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2023.12.18 Motion to Quash Deposition Subpoena 604
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.18
Excerpt: ...vacy exists as to a party's employment records. (Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, 528-529.) However, privacy protections are not absolute, and courts must carefully balance the right of privacy against the need for discovery. The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion t...
2023.12.18 Motion for Summary Judgment, Adjudication 659
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.18
Excerpt: ...ng Companies, Inc. ("SBC"), Bisher Aljazzar ("Aljazzar"), Deenna S. Elsherif ("Elsherif") (individually and as trustee of the Deenna Elsherif Living Trust etc.), and Stolac LP ("Stolac") (collectively the "Defendants"). Under C.C.P. S 437c(p)(1), on a motion for summary judgment or adjudication, a moving plaintiff has the initial burden of showing each element of the cause of action entitling the party to judgment thereon and that there is no def...
2023.12.18 Demurrer 859
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.18
Excerpt: ...s and unintelligible as pled. (Code Civ. Proc. S 430.10(f).) 1) COA No. 2 —Negligent Failure to Carry Out a Mandatory Duty Pursuant to Education Code S 44807 & 44808 This is a negligence per se COA as it is based upon two statutes. "The doctrine of negligence per se is not a separate cause of action, but creates an evidentiary presumption that affects the standard of care in a cause of acton for negligence." (Turner v. Seterus, Inc. (2018) 27 C...
2023.12.18 Motion for Trial Preference 823
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.18
Excerpt: ...dice or the status of the case as a whole are unavailing. It is undisputed that Plaintiff Aiden Bravo is under the age of 14 and that this case is a wrongful death/personal injury case. The question is whether the minor plaintiff has a substantial interest in "the case as a whole." The court is unaware of case law that sets out any test or boundaries to determine whether the minor has a substantial interest in the case as a whole, leaving this as...
2023.12.11 Motions to Compel Further Responses 709
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.11
Excerpt: ...Plaintiff has failed to show that it did not adequately comport with C.C.P. S 2015.5. On the merits, for Form Interrogatory ("FROG") Nos. 1.1, 15.1, and 17.1 as directed to RFA 14, each response is incomplete and lacking in adequate specificity. The Motion is therefore GRANTED for FROG Nos. 1.1, 15.1, and 17.1 as directed to RFA 14. The Motion is DENIED as to FROG 2.8, as Plaintiff has not shown why the response is insufficient given the context ...
2023.12.11 Motion to Compel Arbitration 780
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.11
Excerpt: ...r both state and federal law." (Tiri v. Lucky Chances, Inc. (2014) 226 Cal. App. 4th 231, 240.) "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense." (Engalla v. Permanente Medical Group, Inc. (1997) 15 cal.4th 951, 972; Green Tree Financial ...
2023.12.11 Demurrer 226
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.11
Excerpt: ...ty or was regarded as suffering from a disability; (2) he could perform the essential duties of the job with or without reasonable accommodations; and (3) he was subjected to an adverse employment action because of the disability or perceived disability. (Wills v. Superior Court (2011) 195 Cal.App.4th 143, 159-160.) Because Plaintiff's claims are asserted against a public entity and are based on FEHA, a statutory scheme, his causes of achon must ...
2023.12.04 Motion to Compel Compliance with Subpoena 308
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.04
Excerpt: ...tion to compel a nonparty to comply with a deposition subpoena for document production. At least one court applied the good cause showing requirement to a nonparty production, "since it is unlikely the Legislature intended to place greater burdens on a nonparty than on a party to the litigation." (Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 223-224.) To establish "good cause," the burden is on the moving party to demo...
2023.12.04 Motion to Compel Arbitration 258
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.04
Excerpt: ...ent between the parties that covers the controversy or claims at issue. (Roes v. SFBSC Management, LLC (9th Cir. 2016) 655 Fed.Appx. 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 FDA's scope, courts apply state contract law while giving due regard to the federal policy favoring arbitration." (Pinnacle Museum Tower ...
2023.12.04 Demurrer, Motion to Strike 216
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.04
Excerpt: ...nd cause of action for battery. "A battery is any intentional, unlawful and harmful contact by one person with the person of another.... A harmful contact, intentionally done is the essence of a battery.... A contact is "unlawful" if it is unconsented to....' [Citation.) The elements of a civil battery are: ' "1. Defendant intentionally did an act which resulted in a harmful or offensive contact with the plaintiffs person; [9] 2. Plaintiff did no...
2023.12.04 Motion to Compel Compliance with Subpoena for Production of Business Records 823
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.04
Excerpt: ...'s discovery response from September 25, 2022 indicating she was being treated by the Witness as a result of the subject incident and Plaintiff's claim for wrongful death damages based on loss of society, comfort, care, and protection afforded by the decedent. However, Plaintiff amended her discovery response just two days after the initial responses to indicate that the Witness had been erroneously identified and to clarify that Plaintiff was no...
2023.12.04 Motion to Exclude Expert Witness Evidence 974
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.04
Excerpt: .... Code S 210.) In terms of expert evidence, such testimony must be "[r]elated to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact." (Evid. Code S 801.) Here, the City's expert evidence is relevant to the City's defenses in this action. Petitioner alleges the City illegally imposed water and sanitation fees and charges on residents that exceed the cost of providing said services a...
2023.12.04 Motions for Summary Judgment, Adjudication 287
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.12.04
Excerpt: ...ding company that owns Flagstone Healthcare Central, LLC which owns Empire. TEG also owns ESI which had a consulting agreement with Empire to provide various services. l. MOTION BY THE ENSIGN GROUP, INC. Plaintiff's Objections to Decl. of Robert Shephard Plaintiff asserts objections to 17 statements made in the declaration of Robert Shephard. The objections are OVERRULED. Plaintiff's Request for Judicial Notice Plaintiff asks the Court to take ju...
2023.11.27 Motion to Tax Costs 497
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.11.27
Excerpt: ...discussed below. On Item 1, Plaintiff asserts that $90 of the sum claimed should be taxed. The Court, however, has found that only $30 of the sum claimed should be taxed, for five "check advance" fees at $6 each. The Mohon is therefore granted as to $30 of the sum claimed, but otherwise denied. On Item 5, the charges claimed appear appropriate, except as to those for picking up exhibits ($81.50) and for the entry showing "2/28/23 Copy to Court" (...
2023.11.27 Motion to Set Aside Default, Judgment 439
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.11.27
Excerpt: ...exemption. l. MOTION TO VACATE DEFAULT The motion to vacate is based on CCP "473.5 and 473(b). The subject motion is made on behalf of both RND Genetics and Richard Santos. With regard to RND Genetics, Hensley submits proof that it served the complaint on RND Genetics. (Exh. 5 to Murray Decl.) There is no evidence submitted by RND Genetics, LLC showing that it was not pro#rly served with the complaint. Further, Santos states in his declaration th...
2023.11.20 Motion for Summary Judgment, Adjudication 003
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.11.20
Excerpt: ...discovery into similar defects on similar automobiles as the vehicle at issue. Plaintiff has not made sufficient arguments showing that information is relevant to the issues in the present Moton. Thus, the court denies that request. Plaintiff also argues Defendant did not strictly comply with CA Rules of Court, Rule 3.1350(b). The court finds Defendant's notice and separate statement were sufficiently similar to on the merits of the Moton. The co...
2023.11.13 Motion to Contest Good Faith Settlement 006
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.11.13
Excerpt: ...ttling Defendants"). Where a non-settling defendant contests "good faith," the moving party must make a sufficient showing on all Tech-Bilt factors. (City of Grand Terrace v. Sup.Ct. (1987) 192 CA3d 1251, 1261-1252; Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 cal. 3d 488, 499.) The settlement must be within the "ballpark" of the settling party's share of potential liability. (Tech-Bilt, supra, 38 Cal.3d at 499.) But the party asserti...
2023.11.13 Motion to Compel Arbitration 750
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.11.13
Excerpt: ... with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute. Doubts should be resolved in favor of coverage." ' " (Ramos v. Su#rior Ct. (2018) 28 Cal. App. 5th 1042, 1051.) When a party petitions a court to compel arbitration under the FAA, "the district court's role is limited to determining whether a valid arbitration agreement exists and, if so, whether the agreement encompasses...
2023.11.13 Demurrer, Motion to Strike 109
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.11.13
Excerpt: ... for negligent infliction of emotional distress, the elements of duty, breach of duty, causation and damages apply. (Huggins v. Longs Drug Stores California, Inc. (1993) 6 Cal.4th 124, 129.) The facts as alleged do not permit such a claim here. When asserting a "direct victim" claim such as that alleged here, a plaintiff may recover in only three types of factual situations: (1) the negligent mishandling of corpses (Christensen v. Superior Court ...
2023.11.13 Demurrer 912
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.11.13
Excerpt: ...contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Cause of Action 2: Sexual Harassment To allege a claim for hostle work environment, plaintiff must plead 1) plaintiff belongs to a protected group; (2) plaintiff was subject to unwelcome sexual harassment; (3) the harassment complained of was based on sex; (4) the harassment complained of was sufficiently pervasive so as to alter the conditions of...
2023.11.06 Motion for Summary Judgment 488
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.11.06
Excerpt: ...nd the declarations then provide page and line references for the identified exhibits. The Motion thus adequately complies with the requirement. On the merits, TIC has shown that the subject curb where Plaintiff fell was not a "dangerous condition" as a matter of law. The uncontradicted evidence reflects that it was and comports with industry standards. (UF 19, 20.) Whether a condition is dangerous may be resolved as a question of law if reasonab...
2023.11.06 Motion for Judgment on the Pleadings 891
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.11.06
Excerpt: ...pear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." (CCP S438(d).) "In reviewing the motion, [the Courtl deem[s] true all properly pleaded material facts, but not contentions, deductions, or conclusions of fact or law, and we may also consider judicially noticed matters. [Citation.]" (Bear Creek Master Assn. v. Southern California Investors, Inc. (2018) 28 Cal.App.5th 809, 817.) ...
2023.10.23 OSC Re Preliminary Injunctions 928
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.23
Excerpt: ...that it is reasonably probable it will prevail on the merits. (San Francisco Newspaper Printing Co. v. Superior Court (1985) 170 Cal.App.3d 438, 442; Weil & Brown, 9:632.1.) Additionally, "[i]n deciding whether to issue a preliminary injunction, a trial court we-ghs two interrelated factors: [1] the likelihood the moving party ultimately will prevail on the merits, and [2] the relative interim harm to the parties from the issuance or noninsurance...
2023.10.23 Motions for Summary Judgment, Adjudication 759
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.23
Excerpt: ... Sales, Inc. ("Truxas") is off calendar per notice of withdrawal at ROA 464. The Second Amended Motion On 04/10/23, after Engs had filed ffs opposition to Emilio's initial MS] filed 10/11/22, the court continued the hearing on the initial MSJ to 08/28/23. The court's minute order did not authorize Emilio to file an amended motion. Emilio also never sought leave of court to file an amended motion. Thus, at that point, Emilio's options were to file...
2023.10.23 Demurrer, Motion to Strike 021
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2023.10.23
Excerpt: ... 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 that the defect can be cured by amendment." (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Here, the only allegations asto Defendant Wag Labs, Inc. ("Defendant" or "Wag ...

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