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2024.05.22 Motions to Compel Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ...in 30 days of service of the notice of ruling. Statement of Law A party has 30 days from the date of service to respond to written discovery, plus an additional five days if the discovery requests were served by mail. (Code Civ. Proc., §§ 2016.050, 2030.260, subd. (a), 2031.260, subd. (a).) If a party fails to serve timely responses to interrogatories or requests for production of documents, the propounding party may move for an order compelli...
2024.05.22 Motion to Quash Subpoena
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ... billi ng address) for the cell phone number, all “call originations, call terminations, call attempts, voice and text message transactions, data communications, SMS and MMS communications, voice communications, LTE and/or IP sessions and destinations with cell s ite information,” all stored SMS and MMS content and browser cache, and multiple other categories of documents from AT&T. Because the subpoena seeks the private cell phone records of...
2024.05.22 Motion for Terminating Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ..., is d isobeying a court order to provide discovery. (Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) Once a party is ordered by the court to provide responses to discovery, continued failure to respond may result in the imposition of more severe sanctions. (See Code ...
2024.05.22 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ...ication is GRANTED as to the second cause of action only. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) The parties must set forth admiss...
2024.05.22 Motion for Attorney Fees (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ...warded reasonable attorney's fees and costs” in an action to enforce the CC&Rs. Although the Davis -Stirling Common Interest Development Act does not define “prevailing party,” it “is well established that ‘[t]he analysis of who is a prevailing party under the fee -shifting provisions of the Act focuses on who prevailed ‘on a practical level' by achieving its main litigation objectives.'” (Champir, LLC v. Fairbanks Ranch Assn. (202...
2024.05.22 Motion for Attorney Fees
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ...� in an action to e nforce the CC&Rs. Although the Davis -Stirling Common Interest Development Act does not define “prevailing party,” it “is well established that ‘[t]he analysis of who is a prevailing party under the fee -shifting provisions of the Act focuses on who prevail ed ‘on a practical level' by achieving its main litigation objectives.'” (Champir, LLC v. Fairbanks Ranch Assn. (2021) 66 Cal.App.5th 583, 590; see also Villa ...
2024.05.22 Demurrer to FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ...d plead ing, 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 of the complaint, a court will not consider facts that have not been alleged in the complain...
2024.05.22 Motion to Set Aside Default
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ...the adjudication of legal controversies upon their merits.” (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 255 [citation omitted].) “Thus, the provisions of section 473 of the Code of Civil Procedure are to be liberally construed and sound policy fa vors the determination of actions on their merits.” (Id. [citation and internal quotation marks omitted].) Code of Civil Procedure Section 473(b) (“Section 473(b)”) permi...
2024.05.15 Motion to Lift Anti-SLAPP Discovery Stay
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.15
Excerpt: ... the trial court may “for good cause shown, ... order that specified discovery be conducted.” (Ibid.; Balla v. Hall (2021) 59 Cal.App.5th 652, 692.) In the anti- SLAPP context, “good cause” requires “a showing that the specified discovery is necessary for the plaintiff to oppose the [anti -SLAPP] motion and is tailored to that end.” (Britts v. Superior Court (2006) 145 Cal.App.4th 1112, 1125.) “If the plaintiff makes a timely and ...
2024.05.15 Motion to Compel Further Responses, for Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.15
Excerpt: ...1: Sex Dis crimination (FEHA) • C/A 2: Harassment on the Basis of Sex (FEHA) • C/A 3: FEHA Retaliation Plaintiff alleges that while she was an employee for the LLC Defendants, Antonio Perez and other kitchen staff were sexually harassing her. Plaintiff alleges tha t Perez had previously worked for the LLC Defendants and had been fired for sexual harassment, but was rehired. Plaintiff alleges that because she refused Perez's advancements, Per...
2024.05.15 Motion for Protective Order
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.15
Excerpt: ...nted ann oyance, embarrassment, or oppression, or undue burden and expense.” Specifically, the court may refuse to compel the deposition of a corporate officer at the apex of the corporate hierarchy, absent a reasonable indication of the officer's personal knowledg e of the case and exhaustion of less intrusive discovery methods, given that such “high level” depositions raise a tremendous potential for discovery abuse and harassment. (Libe...
2024.05.15 Motion for Change in Venue
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.15
Excerpt: ...gence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.” (Code Civ. Proc. , § 395, subd. (a); see Williams v. Superior Court for County of Contra Costa (2021) 71 Cal.App.5th 101, 109 [for personal injury claims, venue is proper where the injury occurred, o...
2024.05.08 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.08
Excerpt: ...on, and application of the economic loss rule to the fourth, fifth, and sixth causes of action. The Court finds Defendants complied with their meet and confer obligations prior to filing the Demurrer. Statement of the Law “The party against whom a complaint or cros s-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does...
2024.05.08 Motion to Seal Certain Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.08
Excerpt: ...elez [RO A # 1104], are sealed. Statement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2...
2024.05.08 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.08
Excerpt: ... of two terms: (1) six months after the person's death, or (2) the limitation period that would have been applicable had the person not died.” Parsons v. Tickner (1995) 31 Cal. App. 4th 1513, 1525; Code Civ. Proc., § 377.30. The two -year statute of limitations, CCP § 335.1, applies to statutory elder abuse and negligence claims. Defendant argues the statute of limitations has run, even with the application of Emergency Rule 9(a), which s...
2024.05.01 Motion to Quash Deposition Subpoena for Production of Medical Records
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.01
Excerpt: ... to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum.” (Code Civ. Proc., § 1985.3, subd. (g).) “Personal records” include “any copy of books, documents, other writings, or electronically stored information pertaining to a consumer and which are maintained by any ‘witness' which is a physician, …, hospita...
2024.05.01 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.01
Excerpt: ...gations, trial is in fact necessary to resolve their dispute.” (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 d efense to the action or proceeding.” (Code Civ. Proc., § 437c, subd. (a)(1).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no...
2024.05.01 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.01
Excerpt: ...ntic Richfield Co. (2001) 25 Cal.4th 826, 850; Code Civ. Proc. § 437c, subd. (p)(1).) “Once the plaintiff ... has met that burden, the burden shifts to the defendant ... to show that a triable issue of one or more material facts exists as to that cause of action or a defen se thereto. The defendant ... may not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall se...
2024.05.01 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.01
Excerpt: ...without le ave to amend. Analysis A. Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.  When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720 -21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or v ia ...
2024.05.01 Application for Right to Attach Order, Writ of Attachment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.01
Excerpt: ...n which t he 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 attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Code Civ. Proc., § 484.090(a)(1) -(4).) If an action is against a defe...
2024.04.24 Motion to Strike or Tax Costs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.24
Excerpt: ...atter of cost s ….” (Bankes v. Lucas (1992) 9 Cal.App.4th 365, 369; Carpenter v. Jack in the Box Corp. (2007) 151 Cal.App.4th 454, 461, 59 Cal.Rptr.3d 839 [appeal did not divest trial court of jurisdiction to consider fees and costs].) CCP Section 998 Offers and Their Effect on Costs “ ‘ “[C]osts” of a civil action consist of the expenses of litigation .... The right to recover any such costs is determined entirely by statute.' ” (O...
2024.04.24 Motion to Seal Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.24
Excerpt: ... a record, the movin g party must file a motion for such relief, along with a memorandum and a declaration containing facts sufficient to justify the sealing. (CRC 2.551(b)(1).) The motion must be served on all parties, and unless the court orders otherwise, a complete copy of the document must be served on all other parties that already possess copies, along with the redacted version. (CRC 2.551(b)(2).) To grant a motion to seal, the court must...
2024.04.24 Motion to Seal Certain Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.24
Excerpt: ..., are seale d. Statement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a cour t order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) “A p...
2024.04.24 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.24
Excerpt: ...rior Court Probate Case No. 2023 -01346391. The court grants the request to take judicial notice of the documents but not as to the truth of the matters stated therein. (Evid. Code § 452 (d) and (h); Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App. 4th 651, 658.) Plaintiff seeks further responses to the first set of form interrogatories 15.1, 17.1, 50.1, 50.2, 50.3, 50.4, 50.5, and 50.6. If a timely motion to compel has been fi...
2024.04.24 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.24
Excerpt: ...ntic Richfi eld 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., § 437c, subd. (a)(1).) “Th e 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 entitled to ...

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