Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

442 Results

Clear Search Parameters x
Location: Orange County x
Judge: Hoffer, David A x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 507)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 150,50
Array
(
)
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 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...
2023.04.24 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 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 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 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 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 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 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....

442 Results

Per page

Pages