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2024.06.14 Motion to Compel Further Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.06.14
Excerpt: ...luding all subparts, within 20 days. Plaintiff adequately met and conferred. (See Le decl. ¶¶ 9 -15 & Exs. 7- 12.) Defendant has neither fully answered the interrogatories nor justified its objections. (See Coy v. Superior Court (1961) 58 Cal.2d 210, 220- 221; Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) The fact that defendant is a corporation does not excuse defendant's obligation to provide full and complete responses. (S...
2024.06.14 Demurrer (2)
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.06.14
Excerpt: ... v. Financ ial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) Any “ambiguities can be clarified under modern discovery procedures.” (Ibid.) 1st cause of action, breach of contract. The FAC fails to state facts sufficient to constitute this caus e of action. (See Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [elements].) Specifically, the FAC fails to allege the terms of the Residential Purchase Agreement and ...
2024.06.14 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.06.14
Excerpt: ...38, 645; see also FAXC ¶¶ 14 -19, 22- 25.) It adequately alleges Daniels orally made false promises to SIB -Monaco LLC (though Bovino) about accepting the property as -is, on which SIB reasonably relied by foregoing marketing the property, which caused damages whe n the real estate market fell. (Ibid.) While these false promises cannot constitute negligent misrepresentation as a matter of law (see 12/1/23 order), the FAXC adequately alleges Dan...
2024.06.07 Motion to Quash Service of Summons
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.06.07
Excerpt: ...[Citations.] A p erson's consent to jurisdiction ‘may be expressed by words or by conduct.' [Citation.] [¶] Agreeing to resolve a particular dispute in a specific jurisdiction, for example, is one means of expressing consent to personal jurisdiction of courts in the for um state for purposes of that dispute.” (Szynalski v. Superior Court (2009) 172 Cal.App.4th 1, 7.) Here, the parties have agreed to resolve their disputes in California....
2024.06.07 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.06.07
Excerpt: ...hicle.” (Mot. at p. 2.) But the Song -Beverly Act broadly defines “new motor vehicle” to include a “dealer owned vehicle” or any “other motor vehicle sold with a manufacturer's new car warranty.” (Civ. Code, § 1793.22, subd. (e)(2).) That broad definition includes any vehicle sold with an unexpired balance of the manufacturer's new car warranty, even if the car has been previously purchased or leased. (See Stiles v. Kia M...
2024.06.07 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.06.07
Excerpt: ...or a wro ngful act or omission . . . arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission.” (Code Civ. Proc., § 340.6, subd. (a).) Here, the fact constituting the wrongful act or omission was Callahan's negligent advice to settle the Barker action and related eth...
2024.06.07 Anti-SLAPP Motions
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.06.07
Excerpt: ...LAPP statute.” (J arrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 735.) Lahar has met his shifted burden to show his claim has minimal merit. (See Bonni v. St. Joseph Health System (2021) 11 Cal.5th 995, 1009 [burden].) The issue at this step “ ‘is whether [Laha r] [has] provided sufficient evidence to make out a prima facie case of malicious prosecution, which requires a plaintiff to establish three elements: the underlying action ...
2024.05.31 OSC Re Dismissal, Motion for Attorney Fees
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.31
Excerpt: ...(d) [Song- Beverly attorney fees]; PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095- 1096 [lodestar; trial court discretion]; Reynolds v. Ford Motor Company (2020) 47 Cal.App.5th 1105, 1112 [same]; 2/22/24 Goldsmith decl. (ROA #184) ¶¶ 52- 64 & Exs. 1, 6.) The attorney fee awards includes reasonable work by these billers at these reasonable rates: DAG: 58.85 hrs x $545/hr = $32,073.25 PL: 8.5 hrs x $395/hr = $3,357.50 LA: 8.6 hrs x $260...
2024.05.24 Motion to Compel Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.24
Excerpt: ... a party serves an untimely response”].) Defendant FCA US LLC shall serve complete, code - compliant, verified further responses without objections to plaintiff's form interrogatories (set one), special interrogatories (set one), and requests for production (set one) and a ll responsive documents within 30 days. Defendant shall pay $2,063.92 in discovery sanctions to plaintiff. While defendant requests relief from waiver in its opposition, a �...
2024.05.24 Motion to Compel Arbitration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.24
Excerpt: ...o employ ees on a takeit -or -leave -it basis, typically contain some aspects of procedural unconscionability.'” (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 243.) After plaintiff accepted a job offer from defendant, defendant emailed the agreement to plaintiff with instructions to review, sign, and return it. (McNary decl. ¶¶ 48.) The face of the agreement shows it to be a standardized, pre -printed form. (Id. Ex. A.) “To establish...
2024.05.24 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.24
Excerpt: ...d. 1st cause of a ction, gender discrimination (Issues #1 -3). On Issue #1, defendant failed to meet its initial burden to show plaintiff cannot establish an adverse employment action. (See Code Civ. Proc., § 437c, subds. (a), (p)(2) [burden]; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 [same]; see also Def. SSUF. #36 -38 [plaintiff was not promoted in 2020 to market general manager].) As to Issues #2 -3, defendant has show...
2024.05.17 Demurrer, Motion to Strike
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.17
Excerpt: ...ty (2012) 208 C al.App.4th 1125, 1135.) Any “ambiguities can be clarified under modern discovery procedures.” (Ibid.) Standing/Capacity. The FAXC alleges MSO “is, and at all times mentioned herein was, a California corporation existing under the laws of the State of C alifornia.” (FAXC ¶ 4.) A demurrer “admit[s] all material facts properly pleaded,'” including this one. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court cannot t...
2024.05.10 Anti-SLAPP Motion
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.10
Excerpt: ...tected c onduct of enforcing a judgment. (See Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1052, 1055 -1056 [holding trial court correctly granted anti- SLAPP motion]; Weeden v. Hoffman (2021) 70 Cal.App.5th 269, 286 -287 [obtaining and recording an abstract of judgment is protected conduct].) Plaintiffs fail to show defendant's conduct fell within the narrow anti -SLAPP exception for illegal conduct. (See Flatley v. Mauro (2006) 39 Cal.4th 299.) Def...
2024.05.03 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.03
Excerpt: ...al.App.5th 113, 119, 125126 & fn. 4 (Lawndale) [elements, duty, public entity vicarious liability]; C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 868 (Hart) [noting “‘the general rule ... that an employee of a public entity is liable for hi s torts to the same extent as a private person [citation] and the public entity is vicariously liable for any injury which its employee causes [citation] to the same extent as a pr...
2024.04.26 Motion to Compel PMQ Deposition
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.04.26
Excerpt: ...ed Third- Party D ispute Resolution Process" affirmative defense. (See Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 590 -591 [relevance broadly defined]; Kwan v. Mercedes -Benz of North America, Inc. (1994) 23 Cal.App.4th 174, 184 -1 85 [willfulness]; Santana v. FCA US, LLC (2020) 56 Cal.App.5th 334, 346- 347 [civil penalties affirmed where manufacturer knew its repair was intentionally inadequate]....
2024.04.26 Motion to Compel Further Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.04.26
Excerpt: ...dentified a ny witness nor denied knowledge of any witness. In its further response, it should do one of these. Sanctions were not noticed; none are imposed. Motion to Compel: Anaheim Healthcare Form Rogs (ROA #67) Plaintiff's motion is denied as moot except as to sanctions. (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409; Cal. Rules of Court, rule 3.1348; see also Ho decl. [ROA #100] �...
2024.04.19 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.04.19
Excerpt: ...“Hirson” an d crossdefendants as “Korpivaara.” Defect/misjoinder of parties. Korpivaara has not shown Niral Patel is an indispensable party. “An agent is not an indispensable party in litigation between his principal and a third party over the subject matter of the a g e n c y .” (Writers Guild of America, West, Inc. v. Screen Gems, Inc. (1969) 274 Cal.App.2d 367, 374.) 1st cause of action, declaratory judgment -partner disassociation...
2024.04.12 Demurrer (2)
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.04.12
Excerpt: ...onte ntion that it is entitled to insurance coverage for a judgment in an underlying action.” (Dem. at pp. 1 -2.) But defendant has not shown “two exclusions in the insurance policy issued by ANV apply to exclude coverage for Plaintiffs' claim.” (Dem. at p. 1 .) First, the Bankruptcy Exclusion does not bar coverage because it is unenforceable. The Bankruptcy Exclusion purports to exclude coverage for any claim involving “any Wrongful Act ...
2024.04.12 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.04.12
Excerpt: ...use of action. The 2nd cause of action premises negligence on a breach of statutory duties: The CARES Act, the FFCRA, and Health & Safety Code section 1342.2. (See FAC ¶ 118.) The 9th cause of action alleges a violation of Section 1342.2 But “the CARES Act do es not grant a private right of action to a provider of COVID -19 diagnostic testing to enforce § 3202.” (Saloojas, Inc. v. Aetna Health of California, Inc. (9th Cir. 2023) 80 F.4th 10...
2024.04.05 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.04.05
Excerpt: ...of the defendant's allegations as being true.'” (People ex rel. Becerra v. Superior Court (2018) 29 Cal.App.5th 486, 499.) Here, as in Becerra, defendant has “denied all of [plaintiff's] allegations . . . . This alone should have precluded judgment on the pleadings.” (B ecerra, supra, 29 Cal.App.5th at p. 499; accord 8/14/23 answer at p. 2. [defendant “denies generally and specifically each and every cause of action and allegation”...
2024.03.20 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.03.20
Excerpt: ...intiff. (See Bily v. Arthur Young & Co. (1992) 3 Cal.4th 370, 397 [Biakanja factors], 406 [auditor's liability “is confined to the client”]; Richard B. LeVine, Inc. v. Higashi (2005) 131 Cal.App.4th 566, 580- 586 [accountant to partnership owed no professional duties to individual partners ].) Plaintiff asserts Welch is liable for aiding and abetting the other defendants' breaches of fiduciary duty, not for breaching any fiduciary duty of ...
2024.03.15 Motion to Amend Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.03.15
Excerpt: ...e is also a judgment against the general partner.” (Corp. Code, § 15904.05, subd. (b); accord Wyo. Stat. Ann. § 17 -21 -307, subd. (c).) Even “[w]here a judgment has been obtained against both the partnership and a general partner, the judgment creditor may not levy against the general partner's assets based on a claim against the partnership unless the general partner is personally liable for the claim” and at least one of several speci�...
2024.03.15 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.03.15
Excerpt: ... can be clarified under modern dis covery procedures.” (Ibid.) 1st cause of action, trespass. The complaint states facts sufficient to state this cause of action. “‘The essence of the cause of action for trespass is an ‘unauthorized entry' onto the land of another . . . . regardless of the actor's motivation.'” (Hensley v. San Diego Gas & Electric Co. (2017) 7 Cal.App.5th 1337, 1355.) Here, the complaint alleges the subsidence of d...
2024.03.08 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.03.08
Excerpt: ....) The Village has shown it gave effective notice to defend ant Garfield Beach CVS LLC of its change of address by the 4/30/18 email. The Village has shown CVS waived the lease's notice provisions by accepting the 4/30/18 emailed notice. (See Irving v. Sunset Mut. Life Ins. Co. (1935) 4 Cal.App.2d 455, 460 [ins urer's acceptance waived policy's notice provisions]; Lynch v. California Coastal Com. (2017) 3 Cal.5th 470, 475 [implied waiver]; see a...
2024.03.08 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.03.08
Excerpt: ...v. California Department of Public H ealth (2016) 1 Cal.App.5th 1000, 1007.) The complaint does not allege the date that the plaintiffs discovered the alleged defects with the vehicle's transmission. (See Code Civ. Proc. § 338, subd. (d).) “[W]hen the relevant facts are not clear such that the cause of action might be, but is not necessarily, time- barred, the demurrer will be overruled.” (Coalition for Clean Air v. City of Visalia (2012) 20...

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