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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 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)...
2023.08.21 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...

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