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2023.10.09 Special Motion to Strike 224
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.09
Excerpt: ...ndant O Hill as well. As a preliminary matter, Defendants request judicial notce of a number of court records in the underlying family law matter, as well as the Complaint in this case. That request is unopposed, and the request for judicial notice is granted. In ruling on a special motion to strike made under S 425.16, the trial court engages in a two-step process. "First, the defendant must establish that the challenged claim arises from activi...
2023.10.09 Demurrer, Motion to Strike 909
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.09
Excerpt: ... recovery of punitive damages." (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 405) "The plaintiff must also allege (and ultimately prove by clear and convincing evidence) that the neglect caused the elder or dependent adult to suffer physical harm, pain or mental suffering. (Citations omitted) Finally, the facts constituting the neglect and establishing the causal link between the neglect and the injury "must be plea...
2023.10.09 Demurrer 122
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.09
Excerpt: ... Core Lending's demurrer as to the first cause of action for quiet title as alleged in the Second Amended Complaint on the grounds that the first cause of action is not brought against Core Lending. The demurrer is again OVERRULED as to the first cause of action for quiet title on the same grounds. Second cause of action for breach of contract. The second cause of action is for breach of contract. The elements of the cause of action are the exist...
2023.10.09 Motion to Strike Punitive Damages 492
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.09
Excerpt: ... paying attention. As the result, Defendant allegedly hit the rear of Plaintiff's vehicle, which had been stopped at a light, causing Plaintiff damages. Plaintiff sought punitive damages as part of the Complaint. Defendant moved to strike the punitive damage language pursuant to Civ. Proc. Code SS 435, 436, and 431.10(b)(2). he availability of punitive damages is laid out in Civ. Code S 3294 and requires sufficient allegations of malice, oppressi...
2023.10.09 Motion for Terminating or Monetary Sanctions, to Compel Answers to Post Judgment Demands for Inspection 759
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.09
Excerpt: ...low, Motion 1 is DENIED. Motion 2 is GRANTED, but with reduced sanctons. Moton 3 is GRANTED in part, deemed MOOT in part, and DENIED as to sanctions. MOTION 1 Sanctions are warranted when there are "[m]isuses of the discovery process," such as "[flailing to or to submit to an authorized method of discovery" or "[d]isobeying a court order to provide discovery." (C.C.P. SS 2023.010; 2023.030.) C.C.P. S 2030.290(c) [re rogs] provides that if a party...
2023.10.09 Motion to Enforce Settlement 556
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.09
Excerpt: ...idered the Opposition papers filed on 9/25/23, as they would otherwise have been timely. But the Court will not consider Buyers' additional submissions filed on 9/29/23, as they were plainly untimely, and effectively deprived Seller of an opportunity to respond thereto. On the merits, both sides ask the Court to "enforce" their settlement agreement (the "Agreement") in accordance with C.C.P. S 664.6. However, Seller asks the Court to enter a Judg...
2023.10.02 Motions to Compel Further Responses 514
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.02
Excerpt: ...azavi's ("Mortazavi") various responses to sets two and three of requests for production. A motion to compel further responses is proper under certain circumstances as laid out in Civ. Proc. Code S 2031.310(a). RFP, Set Two: RDI seeks Primevere and Zibasara's further responses to RFP Nos. 106, and Mortazavi's further response to RFP No. 111. These requests and the responses thereto are identical. The issue here is that RD' seeks documents relatin...
2023.10.02 Demurrer to SAC 335
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.02
Excerpt: ...n — Elder Abuse Elder abuse is defined in Welfare & Institutions Code section 15610.07 as physical abuse, neglect, abandonment, isolation, abduction or other treatment resulting in physical harm, pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (Welt & Inst. Code S 15610.07(a)(1)-(2).) Neglect is defined in secton 15610.57 as "[tlhe negligent fai...
2023.10.02 Demurrer to FAC 787
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.02
Excerpt: ...iency of factual allegations in a complaint." (Rakestraw v. Cal. Physicians' Service (2000) 81 Cal.App.4th 39, 42.) Plaintiffs' well-pleaded facts are assumed to be true by the Court, but the Court does not assume the truth of contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Generally, it is an abuse of discretion to sustain a demurrer without leave to amend if there is any reasonable possibili...
2023.10.02 Demurrer 882
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.02
Excerpt: ...sserts a claim for "Fraud and Deceit." Where fraud is alleged, every element must be alleged in full, factually and specifically. The policy of liberal construction of pleading will not be invoked to sustain a pleading defective in any material respect. (Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157.) The particularity requirement necessitates pleading facts that show how, when, where, to whom, and by what means the repr...
2023.10.02 Motion for Summary Judgment 933
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.02
Excerpt: ... summary judgment, a plaintiff has met its burden of showing that there is no defense to a cause of achon if it has proved each element of the cause of action entitling the party to judgment on the cause of action. Code Civ. Proc. S 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Code Civ. Proc. ...
2023.09.25 Demurrers 674
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.09.25
Excerpt: ...f limitations. As such, the arguments and oppositions are essentially identical and the court will issue a combined ruling as to both Defendants' demurrers. Pursuant to Civ. Proc. Code SS 430.10(e) and 340.5, both demurrers are SUSTAINED without leave to amend. "A complaint showing on its face the cause of action is barred by the statute of limitations is subject to general demurrer." (Iverson, Yoakum, Papiano & Hatch v. Berwald (1999) 76 Cal. Ap...
2023.09.25 Demurrer 617
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.09.25
Excerpt: ...arity "plaintiff's efforts to secure from the board such action as plaintiff desires, or the reasons for not making such effort." To evaluate a demand futility claim in a shareholder derivative action, court must be apprised of facts specific to each director from which it can conclude that that particular director could or could not be expected to fairly evaluate claims of shareholder. (Shields v. Singleton (1993) 15 Cal.App.4th 1611.) Here, Pla...
2023.09.25 Motion for Summary Judgment, Adjudication 882
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.09.25
Excerpt: ...fy, could and would testify competently to them" and that the documents are "true and correct copies" of what they are purported to be. This is simply not sufficient to authenticate these documents. (Evid. Code S 1401(a); Cont'l Baking Co. v. Katz (1968) 58 Cal. 2d 512, 525—26.) Major's declaration also shows a lack of personal knowledge regarding the authenticity of the documents. (Evid. Code S 702.) Major states that he has personal knowledge...
2023.09.25 Motions to Compel Responses 721
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.09.25
Excerpt: ...dequately met and conferred with Defendant to attempt to resolve this dispute, Specifically, it appears from the Opposition that: (a) Plaintiffs are asserting that they were obligated under the "agreement" at issue to fund only the first and second deposits under the two relevant purchase and sale agreements, in the maximum total sum of $500,000; (b) Plaintiffs are not asserting that they personally had sufficient resources to fund those first an...
2023.09.25 Demurrer, Motion to Strike 813
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.09.25
Excerpt: ...be performed by the parties. Defendant contends that Plaintiff's failure to specify the terms of the contract creates ambiguity as to what the agreement entails, making it difficult for Defendant to ascertain what the claims are as against Defendant and thus the claim is uncertain and unintelligible. A demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty ...
2023.09.18 Demurrer 730
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.09.18
Excerpt: ...asonably certain." (Lindsay v. Lewandowski (2006) 139 Cal.App.4th 1618, 1623.) With respect to claims premised upon a contract, a complaint must either: (a) set forth the terms of the contract verbatim; or (b) attach a copy of the contract and incorporate it by reference. (Harris v. Rudin, Richman & Appel (1999) 74 Cal. App. 4th 299, 307 ("If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the bo...
2023.09.18 Demurrer 506
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.09.18
Excerpt: ...11, 318.) "Generally, it is an abuse of discretion to sustain a demurrer without leave to amend if there is any reasonable possibility that the defect can be cured by amendment." (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Defendant bases this demurrer on the premise that "Directors or officers of a corporation do not incur personal liability for torts of the corporation merely by reason of their offcial position, unless they participate in t...
2023.09.11 Petitions to Confirm Arbitration Award, to Vacate Arbitration Award 883
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.09.11
Excerpt: ...g (hereafter, the "XDs") ("Motion 3" below); and (2) an additional Petiton to Vacate Arbitration Award, filed on 7/26/23 by Buyer ("Motion 4" below). For the reasons discussed below, Motion 1 is GRANTED; Motons 2 and 4 are DENIED; Motion 3 is thus MOOT. Motion 1 presents a request to confirm the underlying "Final Award," which comports with C.C.P. S 1285.4. The court thus must confirm that Award as made, unless "in accordance with this chapter it...
2023.09.11 Motion to Compel Arbitration and Stay Proceedings 434
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.09.11
Excerpt: ... 828, 829; Knutson v. Sirius XM Radio Inc. (9th Cir. 2014) 771 F.3d 559, 555.) In determining the validity or "the rights of parties to enforce an arbitration agreement within the FAA's scope, courts apply state contract law while giving due regard to the federal policy favoring arbitration." (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236.) "The party seeking arbitration bears the burden of provin...
2023.09.11 Motion for Summary Judgment, Adjudication 279
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.09.11
Excerpt: ... shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or crossdefendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense th...
2023.08.28 Demurrer 946
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.08.28
Excerpt: ...at- will basis, which means that either you or the School may terminate the employment relationship at any time without cause or notice.” Plaintiff argues that the document also references execution of a contract of employment, making the terms of the contract ambiguous. However, she does not allege that a second employment contract as referenced was ever executed or that the terms of such a contract contradict the at-will provision she undispu...
2023.08.28 Demurrer 366
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.08.28
Excerpt: ...mely filed within the six-month limitation period of the Gov't Claims Act Although CalOptima was not named in the caption of the original Complaint, it is clear from the allegations in body of the Complaint that CalOptima was the intended defendant in this matter. Plaintiff brought this action against “County of Orange, which includes its subdivision CalOptima.” (9/6/22 Complaint, Preamble Paragraph). Furthermore, the complaint alleges employ...
2023.08.21 Demurrer, Motion to Strike 183
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.08.21
Excerpt: ...urrer First, Second, Third and Fourth Causes of Action: Negligence-Based Causes of Action As an initial matter and as the Court recognized in its ruling on the first demurrer, the District cannot be vicariously liable for Doe 2's sexual abuse of Plaintiff. (See ROA 74; see also, John R. v. Oakland Unified School Dist. (1989) 48 Cal.3d 438, 447; Steven F. v. Anaheim Union High School Dist., (2003) 112 Cal.App.4th 904, 909.) Plaintiff's opposition ...
2023.08.21 Discovery Motions 646
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.08.21
Excerpt: ...ices, Inc. (the “entity defendant”). With regard to the individual defendant, the motions are GRANTED. With regard to the entity defendant, the motions are GRANTED – subject to the filing of a supplemental declaration attaching the discovery requests and the proofs of service. According to the declaration of plaintiff's counsel, all three discovery devices were served on the defendants and no responses were received. California Code of Civi...
2023.08.21 Motion for Summary Adjudication 514
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.08.21
Excerpt: ...reach and resulting damage. [Citation.] If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement must be attached and incorporated by reference.” (Harris v. Rudin, Richman & Appel (1999) 74 Cal. App. 4th 299, 307.) Plaintiff has pled the existence of a valid contract between it and defendant/cross- complainant Rezidential Development, Inc. ...
2023.08.14 Motions to Strike 242
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.08.14
Excerpt: ...ion of the Prayer seeking prejudgment interest, Civil Code § 3291 does not apply to wrongful termination actions. (Holmes v. General Dynamics Corp. (1993) 17 Cal.App.4th 1418, 1436; 6 Witkin, Summary 11th Torts § 1828 (2023); Gourley v. State Farm Mut. Auto. Ins. Co. (1991) 53 C.3d 121.) As the gravamen of the claim here is wrongful termination, § 3291 is inapplicable, and no other basis for prejudgment interest is apparent. The Complaint, as ...
2023.08.14 Motion for Summary Judgment, Adjudication 260
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.08.14
Excerpt: ... breach as the proximate or legal cause of the resulting injury.' ” (Ladd v. Cty. of San Mateo (1996) 12 Cal. 4th 913, 917.) “[T]he existence of a duty is a question of law for the court.” (Kentucky Fried Chicken of Cal., Inc. v. Superior Court (1997) 14 Cal. 4th 814, 819.) “It is fundamental that in order to take charge of a person in such a manner as will create a duty to control his conduct, one must possess the ability to control that...
2023.07.24 Motion to Compel Production of Docs 613
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.07.24
Excerpt: ...ce documents responsive to subpoena request Nos. 4 – 7 at this time. Before the court is a request to order Plaintiff's current counsel of record to produce documents responsive to a subpoena duces tecum (“Subpoena”). (Civ. Proc. Code § 2031.240.) The basis for the Subpoena is that CST previously represented Plaintiff and his mother/bankruptcy attorney Amanda J. Potier in another action (“CTI Action”). Several of the Defendants in this...
2023.07.24 Motion for Attorney Fees 790
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.07.24
Excerpt: ... Civ. Proc. Code § 405.38. (Mash & Barrel, LLC v. Superior Ct. of Fresno Cnty. (2022) 74 Cal. App. 5th 1, 42-43.) “The purpose underlying section 405.38 is to curtail misuse of the lis pendens procedure.” (J&A Mash & Barrel, LLC v. Superior Ct. of Fresno Cnty. (2022) 74 Cal. App. 5th 1, 42.) “The term prevailing party was not defined in the statute and, as a result, courts determine the prevailing party by taking a practical approach that ...
2023.07.24 Demurrer 366
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.07.24
Excerpt: ...o matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. (Day v. Sharp (1975) 50 Cal.3...
2023.07.17 Motion to Compel Further Responses 450
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.07.17
Excerpt: ...n other than the date, time, and length of calls made and received, redacted. This motion concerns Plaintiff's Request for Production No. 19, which seeks: “All bills and usage statements for the date of the INCIDENT (i.e., the 24-hour time period) for any mobile communications device (such as a cellular telephone) in YOUR possession, custody and/or control on the date of the INCIDENT.” (¶8 of Nikarjam Declaration and Exhibit B thereto.) As n...
2023.07.10 Motion to Compel Arbitration and Dismiss or Stay Proceedings 228
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.07.10
Excerpt: ...tated verbatim in the petition or attached thereto. (C.R.C. 3.1330.) The burden then shifts to the resisting party “to demonstrate that an arbitration clause cannot be interpreted to require arbitration of the dispute.” (Buckhorn v. St. Judge Heritage Medical Group (2004) 121 Cal.App.4th 1401, 1406.) Any reasonable doubt as to whether a claim falls within the arbitration clause is to be resolved in favor of arbitration. (Villacreses v. Molina...
2023.07.10 Demurrer 992
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.07.10
Excerpt: ...rst and fourth causes of action). The general demurrers of defendants Samantha Zehngut and Julia Mestas to the fifth cause of action are SUSTAINED with 30 fays leave to amend. First cause of action for gender and pregnancy discrimination. The first cause of action is for gender and pregnancy discrimination and is brought against all three defendants. A prima facie case for a discrimination requires a showing by the plaintiff of the following elem...
2023.07.03 Special Motion to Strike 672
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.07.03
Excerpt: ...First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success…‘[C]laims with the requisite minimal merit may proceed.' ” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384-385, 205, fn. omitted.) “Assertions that are ‘merely i...
2023.07.03 Demurrer 827
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.07.03
Excerpt: ...st produce evidence they were subjected to ‘offensive comments or other abusive conduct' that is (1) based on a ‘protected characteristic' (here, a claimed disability) and (2) ‘sufficiently severe or pervasive as to alter the conditions of [his] employment.' (Serri v. Santa Clara University (2014) 226 Cal.App.4th 830, 871.) … Factors to consider in this context include the frequency of the conduct, its severity, whether it is physically t...
2023.06.28 Motion for Summary Judgment 090
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.06.28
Excerpt: ...itive damages. A. First Cause of Action – Hostile Work Environment Harassment “[A]n employee claiming harassment based upon a hostile work environment must demonstrate that the conduct complained of was severe enough or sufficiently pervasive to alter the conditions of employment and create a work environment that qualifies as hostile or abusive to employees because of their [protected status].” (Ortiz v. Dameron Hospital Assn. (2019) 37 Ca...
2023.06.28 Application for Writ of Attachment 942
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.06.28
Excerpt: ...orber Indus. v. Turbulence, Inc. (1985) 175 Cal. App. 3d 532, 535.) Plaintiff seeks a writ of attachment pursuant to Civ. Proc. Code § 483.010, which requires 1) an action on a claim or claims for money; 2) each of which is based upon a contract, express or implied; 3), where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than five hundred dollars ($500) exclusive of costs, interest, and attorney's fe...
2023.06.26 Motion for Summary Judgment, Adjudication 149
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.06.26
Excerpt: ...unique set of rules adapted from the three-stage burden-shifting test established by the United States Supreme Court in McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792. The burden-shifting for discrimination claims also is applied to retaliation claims. (Yanowitz v. L'Oreal USA, Inc., 36 Cal.4th 1028, 1042.) A. First Cause of Action – Harassment/Hostile Work Environment To establish a prima facie case of harassment/hostile work environment...
2023.06.12 Motion to Strike 664
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.06.12
Excerpt: ... against him on summary judgment, they are not entitled to recover any costs, citing Labor Code § 218.5. Plaintiff contends that, under this code section, if the prevailing party in a court action is not an employee, attorney's fees and costs may only be awarded if the Court finds that the employee brought the action in bad faith, i.e., it finds that the action is unreasonable, frivolous, meritless, or vexatious. Plaintiff contends that the acti...
2023.06.12 Motion for Summary Adjudication 810
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.06.12
Excerpt: ...rty's or one's own act or default.” (INDEMNIFY, Black's Law Dictionary (11th ed. 2019).) “Express indemnity refers to an obligation that arises “ ‘by virtue of express contractual language establishing a duty in one party to save another harmless upon the occurrence of specified circumstances.' ” [Citation.] Express indemnity generally is not subject to equitable considerations or a joint legal obligation to the injured party; rather, i...
2023.06.12 Discovery Motions 555
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.06.12
Excerpt: ...documents, and requests for admission are due 30 days after service (plus appropriate time for method of service). (CCP §§ 2030.260, 2031.260, and 2033.250.) With respect to the Requests for Admission, a propounding party may ask the court for an order that deems the matters contained in the requests for admission admitted if the receiving party fails to respond to the requests for admission. (CCP § 2033.280(b).) The court shall grant the orde...
2023.05.15 Motion to Compel Arbitration and Stay Action 342
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.05.15
Excerpt: ... either be stated verbatim in the petition or attached thereto. (C.R.C. 3.1330.) NNA moves to compel arbitration based on the arbitration agreement contained in the Retail Installment Sale Contract ("RISC") attached as Exhibit 4 to the Maugeri Declaration. The RISC, dated 5/30/20, is between plaintiffs Yesenia Delao and Patricia Delao ("Plaintiffs") as "Buyer" and Buena Park Nissan as "Seller-creditor." NNA acknowledges that it is not a signatory...
2023.05.15 Motion for Terminating, Issue, and Evidentiary Sanctions 920
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.05.15
Excerpt: ...he request for issue and terminating sanctions. As a threshold matter, defendants have met their burden of showing that plaintiff intentionally destroyed evidence after contacting a lawyer and while considering litigation. In her deposition, plaintiff admitted that, prior to turning in her computer to her employer, she downloaded certain files onto thumb drives and used a special program to entirely wipe the computer. Furthermore, although we do ...
2023.05.15 Motion for Preliminary Injunction 532
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.05.15
Excerpt: ...e Lock Co. (2002) 101 Cal.App.4th 1443, 1449—1450.) Plaintiff seeks an injunction to prohibit defendants Ruth Anne Della Vedova ("Della Vedova" individually); Barbara A. Kerr; and Asset Default Management, Inc. ("ADMI" individually; 'Defendants" together with Vedova) from selling real property located at 19311 Oriente Drive in Yorba Linda ("Property"). 1) Likelihood of Prevailing On the Merits Plaintiffs' Complaint states various causes of acti...
2023.05.08 Motion for Summary Judgment, Adjudication 149
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.05.08
Excerpt: ...s adapted from the three-stage burden-shifting test established by the United States Supreme Court in McDonnell Douglas corp. v. Green (1973) 411 U.S. 792. The burden-shifting for discrimination claims also is applied to retaliation claims. (Yanowitz v. L'Oreal USA, Inc., 36 cal.4th 1028, 1042.) A. First Cause of Action — Harassment/HostiIe Work Environment To establish a prima facie case of harassment/hostile work environment under the Fair Em...
2023.05.01 Demurrer 142
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.05.01
Excerpt: ....6(c), "If a borrower submits a complete application for a first lien loan modification offered by, or through, the borrower's mortgage servicer at least five business days before a scheduled foreclosure sale, a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent shall not record a notice of default or notice of sale, or conduct a trustee's sale, while the complete first lien loan modification application is pending. A mortgag...
2023.05.01 Motion for Determination of Good Faith Settlement 981
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.05.01
Excerpt: ... moving defendants to pay $135,000 in exchange for a dismissal. It is conditional upon: (1) the entry of a final, non- appealable order granting the instant motion for an order determining the settlement to be in good faith; and (2) the supplemental production by settling defendants of documents responsive to plaintiff's requests for production. Responding co-defendants Sunil Kirit Mehta, Real Estate Xperts, Inc., and O.Rhyan Capital Management, ...
2023.05.01 Demurrer 946
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.05.01
Excerpt: ...ction for Violation of Penal Code S 496(a), seeking treble damages under Penal Code 496(c). The Siry court is clear: "A plaintiff may recover treble damages and attorney's fees under section 496(c) when property has been obtained in any manner constituting theft." (Siry Investment, L.P. v. Farkhondehpour (2022) 13 Cal.5th 333, 361.) The question is whether Plaintiff has adequately alleged that property has been obtained in a manner constituting t...
2023.05.01 Motion for Preliminary Injunction 107
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.05.01
Excerpt: ...t complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights...
2023.05.01 Motion for Reconsideration 308
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.05.01
Excerpt: ...e. "CA]II that is necessary is to call the court's attention to such papers." (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) 'l g.53.1a.) Nonetheless, the Court will GRANT both parties' requests for judicial notice as to the existence of the following documents only: Fidelity's Complaint, Demurrer to FAXC, Demurrer to SAXC, the SAXC, Notice of Ruling Re: Plaintiff Fidelity National Title Insurance Company...
2023.05.01 Motion to Quash, for Protective Order 133
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.05.01
Excerpt: ... Apartment Homes, 500 Estancia, Irvine, CA 92602, involving Jiahan wu, DOB 9/19/2020." Defendants assert that the subpoena is overbroad, but provide no explanation or argument as to how the request is overbroad nor do Defendants offer any possible narrowing. Defendants argue that production of the requested items would violate Defendant Cruz's Fifth Amendment Rights. Defendants argue that Defendant Cruz's privacy rights are at issue, as he could ...
2023.04.24 Special Motion to Strike, Demurrer 730
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.04.24
Excerpt: ...right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." "The moving defendant bears the burden of establishing that the challenged allegations or claims 'aris[e] from' protected activit...
2023.04.24 Motion to Stay Discovery 133
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.04.24
Excerpt: ...her the court stated "Where, as here, a defendant's silence is constitutionally guaranteed, the court should weigh the parties' competing interests with a view toward accommodating the interests of both parties, if possible. An order staying discovery until expiration of the criminal statute of limitations would allow real parties to prepare their lawsuit while alleviating petitioners' difficult choice between defending either the civil or crimin...
2023.04.24 Motion to Compel Deposition of Retained Expert 497
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.04.24
Excerpt: ...sition date for 3/13/23. (Baghdassarian Decl. g, Ex. 8.) At that time, trial had been reset for 3/27/23 along with all related dates. (ld. at Tl 8, Ex. 7; see also M.O. of 2/9/23). Plaintiff served objections thereto on 3/7/23 and refused to produce the expert for the deposition. (ld. at g, Ex. 10.) None of those objections suffice to excuse the refusal to produce the expert for deposition on 3/13/23. Plaintiff argued that the date set was after ...
2023.04.03 Demurrer to FAC 335
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.04.03
Excerpt: ...e is defined in Welf. & Inst. Code 515610.07 as physical abuse, neglect, abandonment, isolation, abduction or other treatment resulting in physical harm, pain or mental suffering or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect is defined in 515610.57(a) (1) as "the negligent failure of any person having the care or custody of an elder or a dependent adult to exerci...
2023.03.27 Special Motion to Strike 694
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.03.27
Excerpt: ...f to demonstrate the merit of the claim by establishing a probability of success." (Baral v. Schnitt (2016) 1 Cal. 5th 376, 384.) If the defendant meets his burden, then the plaintiff must show the "challenged claim based on protected activity is leqallv sufficient and factually substantiated. The court, without resolving evidentiary conflicts, must determine whether the plaintiff's showing, if accepted by the trier of fact, would be sufficient t...
2023.03.27 Motion to Disqualify Attorney 602
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.03.27
Excerpt: ...alue of legal services rendered in the case; or (3) the lawyer has obtained informed written consent from the client." "A comment to the rule clarifies that the informed-consent exception is not absolute: "Notwithstanding a client's informed written consent, courts retain discretion to take action, up to and including disqualification of a lawyer who seeks to both testify and serve as an advocate, to protect the trier of fact from being misled or...
2023.03.27 Motion to Compel Orthopedic and Neuropsychological Exam 558
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.03.27
Excerpt: ...ed by CCP section 2032.220. (Code Civ. Proc. S 2032.310(a).) The motion to compel a physical or mental examination shall be qranted only for good cause shown. (Code Civ. Proc. S 2032.320(a).) A showing of good cause requires "that the party produce specific facts justifying discovery and that the inquiry be relevant to the subject matter of the action or reasonably calculated to lead to the discovery of admissible evidence." (Vinson v. Superior C...
2023.03.20 Demurrer 909
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.03.20
Excerpt: ... to conduct that would support recovery of punitive damages." (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 405) "The plaintiff must also allege (and ultimately prove by clear and convincing evidence) that the neglect caused the elder or dependent adult to suffer physical harm, pain or mental suffering. (Citations omitted) Finally, the facts constituting the neglect and establishing the causal link between the neglec...
2023.03.20 Motion for Leave to File Amended Answer 449
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.03.20
Excerpt: ...age of the proceedings, up to and including trial," absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Absent prejudice, delay alone is not ground for denial. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, it is an abuse of discretion to deny leave in such a case, even if sought as late as the time of trial. (Hi...
2023.03.20 Motion for Transfer of Venue 461
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.03.20
Excerpt: ...s been deemed a vexatious litigant as of 11/9/22, per OCSC Case No. 1600001283, and is therefore subject to the requirements and restrictions set forth in C.C.P. S 391 et seq. for this case and for all other filings subsequent to that designation. However, as Motion 1 was presented before that designation was entered, the Court has considered it here. Motion 1 (Plaintiff's Motion for Transfer. etc.) is DENIED. The Los Angeles Superior Court previ...
2023.03.20 Motion to Compel Deposition of PMK 321
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.03.20
Excerpt: ...nd Written Discovery. For the reasons set forth below, Plaintiffs' motion is GRANTED and the Dunn Defendants' motion is DENIED. The parties are ordered to meet and confer regarding available dates for the deposition of the Dunn Group's PMK to be conducted within 45 days of the date of this order. The Dunn Defendants are ordered to provide responses to the written discovery at issue within 30 days of the date of this order. Plaintiffs' request for...
2023.03.13 Motions to Compel Further Responses 149
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.03.13
Excerpt: ... for inspection with: (1) a statement that the party will comply with the particular request; (2) a representation that the party lacks the ability to comply; or (3) an objection to the particular demand for inspection, copying, testing, or sampling. (Code Civ. Proc., § 2031.210(a).) A statement that the party will comply shall state that the production, inspection, copying, testing, or sampling, will be allowed either in whole or in part, and t...
2023.03.06 Motion to Consolidate 106
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.03.06
Excerpt: ...ond motion filed by plaintiffs' counsel seeking an order to consolidate these cases. In the first motion, plaintiffs filed the motion in Case No. 2020-01161967. That motion was denied on 1/14/22 with a detailed minute order which was filed in this action at ROA 64. In the Court's 1/14/22 order, the Court noted that plaintiffs had failed to comply with California Rule of Court Rule 3.350. In this motion, Plaintiffs have again failed to comply with...
2023.03.06 Motion to Compel Arbitration and Stay Action 575
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.03.06
Excerpt: ...on must either be stated verbatim in the petition or attached thereto. (C.R.C. 3.1330.) The arbitration agreement at issue is purported to be part of the Retail Installment Sale Contract (“RISC”) attached as Exhibit 4 to the Chung Declaration. However, the RISC attached as Exhibit 4 is only a one-sided document and the Arbitration Provision referenced on the front of Exhibit 4 is not part of the document. To get around this deficiency, NNA su...
2023.03.06 Anti-SLAPP Motion to Strike 957
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.03.06
Excerpt: ...es of Action, as the Court finds the same do not arise from protected activity. Pursuant to C.C.P. §425.16(b)(1), “[a] cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintif...
2023.02.27 Petition for Writ of Mandate 711
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.02.27
Excerpt: ...g the income limits for eligibility for CalFresh benefits. The Department contends that it correctly determined that Petitioner was not eligible for CalFresh benefits. The Department contends that Petitioner does not meet the requirements needed to qualify for a child care (dependent care) deduction. California's CalFresh program enables low-income California households to receive Supplemental Nutrition Assistance Program (SNAP) benefits, previou...
2023.02.27 Motion to Set Aside Notice of Settlement 902
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.02.27
Excerpt: ...l realized that he had served the §998 offer to the wrong plaintiff. Defense counsel immediately telephoned plaintiff and made efforts to resolve this matter informally but plaintiff's counsel took the position that the $500,000 settlement must be paid. An ex parte was then filed on 1/10/23 and plaintiff opposed the ex parte and asked for further time to file a more detailed opposition. As a result, the motion was set for hearing on 2/27/23. Def...
2023.02.06 Special Motion to Strike 581
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.02.06
Excerpt: ...otice of motion is defective. Defendants apparently seek to strike “the Complaint,” when the operative pleading is the First Amended Complaint. Furthermore, the notice of motion fails comply with Rule of Court 3.1322(a) because it does not quote in full the portions sought to be stricken or note the cause of action. Nevertheless, because there is only one cause of action charged against the moving defendants and it appears that the moving def...
2023.02.06 Motion to Quash Service of Summons 620
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.02.06
Excerpt: ...iling (with an acknowledgment of receipt) to a party (§ 415.30), or, if a party is out of state, by any of the preceding means or by first class mailing, requiring a return receipt (§ 415.40). Finally, if service upon a party by these enumerated means proves impossible, service may be effected through publication, which must be authorized by court order. (§ 415.50.) To obtain an order directing service by publication, section 415.50, subdivisi...
2023.02.06 Demurrer 897
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.02.06
Excerpt: ... Hyundai Sonata. HMA demurs to the Second Cause of Action for Violation of Civil Code §1793.2(b) and the Third Cause of Action for Violation of Civil Code §1793.2(a)(3) on the grounds that the complaint fails allege sufficient facts to support these two causes of action. It is the plaintiff's pleading burden to show that the Song-Beverly Act applies to her claims. (Dagher v. Ford Motor Co. (2015) 238 Cal.App.4th 905, 917). 1. Second Cause of Ac...
2023.02.06 Application for Right to Attach Order 958
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.02.06
Excerpt: ...to (1) Robert A. Lotter, (2) RA Lotter Insurance Marketing, Inc., (3) The Agent Builders Company Insurance Marketing, Inc., (4) The TDS Group Inc. (“Defendants”) The four applications are GRANTED. The within action arises out of four separate Guarantees the Defendants signed relating to a Note for a loan made by CNB to RA Lotter Holdings, Inc. which has defaulted on the loan. Under C.C.P. §483.010, attachment may be issued only if the claim ...
2023.01.30 Demurrer, Motion to Strike 183
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.01.30
Excerpt: ... of its teacher, Doe 2; and (2) Plaintiff fails to sufficiently allege how the District or any of its employees knew or should have known that Doe 2 had engaged in “unlawfully sexually-related conduct” with minors in the past or that such conduct was continuing. Plaintiff failed to rebut the District's contention that it cannot be vicariously liable for Doe 2's sexual abuse of Plaintiff. Thus, Plaintiff appears to have conceded this point. Th...
2023.01.30 Motion to Compel Further Responses, for Sanctions 090
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.01.30
Excerpt: ...met and conferred with regard to RFP Nos. 50 and 52 and have reached an agreement to limit these requests to posts about Plaintiff and posts about the harassment. Thus, the motion is GRANTED subject to the stipulated limitations. Plaintiff has WITHDRAWN her request to compel a further response to RFP No. 53. RFP Nos. 40 and 43 seek the cell phone(s) Anderson had in 2020. Defendant Anderson contends his responses are full and complete as he testif...
2023.01.30 Motion for Summary Adjudication 305
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.01.30
Excerpt: ...ly tolled prior to the filing of her official complaint on October 1, 2019. “The exhaustion of an administrative remedy is a procedural prerequisite to an action at law, and the failure to exhaust it does not divest a trial court of subject matter jurisdiction. As a result, courts can resort to equitable exceptions to this condition precedent.” (Holland v. Union Pac. R.R. Co. (2007) 154 Cal.App.4th 940, 946). One exception arises when DFEH re...
2023.01.30 Motion to Strike 355
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.01.30
Excerpt: ...eges that when Starbuck's lease ended, an unidentified Starbucks employee improperly went on the adjacent property and removed the “grease trap.” Plaintiff alleges this was a violation of the lease which only allowed removal of fixtures/equipment Starbucks installed on the leased premises. Based on these facts, plaintiff alleges breach of contract, trespass and conversion. In paragraph 18 of the trespass cause of action, plaintiff alleges the...
2023.01.23 Motion to Set Aside or Vacate Default 750
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.01.23
Excerpt: ...of or inexcusable neglect. Jeon states he was improperly substitute served at 735 Gramercy Dr., #209, Los Angeles, CA 90005 (“Property”), which is an address Jeon states he, “never used . . . as his address for any purpose whatsoever.” (Jeon Decl. ¶ 5.) Jeon provided his residential address, which is different from the Property. (Jeon Decl. ¶ 5.) Jeon also provided a copy of his proposed answer. (Jeon Decl. ¶ 9, Ex. A.) Having complied...
2023.01.23 Motion for Costs of Proof 590
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.01.23
Excerpt: ...trial and moves for fees under CCP §2033.420, which provides: “(a) If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under this chapter, and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay t...
2022.12.12 Motion to Continue Trial 963
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.12.12
Excerpt: ... request must be considered on its own merits. A court may grant a trial continuance only on an affirmative showing of good cause. The Court finds good cause has been shown to grant the motion as Cross-Defendants recently appeared in the action, discovery is ongoing and trial counsel is unavailable. (CRC 3.1332(c)(3), (5), (6).) In addition, no oppositions were filed, thus no prejudice to any party has been shown. Accordingly, the motion is grant...
2022.12.12 Motion to Compel Arbitration and Stay Action 839
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.12.12
Excerpt: ...A US, LLC. The arbitration agreement at issue at issue is found at page 5 of the Retail Installment Sale Contract (“RISC”) attached as Exhibit A to the Lambert Declaration. The RISC, dated 4/21/17, is between plaintiffs Angela Earthman and Stoney Earthman (“Plaintiffs”) as “Buyer” and Surf City Auto Group as “Seller-Creditor.” FCA acknowledges that it is not a signatory to the RISC. A nonsignatory seeking to enforce an arbitration...
2022.12.12 Motion to Compel Arbitration and Stay Action 333
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.12.12
Excerpt: ...s that it is not a signatory to the RISC. A nonsignatory seeking to enforce an arbitration agreement bears the burden to establish standing to enforce the agreement. (Jones v. Jacobson (2011) 195 Cal.App.4th 1, 15.) Nissan has failed to meet this burden. Felisilda v. FCA USA LLC (2020) 53 Cal.App.5th 486 (Felisilda), upon which Nissan relies, is distinguishable. Unlike in Felisilda, the complaint in this case does not allege or otherwise indicate...
2022.12.12 Demurrer 321
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.12.12
Excerpt: ...action, the demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not contentions, deductions or conclusions of fact or law). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967; Serrano v. Priest (1971) 5 Cal.3d 584, 591.) “To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plai...
2022.12.05 Motion to Tax Costs 590
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.12.05
Excerpt: ...(1) Costs are allowable if incurred, whether or not paid. (2) Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (3) Allowable costs shall be reasonable in amount. (4) Items not mentioned in this section and items assessed upon application may be allowed or denied in the court's discretion.” “If the items appearing in a cost bill appear to be proper ch...
2022.12.05 Motion for Attorney Fees, to Tax Costs 390
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.12.05
Excerpt: ...seeking an order taxing the memorandum of costs filed by the defendants. The motion for attorney fees is DENIED. The motion to tax costs is GRANTED in part. This case arises from a dispute between various parties as to the use/improvement of a piece of vacant land in Dana Point. A court trial was conducted on multiple dates in 2021 and 2022 resulting in a verdict for the defense on all causes of action. Statements of Decision were entered on 12/1...
2022.12.05 Demurrer 801
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.12.05
Excerpt: ...ty managed by Western National Securities. Based on this alleged contractual relationship, plaintiff asserts that Western acted in contravention of his rights as a tenant by preventing him from entering the apartment. Plaintiff alleges this gives rise to the causes of action for (1)Breach Of Contract, (2) Breach Of Covenant Of Good Faith And Fair Dealing, (3) Breach Of Covenant Of Quiet Enjoyment Of The Premises, (4) Intentional Infliction Of Emo...
2022.11.28 Demurrer
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.11.28
Excerpt: ...sonably subject to dispute under Evidence Code section 452(h). Defendant Kidder also asserts that courts routinely take judicial notice of documents incorporated into a complaint. Evidence Code section 452, subdivision (h) permits judicial notice of “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” “It is int...
2022.11.28 Motion for Attorney Fees 775
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.11.28
Excerpt: ...the prevailing party in this action. (Civ. Proc. Code §§ 1032.) As the prevailing party in a civil rights action, Plaintiff is entitled to recovery of attorney fees and expert witness fees. (Civ. Proc. Code § 1033.5(10)(B); Civ Code. §§ 52 and 54.3; 42 U.S.C.A. § 12205.) “[T]he fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate...
2022.11.28 Motion for Summary Judgment, Adjudication 504
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.11.28
Excerpt: ...hed by the United States Supreme Court in McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792. After an initial prima facie showing of discrimination from the employee (which is not at issue in this case), the employer, as the moving party, has the burden to present admissible evidence showing either that: (1) one or more elements of plaintiff's prima facie case is lacking; or (2) the adverse employment action was based upon legitimate, nondiscr...
2022.11.21 Motion to Compel Compliance with Production Request 449
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.11.21
Excerpt: ... party's statement of compliance, the demanding party may move for an order compelling compliance. (Code Civ. Proc., § 2031.320(a).) The Court deems the motion moot as Aptim's opposition shows that it has produced all documents responsive to Request No. 23. (See Miner Decl. [ROA 619], ¶¶ 2, 5-6, 8, Exs. A and C; Rankovich Decl. [ROA 615], ¶¶ 3-6.) While Plaintiff contends that 1,740 closeout packages exist (or 1,793 based on what is stated i...
2022.11.21 Motion to Augment Expert Witness Designation 753
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.11.21
Excerpt: ... shall be made a sufficient time in advance of the time limit for the completion of discovery (the 15th day before the date initially set for trial) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. (Code Civ. Proc. §§ 2034.610, subd. (b) and 2024.020, subd. (a).) Under exceptional circumstances, the court may permit the motion to be made at a later time. (Code Civ. Proc., § 2034.610, subd. (...
2022.11.21 Motion for Summary Judgment 308
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.11.21
Excerpt: ...act and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Plaintiff is a title insurance company that issued a policy of title insurance to the Millers in connection with their purchase of the subject Carnation property in 2008. At the time of issuing the policy, plaintiff erred and did not address the existence of the Wells Fargo home equity line of credit deed of trust (HELOC ...
2022.10.31 Special Motion to Strike, Demurrer, Motion to Strike 730
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.10.31
Excerpt: ... Motion to Strike filed by HOA as to Complaint filed by plaintiff Anthony Aulisio, Jr. 4. Demurrer filed by Feldsott as to Complaint filed by plaintiff Anthony Aulisio, Jr. 5. Demurrer filed by Austin Nichter as to Complaint filed by plaintiff Anthony Aulisio, Jr. 6. Motion to Strike filed by defendant Austin Nichter as to Complaint filed by plaintiff Anthony Aulisio, Jr. Special Motion To Strike [SLAPP] The Special Motion To Strike Portions of P...
2022.10.31 Demurrer to TAC 613
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.10.31
Excerpt: ...s set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited 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.) As to causes of action Nos. 1-16, Defendants bring their Demurrer on the bases that Plaintiff is judicially estopped from pursin...
2022.10.31 Demurrer to FACC 306
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.10.31
Excerpt: ...tate parks in order to provide ready access thereto by the public and to provide means of ingress and egress to highways and roads across state parks from lands separated from such highways and roads by state parks, and for that purpose may enter into contracts or agreements with cities, counties, and other political subdivisions of the State and with other state agencies or with persons, firms or corporations for the acquisition, construction, a...
2022.10.31 Demurrer 772
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.10.31
Excerpt: ...omplaint on the basis that they fail to state sufficient facts to constitute COA against Defendants. (Civ. Proc. Code § 430.10(e).) 1) COA No. 2 – Intentional Misrepresentation “The elements of fraud, which give rise to the tort action for deceit, are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable relianc...
2022.10.31 Demurrer 209
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.10.31
Excerpt: ...ain (Civ. Proc. Code § 430.10(f)); and 3) Plaintiff has failed to join indispensable parties (Civ. Proc. Code §§ 430.10(a) and (d)). 1) COA No. 1 – Breach Of Civil Code § 2924m Civ. Code § 2924m provides means and requirements for the sale of property containing between one to four residential units through a foreclosure sale. For purposes of this matter, Plaintiff has alleged he is an “eligible tenant buyer” and provided a declaration...
2022.10.03 Motion for Summary Judgment, Adjudication 744
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.10.03
Excerpt: ...separate pleading. (CRC 3.1354(b); Hodjat v. State Farm Mut. Auto. Ins. Co. (2012) 211 Cal.App.4th 1, 8-9—court did not abuse its discretion in refusing to consider objections not filed separately as required by rule). The City's evidentiary objections are OVERRULED. Allegations in the Complaint: Plaintiff's complaint asserts causes of action for premises liability and negligence based on general negligence and dangerous condition of public pro...
2022.10.03 Demurrer 911
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.10.03
Excerpt: ...fendants Tesla, Inc., and Tesla Energy Operation, Inc. demur generally to all seven causes of action in the complaint. First and second causes of action for intentional and negligent misrepresentation, respectively. At the previous hearing of August 8, 2022, the court had issued a tentative ruling sustaining the demurrer to the first and second causes of action based on the economic loss rule. (See Food Safety Net Services v. Eco Safe Systems USA...
2022.08.29 OSC Re Preliminary Injunction and Motion to Seal 604
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.08.29
Excerpt: ...party is likely to sustain if the injunction is denied and the harm the opposing party is likely to suffer if the injunction is granted. (White v. Davis (2003) 30 Cal.4th 528, 554; Teamster Local 856 v. Priceless, LLC (2003) 112 Cal.App.4th 1500, 1509.) The moving party bears the burden of presenting facts establishing that it is reasonably probable that the moving party will prevail on the merits. (Fleishman v. Superior Court (2002) 102 Cal.App....

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