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2024.06.07 Motion to Dismiss Settlement Agreement, to Set Aside Default, Judgment
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.06.07
Excerpt: ...by counsel. Defendant does not request relief from carelessness or inadvertence with claims to be resolved in a trial on the merits. Rather, Defendant requests the court set aside Defendant's own agreement to settle this litigation, an agreement made while Defendant was repres ented by counsel and after protracted negotiation. There is no evidence proffered that the settlement agreement was illegal, coerced, or a product of any fraud that would w...
2024.06.07 Motion for Terminating Sanctions
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.06.07
Excerpt: ...l Procedur e section 2023.030 provides that a court may impose sanctions against anyone engaging in conduct that is a misuse of the discovery process. (See Code Civ. Proc., § 2023.030.) Sanctionable discovery abuses include, among other things, spoliation of evidence . (Dept. of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154, 191.) Spoliation of evidence “is defined as the destruction or alteration of relevant evidence or the ...
2024.06.07 Motion for Bifurcation and Stay of Discovery
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.06.07
Excerpt: ...ring, make an order, n o later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other is sue or any part thereof in the case….” (Code Civ. Proc., § 598.) The objective of Section 598 “is avoidance of the waste of time and money caused by the unnecessar...
2024.06.07 Motion for Attorney Fees, to Strike or Tax Costs
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.06.07
Excerpt: ...ust 9, 2024, at 9:30 a.m. in Department W8. The court notes that a party requesting attorney fees “can carry its burden of establishing its entitlement to attorney fees by submitting a declaration from counsel instead of billing records or invoices.” (Lunada Biomedica l v. Nunez (2014) 230 Cal.App.4th 459, 487- 488.) Defendants CHARTWELL PROFESSIONAL STAFFING, INC. and CHARTWELL STAFFING SERVICES, INC. (collectively, the “Chartwell Defendan...
2024.06.07 Demurrer to FAC (2)
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.06.07
Excerpt: ... as to the fact that the real estate documents were recorded, but not for the truth of the matter stated therein. 1st C/A (breach of contract) - OVERRULED Defendants argue that the FAC fails to allege each element for a breach of contract claim. The elements of a c ause of action for breach of contract are: (i) existence of the contract; (ii) the plaintiff's performance or excuse for nonperformance; (iii) the defendant's breach; and (iv) damage t...
2024.06.07 Demurrer to FAC
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.06.07
Excerpt: ...e 496(a)(c)) - OVER RULED As to the first cause of action, Martinez essentially argues that the FAC fails to plead an essential element of a Penal Code 496 claim – to wit, that Defendant had knowledge of any item stolen or wrongfully obtained. In response, Plaintiffs argu e that the FAC “either expressly pled facts sufficient to constitute a cause of action or pled facts from which facts sufficient to state a cause of action can reasonably b...
2024.05.31 Motion to Compel Further Responses
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.31
Excerpt: ... 7.2, 7.3, 12.4, 13.1, 13.2 and 20.11; and 2. DENIES Plaintiff's Motions to Compel further verified responses by Defendant to (3) Plaintiff's Request for Admissions, Set One, Nos. 6, 7, and 8, and (4) Plaintiff's Special Interrogatories, Set One, Nos. 8, 9 and 10. The Di scovery Act requires a party to respond to discovery by providing complete and straightforward responses; to the extent it objects to the request, is unable to comply with the d...
2024.05.31 Motion for Sanctions
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.31
Excerpt: ...ndant Unive rsity Medical Pharmaceuticals Corp. to serve verified responses without objections to Plaintiff's Form Interrogatories (Set One) and Request for Production of Documents (Set One). The court also ordered Defendant to pay sanctions in the sum of $360.00 per motion within 30 days of service of notice of ruling. (ROA # 49 [12/22/2023 Minute Order].) Plaintiff's counsel served notice of the ruling on Defendant on January 3, 2024. (ROA # 5...
2024.05.31 Motion for Attorney Fees
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.31
Excerpt: ...nd costs here. In September of 2021, Plaintiff filed an earlier motion to deemed prevailing party and to recover reasonable attorney's fees and costs. The issues are not identical. The court denied that motion on 2/10/22. Issue preclusion —whether by way of collater al estoppel and direct estoppel —applies to preclude relitigation of issues argued and decided in prior proceedings when: (1) the issue to be precluded is identical to that decid...
2024.05.31 Demurrer to TAC
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.31
Excerpt: ... battery”. Plaintiff's Amendm ents to the Second Amended Complaint (SAC) Exceeded the Permissible Scope The County argues the first and fourth causes of action fail because Plaintiff impermissibly added new causes of action. The court agrees. “It is the rule that when a trial court sustains a demurrer with leave to amend, the scope of the grant of leave is ordinarily a limited one. It gives the pleader an opportunity to cure the defects in t...
2024.05.24 Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.24
Excerpt: ...representation (aga inst Rich), (4) “breach of contractual duty to pay a covered claim” (against B&B), and (5) “breach of contractual duty to pay a covered claim” (against nonmoving defendant CFPA).1 Moving defendants appear to demur to the first four causes of action. 1st C/A (negligence) - OVERRULE For the first cause of action for negligence, the FAC alleges the following: Rich was the broker who sold Plaintiffs a certain insurance p...
2024.05.24 Motion for Summary Judgment
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.24
Excerpt: ...erest in the Su bject Property. The Complaint requests a sale, alleging physical division of the Subject Property is not possible. Property may be partitioned by physical division, sale of the property and division of the proceeds, or court approved and supervised parti tion by appraisal. (Code Civ. Proc., §§ 873.210 -290, 873.510- 850, 873.910-980.) The presumption is toward division, and against sale, unless it is shown that division would no...
2024.05.24 Motion to Compel Production of Docs
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.24
Excerpt: ...if so, what form of) a protective order should be entered before the documents are produced. (Opp'n Br. at 4:10 -14.) The City argues that Lennar has waived its objections to the inspection demands at issue, but the court does not find such based upon the evidence p resented. The City propounded the requests for production of documents (RFP) on Lennar on 2/13/23. (Toscano Decl., ¶ 2, Exh. A.) Counsel for Lennar requested an extension of time to...
2024.05.24 Motion to Tax Costs
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.24
Excerpt: ...endaring the motion and t he court would prefer to reach the merits of the motion. Defendant seeks to strike the items listed below from the Cost Memo. Category 1(g) – filing and motion fees Defendant argues that $87.85 should be taxed because the amount is sought for filing fees of documents that were rejected by the court. Defendant seeks to strike a total of $1,844.59 from Category 4. Defendant argues that the court should strike In respon...
2024.05.17 Motion to Compel Further Responses
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.17
Excerpt: ... ADAMAS motion to c ompel Defendant CHRISTIAN ESPANA (“Espana”) to provide further, verified responses, without objections to Plaintiff's Request for Production of Documents, Set Two, Nos. 19, 20, 21, 24, and 25. Sanctions was not requested. Both Motions: While the motions a re framed as seeking further responses, Plaintiff does not argue that Defendants' responses are deficient. Rather, Plaintiff argues that Defendants, in their responses,...
2024.05.17 Motion to Compel Arbitration
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.17
Excerpt: ...l. file d in related case], ¶ 2.) In the Spring of 2021, Defendant Honarkar sought an infusion of capital into his real estate portfolio. (Id. at ¶ 4.) Plaintiff Makhijani and Defendant Honarkar, through their respective corporate entities, agreed to form a new bu siness venture whereby Plaintiff would contribute capital to three newly formed LLCs, while Defendant Honarkar would contribute his ownership interest in the various entities holding...
2024.05.17 Motion for Leave to Intervene
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.17
Excerpt: ...�� (Code Civ. Proc., § 387(d)(1)(A).) “Section 387, subdivision (d)(1)(A) provides for mandatory intervention … where ‘[a] provision of law confers an unconditional right to intervene,' wholly apart from the nature and character of the non -parties interest in the litigation or the issue of adequacy of representation.” (Accurso v. In- N-Out Burgers (2023) 94 Cal.App.5th 1128, 1136, fn. 9.) Section 708.430 of the Code of Civil Procedure s...
2024.05.17 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.17
Excerpt: ...§ 452(d); Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 658.) Greenhouse first contends that Woolard's claims here are barred based on the doctrines of res judicata and/or collateral estoppel. More specifically, Greenhouse argues that Woolard's claims are barred because of an order granting Greenhouse's summary judgment motion in Smith v. Eric Michael Woolard, Case No. 2020 -01174210 (the “Smith Action”). Courts ...
2024.05.17 Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.17
Excerpt: ...iracy). (Code Civ. Proc., § 430.10(e), (f).) 5th C/A (slander of title) – OVERRULED The fifth cause of action for slander of title alleges the following: While they were married, Plaintiff and Defendant ZENGJIAN CHEN (“Chen”) jointly owned certain real property in the City of Irvine as husband and wife. Defendant Ashanti N. Clark (“Clark”) is a notary in Texas. Defendant Worldwide Signings, Inc. (“WWS”) is a notary agency and Defe...
2024.05.10 Motion to Compel Arbitration and Stay Proceedings
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.10
Excerpt: ... the event of a disagreement between Owners and in order to break a tie vote, the issue or issues, at the request of any party, shall be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) before an ar bitrator selected from the panels of the arbitrators of the AAA. In the event of referral to arbitration, the Owner requesting arbitration shall remit the fee to initiate the ar...
2024.05.10 Motion for Discovery Sanctions
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.10
Excerpt: ...ated to the iss ue of sanctions: 1. “Opposition to the request for any sanction”, filed on 1/10/24; 2. “Motion Petition to waive the Sanction on 10/20/2023 due to Medical Condition”, filed on 1/26/24; and 3. “Motion: Withdrawal of Motion – Petition to Waive Sanction du e to Medical Condition”, filed on 5/8/24 (which refers to a hearing date of 5/10/24). There is no motion/petition to waive sanctions properly calendared for hearin...
2024.05.10 Motion for Continuance of Trial, to Compel Responses
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.10
Excerpt: ...he court previously granted a lengthy trial continuance of nearly seven months, continuing trial from 12/4/23 to 7/1/23. (See 7/14/23 Minute Order.) For that continuance, Plaintiff had requested a 12 - month continuance of trial, arguing that trial in a related civi l action was continued and Plaintiff needs a continuance “so that Plaintiff will be afforded a reasonable time period to conduct discovery in this action after the completion of dis...
2024.05.10 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.10
Excerpt: ...dant argues that there is no separate cause of action for negligence per se and that the negligence per se portion should be sustained without leave to amend. “‘Ordinarily, a general demurrer does not lie as to a portion of a cause of action, and if any part of a cau se of action is properly pleaded, the demurrer will be overruled.' [Citation.]” (Elder v. Pacific Bell Telephone Co. (2012) 205 Cal.App.4th 841, 856, n.14.) Defendant generall...
2024.05.10 Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.10
Excerpt: ...OS GUZMAN to leav e the Taft Elementary School campus in his vehicle. (FAC, ¶¶ 3, 26.) As a result, Guzman drove erratically and unlawfully in a school zone and struck Plaintiffs with his vehicle. (FAC, ¶¶ 8, 26) To prevail in a negligence action, a plaintiff must show the defendant owed a legal duty to him or her, the defendant breached that duty, and the breach proximately caused injury to the plaintiff. (Wiener v. Southcoast Childcare Cent...
2024.04.26 Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.26
Excerpt: ...WIEC (hereinafte r, collectively “Plaintiffs”). To the extent Plaintiffs can properly amend the IIED claim, the court GRANTS twenty (20) days leave to amend. The fourth cause of action for intentional infliction of emotional distress (IIED) alleges the following: Pursu ant to a written lease agreement, Plaintiffs moved into certain property in Irvine beginning in or about July of 2012. Beginning in or about November of 2018 through December ...

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