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2023.09.07 Motion for Protective Orders 129
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.07
Excerpt: ... a reasonable time after receipt of the subject discovery. (See Code Civ. Proc., SS 2031.060, subd. (a), 2030.090, subd. (a).) The County served the subject discovery on 2/2/23 (ROA No. 85—Mtn. at Exs. 4-6 [attached proofs of service)); plaintiff provided responses tothe same on or about 3/13/23, 3/20/23, and 3/27/23 (see id. at Exs. 1-3); and plaintiff did not move for a protective order until a month after he had already served responses. To ...
2023.09.07 Demurrer 379
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.07
Excerpt: ...r constructive knowledge that serious injury was a probable (as opposed to a possible) result; or that moving defendant acted with deliberate indifference and conscious disregard of the peril/probable serious injury. (Dæ v. United States Youth Soccer Assoc. , Inc. (2017) 8 Cal.App.5th 1118, 1140 [elements]; Aubryv. Tri—City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967 [on demurrer, while the court is required to assume the truth of alleged facts,...
2023.08.31 Motion for Summary Judgment 084
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.08.31
Excerpt: ...ving party presents evidence that it did not request plaintiff to provide any services, a quantum meruit claim can arise where the services are provided pursuant to an implied agreement, as well as an express one. (Ochs v. PacifiCare (2004) 115 Cal.App.4th 782, 794 [“To recover on a claim for the reasonable value of services under a quantum meruit theory, a plaintiff must establish both that he or she was acting pursuant to either an express or...
2023.08.31 Demurrer to FAC 244
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.08.31
Excerpt: ...t BLD, made certain representations, either orally or in writing, to Plaintiff on either February 24, 2018 or March 23, 2018. The FAC also alleges that the representations made by Defendants were false and incorrect at the time they were made; that Defendants knew them to be false when the representations were made; that the statements were made with the intent to deceive and defraud Plaintiff in order to induce him to enter into and continue per...
2023.08.24 OSC Re Strike Pleading 271
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.08.24
Excerpt: ... appears to represent Enviro-Holdings. If Enviro-Holdings, LLC, has not retained representation the court will strike Enviro- Holdings, LLC's pleading. Moreover, “a corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney.” (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4t...
2023.08.24 Motion for Summary Judgment 584
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.08.24
Excerpt: ...dants' demurrer as to the 1st and 4th causes of action with leave to amend and granted Loan Defendants' motion to strike as to punitive and emotional damages with 15 days leave to amend. Plaintiff did not amend the complaint. Thus, the operative complaint is the SAC with the 2nd, 3rd and 5th causes of action. The 1st and 4th causes of action were effectively stricken from the SAC. 2nd COA for Promissory Fraud The elements of a cause of action for...
2023.08.17 Motions to Seal Docs 685
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.08.17
Excerpt: ...and Recapitalization Agreement): Chart from Schedule 3.5 on CFG000086-87. 2. Exhibit F (Asset Contribution Agreement); Chart from Schedule 2 on CFG000008, Personal address on top left of CFG000005. 3. Exhibit G (Consulting Agreement): Consulting fee amount at para. 3 on CFG007349. 4. Exhibit J (Investment Memorandum): Bottom half of pages CFG001473-1480. The following documents and/or portions of documents, filed in support of plaintiff's opposit...
2023.08.17 Motion to Compel Responses 012
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.08.17
Excerpt: ... procedure requirements have been met: The instant motion was filed on March 27, 2023, in accordance with an agreed upon extension. (¶13 of Goldsmith Declaration and Exhibit 5 thereto; See also ¶6 of Shugart Declaration and Opposition: 2:16-20 [conceding the same.]) Thus, the motion is timely pursuant to Code of Civil Procedure section 2030.300, subdivision (c). Additionally, per the Declaration of Plaintiff's Counsel efforts were made to meet ...
2023.08.03 Demurrers 066
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.08.03
Excerpt: ...Nguyen to parts of her body unrelated to the one she presented. If she received treatment for the part of the body for which she presented, her wrist, it was after she endured unwanted touching. Defendants offer no authority stating they cannot be held liable for a breach of the standard of care as a matter of law. The 4th cause of action states a claim for sexual harassment by a physician under Civil Code §51.9. Under the statute, the sexual ha...
2023.07.27 Motion for Writ of Mandate 823
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.07.27
Excerpt: ...013) 222 Cal.App.4th 691, 697 (Beckley).) The court has reviewed the administrative record (AR) in the exercise of the court's independent judgment, giving due respect to respondent OCERS' administrative findings. (See Espinoza v. Shiomoto (2017) 10 Cal.App.5th 85, 99-100 [independent judgment standard]; Fukuda v. City of Angels (1999) 20 Cal.4th 805, 817, 818 (Fukuda) [same]; Alberda v. Board of Retirement of Fresno County Employees' Retirement ...
2023.07.27 Demurrers 066
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.07.27
Excerpt: ...ed by the evidence. Plaintiff does not have to make an election at the pleading stage. The 3rd cause of action states a claim for sexual harassment by a physician under Civil Code §51.9. Under the statute, the sexual harassment must be either pervasive or severe. A single act of harassment may be severe enough to state a claim for harassment. [Ellison v. Brady (9th Cir. 1991) 924 F.2nd 872, 878] Under FEHA “the groping of plaintiff by itself c...
2023.07.27 Demurrer to FAC 509
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.07.27
Excerpt: ...facts. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [elements]; FAC, ¶¶ 2, 3, 5, 15 [existence of contract], 17 [performance], 12, 18 [breach], and 19 [proximately caused damages].) Failure to allege a specific dollar amount of damages is not fatal. (Furia v. Helm (2003) 111 Cal.App.4th 945, 957 [specific damages allegations are only necessary when seeking a default judgment; otherwise, “the absence of a specific amount from ...
2023.07.13 Motion to Compel Arbitration 274
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.07.13
Excerpt: ...and not by any state law concerning arbitration.” The parties do not dispute that the FAA applies. The FAA requires the existence of a valid arbitration agreement, before arbitration can be compelled. [See 9 U.S.C. § 2] In any event, California and federal arbitration law are identical for the purposes of this motion. Under the FAA, state law governs the question whether a nonsignatory party may enforce an arbitration agreement. [Kramer v. Toy...
2023.07.13 Anti-SLAPP Motion 459
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.07.13
Excerpt: ...11 Cal.5th 995, 1009 [burden]; Wilson v. Cable News Network, Inc. (2019) 7 Cal.5th 871, 884 [same].) Specifically, cross-defendant contends that the subject claims arises from activity protected under Code of Civil Procedure section 425.16, subdivision (e)(3) and (e)(4). (See Motion P&As at pp. 3, 6.) To the extent cross-defendant relies on section 425.16, subdivision (e)(3)—cross-defendant fails to show his alleged statements that Jacobson is ...
2023.07.07 Motion to Compel Arbitration 612
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.07.07
Excerpt: ... signatory to the RISC. (See Maugeri Decl. at Ex. 4.) With limited exceptions, only a party to an arbitration agreement may enforce the agreement. (DMS Services, LLC v. Superior Court (2012) 205 Cal.App.4th 1346, 1352-1353 [general rule, listing exceptions].) Defendant contends it may enforce the arbitration agreement under two exceptions to this general rule, i.e., as (1) a third party beneficiary; and/or (2) under an equitable estoppel theory, ...
2023.07.07 Motion for Reconsideration 759
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.07.07
Excerpt: ...on for reconsideration of “any order of a judge or court.” (Code Civ. Proc., § 1008, subd. (e) [“[t]his section specifies the court's jurisdiction with regard to applications for reconsideration of its orders ... and applies to all applications to reconsider any order of a judge or court, ... whether the order deciding the previous matter or motion is interim or final. No application to reconsider any order ... may be considered by any jud...
2023.07.06 Motion to Compel Production of Records at Deposition 617
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.07.06
Excerpt: ...tion is denied. Plaintiff failed to adequately tie the purportedly missing records to the sanctions requested. The request for terminating sanctions is denied. Terminating sanctions must be used sparingly. The purportedly missing records only address alter ego/piercing the corporate veil theories, and do not address the merits of plaintiff's claims, or the defendant's general denial and affirmative defenses. Granting terminating sanctions would g...
2023.07.06 Motion to Compel Arbitration 612
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.07.06
Excerpt: ... signatory to the RISC. (See Maugeri Decl. at Ex. 4.) With limited exceptions, only a party to an arbitration agreement may enforce the agreement. (DMS Services, LLC v. Superior Court (2012) 205 Cal.App.4th 1346, 1352-1353 [general rule, listing exceptions].) Defendant contends it may enforce the arbitration agreement under two exceptions to this general rule, i.e., as (1) a third party beneficiary; and/or (2) under an equitable estoppel theory, ...
2023.07.06 Motion for Reconsideration 759
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.07.06
Excerpt: ...on for reconsideration of “any order of a judge or court.” (Code Civ. Proc., § 1008, subd. (e) [“[t]his section specifies the court's jurisdiction with regard to applications for reconsideration of its orders ... and applies to all applications to reconsider any order of a judge or court, ... whether the order deciding the previous matter or motion is interim or final. No application to reconsider any order ... may be considered by any jud...
2023.06.22 Motion to Compel Further Responses 399
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.06.22
Excerpt: ...Sanctions are GRANTED in the amount of $2,400 in favor of SAS and against Navco, payable within 30 days of notice. 2. Motion to Compel Compliance with Responses to Requests for Production, Set One SAS's motion to compel compliance with responses to its first set of requests for production is GRANTED. (See Code Civ. Proc., § 2031.320.) Navco is ORDERED to electronically produce responsive documents in compliance with Code of Civil Procedure secti...
2023.06.22 Demurrer 066
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.06.22
Excerpt: ...ned by the evidence. Plaintiff does not have to make an election at the pleading stage. The 3rd cause of action states a claim for sexual harassment by a physician under Civil Code §51.9. Under the statute, the sexual harassment must be either pervasive or severe. A single act of harassment may be severe enough to state a claim for harassment. [Ellison v. Brady (9th Cir. 1991) 924 F.2nd 872, 878] Under FEHA “the groping of plaintiff by itself ...
2023.06.15 Request for Preliminary Injunction 632
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.06.15
Excerpt: ...t. (See Ex Parte Memo. P&As at pp. 10-13.) Plaintiff has failed to demonstrate a probability of prevailing on these claims. (See Integrated Dynamic Solutions, Inc. v. VitaVet Labs, Inc. (2016) 6 Cal.App.5th 1178, 1183 [to obtain a preliminary injunction, moving party must demonstrate, inter alia, a probability of prevailing on the merits]; O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1481 [same].) Each of these causes of action depend...
2023.06.15 Motion for Summary Judgment 895
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.06.15
Excerpt: ...that they are entitled to a judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) Summary adjudication is GRANTED as to Plaintiff's second cause of action for defamation per quod. Moving Parties have met their initial burden of presenting evidence showing that Plaintiff cannot establish the essential element of special damages. (Code Civ. Proc., § 437c, subd. (p)(2) [burden]; Taus v. Loftus (2007) 40 Cal.4th 683, 720 [defamation el...
2023.06.15 Demurrer 652
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.06.15
Excerpt: ...to provide the notice specified therein (¶25 of FAC); however, the cited provision appears to outline, at most, a defense to a request for contribution. Although not clearly specified by the language of the statute, the lack of sufficient notice would appear to constitute an “equitable factor” which the Court could consider in making a contribution determination. (Civ. Code, §841, subd. (b)(3)(E).) Here, there has been no allegation Defenda...
2023.06.01 Motion for Summary Adjudication 978
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.06.01
Excerpt: ...mative defenses, one or more claims for damages, or one or more issues of duty..." (C.C.P. As the relevant provision does not permit adjudication of individual elements or theories of liability, this Court declines to rule on all 24-stated issues and, instead, interprets Defendants' motion as seeking adjudication of each of Plaintiff's causes of action, along with the request for punitive damages, consistent with C.C.P. S437c(f)(1). Summary adjud...

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