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2023.04.13 Motion to Seal 896
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.04.13
Excerpt: ...and Authorities in support thereof, (ROA #293); 2. Unredacted Separate Statement of Undisputed Facts in Support of Defendants' Motion for Summary Judgment, or in the alternative, Summary Adjudication, (ROA #294); 3. Unredacted Declaration of Carl Chang in Support of Defendants' Motion for Summary Judgment, or in the alternative, Summary Adjudication and Exhibits A-D attached thereto, (ROA #292); and 4. Unredacted Declaration of Maryam Arshad in S...
2023.02.27 Motion to Stay Proceedings 280
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...tely, regarding the status of the criminal case so that the court may determine if the stay should be extended. Defendant Fritz Baumgartner, M.D. (Defendant Baumgartner) moves to stay this action pending resolution of his parallel criminal proceedings. Standard for Stay of Civil Proceedings Where There are Parallel Criminal Proceedings The Fifth Amendment of the United States Constitution provides that “No person . . . shall be compelled in any...
2023.02.27 Motion to Compel Discovery 924
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...ucted by neuropsychologist Leah Ellenberg, Ph.D., and continue for no more than six hours of examination time in total, not including a one-hour break for lunch. The examination shall be audio recorded, pursuant to Plaintiff Bryson Galaz's request. No later than 03/31/2023, Defendants shall provide to counsel for Plaintiff Bryson Galaz an audio recording of the examination, as well as all written test materials, answer sheets, test data, scoring ...
2023.02.27 Motion to Compel Arbitration 051
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ... pending completion of the arbitration. Standard for Compelling Arbitration The right to arbitration depends upon contract, and thus, a motion to compel arbitration is akin to a suit in equity seeking specific performance of that contract. (See Little v. Pullman (2013) 219 Cal.App.4th 558, 565.) The parties may, among other things, agree that the arbitration agreement will be controlled by the Federal Arbitration Act (FAA), which includes both pr...
2023.02.27 Motion for Summary Adjudication 051
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ... the 2nd cause of action alleged in the First Amended Complaint (FAC) filed by Plaintiff Richard E. Dillon. Standard for Summary Judgment/Summary Adjudication “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defens...
2023.02.27 Motion for Preliminary Injunction 247
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...e subject property (Premises). Standard for Preliminary Injunction A plaintiff seeking a preliminary injunction must: 1) present facts that show a reasonable probability that the plaintiff will prevail on the merits, (Fleishman v. Superior Court (2002) 102 Cal.App.4th 350, 356), and 2) show that the plaintiff will be harmed if a preliminary injunction is not granted, (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, ...
2023.02.27 Motion for Leave to Amend 054
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...ry of liability based on financial elder abuse, and (4) replaces the medical malpractice cause of action with a negligence cause of action. Standard for Leave to Amend The Civil Procedure Code provides that: The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in...
2023.02.27 Motion for Extension of Time to Respond to Discovery 273
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...on, which was set for 03/27/2023. Plaintiff filed an amended motion, (see ROA #118 & ROA #119), but inadvertently set a hearing date of 02/27/2023. The court will therefore continue this matter so that it may heard on the correct date. The court clerk shall give notice of this ruling. Motion to Seal Plaintiff Homelink Catering's Motion Pleading to Request for Case to be Seal to the Public is DENIED. Plaintiff Homelink Catering moves to seal the e...
2023.02.27 Demurrer 930
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...contained in the complaint. (Blank 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. (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.) Beca...
2023.02.27 Demurrer 012
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...llenges 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 consider f...
2023.02.22 Application for Right to Attach Order 439
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.22
Excerpt: ...c. applies for a right to attach order and order for issuance of a writ of attachment against Defendant Integritox Laboratories, LLC. Standard for Right to Attach Order and Order for Issuance of Writ of Attachment Upon the filing of a complaint or at any time thereafter, the plaintiff may apply for a right to attach order (RTAO) and an order for issuance of a writ of attachment by filing an application with the court in which the action is brough...
2023.02.22 Motion to File Under Seal 999
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.22
Excerpt: ...ht pursuant to Civil Procedure Code section 340.1. That statute allows a plaintiff who is 40 years or older to bring an action for childhood sexual assault, under certain circumstances, against the person who committed the childhood sexual assault and against third persons who were on notice of the misconduct that created a risk of childhood sexual assault and failed to guard against it. (See Code Civ. Proc., § 340.1.) The court is required to s...
2023.02.22 Motion to Conosolidate 468
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.22
Excerpt: ...lackburn moves to consolidate the following cases: 1) Blackburn v. Mission Hills Investment Co. (Case Number 30-2021-01236425); 2) Blackburn v. Mission Hills Investment Co. (Case Number 30-2022-01248341). Standard for Consolidation “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions”. (Code Civ. Proc., § 1048, subd. (a)....
2023.02.22 OSC Re Dismissal 425
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.22
Excerpt: ... of Good Faith Settlement Defendant Al's Engineering, Inc.'s Motion for Determination of Good Faith Settlement is GRANTED. Defendant Al's Engineering, Inc.'s Motion to Dismiss the Cross-Complaint filed against Defendant Al's Engineering in the related case (5 Coral Cove Way LLC v. Irie Kasinger, Case No. 30-2021-01229781) is GRANTED. Defendant Al's Engineering, Inc. (Defendant Al's Engineering) moves for an order 1) determining that Defendant Al'...
2023.02.21 OSC Re Dismissal 425
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.21
Excerpt: ... of Good Faith Settlement Defendant Al's Engineering, Inc.'s Motion for Determination of Good Faith Settlement is GRANTED. Defendant Al's Engineering, Inc.'s Motion to Dismiss the Cross-Complaint filed against Defendant Al's Engineering in the related case (5 Coral Cove Way LLC v. Irie Kasinger, Case No. 30-2021-01229781) is GRANTED. Defendant Al's Engineering, Inc. (Defendant Al's Engineering) moves for an order 1) determining that Defendant Al'...
2023.02.21 Motion to File Certificates of Merit Under Seal 993
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.21
Excerpt: ...ssault, which are brought pursuant to Civil Procedure Code section 340.1. That statute allows a plaintiff who is 40 years or older to bring an action for childhood sexual assault, under certain circumstances, against the person who committed the childhood sexual assault and against third persons who were on notice of the misconduct that created a risk of childhood sexual assault and failed to guard against it. (See Code Civ. Proc., § 340.1.) The...
2023.02.21 Motion to Consolidate 468
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.21
Excerpt: ...lackburn moves to consolidate the following cases: 1) Blackburn v. Mission Hills Investment Co. (Case Number 30-2021-01236425); 2) Blackburn v. Mission Hills Investment Co. (Case Number 30-2022-01248341). Standard for Consolidation “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions”. (Code Civ. Proc., § 1048, subd. (a)....
2023.02.21 Application for Right to Attach Order 439
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.21
Excerpt: ...c. applies for a right to attach order and order for issuance of a writ of attachment against Defendant Integritox Laboratories, LLC. Standard for Right to Attach Order and Order for Issuance of Writ of Attachment Upon the filing of a complaint or at any time thereafter, the plaintiff may apply for a right to attach order (RTAO) and an order for issuance of a writ of attachment by filing an application with the court in which the action is brough...
2023.02.06 Special Motion to Strike 354
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.06
Excerpt: ...e section 425.16 (Anti-SLAPP Statute). Standard for Special Motion to Strike (Anti-SLAPP) Civil Procedure Code section 425.16(b) provides that: “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that th...
2023.02.06 Petition to Confirm Arbitration Award 874
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.06
Excerpt: ...he final arbitration award issued on 05/04/2022 by Arbitrator Richard Aronson. Mootness Furthermore, Defendant Uber indicates that in the case of Gupta v. Uber Technologies, et al., Orange County Superior Court Case No. 30-2020-01121607 (Gupta v. Uber Technologies Case), the court granted Defendant Uber's petition to confirm the arbitration award at issue in the amended petition. (See Senesi Decl., ¶ 7 & Exh. 3.) The court's order dated 10/26/20...
2023.02.06 Motion to be Relieved as Counsel 301
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.06
Excerpt: ...nnovatech with the signed Form MC-053, Notice of the Order to Show Cause hearing set forth below, and notice of this ruling. Service shall be completed in the same manner that a summons and complaint must be served. Attorney Joseph Frondle  shall be relieved as counsel of record for Defendant Innovatech effective upon the filing of a proof of service showing timely service of the Judicial Council Form MC-053, Notice of the Order to Show Cau...
2023.02.06 Demurrer 295
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.06
Excerpt: ...edigheh Battle. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank 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. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions o...
2023.02.06 Demurrer 287
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.06
Excerpt: ...ions of fact contained in the complaint. (Blank 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. (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...
2023.01.31 Motion to Compel Arbitration 553
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.01.31
Excerpt: ...other party may petition the court to compel arbitration and stay any pending lawsuit. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 218). Specifically, Civil Procedure Code section 1281.2 states: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner a...
2023.01.31 Motion to File Under Seal, File Amended Complaint, Proceed Under Fictitious Name 180
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.01.31
Excerpt: ...l the certificate of corroborative facts and certificates of merit of Plaintiff's counsel and a mental health practitioner. Plaintiff asserts claims arising out of alleged childhood sexual assault, which are brought pursuant to Civil Procedure Code section 340.1. That statute allows a plaintiff who is 40 years or older to bring an action for childhood sexual assault, under certain circumstances, against the person who committed the childhood sexu...
2023.01.31 Motion to Strike 178
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.01.31
Excerpt: ...es allegations of the Complaint for Damages and Injunctive Relief (Complaint) filed by Plaintiff Cesar Pelaez. Standard for Motion to Strike A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule or an order of the court. (Code Civ. Proc., § 436.) “Irrelevant” matters include: allegations...
2022.12.12 Motion to Strike 924
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.12.12
Excerpt: ...endants Angels Baseball LP, Moreno Baseball LP, Moreno Baseball Companies Inc., and Keynan Middleton (Doe 1) move to strike the punitive damages allegations of the Second Amended Complaint (SAC) filed by Plaintiffs Bryson Galaz and Beatrice Galaz. Standard for Motion to Strike A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity wit...
2022.12.12 Motion to Strike 000
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.12.12
Excerpt: ...ut all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule or an order of the court. (Code Civ. Proc., § 436.) “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 support by the allegations of the complaint. (Code Civ. Proc., § 431.10, subd. (b).) ...
2022.12.12 Motion to Reclassify 273
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.12.12
Excerpt: ... suits where “the amount of the demand does not exceed five thousand dollars ($5,000).” (Code Civ. Proc., § 116.220, subd. (a)(1).) The small claims court also has jurisdiction over cases “brought by a natural person, if the amount of the demand does not exceed ten thousand dollars ($10,000).” (Code Civ. Proc., § 116.221.) The limited civil courts have jurisdiction in cases in which “the demand, exclusive of interest, or the value of ...
2022.12.12 Motion for Leave to Amend 491
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.12.12
Excerpt: ...ffs Insight Environmental Engineering & Construction, Inc. and CeSight Joint Venture move for leave to amend the Complaint to add a second cause of action for breach of fiduciary duty and to file the First Amended Complaint against Defendant SMTD Law LLP. Standard for Leave to Amend Pleadings Leave to amend should be granted liberally at all stages of the proceedings in order to accomplish substantial justice for both parties and to resolve cases...
2022.12.12 Motion for Leave to Amend 452
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.12.12
Excerpt: ...his ruling. Defendant Jay P. Erb moves for leave to amend the Answer of Defendant Jay P. Erb to Verified First Amended Complaint (Answer) to add denials to certain paragraphs of the Verified First Amended Complaint (FAC). Defendant Erb also seeks leave to file the amended answer. Standard for Leave to Amend Pleadings Leave to amend should be granted liberally at all stages of the proceedings in order to accomplish substantial justice for both par...
2022.10.31 Motion to Seal Records 522
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.31
Excerpt: ... open.” (Cal. Rules of Court, rule 2.550(c).) A request to seal must be directed at specific material in the record, specifically identify that material, demonstrate an overriding interest that overcomes the right of public access to the material and a substantial probability the interest will be prejudiced absent sealing, and be supported by declarations setting forth specific facts in support of the request. (See Cal. Rules of Court, rules 2....
2022.10.31 Motion to Compel Production of Docs 528
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.31
Excerpt: ...sive to Century Recovery, LLC's four post-judgment requests for the production of documents within 30 days of service of the notice of ruling. Defendants and Judgment Debtors Don Jensen, Esther Jensen, J&L Investments, LLC, and Jensen RE Group, LLC are ORDERED to pay, jointly and severally, sanctions in the amount of $1,072.50 to Century Recovery, LLC within 30 days of service of the notice of ruling. Century Recovery, LLC, the assignee of the ju...
2022.10.27 Motion for Protective Order 944
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.27
Excerpt: ...s of California, Inc., moves for a protective order governing the treatment of confidential information. “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Civil Proc. Code, § 2031.060, subd. (b)(5); see also Civil Proc. Code, §§ 2030.090(b)(6); 2033.080(b)(...
2022.10.24 Demurrer 302
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.24
Excerpt: ...an (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. (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 ...
2022.10.24 Demurrer 397
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.24
Excerpt: ...ocedure Code section 430.41(b) states: A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer. Plaintiffs contend that Section 430.41(b) bars this demurrer because Defendant Frede...
2022.10.24 Demurrer 623
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.24
Excerpt: ...Kingan and Reiko Kingan (Kingan Defendants) demur to the second cause of action of the Second Amended Complaint (SAC). Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank 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...
2022.10.24 Motion for Summary Judgment, Adjudication 082
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.24
Excerpt: ...cipitation on that day, and not whether the precipitation camouflaged any defect. Defendant's request for judicial notice is GRANTED. Plaintiff's evidentiary objections are SUSTAINED as to objection number 5. Plaintiff's other evidentiary objections are OVERRULED. Defendant's evidentiary objections are SUSTAINED as to objection numbers 11, number 13 but only as to the statement “The defective conditions and failures I observed are the proximate...
2022.10.24 Motion to Quash 068
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.24
Excerpt: ...or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Civil Proc. Code, § 418.10, subd. (a)(1).) In this case, the proof of service filed by Plaintiff Colleen Osborne on 04/28/2022 purports to have served Defendant Shelton by mail and acknowledge of receipt pursuant t...
2022.10.03 Motions to Compel 778
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.03
Excerpt: ...intiff Adriana Alonso's motion to compel further responses to requests for admission (set one) is DENIED as to request for admission numbers 1, 2, and 7. Defendant Imperial Spa Fullerton, LLC is ORDERED to serve by personal service or overnight mail, no later than 10/13/2022, further responses to Plaintiff Adriana Alonso's special interrogatories (set one), special interrogatories numbers 1, 13, and 14, and requests for the production of document...
2022.10.03 Motion to Set Aside Default 427
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.03
Excerpt: ...eding taken against him or her through his or her [the party's] mistake, inadvertence, surprise, or excusable neglect.” (Civil Proc. Code, § 473, subd. (b).) An application for relief under Section 473(b) must be accompanied by a copy of the answer or other pleading proposed to be filed therein, and be made within a reasonable time, but in no case exceeding six months after the judgment, dismissal, order, or proceeding was taken. (See Civil Pr...
2022.10.03 Motion to Compel Compliance 855
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.03
Excerpt: ...ently demonstrated a basis to compel compliance pursuant to Civil Procedure Code sections 1985, 1987.1, and 2025.480. Plaintiff has established that he properly served Non-Party Nancy Gray, Esq. of Gray & Associates, PC (Attorney Gray) with the civil subpoena (duces tecum) (Subpoena) and that Attorney Gray has stated that she would not produce the documents requested absent a court order. (Oh-Kubisch Decl., ¶¶ 2 & 6-8 & Exh. 5.) Defendant conte...
2022.10.03 Demurrer 204
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.03
Excerpt: ...Stueve Bros. Farms, LLC; SBH Partners, GP; Stueve Bros. Farms of Delano, LLC; EHE Family Foundation; SBI Partners, GP; Jacqueline Ann Arthur; and David John Stueve (collectively, Defendants) demur to the 6th, 7th, 8th, 9th, and 10th causes of action in the First Amended Complaint (FAC) of Plaintiff George Cooper. Meet and Confer Civil Procedure Code section 430.41(a)(2) requires that “[t]he parties shall meet and confer at least five days befor...
2022.10.03 Demurrer 166
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.10.03
Excerpt: ... deadline may be dismissed, unless the parties stipulate to the filing or the court grants prior leave to file. (See Civil Proc. Code, § 581, subd. (f)(2).) Cross-Defendants Roy Fenn, Peter Dang, Chris Hammerstone, and Jesse Dean (collectively, Cross-Defendants) demur to the 1st through 6th causes of action and the request for injunctive relief of the First Amended Cross-Complaint (FACC), and on the basis of uncertainty. Standards for Demurrer I...
2022.08.29 Motion for Summary Judgment, Adjudication 622
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.08.29
Excerpt: ... Automobile Insurance Company (CAIC) moves for summary judgment or, in the alternative, summary adjudication on the Complaint of Plaintiffs Matt Puccio and Lisa Puccio, individually and as trustees of the Puccio Family Trust dated September 5, 2007. Plaintiffs are the insureds under Homeowners Insurance Policy No. CAHP0000367644 (Policy) Defendant, effective 05/10/2019 to 05/10/2020. Plaintiffs experienced water loss under their kitchen sink on 0...
2022.08.29 Motion for Summary Judgment, Adjudication 515
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.08.29
Excerpt: ...6, 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. (Civil Proc. Code, § 437c(p)(2).) A cause of action “cannot be established” if the undisputed facts ...
2022.08.29 Demurrer 700
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.08.29
Excerpt: ...oli & Purdy, PC, without leave to amend. Plaintiff shall have 33 days to file an amended pleading. Defendants Paoli & Purdy, PC, Court Purdy, and William Paoli demur to the First Amended Complaint (FAC) of Plaintiff Alicja Matak. Although Plaintiff has since filed a Second Amended Complaint (SAC), the amendments primarily addressed the claims against non- moving Defendant Jaroslaw Geier. Further, Plaintiff's counsel indicated that Plaintiff inten...
2022.08.29 Demurrer 449
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.08.29
Excerpt: ...e 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 complaint unless they may be reasonably inferred from the matters alleged or are pro...
2022.08.22 Special Motion to Strike 630
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.08.22
Excerpt: ...th, and Tenth Causes of Action of the verified Second Amended Complaint (“SAC”) of Plaintiffs Doug Le and Ke Van Nguyen (“Plaintiffs”). Request for Judicial Notice Attorney Defendants' Request for Judicial Notice is denied. Rules of Court Rule Judicial 3.1113(l) requires that “[a]ny request for judicial notice must be made in a separate document listing the specific items for which notice is requested and must comply with rule 3.1306(c)...
2022.08.22 OSC Re Contempt 452
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2022.08.22
Excerpt: ...motion requests that the Court issue an Order to Show Cause re: Contempt, rather than make a finding that Defendants and Defendants' counsel are in contempt. The threshold issue is thus whether Plaintiff's allegations are sufficient to support a showing of contempt. (fn.1) In order to make out indirect contempt (i.e., alleged contempt that is not committed in the immediate view and presence of the court), Plaintiffs must show: 1) the rendition of...

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