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2024.06.17 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.06.17
Excerpt: ...ly (hereinafter “ Maria.) The motion is GRANTED as to Rosa's claims and DENIED and STAYED as to Maria's claims. Arbitration of Rosa's Claims Defendants move to compel arbitration pursuant to the Arbitration Agreement Rosa signed on 11/27/20. (“Agreement” – copy attached at Exhibit 1) The Agreement specifically states that “the parties acknowledge and agree that the Resident's admission and these other events evidence transactions affec...
2024.06.17 Motion to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.06.17
Excerpt: ...es a separate statement. CRC 3.1345(c) provides that: “A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issu e. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Materi...
2024.06.10 Motion for Summary Judgment, Adjudication 046
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.06.10
Excerpt: ...ibility of Loui s Dean Frasche's declaration and exhibits attached to Tropitone's Notice of Lodgment (objections 1 - 31) on several grounds: Hearsay (Evid. Code, § 1200), Lacks Foundation (Evid. Code § 400), Lacks personal knowledge (Evid. Code § 702), Speculation (Evid. Code § 702), Irrelevant (Evid. Code § 210, 350 -351); Lacks Authentication (Evid Code § 1400). With respect to Tropitone's discovery requests and Plaintiffs' and Creekside ...
2024.06.10 Motion for Leave to File Complaint, for Trial Preference
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.06.10
Excerpt: ... may apply to the court for leave to amend his pleading, or to file a crosscomplaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross -complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally constru...
2024.06.03 Motion to Strike Punitive Damages
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.06.03
Excerpt: ...for damages pursuant to subdivision (a), based upon the acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratifie d the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice.” (Civ. Code, §3294, subd. (b).) “With respect to a...
2024.06.03 Motion for Discovery Sanction
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.06.03
Excerpt: ...ected to consider both the tardy opposition and the reply. The Motion seeks terminating or evidentiary sanctions based on Plaintiff's failure to comply with this Court's prior 8/28/23 Order. Plaintiff argues in response that it did adequately, although belatedly, comply, and offers excuses for the delay based on Plaintiff's counsel's personal circumstances. But the 8/28/23 Minute Order reflected what had already been a continued failure to prope...
2024.06.03 Motion for Attorney Fees
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.06.03
Excerpt: ...s granted in full. As the prevailing party, Defendants may thus claim reasonable attorney's fees under Civil Code section 1717. Civil Code section 1717(a) provides that reasonable attorneys' fees shall be fixed by the court, and shall be an element of the costs of suit. T he court has broad authority to determine the amount of reasonable fees. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) The court may make its determination of the value...
2024.05.27 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.27
Excerpt: ...o merit if the party has shown that one or more elements of the cause of action cannot be established, or that there is a complete defense thereto. (Code Civ. Proc., § 437c(p)(2).) To “show” a complete defense, a defendant must present admissible evidence of each essential element of the defense upon which it bears the burden of proof at trial. (Anderson v. Metalclad Insulation Corp. (1999) 72 Cal.App.4th 284, 289.) The plaintiff has no evid...
2024.05.24 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.24
Excerpt: ...nd HOI to arbitration, the court gr ants the Motion and orders Plaintiff and HOI to arbitrate this matter. (9 U.S.C.A. §§ 2 and 3.) As for MB, "[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party oppo sing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.” (Engalla v. Permanente Medical Gro...
2024.05.24 Demurrer to FAC
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.24
Excerpt: ...authority ov er the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the e mployee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal r...
2024.05.24 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.24
Excerpt: ...granted Feb. 1, 2023 (Dhital v. Nissan N. America, Inc. (2023) 523 P.3d 392) as to both the sufficiency of the allegations in the fifth cause of action and the application of the economic loss rule. Ford acknowledges that Dhital can be cited for persuasive value under Rule of Court 8.115. (Demurrer at fn. 1) Dhital v. Nissan N. America, Inc., supra, 84 Cal.App.5th 828, addresses both the elements of a cause of action for fraudulent inducement ba...
2024.05.13 Motion to Compel Deposition of Third Party
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.13
Excerpt: ...on is requir ed. Personal service on a corporation is governed by CCP § 416.10, which states in part: A summons may be served on a corporation by delivering a copy of the summons and the complaint by any of the following methods: (a) To the person designated as agent for service of process as provided by any provision in Section 202, 1502, 2105, or 2107 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, incl...
2024.05.13 Motion for Attorney Fees
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.13
Excerpt: ...ct. CCP §1974( d) says a prevailing buyer “shall recover . . . attorney's fees and costs based on the actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” [Emphas is added] However, CCP §1794(d) does not say the Court has to give Plaintiff's counsel everything they ask for. For claims under the Song -Beverly Act claims, a prevailing b...
2024.05.13 Motions to Compel Deposition
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.13
Excerpt: ...d a valid objection under S ection 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, …the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production...” (Code Civ. Pro c., § 2025.450.) “[A]ny party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or i...
2024.05.13 Motion to Set Aside Default, Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.13
Excerpt: ...ting defendant is e ntitled to be served by an amended complaint when the amendment is as to a matter of substance and not a mere matter of form. The reason for this rule is plain. A defendant is entitled to opportunity to be heard upon the allegations of the complaint on whi ch judgment is sought against him.' [Citations.] An amendment which significantly increases the amount of damages sought is an amendment of substance which must be served b...
2024.05.13 Motions to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.13
Excerpt: ...ation and Production of Documents, Set One to OSL (“Motion 1”); (2) Plaintiff's Motion to Compel Further Responses, etc., filed as ROA 49 on 1/18/24, concerning Plaintiff's Form Interrogatories, Set One to OSL (“Motion 2”); (3) Plaintiff's Motion to Compel Further Responses and Documents, etc., filed as ROA 123 on 2/8/24, concerning Plaintiff's Request for Identification and Production of Documents, Set One to OMG (“Motion 3”); and...
2024.04.29 Motion to Strike Punitive Damages
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.29
Excerpt: ...e facts of defendan t's oppression, fraud, or malice. (CC § 3294(a).) “Malice” is defined as conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (CC § 3294(c)(1).) “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious disreg...
2024.04.29 Motion to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.29
Excerpt: ...rmation for individual independent service centers co -defendant/non -parties, but GM does have the duty to make an inquiry into any of its employees that may have information relating to the Vehicle and its repair history. (Civ. Proc. Code § 2030.220.) Merely stating “GM call center advisors with whom Plaintiff may have communicated” does not comply with the requirement to make a reasonable and god faith inquiry. Additionally, vague referen...
2024.04.29 Motion to Compel Arbitration and Stay Action
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.29
Excerpt: ...4) 226 Cal. App. 4th 2 31, 240; See also, 9 U.S.C.A. § 2; Civ. Proc. Code § 1281.4.) "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972 (“Engalla”); Green Tr...
2024.04.29 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.29
Excerpt: ...er. While the petition was pending, the plaintiff also made a request for documents relating to the petition. The FAC asserts claims based on the failure to allow inspection of the documents requested in October and November 2021 as well as the request to review the recall petition on 8/17/22. (FAC at ¶¶15, 17.) HOA's Request for Judicial Notice The HOA's request for judicial notice is GRANTED as to Item Nos. 13. (Evid. Code §452(d)) The reque...
2024.04.29 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.29
Excerpt: ... summarily adjudicate claims or defenses as to which no triable issue was raised unless requested in the notice of motion. (Weil & Brown, Cal. Prac. Guide, Civ. Proc. Before Trial, §10:88, citing Homestead Sav. v. Sup.Ct. (Dividend Develop. Corp.) (1986) 179 Cal.App.3d 494, 498 (citing text).) Further, even if the notice of motion could be deemed to set forth a request for summary adjudication in the alternative, the motion is procedurally defec...
2024.04.29 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.29
Excerpt: ...subdivision (q), suc h that Plaintiff's claims would not expire until June 27, 2023. Emergency Rule 9 provides that “[n]otwithstanding any other law, the statutes of limitations and repose for civil causes of action that exceed 180 days are tolled from April 6, 2020, until Oct ober 1, 2020.” Thus, according to Plaintiff, her Complaint filed on June 22, 2023, is timely. Plaintiff's argument is well -taken. Plaintiff relies on Roe v. Doe (...
2024.04.15 Motions to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.15
Excerpt: ...es to Interroga tories Nos. 4.1, 15.1, 16.1, 17.1 and 50.1 - 50.6. Code of Civil Procedure section 2030.300, states, in part, “(a) On receipt of a response to interrogatories the propounding party may move for an order compelling a further response if the propounding par ty deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without m...
2024.04.15 Motion to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.15
Excerpt: ...o Parikh are MOOT except for sanctions. The motion directed to Fazeli is GRANTED in part and DENIED in part. Motions Directed to Parikh (ROA 190 and 198) The oppositions indicate Parikh served verified substantive supplemental responses to the at issue discovery on February 7, 2024. (ROA 249 at Exhibit 3; ROA 251 at Exhibit 3.) The court thus deems these motions MOOT, except for the issue of sanctions. (Sinaiko Healthcare Consulting, Inc. v. Pac...
2024.04.15 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.15
Excerpt: ...pplies? D efendants contend that the Federal Arbitration Act (“FAA”) applies to this action because the Mutual Agreement to Arbitrate Claims expressly states that “[t]he Federal Arbitration Act (9 U.S.C. § 1 et seq.) (‘FAA') governs this Agreement, which evidences a transaction involving commerce.” (See Gralak Decl., ¶ 10, Exh. A, p. 1, lines 4 -5). Defendants also present evidence that Defendant HEARTLAND operates more than 62 health...

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