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2019.11.18 Motion to Quash Deposition Subpoena and Issue Protective Order 849
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.11.18
Excerpt: ...quash despite Basix Surfaces West, Inc.'s (“BSW”) failure to provide a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should be compelled. (Cal. R. Ct., rule 3.1345(a)(5).) Upon a motion reasonably made by a party, the court may quash, modify or direct compliance with a subpoena for production of documents. (Code Civ. Proc. § 1987.1, subd. (a), (b).) The court �...
2019.11.18 Motion to Compel Further Responses 181
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.11.18
Excerpt: ... of record, Dominque N. Westmoreland, jointly and severally, shall pay sanctions in the amount of $610.00 to D. Sieveke within 30 days of service of Notice of Ruling. If a party to whom interrogatories are directed fails to serve a timely response: (1) the party who has failed to provide a timely response waives any right to exercise his right to produce writings under section 2030.230; and (2) the party propounding the interrogatories may move f...
2019.11.18 Demurrer 147
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.11.18
Excerpt: ...aim. Equitable Tolling: Plaintiff's filing on the union grievance permits equitable tooling to delay filing the Complaint. “[I]f an employee voluntarily chooses to pursue the internal remedy, the time for filing charges with the DFEH or EEOC is equitably tolled: ‘[T]he exhaustion of administrative remedies will suspend the statute of limitations even though no statute makes it a condition of the right to sue.'” McDonald v. Antelope Valley C...
2019.11.4 Motion for Summary Judgment 728
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.11.4
Excerpt: ... of any disputed factual matters therein. This is a legal malpractice matter. The Underlying Action involves a December 26, 2013 sale by Jerome and Susan Biddle to Plaintiff of a building and real property located at 338 West 7th Street, San Bernardino, California (the “Property”). (Def. UMF No. 3.) In the instant action, Plaintiff alleges that Defendants owed Plaintiff the level of skill and care that a reasonably careful lawyer would use in...
2019.11.4 Motion for Summary Judgment 285
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.11.4
Excerpt: ...erial fact. “In general, [w]hether a given set of facts and circumstances creates a dangerous condition is usually a question of fact and may only be resolved as a question of law if reasonable minds can come to but one conclusion.” Peterson v. San Francisco Community College Dist. (1984) 36 Cal.3d. 799, 810 (Footnote omitted.).) This case represents an exception to the general rule. On June 28, 2019, Huckey v. City of Temecula (2019) 37 Cal....
2019.11.4 Motion for Change of Venue 970
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.11.4
Excerpt: ...t designated in the complaint is not the proper court.” [CCP §§ 396b, 397(a) (emphasis added)] The strict timing requirements of CCP § 396b (transfer motion to be filed at time answer is due) do not affect a party's right to seek transfer under § 397 (transfer for failure to commence suit in proper court). [Walt Disney Parks & Resorts U.S., Inc. v. Sup.Ct. (Galvan) (2018) 21 Cal.App.5th 872, 879-880, 230 CR3d 811, 816]. Here, the motion is ...
2019.10.28 Motion to Strike 318
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.10.28
Excerpt: ...ultimate facts to show it is entitled to such relief. Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166. Conclusory characterization of defendant's conduct as intentional, willful, and fraudulent is a patently insufficient statement of “oppression, fraud, or malice” within the meaning of §3294. Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872. Regardless of relaxed pleading criteria, “allegations that the Defendant's conduct was w...
2019.10.28 Motion to Quash Discovery Subpoena 849
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.10.28
Excerpt: ...on for protective order is DENIED as moot. (Code Civ. Proc., § 2017.020.) The court exercises its discretion to consider the motion to quash despite Defendant's failure to provide a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should be compelled. (Cal. R. Ct., rule 3.1345(a)(5).) Upon a motion reasonably made by a party, the court may quash, modify or direct compl...
2019.10.28 Motion for Summary Judgment, Adjudication 484
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.10.28
Excerpt: ... as a motion for summary judgment. Defendants' Notice of Motion states that Smith and Brown move for “an order granting Defendants' Motion for Summary Judgment as to Plaintiff Martha Torres' Complaint and for cost of suit incurred herein and such other relief as may be just.” (Def. Notice of Motion, 2:2:8-11.) The Notice also states: “The motion will be based on this Notice of Motion for Summary Judgment … and any and all evidence or argu...
2019.10.28 Demurrer, Motion to Strike 423
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.10.28
Excerpt: ...ities to amend his Complaint against the City of Anaheim and its personnel. The Fourth Amended Complaint of 176 pages still falls far short of pleading viable causes of action. Uncertainty: Code Civ. Proc., § 430.10 (f) authorizes a Demurrer when the “The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” Despite the four amendments, the pleading is still so uncertain that it is incompre...
2019.1.28 Demurrer 285
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.1.28
Excerpt: ...enied as to the remainder of the documents because it is unnecessary to ask the Court to take judicial notice of materials previously filed in this case. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2016) ¶ 9:53.1a.) First Cause of Action (Breach of Contract) It is not clear whether the contract that Plaintiff is alleging Defendan...
2019.1.28 Demurrer, Motion to Strike, for Sanctions 423
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.1.28
Excerpt: ...on to Strike to the original Complaint are moot and off calendar. Plaintiff's Motions for Sanctions under CCP 128.5 and 128.7 are DENIED. “'A defendant who files a special motion to strike bears the initial burden of demonstrating that the challenged cause of action arises from protected activity.' . . . In City of Cotati v. Cashman (2002) 29 Cal.4th 69, 78, 124 Cal.Rptr.2d 519, 52 P.3d 695 (Cotati), the California Supreme Court explained: “[...
2019.1.28 Motion to Compel Arbitration 759
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.1.28
Excerpt: ... sustained in part and overruled in part as follows: Objection No. 3 sustained only as to “that Mr. Lemus dated and signed on” (Gray Decl. at 3:8-9) and “that he dated and signed that day” (Gray Decl. 3:11- 12). Objection No. 4 sustained only as to “that Mr. Lemus dated June 18, 2014, and that he signed” (Gray Decl. at 3:18) and “that he signed and dated June 18, 2014, and” (Gray Decl. at 3:20). Objection No. 6 sustained only as t...
2019.1.28 Motion for Summary Judgment, Adjudication 080
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.1.28
Excerpt: ... of Code Civ. Proc., § 437c (h). First Cause of Action for Discrimination (Age & Disability): Issues Nos. 1 to 8: “[T]he plaintiff the initial burden to establish a prima facie case of discrimination. . . . [T]he burden shifts to the employer to rebut the presumption by producing admissible evidence, sufficient to ‘raise[] a genuine issue of fact' and to ‘justify a judgment for the [employer],' that its action was taken for a legitimate, n...
2019.1.28 Motion to Strike 362
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.1.28
Excerpt: ...t against public participation]. “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 v. Sletten (2002) 29 Cal.4th 82, 89.) Protected Activity A defendant meets its burden of showing the challenged cause of action arises from protected activity by demonstrating...
2019.1.28 OSC Re Issuance of Preliminary Injunction 508
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2019.1.28
Excerpt: ...filed any proof of service of process as to Defendants Oklevueha Native American Church of 7 Generations, Darren D'Assis, Sam Kuk Lee, Loc H. Huynh, Brent David Fraser, Matthew Pappas. In the absence of service of summons, this court lacks jurisdiction over these defendants. (County of San Diego v. Gorham (2010) 186 Cal. App. 4th 1215, 1226-27.) Defendants Elias Adam and Zachariah Mangana. The City does not provide competent evidence that Defenda...
2018.8.13 Motion to Quash 194
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.13
Excerpt: ...ia, or that LGCAI's contacts with California have a substantial connection to the plaintiff's personal injury claim here. (BNSF Railway Co. v. Tyrrell (2017) __ U.S. __; Vons Cos. Inc. v. Seabest Foods, Inc. (1996) 14 Cal. 4th 434, 455, 460-62.) LG Chem America, Inc. (LGCAI) is incorporated in Delaware and has its principal place of business in Georgia. (Lee Decl. ¶ 3.) LGCAI maintains a small office in the state that employs 5 of LGCIA's 40 emp...
2018.8.13 Motion to Consolidate 780
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.13
Excerpt: ...Dated December 3, 2014, Case No. 30-2016-00882686; (2) In re the Matter of the Estate of Eutimo B. Romber Decedent/Irma Esther Cortez, Maria Isabel Romero, and Guadalupe Romero, Case No. 30-2017-00903504; and (3) Petition to Determine the Construction, Validity, Ascertainment of Beneficiaries and Removal of Trustee and Petition for Instructions Pursuant to Probate Code Sections 17200 and 850 Regarding Allocation of Trust Assets, Case No. 30-2017-...
2018.8.6 OSC Re Preliminary Injunction 440
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.6
Excerpt: ...provided sufficient evidence to establish that Plaintiff is not likely to prevail on this claim. Specifically, the Notice of Default was sent to Plaintiff on April 5, 2018 and signed and received by Plaintiff's husband on April 16, 2018. (Boulter Dec., ¶ 12 and Loria Dec., ¶¶ 4-5.) Second, Plaintiff claims that Defendant owed Plaintiff a fiduciary duty pursuant to Civ. Code § 2923.1 and breached this duty by failing to provide the NOD to Plai...
2018.8.6 Motion to Dismiss or Bifurcate 588
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.6
Excerpt: ...of limitation. There is no authority to dismiss the Complaint based on Code Civ. Proc., § 597. Code Civ. Proc., §1048 grants discretion to bifurcate the statute of limitations if “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy. Code Civ. Proc., § 598 states, “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficien...
2018.8.6 Motion to be Relieved as Counsel 526
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.6
Excerpt: ...ared and filed in 2018. Further, Counsel Vitiello substituted in as counsel of record in this case on June 9, 2016. At the February 20, 2018 case management conference, at which Mr. Vitiello appeared telephonically, the Court set the trial in this matter for August 27, 2018. Mr. Vitiello did not file this motion until June 15, 2018. Granting the motion now would prejudice Defendant Bauer International Corporation, and the Court will not entertain...
2018.8.6 Demurrer 979
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.6
Excerpt: ...to Exhibits 1-9. (Evid. Code § 452(h).) It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. 1st Cause of Action (Predatory Lending Violations). The FAC does not allege facts to show the loan at issue to be a “covered loan” pursuant to Financial Code § 4970(b). 2nd and 3 rd Causes of Action (Violation of HBOR, Civil Code Section 2923.5). The first and second causes of action are barred by th...
2018.8.6 Demurrer 839
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.6
Excerpt: ...e the foreclosure sale, but failed to allege tender. (Arnolds Management Corp. v. Eischen (1984) 158 Cal.App.3d 578-79; United States Cold Storage v. Great Western Savings and Loan Association(1985) 165 Cal.App.3d 1214, 1222.) The SAC also fails to plead facts sufficient to support the element of an illegal, fraudulent, or willfully oppressive sale of real property a claim for wrongful foreclosure. (Munger v. Moore (1970) 11 Cal.App.3d 1, 7.) 200...
2018.8.6 Demurrer 624
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.6
Excerpt: ...re duplicative of the fifth cause of action for negligence. [Note that the fifth cause of action is for breach of the covenant of quiet enjoyment, not negligence. Defendants presumably mean the seventh cause of action for negligence.] 6th Cause of Action: Premises liability; 8th Cause of Action: Negligent maintenance of nuisance; 9th Cause of Action: Negligent maintenance of premises. Defendants contend these causes of action duplicative because ...
2018.8.6 Demurrer 314
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.6
Excerpt: ...use of action of Plaintiff Abusaif's First Amended Complaint is SUSTAINED, with leave to amend, for failure to state facts sufficient to constitute a cause of action (CCP § 430.10(e)) and for uncertainty (CCP § 430.10(f)). Plaintiffs shall file and serve an amended complaint within 10 days. The first cause of action in the Alsuoof First Amended Complaint (“FAC”) is uncertain. First, paragraph 4c is checked, indicating that “Attachment 4c�...

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