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2023.10.18 Motion to Tax or Strike Costs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.18
Excerpt: ... court's discretion, they are reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (Sanford v. Rasnick (2016) 246 cal.App.4th 1121, 1132; see code Civ. Proc., S Defendant seeks $1,895.00 in filing and motion fees, for: - $435 answer; - $840 for 14 motions in limine; - $500 MS]; and - $120 for two ex parte applications to contnue trial The filing and motion fees appear on their face ...
2023.10.18 Motion for Terminating Sanctions or Evidentiary, Issue Sanctions, Monetary Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.18
Excerpt: ...terminating, issue, evidentiary and/or monetary sanctions in the amount of $6,009.50. Plaintiffs contend that the parties attended an informal discovery conference before the court on July 7, 2023, after which the parties met and conferred. The parties later entered into a stipulation, which the court signed as an Order on August 10, 2023. The Order required Defendant to serve responses to multiple sets of discovery without objection, to produce ...
2023.10.18 Motion for Leave to File Complaint
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.18
Excerpt: ....30.) A cross-complaint is "related" to the complaint if it arises out of the same transaction, occurrence, or series of transactions or occurrences as the complaint. (Code Civ. Proc., S 426.10(c).) All other cross-complaints are permissive crosscomplaints. Code of Civil Procedure Section 426.50 provides that: "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistak...
2023.10.18 Motion to Consolidate
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.18
Excerpt: ...e all three actions or, alternatively, to consolidate the instant action (Case 1) with Four Seasons Restoration, Inc. v. Douglas R. oods, et al.; Case No. 30-2021- 01190072 (Case 3). Douglas oods and April 20akum join in the instant moton and, in the alternative, stipulate to consolidate the instant action (Case 1) with Four Seasons Restoration, Inc. v. Douglas R. oods, et al.; Case No. 3C)-2021-01190072 (Case 3). For the following reasons, the m...
2023.10.18 Motion to Amend Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.18
Excerpt: ...20) 55 Cal.App.5th 136, 145.) "under section 187, the trial court is authorized to amend a judgment to add additional judgment debtors.... As a general rule, 'a court may amend its judgment at any time so that the judgment will properly designate the real defendants.'.... Judgments may be amended to add additional judgment debtors on the ground that a person or entity is the alter ego of the original judgment debtor.... 'Amendment of a judgment t...
2023.10.18 Motion to Compel Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.18
Excerpt: ...t to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work ... ." (Code Civ. Proc., S 2030.290(a).) Plaintiff Sunshine Care Centers, LLC shall provide responses, without objections, to Defendant's Form Interrogatories, Set One within 30 days of service of notice of ruling. Defendant's request for sanctions is granted. Sunshine...
2023.10.18 Motion to Compel Deposition of PMQ
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.18
Excerpt: ...f Implied Warranty of Fitness, (3) Breach of Express Warranty, (4) Failure to Promptly Repurchase Product, (5) Failure to Commence Repairs Within a Reasonable Time, (6) Failure to Complete Repairs Within 30 days, (7) Failure to Maintain Sufficient Service and Repair Facilities, (8) Failure to Make Service Literature and Parts Available, (9) Advertising Defective Merchandise without Disclosing Defects, (10) Conversion, (11) Negligence, and (12) Vi...
2023.10.11 Motions to Compel Deposition
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.11
Excerpt: ...o indication any of the Defendants served objections to the Notices of Taking Deposition. Plaintiff Jennifer Young and Defendants exchanged emails and engaged in a telephonic conference on June 24, 2023. (J. Young Decl. 14.) Following the call, Defendants' counsel sent an email indicating that Defendants do not oppose a deposition. (J. Young Decl. 918, Ex. 11.) Defendants contend, however, that questions regarding a party's immigration status, in...
2023.10.11 Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.11
Excerpt: ...time in its discretion, strike out "any irrelevant, false, or improper matter inserted in any pleading." "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., S 431.10, The grounds for a moton to strike must appear on the face of the pleading...
2023.10.11 Motion for Summary Judgment, Adjudication (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.11
Excerpt: .... (2001) 25 Cal.4th 825, 843.) "A party may move for summary judgment in an action or proceeding if it is contended that the acton has no merit or that there is no defense to the action or proceeding." (Code Civ. Proc., S 437c, subd. (a)(l)l . ) "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 entitled to a judgment as a matter of...
2023.10.11 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.11
Excerpt: ...ar v. Atlantic Richfield Co. 25 Cal.4th 826, 850.) "A prima facie showing is one that is sufficient to support the position of the party in question." (ld. at 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (CINIe Civ. Proc. ("CCP"), S 437c(p)(2).) The scope of this burden ...
2023.10.11 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.11
Excerpt: ...the first and fourth causes of action and OVERRULED as to the third cause of action. The demurrer of Defendants Marlene Goren, Shari Ten Eyck, and Ten Eyck Real Estate to the eight cause of achon is SUSTAINED with leave to amend. The motions to strike the punitive damages allegations are GRANTED with leave to amend. FACTS/OVERVIEW On June 15, 2023, Plaintiff Charles Castro filed the operative First Amended Complaint against Defendants: • Cies F...
2023.10.04 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.04
Excerpt: ...P Nos. 76-78 request documents relating to the subject store's vault, including the training provided to employees regarding verification of the contents of the vault, policies and procedures regarding verification of the contents of the vault, and policies and procedures for filling out the "Vault Admittance" document. Defendant Costco responded asserting various objections. In its supplemental responses, Defendant Costco states: "Costco is will...
2023.10.04 Motion for Relief from Forfeiture, for Leave to File Amended Complaint
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.04
Excerpt: ...subd. (b).) 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 taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code Civ. Proc., S 473, subd. (bj.) "Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after en...
2023.10.04 Petition to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.04
Excerpt: ...Agreement The Arbitration Agreement at issue prov-des in pertinent part: It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered or not rendered, will be determined by submission to arbitration as provided by the Federal Arbitration Act, 9 U.S.C. Section 1 etseq ("F.A.A.").... It ...
2023.10.04 Motion to Intervene as a Party in Action
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.10.04
Excerpt: ...ac vice applications. For the reasons set forth below, the Motion to Intervene and the pro hac vice applications are all GRANTED. Pending Motions On April 6, 2023, Gulfstream filed a motion to intervene. Gulfstream argues that mandatory intervention applies because Gulfstream claims an interest in property that is the subjection of this action—the Tooling. Cadence, which is not a party to the contracts that memorializes Gulfstream's alleged own...
2023.09.13 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.13
Excerpt: ...t prejudice to the extent it seeks the production of additional documents. On receipt of a response to a demand for inspection, the demanding party may move for an order compelling a further response if the demanding party deems that any of the following apply: (1) A statement of compliance 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 ...
2023.09.13 Motion to Compel Deposition, Production of Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.13
Excerpt: ...d that Plaintiff "is informed and believes [that Circelli] is (l) an officer of CHICAGO TITLE INSURANCE COMPANY; (2) a member of the executive team of defendant FIDELITY NATIONAL FINANCIAL, INC. and (3) Chief Human Resources Offcerfor FIDELITY NATIONAL FINANCIAL, INC." (ld.) The Circelli Deposition Notice lists 9 categories of inspection demands. (ld.) CTIC served objections to the Circelli Deposition Notice on May 1, 2023. (Lucal Dec., '1 7 and ...
2023.09.13 Motion for Leave to File FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.13
Excerpt: ...adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, al ow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the tme limit...
2023.09.13 Demurrer to TAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.13
Excerpt: ...d this requirement. (McNeil Dec.) 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, 1125.) 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 cou...
2023.09.13 Demurrer to SAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.13
Excerpt: ...cause of action (civil rights violations) is SUSTAINED without leave to amend. The demurrer to the third cause of action (civil rights violations) is OVERRULED as to Defendant Brown and SUSTAINED without leave to amend as to Defendant Journey. The demurrer to the fourth cause of action (negligence) is OVERRULED The demurrer to the fifth cause of action (negligent retention and supervision) is OVERRULED. A demurrer challenges the defects appearing...
2023.09.13 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.13
Excerpt: ...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 via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994. "A demurrer tests the pleading alone, and not on the evidence or facts alleged." (E-Fab, Inc. v. Accountant...
2023.09.13 Application for Right to Attach Order and Writ of Attachment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.13
Excerpt: ...t to attach order and writ of attachment. (Code Civ. Proc., S 484.010.) Following a hearing on the application, the court shall issue a right to attach order 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 attachment is based; (3) The attachment is not sought for a purpose other than th...
2023.09.06 Motion for Terminating Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.06
Excerpt: ...pril 26, 2023, the court ordered Defendant Anthony Bell to serve verified responses without objections to Plaintiff's Form Interrogatories , Set Two, Special Interrogatories, Set Two, and Requests for Production of Documents, Set Two within 30 days of service of notice of ruling. (ROA No. 183, [04/25/23 Minute Order].) Plaintiff's counsel served notice of the ruling on Defendant Robert Bell on April 27, 2023. (Stark Decl. '1 8, Ex. A; ROA No. 201...
2023.09.06 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.06
Excerpt: ...onstitute 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)l; see S 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 after service of the complaint or cross-complaint, demu...
2023.09.06 Motion for Leave to Amend
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.06
Excerpt: ...me of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code." (Code Civ. Proc., S 473, subd. (a)(l).) Amendments to pleadings...
2023.09.06 Motion to Quash Service of Summons and Complaint
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.06
Excerpt: ...quest for judicial notice is DENIED as to the remaining exhibits. (Eivd. Code S 452.) The webpages do not consist entirely of facts "that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy." (Evid. Code S 452(h).) California's long-arm statute permits courts in California to exercise jurisdiction "on any basis not inconsistent with the Constitution...
2023.09.06 Motion for Trial Continuance
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.06
Excerpt: ...gh contnuances of trials are disfavored, each request for a continuance must be considered on its own merits. (Cal. Rules Ct., Rule 3.1332(c).) A party moving to continue trial must make an affrmatve showing of "good cause" justifying the requested relief. (See Cal. Rules Ct., Rule 3.1332(c).) In addition, the motion must be made "as soon as reasonably practical once the necessity for the continuance is discovered." (Cal. Rules Ct., Rule 3.1332(b...
2023.09.06 Motion to Vacate Default
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.06
Excerpt: ... or her through his or her mistake, inadvertence, surprise or excusable neglect." Relief under Code of Civil Procedure section 473, subdivision (b) may be based either on an "attorney affdavit of fault," in which event, relief is mandatory, or on declarations or other evidence showing "mistake, inadvertence, surprise or excusable neglect," in which event relief is discretionary. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (Th...
2023.09.06 Motion to Vacate Dismissal
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.06
Excerpt: ...laintiffs Vince Rinner ("Vince"), Diana Rinner ("Diana"), Nicholas Estanislau ("Nicholas"), and 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...
2023.09.06 Motion to Bifurcate Issues of Liability and Damages
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.09.06
Excerpt: ..., or the economy and effciency of handling the litigation would be promoted thereby, on moton of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except fo...
2023.08.30 Motion to Seal Certain Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.30
Excerpt: ...s 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.), However, “[t]hese rules do not apply to discovery motions and records filed or lodged in connection with discovery motions or proceedings. However, the rules do apply to discovery materials that are used at trial or submitted as a basis for adjudication of matters other ...
2023.08.30 Motion to Compel Deposition
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.30
Excerpt: ...he deposition until the day before (Id. at ¶ 4.) On January 30, 2023, Plaintiff's counsel stated that he was unable to confirm whether his client would appear for deposition on January 31, 2023. (Id. at ¶ 4.) On January 31, 2023, neither Plaintiff nor her counsel appeared for the deposition. (Id. at ¶ 5.) Defendant took a Certificate of Non-Appearance. (Id. at Ex. C.) On February 1, 2023, Defendant served a Notice of Second Continuance of Taki...
2023.08.30 Motion for Determination of Good Faith Settlement
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.30
Excerpt: ... following reasons, the unopposed motion is GRANTED. 1. Code of Civil Procedure section 877.6 & Overview of “Tech-Bilt” Factors Code of Civil Procedure section 877.6 provides in pertinent part: (a)(1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other c...
2023.08.23 Demurrer (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.23
Excerpt: ...e 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 §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff i...
2023.08.23 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.23
Excerpt: ... in presenting his grievances, and fully recognizes the personal investment plaintiff has in his case, the court must treat a pro per party the same as a represented party, i.e., uniformly applying the procedural and substantive rules. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247.) “ ‘A litigant has a right to act as his own attorney [citation] “but, in so doing, should be restricted to the same rules of evidence and procedure as is...
2023.08.23 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.23
Excerpt: ... 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) [1]; 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 after service of the complaint or cross-complaint, demur...
2023.08.23 Motion for Assignment Order
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.23
Excerpt: ...d from interfering in any way with or attempting to dissuade any borrower from making payments to Plaintiff's attorney. Judgment Debtors file no opposition. For the following reasons, the unopposed motion for assignment order and restraining order is GRANTED. On 09/09/2022, this court entered judgment in favor of Judgment Creditor and against Defendants/Judgment Debtors Assent Mortgage, LLC, and Mahyar Kazemi aka Matt Kazemi [ROA 242]. Notice of ...
2023.08.23 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.23
Excerpt: ...mation the employee “has reasonable cause to believe ... discloses a violation of state or federal statute” or of “a local, state, or federal rule or regulation” with a government agency, with a person with authority over the employee, or with another employee who has authority to investigate or correct the violation.” (Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, 709, citing Labor Code § 1102.5, subd. (b).) Defend...
2023.08.16 Motion to Consolidate Instant Action
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ...(a).) The court may also “order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Ibid.) The purpose of consolidation is to enhance trial court efficiency (i.e., to avoid unnecessary duplication of evidence and procedures), and to avoid the substantial danger of inconsistent adjudications (i.e., different results when matters are tried before different ju...
2023.08.16 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ...igned “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order . . . . This, in turn, will lessen the burden on the court and reduce the unnecessary expenditure of resources by litigants through promotion of informal, extrajudicial resolution of discovery disputes.” (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016 [quoting Townsend v. Super. Ct. (1998) 61 Cal....
2023.08.16 Motion for Reconsideration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ... Defendant's MSJ to be heard 07/05/2023. Defendant later decided against filing that motion. (Hernquist Decl. ¶ 11.) Plaintiff's counsel believed that on 06/09/2023, the parties had orally agreed to continue the cross-motions for summary judgment from 07/05/2023 to a date sometime in August. (Mogavero Decl. ¶ 4.) The court notes that the record shows that at that time, neither party had filed an MSJ or cross-MSJ. At some point between 06/09/202...
2023.08.16 Motion for Leave to File Complaint
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ...int.” (Code Civ. Proc., § 426.10, subd. (c) [3].) “[T]he phrase ‘related cause of action' in section 426.30 is defined as ‘a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.' [Citation.] Because of the liberal construction given to the statute to accomplish its purpose of avoiding a multiplicity of actions, �...
2023.08.16 Demurrer, Motion to Strike, Anti-SLAPP Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ...e sixth cause of action of the Cross-Complaint filed by Cross-Complainant Dehong Liu pursuant to Code Civ. Proc. § 425.16. For the following reasons, the anti-SLAPP motion to strike is GRANTED. ---------------------------- Motion # 1 ---------------------------- Demurrer to Cross-Complaint 1. Meet and Confer A party demurring or moving to strike a pleading is required to meet and confer “in person or by telephone” with the party that filed t...
2023.08.16 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ... The Motion to strike is DENIED. Legal Standard on Demurrer 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 sections...
2023.08.16 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ...ded 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 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) [1]; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therei...
2023.08.09 Motion to Compel Further Responses (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.09
Excerpt: ...by that date, the motion may be taken off-calendar. 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.” (Code Civ. Proc., § 2016.040.) The meet and confer requirement is designed “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order….This, in turn, will...
2023.08.09 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.09
Excerpt: ...errogatory No. 17.1 states: Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible thing...
2023.08.09 Motion for Summary Judgment, Adjudication of Issues
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.09
Excerpt: ...antic 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., § 437c, subd. (a)(1) [1].) “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 entitled t...
2023.07.26 Motion for Leave to Amend
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.26
Excerpt: ...fornia courts generally allow great liberality, at all stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits. (IMO Development Corp. v. Dow Corning (1982) 135 Cal. App. 3d 451, 461.) Because the policy favoring amendment is so strong, “it is a rare case in which a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case.” (Morgan v....

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