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2021.02.11 Motion for Entry of Judgment 615
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.02.11
Excerpt: ...opy of the findings and order, decision, or award of the appeals board with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity therewith…” The Court lacks jurisdiction to grant Petitioners' request under the foregoing, because Petitioners are requesting different relief from that provided for in the Workers Compensation award. Specifically, the award was made against only Respondent...
2021.02.04 Petition to Compel Arbitration 017
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.02.04
Excerpt: ...itration agreement. Subsequently, the instant petition was filed, whereby Petitioner now moves to compel arbitration, and requests that the Court enter an order declaring that Petitioner is a “consumer,” as is defined by Code Civ. Proc., § 1280(c), that the arbitration shall be administered as a “consumer arbitration,” and that JAMS administer the arbitration pursuant to its Rules. The problem is that Respondents did not consent to arbit...
2021.02.04 Motion for Reclassification 951
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.02.04
Excerpt: ...the parties (the “Motion”) is GRANTED, in part, DENIED, in part, as follows. Pursuant to CRC Rule 3.400, a case can be designated as complex if it meets one of more of the following factors: (1) Numerous pretrial motions raising difficult or novel legal issues that will be time- consuming to resolve; (2) Management of a large number of witnesses or a substantial amount of documentary evidence; (3) Management of a large number of separately re...
2021.01.28 Motion for Attorney Fees 827
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.01.28
Excerpt: ...n remained. The court granted summary judgment in favor of Defendant on 2/13/20, (ROA 165), and entered Judgment accordingly on or about 3/19/20, (ROA 177). By this motion, Defendant requests an award of $192,263 in attorneys' fees, as the prevailing party under an agreement with an attorneys' fees provision. Attorneys' fees are allowed as costs to the prevailing party when authorized by contract, statute, or law. (Code Civ. Proc. § 1033.5, subd...
2021.01.15 Motion to Amend Judgment 186
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.01.15
Excerpt: ...ed an alter ego to be valid against that alleged alter ego, the Court must have jurisdiction over that party. Milrot v. Stamper Medical Corp. (1996) 44 Cal.App.4th 182, 186. “Normally jurisdiction is acquired by service.” Id. When a new party is added after judgment, due process requires that this party be given opportunity to contest liability before judgment is entered against it. Cal. Judges Benchbook Civ. Proc. After Trial § 3.93, citing...
2020.09.24 Motion for SLAPP 435
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.09.24
Excerpt: ... foundation, hearsay, improper expert opinion, and irrelevant testimony. The court grants Defendant's unopposed Request for Judicial Notice. “Anti-SLAPP motions are evaluated through a two-step process. Initially, the moving defendant bears the burden of establishing that the challenged allegations or claims ‘aris[e] from' protected activity in which the defendant has engaged. [Citations.] If the defendant carries its burden, the plaintiff mu...
2020.09.24 Demurrer 002
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.09.24
Excerpt: ...pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) On demurrer, a complaint must be liberally...
2020.09.17 Motion to Compel Answers 317
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.09.17
Excerpt: ...s an initial matter, the Court notes Plannet did not submit a proof of service showing this motion was properly served on all parties. “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” Cal. Rules of Ct., Rule 3.1300(c). On 5/7/2020, the Court served a notice of continuance for this hearing. Howard served and filed a timely opposition without disputing service of the ...
2020.09.17 Motion for Terminating Sanctions, Joinder 941
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.09.17
Excerpt: ...§ 2023.010(d). So, too, is disobeying a court order to provide discovery. Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4 th 1495, 1516. The moving party need only show the failure to obey the court's earlier discovery orders. Thereafter, the burden of proof shifts to the party seeking to avoid sanctions to establish a satisfactory excuse for his or her conduct. Corns v. Miller (1986) 181 Cal. App. 3d 195, 201; Puritan Ins. Co. v. S...
2020.08.20 Motion to Quash Discovery Subpoena 258
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.20
Excerpt: ... seeks an order quashing two deposition subpoenas served by Plaintiff on Bank of America, N.A. and Pacific Premiere Bank, and monetary sanctions in the amount of $3,560 against Plaintiff and its attorneys of record, jointly and severally. These motions were continued from 7/23/2020 to allow Plaintiff to show the five subpoenas were properly issued and to also allow the parties to meet and confer regarding the scope of the subpoenas. The parties s...
2020.08.20 Demurrer, Motion to Strike 434
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.20
Excerpt: ...enal Code and Intentional Interference with Prospective Economic Advantage, respectively. As an initial matter, the court does not find the FAC to be uncertain. This is true for all of the Moving Defendants. A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond—i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are direct...
2020.08.13 Motion for Judgment on the Pleadings 442
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.13
Excerpt: ...c. § 438(c)(1)(B)(ii). As in with a demurrer, the grounds for judgment on the pleadings must appear on the face of the complaint or be based on facts that the court may judicially notice. Code Civ. Proc. § 438(d). Extrinsic matters may not be considered; the pleading under attack must be accepted as true. Id. Cal. Prac. Guide, Civ. Proc. before Trial (Rutter 2013) 7:322. 1st cause of action for breach of contract “A cause of action for breach...
2020.08.13 Motion for Summary Judgment, Adjudication 179
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.13
Excerpt: ... motion. The “completed and accepted doctrine” provides that when a contractor's work has been completed and accepted by the property owner, the contractor is no longer liable to 3 rd parties for injuries that may occur as a result of the condition of the work, even if the contract was negligent in carrying out the contract. Jones v. P.S. Development Co. Inc. (2008) 166 Cal. App. 4 th 707, 717 (disapproved on other grounds, Reid v. Google, In...
2020.08.06 Motion to Dismiss 993
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.06
Excerpt: ... asserting it was untimely filed. Plaintiff cites no authority which addresses the timing of such Motions. Nonetheless, the Court finds the Motion was reasonably brought, within a month and a half of Defendants' Answer and prior to any significant litigation in this action. (Global financial Distributors Inc. v. Superior Court (2019) 35 Cal.App.5 th 179, 192-193). Additionally, Maryland is a suitable forum for this action, given Defendants' conse...
2020.08.06 Motion to Compel Deposition, for Protective Order 499
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.06
Excerpt: ...equesting production in connection with this deposition). Plaintiffs may renew this motion after the deposition, with a separate statement and a record of (i) what Sunbelt has and has not produced and (ii) meet and confer attempts for the specific requests. Plaintiffs are awarded monetary sanctions of $7,785.00. The court declines to award greater sanctions at this time as does not appear that lesser sanctions will be futile. Should they prove to...
2020.08.06 Motion to Compel Arbitration 783
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.06
Excerpt: ...panish, was provided to the Plaintiff. Plaintiff signed the agreement. (Mercado Decl. at ¶¶ 4, 5, Exhs. A, B.) The agreement is governed by the Federal Arbitration Act and is broadly-worded to apply “to any dispute arising from or relating to the Employee's [] application for employment, employment, or termination of employment.” (Taylor Decl. at p. 3.) At the outset, the Court notes that Defendant's objection to the entirety of Plaintiff's...
2020.08.06 Demurrer 864
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.06
Excerpt: ...ed to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complain...
2020.07.30 Motion to Enforce Settlement 254
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.07.30
Excerpt: ...e defective. The proof of service for the motion was filed on December 6, 2019, but it was dated and executed on December 8, 2019. (ROA 67.) The proof of service for the declaration accompanying the motion was also filed on December 6, 2019 but dated and executed on December 9, 2019. (ROA 68.) These are not sufficient proofs of service. The proof of service could not possibly have been executed on 12/8/19 or 12/9/19. Nor could the declarant truth...
2020.07.30 Motion for SLAPP 147
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.07.30
Excerpt: ...equest, or receive, the Court's permission to exceed the page limit. Cal. R. Ct. Rule 3.1113(e). Additionally, the Court declines to rule on Defendants' objections to Plaintiff's evidence, as they are not dispositive of the ruling on the motion. Merits Plaintiff brings three causes of action against Defendants, including: (1) retaliation (Labor Code § 1102.5); (2) wrongful termination in violation of public policy; and (3) unfair business practi...
2020.07.30 Demurrer, Motion to Strike 233
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.07.30
Excerpt: ... the FAC alleges Connie and Lisa made sexual comments “almost daily” but stops short of alleging those comments continued “almost daily” from 2012 up until the date Plaintiff resigned in 2019. The court does not read the FAC in such a limiting way. The FAC, at a minimum, implies that the harassing conduct continued. The continuing violation doctrine may be implicated as well. The Court “will not sustain a demurrer unless the basis for t...
2020.07.02 Motion for Reconsideration 499
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.07.02
Excerpt: ...es: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. Code Civ. Proc. § 1008(a). A party seeking reconsideration also must provide a satisfactory explanation for the failure to produce the evidence at an earlier time. New York Times Co. v. Superior Court (2005) 135 Cal. App. 4th 206, 213. Separately, Code Civ. Proc. § ...
2019.9.26 Motion to Strike Complaint 512
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.26
Excerpt: ...ged. (Code Civ. Proc., § 426.15(e) [defining protected activity]; Simpson Strong-Tie Co., Inc. v. Gore (2010) 49 Cal.4th 12, 21; Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66–67.) If the defendant carries its burden, the plaintiff must then demonstrate its claims have at least “minimal merit.” (Navellier v. Sletten (2002) 29 Cal.4th 82, 89; Baral v. Schnitt (2016) 1 Cal.5th 376, 384.) Plaintiff alleges a number of cl...
2019.9.5 Motion to Strike 821
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.5
Excerpt: ...ard prejudgment interest in all noncontract cases “and in every case of oppression, fraud or malice” … hence in all unliquidated tort actions. This has been characterized as a “necessary element of compensatory damages to insure a plaintiff is made whole” and hence part of plaintiff's “actual damages”; it represents the accretion of wealth that money or particular property could have produced during a period of loss (between the tim...
2019.9.5 Motion to Require Posting of Bond 705
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.5
Excerpt: ... under section 391.7 is granted. Defendant's request for Plaintiff to furnish security under section 391.3 is denied. Defendant's request for judicial notice of Exhibits B through S is denied, because the copies of these exhibits filed by Defendant are illegible. Evid. Code § 453(b). However, the Court exercises its discretion to take judicial notices of the matters specified therein, i.e., the dockets sheets from this Court, in ruling on this m...
2019.9.5 Demurrer, Motion to Strike 002
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.5
Excerpt: .... Ninth cause of action – Derivative – Conversion; 7. Tenth cause of action - Derivative – Declaratory Relief; 8. Eleventh cause of action – Derivative – Unjust Enrichment; and 9. Twelfth cause of action – Derivative – Constructive Trust. The demurrer by SC&P is sustained in full with 20 days leave to amend. The demurrer by Park is overruled as to the 7 th cause of action for fraud, and sustained with 20 days leave to amend as to th...

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