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2020.07.02 Motion to Unseal Confidential Report 506
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.07.02
Excerpt: ... unseal a “confidential report” filed in the underlying criminal case. This is NOT a motion to compel someone to produce a copy of that report, but merely a request to lift a seal. The precise nature or content of this report is unclear, but according to plaintiff is contains details of what Bassinne allegedly did to plaintiff. By process of elimination, this Court surmises that plaintiff must be referring to the presentencing psychosexual ev...
2020.07.02 Motion to Enforce Settlement 109
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.07.02
Excerpt: ...d written notice of this hearing to the Plaintiff/MP (see Register of Action #46), but where the Defendants/RPs have not appeared in the case, the notice of hearing should have been imparted to them by the moving party for purposes of this motion. (CCP § 1005.) In addition, the Motion should be served by something other than electronic service. (see Register of Action # 37). While “notices” under the apparent settlement agreement, can be giv...
2020.07.02 Demurrer 633
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.07.02
Excerpt: ...rits since it appears unlikely that requiring the parties to meet and confer would resolve the issues raised in the demurrer. Page Limits: Cross-Complainant correctly objects that Cross-Defendants exceeded the 15- page limit for a supporting memorandum. (Cal. R. Ct. 3.1113(d).) Since the excess pages contain the conclusion and signature, the court will consider the entire memorandum in support. Judicial Notice: In support of their demurrer and mo...
2020.03.05 Motion to Set Aside and Vacate Both Default Judgment, Entry of Default 403
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.03.05
Excerpt: ... to notice these omissions and did anything about it and what was a junior lien became a senior lien that a subsequent foreclosure didn't extinguish. Before the Court this day is defendant Escrow Legends' (hereinafter ELI) motion to set aside and vacate a default judgment recently entered against it. On 04/27/17, plaintiff filed her Second Amended Complaint. While there were no charging allegations directed at ELI, as a “doe” defendant ELI wa...
2020.03.05 Motion to Recover Statutory Attorney Fees 772
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.03.05
Excerpt: ...ey fees based on the nonpayment of wages. The jury in this case awarded Palo $4,352.00 for misappropriation. The jury separately awarded Cannivet $355,455.00 as damages for the two cross-claims resolved in his favor: breach of contract and quantum meruit. The jury did not distinguish between the two, presumably concluding that whether it was based on a clear contractual obligation or a reasonable totality of the circumstances, Cannivet was entitl...
2020.03.05 Demurrer, Motion to Strike, for Protective Order 290
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.03.05
Excerpt: ...e Demurrer is SUSTAINED as to each of those three COAs. COA 1: COA 1 asserts a claim for Dependent Adult Neglect under Welfare and Institutions Code § 15600 et seq. The elements of such a claim include denial or withholding of goods or services necessary to meet the individual's basic needs. (Carter v. Prime Healthcare Paradise Valley, LLC (2011) 198 Cal.App.4th 396, 406-07.) The facts constituting the neglect and establishing the causal link to...
2020.03.05 Demurrer 633
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.03.05
Excerpt: ...terials Co. (1981) 123 Cal.App.3d 593, 604.) Plaintiff can avoid the effect of earlier admissions by including in the complaint a satisfactory explanation why the earlier admissions are incorrect. Absent such explanation, however, the self-destructive allegations in the earlier pleading or discovery response are “read into” the complaint, and allegations inconsistent therewith treated as sham and disregarded. (Owens v. Kings Supermarket (1988...
2020.02.27 Motion to Strike Complaint 304
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.02.27
Excerpt: ..., 88-89; Jarrow Formulas, Inc. v. LaMarche (2003) 31 C4th 728, 733. “Only a cause of action that satisfies both prongs of the anti-SLAPP statute-i.e., that arises from protected speech or petitioning and lacks even minimal merit-is a SLAPP, subject to being stricken under the statute.” Navellier, supra, 29 Cal. 4th at 89. In order to establish the requisite probability of prevailing (§ 425.16, subd. (b)(1)), the plaintiff need only have “'...
2020.02.27 Motion for Preliminary Injunction 606
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.02.27
Excerpt: ...lding themselves out or their offices out as plaintiff's new offices or otherwise as successors to plaintiff; and 3. Using business names that include “Focus Financial”. Defendant Williams' objections to paragraphs 3, 4, 10, 12, 19, 21, 23, 31, 32, 33, and 34 of the Cho Declaration are OVERRULED, and the objections to paragraphs 13, 14, 15, 16, 17, 22, 25, 26, 27, 28, 29, and 30 of the Cho Declaration are SUSTAINED. Although the court has bro...
2020.02.27 Demurrer, Motion to Strike 613
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.02.27
Excerpt: ... and declaratory relief. Cross-defendants demur to all six causes of action. Cross-defendants also move to surgically excise a number of averments within the operative pleading pertaining to the underlying agreements between the parties. Initially, this Court notes that the First Amended Cross-Complaint is narrowly-tailored, consuming a relatively scant nine pages. The essential facts are set forth clearly, and with adequate precision to acquaint...
2020.02.27 Demurrer 240
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.02.27
Excerpt: ... days leave to amend. Alter Ego Allegations: “ ‘Before the acts and obligations of a corporation can be legally recognized as those of a particular person, and Vice versa, the following combination of circumstances must be made to appear: First, that the corporation is not only influenced and governed by that person, but that there is such a unity of interest and ownership that the individuality, or separateness, of the said person and corpor...
2020.02.20 Demurrer, Motion to Strike 540
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.02.20
Excerpt: ... 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 593, 604. Absent court orders or other items subject to judicial notice, or items attached as exhibits to the...
2020.02.06 Demurrer, Motion to Quash 464
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.02.06
Excerpt: ...n a residential, treatment and “work therapy” program through the Salvation Army in the hopes of perhaps, one day, achieving some degree of independent productivity. As part of the overall program, individuals like James are sometimes tasked with helping out in Salvation Army retail shops (aka family store and donation center). James helped out in the shop in Lake Forest. On 04/16/19, something caused James to snap. He had an altercation with...
2020.02.06 Motion to Enforce Settlement 766
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.02.06
Excerpt: ...paid in settlement. Rather that work it out, the parties took a trip to the DCA, and then the Supreme Court, and then back to the DCA, and now back here. Despite the journey, from this Court's perspective, nothing has changed. Pertinent History This action was commenced on 07/19/18 with the filing of a six-count complaint. Despite the number of claims, the clear crux of the case was unpaid wages – which subsumed the 1st, 2nd, 3rd, 5th and 6th c...
2020.02.06 Motion to Strike Operative Pleading 308
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.02.06
Excerpt: ...torney's annual salary. On 06/10/19, defendant formally retained/employed a candidate presented by plaintiff. Based on that candidate's salary, plaintiff was entitled to a finder's fee in the amount of $27,750.00. Plaintiff sent an invoice for payment, to no avail. Plaintiff followed up with numerous telephone calls and emails, all to no avail. Finally, plaintiff requested a substantive explanation for the refusal to make good on the agreement, t...
2020.02.06 Demurrer, Motion to Strike 989
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.02.06
Excerpt: ...the plaintiff; (3) the defendant intentionally concealed the fact with the intent to defraud the plaintiff; (4) the plaintiff was unaware of the fact and would not have acted as he did if he had known of the concealed fact; and (5) as a result of the concealment of the fact, the plaintiff sustained damage. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 748.) There are four circumstances in which concealment may constitute actionable fraud: (1) when t...
2020.01.30 Motion to Strike Punitive Damages 456
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.30
Excerpt: ...oundaries. The parties were apparently in discussion for over a year, but no resolution was reached. Plaintiffs filed suit, alleging a cause of action for trespass and one for nuisance. At issue is whether the facts pled support the inclusion of a prayer for punitive damages. This Court concludes they do not. To adequately plead a claim for punitive damages under the malice rubric, one must plead with specificity facts demonstrating (1) defendant...
2020.01.30 Motion to Quash Deposition Subpoenas 457
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.30
Excerpt: ...nce billing and records, billing records, explanation of benefits (EOBs) billing off-sets, write-offs, and records of payment, amounts paid, and amounts adjusted, file including any and all records, reports, correspondence, work orders or referrals generated by any and all social workers including but not limited to social workers Bridgett White and Jerry Comberos, pertaining to the care, treatment, and examination of Chuck S. Montgomery, DOB: 03...
2020.01.23 Motion to Compel Responses 613
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.23
Excerpt: ...D Nos. 21, 24-27, 30-31 with similar boilerplate objections: No. 21: Communications between YOU and MARTIN. No. 24/26: Communications between YOU and CROSS-DEFENDANTS. No. 25: Communications between YOU and SANDLER. No. 27: Communications referring to defendant. No. 30: Documents prepared by MARTIN in connection with underlying litigation. No. 31: Communications that include MARTIN. Response: “Objection, this request seeks documents which are n...
2020.01.23 Demurrer 725
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.23
Excerpt: ... 2020. A corrected Notice was thereafter served on October 30, 2019, which provided sufficient notice pursuant to C.C.P. §1005. While Cross-Complainant is correct in asserting mail service on October 15, 2019 provided insufficient notice for a November 7, 2019 hearing, this issue has since been mooted. The Demurrer to the Third Cause of Action for Interference with Contractual Relations is SUSTAINED, as Cross-Complainant has not properly pled a ...
2020.01.16 Motion to Recover Attorney Fees 545
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.16
Excerpt: ...andings. On 08/16/19, this Court adopted the discovery referee's recommendation to strike defendants' answer to the operative pleading (3rd Amended Complaint), as well as their cross-complaint, following a series of discovery abuses. On 09/18/19, this Court entered a signed order striking defendants' appearances, and ordering defendants to pay fees for the discovery referee. Thereafter, plaintiffs filed and served default prove-up packages. Befor...
2020.01.16 Demurrer 649
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.16
Excerpt: ... utilizes the services of an unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract.” “When the Legislature enacted section 7031(b), courts had long held that a contractor was not entitled to any compensation for any work performed unless the contractor was licensed during the entire project (absent a sh...
2020.01.16 Demurrer 038
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.16
Excerpt: ...(See Plff's Opp. RJN; see also Friends of Shingle Springs Interchange, Inc. v. County of El Dorado (2011) 200 Cal.App.4th 1470, 1483; El Escorial Owners' Ass'n v. DLC Plastering, Inc. (2007) 154 Cal.App.4th 1337, 1350.) Wavy Clothing objects to judicial notice of the license information presented by the Plaintiff, but in the reply, Wavy offers the Court similar data and from a similar source (See Reply, RJN.) The Court will not address the licens...
2020.01.09 Demurrer
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.09
Excerpt: ...gs Plaintiffs have filed. That being said, the proof of mail service attached to the Demurrer itself appears proper. If Defendant seeks to serve by e-mail in the future, it will need to use the proper email address. As to the Demurrer itself, it is sustained pursuant to CCP §§ 430.10(e)-(g). “The [] reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. [Citat...
2020.01.09 Demurrer
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.09
Excerpt: ...ific cause of action therein. (See Cal. R. Ct. Rule 3.1320(a).) As Plaintiffs correctly point out, Defendant's Demurrer is procedurally defective since he only demurred to the First Cause of Action. ROA 27. However, because Defendant did advise Plaintiff that he would demurrer to each cause of action (Supp. Jain Decl., Ex. A.) and included these arguments in his supporting memorandum, the Court exercises its discretion to consider the merits of D...
2020.01.09 Motion to Quash Service of Summons
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.09
Excerpt: ...(Id. at p. 1233.) “Once facts showing minimum contacts with the forum state are established, however, it becomes the defendant's burden to demonstrate that the exercise of jurisdiction would be unreasonable.” (Jewish Def. Org., Inc. v. Superior Court (1999) 72 Cal. App. 4th 1045, 1054-55). There two types of personal jurisdiction: (1) general jurisdiction; or (2) specific jurisdiction. A court with general jurisdiction may hear any claim agai...
2020.01.09 Motion to Compel Further Responses
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.09
Excerpt: ...cant revenue for either plaintiff or defendant – but not both. Before the Court this day is a motion by plaintiff to secure a further response from defendant to eight (8) categories of documents contained in a first set of RPDs. According to defendant, the responses are Code-compliant. According to plaintiff, the responses are deceptive. The party receiving a demand for production of documents has two legitimate options: (1) move for a protecti...
2020.01.09 Motion to Tax or Strike Costs, for Attorney Fees
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.09
Excerpt: ...entry of judgment. CRC 3.1700; Daniels v. Robbins (2010) 182 Cal.App.4th 204, 228. The memorandum must include a supporting declaration affirming that the costs were reasonable and necessarily incurred. CRC 3.1700(a)(1). If the items in the cost bill appear on their face to be proper (by comparing the cost bill to the list of recoverable costs in CCP §1033.5), the verified memorandum of costs is prima facie evidence of their propriety. The burde...
2020.01.09 Motion to Compel Further Responses, for Monetary Sanctions
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.09
Excerpt: ...ll, Shaw & Garcia is GRANTED in part and DENIED in part; and (3) Motion to Compel Further Responses from Defendant Madison Conrad to Requests for Production of Documents, Set One, and for Monetary Sanctions Against Defendant and/or Her Counsel of Record, Patricia Valenzuela of the law firm, McDowell, Shaw & Garcia is GRANTED as set forth below: The motions to compel are GRANTED as to Form Interrogatories (“FI”) Nos. 2.6, 12.4, 16.1, 17.1, 20....
2019.9.26 Motions for Attorney Fees 971
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.26
Excerpt: ...Appeal returned defendant's SLAPP motion with modifications. Pertinent Background Plaintiff is an internal reproduction services company, retained by health care facilities to respond to and comply with requests for copies of patient records. See 45 CFR §160.103 et seq. When requested by the patient's appointed representative (usually a lawyer), various statutes permit an internal reproduction services company – like plaintiff – to recoup re...
2019.9.26 Motion to Quash Service of Summons 047
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.26
Excerpt: ...t precedents strongly inform this area. Under California's long-arm statute, California courts may exercise personal jurisdiction “on any basis not inconsistent with the US Constitution or the CA constitution.” (CCP § 410.10.) When the defendant has not consented to the forum state's jurisdiction, the US Constitution permits a state to exercise jurisdiction over a nonresident defendant if the defendant has sufficient “minimum contacts” w...
2019.9.26 Motion for Summary Judgment, Adjudication 457
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.26
Excerpt: ...ns to the Declaration of Chuck Montgomery are OVERRULED. “Except as provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify as to any matter.” (Evid. Code § 700.) A witness is presumed competent to testify absent a showing to the contrary. (People v. Knos (1979) 95 Cal.App.3d 420, 431.) The party challenging a witness' competency has the burden of proving to the judge by a...
2019.9.19 Motion for Attorney Fees 962
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.19
Excerpt: ...art that the subject letter constituted a protected communication. Plaintiff's subsequent motion for reconsideration was denied on procedural grounds. Before the Court this day is defendant's motion for attorney fees as the prevailing party on that motion. Plaintiff does not challenge defendant's status as prevailing party, but instead objects to the amount sought as excessive, inflated and for matters not entitled to reimbursement. The prevailin...
2019.9.19 Demurrer, Motion to Strike 989
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.19
Excerpt: ...have acted as he did if he had known of the concealed fact; and (5) as a result of the concealment of the fact, the plaintiff sustained damage. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 748.) There are four circumstances in which concealment may constitute actionable fraud: (1) when the defendant is in a fiduciary relationship with the plaintiff; (2) when the defendant had exclusive knowledge of material facts not known to the plaintiff; (3) whe...
2019.9.19 Demurrer 508
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.19
Excerpt: ...e Court here has considered the Demurrer on the merits. However, the continued failure to comply with C.C.P. § 430.41 is troubling, after the prior omission was specifically noted. Moving counsel is reminded that compliance with statutory requirements is expected and that future omissions may not be similarly treated. On the merits, the COA as pled in the FAC is still barred by the Economic Loss Rule. Under the Economic Loss Rule, where a purcha...
2019.9.12 Motion to Strike Late Expert Designation 909
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.12
Excerpt: ...ing party must have “made a complete and timely compliance” with all expert witness exchange requirements. (CCP § 2034.300; Staub v. Kiley (2014) 226 Cal.App.4th 1437, 1446.) To make the required showing, the moving party must show that the expert witness disclosure is inadequate under the statutory scheme and that the failure to comply was unreasonable. (See CCP § 2034.300). However, when no demand is made by any party, no party is require...
2019.9.12 Demurrer, Motion to Strike 327
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.12
Excerpt: ...se of escrow, plaintiff and his daughter received a check for surplus funds in the amount of $793.60. Neither plaintiff nor his daughter moved into the property. Instead, it was apparently leased to a third-party. However, those tenants did not move in (or stay long), and the property was soon sold to plaintiff's ex-wife – the defendant herein – for a small profit. Now the wrinkle: plaintiff contends that his ex-wife (the defendant) “forged...
2019.8.22 Motion to Strike Punitive Damages 823
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.8.22
Excerpt: ...nts relating thereto). Pursuant to CCP §§ 435 and 436, a party may move for an order striking from a pleading “any irrelevant, false or improper matter” or “any part of any pleading not drawn in conformity” with laws, rules or orders. The motion is to be used sparingly, not as a line item veto. PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1683. Defendant contends that the prayer for punitive damages is improper and not draw...
2019.8.22 Motion for Summary Judgment 874
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.8.22
Excerpt: ...ter of law. That is because of the general principle that a party who seeks a court'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 C...
2019.8.22 Motion to Enforce Settlement 766
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.8.22
Excerpt: ...nt History This action was commenced on 07/19/18. Discovery ensued. On 11/29/18, defendant tendered to plaintiffs checks totaling just over $122,000.00. According to defendant, these checks were intended to cover all of the claims in the case except meal and rest breaks. See Pinedo Decl Para 3-4, 10. The cover letter accompanying the checks confirmed as much: “the totals for each [check] represent the full amount of back wages … [defendant] B...
2019.8.15 Demurrer 434
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.8.15
Excerpt: ...aintiff alleges that he was directed by the Defendants into the patient examination room where he lay down on the examination table awaiting a medical professional to see him. (Complaint ¶ 6.) The doctor opened the door to enter and apparently the door hit plaintiff's body, as he lay on the examination table. (Id.) Plaintiff alleges that the poor placement of the examination table in the examination room was a dangerous condition of the room. (C...
2019.8.8 Motion to Reopen Discovery 728
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.8.8
Excerpt: ...e necessity and the reasons for the discovery; (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar...
2019.8.8 Demurrer 540
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.8.8
Excerpt: ...p.4th 280, 291.) Unlike the tort of inducing breach of contract, interference with contractual relations does not require proof of a breach; it only requires proof of interference. (Pacific Gas & Electric Co. v. Bear Stearns & Co. (1990) 50 Cal.3d 1118, 1129.) Further, it is not necessary that the defendant's conduct be wrongful apart from the interference with the contract itself. (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26...
2019.8.8 Demurrer 966
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.8.8
Excerpt: ... it appears that he received the Demurrer and has waived the improper service. Farrar v. McCormick (1972) 25 Cal. App. 3d 701, 705. As for the Reply, the Court has no way of knowing if it was actually served via e-mail, or to what address it was sent. The Court hereby admonishes Plaintiff to follow the proper statutory procedures for proofs of service in the future. Additionally, the Court also notes that Plaintiff's meet and confer statement is ...
2019.8.8 Motion to Quash Service, for Judgment on the Pleadings 819
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.8.8
Excerpt: ... whether it has specific jurisdiction over Danielson. To establish specific jurisdiction, Aviana was required to show that 1) Danielson purposefully established contacts with California and 2) the claims here arise and are related to California-related claims. Aviana has done so. The evidence establishes that although Danielson lived in Illinois, he worked for Aviana, a California company, as an employee. He reported to Hansen and Ishikawa, both ...
2019.8.1 Motion to Compel Further Responses 986
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.8.1
Excerpt: ...job or contractor names, dates, invoice numbers, and amounts. The Special Interrogatories (“SROGs”) at issue inquired about specific entries or groups of entries in the Summary. The responses at issue as provided by Plaintiff are inadequate. For SROG No. 52, Plaintiff asserted that a response would require a compilation from “voluminous documents in plaintiff's possession,” referred MP to subpoenaed materials without specifying any specif...
2019.8.1 Motion for New Trial 257
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.8.1
Excerpt: ...des appeared for that hearing, and the application was granted on 6/27/19. But Plaintiff then failed to timely file or serve either his Opening Brief or his Reply. (See 6/27/19 M.O.) Plaintiff thus did not comply with the briefing requirements for this Motion. The Motion fails in any event on the merits. Plaintiff argues that under C.C.P. § 657(1), a new trial should be granted based on evidentiary rulings concerning testimony from Dr. Pressman ...
2019.7.25 Motion to Compel Further Responses 201
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.7.25
Excerpt: ...each/control. CCP §2030.220. Even if portions of an interrogatory are objectionable, the remaining answerable portion must be substantively addressed. CCP §2030.240; Best Products, Inc. v. Superior Court (2004) 119 Cal.App.4th 1181, 1188-1189. Form Rogs to Diane Stern Plaintiff contends that defendant's refusal to answer FRog 2.5 is a misuse of the discovery process. Therein, plaintiff asks for defendant's present and recent residence address(e...
2019.7.19 Demurrer, Special Motion to Strike 167
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.7.19
Excerpt: ...Cal.2d 596, 603 [“A cross-complaint is a pleading separate and apart form the answer, and is required to be complete and sufficient in itself. It cannot be aided by averments of the answer.”] Since combining the two is improper, and makes analysis of the cross-claims imprecise, the usual course of action is to strike the pleading sua sponte and give defendant leave to file separately an answer and cross- complaint. Doing so will moot the pres...
2019.7.19 Motion for Attorney Fees 380
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.7.19
Excerpt: .... As the prevailing party, Defendants are entitled to an award representing their fees and costs incurred in litigating the Anti-SLAPP motion pursuant to Code Civ. Proc. § 425.15(c).) Under this provision, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees. (Ketchum v. Moses (2001) 24 Cal. 4 th 1122, 1131.) This does not mean that the prevailing party is entitled to receive whatever it asks for, h...
2019.7.19 Motion to Compel Further Responses 880
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.7.19
Excerpt: ...e the 5/2/19 Order. Thus, the court admonishes Plaintiff, again. A. Special Interrogatories, Set One The court grants in part Plaintiff's Motion to Compel Further Responses to Special Interrogatories, Set One, as to Defendant KPC Healthcare Holdings, Inc. Defendant is ordered to provide a verified response, without objections to Nos. 13, 14, 15, and 18 only. The court denies each party's request for sanctions. The court denies the Motion as to No...
2019.7.18 Motion to Compel Arbitration 876
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.7.18
Excerpt: ... Agreement calls for arbitration to be submitted to Henning Mediation & Arbitration Service (“Henning”). Edgerton Decl., Ex. C - Partnership Agreement, Article XXVI § C, pg. 31-32. Apparently, Henning's only location is in Atlanta, Georgia. Hall Decl. ¶ 5. The Court also notes that even if the Partnership Agreement were not the document referenced in the Purchase Agreement, Plaintiff has provided no alternative document that the Purchase Ag...
2019.7.18 Motion to Compel Answers to Deposition Questions 599
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.7.18
Excerpt: ...ustification as well. (CCP § 2025.480(j).) MP shall give notice unless notice is waived. Deposition Question, regarding where the Defendant currently lives. There are highly divergent views of the alleged “incident” here, and as to who was the perpetrator or aggressor. The record reflects a basis for the Defendant to have concern. (See Opposing Exhibit 2 p. 136-137 and 142-143 and 106 – 110, 40-42, see Opposing Exhibit 4.). Further, a pers...
2019.7.18 Demurrer 852
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.7.18
Excerpt: ...rt is not limited to direct body-to-body contact. (See Mount Vernon Fire Insurance Corporation v. Oxnard Hospitality Enterprise, Inc. (2013) 219 Cal.App.4th 876, 881.) But the intent element requires that the defendant either intended to commit a battery or was substantially certain that battery would result from his/her conduct. (CACI 1320; Ashcraft v. King (1991) 228 Cal.App.3d 604, 613.) In the FAC, Plaintiffs assert that by sending them to an...
2019.6.27 Motion to Compel Further Responses 506
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.27
Excerpt: ...he employee's personnel file is off-limits. In California, discovery is purposefully broad. With certain exceptions, parties have a right to inquire about any matter which – based on reason, logic and common sense – might (1) be admissible, (2) lead to admissible evidence, or (3) reasonably assist that party in evaluating the case, preparing for trial and/or facilitating resolution. Children's Hospital Central California v. Blue Cross of Cali...
2019.6.27 Demurrer, Motion to Strike 004
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.27
Excerpt: ...estate. See 8:14- bk-13999. On 02/22/16, Hon. Lewis sustained Kinum's demurrer to the original fraudulent conveyance complaint, observing that the underlying debt upon which the claim rested (default judgment against Frank) had been vacated. On 08/29/16, Hon. Lewis again sustained Kinum's demurrer to the operative pleading, observing that the underlying bankruptcy court judgment upon which the debt rested had been vacated. On 03/30/17, this Court...
2019.6.27 Demurrer, Motion to Strike 964
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.27
Excerpt: ...COA are: (i) outrageous conduct by defendant, (ii) an intention by defendant to cause, or reckless disregard of the probability of causing, emotional distress, (iii) severe emotional distress, and (iv) an actual and proximate causal link between the tortious conduct and the emotional distress. (Nally v. Grace Community Church (1988) 47 Cal.3d 278, 300.) The conduct must be so extreme “as to exceed all bounds of that usually tolerated in a civil...
2019.6.27 Demurrer 404
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.27
Excerpt: ...s dispute the applicability of the equitable tolling doctrine. (Reply, at p. 4.) When the plaintiff is relying on a theory of fraudulent concealment, delayed accrual, equitable tolling, or estoppel to save a cause of action that otherwise appears on its face to be time-barred, the plaintiff must specifically plead facts which, if proved, would support that theory. (Lantzy v Centex Homes (2003) 31 Cal.4th 363, 384–385; Mills v Forestex Co. (2003...
2019.6.20 Motion for Attorney's Fees 060
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.20
Excerpt: ...4,045 in attorney's fees and $787.58 in costs, for a total of $34,832.58, plus a 1.25 multiplier. The hourly rates claimed appear reasonable here, in light of the experience and expertise of counsel, the contingent nature of the claim, and the attendant delays in potential recovery. The number of hours devoted to the case for the services rendered also appear reasonable under the circumstances here. Jaguar argues that the hours billed are excessi...
2019.6.20 Motion to Disqualify Counsel 049
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.20
Excerpt: ...rported to act in court, as a guardian ad litem (GAL) for his mother, even though the son was not formally appointed a GAL. Plaintiff alleges that the orders that issued in the case concerning payment of legal fees and spousal support, are void therefore. He is seeking a declaration that orders were void and to have the son pay for the alimony and legal fees that were ordered in the family court. Plaintiff is suing the son, Defendant Sridhar Redd...
2019.6.20 Motion to Deem RFAS 294
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.20
Excerpt: ...discovery, professional courtesy generally warrants allowing one. In another context, the DCA has recently said: “The policy of the state is that the parties to a lawsuit ‘shall cooperate.' Period. Full stop.” (LaSalle v. Vogel 2019 ___ Cal. Rptr. 3d ___ (June 11, 2019, No. G055381) 2019 WL 2428668, at *1 (published, pending citation). The Court continued, “We conclude by reminding members of the Bar that their responsibilities as officer...
2019.6.20 Motion to Set Aside Default, Judgment 324
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.20
Excerpt: ...seeking. Plaintiff did not oppose the motion substantively. Instead, plaintiff contends that the motion was not properly served or timely noticed – requiring a continuance of the hearing. The matter was continued to this date to permit further briefing. The Court has now looked to the further briefing and issues the 2nd tentative. Pursuant to CCP §473.5, “when service of a summons has not resulted in actual notice to a party in time to defen...
2019.6.13 Motion to Compel Compliance 240
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.13
Excerpt: ...scope of the responses thereto, which were not produced, and that reasons existed to compel further production for these, then the Court reasonably required and requested a separate statement in accordance with CRC 3.1345(c). After the Motion was filed, MP filed a Separate Statement, however, the document is transforming the matter into another dispute, namely one to compel a further response – for some 45 RFPs approximately. The Separate State...
2019.6.13 Demurrer 177
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.13
Excerpt: ...pleading which are judicially noticeable under Evidence Code §§ 451 or 452. The complaint is read as a whole: material facts properly pleaded are assumed true; contentions, deductions or conclusions of fact/law are not. Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Jenkins v. JP Morgan Chase Bank, NA (2013) 216 Cal.App.4th 497, 506. In general, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary ...
2019.6.13 Motion for Attorneys' Fees 028
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.13
Excerpt: ...nded are reasonable. These circumstances may include, but are not limited to, factors such as the complexity of the case and procedural demands, the skill exhibited and the results achieved. If the time expended or the monetary charge being made for the time expended are not reasonable under all the circumstances, then the court must take this into account and award attorney fees in a lesser amount. The prevailing party has the burden of showing ...
2019.6.6 Motion to Tax Costs 681
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.6
Excerpt: ... entitled to recover costs as a matter of right. The allowed costs are enumerated in CCP § 1033.5(a) and discretionary items are also permitted under § 1033.5(c). Defendant's verified memorandum of costs is prima facie evidence that the costs were proper and necessarily incurred. (Adams v. Ford Motor Co. (2011) 199 Cal.App.4th 1475, 1486; Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 856.) There is no requirement for the Defendant...
2019.6.6 Motion for Leave to File Amended Complaint470
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.6
Excerpt: ...:  Specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and  Include with the moving papers:  a copy of the proposed amended pleading; and  a declaration specifying: 1. the effect of the amendment(s); 2. why the amendment is necessary and proper; 3. when the facts giving rise to the amended allegations were discovered; and 4. the reasons why the request was not made earl...
2019.6.6 Motion for Protective Order 592
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.6
Excerpt: ...ed her Complaint for damages on July 12, 2018 alleging sexual harassment, retaliation, failure to take all reasonable steps to prevent discrimination and harassment, negligent supervision, intentional infliction of emotional distress, quid pro quo sexual harassment, and breach of the covenant of good faith and fair dealing. The plaintiff alleges that the defendant told her that his wife was no longer having sexual relations with him. Authorities:...
2019.6.6 Motion to Set Aside Default, Judgment 324
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.6
Excerpt: ...Plaintiff did not oppose the motion substantively. Instead, plaintiff contends that the motion was not properly served or timely noticed – requiring a continuance of the hearing. The pending motion was filed on 05/03/19, but not served upon plaintiff until 05/15/19. The papers were served via regular US Mail. Minimum statutory notice for a motion is 16 court days. CCP §1005(b). When service is made by regular US mail, 5 additional calendar day...
2019.6.6 Motion to Reopen Discovery 671
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.6
Excerpt: ...2024.050(a), on motion of any party, the Court “may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set.” Further, in exercising its discretion to grant or deny such a request, the Court should consider: (1) The necessity and the reasons for the discovery; (2) The diligence of the party seeking the discovery�...
2019.6.6 Motion for Termiinating Sanctions 694
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.6
Excerpt: ...sanctions tailored to the harm caused by the misuse of the discovery process and should not exceed what is required to protect the party harmed by the misuse of the discovery process. (Lopez, supra, at p. 604.) Therefore, sanctions are generally imposed in an incremental approach, with terminating sanctions being the last resort. (Ibid.) However, even under the Civil Discovery Act's incremental approach, the trial court may impose terminating san...
2019.6.6 Motion for Attorneys' Fees 540
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.6
Excerpt: ...dentified attorneys in moving exhibit A, whose rate the Court is reducing to $300 per hour (- 3,600). Added to this, is 14 hours for reasonable work for this fee proceeding (14 x 425 = + 5,950) and finally, 25 hrs. are added for reasonable paralegal time at the reasonable rate of $125/hrs. to cover the range of work that is described in moving exhibit A (25 x 125 = +3,125). Preliminary Matters The papers indicate that case has settled. Plaintiff ...
2019.6.6 Motion for Judgment Notwithstanding Verdict 772
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.6.6
Excerpt: ...ehensive discussion is still warranted. The jury found in Cannivet's favor on his cross-complaint for breach of contract and quantum meruit, based on his proof of a joint venture with Palo. These findings are challenged herein. It should be noted since the time of the jury verdict on Cannivet's cross-complaint, this Court ruled against Cannivet on his various remaining equitable claims, as follows:  On Cannivet's cause of action for promissory...
2019.5.30 Motion for Reconsideration, for Arbitration 013
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.30
Excerpt: ...to allow the matters to be heard together and it would allow the Court to have a fuller record. The Defendants' arbitration motions were pending in the case for some three months' time. Judicial notice is taken of the records of the case in relation to these matters. (See Evidence Code § 452(d); see Dillard v. McKnight (1949) 34 Cal.2d 209, 218 (“a trial court is bound to take judicial notice of its own records in the same action”); Nichols ...
2019.5.30 OSC Re Dismissal 573
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.30
Excerpt: ...triking the complaint and dismissing the action and assessing reasonable attorneys' fees and costs, on the grounds that: (a) Plaintiff failed to provide sufficient Notice to the Defendant before filing the lawsuit; (b) the Complaint is without factual or legal merit and was filed primarily for an improper purpose to harass and extort money from the Defendant; (c) Plaintiff failed to comply with statutory notice to Defendant; and (D) deficient Ser...
2019.5.30 Motion to Continue Trial 819
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.30
Excerpt: ... request for a continuance must be considered on its own merits.” (Id., at rule 3.1332(c).) Moreover, on motion of any party, the court may “reopen discovery after a new trial date has been set[.]” (Civ. Proc. Code § 2024.050(b).) The court may grant a continuance when good cause is shown, by circumstances including the following: • A party's excused inability to obtain essential testimony, documents, or other material evidence despite d...
2019.5.30 Motion to Compel Arbitration , to Appear Pro Hac Vice 033
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.30
Excerpt: ...on, it had not yet been approved. Second, the Motion as filed is defective on its face, as it did not state the date and time of the hearing or identify the papers upon which it would be based, as required by C.C.P. § 1010 and CRC 3.1110(b),or the date of the filing of the action, as required by CRC 3.1110(b). However, as Plaintiff responded on the merits, those defects are waived. (See Tate v. Superior Court (1975) 45 Cal.App.3d 925, 930 and Ca...
2019.5.30 Motion for Summary Judgment, Adjudication 908
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.30
Excerpt: ...inventory levels. The job required occasional walking, but was otherwise sedentary. Her supervisor was Patrick Murphy. On 10/17/17, plaintiff sustained an achilles tendon injury to her left foot while competing in a roller derby match. She requested, and was granted, an initial leave of absence through 10/31/17. She thereafter requested unpaid leave through 02/11/18. Defendant agreed to hold plaintiff's position though 01/31/18 – noting that pl...
2019.5.16 Demurrer, Motion to Strike 523
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.16
Excerpt: ... naming Jian Guo as the Doe 1 masseuse. Doe 1 is referenced numerous times throughout the operative first amended complaint and there are factual allegations against Doe 1 as the masseuse who allegedly assaulted the plaintiff. On 12/7/18 the plaintiff filed a Doe Amendment naming demurring defendant Massage Envy Franchising, LLC as Doe 2. The first amended complaint fails to make any allegations against Doe 2 generally or specifically. Doe 2 is n...
2019.5.16 Motion for Determination of Good Faith Settlement 671
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.16
Excerpt: ...ortfeasors. Cal. Code Civ. Proc. § 877.6(c). When the good faith basis for the settlement is contested, the moving party must make a sufficient showing of the Tech-Bilt factors. That showing may be made either in the original moving papers or in counter declarations filed after the non-settling defendants have filed oppositions challenging the good faith settlement. City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1262. A part...
2019.5.16 Motion to Compel Further Responses 934
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.16
Excerpt: ...sue is directly relevant to their claim that this suit was brought in bad faith, the business judgment rule defense, and compliance with a non-compete provision in the Partnership Agreement. But how Plaintiffs' other investments over the past 25 years have performed does not appear to have any bearing on whether this action was brought in good faith or has merit. Plaintiffs' other investments are also irrelevant to whether the business judgment r...
2019.5.16 Motion to Dismiss Complaint 734
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.16
Excerpt: ... 146–148 Plaintiff has not met its “substantial burden” of showing that the forum selection clause is unfair, unreasonable, or violates California public policy. Ibid. Because this is a mandatory forum selection clause, the Court does not undertake the forum non-conveniens analysis. Ibid. Had it done so, however, the evidence presented here is insufficient on its face to establish that Arizona venue is improper in any respect. There is no s...
2019.5.9 Demurrer 508
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.9
Excerpt: ...sue, the Court here has considered the Demurrer on the merits. On the merits, the COA as pled is barred by the Economic Loss Rule. Under the Economic Loss Rule, where a purchaser's expectations are frustrated because the product is not working properly, his remedy is in contract alone, for he has suffered only “economic” losses. (State Ready Mix, Inc. v. Moffatt & Nichol (2015) 232 Cal.App.4th 1227, 1232; Robinson Helicopter Co., Inc. v. Dana...
2019.5.9 Application for Right to Attach Order and Related Relief 426
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.9
Excerpt: ...nt due is fixed and readily ascertainable by a standard governing a contract sued upon, and other requirements. CCP §§ 483.010, 484.090. The Application papers did not have a brief to address the statutory criteria and show how they are each satisfied. Since this is considered to be a significant remedy and subject to strict construction (see Kemp Bros. Constr., Inc. v. Titan Elec. Corp. (2007) 146 Cal.App.4th 1474, 1476; Pacific Decision Scien...
2019.5.9 Demurrer 006
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.9
Excerpt: ... Amended Complaint. The notice is a nullity, and plaintiffs' subsequent attempt to file that amended pleading was also a nullity. Pursuant to CCP §472(a), “a party may amend its pleading once without leave of the court … before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date ...
2019.5.9 Demurrer 177
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.9
Excerpt: ...ty against the LLC defendants, only box-checking. Checking too many boxes is a common occurrence with a Judicial Council form complaint, and risky in light of CCP §128.7. Nevertheless, it happens all the time. Plaintiff has checked every box under Para MV-2, which exposes the LLC defendants to direct liability for actually operating the subject vehicle, as well as negligently entrusting it to the defendant driver, negligently employing the defen...
2019.5.9 Motion to Quash Service of Summons 127
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.9
Excerpt: ...omson v. Anderson (2003) 113 Cal.App.4th 258, 266.) In addition to the evidence and the arguments in the Motion, the Court noted the existence of Hawaii choice-of-law clauses in the promissory notes, as well as what appears to be a mandatory forum selection clause within the August 2017 (settlement) agreement, that dictates that the courts of Hawaii shall have exclusive jurisdiction to hear any disputes arising out of the agreement. (See Complain...
2019.5.2 Motion to Compel Arbitration, for Stay of Proceedings 771
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.2
Excerpt: ...ement may be enforced here over the former client's objection, only if a copy was timely provided to the client and the agreement applies to the representation here at issue. Plaintiff contends that he was not timely provided with a copy of the agreement. (See Glickman Decl. filed with Opp.) Defendants respond that a copy was provided on the day the agreement was signed. (Krolikowski Decl.¶¶ 4-6.) But even if Defendants' claim is credited, the ...
2019.5.2 Motion for Summary Adjudication 819
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.2
Excerpt: ...this regard, the Separate Statement is an important document and a difficult one to prepare correctly. (See Civ Proc. Before Trial ¶ 10:94.1 (Rutter Group 2018).) A court may quickly determine if a summary disposition can be granted by seeing if any material fact is in dispute and may not dispose of the Issue, where there is a proper dispute regarding any supporting material fact. (See Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 2...
2019.5.2 Demurrer 936
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.2
Excerpt: ... Trust Amendment and so must be addressed – if at all - in the Probate Court. However, COA 1 asserts a financial elder abuse claim. A financial elder abuse claim differs from a probate action, and W&I Code §15610.30(c) specifically permits a claim for financial elder abuse where an elder “is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest...” A COA for financial elder abuse may...
2019.5.2 Motion to Amend Court Order 230
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.2
Excerpt: ...ars later plaintiff alleged an inability to work based on unrelenting, work-related back pain. A dispute arose, leading to the pending civil action for breach of contract, wage/hour violations, and unfair competition. On 04/02/14 (augmented on 05/07/15), this Court signed a stipulated agreement between the parties to submit the dispute to arbitration. The selected arbitrator was John McCauley, Esq. The dispute was heard over several days. A final...
2019.4.25 Demurrer, Motion to Strike 004
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.25
Excerpt: ...estate. See 8:14-bk-13999. On 02/22/16, Hon. Lewis sustained Kinum's demurrer to the original fraudulent conveyance complaint, observing that the underlying debt upon which the claim rested (default judgment against Frank) had been vacated. On 08/29/16, Hon. Lewis again sustained Kinum's demurrer to the operative pleading, observing that the underlying bankruptcy court judgment upon which the debt rested had been vacated. On 03/30/17, this Court ...
2019.4.25 Motion to Compel Further Responses 618
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.25
Excerpt: ...rd Amended Complaint that the moving Defendant “malnourish[ed] patients in an effort to increase profits while actively seeking to fill the facility with patients in need of high levels of care to generate more revenue”. (3rd AC ¶ 86.) If the allegation was mean to refer to the HME defendants, then Plaintiff reasonably should concede this in the further response. Otherwise, Plaintiff should provide the information requested. Although the Cou...
2019.4.25 Motion for Summary Adjudication 403
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.25
Excerpt: ... and/or judgment. The operative pleading is the Fifth Amended Complaint. The causes of action contained therein at issue in this pending motion are the 3rd COA for negligent undertaking, the 4th COA for intentional interference with prospective economic advantage, the 6th COA for slander of title, and the 7th COA for unfair business practices. At issue is whether there exists a legal basis for plaintiff – a stranger to an imperfect real estate ...
2019.4.25 Motion for Sanctions 573
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.25
Excerpt: ...change of address or unit number, or to have emailed the moving papers to Plaintiff at the email address listed on the caption of the Complaint. It thus appears that Plaintiff did not receive notice of the motion. Nor does the Motion demonstrate that the requested relief is warranted under C.C.P. § 128.7. Although MP argues that service was not properly effectuated on the corporate defendant, that is not a basis for dismissal under § 128.7 - an...
2019.4.25 Motion for Judgment on the Pleadings 443
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.25
Excerpt: ... to be something else. Nor are the causes of action separately stated in compliance with Rule 2.112 of the California Rules of Court. The property at issue in the pleading is also not identified or described. Plaintiff(s) alleges that the property is located at the SE Corner of Carpenter and Second Ave, Carmel by the Sea, California. To the extent that it is, it appears to be in Monterey County, California - not Orange County, California. In addi...
2019.4.11 Special Motion to Strike 962
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.11
Excerpt: ...ntional interference on the basis that it arises from protected activity. Before drilling down into the claim itself, it is necessary to briefly revisit other lawsuits touching upon 21411 Vista Drive in Rancho Santa Margarita. The home is owned in trust by Jennifer Loeffler (hereinafter “Loeffler”), who previously lived there with her common law husband Attorney Steven Radar (hereinafter “Radar”). The home is now leased as a sober living ...
2019.4.11 Motion to Expunge Lis Pendens 426
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.11
Excerpt: ...s pendens can be recorded and the serious consequences flowing from it.” (Campbell v. Superior Court (2005) 132 Cal.App.4th 904, 913.) A number of cases have expressed the following principle: “a claim that seeks an interest in real property merely for the purpose of securing a money damage judgment does not support the recording of a lis pendens.” (Campbell v. Superior Court (2005) 132 Cal.App.4th 904, 912; Wardley Development Inc. v. Supe...
2019.4.4 Motion for Reconsideration 359
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.4
Excerpt: ... which the remaining claims would proceed – i.e. that there would be no stay on the remaining claims to be litigated in this court. Defendants do not dispute that this was so. The responding defendants changed their position on that after the hearing. That change in circumstances could not have been presented for the prior hearing, as it had not yet occurred. Plaintiff has thus shown a new “fact” or “circumstance” which is at least argu...
2019.4.4 Motion to Quash Subpoenas for Medical Records 183
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.4
Excerpt: ...ndants were substantially justified in opposing this motion. The parties are ordered to meet and confer to draft and execute a protective order to preserve the plaintiff's privacy rights and limit the use of the plaintiff's medical records to the litigation of this case. Subpoenas: 1. HOAG Memorial Hospital: Defendant seeks all documents and records, from 6/11/2016 to present for plaintiff. 2. HOAG Memorial Hospital (Billing): Defendant seeks any...

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