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2019.4.29 Petition to Vacate Arbitration Award 289
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.29
Excerpt: ...subject to judicial review as a general rule. (Moncharsh v Heily & Blase (1992) 3 Cal.4th 1, 6, 10–11.) More specifically, courts may not review the validity of an arbitrator's reasoning or the sufficiency of the evidence supporting the arbitrator's award. (Id. at 11.) Judicial review of an arbitration award is limited exclusively to the statutory grounds for vacating or correcting the award. (Id. at 27– 28.) Plaintiffs contend that the arbit...
2019.4.29 Motion to Compel Neuropsychological Exam 869
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.29
Excerpt: ...europsychological examination with George K. Henry, Ph.D. at Dr. Henry's office in Los Angeles. Dr. Henry's assistant or Plaintiff's mother and guardian ad litem, Jacquelyn Negrete, may be present at the neuropsychological examination and the examination may be recorded by audiotape. Defendant's objection nos. 1, 3, 4, and 6 are sustained. Defendant's remaining objections are overruled. Defendants contend that California case provides that the pr...
2019.4.29 Motion for Summary Judgment 649
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.29
Excerpt: ... but not as to the truth of the facts asserted within those documents. Plaintiff's evidentiary objections are denied. Moving Defendants' Objections Nos. 1-4, 6, and 7-10 are sustained, while all other objections are overruled. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the pl...
2019.4.29 Demurrer 469
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.29
Excerpt: ...have 15 days leave to amend. First Cause of Action for Unlawful Business Practices Plaintiff's first cause of action for unlawful business practices alleges that the Williams Defendants and Western Surety conspired with each other to illegally allow Don Williams to perform services as a principle contractor enough though his license had been revoked in 2011. (Compl., ¶ 6.) Plaintiff further alleges that Western Surety guaranteed the work of the ...
2019.4.29 Demurrer 267
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.29
Excerpt: ...ith leave to amend. The elements of a cause of action for breach of contract are: (i) existence of the contract; (ii) Plaintiff's performance or excuse for nonperformance; (iii) Defendant's breach; and (iv) damage to plaintiff resulting therefrom. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811.) Here, the Complaint attaches a copy of the parties' Agreement as Exhibit A. The Complaint also alleges that Defendant BSB breached the written ...
2019.4.22 Motion to Strike Punitive Damages 749
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.22
Excerpt: ... serious injury to others. (Taylor v. Superior Court (1979) 24 Cal.3d 890, 893-96; Lackner v. North (2006) 135 Cal.App.4th 1188, 1210; Peterson v. Superior Court (1982) 31 Cal. 3d 147, 163.) Moving party to give notice. ...
2019.4.22 Motion to Strike or Tax Costs, to Compel Payment of Expert Witness Deposition Fees 947
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.22
Excerpt: ...els, Enlargements & Photocopies: $6,881.05 for costs for records retrieval for subpoenaing records for trial; Item 16: Other: $6,219.11 for local travel and transportation expenses. Premature Filing of Memorandum of Costs: Defendant's cost bill was filed a few days before the Notice of Entry of Judgment. “[T]ime limitations pertaining to a memorandum of costs are not jurisdictional . . . and the premature filing of a memorandum of costs is trea...
2019.4.22 Motion to Compel Further Responses, to Deem Facts Admitted 634
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.22
Excerpt: ...s for Admission, the four discovery motions to compel are moot, except for sanctions. For the Motions to Compel Form Interrogatories, Special Interrogatories, Requests for Production, the Court declines to impose sanctions. Pursuant to Code Civ. Proc., § §2030.300 (d) & 2031.300 (c), the court finds that it would be unjust to impose sanctions based on the circumstances of this case. Due to a breakdown in the relationship with Plaintiff's former...
2019.4.22 Motion for Summary Judgment, Adjudication 193
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.22
Excerpt: ...element of' the ‘cause of action' in question has been ‘proved,' and hence that ‘there is no defense' thereto. [Citation.]” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850; Code Civ. Proc. § 437c, subd. (p)(1).) “Once the plaintiff ... has met that burden, the burden shifts to the defendant ... to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant ...
2019.4.15 Demurrer 765
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.15
Excerpt: ...); (b) knowledge of falsity (or scienter); (c) intent to defraud, i.e. to induce reliance; (d) justifiable reliance; and (e) resulting damage. (Lazar v. Superior Court (1996) 12 Cal. 4th 631, 638.) “Fraud must be pleaded with specificity rather than with ‘general and conclusory' allegations. (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248.) “General and conclusory allegations do not suffice.” (Lazar v. Superior Court (1...
2019.4.15 Demurrer 358
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.15
Excerpt: ...secrets claim. (K.C. Multimedia, Inc. v. Bank of Am. Tech. & Operations, Inc. (2009) 171 Cal.App.4th 939, 958.) Depending on the particular facts pleaded, the statute can operate to displace claims such as breach of confidence, interference with contract, and unfair competition. (Id. at 958- 59.) The CUTSA “by its terms does not displace a contract claim, even if it is based on the misappropriation of a trade secret.” (Angelica Textile Servs....
2019.4.15 Motion to Compel Physical Exam 329
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.15
Excerpt: ...as waived her right to privacy over the personal injuries she has put at issue in this case. (See Palay v. Super. Ct. (1993) 18 Cal.App.4th 919, 934 [disapproved on other grounds in Williams v. Super. Ct. (2017) 3 Cal.5th 531, 556-557]; Reuter v. Super. Ct. (1979) 93 Cal.App.3d 332, 340; Vinson v. Super. Ct. (1987) 43 Cal.3d 833, 842.) Further, while Defendants need not show good cause for the examinations, they have done so by providing evidence...
2019.4.9 Motion for Summary Judgment 728
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.9
Excerpt: ... the documents and does not extend to the truth of any disputed factual matters therein. Defendants' objections to the Declaration of the City of San Bernardino are overruled. The court declines to rule on Defendants' remaining objections as they are not material to the disposition of the summary judgment motion. Plaintiff alleges that Defendants owed Plaintiff the level of skill and care that a reasonably careful lawyer would use in similar circ...
2019.4.9 Demurrer, Motion to Strike 302
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.4.9
Excerpt: ...upreme Court nor any California court of appeal has determined whether the Unruh Act applies to public schools. Several federal courts, however, have considered the issue. It appears that the majority of them have determined that the Unruh Act applies to public schools. (Yates v. East Side Union High School District (N.D. Cal., Feb. 20, 2019) 2019 WL 721313, at *3; Z. T. by and through Hunter v. Santa Rosa City Schools (N.D. Cal., Oct. 5, 2017) 2...
2019.3.25 Motion to Compel Production of Docs 189
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.3.25
Excerpt: ...“Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding party have agreed in writing, the demanding party waives any right to compel a further response to the demand.” (Emphasis added). “The failure to make this motion within the specified period constitutes a waiver of any rig...
2019.3.25 Motion to Compel Further Responses 367
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.3.25
Excerpt: .... (Coy v. Sup.Ct. (1962) 58 Cal.2d 210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (2000) 22 Cal.4th 245, 255.) Here, Plaintiff files a timely motion, so the burden falls to C&D to justify its objections. C&D fails to meet its burden to justify objections based on relevance, burden, oppression, harassing, information equally available to Plaintiff, and third-party privacy. (O'Mary v. Mitsubishi Electronics America, Inc. (1997) 59 Cal.App.4th 563, 573-...
2019.3.25 Motion to Compel Arbitration 882
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.3.25
Excerpt: ...s at issue here are covered by that agreement, and that Plaintiff refused a prior demand for arbitration. (Code Civ. Proc., § 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230; see Kramer Decl. ¶ 3, Ex. A.) The arbitration agreement covers “all disputes” under the Agreement, including claims of fraud in the inducement. (Civ. Code, §§ 1638-1639; Ericksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak Street (1983) 3...
2019.3.25 Motion for Summary Judgment, Adjudication 446
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.3.25
Excerpt: ...d cells, white blood cells and platelets), liver cirrhosis, psychiatric disorder, esophageal varices (abnormal, enlarged veins in lower esophagus), portal hypertension gastritis, and splenomegaly (enlarged spleen). At the time when Dr. Cheng examined Nashed, he had a chronic pre-existing subdural hematoma. Plaintiffs' main contention is that Dr. Cheng should have ordered a MRI or CT Scan with would have led to an earlier discovery of the subdural...
2019.3.25 Motion for Relief from Default 601
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.3.25
Excerpt: ... showing by an attorney declaration of mistake, inadvertence, surprise or neglect is mandatory. Here, Defendant' counsel has made a showing of surprise. Defendant's counsel did not know that Defendant was served until after the default was entered. Plaintiff's counsel, however, did not warn Defendant's counsel before requesting entry of Defendant's default, despite the fact that Plaintiff's counsel apparently knew the identity of Defendant's coun...
2019.3.25 Motion for Judgment Notwithstanding the Verdict, or for New Trial 947
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.3.25
Excerpt: ...ecifically, Plaintiff argues that the “the jury's verdict was that Plaintiff suffered no injury during the crash.” (Motion at 13:8.) This is incorrect. The jury's verdict states that Defendant was negligent but Defendant's negligence was not “a substantial factor in causing harm to Plaintiff.” (Special Verdict Form at p. 1.) Plaintiff argues that, because injury occurred as a result of the collision, then there cannot be a “no substanti...
2019.3.25 Application for Right to Attach Order 905
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.3.25
Excerpt: ...act. “'The Attachment Law statutes are subject to strict construction . . . .'” Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106. Code Civ. Proc., § 483.010 (a) provides that “an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied . . .” The original Loan Agreement listed SkyBell as the borrower. (Exhibit A to Complaint). ...
2019.3.11 OSC Re Dismissal of Complaint 778
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.3.11
Excerpt: ...n for failure to dismiss for failure to comply with Local Rule 317, Plaintiff dismissed the Complaint and Cross- Complainant dismissed the Cross- Complaint without prejudice. Subsequently, Plaintiff dismissed the First Amended Complaint withoutprejudice. The court set this hearing to determine if these pleading should be dismissed with prejudice. “[A] plaintiff cannot defeat a defendant's right to obtain a determination on the merits by simply ...
2019.3.11 Motion for Summary Adjudication 446
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.3.11
Excerpt: ...y of Orange. (Defendant's Exhibit C) substantially complied with the claim filing requirement. “The requirement for advance notice of the claim has at least three purposes. First, it provides the public entity with sufficient information to enable it to perform an adequate investigation of the claim and, if appropriate, settle it without the expense of litigation. . . . Second, the written claim informs the public entity of potential liability ...
2019.3.11 Motion for Reconsideration 760
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.3.11
Excerpt: ...order,” because Plaintiff did not provide any “new or different facts, circumstances or law,” and because the Court loses jurisdiction to rule on a pending motion for reconsideration after entry of judgment. (APRI Ins. Co. v. Sup.Ct. (Schatteman) (1999) 76 Cal.App.4th 176, 181.) Insofar as the Motion is one for relief under Code Civ. Proc. § 473(b), Plaintiff correctly points out that a Notice of Errata was filed on December 6, 2018, which...
2019.3.11 Demurrer 374
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.3.11
Excerpt: ...ation). Responding Party Plaintiff Ken Stuart. Ruling: Defendants' demurrer is sustained in its entirety. Plaintiff shall have 15 days leave to amend. Defendants' request for judicial notice is granted. Res Judicata/Claim Preclusion “A clear and predictable res judicata doctrine promotes judicial economy. Under this doctrine, all claims based on the same cause of action must be decided in a single suit; if not brought initially, they may not be...

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