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2023.11.13 OSC Re Preliminary Injunction 560
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.13
Excerpt: ...ate Farm Mutual Automobile Company (2012) 211 Cal. App. 4th 1, 8—9. The Court GRANTS Plaintiffs' Request for Judicial Notice. The Court denies the request for oral testimony. California Rules of Court, rule 3.1306(b). Code of Civil Procedure secton 526, subdivision (a)(2), states, "(a) An injunction may be granted in the followng cases: "(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief,...
2023.11.13 Motion to Stay Proceedings 653
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.13
Excerpt: ...Network, LLC and Platinum Properties Investor Network, Inc. (Platinum) moves for an order staying prosecution of Crosscomplainants ROI Property Group Management, LLC and ROI Property Group 2, LLC (ROI)'s First Amended Cross-complaint. Platinum first argues prosecution of ROI's FACC should be stayed until the Court issues an interlocutory order determining Plaintiff American First Credit Union has the right to interplead funds. On 10-20-2023, the ...
2023.11.13 Demurrer 713
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.13
Excerpt: ...p.4th 1, 5-6. General averments the defendants violated the contract are insuffcient and the complaint must allege facts demonstrating breach. ld. Here, the allegations in the first cause of action arise out of the alleged breach of a Digital Services Agreement. (Exhibit A to FACC) Cross-Defendants allege the demurrer should be sustained because the FACC does not allege what specific provisions of the Agreement were breached. For example, the FAC...
2023.11.06 Motion to Compel Arbitration 643
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.06
Excerpt: ... process by which the parties agree to submit their dispute to binding resolution by one or more impartial third persons. Herman Feil, Inc. v. Design Center of Los Angeles (1988) 204 cal.App.3d 1405, 1414; Air Line Pilots Association v. Miller (1988) 523 U.S. 866, 876. Both state and federal law provide for enforcement of arbitration agreements. Code of 19 Civil Prc„cedure SS 1280 et seq.; 9 U.S.C. SS 1 et seq. While there is a policy in favor ...
2023.11.06 Motion for Terminating Sanctions 534
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.06
Excerpt: ...when the trial court concludes that lesser sanctions would not bring about the compliance of 22 the offending party." R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 496. "The discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination. 'Discovery sanctions "should be appropriate to the dereliction, and should not exceed tha...
2023.11.06 Motion for Summary Judgment, Adjudication 539
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.06
Excerpt: ...on or proceeding. Code of Civil Procedure S 437c(a)(1). For purposes of summary judgment, a defendant has met fts burden of showing that a cause of action has no merit if the party has shown that one 35 or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Code Civ. Proc. S 437c(p)(2). Once the defendant has met that burden, the burden shifts to ...
2023.11.06 Motion for Summary Judgment, Adjudication 537
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.06
Excerpt: ... no triable issue of material fact and that he is entitled to judgment as a matter of law.... There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the moton in accordance with the applicable standard of prtnf.... Thus, a plaintiff [moving for summary judgment] bears the burden of persuasion that "each element of" the "cause of acti...
2023.11.06 Demurrer, Motion to Strike 601
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.06
Excerpt: ...hout costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issues of law thereon..." Additionally, the failure to oppose the Demurrer may be construed as having abandoned the claims. Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 ["Plaintiffs did not oppose the County's demurrer to this portion of their seventh cause of achon and have submitted no argument on the issue in their briefs ...
2023.11.06 Demurrer, Motion to Strike 540
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.06
Excerpt: ...t but for Defendants' misconduct, Plaintiff would have obtained a more favorable result. "To prevail in a legal malpractice action, "[s]imply showing the attorney erred is not enough." [citationl The plaintiff must also establish that but for the alleged malpractice, settlement of the underlying lawsuit would have resulted in a better outcome." Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 156. Here, the Complaint alleges Defendants engaged in...
2023.10.23 Demurrer 540
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.23
Excerpt: ...t but for Defendants' 5 misconduct, Plaintiff would have obtained a more favorable result. "To prevail in a legal malpractice action, "[s]imply showing the attorney erred is not enough." [citationl The plaintiff must also establish that but for the alleged malpractice, settlement of the underlying lawsuit would have resulted in a better outcome." Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 156. Here, the Complaint alleges Defendants engaged ...
2023.10.23 Motion for Attorney Fees 087
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.23
Excerpt: ...te Finnegan is the prevailing party and entitled to attorney fees. Plaintiff only disputes the amount of attorneys' fees requested. When authorized by contract, statute or law reasonable attorney fees are "allowable costs." Code of Civil Procedure S 1033.5(a)(10)(A), (8) & (C); Santisas v. Goodin (1998) 17 cal.4th 599, 606; Pacific custom Pools, Inc. v. Turner const. co. (20C0) 79 cal.App.4th 1254, 1268; Harris v. Wachovia Mortgage, FSB (2010) 18...
2023.10.23 Motion for Discovery Sanctions 280
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.23
Excerpt: ...ion. INC'S Evidentiary Objections are OVERRRULED as to Objection Nos. 1-6. On February 3, 2022, the Court granted ROI's Motion to Compel Responses to Post-Judgment Requests for Production of Documents, Set One, and ordered INC to documents and provide responses without objections by February 14, 2022. (ROA 615.) INC served its responses to the request on February 28, 2022, and supplemental responses on March 21, 2022. ROI brought a second motion ...
2023.10.23 Motion for Limited Relief from Discovery Stay 111
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.23
Excerpt: ...stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for cause shown, may order that specified discovery be conducted notwithstanding this subdivision." "If the plaintiff makes a timely and proper show-ng in response to the motion to strike, that a defendant or witness possesses evidence needed by plaintiff to establish a prima facie case, the plaintiff must be given th...
2023.10.23 Motion for Summary Judgment, Adjudication 044
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.23
Excerpt: ...tract in the First Amended Cross-complaint (FACC) and granted as to the second cause of action for bad faith in the FACC. Plaintiff's request for judicial notice of documents filed in the County Recorder's Office and this Court is granted. The request for judicial notice of such documents by Defendants/crosscomplainants Asset Development, LLC (AD) and Lunar Maria Operations, Inc. (LM) (collectively "Defendants") is also granted. 25 Defendants' ob...
2023.10.23 Motion for Summary Judgment, Adjudication 231
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.23
Excerpt: ...es of action: (1) Intentional Interference with Prospective Economic Relations (By All Cross-complainants Against Cross-Defendants Debra Scalice, David Tsai, Michael Tsai, David Jeranko); (2) Negligent Interference with Prospective Economic Relations (By All Cross-complainants Against CrossDefendants Debra Scalice, David Tsai, Michael Tsai, David Jeranko); (3) Interference with Contractual Relations (By All Cross-complainants Against Cross-Defend...
2023.10.16 Motion to Compel Responses, to Deem RFAs Admitted 868
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.16
Excerpt: ...ponse, the following rules apply: (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the follo...
2023.10.16 Motion to Compel Responses 701
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.16
Excerpt: ...hom the interrogatories are directed waives any right to exercise the option to writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege 29 or on the protection for work product under Chapter 4 (commencing with Secton (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories. [q] (c) The court shall impose a monetary sanction under Chapt...
2023.10.16 Demurrer to Complaint 789
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.16
Excerpt: ...l issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.)" City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegat...
2023.10.16 Demurrer 601
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.16
Excerpt: ...stile Work Environment This cause of action has been dismissed. (ROA 17.) The demurrer is MOOT. Fifth Cause of Acton - Intentional Infliction of Emotional Distress To state a cause of action for Intentional Infliction of Emotional Distress ("IIED"), the plaintiff must 5 allege: (1) outrageous conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff...
2023.10.09 Motion to Compel Responses 810
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.09
Excerpt: ...xtension to April 6, 2023. (96 of Moniz Declaration and Exhibit 5 thereto.) Likewise, the motion is adequately supported by efforts to meet and confer, as required by Code of Civil Procedure secton subdivision (b)(l). (96-97 of Moniz Declaration and Exhibits 5 and 6 thereto.) On the merits, the separate statement sought further responses as to Form Interrogatories Nos. 2.6, 2.7, 2.8, 4.1, 8.2, 8.4, 8.5, 17.1 and 50.1. (See ROA No. 21.) Per the De...
2023.10.09 Motion for Contempt of Court 168
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.09
Excerpt: ... Contempt against Monarch Law Group APC; (4) to report the finding of contempt against Monarch Law Group APC to the State Bar; (5) for an order to pay any and all unpaid sanctions owed to MVP Trial Lawyers; (5) for reasonable attorney's fees, expenses and costs of preparation of this motion; and (6) for punitive and other damages the Court deems suitable. On 5/8/23, the Court issued an order granting Plaintiff Bahadini sanctions in the amount of ...
2023.10.09 Motion for Attorney Fees 344
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.09
Excerpt: ...acts/issues which Defendant denied. Plaintiffs contend Defendant unreasonably denied the following requests : Request No. 10: Admit that the elevated planter you constructed, or had constructed, was done without obta-ning permits. Request No. 12: Admit that the elevated planter you constructed, or had constructed, was done without obtaining the approval of the Trinidad Island Homeowner's Associaton. Request No. 15: Admit that you negligently cons...
2023.10.02 Demurrer 066
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.02
Excerpt: ...ions; and (2) fails to state fact suffcient to allege a cause of action. "A fraud cause of action, whether based on intentional misrepresentation or concealment, is governed by the three -year limitations period set forth in Code of Civil Procedure section 338, subdivision (d)." Ivanoffv. Bank of America, NIA. (2017) 9 Cal.App.5th 719, 734. The FAC alleges Plaintiffs purchased the Subject Vehicle on March 21, 2019. (FAC, '14.) The lawsuit was fil...
2023.10.02 Demurrer 268
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.02
Excerpt: ...child abuse" (Amended Complaint, pp. 1-2), such causes of achon are insufficiently pled because the Amended Complaint does not plead the elements of defamation and "child abuse" is not a cause of action. Pursuant to Code of Civil Procedure secton 430.10(f), a party against whom a Complaint has been filed may object by demurrer when the pleading is uncertain. "Uncertain" includes ambiguous or unintelligible. (ld.) Additionally, pursuant to Code of...
2023.10.02 Demurrer 884
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.02
Excerpt: ...rsuant to Evidence Code section 452, subdivision (d), Defendants have not identified or provided the specific court records for which judicial notice is being sought. Evid. Code 5453, subd. (b) and California Rules of Court, rule 3.1305(c). Additionally, the request is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal.App.4th 1466, 1474, fn. 5. The criminal case referenced by Defendants is against an unidentified non-party and no relevance ...
2023.10.02 Demurrer, Motion to Strike 827
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.02
Excerpt: ...As such, the only issue involved in a demurrer hearing is whether the complaint, unconnected with extraneous matters, states a cause of action. McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77. If the complaint fails to state a cause of action, the court must grant the plaintiff leave to amend there is a reasonable possibility the defect can be cured by amendment. Blank, supra, at 318. On the other hand, "a trial court does no...
2023.10.02 Motion to Vacate Default, Judgment 791
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.02
Excerpt: ...erve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. 'l (b) A notice of moton to set a...
2023.10.02 Motion for Attorney Fees 301
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.02
Excerpt: ...e with Prospective Advantage; and 4. Intentional Misrepresentation This action arose from a commercial lease of property located at 13692 Harbor Blvd. #C in 15 Garden Grove, California. (91, 94 and 97 of Complaint.) Specifically, the action references a Lease Agreement executed on or around April 1, 2020. (97 of Complaint.) The relevant agreement is attached as Exhibit 1 to the Declaration of Defendant Vinh Nguyen. (91 -92 of Nguyen Declaration a...
2023.09.25 Special Motion to Strike 438
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.25
Excerpt: ...n their entirety. Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: "[W]e may summarize a court's task in ruling on an anti-SLAPP motion to strike as follows. Section 425.16, subdivision (b)(l) requires the courtto engage in a two-step process. First, the court decides whether the defendant has made a threshold showng that the challenged cause of achon is one arising from protected activity. The moving defendant's burde...
2023.09.25 Motion to Strike Complaint 681
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.25
Excerpt: ...Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2023) '1 9:82.5; see also Code Civ. Proc., S 1014 ["After appearance, a defendant or the defendant's attorney is entitled to notice of all subsequent proceedings of which notice is required to be given"]. ) Here, the proof of service for the Moton to Strike only establishes Defendant Cheryl Walsh served Plaintiff and Defendant Nadia K. Starner (pro per). Walsh failed to serve the Motion on Su...
2023.09.25 Motion to Compel Satisfaction of Judgment 280
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.25
Excerpt: ...0, 11 and 12. 18 Platinum failed to comply with California Rules of Court, Rule 3.1110(f)(4), which provides: "Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit." The Court expects...
2023.09.25 Motion to Abate Action or Dismiss Action 389
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.25
Excerpt: ...ss, knowing he was deceased. Accordingly, Defendants were ordered to re-serve 7 the motion at Plaintiff's law firm address and his last known home address by certified mail. Defendant's counsel Steven Wysocky submitted his declaration regarding attempts to locate the successor in interest to Plaintiff Hugh Greg. (ROA 115). Those attempts included phone calls to numbers listed for Mr. Gregg, as well as property record searches, emails, and regular...
2023.09.25 Demurrer, Motion to Strike 116
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.25
Excerpt: ...only to the first cause of action for violation of the California Self-Service Storage Act (Act) and second cause of acton for violation of the Unfair Competition Law (Demurrer, 1:26-2:11), while the memorandum of points and authorities argues all four causes of achon are insufficiently pled. The notice of motion must state in the first paragraph exactly what relief is sought and the grounds on which the relief is sought. Code of Civil Procedure ...
2023.09.18 Motion to Compel Arbitration 398
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.18
Excerpt: ...e limited exceptions applies. Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the possibility of conflicting rulings on common factual or legal issues." Code of Civil Procedure S 1281.2; Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 967. Similarly, public policy under federa...
2023.09.18 Demurrer 549
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.18
Excerpt: ...ty of Fresno (1987) 192 Cal.App.3d 1436, 1442 [failure to plead equitable defenses waived those defenses]. A defendant raising such new matters must allege ultimate facts sufficient to prove the defense with the same level of detail that a plaintiff is required to allege ultimate facts to support a cause of action in a complaint. FPI Development, Inc. v. Nakashima (1991) 231 cal.App.3d 367, 384; 5 Witkin, cal. Proc. 5th (2008) Pleading, S 1082, p...
2023.09.18 Motion to Compel Answers, for Monetary Sanctions 299
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.18
Excerpt: ...he tme for response, or unless on moton of the responding party the court has extended the time for response." Code of Civil Procedure S 2030.250. "If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: ['ll (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Secton 2030.230, as well as any objection to the interrogatories, i...
2023.09.18 Motion to Compel Arbitration 738
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.18
Excerpt: ...ed on theories of equitable estoppel and third-party beneficiary. Defendant, a non-party to the Retail Installment Sale Contract (RISC) containing the arbitration clause, relies on the Court of Appeal's decision in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (Felisilda). Plaintiff opposes the motion based on the more recent appellate decision in Ochoa v. Ford Motor Company (2023) 89 Cal.App.5th 1324 (Ochoa). In Ochoa, the Court of Appeal re...
2023.09.18 Motion to Compel Production of Docs 044
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.18
Excerpt: ...he party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Secton 2031.030 and any related activities. (2)...
2023.09.18 Motion to Strike Answer, for Summary Adjudication 238
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.18
Excerpt: ...t of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." "As a general rule, it is well established in California that a corporation cannot represent itself in a court of record either in propria persona or through an officer or agent who is not an attorney." Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals ad. (2002) 99 cal.App.4th 1094, 1101; CLD const., Inc. v. City of ...
2023.09.11 Motion to Enforce Forum Selection Clause 767
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.11
Excerpt: ...h this Guaranty and the other Loan Documents shall be tried and litigated only in the state courts located in the county in which notice shall be sent to Lender pursuant to this Guaranty, or the applicable federal district court that covers said County." (FAC, Exhibit 2, '1 26.) Paragraph 1 of the Guaranty provides in part that Plaintiff Pramukh Financial Services' address for purposes of the Guaranty is in Union City, California, in the County o...
2023.09.11 Demurrer, Motion to Strike 829
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.11
Excerpt: ...) the fourth cause of action is time-barred, (2) the fourth cause of action fails to plead with the required specificity, (3) the fourth cause of action fails to plead facts giving rise to a duty to disclose. 171. Statute of Limitatons Defendant contends the Complaint should have been filed by no later than July 2022 because it alleges Plaintiffs purchased the Vehicle on 7-27 - 19. (Demurrer, 7:7-20.) Further, the delayed discovery rule does not ...
2023.09.11 Demurrer 385
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.09.11
Excerpt: ...ts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]" City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Transpo...
2023.08.28 Motion to Strike 683
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.28
Excerpt: ...on, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading.” “Irrelevant matter” includes allegations not essential to the claim. Code of Civil Procedure §431.10(b).) A motion to strike can also strike legal conclusions. (Weil & Brown, Cal. Prac. Guide, Civil Proc. before Trial, ¶ 7:179 (2010).) Conclusory allegations are permitted, however, if they are supported by other factual ...
2023.08.28 Motion to Strike 653
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.28
Excerpt: ...n, filed under ROA No. 744. Objections 6 and 9-11 are SUSTAINED. The Court declines to rule on ROI's Objections to Evidence in Support of Reply filed under ROA 756 as such objections are not dispositive to the Court's ruling on this motion. ROI's Request for Judicial Notice in Support Opposition, filed under ROA No. 752, is GRANTED pursuant to Evidence Code section 452, subdivisions (d) and (h). INC moves for an order striking ROI's Cross-Complai...
2023.08.28 Motion to Compel Arbitration 070
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.28
Excerpt: ..., LLC v. Jaman Properties 8 LLC (2020) 46 Cal.App.5th 337, the parties to an agreement may incorporate the FAA into its terms. Id. at 346-348. Moreover, the undisputed Declaration of Tabraz Rashid establishes 24 Hour Fitness is headquartered in Carlsbad, California and is a leading fitness industry pioneer with nearly four million members that span in 11 states. 24 Hour Fitness owns and operates approximately 300 clubs throughout 11 states.” (R...
2023.08.28 Motion for Summary Judgment, Adjudication 662
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.28
Excerpt: ...n of Matthew Pardo, filed 3-1-23 under ROA No. 240 are OVERRULED. A motion for summary judgment shall be granted where there is no triable issue of any material fact and the moving party is entitled to judgment as a matter of law. Code of Civil Procedure § 437c, subd. (c).) “A defendant moving for summary judgment meets his burden of showing that there is no merit to a cause of action if that party has shown that one or more elements of the ca...
2023.08.28 Motion for Anti-SLAPP 995
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.28
Excerpt: ... to Defendant's improper evidence. Given that Plaintiffs have had an opportunity to respond, the Court considers the Declaration on Reply and Plaintiffs' Sur-Reply. A. Legal Authority Code of Civil Procedure § 425.16 provides for a “special motion to strike” when a plaintiff asserts claims 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 Constituti...
2023.08.28 Demurrer, Motion to Strike 701
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.28
Excerpt: ...discloses a complete defense.” Id. The Court assumes “the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken.” Id. “A demurrer must dispose of an entire cause of action to be sustained.” Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 119. Defendant demurs to the Complaint's second cause of a...
2023.08.21 Demurrer 248
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.21
Excerpt: ...the fifth cause of action for inducing breach of contract and the sixth cause of action for intentional interference with contractual relationship. First, Defendants contend that as officers/directors of Defendant Festival of Arts of Laguna Beach (Festival), they cannot be held liable for interference with a contract to which Festival was a party. Second, Defendants contend the FAC fails to allege facts supporting elements of the fifth and sixth ...
2023.08.21 Demurrer 601
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.21
Excerpt: ... granted. The Complaint alleges Plaintiff is a T-Mobile dealer which operated on premises owned by Defendant. (¶¶ 6-7.) Plaintiff and Defendant executed a License Agreement allowing Plaintiff to operate on the premises between 2/1/22 and 4/30/22. (Complaint, Ex. A.) Plaintiff discovered that in November 2021, Defendant entered into a lease agreement with non- party Pokeworks. (¶ 8.) Plaintiff reached an agreement with Pokeworks wherein Pokewor...
2023.08.21 Motion for Summary Judgment 539
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.21
Excerpt: ...iff entered into on 05-12-2020 (the “Lease”). The Lease contained an indemnification clause which required OCCA to indemnify Ostraka from any losses, claims or damages caused by the misuse of the Property. Ostraka hired a general contractor Service First to renovate the Property. Service First was required to obtain approval from Plaintiff for the specific work. After the Lease was entered into, OCCA instructed Service First to perform other ...
2023.08.21 Motion for Attorney Fees, to Strike or Tax Costs 280
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.21
Excerpt: ...ch 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. . . Reasonable attorney's fees shall be fixed by the court, and shall be an element of the costs of suit.” Further...
2023.08.21 Motion to Compel Mental Exam 813
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.21
Excerpt: ...amination, the party shall obtain leave of court. (b) A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” “The court shall grant a motion for a physical or men...
2023.08.21 Motion to Set Aside or Vacate Default, Judgment 463
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.21
Excerpt: ...otice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii)...
2023.08.14 Motion to Compel Arbitration 290
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.14
Excerpt: ..., the court “shall” grant the motion if it determines that a written agreement to arbitrate exists. Plaintiff makes two arguments attacking the showing of the existence of the Agreement. The first is the document has not been properly authenticated. The second is there was no mutual asset because the document presented to Lopez Cruz was in English, and Plaintiff does not read or understand English. Spanish is his native language. With respect...
2023.08.14 Motion to Compel Answers, to Deem RFAs Admitted 773
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.14
Excerpt: ...ng party may move for an order compelling responses and for a monetary sanction. Code Civ. Proc § 2030.290(b). With regard to sanctions, the court “shall” impose a monetary sanction against the losing party on a motion to compel unless it finds that party acted “with substantial justification” or other circumstances render the sanction “unjust.” Code Civ. Proc. § 2030.290. No meet and confer is necessary when a party has failed to r...
2023.08.14 Motion to Compel Answers to Post Judgment Interrogatories 580
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.14
Excerpt: ...es and request for documents. According to the Proof of Service, on 12-19- 2022 at 7:30 AM Defendant was served with the post judgment written interrogatories as follows: “Substitute served documents to "John Doe", front desk / security (description: Asian, male, 55 yrs., 5'9”, black hair, 190 lbs.). He told me that they would let me up at 9:00 AM, but not before. I told them that I had made previous attempts at other times and that I wanted ...
2023.08.14 Motion for Summary Judgment 086
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.14
Excerpt: ... met that burden, the burden 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 cross- defendant 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 c...
2023.08.14 Motion for Attorney Fees, to Vacate Dismissal and Enter Judgment 433
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.14
Excerpt: ...1018, 1027. Civil Code § 1717 provides as follows: “(a) In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded ... to the prevailing party, then the party who is determined to be the party prevailing on the contract ... shall be entitled to reasonable attorney's fees in addition to other costs ... Reasonable attorneys' fees shall be fix...
2023.08.14 Demurrer, Motion to Strike 603
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.14
Excerpt: ...mplication, but not conclusions of fact or law, are deemed admitted by the demurring party. The complaint must be construed liberally by drawing reasonable inferences from the facts pleaded. [¶] In addition to the facts actually pleaded, the court considers facts of which it may or must take judicial notice. Moreover, a party may not avoid demurrer by omitting facts pleaded in the original complaint or by suppressing facts which prove the pleade...
2023.08.14 Demurrer 188
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.14
Excerpt: ...ueras v. BAC Home Loan Servicing, LP (2013) 221 Cal.App.4th 49, 62. “‘Duty is not universal; not every defendant owes every plaintiff a duty of care. A duty exists only if “ ‘the plaintiff's interests are entitled to legal protection against the defendant's conduct.' ” [Citation.] Whether a duty exists is a question of law to be resolved by the court.' [Citation.] ‘A duty of care may arise through statute' or by operation of the commo...
2023.08.07 Motion for Leave to File Amended Complaint 587
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.07
Excerpt: ..., or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.” Additionally, any judge, at any time before or after commencement of trial...
2023.08.07 Motion for Preference 305
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.07
Excerpt: ...ty's interest in the litigation.” Plaintiff's complaint was filed on 6/22/22, alleging causes of action against Defendant for (1) domestic violence, (2) intentional infliction of emotional distress, (3) false imprisonment, and (4) negligent infliction of emotional distress. In support of the motion, Plaintiff declares the following: “3. I was born January 12, 1947, making me 76 years old. 4. I have multiple health issues, which are as follows...
2023.08.07 Motion for Preliminary Injunction 807
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.07
Excerpt: ...spondents' evidentiary objections to the Serrano Declaration. The Court sustains Respondents' evidentiary objections 1 through 21 to the late-filed Mendez Declaration. Code of Civil Procedure, § 527 (a) provides: “A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist the...
2023.08.07 Motion to Appoint Appraiser and Stay Actions 326
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.07
Excerpt: ...itted with Reply: “The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.” Jay v. Mahaffey (2013) 218 Cal. App. 4th 1522, 1537. However, where the evidence is to fill in gaps raised by the opposition or goes to the admissibility of evidence submitted in opposition to the motion, the evidence may be properly considered. (Id. at 1538 [“[t]o the extent defendants argue they had the rig...
2023.08.07 Motion to Compel Arbitration 070
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.08.07
Excerpt: ... Victrola 89, LLC v. Jaman Properties 8 LLC (2020) 46 Cal.App.5th 337, the parties to an agreement may incorporate the FAA into its terms. Id. at 346-348. Moreover, the undisputed Declaration of Tabraz Rashid establishes 24 Hour Fitness is headquartered in Carlsbad, California and is a leading fitness industry pioneer with nearly four million members that span in 11 states. 24 Hour Fitness owns and operates approximately 300 clubs throughout 11 s...
2023.07.31 Motion to Disqualify Attorney of Record 168
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.31
Excerpt: ...7 provides: “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: [¶] (1) the lawyer's testimony relates to an uncontested issue or matter; [¶] (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or [¶] (3) the lawyer has obtained informed written consent from the client. If the lawyer represents the People or a governmental entity, the conse...
2023.07.31 Motion for Summary Judgment, Adjudication 791
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.31
Excerpt: ...s 2, 5-8 and 10 are sustained. Objections 1 and 9 are sustained in part as follows:  Objection 1: sustained in part as to first sentence of paragraph 10 and Figure 1. Lacks personal knowledge as to figure 1, lacks authentication.  Objection 9 sustained in part as to “It is well known that large trees near sidewalks cause damage resulting in uplifts that pose a danger to pedestrians. The City knew or should have known about the change in e...
2023.07.31 Motion for Summary Judgment, Adjudication 358
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.31
Excerpt: ...tions of the HOA, Appendix D; 3. The entirety of Plaintiff's Second Cause of Action for Breach of CC&Rs; and 4. 19 affirmative defenses asserted in the HOA's answer. The HOA's Objections to Evidence do not comply with California Rules of Court, Rule 3.1354(b)(3) because they do not quote or set forth the objectionable statement or material as to each objection. The Court declines to rule on Defendant's objections as immaterial to the Court's deci...
2023.07.31 Motion for Summary Judgment, Adjudication 226
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.31
Excerpt: ...ntiff or cross- complainant has met that burden, the burden 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 cross-defendant 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 ma...
2023.07.24 Motion to Quash Summons and Complaint 653
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.24
Excerpt: ...declines to rule on ROI's Objections to the Declaration of James C. Diefenbach as they are immaterial to the Court's ruling. Cross-Complainants ROI Property Group Management, LLC and ROI Property Group 2, LLC (ROI)'s Request for Judicial Notice in Support of Opposition is GRANTED as to Exhibits 1-8 pursuant to Evidence Code sections 452 (d) and (h). The Court otherwise declines to take judicial notice as the remaining documents are immaterial to ...
2023.07.24 Motion to Compel Neuropsychological Exam 116
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.24
Excerpt: ...ny regarding mental and emotional distress. (Opposition, 5:20-24.) Plaintiff also contends she has already undergone a defense neurological examination. Plaintiff testified at her deposition she has experienced memory loss, irritability, slurring speech, tremors in her arm, problems sleeping, irritability, and headaches as a result of the slip and fall incident. (Motion, Ex. A at p. 137.) Therefore, Defendant is entitled to conduct a neuropsychol...
2023.07.24 Motion to Compel Arbitration 166
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.24
Excerpt: ...ompelled. 9 U.S.C. §2. “[I]t is a cardinal principle that arbitration under the FAA ‘is a matter of consent, not coercion.'” Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4 th 223, 236. “Thus, ‘a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.'” Ibid. “If a party to a civil action asks the court to compel arbitration of the pending claim, the c...
2023.07.24 Demurrer 960
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.24
Excerpt: ...4th 1079, 1090[“Courts can take judicial notice of the existence, content and authenticity of public records and other specified documents, but do not take judicial notice of the truth of the factual matters asserted in those documents.”] A demurrer is an objection to a pleading, the grounds for which are apparent from either the face of the complaint or a matter of which the court may take judicial notice. Code of Civil Procedure § 430.30, ...
2023.07.24 Demurrer 385
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.24
Excerpt: ...t under the Song-Beverly Act are not viable because moving Defendant did not issue a warranty for the subject vehicle, which was used at the time of purchase. Plaintiff only opposes the demurrer as to the fourth and fifth causes of action. (See Opposition, pp. 2:13-15, 3:14-15, 4:12-13.) Plaintiff does not argue the first, second, or third causes of action are viable. Therefore, the demurrer is sustained without leave to amend as to the first, se...
2023.07.17 Demurrer 588
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.17
Excerpt: ...deceased husband's estate. 3) Plaintiff has failed to name a necessary and indispensable party – the Estate of Antonio A. Hernandez. “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996. The Court must determine “whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense.” (Id.) The Court assumes �...
2023.07.10 Motion for Reconsideration 326
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.10
Excerpt: ...that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” Code Civ. Proc. § 1008(c). Code of Civil Procedure section 1008, subdivision (c), provides: “If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” If the court wishes to, it has the power to ...
2023.07.10 Demurrer 903
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.10
Excerpt: ... of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459. Unruh-Haxton v. Regents of University of California (2008) 162 Cal. App. 4th 343, 364– 365 provides that “[o]n a demurrer a court's function is limited to testing the legal sufficiency of the complai...
2023.07.10 Motion for Anti-SLAPP 500
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.07.10
Excerpt: ...tice (“RJN”) of Exhibits A and B is GRANTED. Code of Civil Procedure section 425.16, subdivision (b), states, “(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 plainti...
2023.06.26 Motion to Compel Depositions 927
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.06.26
Excerpt: ...or the same. Code Civ. Proc. § 2025.410(b)(1). Defendant's Request for Judicial Notice is GRANTED. Pursuant to Code of Civil Procedure § 2025.450(a): “[i]f, after service of a deposition notice, a party to the action…without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document…the party giving the notice may move for an order compelling th...
2023.06.26 Motion to Compel Answers 280
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.06.26
Excerpt: ...ED. New evidence submitted with Reply: “The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.” Jay v. Mahaffey (2013) 218 Cal. App. 4th 1522, 1537. However, where the evidence is to fill in gaps raised by the opposition or goes to the admissibility of evidence submitted in opposition to the motion, the evidence may be properly considered. Id. at 1538 [“[t]o the extent defendants ar...
2023.06.26 Motion for Summary Judgment, Adjudication 583
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.06.26
Excerpt: ...ver occurs first. Code of Civil Procedure § 340.5. The term “injury” means both a person's physical condition and its negligent cause. Gutierrez v. Mofid (1985) 39 Cal.3d 892, 896. “[T]he plaintiff discovers the cause of action when he at least suspects a factual basis, as opposed to a legal theory, for its elements, even if he lacks knowledge thereof – when, simply put, he at least ‘suspects…that someone has done something wrong' to...
2023.06.26 Motion for Reconsideration, for Attorney Fees, to Set Aside or Vacate Default 373
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.06.26
Excerpt: ..., or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” A party seeking reconsideration also must satisfactorily explain the f...
2023.06.26 Motion for Continuance of Trial 992
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.06.26
Excerpt: ...“trial dates are firm” and “[a]ll parties and their counsel must regard the date set for trial as certain.” Cal. Rules of Court, rule 3.1332(a). “The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” (Id., rule 3.1332(c).) Listed ground for a continuance include: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances;...
2023.06.26 Motion for Attorney Fees 703
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.06.26
Excerpt: ... Pools, Inc. v. Turner Const. Co. (2000) 79 Cal.App.4th 1254, 1268; Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1027. Here, Plaintiffs accepted a statutory 998 offer that states: “Defendants agree to pay Plaintiffs' attorneys' fees and costs, as awarded by the Court following a motion for attorneys' fees and costs, pursuant to statute and other applicable law.” Moreover, Plaintiffs are entitled to fees under Labor Code § 21...
2023.06.26 Demurrer, Motion to Strike 701
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.06.26
Excerpt: ...); Blank v. Kirwan (1985) 39 Cal.3d 311, 318. Additionally, a defendant may demur on the grounds the pleading is uncertain. Code Civ. Proc., § 430.30, subd. (f). The purpose of a demurrer is to challenge the sufficiency of a pleading “by raising questions of law.” Postley v. Harvey (1984) 153 Cal.App.3d 280, 286. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusion...
2023.06.26 Demurrer, Motion to Strike 456
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.06.26
Excerpt: ...eit based on a concealment are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5...
2023.06.26 Demurrer 767
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.06.26
Excerpt: ... under an agreement with non-party Flip Funding. (¶ 19.) White's appraisal allegedly contained Fannie Mae Certification #23, which states: “The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage insurers, government sponsored enterprises, and other secondary market participants may rely on this appraisal report as part of any mortgage finance transaction that involves any one or more ...
2023.06.12 Demurrer 153
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.06.12
Excerpt: ...on, and damage resulting from that justifiable reliance.” Stansfield v. Starkey (1990) 220 Cal. App. 3d 59, 72–73. “Every element of the cause of action for fraud must be alleged in the proper manner and the facts constituting the fraud must be alleged with sufficient specificity to allow defendant to understand fully the nature of the charge made.” (Id. at 73.) This “strict requirement” of pleading “necessitates pleading facts whic...
2023.06.12 Motion to Consolidate Actions 326
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.06.12
Excerpt: ...s elected to the Board by Soura and who has been in a romantic relationship with Soura for several years.” “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Code of Ci...
2023.06.12 Demurrer 653
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.06.12
Excerpt: ...d. (a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318. Additionally, a defendant may demur on the grounds the pleading is uncertain. Code Civ. Proc., § 430.30, subd. (f). The purpose of a demurrer is to challenge the sufficiency of a pleading “by raising questions of law.” Postley v. Harvey (1984) 153 Cal.App.3d 280, 286. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or concl...
2023.05.22 Special Motion to Strike Complaint 601
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.05.22
Excerpt: ...ED. Code of Civil Procedure section 425.16, subdivision (b), states, "(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 plaintiff has established that there is a probability ...
2023.05.22 Motion for Summary Judgment, Adjudication 810
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.05.22
Excerpt: ...s follows: No. 1 is SUSTAINED--lack of foundation; Nos. 2, 3, 4, and 5 are SUSTAINED-- hearsay; Nos. 6 and 7 are OVERRULED. The Courts OVERRULES all objections to the Declaration of Defendant Christina Erickson-Taube. The Court rules on Defendant's evidentiary objections to the Declaration of Plaintiff Rajesh Punjabi as follows: No 1 is SUSTAINED--lack of foundation/speculation; No. 2 is SUSTAINED--lack of authentication; Nos. 3, 4, 5, 6, 7, g, 1...
2023.05.22 Motion for Summary Judgment, Adjudication 650
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.05.22
Excerpt: ...reenergy Company). Movants' objections are overruled as immaterial to the Court's ruling on the motion. Movants request summary adjudication of (1) all causes of action in Plaintiff Solar Tec Systems, Inc.'s (Solar Tec) First Amended Complaint (FAC), (2) of Plaintiff's claim for punitive damages; and (c) of the First and Second Causes of Action in the Cross-complaint, in favor of SP NA and against Plaintiff/Cross-Defendant Solar Tec. Because the ...
2023.05.22 Motion for Attorney Fees 441
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.05.22
Excerpt: ... S 1021. Civil Code, section 1717, subdivision (a) provides in relevant part: In any action on a contract, where the contract specifically provides that attorney's fees 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 ...
2023.05.15 Motion to Strike 338
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.05.15
Excerpt: ...s incident and shocks the conscience of any decent person. Trudeau must have known that her conduct would cause severe physical pain and emotional distress given the speed and force of impact. Trudeau's actions were patently done with malice aforethought and oppression and/or with total disregard for the health and safety of Buie. Buie did not consent to this act and a reasonable person in Buie's situation would have been offended and astonished ...
2023.05.15 Motion to Compel Further Responses 202
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.05.15
Excerpt: ...s evasive or incomplete. Code of Civil Procedure, S 2030.300, subd. (a)(1)-(3). The moving party must also include reasons why further answers should be ordered: legal or factual arguments why the answers given were incomplete or nonresponsive, or the objections invalid. California Rules of Court, rule 3.1345(c).) The responding party has the burden to justify objections in response to a motion filed to compel further responses. Fairmont Ins. Co....
2023.05.15 Motion for Summary Judgment, Adjudication 614
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.05.15
Excerpt: ...hearsay. Defendant's Objections to Plaintiff's Deposition are OVERRULED. Code of Civil Procedure section 437c, subdivision provides, "A defendant . . . has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . has met that b...
2023.05.15 Demurrer, Motion to Strike 319
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.05.15
Excerpt: ...facts properly pleaded, but not contentions, deductions, or conclusions of fact or law." Rakestraw v. California Physicians' Service (2000) 81 cal.App.4th 39, 42-43. Plaintiff's complaint alleges she went to an appointment with Defendant, her gynecologist, on 7/9/21. Plaintiff allegedly consented to a visual examination but without warning or permission, Defendant inserted an eight-inch device with a swab into her vagina. (Complaint, Tl 4.) Defen...
2023.05.15 Demurrer 645
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.05.15
Excerpt: ...l act or disposition of property rights; and (3) damages...." Lee v. Hanley (2015) 61 Cal.4th 1225, 1240, (quotations and citation omitted). The Cross-complaint alleges Cross-complainant and William Patrick Lally ("Patrick") opened a joint bank account which required two signatures to withdraw funds. (Cross-complaint, 26.) Cross-complainant and Patrick deposited $290,000 into their joint bank account which included approximately $100,000 in proce...

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