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2024.02.21 Motions to Quash
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.21
Excerpt: ...of proof to establish facts showing effect ive service. (Summers v. McClanahan (2006) 140 Cal. App. 4th 403, 413; Dill v. Berquist (1994) 24 Cal. App. 4th 1426, 1439 -40.) Code Civ. Proc. § 415.20(b) covers substitute service on individual defendants and on entity defendants. Substitute service o n an entity, where the physical address of the entity is known, involves 1) leaving a copy of the summons and complaint in the office of the person aut...
2024.02.21 Anti-SLAPP Motion
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.21
Excerpt: ... 17.) Subsequently, on November 27, 2023, Defendants filed the insta nt anti-SLAPP Motion. (ROA No. 26.) The hearing for this motion is set for February 21, 2024. On February 14, 2024, the Court sustained Defendants' demurrer to the Complaint's second through sixth causes of action and granted leave to amend. (ROA No. 89.) In Oakland Bulk and Oversized Terminal, LLC v. City of Oakland (2020) 54 Cal.App.5th 738, a company sued the City of Oakland...
2024.02.14 Motion to Set Aside Default, Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.14
Excerpt: ...lication for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein1, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, or d e r, o r proceeding was taken.” (Code Civ. Proc., § 473, subd. (b).) The court has wide discretion to grant relief under the statute authorizing relief from a proceed...
2024.02.14 Motion to Remedy Violation of Preliminary Injunction
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.14
Excerpt: ...ry injunction enjoining Defen dants and their agents from selling, transferring, or encumbering any of the assets of the parties' partnership without prior notice to and approval of the parties. (ROA 119.) On October 9, 2023, in connection with settling a separate lawsuit involving claims between KBS Holdco, LLC dba Regency Outdoor Advertising (“Regency”) and Defendant Glenn Emanuel, Regency purchased the ownership interests in the Defendant ...
2024.02.14 Motion to Quash Subpoena
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.14
Excerpt: ...laintiffs Mark Adams and Julie ThorntonAdams (the “Judgment Creditors” or “Creditors”) and against the Defendants/Judgment Debtors Rajesh Gupta and Sarita Gupta, as Trustee of the 1996 Rajesh Kranti Gupta Family Irrevocable Trust dated August 15, 1996 (the “Judgment Debtors” or “D ebtors”). On 09/14/2023, Judgment Creditors Mark Adams and Julie Thornton -Adams issued a subpoena to Sterling BMW demanding production by 10/13/2023 of...
2024.02.14 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.14
Excerpt: ...ously filed in this case. . “[A]ll that is nec essary is to call the court's attention to such papers.” (Weil & Brown, Cal. Prac. Guide: Civil Proc. Before Trial (The Rutter Group 2022) ¶ 9.53.1a.) Legal Standard “Summary judgment shall be granted if all the papers submitted show that there is no tri able issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Civil Proc. Code, § 437c, su...
2024.02.14 Motion for Summary Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.14
Excerpt: ...to such papers.” (Weil & Brown, Cal. Prac. Guide: Civil Proc. Before Trial (The Rutter Group 2022) ¶ 9.53.1a.) Relevant Facts It is undisputed that on or about 11/17/2017, Defendant filed an action against The Discovery Fund LLC, The Freedom Fund LLC, The Victory Fund LLC, and The Adv antage Fund LLC (“The Funds”). (See Def.'s Sep. St. No. 1.) That action was arbitrated, and on 08/30/2019, the Arbitrator issued a Final Award in favor of T...
2024.02.14 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.14
Excerpt: ... partially GRANTED with leave to amend. A. Legal Standard on Demurrer “Th e party against whom a complaint or cross-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 not state facts sufficient to constitut e a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous ...
2024.02.14 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.14
Excerpt: ...idge's founder and president, Defendant, John Prichard. (Complai nt, ¶¶ 3, 16.) The stockholders were subject to a Stockholders Agreement, which contained an express and strict confidentiality provision. While the stockholders were permitted to share Plaintiff's confidential and proprietary information with their inves tment advisors for the sole purpose of obtaining investment advice, the Defendants used said information to solicit new busin...
2024.02.07 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ... any one or more of the following grounds: … (e) The pleading does not state facts su¯icient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against wh...
2024.02.07 Demurrer to SAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...cy of the a¯ected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundi¯ 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 su¯iciency of the complaint, a court will not consider facts that have not been alleg...
2024.02.07 Motion for Leave to File SAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...osed to be added to the previous pleading, if any. (Cal. Rules of Ct., Rule 3.1324(a).) The motion must also be supported by a declaration that speciÞes: (1) the e¯ect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. (Cal. Rules of Ct., Rule 3.1324(b).) The court Þnds the motion and...
2024.02.07 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...021, order of dismissal, 3) the Court of Appeal's Opinion, and 4) the April 25, 2023, judgment dismissing the arbitration. The Court grants the request for judicial notice. (Evid. Code § 452(d).) Evidentiary Objections Defendant Þled objections to the declaration of Patrick Ergina. The Court declines to rule on these objections because they are not material to the disposition of the motion. ( C o d e C i v. Pro c. § 4 3 7 c( q ) .) G en eral P...
2024.02.07 Motion to Seal
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...egoing exhibits, and Defendant's unredacted October 24, 2023, Opposition, are sealed. [ROA # 910, 916-921, 941] Statement of Law “Unless conÞdentiality 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 Þled under seal without a court order. The court must not permit a record to be Þled under seal based solely on...
2024.02.07 Motions to Quash Subpoena
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...uperior Court (2019) 32 Cal.App.5th 1213. On 06/06/2023, the court entered default judgment in favor of Judgment Creditors/Plainti¯s Mark Adams and Julie ThorntonAdams (the “Judgment Creditors” or “Creditors”) and against the Defendants/Judgment Debtors Rajesh Gupta and Sarita Gupta, as Trustee of the 1996 Rajesh Kranti Gupta Family Irrevocable Trust dated August 15, 1996 (the “Judgment Debtors” or “Debtors”). On 08/23/2023, Jud...
2024.01.31 Motions to Seal
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.31
Excerpt: ...l based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) “A party requesting that a record be Þled under seal must Þle a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts su¯icient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1); see Cal. Rules of Court, rule 2.551(b)(2) [m...
2024.01.31 Motions to Quash
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.31
Excerpt: ... 418.10(a) provides that 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 Þle a notice of motion… [t]o quash service of the summons on the ground of lack of jurisdiction of the court over him or her. Minimum Contacts A nonresident defendant may not be called upon to defend in a foreign forum unless he or she has minimal contacts with that sta...
2024.01.31 Motions to Compel Responses, to Deem RFAs Admitted
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.31
Excerpt: ...ogatories and Requests for Production of Documents within 30 days of receiving notice of this ruling. Plainti¯'s R e q u e s t s f o r Admission to both DAG & Associates, Inc. and FloorIt Financial, Inc. are deemed admitted. Defendants are ordered to pay Plainti¯ total sanctions of $3,553.20 ($592.20 per motion), or $1,776.60 per Defendant. A party can Þle a motion to compel initial responses to its interrogatories, and its requests for prod...
2024.01.31 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.31
Excerpt: ...action against Defendants Gunlei Corporation, Egreen Transport Corporation, Hong Chen, Jing (Amy) Song, Yu Wang (Monica), Wen Chen, Elaine Huang, and Lucy Luo. On 11/04/21, Plainti¯ Þled a First Amended Complaint (“FAC”), substituting Plainti¯s William Young and Jennifer Young for Plainti¯ JBY Enterprises. The FAC alleges causes of action for: 1. Interference with prospective advantage; 2. Breach of contract; 3. Material misrepresentat...
2024.01.24 Motions to Compel Further Responses, for Monetary Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.24
Excerpt: ... regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action orto 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 other party to the action." (Code Civ. Proc., S 2017.010; Los Angele...
2024.01.24 Motion to Quash Service of Summons
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.24
Excerpt: ...s incorrect. (Code Civ. Proc. S 1005(b) and (c) (requiring opposition papers to be served 9 court days before a hearing and to be served by means to ensure delivery within one business day).) Request for Judicial Notice Plaintiff asks the Court to take judicial notice of three minute orders from Los Angeles County Superior Court and a certified copy of a reporter's transcript of a motion hearing in San Diego County. The court grants the request f...
2024.01.24 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.24
Excerpt: ...t prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (p)(2); 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 fa...
2024.01.24 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.24
Excerpt: ...state facts suffcient 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); see Code Civ. Proc., S 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated thereinl.) "A person against whom a complaint or cross-complaint has been filed may, within 30 days after service ...
2024.01.24 Demurrer to FACC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.24
Excerpt: ...A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the "four corners" of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code SS 451 or 452. Although California courts take a liberal view of inartfu...
2024.01.24 Demurrer to FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.24
Excerpt: ...eading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 1405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1555.) A demurrer tests only the sufficiency of the complaint; a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from the matters alleged or ...

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