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2019.12.12 Demurrer 163
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.12.12
Excerpt: ...for violation of B&P Code section 17200 and fourth cause of action for violation of HBOR are sustained without leave to amend. The Court grants Defendant's request for judicial notice of certain recorded documents, exhibits A through H. Evid. Code §§ 452(h), 453. However, in taking judicial notice, the Court does not take judicial notice “of the truth of the matters stated therein”; the truthfulness of the contents remain subject to dispute...
2019.12.12 Demurrer, Motion to Strike 148
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.12.12
Excerpt: ...rted representation. Plaintiff alleges Physician violated subsections (a)(5) and (a)(7) of section 1770. The gravamen of Plaintiff's claim is that he was harmed as a result of being discharged without receiving adequate warnings of the potential risks. Although Plaintiff now also alleges (in a somewhat conclusory manner) that he was harmed as a result of Defendants' statements that were intended to and did in fact induce Plaintiff to purchase med...
2019.12.12 Motion for Attorney Fees 728
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.12.12
Excerpt: ...�prevailing party” is the party with a net monetary recovery or for whom judgment is entered, or the party who recovers “greater relief” on the contract claim. Code Civ. Proc. § 1032(a)(4); Civil Code § 1717(b)(1). Section 1033.5(b)(5)(B) expressly provides that attorneys' fees awarded pursuant to Civ. Code § 1717 are allowable costs. Section 1033.5(b)(5)(A) specifically provides that attorneys' fees allowable as costs may be awarded on ...
2019.12.12 Motion for Summary Judgment, Adjudication 834
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.12.12
Excerpt: .... 1 is denied. Any incorporation by reference of matter in the court's file (in the present or any other action) “shall set forth with specificity the exact matter to which reference is being made and shall not incorporate the entire file.” [CCP § 437c(b)(7) (emphasis added).] It is therefore improper to ask the court to judicially notice any entire case file generally. The court grants JJW's Request for Judicial Notice of Ex. A and B. The c...
2019.12.12 Motion to Compel Production 026
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.12.12
Excerpt: ...ng Lee, and Hwang Sung Ja filed a notice of stay after Lee petitioned for Chapter 7 bankruptcy petition. The parties should be prepared to discuss whether the matter should proceed while the action is stayed as to Lee. Status Conference re Lee's bankruptcy is set for 1/17/20 at 8:30AM. The Court also notes that Plaintiffs only paid one filing fee. Plaintiffs shall pay an additional filing fee of $60 within 10 days. The Court further notes Plainti...
2019.12.12 Petition to Vacate Arbitration Award, to Confirm Arbitration Award 443
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.12.12
Excerpt: ... or law.” (See Moncharsh v. Heily & Blasé (1992) 3 Cal.4 th 1, 11). The California Supreme Court in Moncharsh acknowledged “a risk that the arbitrator will make a mistake,” but nonetheless asserted “by voluntarily submitting to arbitration, the parties have agreed to bear that risk in return for a quick, inexpensive, and conclusive resolution to their dispute.” (Id.). Judicial review of arbitration awards is limited to the grounds stat...
2019.11.14 Motion for Discovery 432
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.11.14
Excerpt: ... (concealment), respectively, in Plaintiff's TAC, which are the subject of Defendants' SLAPP motion, as well as the alter ego status of Defendants. Plaintiff contends Plaintiff previously attempted to take the depositions of Cook and Kohn, but Defendants objected and did not appear, in line with Defendants' history of stonewalling discovery. Plaintiff contends this is just another stall tactic by Defendants. In opposition, Defendants contend disc...
2019.11.14 Motion for Protective Order 499
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.11.14
Excerpt: ...Sunbelt. The court finds the deponent to be an apex employee and Plaintiffs have not met their burden at this time to show that he has unique or superior personal knowledge of discoverable information. (Liberty Mut. Ins. Co. v Superior Court (1992) 10 CA4th 1282, 1289). DEF/XComplainant/XDEF JLG Industries, Inc. 2. Motion for Summary Judgment and/or Adjudication Defendant JLG Industries, Inc.'s motion for summary judgment or adjudication on the f...
2019.11.14 Motion for Summary Judgment, Adjudication 380
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.11.14
Excerpt: ...12, 16-33, 35, 36, 38, 40, 42, 44-46 and OVERRULED as to Nos. 7, 11, 13-15, 34, 37, 39, 41, and 43. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact…” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4 th 826, 850.) Where a plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a “ca...
2019.5.2 Motion to Compel Further Responses 880
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.5.2
Excerpt: ...rning their home contact information. See County of Los Angeles v. Los Angeles County Employee Relations Com. (2013) 56 Cal.4th 905, 927 (“home contact information is generally considered private” and employees “have a legally protected privacy interest in their home addresses and telephone numbers”). On the other hand, Plaintiff insists he does not intend to initiate improper communication with these employee witnesses (see Cal. R. Ct. R...
2019.5.2 Motion to Compel Responses, for Sanctions 554
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.5.2
Excerpt: ...t. It is not clear exactly what is being sought as the notice of motion is to compel responses. However, in combing through all of the documents, it appears that what Plaintiff is actually seeking is an order compelling further responses and Defendant's production of certain documents. CRC, Rule 3.1110(a) states that a “notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the ...
2019.5.2 Motion to Compel Arbitration 495
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.5.2
Excerpt: ... his alleged breach of contractual obligations by “misusing confidential information in violation of his legal duties” to Plaintiff. (Compl. at ¶ 3.) Defendant's alleged wrongdoing resulted in Plaintiff losing “at least one deal,” and put Plaintiff at risk “of losing further deals.” (Compl. at ¶ 4.) Although the Plaintiff framed the alleged breaches under the 2018 Offer Letter between the parties, the Court finds that the alleged br...
2019.5.2 Motion for Leave to Amend 514
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.5.2
Excerpt: ...mmary adjudication. The court will hear from counsel. California courts generally allow great liberality, at all stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits. IMO Development Corp. v. Dow Corning (1982) 135 Cal. App. 3d 451, 461. This liberality only applies so long as there is no prejudice to the opposing party. Higgins v. Del Faro (1981) 123 Cal. App. 3d 558, 564. If the party seek...
2019.3.14 Motion to Consolidate 447
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.3.14
Excerpt: ...the case ending in -0447 presents only equitable issues, for which no jury is permitted, and the case ending in -2848 presents legal issues, for which Plaintiff refuses to waive a jury trial. (Opp'n at 1.) Plaintiff, on the other hand, contends that this action, the case ending in -0447, “can and will be heard and decided by a jury.” (Reply at 2-3, citing Thomson v. Thomson (1936) 7 Cal.2d 671, 681.) Although the court is not making a determi...
2019.3.14 Motion to Enforce Settlement, OSC Re Dismissal 357
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.3.14
Excerpt: ...ode Civ. Proc. § 664.6 procedure empowers the judge hearing the motion to determine disputed factual issues that have arisen regarding the settlement agreement. Fiore v. Alvord (1985) 182 Cal. App. 3d 561, 566. The court may interpret the terms of the contract to determine what the parties agreed to. Fiore v. Alvord (1985) 182 Cal. App. 3d 561, 566; Skulnick v. Roberts Express, Inc. (1992) 2 Cal. App. 4th 884, 889. The terms of a contract are de...
2019.3.14 Motion for Attorney Fees, to Set Aside or Vacate Offer 301
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.3.14
Excerpt: ...ard the fees in question. Plaintiff's request for fees mirrors the court's cost order in that Plaintiff seeks all its fees for the deposition in which the court ordered Defendant to cover all costs and Plaintiff seeks half of its fees for the deposition for which the court ordered Defendant to cover half the costs. The court finds Plaintiff's counsel's hourly rate of $610 is reasonable. The court also finds that the time spent on depositions (pre...
2019.3.14 Demurrer, Motion to Strike 320
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.3.14
Excerpt: ...ank, N.A. As Successor to Bank of American N.A. as Successor by merger to Lasalle Bank, N.A. as Trustee for WAMU Pass-through Certificates Series 2006-AR18 Trust's Demurrer to Plaintiff Alan R. Sporn's Complaint in its entirety with one opportunity to amend. Plaintiff shall have 20 days leave to amend. Defendants' MTS is moot. RJN The court grants Defendants' unopposed RJN. As to Exhibits T through BB, the court can take judicial notice of the re...
2019.3.14 Motion to Extend Discovery, for Continuance of Trial, to Compel Production 660
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.3.14
Excerpt: ...rvice. The Court hereby considers the merits of Plaintiff's motions. The Court reminds the parties that litigants who choose to represent themselves must be treated in the same manner as represented parties and must follow the correct rules of procedure. Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984- 985; Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247. A self-represented litigant is not entitled to any greater consideration than other liti...
2019.3.14 Motion to Quash Subpoena 552
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.3.14
Excerpt: ...nd all employment records ... including ... employer's personnel file, claim file ... employment file ... a printout of all electronic mail between [Plaintiff] ... and the Employer ... all written evaluations and documents of employment, employment application or contract for services... all employment documents relating to services performed ... pre-employment exam records ... " and " ... customer complaint reports, reprimands, records of discip...
2019.3.14 Motion for Summary Judgment, Adjudication 934
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.3.14
Excerpt: ...e doctor is an independent contractor as to hospital, it is not liable for his negligence. (Mayers v. Litow (1957) 154 Cal.App.2d 413, 418; Konnoff v. Fraser (1944) 62 Cal.App.2d 788, 791.) Defendant has met its burden to show no vicarious liability for the acts of Co-Defendant Maginot, M.D. Plaintiff files a Notice of Non-Opposition and does not present any disputed material facts. Further, Defendant presents testimony from Brendan J. Carroll M....
2019.3.7 Motion to Compel Deposition 934
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.3.7
Excerpt: ...s. Parties shall select a date and advise the court at the hearing. Plaintiff's Counsel has agreed to take the deposition in Orange County this time. Defendant is ordered to pay sanctions in the amount of $2,110 within 30 days to compensate Plaintiff for having to seek court intervention. When a deponent refuses to answer a deposition question, the deposing party may continue to examine the deponent regarding other matters, and subsequently move ...
2019.3.7 Motion to Compel Mental Exam 505
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.3.7
Excerpt: ...mination. Code Civ. Proc., § 2032.310(a). A motion to obtain discovery by means of a mental examination must “specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination…and be accompanied by a meet and confer declaration under Section 2016.040.” Code Civ. Proc., § 2032.310(b). “Notice of the motion shall b...
2019.3.7 Motion to Strike 579
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.3.7
Excerpt: ..., the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” The statute defines “malice” to mean “conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others” and oppression to mean “despicable conduct that subject...
2019.3.7 Motion to Vacate 398
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.3.7
Excerpt: ...t is held to “open” defaults only when it makes substantive changes in the claims asserted. For example, increasing the damages demanded. [Leo v. Dunlap (1968) 260 CA2d 24, 27.] Here, Plaintiff's First Amended Complaint changes the amount of damages from $43,546 to $59,201. Thus, the filing of the First Amended Complaint with substantive changes opens the default. There is no filed Proof of Service for the First Amended Complaint. Thus, the c...
2019.2.7 Motion for Summary Judgment, Adjudication 338
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.2.7
Excerpt: ...mance or excuse for failure to perform, defendant's breach, and damage to plaintiff resulting therefrom.” Munoz v. MacMillan (2011) 195 Cal.App.4th 648, 655. Plaintiff has established the following undisputed facts: (1) Plaintiff and defendant Buelah Land Christian Center, Church of God in Christ, Inc. (“Defendant”), entered into a written Lease Agreement. (SUF no. 1.) (2) Under the Lease Agreement, Defendant was required to make 63 monthly...

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