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2023.08.14 Motions to Compel Depositions
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.08.14
Excerpt: ...subject motions are brought following the deponents' failure to appear at deposition. CCP §2025.450 authorizes a motion to compel attendance and production following a failure to appear. Because the motions are similar in many respects, and because the separate “non-oppositions” filed by the defendants are nearly identical, the two motions are discussed together. Green establishes that on 1/19/23, it served a Notice of Deposition of Persons ...
2023.08.07 Motion to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.08.07
Excerpt: ... by the motion. (Code Civ. Proc., §§ 2030.300(b), 2031.310(b), and 2033.290(b).) Code Civ. Proc. § 2016.040 requires a good faith attempt to resolve “each issue presented by the motion.” There must be a serious effort at negotiation and informal resolution. (Clement v. Alegre (2009) 177 Cal.App. 4th 1277, 1294.) While meet and confer efforts certainly could and should have been more robust, the court has already addressed that by ordering ...
2023.08.07 Motion for Judgment on the Pleadings, to Compel Deposition of PMQ, to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.08.07
Excerpt: ...urther Responses and to Deem Requests Admitted, filed on 2/22/23 by Plaintiff; -Motion 5: Motion to Compel Further Responses and Responses Under Oath (as to Form Interrogatories), filed on 2/22/23 by Plaintiff; -Motion 6: Motion to Compel Further Responses and Responses Under Oath (as to Special Interrogatories), filed on 2/22/23 by Plaintiff; Motion 1 is GRANTED, with 30 days leave to amend. In Motion 1, GM seeks judgment on the pleadings as to ...
2023.07.24 Motion to Compel Deposition of PMK, Production of Docs
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.07.24
Excerpt: ... that the deposition notice was served on 1/19/23 for a deposition on 2/9/23 and a copy is attached as Exh. B. (Macaulay Decl. at ¶8) ACE did not serve objections to the form of the notice of deposition or the requests for production of documents. (Macaulay Decl. at ¶10) ACE argues in the Opposition that its 1/23/23 email constituted objections on the grounds that (1) the trade secret designation was insufficient, (2) they had a priority agreem...
2023.07.24 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.07.24
Excerpt: ... certain work, and that the plaintiff is an employee (or independent contractor) thereof, who was injured in the course of the work, the burden then shifts to plaintiff to produce evidence raising a triable issue of fact as to application of a Privette exception. It is undisputed that Plaintiff owned and operated Live Wire Electric as a sole proprietor and that Live Wire Electric was hired by VFS as an independent contractor to perform electrical...
2023.07.24 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.07.24
Excerpt: ...an (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 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 cou...
2023.07.17 Motion to Quash Subpoenas, to Compel Mental Exam
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.07.17
Excerpt: ...ns 1 and 2 are DENIED. Plaintiff here has plainly put her mental health at issue. (ROA 68, Ex. C at 6.2 and 6.3, and Ex. D, at 122:5-123:2, 144:5-21.) She has thus also put the cause(s) for her distress at issue. “[B]y asserting a causal link between her mental distress and defendants' conduct, plaintiff implicitly claims it was not caused by a preexisting mental condition, thereby raising the question of alternative sources for the distress.�...
2023.07.17 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.07.17
Excerpt: ...-party beneficiary to the relevant agreement. Initially, it is undisputed the Federal Arbitration Act (“FAA”) applies to the instant motion. The Federal Arbitration Act requires the existence of a valid arbitration agreement, before arbitration can be compelled. (See 9 U.S.C. §2). “[I]t is a cardinal principle that arbitration under the FAA ‘is a matter of consent, not coercion.'” (Pinnacle Museum Tower Assn. v. Pinnacle Market Develop...
2023.07.17 Demurrer, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.07.17
Excerpt: ...cata applies if “(1) the decision in the prior proceeding is final and on the merits; (2) the present proceeding is on the same cause of action as the prior proceeding; and (3) the parties in the present proceeding or parties in privity with them were parties to the prior proceeding.” (Federation of Hillside Canyon Assns. v. City of Los Angeles (2004) 126 Cal.App.4th 1180, 1202.) California's res judicata doctrine is based upon the primary ri...
2023.07.10 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.07.10
Excerpt: ...p, Inc. (2014) 228 Cal.App.4th 1200, 1211.) Second Cause of Action – Breach of the Covenants of Good Faith and Fair Dealing Defendants contend the second cause of action fails because there is no special relationship between the parties of the type similar to what exists in the insurance context. Defendants cite Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018. Although the Harris court recognized the general rule precluding tort re...
2023.07.10 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.07.10
Excerpt: ...s GRANTED as to both motions. WFG moves for summary judgment on its SAXC on the grounds “that there is no defense to the action or proceeding." (Code Civ. Proc., §437c(c).) “[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 law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 85...
2023.07.10 Motion to Compel Further Production to Business Records Subpoena
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.07.10
Excerpt: ...n order compelling the California Department of Motor Vehicles (“DMV”) to produce documents in response to a business records subpoena issued on January 30, 2023. In addition to the DMV's position that it required a signed consent or a court order to release the records, the DMV also objected to the subpoena on the grounds that a notice to consumer was not served pursuant to Code of Civil Procedure section 1985.3. Plaintiff argues in the Sepa...
2023.07.10 Motion to Quash Service of Summons
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.07.10
Excerpt: ...m against a defendant in a civil action is given by service of a summons on the person. Ibid. The summons is issued by the clerk of the court and must comply with various requirements set forth by statute. Ibid. Mere knowledge by a defendant of a plaintiff's action does not satisfy the requirement of adequate service of a summons and complaint. Ibid. The proofs of service filed by plaintiff on 2-28-23 (ROAs 10 and 12) indicate that specially appe...
2023.07.10 Petition for Writ of Mandate
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.07.10
Excerpt: ...r the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.” Cal. Govt. Code §11425.30(a)(1) states that “A person may not serve as pr...
2023.07.03 Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.07.03
Excerpt: ...and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Civ. Proc. Code § 436.) Plaintiff's Prayer included a request for attorney fees under Civ. Proc. Code § 1021.5. Attorney fees under that section are awardable only in specific inst...
2023.06.26 Motion to Strike Costs
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.06.26
Excerpt: ...t to be stricken. The Court does not find prejudice sufficient to justify disregarding the additional filing. The trial court has “substantial latitude in allowing fees to be awarded without strict compliance with statutory temporal and procedural limitations.” (Gunlock Corp. v. Walk on Water, Inc. (1993) 15 Cal. App. 4th 1301, 1305) The right to recover costs of suit is determined entirely by statute. (Code Civ. Proc., § 1032 et seq.) Unles...
2023.06.26 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.06.26
Excerpt: ...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....
2023.06.26 Motion for Summary Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.06.26
Excerpt: ...spond, and no reasonable excuse for that discourtesy was presented. However, a full reply was timely presented without a request for continuance. In light of the preference for resolution on the merits, the Court has nonetheless elected to consider the untimely submission here. But Plaintiff should not assume that similar consideration will be provided for any future delinquent submissions. The Motion presents 7 issues for adjudication, as to the...
2023.06.26 Motion for Reconsideration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.06.26
Excerpt: ...und of newly discovered evidence: the information must be such that the moving party could not, with reasonable diligence, have discovered or produced it at the trial.” (Rutter CPBT §9:328, citing New York Times Co. v. Sup.Ct. (Wall St. Network, Ltd.) (2005) 135 Cal.App.4th 206, 212-213.) The party seeking reconsideration must also provide a satisfactory explanation for failing to present the information at the first hearing; i.e., a showing o...
2023.06.26 Demurrers
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.06.26
Excerpt: ...vices 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 staffing business generated by the assignment of laborers from an Agency location.” World would supervise activities of the laborers working at Client Companies and PSG would perform various services, including payment of all wages to the laborers. The MSA states PS...
2023.06.12 Motions to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.06.12
Excerpt: ...id arbitration agreement, before arbitration can be compelled. (See 9 U.S.C. §2). “[I]t is a cardinal principle that arbitration under the FAA ‘is a matter of consent, not coercion.'” (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4 th 223, 236.) “Thus, ‘a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.'” (Id.) “If a party to a civil action ask...
2023.06.12 Motion to Compel Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.06.12
Excerpt: ... related to the policies and procedures in handling customer requests for repurchase or replacement under the Song Beverly Act are relevant to Plaintiff's claims that Defendant willfully failed to comply. Further, documents sought relating to recall and TSB documents, and customer complaints and warranty repairs for vehicles in California of the same year, make, and model as the subject vehicle are undoubtedly relevant to the claims presented. In...
2023.06.12 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.06.12
Excerpt: ...) in the XC, as asserted against Lanick, and as to COAs 6-9, as to both MPs. The Demurrer is SUSTAINED as to COAs 7-9, with 15 days leave to amend from the date of service of notice of this ruling, but otherwise OVERRULED. For COAs 8 and 9, the claims are not pled with adequate specificity. For fraud claims, every element must be alleged in full, factually and specifically. The policy of liberal construction of pleading will not be invoked to sus...
2023.06.12 Demurrer, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.06.12
Excerpt: ...n (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 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 cour...
2023.05.22 Motion to Compel Arbitration and Dismiss or Stay Proceedings
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.22
Excerpt: ...ation must either be stated verbatim in the 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. (Vil...

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