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2024.01.22 Motion for Costs
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.01.22
Excerpt: ...ates: "If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under this chapter, and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including...
2024.01.22 Demurrers, Motions to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.01.22
Excerpt: ...d Motion to Strike Dr. Raney is correct that the complaint is uncertain. (Code Civ. Proc., S 430.10(f).) The caption of the complaint lists causes of achon for Wrongful Death and Survival Acton, Medical Negligence, and Medical Malpractice. However, the body of the complaint contains causes of action (Counts I-III) for Negligence-Medical Malpractice, Negligence- Medical Malpractice, and Negligence/Medical Malpractice/Respondeat Superior/Agency. Mo...
2024.01.22 Demurrer, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.01.22
Excerpt: ... ruling. For COAS 1, 2 and 4, each asserts a variation of a negligence claim. Under the Tort Claims Act all governmental tort liability is based on statute, so those COAS must be pleaded with particularity: "to state a cause of action against a public entity, every fact material to the existence of its statutory liability must be pleaded with particularity." (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) Plaintiff has not...
2024.01.22 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.01.22
Excerpt: ...ntions, deductions, or conclusions of fact or aw (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Defendant demurs to the second cause of action for violation of Civil Code S 52.1, which states, in part: "(b) If a person or persons, whether or not acting under color of law, interferes by threat, intimidation, or coercion, or attempts to interfere by threat, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of...
2024.01.08 Motions to Tax Costs
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.01.08
Excerpt: ...nst plaintiff Yneges based on a rejected Civ. Proc. Code S 998 offer Defendant served on Yneges on 08/19/21. This is the only 998 offer presented into evidence on this motion. Civ. Proc. Code S 998 in relevant part states: "(c)(l) If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff shall not recover his or her postoffer costs and shall pay the defendant's costs from t...
2024.01.08 Motion to Compel Arbitration (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.01.08
Excerpt: ...e petition or attached thereto. (C.R.C. 3.1330.) The burden then shifts to the resisting party "to demonstrate that an arbitration clause cannot be interpreted to require arbitration of the dispute." (Buckhorn v. St. Judge Heritage Medical Group (2004) 121 Cal.App.4th 1401, 1406.) Any reasonable doubt as to whether a claim falls within the arbitration clause is to be resolved in favor of arbitration. (Villacreses v. Molinari (2005) 132 Cal.App.4t...
2024.01.08 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.01.08
Excerpt: ...ourt will exercise its discretion to consider the opposition, but admonishes Plaintiff to abide by court rules for all future filings. Plaintiff does not dispute the Federal Arbitration Act (FAA, 9 U.S.C. S 1, et seq.) applies here. Under the FAA, the moving party on a motion to compel arbitration must demonstrate the existence of an arbitration agreement between the parties that covers the controversy or claims at issue. (Roes v. SFBSC Managemen...
2024.01.08 Demurrers, Motions to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.01.08
Excerpt: ...staffng agency, entered into a Managed Services Agreement ("MSA") with PSG, a national temporary staffing agency. According to the MSA, World operated "as a marketing and client services agent of PSG for all temporary staffng business generated by the assignment of laborers from an Agency location." Pursuant to the MSA, World would perform certain activites for laborers working at Client Companies and PSG would perform other activities, including...
2024.01.08 Demurrer to FAC
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.01.08
Excerpt: ...y be judicially noticed.' [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context." (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) It is not an abuse of discretion to sustain a demurrer without leave to amend if there is no reasonable possibility that the defect can be cured by amendment. (See Jenkins v. County of Orange (1989) 212 Cal.App.3d 278.) As a preliminary matter, Defend...
2023.12.11 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.12.11
Excerpt: ...s discretion will therefore not consider the very late filed opposition. (CRC Rule 3.1300(d).) As to the merits of the demurrer, Defendant argues Plaintiff's causes of action ("COA") Nos. 3 and 5 fail to state sufficient facts to constitute a COA against Defendant. (Code Civ. Proc. S 430.10(e).) The court agrees. 1) COA No. 3 — Violation of Civ. Code S 1793.2(a)(3) "(a) Every manufacturer of consumer goods sold in this state and for which the m...
2023.12.11 Demurrer, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.12.11
Excerpt: ...cts supporting the statutory elements of the violation." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 619.) aut here, COA 9 essentially just recites the elements of the statute without identifying what GM allegedly did or did not state in any advertising or publication which could trigger liability under Bus. & Prof. Code 517531. The claim thus fails as pled. For COA 10, a cause of action for conversion requires allegations of...
2023.12.11 Motion for Leave to File Complaint
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.12.11
Excerpt: ...such, should plaintiffs/DlG indicate the reply was not served on them, then the court will contnue the hearing to permit time for plaintffs/DlG to review the reply and prepare for the hearing. Andersson brings her Motion pursuant to Civ. Proc. Code SS 426.50 and 426.10. "A motion to file a cross-complaint [under Civ. Proc. Code S 426.50] at any time during the course of the action must be granted unless bad faith of the moving party is demonstrat...
2023.12.11 Motion for Relief from Default, Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.12.11
Excerpt: ...o mistake, inadvertence, and/or surprise, and due to no prejudice be suffered by plaintiff from the relief sought." (Motion at 3:4-7.) CCP 5473(b) states in pertinent part: "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this reli...
2023.12.11 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.12.11
Excerpt: ...us XM Radio Inc. (9th Cir. 2014) 771 F. 3d 559, 565.) In determining the validity or "the rights of parties to enforce an arbitration agreement within the FDA's scope, courts apply state contract law while giving due regard to the federal policy favoring arbitration." (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 235.) "The party seeking arbitration bears the burden of proving the existence of an arb...
2023.12.04 OSC Re Preliminary Injunction
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.12.04
Excerpt: ...n. (O'Connell v. Superior Court (2006) 141 Cal.App. 4th 1452, 1481.) The moving party has the burden to show that it is reasonably probable it will prevail on the merits. (San Francisco Newspaper Printing Co. v. Superior Court (1985) 170 Cal.App.3d 438, 442; Weil & Brown, 9:632.1.) Additionally, "[i]n deciding whether to issue a preliminary injunction, a trial court weighs two interrelated factors: [1] the likelihood the moving party ultimately w...
2023.12.04 Motion to Reclassify Action
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.12.04
Excerpt: ...rom limited to unlimited jurisdiction, i.e., that a greater recovery "could not be obtained" or is "virtually unobtainable." ld. at p. 269-270. Appellate courts have underscored the high threshold set by Walker: "[The plaintiff] may well not prevail on the factual disputes regarding the extent of his injuries .... But a [Walker] hearing is not to be perceived as a minitrial or an opportunity for a trial judge to put forth a well-educated guess of...
2023.12.04 Motion to Deem RFAs Admitted, to Compel Responses, for Sanctions
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.12.04
Excerpt: ...nd thereto, and for $1,280.88 in sanctions on each such motion, against Gill and Kaur, respectively; b) Motions 3-5 (ROAS 62, 82 and 50): Plaintiff moves to compel responses without objections to Requests for Production, Set One, as directed to Defendant Mickle & Lucky Estates, LLC (here, "Owner"), Kaur and Gill, for failure to respond thereto, and for $1,280.88 in sanctions on each such motion, against Owner, Kaur, and Gill, respectively; c) Mot...
2023.12.04 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.12.04
Excerpt: ...the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or crosscomplainant sh...
2023.11.13 Motion to Quash Subpoena of Business Records
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.11.13
Excerpt: ... it will not be automatically allowed; there must then be a "careful balancing" of the "compelling public need" for discovery against the "fundamental right of privacy."' " (Bd. of Trustees v. Superior Court (1981) 119 Cal. App. 3d 515, at 525.) "The party asserting a privacy right must establish [1] a legally protected privacy interest, [2] an objectively reasonable expectation of privacy in the given circumstances, and [3] a threatened intrusio...
2023.11.13 Motion to Quash Service of Summons
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.11.13
Excerpt: ..., Mr. Xu challenges service of the Summons. "When a defendant challenges the court's personal jurisdiction on the ground of improper service of process 'the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.'" (Summers v. McClanahan (2W5) 140 Cal.App.4th 403, 413.) The plaintiffs have submitted evidence show-ng Mr. Xu was served by substitute service. under Code o...
2023.11.13 Demurrer to FAC
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.11.13
Excerpt: ... truth of contentions, deductions, or conclusions of fact or law. (alankv. Kirwan (1985) 39 Cal.3d 311, 318.) Cause of Acton 1: Breach of Contract To allege a claim for breach of contract plaintiff must plead: (1) the existence of a contract; (2) the plaintiff's performance or excuse for nonperformance; (3) the defendant's breach; (4) resulting damages to the plaintiff. (Oasis West Realty, LLC v. Goldman, (2011) 51 Cal. 4th 811, 821.) Defendant a...
2023.10.30 Motion to Set Aside Default Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.10.30
Excerpt: ...plaint; the request for entry of default. „ and a copy of the judgment." Code Civ. Proc., S 670, subd. (a). Ajudgment, void on its face, is not governed by Code of Civil Procedure S 473. [Citation.] Such a judgment may vacated upon motion or may be set aside by the court on own motion. Montgomery v. Norman (1953) 120 Cal.App.2d 855. A trial court has the inherent power to set aside a judgment void on its face at any time. Connelly v. Castillo (...
2023.10.30 Motion for Pre-Trial Discovery
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.10.30
Excerpt: ... is a substantial probability they will prevail on the claim for punitive damages. (Civ. Code S 3295(c); Jabro v. Superior Ct. (2W2) 95 Cal. App. 4th 754, 757 ("Jabro").) "[B]efore a court may enter an order permitting discovery of a defendant's financial condition, it must (1) weigh the evidence submitted in favor of and in opposition to motion for discovery, and (2) make a finding that it is very likely the plaintiff will prevail on his claim f...
2023.10.30 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.10.30
Excerpt: ...ne any of the following: ... "(4) Reported a work-related ... injury „ except in cases where the employee alleges they have been retaliated against because they have filed or made known their intention to file a workers' compensation claim pursuant to Section 132a, which is under the exclusive jurisdiction of the Workers' Compensation Appeals Board. Plaintiff alleges that he injured his head and neck while entering a car, and as a result of rep...
2023.10.23 Motions to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.10.23
Excerpt: ...n, Set One ("Motion 3" below). Plaintiffs' motions are procedurally deficient. First, they improperly purport to compel responses to three different discovery devices in the motion. Inexplicably, Plaintiff attempts to remedy the problem not by separating the motons but in filing the same moton three times. For each, Plaintiffs failed to submit a declaration evidencing meet and confer efforts as required by C.C.P. SS 2016.040, 2031.310(b)(2), and ...

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