate an employee for opposing any practices forbidden under FEHA. (Dinslage v. City and County of San Francisco (2016) 5 Cal.App.5 th 368, 380-381.) But Plaintiff here is not claiming that any adverse action was taken based on any such conduct. Plaintiff argues that asserting a wage and hour basis for her conduct...
2018.6.4 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.4
Excerpt: ...th 572, 577.) The burden thus shifts to Plaintiff to prove a defense to the arbitration agreement. (Segal v. Silberstein (2007) 156 Cal.App.4th 627, 633; Rosenthal v. Great Western Fin. Securities Corp.(1996) 14 Cal.4 th 394, 413.) A defense is not sufficiently established on this record. The arbitration provision was not hidden in a small font here, was not highly technical, was not in a language that the Plaintiff states she could not read, and...
2018.6.4 Motion to Compel Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.4
Excerpt: ...fs' requests for monetary sanctions is GRANTED. The Defendant Dual Diagnosis Treatment Center, Inc., dba Sovereign Health of California is ordered to pay $1,000 to the plaintiff within 20 days. Authorities: Within 30 days after service of interrogatories, the party to whom the interrogatories are propounded shall serve the original of the response to them on the propounding party. CCP § 2030.260 (a). If a party fails to serve a timely response t...
2018.6.4 Demurrer, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.4
Excerpt: ... 2. Defendants Farah Modarres and Mission Hills Opportunity Fund, LLC's motion for an order striking punitive damages allegations from Plaintiff Amezcua-Moll & Associates PC's First Amended Complaint paragraphs 56, 57, 69, 70, 76, 84, 95, 104 and the Prayer for Relief, paragraph 3 is DENIED. The Defendants' motion to strike the entire Eighth Cause of Action for Intentional Interference with Contractual Relations against Defendant Modarres is GRAN...
2018.6.4 Motion to Permit Filing of Amended Complaint
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.6.4
Excerpt: ...ff's use of the police report is OVERRULLED. Defendant's objection is based solely on Vehicle Code § 20013, which precludes the use of traffic reports as evidence “in any trial . . . .” Nothing in § 20013 precludes the use of the report in connection with a motion to amend. Defendant to give notice. ...
2018.5.14 Motion to Dismiss
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.5.14
Excerpt: ...mended complaint. Code of Civil Procedure section 391.7, subdivision (a) prohibits a vexatious litigant from filing “new litigation in the courts of this state in propria persona without first obtaining leave of the . . . presiding judge of the court where the litigation is proposed to be filed.” There is currently no published decision addressing this specific question. Indeed, the Supreme Court in Shalant v. Girardi (2011) 51 Cal.4th 1164, ...
2018.5.14 Motion to Compel Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.5.14
Excerpt: ...berly J. Manning ¶ 3. No responses have been served. Decl. of Kimberly J. Manning ¶ 4. As such, the defendant is ordered to serve the plaintiff with full and complete responses without objection within 20 days of service of this order. The court finds that the plaintiff reasonably incurred two hours preparing this motion and meeting and conferring regarding the subject discovery. There is no opposition so no review of it or reply brief is neede...
2018.5.14 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.5.14
Excerpt: ...k, Lee Riley, Jerry Lee Merry, and Chris Ngai (together as “Individual Defendants”), it is uncertain as to the Individual Defendants, and from the facts pled, there appears to be a defect in joining the Individual Defendants to this action generally. C.C.P. § 430.10(d)-(f). a) Contract Between Plaintiff and Black Dot A contract, either express or implied, must first exist before it can be breach. “A contract is an agreement to do or not to...
2018.4.9 Request for Judicial Notice
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.4.9
Excerpt: ...rt of and in Opposition to defendants' Christopher K. Jafari and Law Offices of Christopher K. Jafari, Motion to Strike [Anti-SLAPP motion], and arguments contained in the Motion. After full consideration, defendants' Motion to Strike the Complaint pursuant to CCP §425.16 is DENIED. Anti-SLAPP motions are evaluated through a two-step process. Initially, the moving defendant bears the burden of establishing that the challenged allegations or clai...
2018.4.9 Motion to Quash, for Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.4.9
Excerpt: ...described as “give us everything you have on plaintiff.” Plaintiff moved to “quash” the subpoenas – but in truth was really just asking for a protective order narrowing the scope of said subpoenas. The parties were ordered to meet and confer. They have done so. At the heart of the concern lies plaintiff's putative “bad habits.” According to plaintiff, performance evaluations (category 8), investigations (category 9), disciplinary ac...
2018.4.9 Motion to Compel Further Responses (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.4.9
Excerpt: ...ns at issue are Nos. 62-67, 70 and 71. SROGs 62-65 and 70-71 concern communications “to YOU” – which was defined to include defendant Jokar Enterprises Inc. (“Jokar”), “including its managers, employees, and agents.” SROGs 66 and 67 seek identification of documents related to Plaintiffs health issues during her employment. Plaintiff had agreed to somewhat limit the scope in the meet and confer process, but Jokar responded only as to...

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