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2021.08.16 Motion to Strike 694
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.08.16
Excerpt: ... or malice. (Civ. Code, § 3294(a).) “ ‘Malice' ” is defined in the statute as conduct “intended by the defendant to cause injury to plaintiff, or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others.” (Civ. Code, § 3294(c)(1); College Hospital, supra, 8 Cal.4th at p. 725.) “ ‘Oppression' means despicable conduct that subjects a person to cruel and unjust h...
2021.08.16 Motion for Judgment on the Pleadings 166
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.08.16
Excerpt: ...rant or deny the motion. (Code Civ. Proc., § 439(a)(4).) Here, the court exercises its discretion to consider this motion despite Moving Defendant's failure to meet and confer in compliance with Code of Civil Procedure section 439. First Cause of Action (Defamation per se). The elements of a claim for defamation are: (i) a publication that is (ii) false; (iii) defamatory; (iv) unprivileged; and (v) has a natural tendency to injure, or which caus...
2021.08.16 Demurrer, Motion to Expunge Lis Pendens 623
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.08.16
Excerpt: ... interest in real property may move a court for an order expunging a lis pendens. A court shall grant a motion to expunge if the pleading upon which the lis pendens is based does not contain a real property claim (Code Civ. Proc., § 405.31); or the claimant has not established by a preponderance of the evidence the probable validity of the real property claim. (Code Civ. Proc., § 405.32.) The burden of proof rests with the party responsible for...
2021.08.16 Demurrer 157
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.08.16
Excerpt: ...: (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered the amount of the secured indebtedness or was excused from tendering.�...
2021.08.16 Motion for Summary Judgment 220
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.08.16
Excerpt: ...Order.) A defendant moving for summary judgment bears the initial burden to show the plaintiff's action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded s...
2021.08.09 Demurrer, Motion to Strike 163
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.08.09
Excerpt: ...ns as to Plaintiff Escamilla because she concedes she was terminated on November 20, 2018, which is over one year before this lawsuit was filed. (SAC, ¶ 22) The demurrer is sustained on this basis. Defendant also contends that the fifth cause of action fails because both Plaintiffs lack standing, given they are not current employees of Defendant. Remedies under Section 226(e), however, are not available only to current employees. The use of the ...
2021.08.02 Motion to Compel Arbitration 650
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.08.02
Excerpt: ...t”) Plaintiff signed with Red Bluff: EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL … Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to ...
2021.08.02 Demurrer, Motion to Strike 815
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.08.02
Excerpt: ...or Neglect (Pursuant to Welfare and Institutions Code section 15600, et. seq.) Defendants contend that the Fourth Amended Complaint fails to allege facts to show that Defendants had a custodial relationship with the decedent. In order to allege “neglect” or “abuse” under the Elder Abuse and Dependent Adult Civil Protection Act (“EADACPA”, Welf. & Inst.C. § 15600 et seq.), plaintiff must begin by alleging that the defendant had “car...
2021.08.02 Demurrer 208
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.08.02
Excerpt: ... Inc. v. Superior Court (2005) 134 Cal.App.4th 365, 385, disapproved on other grounds by ZB, N.A. v. Superior Court (2019) 8 Cal.5th 175.) For this reason, and for the reasons identified in the Court's April 19, 2021 order on Defendant's demurrer to the original Complaint, the demurrer to this cause of action is overruled. Second Cause of Action (fraud). To state a cause of action for fraud or misrepresentation, Plaintiff must allege: (1) a misre...
2021.07.26 Motion to Strike 570
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.07.26
Excerpt: ...l foundation. (Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63; see also Code Civ. Proc., § 436.) To plead a claim to recover punitive damages, a plaintiff must plead and show one of the following bases for imposition of exemplary damages, i.e. malice, oppression, or fraud. (Civ. Code, § 3294(a).) “Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant wi...
2021.07.26 Demurrer, Motion to Strike 815
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.07.26
Excerpt: ...o Welfare and Institutions Code section 15600, et. seq.) Defendants contend that the Fourth Amended Complaint fails to allege facts to show that Defendants had a custodial relationship with the decedent. In order to allege “neglect” or “abuse” under the Elder Abuse and Dependent Adult Civil Protection Act (“EADACPA”, Welf. & Inst.C. § 15600 et seq.), plaintiff must begin by alleging that the defendant had “care or custody” of the...
2021.07.26 Demurrer, Motion to Strike 760
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.07.26
Excerpt: ...t. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) The elements of an IIED claim are: (1) defenda...
2021.07.19 Motion for Summary Judgment, Adjudication 026
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.07.19
Excerpt: ...t as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this initial burden, the plaintiff need not oppose the motion and the motion must be...
2021.07.19 Motion to Strike 760
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.07.19
Excerpt: ...conformity with the laws of this state, a court rule or an order of the court. (Code Civ. Proc., § 436.) The allegations of the complaint are presumed true; they are read as a whole and in context. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Civil Code section 3294(b) provides that a plaintiff may recover punitive damages against an employer for acts of its employees only where “the employer had advance knowledge of the unfit...
2021.07.19 Motion for Summary Judgment, Adjudication 693
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.07.19
Excerpt: ...50.) Once the moving party meets that burden, the burden shifts to the party opposing summary judgment to show, by reference to specific facts, the existence of a triable issue as to that affirmative defense or cause of action. (Id., at p. 855; Villacres v. ABM Industries, Inc. (2010) 189 Cal.App.4th 562, 575.) The Complaint pleads a single cause of action for Premises Liability. The Complaint alleges Plaintiff Charles Smith fell due to a neglige...
2021.07.19 Motion to Compel Further Responses 450
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.07.19
Excerpt: ...ptember 1, 2020. Defendant Mahmood contends that it is not a proper party to this lawsuit given its limited role in the underlying dispute. But as long as it is a named party that has not been dismissed, Defendant Mahmood cannot avoid his obligations under the Discovery Act. Given Defendant's failure to respond timely to Plaintiff's discovery requests, Plaintiff is entitled to an order compelling response without objection. (Code Civ. Proc. §§ ...
2021.07.12 Demurrer 760
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.07.12
Excerpt: ...) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Negligence Causes of Action Plaintiff's first (negligence), second (negligent supervision), third (negligent failure to warn, train, or educate), fifth (negligent infliction of...
2021.06.28 Motion for Writ of Attachment 981
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.06.28
Excerpt: ...ablished the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Cal. Civ. Proc. Code § 484.090(a)(1)-(4).) A court may order the issuance of a writ of attachment only if the plaintiff's claim has probable validity, i.e., where it is more l...
2021.06.28 Motion for Summary Judgment, Adjudication 900
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.06.28
Excerpt: ...to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this initial burden, the plaintiff need not oppose the motion and the moti...
2021.06.21 Motion to Contest Good Faith Settlement 900
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.06.21
Excerpt: ...was entered into in good faith. These factors are: (1) a rough approximation of the plaintiff's total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs; (4) the recognition that a settlor should pay less in settlement than he would if he were found liable at trial; (5) the financial conditions and insurance policy limits of settling defendants; and (6)...
2021.06.21 Demurrer 220
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.06.21
Excerpt: ...al.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complai...
2021.06.14 Motion for Summary Judgment, Adjudication 134
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.06.14
Excerpt: ...(Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc. (“CCP”), § 437c(p)(2).) The ...
2021.06.14 Demurrer 449
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.06.14
Excerpt: ...ia McCaughey: This Defendant was Defendants MBSB Legacy LP's agent. The Complaint did not allege any misconduct on her part. On the breach of contract claim, she was not a party to the contract. “Normally, the agent will not be liable on a written contract made in the name of the principal. (See Rest.3d, Agency § 6.01(2).)” 3 Witkin, Summary of California Law, 11th Agency § 207 (2021). On the tort causes of action, there was no allegation o...
2021.06.14 Demurrer 170
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.06.14
Excerpt: ...lusions of fact or law.” The court “also consider matters that may be judicially noticed.” Association for Los Angeles Deputy Sheriffs v. County of Los Angeles (2021) 60 Cal.App.5th 327, 274 Cal.Rptr.3d 493, 498. Request for Judicial Notice: Plaintiff's Objection to the Request for Judicial Notice is GRANTED, except for the truth of the matters stated in the documents. The existence and legal effect of documents in a court file are subject ...
2021.06.07 Demurrer 388
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.06.07
Excerpt: ...�any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” (Bus. & Prof. Code § 17200.) California's false advertising law ) Bus. & Prof. Code § 17500) is equally comprehensive within the narrower field of false and misleading advertising. (Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 310, 320.) While the substantive reach of these statutes remains expansive, California's electo...
2021.06.07 Demurrer, Motion to Strike 158
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.06.07
Excerpt: ...ained. Should Plaintiffs desire to file an amended complaint that addresses the issues in this ruling, Plaintiffs must file and serve it within 15 days of service of the notice of ruling. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegati...
2021.06.07 Demurrer 792
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.06.07
Excerpt: ...oss-Defendants Robert Salazar, Sherry Greer and Heidi Warner's Demurrer to the Cross- Complaint is SUSTAINED with fifteen (15) days leave to amend as to the First, Second and Sixth Causes of Action. The Demurrer is OVERRULED as to the Fourth and Tenth Causes of Action. First Cause of Action for Breach of Governing Documents & Second Cause of Action for Breach of Contract: The Cross-Complaint alleges that the Association and the former board membe...
2021.06.07 Motion for Relief from Waiver of Discovery, from Deemed Admissions 760
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.06.07
Excerpt: ...he trial court can relieve a party from such a waiver if “both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance; and (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (Code Civ. Proc., §§ 2030.290(a); 2031.300(a).) On or about June 8, 2020, Plaintiff served three sets of discovery requests to Defendant U...
2021.05.24 Motion to Compel Production 865
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.05.24
Excerpt: ...Miller, or Mibs Matthews] from January 2019 to June 5, 2019, RELATING TO NEWPORT CROSSINGS.” A motion to compel further responses must set forth “specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310(b)(1); see also Glenfed Develop. Corp. v. Super. Ct. (1997) 53 Cal.App.4th 1113, 1117.) To establish “good cause,” the burden is on the moving party to demonstrate both: (1) relevanc...
2021.05.24 Motion to Compel Arbitration, for Protective Order 381
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.05.24
Excerpt: ...Agreement, which is attached as Exhibit A to the SAC. The Purchase Agreement was executed by Defendant Le and Melinda Nguyen. This Purchase Agreement contains an arbitration provision. The parties do not dispute the applicability of the arbitration provision to this case. Instead, Plaintiff contends Le waived his right to compel arbitration by waiting to file this motion until after Le first filed a Demurrer and Motion to Strike the First Amended...
2021.05.24 Demurrer, Motion to Strike 555
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.05.24
Excerpt: ...the First Amended Complaint are SUSTAINED with fifteen (15) days leave to amend. Defendants Select Portfolio Servicing & Deutsche Bank's Motion to Strike is moot in light of the rulings on the Demurrers. Requests for Judicial Notice: Pursuant to Evid. Code, § 451 and 452, the court may take judicial notice of certain documents. Defendants' Request for Judicial Notice is granted. Under Evid. Code, § 452 (d), the court may take judicial notice of...
2021.05.17 Motion for Leave to File Complaint 520
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.05.17
Excerpt: ..., § 428.50(c).) That there is a judicial economy interest in having a single jury trial on the issue of whether the alleged product defect was the cause of Plaintiff's incident is undisputed. Fitness has explained its delay in seeking leave to file the Proposed Cross-Complaint and has provided evidence supporting a finding that Fitness has acted in good faith. (Id.) Brunswick contends that permitting Fitness to file its Proposed Cross-Complaint ...
2021.05.17 Demurrer 933
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.05.17
Excerpt: ...s Bollinger (“Defendant Thomas”) and 03/08/2021 for Defendant Pearl Bollinger. Defendants were not entitled to a 30-day extension of the deadline to file their demurrer, as they failed to file “a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer.” (Code Civ. Proc., § 430.41(a)(2).) A demurrer challenges the defects appear...
2021.05.17 Anti-SLAPP Motion to Strike 063
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.05.17
Excerpt: ...37; San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 312, as modified (Oct. 9, 2002).) The Complaint asserts causes of action for 1) slander, 2) libel, 3) vicarious liability under Civil Code § 1714.1, and 4) violation of Business & Professions Code § 17200. The conduct at issue in each of the causes of action in the Complaint is a set of comments Defendant Lauren Kettering (Lauren) made about Not a Content Hous...
2021.05.10 Motion for Judgment on the Pleadings 474
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.05.10
Excerpt: ...tition, it appears that Cross-Complainant Miguel Chavez lost standing to sue. The doctrines of Judicial Estoppel and Unclean Hands do not apply on a Motion for Judgment on the Pleadings Motion for Judgment on the Pleadings: “In the case of either a demurrer or a motion for judgment on the pleadings, leave to amend should be granted if there is any reasonable possibility that the plaintiff can state a good cause of action. . . . Where a demurrer...
2021.05.10 Demurrers 385
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.05.10
Excerpt: ...ty: Plaintiff TML Recovery, LLC Ruling Motion 1: Defendant Northwestern's Demurrer to the Third Amended Complaint is overruled. (Code Civ. Proc., § 430.10(e).) Ruling Motion 2: Defendants The Guardian Life Insurance Company of America, Pacific Advisors, LLC, and Park Avenue Securities, LLC's Demurrer to the Third Amended Complaint is overruled in part and sustained in part. (Code Civ. Proc., § 430.10(e).) Ruling Motion 3: Defendant Boll's Demur...
2021.05.10 Demurrer 559
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.05.10
Excerpt: .... After Dr. Orenstein defaulted on the loan payments, Balboa sued Dr. Orenstein and his company, Sculpt Medical. Sculpt filed for Bankruptcy. Balboa settled with Sculpt for $3,500.00. Dr. Orenstein contends that this settlement released him from all liability for the loan. The Mutual Settlement and Release Agreement was based on the 4/2/17 Equipment Financing Agreement. The agreement referred to this litigation, Case number 30-2019- 01115559. The...
2021.05.03 Motion to Compel Compliance with Deposition Subpoena 325
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.05.03
Excerpt: ... was Plaintiff's psychotherapist, or that the patient-psychotherapist privilege applies. (Evid. Code, §§ 1012 and 1014; Civ. Code, §56.10.) Instead, Defendants contend Plaintiff waived his patient- psychotherapist privilege because Plaintiff tendered his mental and emotional condition as an issue in this lawsuit by claiming that the subject vehicle collision “severely aggravated” Plaintiff's post-traumatic stress disorder (PTSD). (Evid. Co...
2021.05.03 Motion to Set Aside or Vacate Default, Quash Service of Summons 704
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.05.03
Excerpt: ...tiengesellschaft v. Schlunk, 486 U.S. 694, 705.) Both China and the United States are parties to the Hague Convention. The Hague Convention requires Plaintiffs to forward requests for service of process to the central authority of China, Defendant Liu's (“Liu”) home country. (See Hague Convention, art. III.) “The Hague Convention permits default judgement against a foreign party once three elements have been satisfied, even if the foreign p...
2021.04.26 Motion for Summary Adjudication 054
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.04.26
Excerpt: ... his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross- defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to the caus...
2021.04.26 Motion for Judgment on the Pleadings, for Declaratory Judgment, to Deem Admitted RFAs 758
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.04.26
Excerpt: ...s request for judicial notice is granted. As to the request for judicial notice, Defendant asks the Court to take judicial notice of 1) Letter from Presiding Judge Lee Hurwitz, Court Order, dated October 22, 2019, 2) Findings and Order after hearing dated February 26, 2019, 3) Minute Order dated September 18, 2018, 4) Defendant's Request for Order filed April 17, 2018, and 5) the December 2, 2020 Court of Appeal opinion in the related case involv...
2021.04.26 Demurrer 247
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.04.26
Excerpt: ...intiff experienced persistent racist abuse from his supervisor, Deputy Public Works Director Defendant Debassio, such as Debassio using the “n-word” in front of him on numerous occasions, making comments like the need to hire more “black people” at the City for the sake of diversity, making jokes about Plaintiff's genitalia, and subjecting Plaintiff to other discriminatory and abusive language. (Id. at ¶¶ 13-14.) The FAC also alleges th...
2021.04.19 Motion for Sanctions 887
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.04.19
Excerpt: ...on's knowledge, information and belief, formed after an inquiry reasonable under the circumstances that all of the following conditions are met: (1) it is not being presented primarily for an improper purpose; (2) the claims, defenses, or other legal contentions are warranted by existing law or by a nonfrivolous argument for the extension, modification or reversal of existing law or the establishment of new law; (3) the allegations and other fact...
2021.04.19 Motion for Attorney Fees 601
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.04.19
Excerpt: ...red in this litigation. Lodestar: “‘California courts have consistently held that a computation of time spent on a case and the reasonable value of that time is fundamental to a determination of an appropriate attorneys' fee award.'” PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095. “A trial court ‘assessing attorney fees begins with a touchstone or lodestar figure, based on the ‘careful compilation of the time spent...
2021.04.19 Demurrer, Motion to Strike 801
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.04.19
Excerpt: ...e: sexual harassment (fourth cause of action), sexual battery (fifth cause of action), gender violence (sixth cause of action), and violation of the Ralph Act (seventh cause of action). Statute of Limitations The District argues that Plaintiff failed to bring her claims within the applicable statutes of limitation. Code of Civil Procedure section 340.1 pertains to the statute of limitations in an action for recovery of damages suffered as a resul...
2021.04.19 Demurrer
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.04.19
Excerpt: ...g and servicing of loan records, including, but not limited, accurate crediting of payments made by Plaintiff.” (Complaint, ¶ 21.) The Complaint also alleges that Defendants breached this duty by failing to complete an agreed- upon loan modification agreement, failing to credit payments made by Plaintiff toward the loan, filing false documents, and foreclosing on the Property. (Complaint, ¶ 31.) Courts are split as to whether a financial inst...
2021.04.12 Motion to Compel Production of Docs 865
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.04.12
Excerpt: ...Miller, or Mibs Matthews] from January 2019 to June 5, 2019, RELATING TO NEWPORT CROSSINGS.” A motion to compel further responses must set forth “specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310(b)(1); see also Glenfed Develop. Corp. v. Super. Ct. (1997) 53 Cal.App.4th 1113, 1117.) To establish “good cause,” the burden is on the moving party to demonstrate both: (1) relevanc...
2021.04.12 Motion to Compel Further Responses 994
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.04.12
Excerpt: ...s granted as to Form Interrogatory Nos. 6.3 and 17.1 and denied as to Form Interrogatory Nos. 10.1, 10.2, and 10.3. Plaintiffs' responses to Form Interrogatory No. 6.3 is evasive. Plaintiffs John Nord, Sheran Marron, and Simon R. Nord, III are ordered to serve a further, complete, verified response within 10 days of service of Notice of Ruling. Plaintiffs' responses to Form Interrogatory Nos. 10.1, 10.2, and 10.3 are full and complete. Plaintiffs...
2021.04.05 Demurrer, Motion to Strike 815
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.04.05
Excerpt: ...ts' Demurrer to the Third Amended Complaint is sustained with 15 days leave to amend. (Code Civ. Proc., § 430.10(e).) The elements of a claim for physical dependent adult abuse based on a defendant's alleged recklessness are: (1) defendant had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene, or medical care; (2) defendant knew of conditions that made the elder or dependent adult u...
2021.04.05 Demurrer, Motion to Strike 760
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.04.05
Excerpt: ...UBM's demurrer to the first through ninth causes of action of Plaintiff Maribel Godinez's Second Amended Complaint (“SAC”) is sustained with leave to amend. Should Plaintiff wish to amend the complaint to address the issues herein, Plaintiff shall file and serve the amended complaint within 15 days of service of the notice of ruling. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blan...

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