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2023.05.22 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.22
Excerpt: ...entitled to enforce the Retail Sales Installment Contract ("RISC") pursuant to equitable estoppel and as such, Defendant failed to meet its burden to establish an applicable arbitration agreement. "Arbitration is favored in this state as a voluntary means of resolving disputes, and this voluntariness has been its bedrock justification. As we stated recently: "[P]olicies favoring the efficiency of private arbitration as a means of dispute resoluti...
2023.05.22 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.22
Excerpt: ... moving for summary judgment must establish that one or more of the elements of a cause of action cannot be established or that a complete defense exists to the cause of action. (ld.; C.C.P. S 437c(o).) If the defendant meets this burden, the burden shifts to the plaintiff to show a triable issue of material fact exists as to either the particular cause of action or the proffered defense thereto. (ld.) The plaintiff must set forth specific facts ...
2023.05.15 Motions for Protective Order
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.15
Excerpt: ... heart of both motions is the defendants' argument that the plaintiff has failed to comply with CCP 52019.210. Defendants bring both motions pursuant to CCP 52025.420 which requires that a motion for protective order must be accompanied by a declaration under Section 2016.240. Here, the meet and confer was insufficient. The rule requiring a good faith effort to meet and confer about discovery disputes "is designed to encourage the parties to work...
2023.05.15 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.15
Excerpt: ...on Act ("FAA") applies to the instant motion. ( 112 of Shapiro Declaration and Exhibit 1 thereto; See also Victrola 89, LLC v. jaman Properties 8 LLC (2020) 46 cal.App.5th 337, 346-348 and com/ey v. Giant Inland Empire RV Center, Inc. (C.D. Cal. 2013) 2013 WL 12131180 at 3.) The Federal Arbitration Act requires the existence of a valid arbitration agreement, before arbitration can be compelled. (See g U.S.C. 52). "[I]t is a cardinal principle tha...
2023.05.15 Motion for Continuance and Relief of Stay for Specified Discovery
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.15
Excerpt: ...ion." (ld.) As explained by the Court in Lafayette Morehouse, Inc. v. Chronicle Publishing Co. (1995) 37 Cal.App.4th 855, "[i]f the plaintiff makes a timely and proper showing in response to the motion to strike, that a defendant or witness possesses evidence needed by plaintiff to establish a prima facie case, the plaintiff must be given the reasonable opportunity to obtain that evidence through discovery before the motion to strike is adjudicat...
2023.05.08 Motion to Set Aside Default
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.08
Excerpt: ...rsuant to Civ. Proc. Code SS 473, 580, and 663. "Section 580 provides in relevant part that "[t]he relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint. The primary purpose of this section is to insure that defendants in cases which involve a default judgment have adequate notice of the judgments that may be taken against them. [Citation.] "If a judgment other than that which is ...
2023.05.08 Motion to Compel Compliance with Prior Order
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.08
Excerpt: ...calculated from November 5, 2020, at a rate of $34.04 per day, to the date of the hearing on May 8, 2023), and to award Defendants monetary sanctions against Sheldon for reasonable attorney's fees in the amount of $18,720, pursuant to Civ. Proc. Code S 2023.010(g). It appears the legal basis for this request is Civ. Proc. Code 2023.010(g), which states, "misuses of the discovery process include, but are not limited to . . . (g) disobeying a court...
2023.05.08 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.08
Excerpt: ...s to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or defense. [Citations.]" (Caloroso v. Hathaway (2004) 122 Cal .App.4th 922, 926.) "The elements of a negligence claim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury. [Citations.]" (Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158.) "When a person is in...
2023.05.08 Motion for Reconsideration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.08
Excerpt: ...on the ground 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 sg: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 s...
2023.05.01 Motions for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.01
Excerpt: ...d 6, and DENIED as to Issue Nos. 1, 2 and 4. The motion of the TAC defendants is GRANTED as to Issue No. 1 (with respect to TAC only), GRANTED as to Issue Nos. 2, 8, and g, and DENIED as to Issue Nos. 3 through 7 and 10. MOTION 1: IPC's motion Issue No. 1: First Cause of Action (Breach of Contract) Plaintiff asserts that IPC breached the 2013 Consulting Agreement between Plaintiff and IPC by, among other things, failing to pay in accordance with ...
2023.05.01 Motion to Compel Production of Docs
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.01
Excerpt: ..., to produce documents pursuant to a deposition notice and therefore this Code section does not apply. The correct section for a motion to compel a further production of documents from a deponent who appears for a deposition but fails to produce documents is CCP 52025.480(a) which states: "If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that i...
2023.05.01 Motion for Summary Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.05.01
Excerpt: ...ive defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (2) A motion for summary adjudication may be made...
2023.04.24 Demurrer (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.04.24
Excerpt: .... [Citation.) We also consider matters which may 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.) "Erroneous or confusing labels attached by the inept pleader are to be ignored if the complaint pleads facts which would entitle the plaintiff to relief...[the court's] task is to determine whether the pl...
2023.04.24 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.04.24
Excerpt: ...enges 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 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 ...
2023.03.06 Motion to Set Aside Dismissal
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.03.06
Excerpt: ...neglect.” (Civ. Proc. Code, § 473, subd. (b), emphasis added.) “As a general rule, [ ] the negligence of an attorney is imputed to the client. [Citation.] [¶] California courts recognize an exception to this rule in those cases ‘where the attorney's neglect is of that extreme degree amounting to positive misconduct, and the person seeking relief is relatively free from negligence.' [Citation.] This exception is premised on the concept suc...
2023.03.06 Motion to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.03.06
Excerpt: ... for Production On a motion to compel further RFP, the moving party must “set forth specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310, subd. (b)(1).) “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact-specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal....
2023.03.06 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.03.06
Excerpt: ...allocating burdens of proof and producing evidence, which is used in California for disparate-treatment cases under FEHA, the employee must first present a prima facie case of discrimination. The burden then shifts to the employer to produce evidence of a nondiscriminatory reason for the adverse action. At that point, the burden shifts back to the employee to show that the employer's stated reason was in fact a pretext for a discriminatory act. T...
2023.02.28 Demurrer to FAC
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.02.28
Excerpt: ...d plaintiff. Defendants demur generally to the third cause of action for conversion. Special demurrer. Defendants contend that plaintiff's wife, Stephanie McCain, is an indispensable party who must be named as a party. The rules regarding joinder of parties is found in Code of Civil Procedure section 389. Pinto Lake MHP LLC v. County of Santa Cruz (2020) 56 Cal.App.5th 1006, 1013. Subdivision (a) of section 389 defines persons who should be joine...
2023.02.27 Motion to Uphold Confidential Designation of Certain Docs
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.02.27
Excerpt: ...l have the right to designate as “Confidential” any Documents, Testimony or Information that the Designating Party in good faith believes to contain non-public information that is entitled to confidential treatment under applicable law.” (SPO ¶ 2.) The Designating Party shall have the burden on any Designation Motion of establishing the applicability of its “Confidential” designation. (SPO ¶ 6.) Here, the parties followed the proper p...
2023.02.27 Motion for Attorney Fees
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.02.27
Excerpt: ...st Lal's candidacy for incompatible offices enforced an important right affecting a public interest. The action conferred a significant benefit on the general public. The most significant area of disagreement between the parties is whether Reddish met his litigation objective. Respondent Lal correctly says that the relief sought by the Petition was to remove him as a candidate from the City of Anaheim City Council ballot and that the Court did no...
2023.02.27 Demurrer, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.02.27
Excerpt: ...on is necessarily barred. (Lee v. Hanley (2015) 61 Cal.4th 1225, 1232.) Here, although the FAC asserts that “the claim” was “unilaterally closed in December of 2018,” it also alleges that Plaintiffs thereafter were requesting additional payments within policy limits for costs incurred for necessary code upgrades, repair costs under their additional replacement cost coverage, and their living expenses incurred during the repair of their ho...
2023.02.27 Demurrer to SAC
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.02.27
Excerpt: ...emurrer to the 4 th cause of action by Plaintiff Hang is OVERRULED, by Plaintiff Bao is SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer to the 6 th cause of action for breach of written contract is SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer to the 7 th and 8 th causes of action for common count – money had and received is SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer to the 10 th cause of action for unfair business practices is SUSTAINED WI...
2023.02.27 Demurrer (3)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.02.27
Excerpt: ...esentations were tendered,'” “it is harder to apply this rule to a case of simple nondisclosure.” (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4 th 1356, 1384). “One of the purposes of the specificity requirement is ‘notice to the defendant, to furnish the defendant with certain definite charges which can be intelligently met.'” (Id.). “Less specificity should be required of fraud claims ...
2023.02.27 Demurrer (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.02.27
Excerpt: ...plaint (“FAC”), 1st through 3rd and 7th causes of action for breach of written contract, breach of oral contract, breach of implied contract and violation of the Uniform Trade Secrets Act. The 1st Cause of Action for Breach of Written Contract. Defendants DIN and ENTEZAM demur to the 1st cause of action for breach of written contract on the grounds it is uncertain, ambiguous and unintelligible because the FAC alleges the existence of several ...
2023.02.27 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.02.27
Excerpt: ...rd cause of action on the ground of uncertainty. Despite the simplicity and brevity of the complaint, defendants make several arguments in support of the demurrer, and ask for judicial notice of 10 documents and 30 facts that they contend can be gleaned from those documents and other public sources. The complaint is based on defendants' representation of plaintiff and her former husband in the defense of a federal trademark infringement action. (...

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