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2023.05.10 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...ax Mortgage Loan Trust 2021 -G, and LoanCare, LLC relating to a non judicial foreclosure sale that Defendants are pursuing against Plaintiff's house. Plaintiff alleges nineteen causes of action based on fraud, alleging that Defendants concealed loan documents from Plaintiff and/or that various documents on which Defendants rely for their non-judicial proceedings are fraudulent (e.g., fraudulent deed of trust, fraudulent assignment of mortgage, fr...
2023.05.03 Demurrer to FAC (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.03
Excerpt: ... action (civil rights violations) is SUSTAINED with leave to amend. The demurrer to the third cause of action (civil rights violations) is SUSTAINED with leave to amend. The demurrer to the fourth cause of action (negligence) is SUSTAINED with leave to amend. The demurrer to the fifth cause of action (negligence per se) is OVERRULED as moot. The demurrer to the sixth cause of action (negligent retention and supervision) is SUSTAINED with leave to...
2023.05.03 Demurrer to FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.03
Excerpt: ...ode Civ. Proc., 5 430.30, subd. "A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, 'uncertain' includes ambiguous and unintelligible. " (S 430.20.) "A party who has filed a complaint or cross-complaint may, w...
2023.05.03 Motion to Quash Deposition Subpoenas for Business Records
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.03
Excerpt: ...rties produce stock certificates, shareholder meeting minutes, IRS Form 2553, and documents identifying shareholders. The Moving Parties argue 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 (each) against Plaintiff. On April 20, 2023, Plaintiff filed a combined opposition to the motions. Plaintiff argues...
2023.05.03 Motion to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.03
Excerpt: ...4th 558, 565.) The parties may, among other things, agree that the arbitration agreement will be controlled bv the Federal Arbitration Act (FAA), which includes both procedural and substantive provisions. The FAA states that written arbitration agreements "shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (g U.S.C. S 2.) The United States Supreme Court has descri...
2023.05.03 Motion for Summary Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.03
Excerpt: ...s to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, 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 defense to the action or proceeding." (Code Civ. Proc., S 437c, s...
2023.04.26 Demurrers
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.04.26
Excerpt: ...nancial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) 1st cause of action. negligence. Defendants Thomas Courtney Dubar and Skyler Lambert do not demur to this cause of action. As to demurring defendants Ella Dubar, David Skorheim, and Eric Michael Massimo, the FAC states facts sufficient to constitute this cause of action. (See Ladd v. County of San Mateo (1996) 12 cal.4th 913, 917 [elements]; FAC 74 [duty], 36, 38, 40, 41, 4...
2023.04.19 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.04.19
Excerpt: ... triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to ...
2023.04.19 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.04.19
Excerpt: ...erial 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.) 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. (Code Civ. Proc. (“CCP”)...
2023.04.19 Demurrer to SAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.04.19
Excerpt: .... (Evid. Code, § 452, subd. (d); Bell v. H.F. Cox, Inc. (2012) 209 Cal.App.4th 62, 67, fn. 1.) The Court finds Defendants complied with the meet-and-confer requirement prior to filing their Demurrer. (Code Civ. Proc., 430.41, subd. (a).) Standard for Demurrer “The 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 ...
2023.04.12 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.04.12
Excerpt: ...) 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.) 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. (Code Civ. Proc. (“CCP”), § 437c(p)(2).) The scope of this burden is determined by th...
2023.04.12 Demurrer to FAA
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.04.12
Excerpt: ...nial of the material allegations of the complaint controverted by the defendant' and ‘[a] statement of any new matter constituting a defense.' [Citation.] ‘The phrase “new matter” refers to something relied on by a defendant which is not put in issue by the plaintiff. [Citation.] Thus, where matters are not responsive to essential allegations of the complaint, they must be raised in the answer as “new matter.” ' [Citation.] Such ‘ne...
2023.04.12 Motion to Compel Further Responses (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.04.12
Excerpt: ...Code § 2017.010. The test for determining if something is discoverable is whether the requested matter “appears reasonably calculated to lead to the discovery of admissible evidence.” Id. Information is “relevant to the subject matter of the litigation” if it possibly assists the party in evaluating the case, preparing for trial, or aiding in settlement of the case. (Gonzalez v. Super. Ct. (1995) 33 Cal.App.4th 1539, 1546). “A trial co...
2023.04.12 Motion to Compel Further Responses (3)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.04.12
Excerpt: ...y to demonstrate both: (1) relevance to the subject matter (e.g., how the information in the documents would tend to prove or disprove some issue in the case), and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial). (Glenfed Develop. Corp. v. Super. Ct. (1997) 53 Cal.App.4th 1113, 1117; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter G...
2023.04.12 Motion to Seal Exhibit
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.04.12
Excerpt: ...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 expressly find that: 1. an overriding interest exists tha...
2023.04.12 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.04.12
Excerpt: ...g apply: “(1) an answer to a particular interrogatory is evasive or incomplete, (2) an exercise of the option to produce documents…is unwarranted…(3) an objection to an interrogatory is without merit or too general.” (Civ. Proc. Code § 2030.300(a)(1)-(3).) “An interrogatory may relate to whether another party is making a certain contention, or to the facts, witnesses, and writings on which a contention is based. An interrogatory is not...
2023.03.22 Motion to Enforce Settlement
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.22
Excerpt: ...reement. (Ideta Decl. II 4, Ex. A.) Pursuant to the agreement, Defendants agreed to pay Plaintiff an initial payment of $90,000 by 01/27/2023 and $38,000 by 02/05/2023. (Ideta Decl., Ex. A at S 1.) The agreement provides that: Contemporaneous with the execution of this Agreement, Defendants Diya and J. Samtani shall execute a Stipulation for Entry of Judgment (the "Stipulated Judgment"), in the form attached hereto as Exhibit A. The total amount ...
2023.03.22 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.22
Excerpt: ...no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as t...
2023.03.22 Demurrer to FAC (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.22
Excerpt: ...Second cause of action for violation of california civil Code section Third of action for Fraud in the Concealment, and Sixth cause of action for Negligent Misrepresentation Plaintiff alleges a variety of fraud based claims. Plaintiff alleges Defendants committed fraud by misrepresenting that they were or are the beneficiary of the contract that secured the Note and Deed of Trust. (FAC, '1 31.) Plaintiff alleges that Defendant MERS unlawfully rec...
2023.03.22 Demurrer to FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.22
Excerpt: ...urrer 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 of the complaint, a court will not ...
2023.03.22 Application to Appear Pro Hac Vice
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.22
Excerpt: ... Bar of California but who is a member in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory, or insular possession of the United States, and who has been retained to appear in a particular cause pending in a court of this state, may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice, provided that an active member of...
2023.03.15 Petition to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.15
Excerpt: ...t the Agreement is governed by the Federal Arbitration Act. Instead, Plaintiff contends that the Agreement is unconscionable. If the party opposing the petition to compel arbitration raises a defense to enforcement, that party bears the burden of producing evidence of, and proving by a preponderance of the evidence, any fact necessary to the defense. (See Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4 th 394, 413.) An agreement ...
2023.03.15 Motions for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.15
Excerpt: ... the action has no merit, that plaintiff cannot 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., § 437c(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 C...
2023.03.15 Motion to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.15
Excerpt: ...; (2) Fraud; (3) Intentional misrepresentation; (4) Negligent misrepresentation; (5) Intentional infliction of emotional distress; (6) Negligent infliction of emotional distress; (7) Negligent hiring, training, supervision, and retention; (8) Violation of Business & Professions Code § 17200; (9) Conversion; (10) Defamation; and (11) Violation of the Rosenthal Fair Debt Collection Practices Act § 1788. (2021 Action, ROA No. 2.) After the parties...
2023.03.15 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.15
Excerpt: ...e FDA's website are “not the type of agency action we may judicially notice.” (Bridges v. Mt. San Jacinto Community College Dist. (2017) 14 Cal.App.5th 104, 117.) Even if the Court took judicial notice of these documents, which are considered government documents, it may only take judicial notice of their existence, not the truth of their content. (Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 193 [“Although the audit repo...
2023.03.08 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.08
Excerpt: ...ns of paragraph 6 of the Declaration of Mark Ankcorn in support of the motion for reconsideration. Specifically, the challenged declaration states, On December 5, 2022, I spoke with a Deputy Attorney General from the UCL enforcement division who I knew to be involved in the California Department of Justice's Experian investigation. During that conversation, I learned for the first time that the Attorney General had entered into a tolling agreemen...
2023.03.08 Motion to Compel Arbitration (3)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.08
Excerpt: ...FAA states that written arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (9 U.S.C. § 2.) The Supreme Court has described this provision as reflecting both a “liberal federal policy favoring arbitration,” and the “fundamental principle that arbitration is a matter of contract.” (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. ...
2023.03.08 Motion to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.08
Excerpt: ...burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. (Id.) In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court's discretion, t...
2023.03.08 Motion to Compel Arbitration (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.08
Excerpt: ...tration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. (Id.) In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court's discretion, to reach a final determination. (Id.) “ ‘Und...
2023.03.01 Petition to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.01
Excerpt: ..., Ex. A.) Parties moving to compel arbitration “may meet their initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060.) If the opposing party challenges the validity of that signature, however, the moving party must “establish by a preponderance of the evide...
2023.03.01 Motion to Stay or Dismiss Action
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.01
Excerpt: ...n clause, it will usually be given effect unless it is unfair or unreasonable. [Citation.] Moreover, a court will normally reject any claims that the chosen forum is unfair or inconvenient. [Citation.] Also, “[a] court will usually honor a mandatory forum selection clause without extensive analysis of factors relating to convenience.” [Citation.]” (Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 661.) A mandatory fo...
2023.03.01 Motion to Compel Arbitration and Stay Matter
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.01
Excerpt: ...ation is simply a suit in equity seeking specific performance of that contract. (Little v. Pullman (2013) 219 Cal.App.4th 558, 565.) The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. (Id.) In these summary proceedings, the trial court sits ...
2023.03.01 Motion for Terminating Sanctions or to Compel Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.01
Excerpt: ...below, the motion is GRANTED in part and DENIED in part. Failing to respond to an authorized method of discovery is a misuse of the discovery process warranting sanctions. Code Civ. Proc. § 2023.010(d). So, too, is disobeying a court order to provide discovery. (Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4 th 1495, 1516.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bentley ...
2023.03.01 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.03.01
Excerpt: ...ency 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 of the complaint, a court will not consider facts that have not been allege...
2023.02.22 Motion to Compel Arbitration and Stay Proceedings
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.02.22
Excerpt: ...equitable estoppel when the claims against the nonsignatory are “dependent upon, or founded in and inextricably intertwined with,” the obligations imposed by the agreement containing the arbitration clause. (Goldman v. KPMG LLP (2009) 173 Cal.App.4th 209, 217-218; Marenco v. DirectTV LLC (2015) 233 Cal.App.4th 1409, 1419-1420 [equitable estoppel doctrine required employee who signed arbitration agreement with predecessor corporation to arbitr...
2023.02.14 Motion to Dismiss TAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.02.14
Excerpt: ...nislau (“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 Canyon Flood Control Channel”) and...
2023.02.08 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.02.08
Excerpt: ...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 via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleading ...
2023.02.08 Motion to Compel Arbitration and Dismiss or Stay Action
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.02.08
Excerpt: ...t for the revocation of any contract.” (Code Civ. Proc., § 1281 [2]; see Fischer v. Superior Court in and for Los Angeles County (1930) 105 Cal.App. 466, 470 [arbitration statutes contemplate controversy either existing or which may subsequently arise out of a particular contract].) A court shall order arbitration if it determines an agreement to arbitrate exists, unless the moving party waived arbitration, grounds exist for revocation of the ...
2023.02.08 Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.02.08
Excerpt: ...ession, fraud, or malice. Civ. Code § 3294(c) provides the following definitions: (1) "Malice" means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (2) "Oppression" means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's right...
2023.02.01 Motion to Compel Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.02.01
Excerpt: ...bjections and that sets forth legally valid responses to each interrogatory, the untimely response might completely or substantially resolve the issues raised by a motion to compel responses under section 2030.290,” although the court still retains authority to hear the motion. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 407-409.) Even if valid responses are belatedly served, the Court can ...
2023.02.01 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.02.01
Excerpt: ...tion to produce documents under Code of Civil Procedure 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. (Code Civ. Proc. § 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 interrogatories. (Fairmont Ins. Co. v. Superior Cour...
2023.01.25 Special Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.01.25
Excerpt: ...ion. On 11/09/2022, the court continued this motion for further proof of service. The court finds Moving Defendants have submitted sufficient proof of service of the moving papers on Plaintiffs. Although Plaintiffs' opposition papers include no proof of service, the court finds that Defendants' filing a substantive reply brief addressing the opposition papers waives any objection Defendants may have had based on defects in service. Code of Civil ...
2023.01.25 Motion to Continue Pretrial and Trial Dates
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.01.25
Excerpt: ...ceptionally lenient treatment.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984.) Otherwise, “exceptional treatment of parties who represent themselves would lead to a quagmire in the trial courts, and would be unfair to the other parties to litigation.” (Id. at 985.) “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (...
2023.01.18 Motion to Withdraw or Amend RFAs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.01.18
Excerpt: ...rits.” (§ 2033.300, subd. (b); Stover v. Bruntz (2017) 12 Cal.App.5th 19, 30-31; New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420-1421.) “Section 2033.300 eliminates undeserved windfalls obtained through requests for admission and furthers the policy favoring the resolution of lawsuits on the merits. [Citation.]” (New Albertsons, supra, 168 Cal.App.4th at p. 1418.) While the Court's discretion is not unlimited, any ...
2023.01.18 Motion to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.01.18
Excerpt: .... On September 21, 2022, Defendant Partners Personnel Management Services, LLC filed a motion to compel arbitration on the grounds that Plaintiff signed an arbitration agreement that covers her claims in this action. On December 21, 2022, Defendant 33 Degrees, LLC filed a joinder in the motion. On January 4, 2023, Plaintiff filed an opposition arguing that the agreement is procedurally unconscionable because the arbitration agreement is an adhesi...
2023.01.18 Motion to Bifurcate Trial
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.01.18
Excerpt: ...he “avoidance of waste of time and money caused by the trial of issues which may be rendered moot.” (Bedolla v. Logan & Frazer (1975) 52 Cal.App.3d 118, 135; see Silver v. Shemanski (1949) 89 Cal.App.2d 520, 530 [“section 597 of the Code of Civil Procedure is but a legislative recognition of the power of a trial court under section 2042 of the Code of Civil Procedure and places an imprimatur upon a practice which contemplates a trial first ...
2023.01.18 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.01.18
Excerpt: ...4th 826, 850.) 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. (Code Civ. Proc. (“CCP”), § 437c(p)(2).) Once the moving party meets that burden, the burden shifts to the party opposing MSJ to show, by reference to specific facts, the existence of a triable issue as to that a...
2023.01.11 Motion to Quash Service of Verified Complaint
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.01.11
Excerpt: ...022, Order. (06/29/22 Minute Order [ROA No. 84].) On July 26, 2022, Plaintiff submitted an Amended Verification that cured defects in Plaintiff's original verification and properly verified his Complaint. (Amended Verification [ROA No. 99].) Defendants contend that res judicata bars reconsideration of the personal jurisdiction issue. “ ‘Res judicata' describes the preclusive effect of a final judgment on the merits. Res judicata, or claim pre...
2023.01.11 Motion to Compel Production of Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.01.11
Excerpt: ...ode § 2017.010. The test for determining if something is discoverable is whether the requested matter “appears reasonably calculated to lead to the discovery of admissible evidence.” Id. Information is “relevant to the subject matter of the litigation” if it possibly assists the party in evaluating the case, preparing for trial, or aiding in settlement of the case. (Gonzalez v. Super. Ct. (1995) 33 Cal.App.4th 1539, 1546). “A trial cou...
2023.01.11 Motion to Compel Arbitration and Dismiss Action or Stay Action Pending Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.01.11
Excerpt: ... Superior Court in and for Los Angeles County (1930) 105 Cal.App. 466, 470 [arbitration statutes contemplate controversy either existing or which may subsequently arise out of a particular contract].) A court shall order arbitration if it determines an agreement to arbitrate exists, unless the moving party waived arbitration, grounds exist for revocation of the agreement, or a party to the agreement is also a party to a pending action involving t...

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