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2023.08.03 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.08.03
Excerpt: ...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. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (...
2023.06.29 Demurrer to FAC
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.06.29
Excerpt: ...k 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. 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 sufficie...
2023.06.29 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.06.29
Excerpt: ... 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 complaint, a court will not consider f...
2023.06.29 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.06.29
Excerpt: ...he 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 complaint, a court will not consider facts that have not...
2023.06.29 Motion for Summary Judgment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.06.29
Excerpt: ...annot be established, or that the defendant has a complete defense to the cause of action. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840. If the defendant meets this initial burden, the burden shifts to the plain...
2023.06.01 Motion for Summary Judgment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.06.01
Excerpt: ...ditionally under seal. Plaintiff has filed a motion to seal one page of deposition testimony attached to the Kim Declaration filed in support of Stansberry's motion. The motion to seal is scheduled for hearing on August 10, 2023. While the court has read the page plaintiff seeks to seal, the information in that page does not bear on the below ruling, and the court thus does not discuss the information in that page below. Plaintiff has not filed a...
2023.06.01 Motion for Summary Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.06.01
Excerpt: ...John Leonard, Lee Selby, Virginia Terry, Don Trim and Marge Mitchell on its first cause of action for quiet title and its second cause of action for declaratory relief. For the following reasons, South District's motion is granted. A plaintiff seeking summary judgment meets its burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause o...
2023.06.01 Motion for Attorney Fees
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.06.01
Excerpt: ...es Plaintiff alleged it entered into signed retainer agreements with Saatchi and Edalat, respectively, for the provision of legal services, and that each defendant failed to pay amounts due. The court found plaintiff proved the existence of a contract with each defendant (TE 1, 20), proved plaintiff's performance under the contracts (i.e., plaintiff proved it provided legal services to each defendant in accordance with the contract), and proved e...
2023.05.11 Demurrer to TAC
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.05.11
Excerpt: ...ected 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 complaint, a court will not consider facts that have not been alleged in the complaint...
2023.05.11 Demurrer to FAC
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.05.11
Excerpt: ...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 complaint, a court will not c...
2023.05.11 Motion for Good Faith Settlement Approval
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.05.11
Excerpt: ...fendant and cross-complainant Union Pacific Railroad, and defendant and cross-defendant P&B Intermodal Services, LLC oppose. For the following reasons, XPO's motion is denied. California Civil Procedure Code S 877.6(a)(1) states that any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered int...
2023.05.11 Motion for Stay
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.05.11
Excerpt: ...ion for an order which was refused in whole or in part . . may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." Defendants contend that since the court denied defendants' first mo...
2023.05.11 Motion to Compel Arbitration
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.05.11
Excerpt: ...petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. ld. In a petition to compel arbitr...
2023.05.04 Motion to Quash or to Abate or Stay Action
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.05.04
Excerpt: ...dants move for an order abating or staying this action. For the following reasons, defendants' renewed motion is denied, as is defendants' alternative motion for an order abating or staying this action. Section 1008(b) provides: "A party who originally made an application for an order which was refused in whole or in part . . may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it ...
2023.05.04 Motion for Terminating Sanctions
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.05.04
Excerpt: ...endants sanctions. Defendants' motion is denied for the following reasons. Disobeying a court order to provide discovery is a misuse of the discovery process. Cal. Civ. Proc. code S 2023.010(g); van Sickle v. Gilbert (2011) 196 cal.App.4th 1495, 1516. A trial court should consider both the conduct being sanctioned and its effect on the party seeking discovery and, in choosing a sanction, should attempt to tailor the sanction to the harm caused by...
2023.05.04 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.05.04
Excerpt: ...action has no merit if the defendant shows that one or more elements of the cause of action cannot be established, or that the defendant has a complete defense to the cause of action. Cal. Civ. Proc. Code 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. Binder v. Aetna Life Ins. Co. (Iggg) 75 Cal.Ap...
2023.05.04 Motion for Sanctions
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.05.04
Excerpt: ...cal Rule 317. Rule 317 sets forth requirements pertaining to the pretrial issue conference and preparation of the joint trial notebook and other trial documents. Rule 317 states that "Cf)ailure to conduct the Issue Conference, submit a Joint Trial Notebook, or comply with any other provisions of this rule as required may result in sanctions pursuant to Rule 381." Rule 381 provides: "Upon notice and after hearing, if the court finds any counsel, a...
2023.04.28 Demurrer to Complaint
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.04.28
Excerpt: ...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 complaint, a court will not consider f...
2023.04.27 Motion to Compel Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.04.27
Excerpt: ... motion to compel supplemental responses to six special interrogatories. "Supplemental responses" refer to responses to supplemental interrogatories. Civ. Proc. Code S 2030.070. "Further responses" are additional answers ordered by a court when the original responses are found inadequate. The court presumes plaintiff intends this motion to compel further responses to Special Interrogatories (Set Two) Nos. 61, 62, 63, 64, 65 and 66. Plaintiff alle...
2023.04.27 Motion for Attorney Fees
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.04.27
Excerpt: ...complaint. As detailed in that order, the Marshalls dismissed the first and second causes of action in their cross-complaint after the Joneses filed a special motion to strike those claims. In the December 8, 2022 order, the court found the Joneses would have prevailed on their special motion to strike the first and second causes of action in the cross-complaint, and that the Joneses therefore are entitled to award of attorneys' fees and costs. S...
2023.03.16 Motions to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.03.16
Excerpt: .... For the following reasons, plaintiff's motions are denied. A motion to compel further responses to requests for production or special interrogatories must be accompanied by a meet and confer declaration pursuant to Civil Procedure Code S 2016.040. cal. Civ. Proc. code A meet and confer declaration in support of a motion must show "a reasonable and good faith attempt at an informal resolution of each issue presented by the motion." ld. S 2016.04...
2023.03.16 Motion to Dismiss
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.03.16
Excerpt: ... Cal defendant when: [a]fter a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal." Civ. Proc. Code S The court's May 19, 2022 order sustaining demurrers to plaintiff's first amended complaint with leave to amend ordered plaintiff to file and serve any amended complaint by May 31, 2022. 5/19/22 Order. Plaintiff did not file the secon...
2023.03.16 Motion for Summary Judgment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.03.16
Excerpt: ...wing that a cause of action has no merit if the defendant shows that one or more elements of the cause of action cannot be established, or that the defendant has a complete defense to the cause of action. Cal. Civ. Proc. Code 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. Binder v. Aetna Life Ins....
2023.03.02 Special Motion to Strike
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.03.02
Excerpt: ... the Board of Directors of the Midway City Sanitary District shortly before a board meeting at which the Board was scheduled to consider competing proposals from plaintiff HavePC Corporation dba CRC Cloud and nonparty First Class Connection to provide IT services to the District. Kashani acknowledges she wrote the letter and delivered the letter and its attachments to the Board. Kashani's letter states: (i) “Please consider attached information...
2023.03.02 Petition to Compel Arbitration
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2023.03.02
Excerpt: ...deceased” to arbitrate his claims. Defendants' other papers make clear, however, that defendants move to compel arbitration of Hernandez's complaint.) For the following reasons, defendants' petition is denied. The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden ...

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