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2020.03.16 Demurrers
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.03.16
Excerpt: ...l meet and confer in compliance with §430.41(a). Defendant to give notice. 1st COA: Demurrers are sustained. The nature of the relation between the mobilehome owner and the park owner, or the prospective homeowner and the park owner, is one of landlord tenant, or landlord and prospective tenant. (See Civ. Code § 798.2, .4, .8, .9; Cacho v. Boudreau (2007) 40 Cal.4th 341, 349; Bevis v. Terrace View Partners, LP (2019) 33 Cal.App.5th 230, 249-51....
2020.03.16 Demurrer (3)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.03.16
Excerpt: ...ely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. Day v. Sharp (1975) 50 Cal.3d 904, 914; Sosinsky ...
2020.03.09 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.03.09
Excerpt: ...l., Neglig., ¶5 and 6 and ¶ PremL-1 and 2.) “If an unsafe condition of the property is so obvious that a person could reasonably be expected to observe it, then the [owner/lessor…/one who controls the property] does not have to warn others about the dangerous condition. However, the [owner/lessor/…/one who controls the property] still must use reasonable care to protect against the risk of harm if it is foreseeable that the condition may ...
2020.03.09 Demurrer (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.03.09
Excerpt: ...ficient to constitute a cause of action (CCP § 430.10(e)) and they are each uncertain, ambiguous, and unintelligible (CCP § 430.10(f)). A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegati...
2020.03.09 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.03.09
Excerpt: ...e explained…”); accord Kenworthy v. Brown (1967) 248 Cal.App.2d 298, 302.) Under CCP § 340.5, a shorter one-year statute of limitations applies to bring an action for injury against a health care provider based on professional negligence. In laymen's terms, a plaintiff discovers a cause of action when he reasonably should suspect that “someone has done something wrong' to him [citation], ‘wrong' being used, not in any technical sense, bu...
2020.02.10 Petition to Compel Compliance with Investigative Requests
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.02.10
Excerpt: ...ractices made unlawful by Gov't Code § 12940. Gov't Code §§ 12920 and 12930(f). Gov't Code § 12940, among other things, prohibits an employer from refusing to hire or employ an employee on the basis of “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military an...
2020.02.10 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.02.10
Excerpt: ...l for evaluation. She was seen and discharged home. Three days later, plaintiff returned to the defendant hospital with unresolved complaints of nausea, vomiting, headaches and elevated blood pressure. Fetal monitoring strips confirmed the presence of contractions. Plaintiff was again sent home. She returned later that evening, and was differentially diagnosed as experiencing deep variable decelerations with the baby displaying an agonal heart ra...
2020.02.03 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.02.03
Excerpt: ... (See Civ. Code § 3345 and Compl. ¶ 50 and Prayer ¶5.) The arbitration provision eliminates the Plaintiffs' statutory right to claim attorney fees under the Elder Abuse Act. (See Welf. & inst. Code § 15657.5; see Compl. at Prayer ¶ 7, praying for attorney fees).) But an arbitration agreement “may not limit statutorily imposed remedies such as punitive damages and attorney fees….” (Armendariz v. Foundation Health Psychcare Services, Inc...
2020.02.03 Motion for Assignment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.02.03
Excerpt: ...itioned on future developments.” The statute provides a nonexclusive list of types of payments potentially subject to an assignment order, including wages, rents, commissions, and royalties. Greenbaum v. Islamic Republic of Iran, 782 F.Supp.2d 893, 895 (C.D. Cal. 2008). As explained in the Legislative history: “Section 708.510 provides a new procedure for reaching certain forms of property that cannot be reached by levy under a writ of execut...
2020.02.03 Demurrers, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.02.03
Excerpt: ... promise,” in order to recover tort damages); Aas v. Superior Court (2000) 24 Cal.4th 627, 632; KB Home v. Superior Court (2003) 112 Cal.App.4th 1076, 1088 (“whether the economic loss rule applies depends on whether property damage… has occurred rather than on the possible gravity of damages that have not yet occurred”).) With regarding to misrepresentation theories, “[i]n California, fraud must be pled specifically; general and conclus...
2020.02.03 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.02.03
Excerpt: ...ould have known of the alleged misconduct. (See CACI 426, Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 591, and Phillips v. TLC Plumbing, Inc. (2009) 172 Cal.App.4th 1133, 1139.) Here, the only allegations as to Group are cursory and conclusory. (See FAC at ¶¶ 11, 26 and 49-52.) No facts are alleged to state how or why Group was allegedly negligent in hiring, supervising or retaining Dr. Trivedi. The D...
2020.01.06 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.01.06
Excerpt: ... the alternative, for summary adjudication on each cause of action, based solely on the primary assumption of risk doctrine. Primary assumption of the risk arises when a plaintiff voluntarily participates in a sport or “other activities involving an inherent risk of injury [ ] where the risk cannot be eliminated without altering the fundamental nature of the activity.” (Beninati v. Black Rock City, LLC (2009) 175 Cal. App. 4th 650, 658, inter...
2020.01.06 Motion to Compel Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.01.06
Excerpt: ...r as it was served by Plaintiff herself, Defendants appear to have received the responses and did not make an issue of the improper proof of service in their reply. This motion was filed and served after the date of service of Plaintiffs responses and is based on CCP §2030.290, which would have been proper if no responses had been served. As responses were served before the present motion was filed, the present motion is moot as argued. If Defen...
2019.9.23 Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2019.9.23
Excerpt: ...each of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. . . . (c) As used in this section, the following definitions shall apply: . . . (2) “Oppression” means despicable conduct that subjects a person...
2019.9.23 Motion to Set Aside Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2019.9.23
Excerpt: ...e, surprise, or excusable neglect. CCP § 473(b); .” Dominquez v. Butte Cty., 241 Cal. App. 2d 164, 167 (Ct. App. 1966). In certain instances, the six-month time limit may be “extended” if the default was entered through extrinsic fraud or extrinsic mistake. Sporn v. Home Depot USA, Inc. (2005) 126 Cal. App. 4th 1294, 1300-01; Kulchar v. Kulchar (1969) 1 Cal. 3d 467, 471-72. In the present matter, as Defendants did not file their Motion unt...
2019.9.23 Motion to Quash
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2019.9.23
Excerpt: ...for trial and/or facilitating resolution. Children's Hospital Central California v. Blue Cross of California (2014) 226 Cal.App.4 th 1260, 1276- 1277; in accord, Dodge, Warren & Peters Ins. Services, Inc. v. Riley (2003) 105 Cal.App.4 th 1414, 1420. Neither relevance nor admissibility are the test. Maldonado v. Superior Court (2002) 94 Cal.App.4 th 1390, 1397. As it relates to personal matters, though, some limits apply. See Calif. Const. Art. 1,...
2019.9.23 Motion to be Relieved as Counsel, to Deem Truth of Matters
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2019.9.23
Excerpt: ...of the relationship between attorney and the client that precludes continued representation. The Motion of Attorney Greer to be relieved from representing Plaintiff Darling therefore is properly GRANTED. (See Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1014, “To protect the best interests of the client, a trial court should have broad discretion in allowing attorneys to withdraw. In the case at bar, the court granted appellants' motio...
2019.9.23 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2019.9.23
Excerpt: ...ment, a moving defendant must “present evidence that would require such a trier of fact not to find any underlying material fact more likely than not….” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 845, emphasis added.) The court must ‘consider all of the evidence and all of “the inferences reasonably drawn therefrom…. and must view such evidence….in the light most favorable to the opposing party.” (Id. at 843, 844-45...
2019.9.23 Motion for Directed Verdict, for Leave to Amend, for Appointment of Receiver, for Judgment on the Pleadings, to Intervene
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2019.9.23
Excerpt: ...s extent there is no request to enter a judgment that differs from the verdict. In fact, that finding is not being challenged. Motion For Leave to Amend to Add Claim for Dissolution of Partnership– DENIED Just after the reading of the verdict, counsel for plaintiff made an oral motion in court for dissolution and/or leave to amend the operative complaint. In denying this motion, the Court is not finding that that Plaintiff is barred from seekin...
2019.9.9 Standard for Preliminary Injunction
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2019.9.9
Excerpt: ... support the issuance of a preliminary injunction. O'Connell v. Superior Ct. (2006) 141 Cal.App.4th 1452, 1481 “The ultimate goal of any test to be used in deciding whether a preliminary injunction should issue is to minimize the harm which an erroneous interim decision may cause.” White v. Davis (2003) 30 Cal.4 th 528, 554 Has Jones shown she will prevail on any of her COAs? No Jones does not dispute that she owes the HOA money. In fact, one...
2019.9.9 Motion to Strike Punitive Damages
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2019.9.9
Excerpt: ...that absent an intent to injure the plaintiff, ‘malice' requires more than a ‘willful and conscious' disregard of the plaintiffs' interests. The additional component of ‘despicable conduct' must be found.” (College Hospital Inc., 8 Cal.4th 704, 725; see Johnson & Johnson Talcum Powder Cases (2019) 37 Cal.App.5th 292, 332, review filed (Aug. 9, 2019).) “'[D]espicable conduct' is conduct that is “‘so vile, base, contemptible, miserabl...
2019.9.9 Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2019.9.9
Excerpt: ...e with all statutory requirements will be expected. On the merits, the motion asserts that the late fees claimed in the Complaint are void and unenforceable as a matter of law, based on Civil Code §1671 and cases applying that statute. However, unless another statute applies or the contract is a consumer contract or lease, under §1671(b) a liquidated damages provision is presumed valid, and the burden is on the party claiming contra to establis...
2019.9.9 Demurrer, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2019.9.9
Excerpt: ...not given leave to amend their 2 nd cause of action for Fraud – False Promise and 4 th cause of action for Civil Conspiracy, as these were entirely new causes of action that were added to the FAC without prior permission of the Court, which is not permitted. Harris v. Wachovia Mortg., FSB (2010) 185 Cal. App. 4th 1018, 1022-23. The 1 st and 3 rd causes of action are based in fraud. “In California, fraud must be pled specifically; general and ...
2019.9.9 Demurrer (3)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2019.9.9
Excerpt: ...where the risk cannot be eliminated without altering the fundamental nature of the activity.” (Beninati v. Black Rock City, LLC (2009) 175 Cal. App. 4th 650, 658, internal citation omitted; see Knight v. Jewett (1992) 3 Cal.4th 296, 314-315; Nalwa v. Cedar Fair, L.P. (2012) 55 Cal.4th 1148, 1152, 1155-1159.) However, the doctrine of primary assumption of the risk “does not grant unbridled legal immunity to all defendants.” (Campbell v. Dery...
2019.9.9 Application to Compel Physical Exam
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2019.9.9
Excerpt: ...expenses and costs to the examinee for travel to the place of examination. Here, good cause is shown. Defendants may reasonably request that the IME be conducted by a physician within a reasonable distance of the venue for trial, to ensure access to the examining physician for trial and to control costs for such physician's attendance. Plaintiff has not shown that any undue burden will result if the requested relief is granted. Citations to worke...

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