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2023.07.27 Demurrers, Motion to Strike 212
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.07.27
Excerpt: ...�� Breach of Contract, and 4th COA – Enforcement of Equitable Servitude "Facts alleging a breach, like all essential elements of a breach of contract cause of action, must be pleaded with specificity." Levy v. State Farm Mutual Automobile Ins. Co. (2007) 150 Cal.App.4th 1, 5. Civil Code Section 5975 states: “(a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to...
2023.07.20 Motion for Summary Judgment, Adjudication 802
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.07.20
Excerpt: ...such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between negligent conduct and resulting injury; and (4) actual loss or damage resulting from professional's negligence. (Avivi v. Centro Medico Urgente Med. Ctr. (2008) 159 Cal.App.4th 463.) In a medical malpractice action, when a defendant moves for summary judgment and supports his mo...
2023.07.20 Motion for Summary Judgment, Adjudication 180
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.07.20
Excerpt: ...1): “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 defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as spe...
2023.07.06 Motion for Terminating Sanctions 632
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.07.06
Excerpt: ...ince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination. ‘Discovery sanctions “should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery.” ' [Citation.] If a lesser sanction fails to curb misuse, a greater sanction is warranted: continuing misuses of the discov...
2023.07.06 Motion for Summary Judgment, Adjudication 684
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.07.06
Excerpt: ...re is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance...
2023.07.06 Motion for Summary Judgment, Adjudication 681
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.07.06
Excerpt: ...n Dialysis, LLC dba Anaheim Springs Dialysis moves for summary judgment/adjudication on the causes of action for (1) Survival Action/Negligence—Premise Liability; (2) Wrongful Death/Negligence—Premise Liability; (3) Survival Action/Negligence; (4) Wrongful Death Negligence. All of the causes of action are based on a premises/liability theory. Therefore, they can be analyzed together. General Authority Code of Civil Procedure section 437c, sub...
2023.07.06 Demurrer 856
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.07.06
Excerpt: ...ed, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.�...
2023.07.06 Demurrer 052
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.07.06
Excerpt: ...30.10(f); Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) Here, the Complaint names Katherine Stride and her minor son, J.S., as Plaintiffs. The Complaint does not specify which individual plaintiff (Stride or her son) is bringing each cause of action, nor does it identify which causes of action apply to each Defendant (RSC, Moore, or Butts). The Complaint therefore fails to inform each Defendant of the allegations that are bein...
2023.06.29 Motion to Compel Further Responses 414
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.29
Excerpt: ... or an answer is evasive or incomplete. (Code Civ. Proc., § 2030.300, subd. (a)(1)-(3).) The moving party must also include reasons why further answers should be ordered: legal or factual arguments why the answers given were incomplete or nonresponsive, or the objections invalid. (Cal. Rules of Court, rule 3.1345(c).) The responding party has the burden to justify objections in response to a motion filed to compel further responses. (Fairmont In...
2023.06.29 Motion for Reconsideration, for Summary Judgment, Adjudication 140
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.29
Excerpt: ...ny material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) “A defendant moving for summary judgment meets his burden of showing that there is no merit to a cause of action if that party has shown that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. [Citation.] If the defendant does so, the burden shifts ba...
2023.06.29 Motion for Leave to File Amended Complaint 751
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.29
Excerpt: ...ears later. Code of Civil Procedure section 377.31 states, “On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.” Code of Civil Procedure section 377.11 provides, “For the purposes of this chapter, “decedent's successor in interest�...
2023.06.22 Motion for Change of Venue 766
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.22
Excerpt: ...eply, no later than 5 court days prior to the continued hearing date. Pursuant to Code of Civil Procedure section 396b, subdivision (a), “if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof…the action may notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, ...
2023.06.22 Motion to Compel Further Responses 792
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.22
Excerpt: ...because the objected statements/exhibits are immaterial to the merits of the motion. Interrogatories Nos. 2-9 and 12-18 – The interrogatories request information related to Defendant's annual income and sources of income, including the amount of spousal support and rental income. Defendant objected to the Interrogatories on the ground that such financial information is confidential and protected by the right to privacy. The right of privacy is ...
2023.06.15 Motion to Strike 940
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.15
Excerpt: ... Plaintiffs and, at most, the allegations demonstrate negligence. (Motion: 7: 11-16.) Defendants analogize to the circumstances in McDonnell v. American Trust Co. (1955) 130 Cal.App.2d 296. The plaintiffs in McDonnel “sought damages allegedly caused by water entering their store because of defects in the roof and roof drains…” (Id. at 297.) The complaint alleged Defendants knew of the defective conditions and knew “that said defective con...
2023.06.15 Motion to Compel Arbitration 137
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.15
Excerpt: ...ermines that an agreement to arbitrate the controversy exists,” except under certain situations outlined by statute. (Code Civ. Proc. § 1281.2.) “There is a public policy in favor of arbitration under federal and state law.” (McManus v. CIBC World Markets Corp. (2003) 109 Cal.App.4th 76, 85.) “Doubts as to whether an arbitration clause applies to a particular dispute are to be resolved in favor of sending the parties to arbitration.” (...
2023.06.15 Motion for Summary Judgment, Adjudication 532
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.15
Excerpt: ...aration of Esthefany Escobar (ROA 400), are SUSTAINED. “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(a)(1).) “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 ...
2023.06.15 Demurrer 985
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.15
Excerpt: ...ly derived benefit from the use of said loaned monies. (FAC, ¶ 9.) Plaintiff and Defendant “entered into a verbal loan agreement evidenced by a promissory note.” (FAC, ¶ 12.) The FAC pleads causes of action for (1) breach of oral contract, (2) open book account, (3) money lent and received (indebitus assumpsit), and (4) unjust enrichment. “The elements of a breach of oral contract claim are the same as those for a breach of written contra...
2023.06.15 Application for Issuance of Writ of Possession 904
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.15
Excerpt: ...n is brought. [¶] (b) The application shall be executed under oath and shall include all of the following: [¶] (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. [¶] (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the...
2023.06.08 Motion to Compel Further Responses, Production of Docs 427
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.08
Excerpt: ...f the propounding party deems that an objection is without merit or too general or an answer is evasive or incomplete. (Code Civ. Proc., § 2030.300, subd. (a)(1)-(3).) The moving party must also include reasons why further answers should be ordered: legal or factual arguments why the answers given were incomplete or nonresponsive, or the objections invalid. (Cal. Rules of Court, rule 3.1345(c).) The responding party has the burden to justify obj...
2023.06.08 Motion to Compel Deposition, to Deem Facts Admitted 364
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.08
Excerpt: ...cords. (Chen Decl., Ex. B.) Wicker is a key witness in this case, as he is the insured of Plaintiff Truck Insurance Exchange relating to the incident underlying this litigation. (Chen Decl., ¶ 5.) Wicker nor his counsel have responded to the deposition subpoena or contacted counsel for Amazon to request an extension. (Chen Decl., ¶ 4.) “Any party may obtain discovery…by taking in California the oral deposition of any person, including any p...
2023.06.08 Motion to Compel Deposition 704
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.08
Excerpt: ...ce of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, th...
2023.06.08 Motion for Judgment on Undertaking 595
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.08
Excerpt: ...e court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney's fees” means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract. (b) The motion shall be made on the grounds that the plaintiff resides out of t...
2023.06.01 Motion to Strike or Tax Costs 681
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.01
Excerpt: ... finds that plaintiff's claims were frivolous, unreasonable, objectively without foundation, or brought in bad faith, or the plaintiff continued to litigate after it clearly became so. (Govt. Code S Williams v. Chino Valley Independent Fire District (2015) 61 cal.4th 97, gg-100•, Roman v. BRE Properties, Inc. (2015) 237 CA4th 1040, 1057.) This is because exposure to potential costs/fees could discourage individuals to pursue otherwise meritorio...
2023.06.01 Motion to Seal Application to Continue Anti-SLAPP Motion Hearing 871
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.01
Excerpt: ...his matter taken off calendar. Each Defendant may file a single consolidated motion to seal with a supporting declaration attached." Motion No. 2 Defendant Merrick Bank Corporation's (Merrick) Motion to Strike Plaintiff eGumball, Inc.'s (eGumball) Complaint Pursuant to Code of Civil Procedure section 425.16 is DENIED. Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: "[W]e may summarize a court's task in ruling on an an...
2023.06.01 Motion to Compel Response to RFAs 427
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.06.01
Excerpt: ...llowing to be true: "(1) an answer to a particular request is evasive or incomplete, (2) an objection to a particular request is without merit or too general." (Code Civ. Proc., S Merits Plaintiff contends that Defendant should be ordered to serve a supplemental response to Requests for Admission, Set One, numbers 2, 17, 18 and 20 because Defendant's responses are not compliant with the Code of Civil Procedure. On 5-8-23, Defendant served a suppl...

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