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2023.12.21 Motion to Compel Further Responses 375
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.12.21
Excerpt: ...8) The Motion to Compel Further Responses to Special Interrogatories (ROA No. 48), brought by Plaintiff David Ulises Castro Herrera, by and through his successor in interest Leslie Plascencia, is GRANTED, in part, pursuant to Code of Civil Procedure secton 2030.300. Defendant Grace Retirement Village, Inc. shall provide further verified responses, without objections, to Plaintiff's Special Interrogatories Nos. 26, 28, 30, 31, 32 and 33, within 15...
2023.12.21 Motion to Compel Further Responses 061
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.12.21
Excerpt: ...and 2, is GRANTED. Defendant Blum shall provide full, complete, and verified responses to Special Interrogatories, Set One, Special Interrogatory Nos. 1 and 2, without objection, within 20 days. Plaintiff Carno Law Group's motion to compel defendant Jack Blum to provide further responses to Requests for Production, Set One, is GRANTED in part and DENIED in part. (Code Civ. Proc., S 2031.310.) The motion is DENIED as to Request Nos. 10-12, which r...
2023.12.21 Motion for Attorney Fees 222
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.12.21
Excerpt: ...ntitled to its post offer costs and fees. In a typical action, Moving Party would be correct. But this action is founded on discrimination and seeks the protections of the Fair Employment and Housing Act (FEHA.) Where, as here, the prevailing defendant seeks a post offer claim of attorney fees and costs, it must first show the action was "frivolous." Christiansburg Garment Co. v. EEOC (1978) 434 LIS 412. The Christianburg court affirmed that alth...
2023.12.21 Demurrer 835
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.12.21
Excerpt: ... injury." (Ladd v. County of San Mateo (1996) 12 Cal. 4th 913, 917.) Here, Cross-Defendant argues that the Crosscomplaint contains no allegation of a duty owed by Cross- Defendant, and as such, no claim for negligence can be stated against CrossDefendant. Review of the Cross-complaint itself confirms this argument. Cross-complainant's cause of action for negligence consists of a single paragraph that is nothing more than a conclusory statement th...
2023.12.14 Motion for Summary Judgment, Adjudication 061
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.12.14
Excerpt: ...ROA 555] MOTION #7 of 9: Compel Further Responses to Special Interrogatories, Set Two [ROA 547, 559] MOTION #8 of 9: Compel Further Responses to Requests for Admission, Set Three [ROA 542, 546] MOTION #9 of 9: Compel Further Responses to Form Interrogatories, set Three [ROA 561] Plaintiff Charles S. Mosesian's ("Plaintiff") Motion to Compel Responses to his Demand for Production of Documents, Set One is GRAN ED. (See Code Civ. SS 2031.3Cü) Defen...
2023.12.07 Motion to Compel Compliance with Subpoena for Site Inspection 038
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.12.07
Excerpt: ... Court, rule 3.1346 [except under circumstances not applicable here, personal service required].) While defendants' proof of service claims that Sybilla Green Dorros (hereinafter, Ms. Green Dorros) was personally served, it states she was so served "via First Legal" and not by the declarant. This lacks personal knowledge and is insufficient to establish service. (See Katelaris v. County of Orange (2001) 92 Cal.App.4th 1211, 1215.) The messenger w...
2023.12.07 Motion for Attorney Fees 612
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.12.07
Excerpt: ...than the offer at trial. (ROA No. 502; Smalley v. Subaru of America, Inc. (2022) 87 Cal.App.5th 450, 453, 458 [subject 998 offer was valid, reasonable, and made in good faith; plaintiff failed to do better than the offer at triall.) Plaintiff can therefore recover only his preoffer attorney fees. "[A] valid and reasonable section 998 offer by the seller, where the buyer recovers less than the offer, precludes recovery by the buyer of postoffer at...
2023.11.30 Motion to Compel Further Responses, for Sanctions 444
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.30
Excerpt: ...on, '1 7, Exh. J. Code of Civil Procedure secton 2030.300(c) states: "Unless notce of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories." Here, the emails between counsel st...
2023.11.30 Demurrer 783
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.30
Excerpt: ...on, with the requisite specificity. (See Covenant Care, Inc. v. Superior Court (2Cu) 32 Cal.4th 771, 783 [elements of elder abuse based on neglect, S#cificity]; Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 152, 155 [caretaking or custtxlial relationship]; Welf. & Inst. Code, S 15610.57, subds. (a)(l), (b); Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1349-1351 [knowing pattern and practice of chronic ...
2023.11.16 Motion to Compel Further Responses 286
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.16
Excerpt: ...port of motion, "1 5 and 7; Exs. 2 and 4.) Thus, moving party was required to file a motion to compel further responses by 10-11-23. (Code Civ. Proc., S 2030.31W, subd. (c) [45 days to file motion to compel further responses]; see also (Code Civ. Prcyc., S 1010.6, subd. [additional two court days for electronic service].) The instant motion was not filed until 11-2-23, and is thus untimely. Moving party contends the instant motion is timely based...
2023.11.16 Motion to Compel Arbitration 659
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.16
Excerpt: ...tion Agreement, before arbitration can be compelled. (See 9 U.S.C. 52 and C.C.P. 51281.2). "If a party to a civil action asks the court to compel arbitration of the pending claim, the court must determine in a summary proceeding whether an 'agreement to arbitrate the controversy exist.'" (lyere v. Wise Auto Group (2023) 87 Cal.App.5th 747, 754.) "Because the existence of the agreement is a statutory prerequisite to granting the petition, the peti...
2023.11.16 Motion for Summary Adjudication 717
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.16
Excerpt: ...to Paras. 8 and 10 of the Suarez Decl. are SUSTAINED (relevance). Defendants' evidentiary objection no. 7 to Para. 13 is sustained in part, as to the portion reading "in order to avoid her" (lacks foundation) Defendants' remaining objections to the Suarez Decl. are OVERRULED. Defendants' objections to the Opstelten Decl. are OVERRULED. 1st cause of action: age discrimination. Moving parties' evidence includes direct evidence of unlawful discrimin...
2023.11.09 Demurrer to SAC 997
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.09
Excerpt: ...fficient to constitute this cause of action, with the requisite specificity. (See Covenant Care, Inc. v. Superior Court (20!J4) 32 Cal.4th 771, 783 [elements of elder abuse based on neglect, specificity]; Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 152, 155 [caretaking or custodial relationship]; Welt & Inst. Code, S 15510.57, subds. (a)(l), (b); Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1349-1351...
2023.11.02 Motion to Compel Additional Physical Exams 240
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.02
Excerpt: ...aton will be conducted for the purpose of determining, evaluating, and assessing plaintiff's physical condition and alleged injuries related to her spine/back. Claims of continuing, ongoing or permanent problems, if any, will be within the scope of the examination, including claims for future care and/or surgery. The examination will be consistent with the orthopedic practices in Southern California and consultations in connection with such pract...
2023.11.02 Demurrer 897
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.02
Excerpt: ... the basis "[t]here is a defect or misjoinder of parties." (Code Civ. Proc., 5430.10, subd. (d).) Additionally, as explained by the Court in Time for Living, Inc. v. Guy Hatfield Homes/ All American Development Co. (1991) 230 Cal.App.3d 30, whether a crosscomplaint "come[s] within the provision of section 428.10, subdivision b), is a pleading issue" which is typically "raised by a demurrer on the ground of misjoinder... (ld. at 40-41.) Based on t...
2023.10.26 Motion to Compel Deposition 430
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.10.26
Excerpt: ...ices of Haight Brown & Bonesteel LLP, 555 South Flower Street, Forty-Fifth Floor, Los Angeles, California 90071. The parties may agree in writing to conduct the deposition at a different date, time, and/or location, or to conduct the deposition by remote means rather than in person. The motion is DENIED as to of documents requested in the deposition notice, as moving party has not provided evidence showing cause. (Code Civ. Proc., S 2025.450, sub...
2023.10.19 Motions to Compel Further Responses 129
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.10.19
Excerpt: ...necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in this action and to report findings and make a recommendation thereon—with the sole exception of Pitchess motions (i.e., motions to obtain information contained in police officer personnel records brought pursuant to Evidence Code sections 1043-1046), which the court will retain and determine directly. (See Code ...
2023.09.28 Motion for Terminating Sanctions 430
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.28
Excerpt: ...r failure respond. Plaintiffs have also shown that their failure to obey the discovery orders was not willful, but inadvertently caused by their counsel's staffing issues and calendaring mistakes. (See Panah Decl. "1 2-4, 7-10, Exs. 1-2 [responses served on 6/2/23 and 5/7/231.) As for plaintiffs' failure to pay the court-ordered monetary sanctions, "a terminating sanction issued solely because of a failure to pay a monetary discovery sanction is ...
2023.09.28 Demurrer to TAC 185
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.28
Excerpt: ...r v. Superior Court (1996) 12 Cal.4th 631, 645 [heightened pleading requirements]; Hahn v. Mirda (2007) 147 Cal. App.4th 740, 748 [elements for fraudulent concealment].). Plaintiff argues on opposition that his claim for fraud is fraudulent concealment, but his cause of acton refers to alleged misrepresentations in support of that claim, and states that Plaintiff "relied on [Defendant's] representations." (SAC, "1 21, 22, and 25). To the extent P...
2023.09.28 Demurrer to FAC 196
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.28
Excerpt: ... suit between the same parties or parties in privity with them.' [Citation.) Claim preclusion arises if a second suit involves: (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit. [Citations.] If claim preclusion is established, it operates to bar relitigation of the claim altogether." (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824; see also Grande v. Eisenhower Medical Ce...
2023.09.21 Motion to Strike 197
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.21
Excerpt: ...urt (1992) 10 Cal.App.4th 1033, 1041-42, and Lehto v. Underground Construction Co. (1977) 69 Cal.App.3d 933, 944.) The facts alleged in the 2ndAC fail to allege fraud as defined in Civil Code section 3294, or an intent to cause plaintiff harm, or despicable conduct by defendant. (See Civ. Code S 3294, subd. "Despicable" conduct means "...conduct that is so vile, wretched, and loathsome that it would be looked down upon by decent people." (See Moc...
2023.09.21 Motion to Enforce Order to Provide Discovery 038
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.21
Excerpt: ... authorizes the court to issue a second order requiring a party comply with previous orders to provide discovery. As there is no authority for the requested relief, and as plaintiff has a series of motions to compel further responses based upon the disputed responses served in response to the court's orders pending, the court declines to issue a second order mandating compliance. The request for issuance of issue sanctions is denied without preju...
2023.09.21 Demurrer to SACC 532
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.21
Excerpt: ...ract (tort), it is barred by the economic loss rule. (See Sheen v. Wells Fargo Bank, N.A. (2022) 12 Cal.5th 905, 922-923 ["there is no liability in tort for economic loss caused by negligence in the performance or negotiation of a contract between the parties"]; Moore v. Centrelake Medical Group, Inc. (2022) 83 Cal.App.5th 515, 535 ["The economic loss rule applies, inter alia, where the parties are in contractual privity and the plaintiff's claim...
2023.09.21 Demurrer 979
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.21
Excerpt: ... and negligence, and otherwise OVERRULED. Defendants shall answer the complaint without 10 days. 3rd cause of acton for breach of oral contract. The third cause of action for breach of oral contract is barred by the statute of frauds. An agreement to forebear from foreclosing on real property under a deed of trust must be in writing and signed by the party to be charged or it is barred by the statute of frauds. (See Secrest v. Security Nat. Mortg...
2023.09.14 Motion to Quash 617
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.14
Excerpt: ...s were incomplete making a second subpoena necessary. A second subpoena for the same documents is not authorized under the CCP. If the response to the subpoena was incomplete, a motion to compel further response was necessary. The Motion as to Perfect Pregnancy, Inc. is GRANTED in part and DENIED in part. The court exercises fts discretion to modify the subpoena and impose a protective order. (ld.) The court orders that the custodians need only p...

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