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

387 Results

Clear Search Parameters x
Location: Orange County x
Judge: Strickroth, Michael J x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 732)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 300,100
Array
(
)
2022.08.08 Motion to Amend Judgment to Add Additional Judgment Debtor 590
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.08
Excerpt: ... WCP IIA, WCP IIB, collectively, “WCP Entities”) for an Award of Attorneys' Fees in the amount of $4,430,905.50 and Non-statutory Costs in the amount of $32,518.47, for a total of $4,463,423.97, against plaintiff Stars and Bars, LLC (“S&B”) is CONTINUED to November 7, 2022, at 1:45 PM in C15.. Entitlement to attorneys' fees and non-statutory costs: Code of Civil Procedure section 1033.5, subdivision (a)(10) authorizes the recovery of atto...
2022.08.08 Motion for Summary Adjudication, to Continue Trial 856
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.08
Excerpt: ...: “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 SUSTAINS Defendants' Objections Nos. 5, 27, and 28. The Court OVERRULES Defendants' Objection No. 4. The Court ...
2022.08.08 Demurrer, Motion to Strike 090
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.08
Excerpt: ...4th/15th, and 17th-20th causes of action. Therefore, the Court will do the same. Third and Fourth COAs – Quantum Meruit “A quantum meruit or quasi-contractual recovery rests upon the equitable theory that a contract to pay for services rendered is implied by law for reasons of justice.” Hedging Concepts, Inc. v. First Alliance Mortgage Co. (1996) 41 Cal.App.4th 1410, 1419 “The requisite elements of quantum meruit are (1) the plaintiff act...
2022.08.08 Motion for Summary Judgment, Adjudication 101
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.08
Excerpt: ...0, which included the following affirmative defenses: Failure to State a Cause of Action (First Affirmative Defense); Non-Existent or Limited Contractual Obligations (Seventh Affirmative Defense); and No Duty Owed (Fifteenth Affirmative Defense). The Court grants Wave's request for judicial notice. The existence and legal significance of these documents are proper matters for judicial notice. Evidence Code § 452, subd. (d), (h). Compliance with ...
2022.08.01 Demurrer to Complaint 826
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...ode 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 conclusions of fact or law. . . .” Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525. “In the construction of a pleading, for the p...
2022.08.01 Demurrer to Amended Complaint 073
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...ynch, 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 Transportation Transit District (2012) 209 Cal.App.4th 1228, 1238, provides, “This rule of liberal construction means that the r...
2022.08.01 Demurrer to Amended Complaint 089
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...acts 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...
2022.08.01 Motion for Attorney Fees 390
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...ncement and prosecution of such action.” Civil Code, § 1794, subd. (d). “A trial court assessing attorney fees begins with a touchstone or lodestar figure, based on the ‘careful compilation of the time spent and reasonable hourly compensation of each attorney ... involved in the presentation of the case.” Christian Research Inst. v. Alnor (2008) 165 Cal.App.4th 1315, 1321. The Court “need not simply award the sum requested. To the cont...
2022.08.01 Motion for Attorney Fees 570
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...and how to allocate attorney fees. [Citation.] They may agree the prevailing party will be awarded all the attorney fees incurred in any litigation between them, limit the recovery of fees only to claims arising from certain transactions or events, or award them only on certain types of claims… [¶] To ensure mutuality of remedy, however, section 1717 makes an attorney fee provision reciprocal even if it would otherwise be unilateral either by ...
2022.08.01 Motion to Strike Complaint 373
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ... court has discretion to refuse to consider late-filed papers without a showing of good cause. Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 623, disapproved on other grounds in Colmenares v. Braemar Country Club, Inc. (2003) 29 Cal. 4th 1019, 1031; see also Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 765 [“A trial court has broad discretion under rule 3.1300(d) of the California Rules of Court to refuse to consider papers served ...
2022.08.01 Motions to Compel Deposition 326
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...nically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall...
2022.08.01 OSC Re Preliminary Injunction 035
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...ing waste to the real property assets purchased with Georgia's money (the “Properties”); and from taking, spending, using, converting, or committing waste to any rents or revenue derived from the Properties is GRANTED. Code of Civil Procedure section 527, subdivision (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 affida...
2022.07.25 Motion for Preliminary Injunction 228
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.25
Excerpt: ...out notice to the opposing party.” Code of Civil Procedure section 526(a) provides, “(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits ...
2022.07.25 Motion for Appointment of Receiver, for Preliminary Injunction 083
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.25
Excerpt: ...e not material to the disposition of the Motion. APPOINTMENT OF A RECEIVER: Vivera moves for appointment of a receiver pursuant to Code of Civil Procedure sections 564(b)(1) and 564(b)(9). Code of Civil Procedure section 564, subdivision (b) states in pertinent part: “A receiver may be appointed by the court in which an action or proceeding is pending, or by a judge of that court, in the following cases: [¶] (1) In an action by a vendor to vac...
2022.07.25 Demurrer 251
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.25
Excerpt: ...an equitable action by means of which a plaintiff may recover money or property obtained from the plaintiff or persons represented by the plaintiff through unfair or unlawful business practices. It is not an all-purpose substitute for a tort or contract action.” Cortez v. Purolator Air Filtration Products Co. (2000) 23 Cal.4th 163, 173; see also Nationwide Biweekly Administration, Inc. v. Superior Court (2020) 9 Cal.5th 279, 301-305 [UCL is an ...
2022.07.18 Motion for Summary Judgment, Adjudication 997
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.18
Excerpt: ...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 cause of action cannot be established or that there is a complete defense to that cause of action. [Citation.] If the defendant does so, the burden shifts back to the plaintiff to show that a triable issue of fact exists as to that cause of action or defense… A triable issue of material fac...
2022.07.18 Motion for Summary Judgment, Adjudication 326
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.18
Excerpt: ...e No. 2: Defendants and The Lunada Bay Corporation (“LBC” or the “Company”) did not owe Plaintiff a duty to retire shares. Section 437c, subdivision (f)(1) provides as follows: “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that ther...
2022.07.18 Demurrer 429
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.18
Excerpt: ...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 Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, ...
2022.07.18 Motion to Compel Arbitration, Further Responses 739
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.18
Excerpt: ...nied. The Court can review applicable legal precedent without taking judicial notice thereof. Wagner Construction Co. v. Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 25–26, holds, “Sections 1281 and 1281.2, which govern petitions to compel arbitration, reflect a ‘strong public policy in favor of arbitration as a speedy and relatively inexpensive means of dispute resolution.' [Citations] When the parties to an arbitrable controversy have a...
2022.07.18 Motion to Dismiss 528
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.18
Excerpt: ...us, the Court should treat this motion as a general demurrer. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer....
2022.07.18 Motion to Strike 587
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.18
Excerpt: ... out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc. § 436.) An “irrelevant matter,” or “immaterial allegation,” means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither...
2022.07.18 Motion to Decide Ultimate Issue 408
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.18
Excerpt: ...ding in essence that decedent simply liked him better. Before the Court this day is a defense motion for what appears to be an actual substantive ruling on the ultimate question in this case, to wit: decedent's mental competency on 11/01/21 when he executed estate documents. Although defendant suggests that the statutory predicate for this motion is Evidence Code §403(b), it appears from the myriad of miscellaneous code sections cited throughout...
2022.07.11 Motion to Strike Complaint 373
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.11
Excerpt: ... person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an ...
2022.07.11 Motion to Compel Production of Docs 931
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.11
Excerpt: ...ected waives any objection to the demand, 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 following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280...
2022.07.11 Motion for Continuance of Trial 740
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.11
Excerpt: ...et for trial as certain. (b) Motion or application A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continu...
2022.07.11 Demurrer to Amended Complaint 153
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.11
Excerpt: ...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. 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 Transportation Transit ...
2022.07.11 Demurrer 196
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.11
Excerpt: ...oes not contain any specific factual allegations, directed against this entity. At most, a review of the Complaint reveals conclusory allegations directed towards the Doe Defendants, in whole. (See ¶39, ¶41, ¶47, ¶48 and ¶56 of Complaint). While Plaintiff asserts Defendant Realty One Group, Inc. is liable for the conduct of Defendant Chacon (Opposition: 6:17-7:12), there are no allegations in the Complaint that Defendant Chacon was an agent ...
2022.06.20 Motion for Summary Judgment, Adjudication 813
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.06.20
Excerpt: ...” (Id.) "Under the primary assumption of risk doctrine, a person does not owe a duty to protect others from risks inherent in certain recreational activities.” Id., citing Knight v. Jewett (1992) 3 Cal.4 th 296, 315-317. “Where the doctrine applies to a recreational activity, operators, instructors and participants in the activity owe other participants only the duty not to act so as to increase the risk of injury over that inherent in the ...
2022.06.20 Motion for Summary Judgment, Adjudication 165
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.06.20
Excerpt: ...nts out Defendants' documents in opposition were filed one day late. However, the Court will exercise its discretion to consider the opposition documents. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of per...
2022.06.20 Demurrer 207
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.06.20
Excerpt: ...enged and the grounds, therefore. (California Rules of Court, Rule 3.1320 (a), (c) and Code Civ. Proc. § 430.60.) Here, the demurrer is defective because no separate Demurrer was filed. However, since Plaintiff did not object on this ground, the Court will rule on the merits. Fourth cause of action for fraud and fifth cause of action for Negligent Misrepresentation: The elements of fraud that give rise to a tort action for deceit are: (a) misrep...
2022.06.13 Demurrer 549
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.06.13
Excerpt: ...cts sufficient to prove the defense with the same level of detail 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, § 1082, p. 515. Although the demurrer was filed one day late, the Court will exercise its discretion to address the merits of the motion. See Jackson v. Doe (2011) 192 Cal.App.4th ...
2022.06.13 Motions to Appoint Discovery Referee, to Compel Production of Docs 175
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.06.13
Excerpt: ... with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any controversy arising therefrom shall be heard by a referee if the court finds a reference agreement exists between the parties: (a) To hear and determine any or all of the issues in an action or proceeding, whether of fact or of law, and to report a statement of decision. (b) To ascertain a fact necessary to ena...
2022.06.13 Demurrer 634
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.06.13
Excerpt: ...ts the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual 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...
2022.06.13 Motion to Compel Mental Exam 040
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.06.13
Excerpt: ...Roberts v. Sup.Ct. (Weist) (1973) 9 Cal.3d 330, 337. However, a mental or physical exam cannot be compelled where no continuing injury is claimed; e.g., where plaintiff alleges only physical injury or emotional distress in the past. Doyle v. Sup.Ct. (Caldwell) (1996) 50 Ca.App.4th 1878, 1886-1887; The Rutter Group, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 8I-3 at 8:1553. In addition, the motion to compel a mental examination shall be granted o...
2022.05.23 Motion to Strike 590
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.23
Excerpt: ... DENIED. On January 3, 2022, the Court entered “Judgment in Favor of All Defendants” (“Judgment”). On January 5, 2021, Defendants served Plaintiff with a Notice of Entry of Judgment. (Orland Decl., ¶ 3, Ex. A.) In this motion, Plaintiff asks the Court to either strike Section 3 in its entirety from the Judgment, or in the alternative, strike the last sentence which states: “Crown Valley Holdings, LLC, Westport Capital Partners, LLC, WC...
2022.05.23 Demurrer, Motion to Strike 591
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.23
Excerpt: ...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. 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. Go...
2022.05.23 Demurrer 283
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.23
Excerpt: ... on “information and belief” are improper, where a Complaint fails to allege “such information that lead[s] [the plaintiff] to believe that the allegations are true.” Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 551, fn. 5; See also Pridonoff v. Balokovich (1951) 36 Cal.2d 788, 792. To meet the above standard, the Amended Cross-Complaint adds the allegations, “individual GUTCHEON was the sole person to perform work for KOASTAL on D...
2022.05.23 Demurrer 153
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.23
Excerpt: ... v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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 Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provides, “This rule of liberal construction m...
2022.05.09 Motion to Compel Further Responses 202
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.09
Excerpt: ...the party's option to produce writings. ¶ (3) An objection to the particular interrogatory.” If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the interrogatories. (Coy v. Sup.Ct. (1962) 58 Cal.2d 210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (2000) 22 Cal.4th 245, 255.) “Unless otherwise limited by order of the court … any party may obtain discovery regardin...
2022.05.09 Motion for Summary Judgment, Adjudication 744
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.09
Excerpt: ...of action has not 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 adjudication shall be granted only if it completely disposes of a cause of ...
2022.05.09 Demurrer 673
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.09
Excerpt: ...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 “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 I...
2022.05.02 Demurrer 519
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.02
Excerpt: ...forming those duties and earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.” Exempt executive employees' duties involve “the management of the enterprise in which he/she is employed or of a customarily recognized department or subdivision.” (Cal. Code Regs., tit. 8, § 11070, subd. 1(A)(1)(a).) Exempt administrative employees' duties involve “non-manual work directly related to man...
2022.05.02 Motion for Judgment on the Pleadings 957
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.02
Excerpt: ...quired to be licensed. Thus, Cross-Defendant contends Cross- Complainant's action is barred by Bus. & Prof. Code, § 7031(a). Code Civ. Proc. § 438 (c)(1)(B) states: “If the moving party is a defendant, that either of the following conditions exist: ¶ (i) The court has no jurisdiction of the subject of the cause of action alleged in the complaint. ¶(ii) The complaint does not state facts sufficient to constitute a cause of action against tha...
2022.05.02 Motion for Leave to File 264
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.02
Excerpt: ...ar, Chad Raymond and Kaila Raymond (collectively, “Plaintiffs” or “Cross-Defendants”), filed this action against Defendant Dawna Ludwig (“Defendant” or “Cross-Complainant”) asserting claims for financial elder abuse/constructive fraud, fraudulent and sham marriage, conversion/constructive trust and declaratory relief. On May 4, 2018, Defendant filed an unverified cross-complaint against Plaintiffs alleging claims of financial elde...
2022.05.02 Motion to Consolidate 481
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.02
Excerpt: ...c Performance; (4) Conversion; (5) Permanent Injunction; (6) Fraud; (7) Negligent Misrepresentation; (8) Breach of Covenant of Quiet Enjoyment of the Premises; (9) Elder Abuse; (10) Intentional Infliction of Emotional Distress; and (11) Negligent Infliction of Emotional Distress. The Complaint alleges Plaintiffs and Defendants entered into a written lease agreement concerning a property owned by Defendants, which was amended with a lease option a...
2022.05.02 Motion to Contest Good Faith Settlement 592
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.02
Excerpt: ...iability for the plaintiff's injuries.” (Tech-Bilt, Inc. v. Woodward-Clyde & Assocs. (1984) 38 Cal.3d 488, 499.) In making such a determination, the court considers the following factors: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs; (4) the recognition that a settlor should pay less in settlement t...
2022.04.25 Motion to Set Aside or Vacate Default, Judgment 652
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.25
Excerpt: ... struck the Answer on 3-22- 21 and set a Default Prove-up Hearing. Then Plaintiff requested Entry of Default on 6-18-21. Defendants technically are not requesting to vacate the correct “events” and the court generally cannot grant relief different than what is requested in the notice of motion. (People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 427-428; Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1124.) Defendants have not submit...
2022.04.25 Motion to Compel Production of Docs 326
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.25
Excerpt: ...gaps raised by the opposition or goes to the admissibility of evidence submitted in opposition to the motion, however, the evidence may be properly considered. (Jay v. Mahaffey (2013) 218 Cal. App. 4th 1522, 1538 [“[t]o the extent defendants argue they had the right to file any reply declarations at all, they are not wrong. Such declarations, however, should not have addressed the substantive issues in the first instance, but only filled gaps i...
2022.04.25 Motion for Summary Judgment, Adjudication 523
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.25
Excerpt: ...thin an action, one or more affirmative defenses, one or more claims for damages, 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 . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or ...
2022.04.25 Demurrer 878
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.25
Excerpt: ...tatute, a cause of action for or against a person is not lost by reason of the person's death, but survives subject to the applicable limitations period. [¶] (b) This section applies even though a loss or damage occurs simultaneously with or after the death of a person who would have been liable if the person's death had not preceded or occurred simultaneously with the loss or damage.” “Unlike a cause of action for wrongful death, a survivor...
2022.04.18 Motion to Quash Discovery Subpoena 975
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.18
Excerpt: ...er is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” The California Constitution recognizes an individual's right to privacy in their medical and mental health records. Cal. Constitution Article 1, Section 1. “'“A person's medical profile is an area of privacy infinitely more intimate, more personal in quality and nature than many areas already judicially recognized and prote...
2022.04.18 Motion for Discovery Protective Orders 810
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.18
Excerpt: ...court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the deposition not be taken at all. . . .” Defendant National Life Insurance Company has noticed the deposition...
2022.04.18 Motion for Change of Venue 668
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.18
Excerpt: ...nd county, or city, or a corporation doing business in the latter, shall be, on motion of either party, transferred for trial to a county, or city and county . . . other than that in which the plaintiff is situated, if the plaintiff is a city ... and other than that in which the defendant resides, or is doing business, or is situated.” [emphasis added] This venue transfer statute applies to cross-complaints. (Metro. Transit Sys. v. Superior Ct....
2022.04.18 Demurrer 231
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.18
Excerpt: ...f Action; Newfront as to the Third, Fourth, Fifth, Ninth and Tenth Causes of Action; and, M. Tsai as to the First, Second, Sixth, Seventh, Eighth, Ninth and Tenth Causes of Action. “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual 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 inf...
2022.04.11 Motion for Leave to File Amended Complaint 065
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.11
Excerpt: ...of notice of this ruling. As a side matter, the Court notes the Opposition by Thomas Marks and Deborah Marks was untimely filed after Plaintiffs had filed their reply brief and after the deadline for opposing this Motion. (CCP § 1005(b); oppositions are due nine court days before the hearing for a motion.) However, even consideration of the Marks' opposition would not change the outcome of this ruling. STANDARD OF LAW “A party may amend its pl...
2022.04.11 Motion for Summary Judgment, Adjudication 643
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.11
Excerpt: ...avor bears the burden of persuasion thereon. (See Evid.Code, § 500.) 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 motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment must “show” that either one or more...
2022.04.11 Motion to Compel Further Responses 344
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.11
Excerpt: ...dure § 2031.310(b)(2).) Code of Civil Procedure § 2016.040 provides that “[a] meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” “The Discovery Act requires that, prior to the initiation of a motion to compel, the moving party declare that he or she has made a reasonable and good faith attempt to obtain an inform...
2022.04.11 Motion to Compel Further Responses 922
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.11
Excerpt: ...– set one, and requests for admissions – set one. After several extensions, Defendant served responses on 4/9/21. While the parties made some attempts to meet and confer, it appears to the Court that most of the disputes raised in motions 1-4 could have been resolved if counsel for the parties engaged in a thorough, good faith meet and confer process. The Court encourages counsel for both parties to engage in further meet and confer, includin...
2022.04.11 Motion to Set Aside or Vacate Default, for Attorney Fees 694
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.04.11
Excerpt: ...d Complaint within fourteen (14) days of notice of this ruling. IT IS FURTHER ORDERED THAT attorney's fees in the amount of $9,875.00 for preparing and filing for default are awarded to Plaintiffs and payable by HOA Defendants within thirty (30) days of notice of this ruling. STANDARD OF LAW “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding ta...
2022.03.28 Motion to Compel Further Responses 202
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.28
Excerpt: ...9. Defendant is ordered to provide the responses as agreed no later than 4-4-22. Should Defendant provide responses, Plaintiff is to withdraw the motion by 5-2-22. Plaintiff to give notice. Motion to Compel Further Responses to Special Interrogatories Plaintiff Gail Parish's Motion to Compel Further Responses to Special Interrogatories against Defendant Sun Mar Management is CONTINUED to 5-9-22 at 1:45 p.m. in Dept. C15. Plaintiff Gail Parish fil...
2022.03.28 Motion to Compel Arbitration 343
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.28
Excerpt: ...at Defendant opposed the motion, the Court decides to hear the motion on the merits. A party may waive defective service or insufficient notice by appearing at the hearing and arguing the merits of the motion. Thus, if a party believes a motion is improperly served or presents procedural defects, that party should either file an opposition stating any such objections, or appear at the hearing, object to the hearing, and request a continuance. (Ca...
2022.03.28 Demurrers 103
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.28
Excerpt: ... 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 “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....
2022.03.28 Demurrer 681
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.28
Excerpt: ...ction…”(Demurrer: 3:6-8). However, as the First through Fourth Causes of Action are asserted against all Defendants, a challenge directed to the Complaint in whole, required analysis of these claims. (Warren v. Atchison, T. & S.F. Ry. Co. (1971) 19 Cal.App.3d 24, 36). As Defendants offer no analysis of the Second, Third or Fourth Causes of Action, the Demurrer to the First Amended Complaint in whole, fails: “Every brief should contain a leg...
2022.03.21 Motion to Compel Deposition 202
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.21
Excerpt: ...0, 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, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tang...
2022.03.21 Demurrer, Motion to Strike 124
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.21
Excerpt: ...dants' demurrer as to the Fourth Cause of Action for fraud, deceit and misrepresentation for failure to satisfy the particularity requirements for pleading the claim. On January 3, 2022, Plaintiff filed a Second Amended Complaint setting forth the same causes of action, but with amended allegations. Plaintiff alleges she was given personal checks from Defendant Chau for some of her wages, and ordered by him to cash the checks and give portions of...
2022.03.21 Demurrer, Motion to Strike 623
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.21
Excerpt: ...rn Cal. Rapid Trans. Dist. (1985) 40 Cal.3d 780, 795, 221 Cal.Rptr. 840, 710 P.2d 907), a rule plaintiffs' fourth amended complaint satisfies, we cannot conclude, as we concluded in Central Pathology when considering section 425.13's application to common law intentional torts, that the Legislature intended the statute to apply in an action under the Elder Abuse Act.” Neglect is defined in Wel. & Inst. Code §15610.57(a) states: ““Neglect�...
2022.03.21 Motion to Quash Subpoena 181
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.21
Excerpt: ...ing attorney. (Code Civ. Proc. § 473(b).) The Court has permitted Plaintiff to file replies to the untimely oppositions to prevent undue prejudice to Plaintiff. Code of Civil Procedure section 2017.010 states in part, “Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the d...
2022.03.21 Motion to Compel Production 207
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.21
Excerpt: ... with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following: [¶] (1) the motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. [¶] (2) The motion shall be accompanied by a meet and confer...
2022.03.21 Motion to Vacate 513
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.21
Excerpt: ...lity Control Board (“Regional Board”), challenging the Regional Board's issuance of a corrected investigative order on November 2, 2020 requiring subsurface investigation and remediation at a property in Garden Grove, California (“subject property”). Petitioners contend the Regional Board exceeded its authority and abused its discretion in naming Petitioners as dischargers and refusing to release Petitioners from liability or stay the ord...
2022.03.21 Motions to Compel Production 326
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.21
Excerpt: ...eposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. [¶] (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040.” Timeliness: A motion to compel a deponent to produce documents pursuant to a deposition subpoena must be made wit...
2022.03.07 Motion to Quash Service of Summons 090
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.07
Excerpt: .... STANDARD OF LAW “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (CCP § 418.10(a)(1).) “On a motion to quash service of summons, the plaintiff bears the burden of proving by a preponderance of the evidence that ...
2022.03.07 Motion to Compel Further Responses 202
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.07
Excerpt: ...the information sought to be discovered. ¶ (2) An exercise of the party's option to produce writings. ¶ (3) An objection to the particular interrogatory.” If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the interrogatories. (Coy v. Sup.Ct. (1962) 58 Cal.2d 210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (2000) 22 Cal.4th 245, 255.) “Unless otherwise limited by...
2022.03.07 Motion for Summary Judgment, Adjudication 224
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.07
Excerpt: .../or defective construction he fell and injured himself. Plaintiff alleges Defendants failed to warn regarding the dangerous condition. Plaintiff was then employed by Air Control Systems, Inc. (ACSI), and was in the course and scope of his employment when the incident occurred. Defendants hired ACSI to service HVAC equipment, access to which was through a crawlspace. As Plaintiff went through the crawlspace area he stepped onto a hatch (which prov...
2022.03.07 Demurrer, Motion to Strike 735
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.07
Excerpt: ...th Cause of Action for Injunctive Relief alleged in the Fourth Amended Complaint (“4AC”) filed by Plaintiffs Gregg and Melanie Linn are OVERRULED, in part, and SUSTAINED, in part, with 20-days leave to amend. Defendant Starkey's request for judicial notice of Exhibit 1 through 4 is GRANTED. Starkey demurs to the 4AC on the grounds the second, third, fourth, fifth, eighth, ninth, and eleventh causes of action are uncertain and fail to state fa...
2022.03.07 Application for Right to Attach Order 790
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.03.07
Excerpt: ...iling of a complaint or anytime thereafter, a plaintiff may apply for a right to attach order and writ of attachment. (Code Civ. Proc. § 484.010.) Following a hearing on the application, the court shall issue a right to attach order if it finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued; (2) The plaintiff has established the probable validity of the claim upon which the at...
2022.02.28 Demurrer 089
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.02.28
Excerpt: ...ach fails to state a cause of action and are uncertain. Cross-Defendants contend concurrent co-counsel cannot recover on a theory of equitable indemnity against one another based on public policy considerations. There are two policy considerations that have led California courts to prohibit indemnification claims brought by a predecessor attorney against a successor attorney: (1) conflict of interest; and (2) confidentiality. (Musser v. Provenche...
2022.02.28 Motion for Attorney Fees, to Tax Costs 454
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.02.28
Excerpt: ...ng his cross-complaint in the 2018 case, Plaintiff filed a voluntary dismissal of this action on 9/14/21. Defendants timely filed a memorandum of costs on 9/21/21 seeking the following costs:  $2,670 in filing and motion fees  $18,750 in attorney fees  $45 in electronic filing/service fees  $100 under “other” Defendants are the prevailing party entitled to recover costs under Code of Civil Procedure section 1032(a)(4): “(4) “P...
2022.02.28 Motion for Sanctions 464
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.02.28
Excerpt: ...ttorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” Under subdivision (b)(1), such actions may include the filing and service of a complaint. Subdivision (b)(2) defines “frivolous” as “totally and completely without merit or for the sole purpose of harassing an opposing...
2022.02.28 Motion for Security Undertaking 117
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.02.28
Excerpt: ...ng to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney's fees” means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract. (b) The motion shall be made on the grounds that the plaintiff resides out of the state or is a foreign corporation and that there is a reasonable possibility tha...
2022.02.28 Motion to Stay Proceedings 992
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.02.28
Excerpt: ...and that the nonmoving party will not be irreparably injured by its issuance. If the stay is denied by the trial court, the defendant may forthwith file a petition for an extraordinary writ with the appropriate appeals court. If the trial or appellate court stays enforcement of the judgment, the court may condition the stay on whatever conditions the court deems just, but in any case it shall order the payment of the reasonable monthly rental val...
2022.02.07 Motion to Strike 587
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.02.07
Excerpt: ...rants Plaintiffs leave to amend the complaint. IT IS ORDERED THAT Plaintiffs shall file and serve an amended complaint within fourteen (14) days of notice of this ruling. STANDARD OF LAW “The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not draw...
2022.01.31 Motion to Disqualify Attorney 866
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.01.31
Excerpt: ...an, dated 10/11/2021, the Court OVERRULES Defendants' Objections Nos. 1, 4 and 8. The Court SUSTAINS Defendants' Objections Nos. 2, 3, 5, 6 and 7. The court has inherent power “to control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disquali...
2022.01.31 Motion to Contest Good Faith Settlement 592
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.01.31
Excerpt: ...1/2021. When determining whether a settlement is made in good faith, the court must determine whether “the amount of the settlement is within the reasonable range of the settling tortfeasor's proportional share of comparative liability for the plaintiff's injuries.” (Tech-Bilt, Inc. v. Woodward-Clyde & Assocs. (1984) 38 Cal.3d 488, 499.) In making such a determination, the court considers the following factors: (1) a rough approximation of pl...
2022.01.31 Motion to Compel Physical Exam 180
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.01.31
Excerpt: ...xamination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, 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 an...
2022.01.31 Motion to Compel Answers 942
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.01.31
Excerpt: ...e Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of-- ¶ (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case u...
2022.01.31 Demurrer to Amended Petition for Writ of Mandate 655
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.01.31
Excerpt: ... 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 § 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 Transportation Transit District (2012) 209 Cal.Ap...
2022.01.31 Demurrer 272
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.01.31
Excerpt: ...“The tort of intentional interference with expected inheritance was first recognized in California in 2012. (Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1050-1056, 141 Cal.Rptr.3d 142.) To establish a defendant committed the tort, a plaintiff must prove six elements. 'First, the plaintiff must p[rove] he [or she] had an expectancy of an inheritance. It is not necessary to [prove] that ‘one is in fact named as a beneficiary in the will or th...

387 Results

Per page

Pages