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2020.09.14 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.09.14
Excerpt: ...ond the claim's label.” (Peterson v. Cellco Partnership (2008) 164 Cal.App.4th 1583, 1595.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer.” (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38.) This cause of action states facts sufficient to constitute some cause of action – n...
2020.09.09 Motion for Stay, for Protective Order, to Compel Deposition
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.09.09
Excerpt: ...he provisions of the Act”; a party “cannot rely upon the provisions of section 473.” (Scottsdale Ins. Co. v. Superior Court (1997) 59 Cal.App.4th 263, 274–275.) In any event, it's not clear what's happening with the Glenwood PMK deposition or that defendant still seeks to assert any specific objection. Motion for Protective Order Defendants Brookdale Senior Living Inc., Brookdale Senior Living Communities Inc., BLC Glenwood-Gardens SNF -L...
2020.08.31 Motion to Compel Production
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.08.31
Excerpt: ...uction Nos. 95, 97, 113, and 115. Defendant may limit its responses and production to communications between defendant and the carrier relating to coverage for plaintiff's malpractice, acts, or omissions under any policy issued on or after 1/1/18; and 3. Request for production No. 124 in its entirety. Defendant may assert attorney-client privilege or work product protection for documents dated on or after 1/1/19 and withhold them from production,...
2020.08.31 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.08.31
Excerpt: ...mplete defense. (See Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) Defendant contends he could not have caused plaintiff's harm because others called the police. (See Mot. at 5-6, 12-14.) When there are concurrent independent causes, causation is governed by the substantial factor test. (See Viner v. Sweet (2003) 30 Cal.4th 1232, 1235, 1240.) “The substantial factor standard is a rela...
2020.08.10 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.08.10
Excerpt: ...2016) 2 Cal.App.5th 384, 391 [elements]; see also Compl. ¶¶ 14, 21, 30-31 & Exs. A, E.) Defendants cannot support their demurrer with issues outside the face of the complaint. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318). In any event, defendants' curing a default by bringing the loan current would not preclude plaintiff from alleging damages under the acceleration clause, which he adequately does. 2nd cause of action against Powernet, breac...
2020.08.05 Motion to Stay, for Attorney Fees, Demurrers, to Strike
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.08.05
Excerpt: ... subpoena ROA #478, Plaintiffs' motion to quash subpoena ROA #483, Employees' motion re RPDs ROA #491, Plaintiffs' motion for protective order ROA #564, Directors' motion re Warwick RPDs ROA #569, Directors' motion re Ibbetson RPDs ROA #512, Motion to Stay Directors' motion to stay is denied. The trial court retains jurisdiction to determine anti-SLAPP attorney fees while the anti- SLAPP appeal is pending. (See Varian Medical Systems, Inc. v. Del...
2020.08.03 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.08.03
Excerpt: ...e because this claim nearly encompasses the entire lawsuit. The Charter Schools identify 9 disputes (or so) regarding the District's responsibility to ensure the Charter Schools “contribute[] an equitable share of its . . . block grant funding to support districtwide special education instruction and services.” (Ed. Code, § 47646, subd. (c).) The disputes circle around whether (1) the District may still invoice the Charter Schools now for eq...
2020.06.29 Motion for Preliminary Injunction 273
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.06.29
Excerpt: ...5/20 minute order.) Plaintiff Souzan Baaj's request for a preliminary injunction is denied. Plaintiff has not shown an injunction is warranted after weighing both “the likelihood [she] ultimately will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction.'” (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1449.) Most notably, plaintiff failed to show a sufficiently probabi...
2020.06.29 Demurrer 548
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.06.29
Excerpt: ...nded complaint states facts sufficient to constitute this cause of action. (See CACI No. 2430 [elements]; see also SAC ¶¶ 5, 6, 12-34.) 2nd cause of action, FEHA violation. The second amended complaint states facts sufficient to constitute this cause of action. (See Deschene v. Pinole Point Steel Co. (1999) 76 Cal.App.4th 33, 44 [elements]; see also SAC ¶¶ 5, 6, 12-34, 29-31, 36-40.) 6th cause of action, declaratory relief. This is functional...
2020.06.22 Motion to Compel Arbitration 112
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.06.22
Excerpt: ...) 138 S.Ct. 1612, 1622.) [FAA preserves “‘generally applicable contract defenses,” including unconscionability]; Armendariz v. Foundation Health Psychcare Services (2000) 24 Cal.4 th 83, 114 [same]; Ramos v. Superior Court of San Francisco County (2018) 28 Cal.App.5th 1042, 1055, 1063 [same].) Plaintiff showed the agreement is procedurally unconscionable as an adhesion contract and condition of employment. (See Armendariz, supra, 24 Cal.4th...
2020.03.16 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.03.16
Excerpt: ...alnoki v. First American Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23, 40 [beneficiary may substitute trustee through its agent].) These exhibits trump inconsistent, conclusory allegations to the contrary. (See Holland v. Morse Diesel International (2001) 86 Cal.App.4th 1443, 1447; see also Barnett v. Fireman's Fund Ins. Co. (2001) 90 Cal.App.4th 500, 505.) 2nd-3rd causes of action, Civ. Code §§ 2923.5, 2923.55, 2924.17. The complai...
2020.03.16 Demurrer (2)
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.03.16
Excerpt: ...ng unit,” and not a “transient” hotel occupant. (See Civ. Code, § 1940, subds. (a), (b).) 2nd cause of action, battery. The complaint fails to state facts sufficient to constitute this cause of action. It fails to allege facts showing defendant's intent to offend. (See Kaplan v. Mamelak (2008) 162 Cal.App.4th 637, 645.) A demurrer does not admit the truth of “conclusions of fact or law.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 4th...
2020.03.16 Motion for Summary Adjudication
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.03.16
Excerpt: ...ccord Gaggero v. Yura (2003) 108 Cal.App.4th 884, 891.) That second path to summary adjudication requires plaintiff to show 2 things: (1) defendant does not possess the evidence, and (2) defendant cannot reasonably obtain it. Plaintiff met the first requirement. It offered defendant Community Care Rehab Center LLC's “factually devoid” discovery responses, showing defendant does not possess evidence needed to support its defenses. (Union Bank ...
2020.03.09 Motion for Determination of Good Faith Settlement
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.03.09
Excerpt: ...portionate share of liability to plaintiff  the amount paid in settlement – i.e., the amount of costs being waived  its financial condition and policy limits. Even if defendant shown the relevant Tech-Bilt factors, the opposing evidence shows a “costs waiver” settlement would be grossly disproportionate to defendant's potential liability. Defendant owed plaintiff a nondelegable duty to maintain its property in a safe condition. (See S...
2020.03.09 Motion for Assignment and Restraining Order
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.03.09
Excerpt: ...y receive rent from them. (See Opp. at p. 2 and attached 2/25/20 Santillanes decl. at p. 6:15-24, Exs. 3- 5; Singh decl. ¶¶ 3-6, 7a-7c & Exs. 2, 6; RFJN Exs. 1-3.) Plaintiffs have also shown they need this order to prevent defendant from disposing of the properties or interfering with the assignment. The record shows defendant is unreasonably thwarting collection. Except as otherwise stated above, the court finds the 2/25/20 Santillanes declara...
2020.03.02 Motion to Compel, for Protective Order
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.03.02
Excerpt: ...r as well, as the issues overlap. (See Obregon v Superior Court (1998) 67 Cal.App.4th 424, 433–435). As a preliminary observation, there appears to be much middle ground between the parties' positions. It is certainly conceivable that both the discovery requests and the protective order are overbroad. The parties may well be able to agree to production of a narrower range of financial records governed by a narrower protective order. They should...
2020.03.02 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.03.02
Excerpt: ...ured as the result of the operation of the vehicle.” (Hardin v. San Jose City Lines (1953) 41 Cal.2d 432, 437.) Defendant's cited evidence raises the inference of res ipsa loquitur. It shows plaintiff was injured on an OCTA bus when “the driver ‘increased speed and then changed lanes.'” (Def. SSUF #1-2.) Defendant “is obliged to meet the inference by evidence sufficient to offset or balance it.” (Hardin, supra, 41 Cal.2d at p. 437.) �...
2020.03.02 Motion for Leave to Amend
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.03.02
Excerpt: ...of great liberality in permitting amendments . . . at any stage of the proceedings, up to and including trial. . . .'” (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Defendant's challenges to the FAC's legal sufficiency are better handled at a later stage. (See Atkinson, supra, 109 Cal.App.4th 739, 761; see also Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) ¶ 6:644.) The court may condition a...
2020.02.24 OSC Re Preliminary Injunction
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.02.24
Excerpt: ...d to discuss the appropriate amount of the mandatory bond. (See Code Civ. Proc., § 529, subd. (a).) 15 Almeria. Plaintiff has shown an injunction is warranted after weighing both “the likelihood [he] ultimately will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction.'” (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1449.) Plaintiff has shown a sufficient probability ...
2020.02.24 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.02.24
Excerpt: ...aned money to defendant. Failing to join the other lender creates a substantial risk of exposing defendant to multiple liability. (See Code Civ. Proc., § 389, subd. (a)(2)(ii).) On the other hand, this cause of action is not time-barred on the face of the complaint. (See Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403.) Defendant allegedly breached the promissory note by repudiating the debt and selling the security in 2019....
2020.02.10 Motion for Preliminary Injunction
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.02.10
Excerpt: ...ine the persons protected and the conduct prohibited.” (Evans v. Evans (2008) 162 Cal.App.4th 1157, 1167.) Second, to whatever extent plaintiff seeks a civil harassment restraining order, he is doing so without using the mandatory JCC forms (CH-100, CH-109, etc.). There is no proof of personal service for the paperwork he did use. (See Code Civ. Proc., § 527.6, subd. (i).) Had he used the correct forms, his request would have been routed to De...
2020.02.03 Motion to Preserve Designation, to Compel Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.02.03
Excerpt: ...he parties can fairly litigate these issues even if the employee's medical records are kept highly confidential under the stipulated protective order. (Cf. 2 CCR § 11069(g).) Motions to Compel re Form Interrogatories Plaintiff Jean Weil's motions to compel further responses to form interrogatories are granted as follows. Defendants Weil & Drage APC, Christine Drage, and Jacqueline Pons-Bunney contend they cannot answer the form interrogatories b...
2020.02.03 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.02.03
Excerpt: ...1) 25 Cal.4th 826, 854; see also Def. SSUF #9-10, 13-18, & 20-26.) Plaintiff has not met her shifted burden to show a triable issue of material fact. (See Code Civ. Proc., §437c, subd. (p)(2); see also Aguilar, supra, 25 Cal.4th at p. 854.) Contrary to defendant's contention, this issue disposes of only the 6th through 9th causes of action. It does not dispose of the 1st through 5th or 10th causes of action, which also allege defendant knew or s...
2020.02.03 Demurrer, Motion to Strike
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.02.03
Excerpt: ...geous that it exceed[s] all bounds of that usually tolerated in a civilized community.” (Hughes v. Pair (2009) 46 Cal.4th 1035, 1051, internal quotation marks omitted.) Nor does the FAC allege “emotional distress of such substantial quality or enduring quality that no reasonable [person] in civilized society should be expected to endure it.” (Hughes, supra, 46 Cal.4th at p. 1051 [internal quotation marks omitted]; accord Wong v. Jing (2010)...
2020.01.27 Motion to Set Aside Dismissal
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.01.27
Excerpt: ...ope of the mandatory provision, include . . . a dismissal following the sustaining of a demurrer without leave to amend on the ground the statute of limitations had run . . . .” (Jackson, supra, 32 Cal.App.5th at p. 175.) Nor has plaintiff shown discretionary relief is appropriate. (See Code Civ. Proc., § 473, subd. (b).) “A party who seeks relief under section 473 on the basis of mistake or inadvertence of counsel must demonstrate that such...

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