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2021.08.23 Motion to Stay Court Action and Compel Mediation and Binding Arbitration 676
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.23
Excerpt: ...d to mediation and binding arbitration with Plaintiffs pursuant to the Residential Purchase Agreement and Joint Escrow Instructions (“PSA Agreement”). (Complaint, Ex. A, at ¶22) There is no dispute that the mediation and arbitration provision in the PSA Agreement covers Plaintiffs' claims and was signed by Plaintiffs and Defendant. (Id.) Thus, the burden shifts to Plaintiffs to demonstrate the arbitration agreement is not enforceable. (Buckh...
2021.08.23 Motion to Compel Arbitration 854
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.23
Excerpt: ...ants' evidence, Plaintiff concedes having signed the arbitration agreement and, in fact, authenticates a copy of the agreement himself. (¶21-¶22 of Dawson Declaration and Exhibit A thereto). Attached as Exhibit A to the Dawson Declaration is a “Dispute Resolution Agreement” wherein Plaintiff and Defendant Fletcher Jones Motor Cars, Inc. agreed “to utilize binding individual arbitration to resolve all disputes that might arise out of or be...
2021.08.23 Motion for Summary Adjudication 582
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.23
Excerpt: ...alifornia law – instead it has claimed only that “in the interests of judicial economy and to focus and streamline this matter” it “will not seek to enforce the restrictive covenants” at issue. (Chang Decl., Ex. 2.) That concession does not render the Motion moot. Nor does the evidence reflect that the Illinois action has been dismissed with prejudice, or that Affinitiv has stipulated that the provisions at issue are invalid under Calif...
2021.08.23 Demurrer 889
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.23
Excerpt: ... A judgment in that action will not affect the present lawsuit. Thus, C.C.P. § 430.10(c) is inapplicable. In addition, Defendant failed to show that there is a defect or misjoinder of parties such that C.C.P. § 430.10(d) would apply. There are no allegations that a necessary party is missing or that plaintiff or defendant are improperly joined. Thus, C.C.P. § 430.10(d) is inapplicable. There is also no evidence that Plaintiff has engaged in an...
2021.08.23 Demurrer 215
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.23
Excerpt: ...re granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695, internal citations and quotation marks omitted.) Also, “[a] demurrer for uncertainty shou...
2021.07.26 Motion for Summary Adjudication 668
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.26
Excerpt: ...judgment must “show” that either one or more elements of the “cause of action … cannot be established”, or there is a complete defense to that cause of action. (CCP § 437c(p)(2).) Once defendants meet this burden, the burden shifts to plaintiff to prove the existence of a triable issue of fact regarding that element of its cause of action or that defense. If plaintiff is unable to do so, defendants are entitled to judgment as a matter ...
2021.07.26 Demurrer 098
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.26
Excerpt: ...ed as a cross-defendant. (See TACC at 1:8 and p.6 and CRC 2.112.) The moving brief does not cite to any recognized statutory basis for demurring to miscellaneous allegations within a pleading. (See Dmrr p. 1, Moving Mem. p. 3-4 and compare CCP 430.10 and CRC 3.1320(a), Pointe San Diego Residential Community, L.P. v. Procopio, Cory, Hargreaves & Savitch, LLP (2011) 195 Cal.App.4th 265, 274 (demurrer challenges a cause of action, not “portions”...
2021.07.12 Motion to Strike 990
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.12
Excerpt: ...o judicial notice. See, CCP § 437, subd. (a). There is no request for judicial notice. Thus, the facts contained in the Opposition and supporting documents are disregarded to the extent that they go beyond the four corners of the FAC. Punitive Damages Pursuant to Civil Code § 3294(a), a plaintiff may seek punitive damages for “oppression, fraud, or malice.” Civil Code §3294(c) defines “malice” as conduct which is intended to cause inju...
2021.07.12 Motion to Disqualify 454
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.12
Excerpt: ...�� produced, the record before the court does not establish that this disclosure was, or reasonably should have been, apparent to the attorney for Plaintiffs in the circumstances. This conclusion is based on many factors, including the very nature of the records requested in the subpoena (directly requesting the records produced), that the records were then released by a witness who is an attorney, that some information in the production reasonab...
2021.07.12 Motion for Terminating Sanctions 442
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.12
Excerpt: ...court order to provide discovery.” CCP § 2023.030 subdivisions (a)-(c) authorizes the court to impose monetary, issue, or evidentiary sanctions against anyone engaging in conduct that is a misuse of the discovery process. CCP § 2023.030 subdivision (d) permits the court to impose a terminating sanction. CCP § 2023.030 subdivision (e) provides, “The court may impose a contempt sanction by an order treating the misuse of the discovery proces...
2021.07.12 Demurrer, Motion to Strike 033
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.12
Excerpt: ... 2009, [defendant] promised [plaintiff], via e-mail and a telephone call, she would promptly prepare and deliver trust documents…”) and Tenet Healthsystem Desert, Inc. v. Blue Cross of California (2016) 245 Cal.App.4th 821, 838 (“Hospital has … clearly pled facts that show how the statements were made (directly to agents of Hospital through telephone calls and written letters faxed to Hospital)…”).) In other respects, the demurrer's a...
2021.06.14 Demurrer 201
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.06.14
Excerpt: ...ier action growing out of the same transaction and between the same parties is a ground for abatement of the second action.” (Id. at 574). “The defendant may assert the pending action as a bar either by demurrer, or, where fact issues must be resolved, by answer.” (Id.). “In either case, where the court determines there is another action raising substantially the same issues between the same parties, it is to enter the interlocutory judgm...
2021.06.14 Demurrer 946
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.06.14
Excerpt: ... To be sure, fraudulent intent must often be established by circumstantial evidence…. if plaintiff adduces no further evidence of fraudulent intent than proof of nonperformance of an oral promise, he will never reach a jury.” (Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30-31; see Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Assn. (2013) 55 Cal.4th 1169, 1183.) However, this is generally a matter of proof and evidence...
2021.06.14 Demurrer 329
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.06.14
Excerpt: ...ation of territorial market areas and to provide security and to clarify the relations between manufacturers and their nonemployee sales representatives. Civ. Code § 1738.10. “The Legislature intended [the Act] to safeguard only nonemployee ‘middle-men' sales representatives dealing with wholesale goods.” Reilly v. Inquest Tech., Inc. (2013) 218 Cal. App. 4th 536, 546. The Act “specifically exclude[s] from coverage salespersons and retai...
2021.06.14 Motion to Compel Arbitration 854
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.06.14
Excerpt: ...f. (¶21-¶22 of Dawson Declaration and Exhibit A thereto). Attached as Exhibit A to the Dawson Declaration is a “Dispute Resolution Agreement” wherein Plaintiff and Defendant Fletcher Jones Motor Cars, Inc. agreed “to utilize binding individual arbitration to resolve all disputes that might arise out of or be related in any way to [Plaintiff's] employment by the Dealership.” (See §1 of Exhibit A to the Dawson Declaration). Additionally,...
2021.06.07 Motion to Compel Further Deposition 647
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.06.07
Excerpt: ...eas. Those are 1) How much money in lost earnings Plaintiff attributes to the underlying facts of this lawsuit; 2) How much money Plaintiff did not make because of the underlying facts of this lawsuit; 3) Instances of inappropriate sexual contact or conduct prior to Plaintiff dating Defendant; 4-6) If Plaintiff was inappropriately touched by a certain people; and 7-8) If Plaintiff has dated anyone since her relationship with Defendant. Further qu...
2021.06.07 Motion for Summary Adjudication 821
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.06.07
Excerpt: ...a complete defense to the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or cross-complainant 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 fo...
2021.05.24 Motion for Attorney Fees 568
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.05.24
Excerpt: ...s and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. . . . (b)(1) The court, upon notice and motion by a party, shall determine who is the party prevaili...
2021.05.24 Demurrer 077
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.05.24
Excerpt: ...the second cause of action for Breach of Contract on the bases that it fails to state facts sufficient to constitute a cause of action, is uncertain, and it cannot be ascertained from the Complaint whether the contract is written, is oral, or is implied by conduct. Civ. Proc. Code § 430.10(e)-(g). A) COA #1 – Legal Malpractice “The elements of a cause of action in tort for professional negligence are: (1) the duty of the professional to use ...
2021.04.26 Motion to Enforce IME Order 264
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.04.26
Excerpt: ...ourt order. In this case, and in response to Defendant's separate motions to compel Plaintiff to appear for an IME and for a third deposition session, the Court issued orders on 12/07/20 tentatively granting those motions, “unless and until plaintiff delivers to defendants a properly executed writing which tracks Code of Civil Procedure § 2032.320(c).” ROA # 201. At that time, Defendant had already noticed an IME for 12/15/20. Instead of exe...
2021.04.26 Motion for Trial Preference, to Compel Production of Docs 444
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.04.26
Excerpt: ...in three or five years. (See Salinas v. Atchison, Topeka & Santa Fe Ry. Co. (1992) 5 Cal.App.4th 1, 9; Howard v. Thrifty Drug & Discount Stores (1995) 10 Cal.4th 424, 440; Dick v. Superior Court (1986) 185 Cal.App.3d 1159, 1164). The present case is not in such a situation. The present matter involves a lengthy course of business relations with a great deal of disputed discovery (including the two matters set for hearing today) and the likelihood...
2021.04.26 Motion for Summary Judgment, Adjudication 961
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.04.26
Excerpt: ...t. As a preliminary matter, the Opposition requests a continuance to pursue additional discovery but fails to show that such a continuance is warranted here. The Opposition makes only a vague request for continuance at p. 21, to take the depositions “of Patty, Neil, and Oliver,” but fails to explain what such depositions would be expected to show, why they were essential to the opposition, and why they remained outstanding. And no supporting ...
2021.04.26 Demurrers 405
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.04.26
Excerpt: ...te the issue of Plaintiff having a “life estate” in the Anaheim residence. A life estate is a greater bundle of rights than the mere right of possession. (See Miller & Starr, 4 Cal. Real Est. § 12:21 (4th ed.) and RJN Exhibits 2 and 3.) Therefore, the statutory demurrer, based on the DV action, is not well taken. With regard to the family court action, while the family court may be the proper setting to address disputes between the former sp...
2021.04.26 Demurrers 046
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.04.26
Excerpt: ...o be reasonably susceptible to the meaning that Plaintiff seems to propose -- that sale of Defendant's interest in entities other than Neudesic LLC, triggers the additional payment rights to Plaintiff under the MA. This is because the additional payments rights were defined clearly to be due upon sale of the Retained Membership Interest in Neudesic LLC only, and not in other entities. (See Minute Order 10/26/20 p.2 and MA Recital ¶ 2, 6, 7, 2, 4...
2021.04.19 Demurrer 749
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.04.19
Excerpt: ...Plaintiff has correctly identified Tabletop's failure to provide the required meet and confer efforts and statement. Although typically the Court would continue the hearing, the court feels it would be more efficient to reach the merits at this time. The Court will not be as lenient with future meet and confer failures. Although Plaintiff has attached a copy of the Licensing Agreement (“Agreement”) to the FAC, the FAC remains too unclear to s...
2021.04.19 Demurrer, Motion to Strike 263
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.04.19
Excerpt: ...troming's scheduling of the demurrer hearing to be concurrently heard with another motion, rather than upon the first available hearing date (CRC Rule 3.1320(d)), is not jurisdictional, and the Court elects to exercise its discretion to reach the demurrer's merits. Defendant has presented evidence of its efforts to meet and confer, although such efforts were reportedly ineffective due to Plaintiff's counsel's new mailing and email addresses. Plai...
2021.04.19 Demurrer, Motion to Strike 673
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.04.19
Excerpt: ...al notice of a court record within this case (ROA 108). (ROA 211.) A trial court may take judicial notice of the existence of judicial opinions and court documents, along with truth of results reached in documents such as orders, statements of decision, and judgments, but cannot take judicial notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or statements of fact. (People v. Harbolt...
2021.04.12 Motion to Quash 683
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.04.12
Excerpt: ...n the forum State…” (Walden at 285.) Physical entry into the State—either by the defendant in person or through an agent, goods, mail, or some other means—is certainly a relevant contact. (Id.) But physical presence in the state is not required. “So long as a commercial actor's efforts are “purposefully directed” toward residents of another State, we have consistently rejected the notion that an absence of physical contacts can defe...
2021.04.12 Motion to Compel Further Responses 610
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.04.12
Excerpt: ... 20-22, Exs. D-M and O-Q. Han failed to properly answer each of the above FROG as completely and straightforwardly as the information reasonably permitted and/or did not state he did not have sufficient information to be able to fully respond to each of the FROG in question. Civ. Proc. Code § 2030.220. As such, this motion was proper. Civ. Proc. Code § 2030.300. Han is ordered to serve further responses to the above FROG within 40-days of recei...
2021.04.12 Motion for Summary Adjudication 874
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.04.12
Excerpt: ..., or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudi...
2021.04.12 Motion for Leave to Amend 910
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.04.12
Excerpt: ...Hirsa v. Superior Ct. (1981) 118 Cal.App.3d 486, 488–89; Kittredge Sports Co. v. Super.Ct. (1989) 213 Cal.App.3d. 1045, 1048. The Second Amended Complaint (“SAC”) is not based on the same general facts as the original complaint. Instead, it seeks to add defense counsel as a defendant and contains allegations of actions that occurred mostly during the pendency of this lawsuit, with some minor additional allegations which appear to be related...
2021.03.22 Motion to Quash Business Records 344
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.03.22
Excerpt: ...., ¶¶ 5-6, Ex. B.) The parties were unable to agree on amended request nos. 2, 3, 4, 8 and 9 (the “Requests”), which are the subject of the current Motion. (Id.) 2. Any and all DOCUMENTS including ESI which evidence, constitute, refer or RELATE TO contracts and/or agreemetns, including contract renewals and contract amendments, between YOU and the HOA RELATING TO the maintenance and repair of THE SPRINGS from January 2010 to present. 3. Any...
2021.03.22 Motion to Compel Arbitration 686
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.03.22
Excerpt: ...rrent employees, including Plaintiff, on 12/2/19. (Crawford Decl., paras. 2-7.) After directing employees to review the new Handbook, Crawford's 12/2/19 email indicated that an “Associate Acknowledgement” form would be sent separately via DocuSign for associates to provide their electronic signature. This form was then distributed on 12/3/19 to employees, including Plaintiff. (Crawford Decl., paras. 7-8.) By signing the acknowledgement, each ...
2021.03.08 Demurrer, Motion to Strike 587
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.03.08
Excerpt: ... from other matters properly subject to judicial notice. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Under Section 430.10(e) the test is whether the complaint states any valid claim entitling plaintiff to relief, even if plaintiff's cause of action is improperly titled or an improper remedy is stated. (See Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38; Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th ...
2021.03.08 Demurrer, Motion to Strike 567
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.03.08
Excerpt: ...� (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145.) Plaintiff's request for judicial notice is granted. The court will take judicial notice of the complaint's “existence and contents, though not of disputed or disputable facts stated therein.” (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1.) Plaintiff generally demurs to the Cross-Complaint's first, second and third causes of action on the ...
2021.02.22 Motion to Quash 683
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.02.22
Excerpt: ... the federal constitution. (Cal. Prac. Guide: Civ. Proc. Before Trial ¶ 3:198 (Rutter Group 2019); see, e.g., BNSF Ry. Co. v. Tyrrell (2017) 137 S.Ct. 1549, 1554, 1558.) Here, general jurisdiction is not proposed. For a court to exercise specific jurisdiction over a party, the suit must arise out of or relate to his contacts with the forum; and the defendant's suit-related conduct must create a substantial connection with the forum state. (Brist...
2021.02.22 Motion to Expunge Lis Pendens 983
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.02.22
Excerpt: ....3, 405.30, 405.31, 405.32, 405.33, 405.38.) “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. . . Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any or...
2021.02.22 Motion to Compel Deposition Answers 154
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.02.22
Excerpt: ...s supported by a separate statement (ROA 29) regarding the disputed deposition questions and responses, in which Plaintiff invoked his Fifth Amendment privilege no less than 121 times in refusing to answer questions seeking discoverable information regarding WCCT's actual or potential bases for terminating Plaintiff's employment, i.e., matters which Plaintiff himself placed at issue in this litigation in alleging wrongful termination without caus...
2021.01.11 Motion to Strike 192
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.01.11
Excerpt: ...ve judicial arbitration -- a type of arbitration distinct and different from contractual arbitration. The rules and procedures for judicial arbitration are not the governing body of law. (See the Motion to Strike, p. 1-2 and Reply p. 2; see CRC 3.810 and CCP 1141.10, .14, Cal. Prac. Guide: Alt. Dispute Res. § 5:7, Rutter Group 2020). The present case involved contractual arbitration, which is governed by the California Arbitration Act (CCP 1280 ...
2021.01.11 Demurrer 344
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.01.11
Excerpt: ...ocuments: (1) recorded property records for the relevant properties, and (2) internet photographs allegedly showing portions of the relevant property as it appeared in 2015. The court need not (and does not) reach the question of whether the court can take judicial notice of these documents because, even if the court takes judicial notice of them, the documents are completely out of the context necessary to give them meaning for purposes of this ...
2020.12.07 Motion to Compel IME 264
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.12.07
Excerpt: ...ich motions scheduled for 12/7/2020 are going forward and which motions are off calendar on or before 11/16/2020.” See 10/30/20 Minute Order. No letter was forthcoming, but there were a number of “notices” filed requesting to take certain motions off-calendar. Best this Court can tell, there are still four (4) motions on calendar. Defense Motion to Compel Psych IME of Plaintiff (ROA 106) Pursuant to CCP §2032.320(a), the moving party has t...
2020.12.07 Motion to Compel Further Responses 393
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.12.07
Excerpt: ...a protective order, except for emails. Clayton Supp. Decl., Ex. A. FCA has provided no good reason why it will produce all documents except for emails responsive to the Plaintiff's specific definition of “FUEL SYSTEM DEFECT.” FCA is ordered to provide a further response and to produce all responsive documents, including emails. As to RFP No. 19, FCA states that it will comply in full and produce all responsive documents in its possession, cus...
2020.11.23 Motion to Set Aside Default 939
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.11.23
Excerpt: ... no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Emphasis added.) As set forth in considerable detail in the Court's 10/26/2020 minute order, Diaz did not file her motion to set aside default pursuant to C.C.P. § 473(b) until 6/25/2020. Diaz's motion is therefore untimely, and Diaz's moving papers cite no legal authority to avoid or otherwise overcome the six-month time limit expressly set forth i...
2020.11.23 Motion for Summary Judgment, Adjudication 115
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.11.23
Excerpt: ...y to use due care; (b) a breach of such legal duty; (c) the breach as the proximate or legal cause of the resulting injury. (See Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) IKEA moves for summary judgment on the grounds that Plaintiff cannot establish the second element that IKEA breached its duty and the third element of proximate cause. With respect to the second element, IKEA argues that Plaintiff cannot establish that a dangerous...
2020.11.23 Motion for Diverging Sets of Discovery 579
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.11.23
Excerpt: ...ance, the Court will consider the merits. (See generally, Plumlee v. Poag (1984) 150 Cal.App.3d 541, 546.) Motions to Compel (Initial) Responses to three sets of Requests for Production of Documents, each Set Nos. Two, to Defendants Basmadjian, Jacksontuck, and Basmadjian & Jackson Investment Advisory Equitable Partnership LLC (“B&J”) These Motions to Compel are GRANTED. Each Defendant is ordered to provide verified responses, without objecti...
2020.11.23 Demurrer, Motion to Strike 347
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.11.23
Excerpt: ...a v. New Century Mortg. Corp. (2016) 62 Cal.4th 919, 924 fn.1.) However, the unrecorded trustee's deed upon sale, within the reply, Exhibit 8, is not a recorded instrument and so it is not a proper subject of judicial notice. (See Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265, approved in part, and disapproved on other grounds in part, Yvanova, 62 Cal.4th 919 fn.1, fn. 13.) The request for judicial notice of records from the ...
2020.11.23 Demurrer, Motion to Strike 258
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.11.23
Excerpt: ...ce fell below the applicable standard of care in that the margins were not smooth. She eventually had the issues resolved by other dental professionals. Plaintiff Jessica further contends that defendant has since used photos taken of her during the treatment in 2017 for advertising purposes without her consent. Demurrer to 2 nd COA for Misappropriation of Likeness: Sustained with Leave to Amend Plaintiff Jessica alleges that defendants are using ...
2020.11.23 Demurrer 613
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.11.23
Excerpt: ...f law regarding the sufficiency of the allegations set forth in the complaint. Lambert v. Carneghi (2008) 158 Cal.App.4 th 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. Since it plays such a large role here in this demurrer, it is important to appreci...
2020.11.16 Demurrer 293
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.11.16
Excerpt: ...ourt gives the pleading a reasonable construction. (CCP § 452; Miller & Lux v. San Joaquin Light & Power Corp. (1932) 120 Cal.App. 589, 602.) “[T]he determination of the sufficiency of the answer requires an examination of the complaint because its adequacy is with reference to the complaint it purports to answer.” (South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 733.) To the extent that new matter constituting an affirmative def...
2020.11.09 Motion for Summary Judgment 542
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.11.09
Excerpt: ...se and scope of his employment. The salient facts are simple. On 12/14/17, at approximately 10:15am, plaintiff was summoned to the front office at Trabuco Hills High School to answer for an alleged dress code violation. She spoke with the assistant principal, Matthew Rainwater, who instructed her to go to the ladies' room and change her pants into a “loaner” pair of pants available to students who violate dress code. Plaintiff complied (plain...

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