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2024.05.29 Motion to Strike (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29

Excerpt: ...36.) “Irrel evant” 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 support by the allegations of the complaint. (Code Civ. Proc., § 431.10(b).) Defendant moves to strike Plaintiff's requests for injunctive relief. Defendant argues that Plaintiff is seeking injunctive relief only under Civil Code section 52, ...

2024.05.29 Motion for Summary Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29

Excerpt: ...dissolut ion of the automatic bankruptcy stay. Statement of Law The Court may summarily adjudicate any causes of action, affirmative defenses, claims for damage, or issues of duty. (Code Civ. Proc., § 437c, subd. (f)(1).) The “speciﬁc cause of action, affirmativ e defense, claims for damages, or issues of duty must be stated speciﬁcally in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material fact...

2024.05.29 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29

Excerpt: ...omplaint. (Blan k v. Kirwan (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. (200 2) 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 ...

2024.05.29 Demurrer (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29

Excerpt: ...ful evict ion. Plaintiff ﬁled a ﬁrst amended complaint as a matter of right. The parties then stipulated to Plaintiff ﬁling a Second Amended Complaint. [ROA #79]. Defendants Baldi, Steiner, and MAS ﬁled a demurrer to various causes of action in the Second Ame nded Complaint. On August 16, 2023, the court overruled Defendants' demurrers as to the eighth cause of action, but sustained the demurrer as to the fourth, seventh, ninth, and tenth...

2024.05.29 Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29

Excerpt: ...35, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or ﬁled in conformity with the laws of this state, a court rul e, or an order of the court.” (Code Civ. Proc., § 436.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of whic...

2024.05.29 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29

Excerpt: ...s 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 admissible evid...

2024.05.29 Motion to Compel Further Responses, for Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29

Excerpt: ...yable w ithin 30 days of notice of the Court's ruling. Statement of Law 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 determina tion 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 re...

2024.05.29 Motion to Seal Certain Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29

Excerpt: ...Court Clerk is instructed to remove ROA # 1176 from the public docket, and Defendant is directed to ﬁle a corrected version of same, but which redacts the conﬁdential information identiﬁed in Plaintiff's Motion. The Court seals the portions of ROA # 1176 that des cribe or summarize the contents of Exhibits 20 -26 and 30- 35. Statement of Law – Motion to Seal “Unless conﬁdentiality is required by law, court records are presumed to be o...

2024.05.29 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29

Excerpt: ... set forth “ speciﬁc facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310(b)(1).) Case law provides the burden is on a moving party to show good cause. (See, e.g., Digital Music News, LLC v. Superior Court (2014) 226 Ca l.App.4th 216, 224 [disapproved on other grounds by Williams v. Super. Ct. (2017) 3 Cal.5th 531]; Kirkland v. Super. Ct. (2002) 95 Cal.App.4th 92, 98.) To establish “good c...

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 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 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 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 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 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...

2024.05.22 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 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...

2024.05.15 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 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...

2024.05.08 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...

2024.05.01 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...

2024.05.01 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 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...

2024.04.24 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 ...

2024.04.24 Motion for Attorney Fees
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.24

Excerpt: ... trial court concluded that Plaintiffs were entitled to recover attorney fees, but awarded only $198,445. Plaintiffs appealed, and the court of appeal reversed the order on Plaintiffs' motion for attorney fees for three reasons. The court of appeal held: “First, the court erred by concluding that not all Plaintiffs were entitled to recover fees. Second, the court set an hourly rate for Plaintiffs' lead counsel that was far lower than the market...

2024.04.24 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.24

Excerpt: ...Act”] aff ords certain protections to elders and dependent adults.” (Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 152 (Winn).) “‘The purpose of the [Act was] essentially to protect a particularly vulnerable portion of the population from gross mistre atment in the form of abuse and custodial neglect.' [Citation.]” (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 787 (Covenant Care).). The acts proscribed by th...

2024.04.24 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.24

Excerpt: ...for b rea c h of implied- in-fact con tract and breach of implied -in -law contract. The Motion to Strike is DENIED as moot. As to the 1st cause of action for breach of oral contract, this claim is not sufficiently pled. “An oral contract may be pleaded generally as to its effect, because it i s rarely possible to allege the exact words.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Nevertheless, “[t]he elements of...

2024.04.17 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.17

Excerpt: ... 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 is complaining, ...

2024.04.17 Motion to Quash Deposition Subpoenas for Production of Business Records
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.17

Excerpt: ...cords are sought by a subpoena duces tecum and who is a party 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. Pro c., § 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 ma...

2024.04.17 Demurrer, Motions to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.17

Excerpt: ...Defendant Co ldwell Banker Realty's demurrer is OVERRULED as to the fourth cause of action. The demurrer of Defendants Marlene Goren, Shari Ten Eyck, and Ten Eyck Real Estate to the eight cause of action is OVERRULED. The motions to strike the punitive damages allegations are DENIED. Facts/Overview On November 13, 2023, Plaintiff Charles Castro ﬁled the operative Second Amended Complaint against Defendants: • Cies Family Trust, the owner of a...

2024.04.17 Motion to Seal Confidential Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.17

Excerpt: ...ne [ROA # 1024 ], and Exhibits B, C, I, J, K, L, M, and N to the Wayne Declaration [ROA # 1025 -1032], 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 sol...

2024.03.27 Motion to Compel Deposition of PMK
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.27

Excerpt: ...ers, directors, managing agents, employees, or agents o f entity deponents who are most qualiﬁed to testify on its behalf].) If the party being deposed objects to the deposition notice, it must object to same at least three calendar days prior to the date for which the deposition is scheduled. (Code Civ. Proc. , § 2025.410, subds. (a) & (b).) “If, after service of a deposition notice, a party to the action or an officer, director, managing a...

2024.03.27 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.27

Excerpt: ...een ﬁled may object, by demurrer or answer as provided in S ection 430.30 , to the plead ing on any on e or more of the followin g 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 a nd unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be...

2024.03.20 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.20

Excerpt: ...nly objections. (Jenkins Decl. ¶ 4, Ex. B.) Defendant initiated the meet and confer process on 11/01/2023 and demanded further responses and responsive documents no later than Monday 11/13/2023. (Jenkins Decl. ¶ 5, Ex. C.) On Thursday 11/09/2023, Plaintiff asked for a 30- day extension to respond. (Jenkins Decl. ¶ 6, Ex. D.) Defendant compromised by offering a three -day extension to Thursday 11/16/2023. (Jenkins Decl. ¶ 7, Ex. E.) Plaintiff ...

2024.03.20 Motion for Terminating Sanction
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.20

Excerpt: ...ting sanctions against anyone engaging in conduct that is a misuse of the discovery process. (Code Civ. Proc., § 2023.030, subds. (a) -I.) Misuse of the discovery process includes, but is not limited to, using a discovery method in a manner that does not comply with its speciﬁed procedures, employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden, failing to submi...

2024.03.20 Demurrer (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.20

Excerpt: ...tions in the pleading o r 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 demu rrer 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 ...

2024.03.20 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.20

Excerpt: ...nswer. (ROA Nos. 3233; see ROA No. 23.) Code of C ivil Procedure section 472 provides: “Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is ﬁled, or after demurrer and before the trial of the issue of law thereon, by ﬁling the same as amended and serving a copy on the adverse party, ….” In Barton v. Khan (2007) 157 Cal.App.4th 1216, a shareholder who was a former emplo...

2024.03.13 Motion to Set Aside Entry of Default Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.13

Excerpt: ...e neglect. Application 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, d ismissal, order, or proceeding was taken.” (Code Civ. Proc., § 473, subd. (b).) The court has wide discretion to grant relief under the statute authorizing relief fro...

2024.03.13 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.13

Excerpt: ...ler Agreement and Personal Guarantors breached the personal guaranty. F or the following reasons, UACC's motion is DENIED in its entirety. Relevant Facts Plaintiff purchases automotive retail installment contracts from car dealerships. (Compl. ¶ 9; Reza Decl. ¶ 2.) On or about January 20, 2022, UACC and Galaxy Auto Sales en tered into a written agreement entitled the “United Auto Credit Corporation Independent Dealer Agreement” (the “Deal...

2024.03.13 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.13

Excerpt: ...he 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, 14041405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) 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 inferre...

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The Best Way toLearn About a Judgeis to Read Their Rulings!

The Best Way to
Learn About a Judgeis to Read Their Rulings!