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2021.11.01 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.11.01
Excerpt: ...al employee, on August 11, 2018. (SSUF No. 1). This date is more than a year prior to the initiation of this action, on October 17, 2019. Notably, while Plaintiff indicates he did not become of aware of his injury and its negligent cause, until April 15, 2019, he does not dispute that a reasonable person under the circumstances would have been on inquiry notice, prior to this date. (Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1110-1111). Inst...
2021.11.01 Demurrer (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.11.01
Excerpt: ...v. Lockheed Martin Corp. (2000) 82 Cal.App.4th 592, “a Plaintiff is required…to set forth the essential facts of his case with reasonable precision and with particularity sufficient to acquaint a Defendant with the nature, source and extent of his cause of action.” (Id. at 608.) When the complaint names two or more defendants, the sufficiency of the complaint against one defendant does not immunize the plaintiff against another defendant's ...
2021.11.01 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.11.01
Excerpt: ... identify any provision of the Master Sales Agreement (“MSA”) that was breached. The MSA is not attached to the TACC; however, a copy of the MSA (the one page that Higgins alleges was shown to him upon signing) is attached to the Second Amended Cross Complaint (“SACC”) as Exhibit 1. (SACC [ROA 196] ¶ 15, Ex. 1.) The Court takes judicial notice of the attachments to the SACC, on its own motion, pursuant to Evidence Code §452(d). The MSA ...
2021.11.01 Motion for Attorney Fees
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.11.01
Excerpt: ...tice.). CCP §425.16(c)(1) provides that a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's fees and costs. The trial court must first determine if the defendant would have prevailed on the special motion to strike before awarding such fees. (Tourgeman v. Nelson & Kennard (2014) 222 Cal.App.4th 1447, 1457) Anti-SLAPP Motion – Prong 1 Unlike general motions to strike, there is no requirement that a...
2021.10.18 Motion to Compel Deposition, to Set Compensation of Expert Witness
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.10.18
Excerpt: ...e deposition subpoena stating Saghafi was scheduling deposition for September, indicating Saghafi was willing to sit for a deposition, but Defendant was not willing to work on reserving a mutually agreed upon deposition date. Although at the time the motion was filed trial was in early September, on 08/25/21, trial was continued to the present date of 03/14/22. This would have given Defendant almost six-months to work on rescheduling Saghafi's de...
2021.10.18 Motion for Summary Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.10.18
Excerpt: ...defense as to any cause of action…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.” [CCP §437c(f)(1)] “A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if tha...
2021.08.30 Petition to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.08.30
Excerpt: ...d and enforceable, unless they are revocable for reasons under state law that would render any contract revocable. [Citations.] Reasons that would render any contract revocable under state law include fraud, duress, and unconscionability.” Tiri v. Lucky Chances, Inc. (2014) 226 Cal. App. 4th 231, 239. Defendants have put forth evidence that a valid and enforceable written arbitration agreement exists within the signed contract (“Contract”) ...
2021.08.30 Motion to Quash
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.08.30
Excerpt: ... on the grounds that plaintiff noticed the deposition to harass, oppress and cause undue burden and expense to APF and Shapiro. Code of Civil Procedure, §2025.420(b) authorizes the court, for good cause shown, to make any order that justice requires to protect any party or deponent from unwarranted annoyance, embarrassment or oppression or undue burden and expense. The court shall limit the scope of discovery if it determines that the burden, ex...
2021.08.30 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.08.30
Excerpt: ...t's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850, as modified (July 11, 2001). “The motion for summary judgment ...
2021.06.29 Motion to Disqualify Counsel
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.06.29
Excerpt: ...g the management of the company, acquiring the controlling shares to do so, and placing the defendant Margaretis into the role of operating the company. In early 2019, there was also a joint interest of the clients to stave off alleged holders of convertible notes who were seeking to gain a foothold into the company as shareholders. (See Plff's Dec ¶ 6, Obeid Dec. ¶ 4; Opp. Obeid Dec. at exhibits 1 to 3; Def. Suppl. Reply at exhibits A, B at PL...
2021.06.29 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.06.29
Excerpt: ... Cal.App.4th 731, 745). Given this Court's October 19, 2020 order granting Motions to Deem Requests Admitted, Defendant Infinity Interests, Inc. has admitted to executing the Lease dated January 11, 2016 as well as the First Amendment to the Lease dated October 24, 2018, which were attached to the Requests for Admission. (See ¶12 of Weinberg Declaration and Exhibit D thereto). Additionally, Defendant Infinity Interests, Inc. has admitted that it...
2021.06.29 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.06.29
Excerpt: ... the business Okbingsul. (See ¶13-¶14 and ¶17 of Cross-Complaint). “A promise made without any intention of performing it constitutes fraud.” (Union Flower Market v. Southern Cal. Flower Market (1938) 10 Cal.2d 671, 676). Additionally, pursuant to Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, “the falsity of [a] promise is sufficiently pled with a general allegation the promise was made without intention of performance.” (Id. at 1060)....
2021.05.03 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.05.03
Excerpt: ...reliminary matter, the Court finds that Defendant's demurrer does not constitute a motion for reconsideration of Judge Hunt's ruling on Defendant's demurrer to Plaintiff's First Amended Complaint, in which Judge Hunt overruled Defendant's demurrers to the 2 nd and 3 rd causes of action on essentially the same grounds as in Defendant's current demurrer to the 4AC. “[W]hen a plaintiff files an amended pleading in response to an order sustaining a...
2021.05.03 Motions to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.05.03
Excerpt: ... ¶ 3.) On or about 7/20/20, the Court granted, in part, Plaintiff's motion to compel further SROG responses. (ROA 59.) On or about 9/3/20, Defendant provided supplemental responses to SROGs, Nos. 4-11 and 16-17, which in turn referred to documents produced by Defendant. (Chae Decl., ¶ 11, Ex. 2; C.C.P. § 2030.210.) On or about 9/16/20, the Court granted, in part, Plaintiff's motion to compel further RFP responses. (ROA 74.) On or about 10/21/2...
2021.05.03 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.05.03
Excerpt: ... triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850, as modified (July 11, 2001). “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material ...
2021.05.03 Motion to Quash Subpoena
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.05.03
Excerpt: ...yers, dates of employment, job titles, full or part-time) is protected by a right of privacy. . . [Alch v. Sup.Ct. (Time Warner Entertainment Co.) (2008) 165 CA4th 1412, 1426-1427.” Cal. Prac. Guide Civ. Pro. Before Trial (Rutter Group) 8:307.10. “[D]ocuments and communications [Plaintiff's] personnel, tenure, and promotion files, whether relating only to his initial employment, or also to his ‘promotion, additional compensation, or termina...
2021.04.05 Motion to Compel Initial Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.04.05
Excerpt: ...s are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with S...
2021.04.05 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.04.05
Excerpt: ... party has met its initial burden of proof. Thatcher v. Lucky Stores, Inc. (2000) 79 CA4th 1081, 1085- 1086. These MSJ are essentially identical with the exception of the specifically named defendant and minor fact differences. Defendants have also admitted by way of failure to respond to sets one of Requests for Admission, that they are alter egos of one another. Boss Decls., Exs. C and E. As such, this ruling applies equally to both of the MSJs...
2021.04.05 Motion for Relief from Deemed Admissions
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.04.05
Excerpt: ...n the merits.” “The trial court's discretion in ruling on a motion to withdraw ... must be exercised in conformity with the spirit of the law and in a manner that serves the interests of justice. Because the law strongly favors trial and disposition on the merits, any doubts in applying section 2033.300 must be resolved in favor of the party seeking relief.” (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420.) On the ...
2021.03.22 Motion to Compel IMEs
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.03.22
Excerpt: ...d and response were at issue. (C.R.C. 3.1345(b)(1).) And although the discovery cut-off is now imminent, that is due at least in part to Plaintiff's complete refusal to appear for the subject IMEs. The Court will thus schedule an imminent date for each, but will consider a brief trial continuance if necessary to allow for same. On the merits, MPs are correct that they at least arguably can each demand a separate IME under C.C.P. § 2032.220. But ...
2021.03.22 Motion to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.03.22
Excerpt: ...Court has no jurisdiction to hold out-of-state residents in contempt of court or issue other sanctions. Such must be pursued in the witnesses' resident states under their own law. True, there are published cases in which disputes between the parties regarding out of state depositions were litigated in the California action. See International Ins. Co. v. Montrose Chemical Corp. (1991) 231 Cal.App.3d 1367, 1370, 1371 (compelling documents held by p...
2021.03.22 Motion for Nun Pro Tunc Order
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.03.22
Excerpt: ...in error, if in fact the order made was that intended to be made.... ‘The function of a nunc pro tunc order is merely to correct the record of the judgment and not to alter the judgment actually rendered—not to make an order now for then, but to enter now for then an order previously made. The question presented to the court on a hearing of a motion for a nunc pro tunc order is: What order was in fact made at the time by the trial judge?' ”...
2021.03.22 Motion for Leave to File FAC
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.03.22
Excerpt: ... § 473(a)(1) provides that “[t]he court may . . . in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .” (See also, C.C.P. § 576.) A court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) The policy favoring amendment is so strong that it is a rare case in which d...
2021.03.22 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.03.22
Excerpt: ...: Defendants 33 Degrees, Allen and Hamontree demur to all five causes of action in the Complaint on the ground of insufficiently plead facts to support these causes of action, whereas defendant Source Connect only demurs to the 2 nd and 3 rd causes of action on that ground. First Cause of Action – Breach of Contract The Complaint sufficiently alleges the existence of written purchase orders (Complaint, ¶¶ 8-9, 26). With respect to the perform...
2021.03.15 OSC Re Contempt
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.03.15
Excerpt: ... rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience. (Weil & Brown, supra, pars. 9:337–9:340.)” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) A contempt proceeding is commenced by the filing of an affidavit showing the facts satisfying these four requirements (the “charging allegations”). (Code Civ. Proc. § 1211, 2nd para.) The affidavit frames the issues to be tr...

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