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2023.06.07 Motion to Strike Punitive Damages
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.07
Excerpt: ... or an order of the court. Code Civ. Proc. § 436. “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not supported by the allegations of the complaint. Code Civ. Proc. § 431.10(b). A motion to strike can also strike legal conclusions. Weil & Brown, Cal. Prac. Guide, Civil Proc. before Trial, ¶ 7:179 ...
2023.06.07 Motion to Compel Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.07
Excerpt: ...sts for admission are due 30 days after service (plus appropriate time for method of service). (Code Civ. Proc. §§ 2030.260; 2031.260; 2033.250.) A motion to compel further response to discovery “shall” (1) be made within 45 days of the service of the response or on or before any specific later date to which the parties have agreed in writing, (2) demonstrate a reasonable, good faith meet and confer attempt at informal resolution of each is...
2023.06.07 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.07
Excerpt: ...aw Under the Civil Discovery Act, “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 determination of any motion made in that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any ...
2023.06.07 Motion to Set Aside Order to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.07
Excerpt: ... on January 12, 2017. They allege that Defendants failed to name a certain party as a defendant in the Brokaws' underlying suit. (ROA No. 2 [Complaint].) In October 2018, Bonnie Brokaw voluntarily dismissed her case against Defendants, leaving only Dennis as Plaintiff. Defendants filed a (renewed) motion to compel arbitration. On December 13, 2018, Judge Fell granted Defendants' motion and stayed this action pending resolution of the arbitration....
2023.05.31 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.31
Excerpt: ...ail service is used) is mandatory. (ld; see Lackner v North (2006) 135 Cal.App.4th 1188, 1207-1208.) Plaintiff filed the motion for summary judgment on April 6, 2023, with a May 31, 2023, hearing date. It was served by regular mail. Thus, the motion could not be heard any earlier than June 26, 2023, 80 days from April 6, 2023. Plaintiff did not give sufficient notice of the motion and, for that reason, it is denied. Further, Plaintiff did not mee...
2023.05.31 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.31
Excerpt: ... no duty to light its streets, and that the alleged lack of light strips for pedestrians at the intersection does not constitute proof of a dangerous condition. Defendant further contends that Plaintiff has not shown why the intersection constituted a dangerous condition such that it required light strips for pedestrian crossing. According to Defendant, the fact that Plaintiff may have relied on the light strips to function at the time he crossed...
2023.05.24 Motion to Compel Deposition
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.24
Excerpt: ...eposition On 01/12/2023, Defendant AMLNA produced witness Simon Andrew for all categories of examination. Plaintiff contends that Mr. Andrew was not sufficiently qualified to testify on category Nos. 1, 2, 5, 7, 10, 16, 17, 18, and 19. Code of Civil Procedure Section 2025.450(a) provides that if a party witness fails to appear or produce documents, without having served a valid objection, the noticing party may move for an order compelling the de...
2023.05.24 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.24
Excerpt: ...ispute." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (Code Civ. Proc., S 437c, subd. "The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitl...
2023.05.24 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.24
Excerpt: ...lied with its meet-and-confer obligation prior to filing the Motion. (Code Civ. Proc., S 439.) First of Action — Breach of contract It is well-established that "the elements of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff. [Citation.]" (Oasis West Realty, LLC v. Goldman (2011) 51 Cal...
2023.05.24 Motion for Attorney Fees
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.24
Excerpt: ...expended multiplied by the reasonable hourly rate.' [Citation.) To determine the reasonable hourly rate, the court looks to the 'hourly rate prevailing in the community for similar work.' [Citation.] Using the lodestar as the basis for the attorney fee award 'anchors the trial court's analysis to an objective determination of the value of an attorney's services, ensuring that the amount awarded is not arbitrary. [Citation.]' [Citation.]" (Bernard...
2023.05.24 Demurrer to FACC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.24
Excerpt: ... 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. (See Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court ma...
2023.05.24 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.24
Excerpt: ...ia Hearing Department Decision from In the Matter of Lenore Luann Albert, Case No. 16-0-12958-YDR (16- 0-10548); Exhibit C: The January g, 201 g, State Bar Court of California Hearing Department Decision from In the Matter of Lenore Luann Albert, Case No. 16-0-12958-YDR (16- 0-10548); Exhibit D: The July 10, 2019, Order of the California Supreme Court from In the Matter of Lenore Luann Albert on Discipline, Case No. SD254967, State Bar Court case...
2023.05.17 Demurrer, Application for Right to Attach Order
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.17
Excerpt: ...) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Ca/., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complaint, a court wil...
2023.05.17 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.17
Excerpt: ... (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency o...
2023.05.17 OSC Re Preliminary Injunction
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.17
Excerpt: ...itigation would produce great or irreparable injury to a party to the action," (3) the challenged act may violate a party's rights, (4) "pecuniary compensation would not afford adequate relief, (5) "it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief," (6) "Where the restraint is necessary to prevent a multiplicity of judicial proceedings." (Code Civ. Proc., 5 526, subd. The Court may also gr...
2023.05.17 Motion for Summary Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.17
Excerpt: ...ne or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc. ("CCP"), S 437c(p)(2).) A cause of action "cannot be established" if the undisputed facts presented by the defendant prove the contrary of the plaintiff's allegations as a matter of law. (Brantley v. Pisaro (1 gg6) 42 Cal.App.4th 1591, 1597.) Once the moving party meets that burden, the burden shifts to the...
2023.05.17 Motion to Dismiss TAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.17
Excerpt: ... Laura Estanislau ("Laura") (collectively, "Plaintiffs") commenced this action against defendants Brian Hoyt ("Brian"), Alain Hoyt ("Alain"), William Kalpakoff ("William"), and Sandra Kalpakoff ("Sandra") (collectively, "Defendants"). (ROA 2). Plaintiffs allege they own real property adjacent to an easement that included a flood control channel ("Carbon Canyon Flood Control Channel") and a gravel road ("Gravel Road"). This easement, along with a ...
2023.05.17 Motion to Enforce Settlement
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.17
Excerpt: ...nce arising from Plaintiff's use of Defendant's "Surf City Seniors on the Go!" service. (Complaint, 12 & 14). Plaintiff alleges that "Surf City Seniors on the Go!" is a "curb-to-curb transportation service" offered by the City, which she used on June 27, 2018, to travel to her physical therapy session at "Southern California Aquatic and Physical Therapy." (ld.) Plaintiff alleges she was 65 years old at the time, legally blind and physically disab...
2023.05.16 Motion to Quash Doe Amendment to FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.16
Excerpt: ...o Ouash "When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action is commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly." (Code Civ. Proc., S 474.) "Section 474 allows a plaintiff who is ignorant of a defendant's identity to comm...
2023.05.10 Motion to Quash Deposition Subpoena for Business Records
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...er meeting minutes, IRS Form 2553, and documents identifying shareholders. The Moving Party argues that the document requests are overbroad, seek irrelevant information, and seek their private/proprietary financial and corporate information. They also seek sanctions in the amount of $5,200 against Plaintiff. On April 27, 2023, Plaintiff filed an opposition to the motion. Plaintiff argues that the Moving Party is one of four restaurants that are o...
2023.05.10 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...se of the option to produce documents under California Civil Procedure Code section 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. Cal. Civ. Proc. Code, S 2030.300(a). If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the discovery. Fairmont Ins. Co. ...
2023.05.10 Motion to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...es, pursuant to the relevant agreement's choice of law provision. As such, Avis has the initial burden to show that New Jersey law materially differs from the law of California, and that New Jersey has an interest in having its law applied. (Washington Mutual Bank, FA v. Superior Court (2001) 24 Cal.4th 906, 919-920 [citing Hurtado v. Superior Court (1974) 11 Cal.3d 574, 5801.) Avis does not contend there is a material difference in the laws of b...
2023.05.10 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...ng it to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this initial burden, the plaintiff need not oppose the motion and the motion ...
2023.05.10 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...tion. (Code Civ. Proc. ("CCP"), S 437c(p)(2).) A cause of action "cannot be established" if the undisputed facts presented by the defendant prove the contrary of the plaintiff's allegations as a matter of law. (Brantley v. Pisaro (1 gg6) 42 Cal.App.4th 1591, 1597.) Once the moving party meets that burden, the burden shifts to the party opposing MS] to show, by reference to specific facts, the existence of a triable issue as to that affirmative de...
2023.05.10 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...(e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, 'uncertain' includes ambiguous and unintelligible." (Code Civ. Proc., S 430.10, subds. (e) & (f)ß]; see 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein]. ) "A person against whom a complaint or cross-complaint has been filed may, within 30 days af...

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