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2024.06.13 Motion to Strike 728
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.06.13

Excerpt: ... damages in in an amount properly calculated to punish said Defendant for their despicable conduct and conscious disregard for the safety of others, and to deter any such despicable conduct and conscious disregard for the safety of others in the future;” Pursuant to Code of Civil Procedure section 436, a court may, upon a motion made pursuant to section 435 or at any time in its discretion, strike out “any irrelevant, false, or improper matte...

2024.06.13 Motion to Strike 728
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.06.13

2024.06.13 Motion for Summary Judgment 928
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.06.13

Excerpt: ...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 with the applicable standard of proof.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, ...

2024.06.06 Motion to Compel Answers, to Deem Facts Admitted 308
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.06.06

Excerpt: ...erve a timel y response, the following rules apply: (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privil ege or on the protection for work product under Chapter 4 (commencing with Section 2018.010) . . . [¶] (b) The party propounding the interrogatories may move for an order compelli...

2024.06.06 Motion to Compel Answers 723
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.06.06

Excerpt: ...o inter rogatories if the response is evasive or incomplete. Here, Vizio moves to compel Plaintiff Software Freedom Conservancy, Inc. (Plaintiff) to provide a further response to form interrogatory (FROG) 17.1 (identify facts, witnesses, and documents regarding each request for admission [RFA] that is not an unqualiﬁed admission) regarding RFA 16, which states: “Admit that VIZIO's SOURCE CODE CANDIDATE produced and marked as VIZIO_OCSC_000149...

2024.06.06 Motion for Leave to Amend, to File Cross Complaint 838
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.06.06

Excerpt: ... amend can be ju stiﬁed”. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422.) “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action…it is not only error but abuse of discretion ”. (Morgan v. Superior Court (195...

2024.05.30 Motion to Compel Arbitration 889
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30

Excerpt: ...f arbitra tion and any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration. This strong policy has resulted in the general rule that arbitration should be upheld unless it can be said with assurance that an arbitration clause is not susceptible to an interpretation covering the asserted dispute. The party opposing arbitration has the burden of demonstrating that an arbitration clause cannot be interpreted to requi...

2024.05.30 Motion for Terminating Sanctions 792
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30

Excerpt: ...e chapter governing any particular discovery method or any other provision of this title.' This means that the statutes governing the particular discovery methods limit the permissible sanctions to those sanctions provided under the applicable governing statutes.” (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1422 [cleaned -up].) The statutes governing each discovery method authorize particular types of sanctions in parti...

2024.05.30 Motion for Summary Judgment, Adjudication 732
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30

Excerpt: ...aintiff's cau se of action” or “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence ….” (Aguilar v. Atlantic Richﬁeld Co. (2001) 25 Cal.4th 826, 854.) The elements of the cause of action for wrongful death are the tort (negligence or oth er wrongful act), the resulting death, and the damages, consisting of the pecuniary loss suffered by the heirs.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) �...

2024.05.30 Motion for Summary Judgment, Adjudication 180
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30

Excerpt: ...as those for ne gligence. (Citation.)” (Jones v. Awad (2019) 39 Cal.App.5th 1200, 1207.) The plaintiff must prove “a legal duty to use due care, a breach of such legal duty, and the breach as the proximate or legal cause of the resulting injury.” (Ibid, citations omitted. ) To establish a claim for dangerous condition on public property, a plaintiff must prove all of the following elements: 1. That defendant owned or controlled the property...

2024.05.30 Motion for Determination of Good Faith Settlement 026
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30

Excerpt: ...e r joint tortfeasors from any further claims against the settling tortfeasor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (Id., § 877.6, subd. (c).) “To determine whether a settlement is in good faith, a trial court must inquire ‘whether the amount of the settlement is within the reasonable range of the settling tortfeasor's proportional share of compa...

2024.05.23 Motion for Determination of Good Faith Settlement 599
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.23

Excerpt: ...ntered into b y the plaintiff or other claimant and one or more alleged tortfeasors or co -obligors. . .” A determination by the court that the settlement was made in good faith will bar any other joint tortfeasor or co -obligor from any further claims against the settlin g tortfeasor or co-obligor for equitable comparative contribution or partial or comparative indemnity based on comparative negligence or comparative fault. (Code Civ. Proc., �...

2024.05.23 Motion for Judgment on the Pleadings 522
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.23

Excerpt: ...sition wil l not be considered by the Court. Defendant seeks judgment on the pleadings with respect to the second, fourth, ﬁfth, sixth, and seventh causes of action. On May 15, 2024, Defendant dismissed the fourth cause of action for retaliation. “The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters th...

2024.05.23 Motion for Summary Judgment, Adjudication 387
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.23

Excerpt: ...edical malpractice on the grounds that the entire action is time -barred pursuant to Code of Civil Procedure section 340.5. “The party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to j udgment 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...

2024.05.16 Motion to Quash Subpoena 301
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16

Excerpt: ... by t he Court as grounds for denial. Non -party Bradley Yourist seeks to quash the subpoena which was personally served on him by Plaintiff Usman Chowdry while he was at court. Yourist contends the subpoena impermissible seeks the personal ﬁnancial records o f Defendants Phase 9 and Tissera from two unrelated civil litigation matters in which Yourist was counsel for the plaintiffs. Code of Civil Procedure section 1987.1 states, in part, “(a)...

2024.05.16 Motion for Summary Judgment, Adjudication 940
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16

Excerpt: ...on withi n 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 t o an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as speciﬁed in Section 3294 of the Civil Code, or that one or more defendants eithe...

2024.05.16 Demurrers, Motion to Strike 429
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16

Excerpt: ... in light of the Court's ruling on the demurrer. Defendants request judicial notice nos. 1 -4 are granted. (See Evidence Code § 451(d).) Defendants' request for judicial notice no. 5 is denied. “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine “whether the complaint alleges facts sufficient to state a cause of action or...

2024.05.16 Demurrer, Motion to Strike 524
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16

Excerpt: ...l grounds not supported. CRC 3.1113(a). The Entire Complaint Defendant argues an unveriﬁed complaint cannot amend a veriﬁed complaint. The case cited is from 1884 and is not persuasive authority. Defendant has not cited any modern California cases that supp orts this position. Therefore, the Court declines to strike the SAC on this ground. The Fifth and Sixth Causes of Action The ﬁfth and sixth causes of action for covenant of good faith an...

2024.05.16 Demurrer, Motion to Strike 309
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16

Excerpt: ...t to allege a ca use of action. Statute of Limitations: Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. The FAC alleges that Plaintiffs purchased the Subject Vehicle on May 16, 2012. (FAC, ¶ 7.) The lawsuit wa s ﬁled on February 22, 2023, over seven and a half years after the statute of limitations had run. “A plaintiff must bring a claim within the limitations period after accrual...

2024.05.16 Demurrer 746
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16

Excerpt: ...rmance, (3) th e defendant's breach, and (4) resulting damages to the plaintiff. [Citations.]” (Maxwell v. Dolezal (2014) 231 Cal.App.4th 93, 97- 98.) “An oral contract may be pleaded generally as to its effect, because it is rarely possible to allege the exact words.” (K houry v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) The Complaint fails to adequately plead an oral. Speciﬁcally, the Complaint inconsistently p...

2024.05.16 Demurrer 639
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16

Excerpt: ...(2014) 230 Cal.Ap p.4th 381, 395.) “[F]iduciary duties are either imposed by law or are undertaken by agreement. . .” (Maglica v. Maglica (1998) 66 Cal.App.4th 442, 447.) “Fiduciary duties are imposed by law in certain technical, legal relationships such as those between partners or joint venturers, husbands and wives, guardians and wards, trustees and beneﬁciaries, principals and agents, and attorneys and clients.” (GAB Bus. Servs., In...

2024.05.09 Motion to Reinstate Case and Lift Stay 200
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.09

Excerpt: ... the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbi tration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.” Se...

2024.05.09 Motion for Sanctions 558
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.09

Excerpt: ...to provide dis covery. (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evide nce sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discr...

2024.05.09 Motion for Attorney Fees 532
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.09

Excerpt: ...tar ﬁgure may then be adjusted, based on consideration of factors speciﬁc to the case, in order to ﬁx the fee at the fair market value for the legal services provided.” (Id.) “As the plain wording of section 1794, subdivision (d) makes clear, the trial court is ‘to base th e fee award upon actual time expended on the case, as long as such fees are reasonably incurred —both from the standpoint of time spent and the amount charged.' [...

2024.05.03 Motion for Attorney Fees 344
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.03

Excerpt: ...t particular gro und, the matter is properly before the court and the defect in the notice of motion should be disregarded. [Citation].” (Carrasco v. Craft (1985) 164 Cal.App.3d 796, 808.) Here the notice states the Motion is being made upon the accompanying papers. Thus, the defect in the notice is disregarded. Attorneys' Fees “[T]he fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reason...

2024.05.03 Motion for Sanctions 558
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.03

2024.05.03 Motion to Set Aside, Vacate Default 786
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.03

Excerpt: ...sition of th is Motion. Defendant's Evidentiary Objections to the Declaration of Michael Clauss are OVERRULED. Relief from Default and Default Judgment: Default was entered against Defendant on October 23, 2023 (ROA No. 147). Defendant requests both mandatory and d iscretionary relief under Code of Civil Procedure Section 473, subdivision (b). As to mandatory relief, section 473, subdivision (b) provides: “Notwithstanding any other requirements...

2024.04.25 Motion to Augment Expert Designation 419
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ...t p. 5:16- 18.) However, Plaintiff has not shown that she ﬁled the instant motion in sufficient time in advance of the time limit for the completion of discovery (the 15th day before the initial trial date) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. (See Code Civ. Proc., §§ 2034.610(b); 2024.030.) Trial in this case has been continued several times. Trial was initially set for 4/10/23...

2024.04.25 Motion for Summary Judgment, Adjudication 272
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ...at there i s 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 ac...

2024.04.25 Motion for Attorney Fees, to Strike or Tax Costs 513
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ...ht $2,451.64 arising from Defendants' failure to pay the HOA assessments plus related fees and costs of suit. On 11/18/20, the parties entered into a stipulated judgment against Defendants in the amount of $5,791.74 with fees/costs to be determined. The Court awar ded $13,500 in attorney fees on 2/11/21. On 4/22/21, the Court granted a motion to set aside the judgment. The Court denied Defendants' motion to disqualify counsel on 6/10/21. The Cour...

2024.04.25 Demurrer 985
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ...y to challenge defects that appear on the face of the pleadings under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) No extrinsic evidence can be considered. (Ion Equipment Corp. v. N elson (1980) 110 Cal.App.3d 868, 881.) Therefore, the Court did not consider facts regarding the PPM or the Evertrust Loan Agreement that appear outside the allegations of the FAC in ruling o...

2024.04.25 Demurrer 237
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ...overy pro cedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal. App. 3d 905, 908.) A party attacking a pleading on “uncertainty” grounds must specify how and why the pleading is uncertain, and where that uncertainty can be found in t...

2024.04.25 Demurrer 146
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ....” (Ladd v. Cou nty of San Mateo (1996) 12 Cal.4th 913, 917.) Plaintiff has sufficiently pled facts to constitute a cause of action for negligence. “[T]he Legislature did not require of regional centers anything like the hour -by -hour monitoring that would have been requir ed to prevent Bobby's tragic death. A regional center is required to establish a “schedule of regular periodic review and reevaluation to ascertain that planned serv...

2024.04.25 Motion to Compel Further Responses 066
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ...errogatories seek the date and address of other purchases or sales of residential real property Defendant has engaged in, either on their own behalf or on behalf of Yu Liu, from 2010 to present. Movants contends this information is relevant to show that Defendant was sophisticated in real estate transactions and that Defendant engaged in fraud and breached the subject purchase contract in this case. In opposition, Defendant contends Plaintiffs th...

2024.04.19 Motion to Compel Further Responses 059
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.19

Excerpt: ...nterroga tories 42-45, 58 -61, 74 -77, and 89, which generally seek (1) the contact information of three students who allegedly assaulted Plaintiff and (2) the names and contact information of “Students E -M,” who were thirdparty witnesses to the alleged incident(s). The Court grants the motion as to the ﬁrst category of information but denies the motion without prejudice as to the second category. Code of Civil Procedure section 2017.010 s...

2024.04.19 Motion for Summary Judgment, Adjudication 786
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.19

Excerpt: ...t all times men tioned, each of DEFENDANTS, except as otherwise alleged or contended, are and have been the partners, joint venturers, alter egos, and/or co -conspirators of each other.” (Compl. ¶ 12.) Further, Plaintiff alleged that “DEFENDANTS were “employers” within the meaning of Government Code section 12926(d) . . . .” (Compl. ¶ 8.) Although not initially raised in the MSA, Defendants now claim that Cedar Mountain and not Madiso...

2024.04.19 Motion to Exclude All Accounting Records 151
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.19

Excerpt: ...oanCare's Evidence should be OVERRULED. DMI moves on the grounds that during the Phase 1 of trial “LoanCare testiﬁed that it has no accounting records and for that reason, Judge Schwarm did not order LoanCare to account.” (Notice, 2:5 -7.) Speciﬁcally, during the Phase 1 of trial, DMI sought to compel an accounting against LoanCare based on its second cause of action for Accounting alleged in it Cross -Complaint ﬁled on 2 -25 -21. (Penn...

2024.04.19 Motion to Strike 216
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.19

Excerpt: ... the subject incident g iving rise to this complaint.” (FAC, EX-2 of Exemplary Damages Attachment.) Defendant was so impaired that he had “red/watery eyes, dilated pupils, slow lethargic speech, and difficulty concentrating” when being interviewed by the investigating Officer and failed the sobriety test. (Id.) “Defendant Topps knew from the onset that he must and would subsequently operate or control his vehicle on the public roads and t...

2024.04.11 Motion to Compel Deposition 354
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.11

Excerpt: ...e of C ivil Procedure section 2025.290 provides that depositions in civil cases are generally limited to seven hours of testimony. However, a party is only entitled to ask questions at deposition which are “reasonably calculated to lead to the discovery of admiss ible evidence.” (Code Civ. Proc. § 2017.010.) At this time, Defendant has not shown it is necessary for the Court to enter an order preemptively limiting Defendant's deposition. How...

2024.04.11 Motion to Compel Answers 904
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.11

Excerpt: ...First Set of Form Interrogatories, is GRANTED. Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are dire cted waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the p...

2024.04.11 Motion for Summary Judgment, Adjudication 669
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.11

Excerpt: ...stems, f/k/a T riumph Structures – Los Angeles, Inc., a California corporation and Triumph Group, Inc. “The party moving for summary judgment bears the burden of persuasion that there 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 ...

2024.04.11 Motion for Discovery Protective Orders 492
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.11

Excerpt: ... Protectiv e Order as to Requests for Production are DENIED. Interrogatories and Requests for Admission Plaintiffs have not established their burden of justifying their additional discovery. A propounding party may justify propounding additional special interrogatori es or requests for admissions based on the complexity or quantity of issues within the case. (CCP §§ 2030.040(a)(1) and 2033.040(a).) Here, Plaintiffs only offered justiﬁcations ...

2024.03.21 Motion to Compel Physical, Mental Exam 012
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.21

Excerpt: ...ve of court. Sections 2032.310 and 2032.3 20 provide for additional physical examination with leave of court if good cause is shown. (See Shapira v. Superior Court (1990) 224 Cal.App.3d 1249 -1256.) Defendant has demonstrated there is good cause to allow additional examinations. Plaintiff listed 72 injuries in response to Form Interrogatory 6.2 and stated he consulted with 15 different providers in response to Form Interrogatory 6.4, including a ...

2024.03.14 Petition for Writ of Mandate 010
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.14

Excerpt: ...s required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the infe rior tribunal, corporation, board or officer…” (Code Civ. Proc., §1094.5, subd. (a).) “The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; an d whether there was any prejudicial abuse of discretion.” (C...

2024.03.14 Motion to Strike or Tax Costs 532
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.14

Excerpt: ...urt to recover as part of the judgment a sum equal to the aggreg ate amount of costs and expenses . . . determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code § 1794(d).) “If the items appearing in a cost bill appear to be pro per charges, the burden is on the party seeking to tax costs to show that were not reasonable or necessary. On the other ha...

2024.03.14 Motion for Terminating Sanctions 014
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.14

Excerpt: ...amily Trust failed to pay sanctions as ordered by this Court on 10- 19-23. Thus, Defendants violated the 10- 19-23 and 11 -16- 23 orders. Therefore, Defendants' conduct is sanctionable. Nonmonetary Sanctions Defendants' conduct does not warrant terminating sanctions. Terminating sanctions are appropriate wh en the “violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce complianc...

2024.03.14 Motion for Attorney Fees 931
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.14

Excerpt: ... which was opposed by defendant Philippe G. Delbar, as noticed on Febr uary 22, 2024. At that time, it held that plaintiff is entitled to recover its reasonable attorneys' fees under Civ. Code § 5975 but that fees and costs would only be awarded up to the time of the initial entry of default judgment on the complaint on Marc h 1, 2002 and on the instant fees motion. The Court therefore continued the hearing on the motion to March 14, 2024, and o...

2024.03.07 Demurrer, Motion to Strike 363
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.07

Excerpt: ...h 230, 251 -252, citing Bus. & Prof. Code, §17200.) “B ecause…section 17200 is written in the disjunctive, it establishes three varieties of unfair competition – acts or practices which are unlawful, or unfair, or fraudulent.” (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 252.) Relevant herei n, “[b]y proscribing ‘any unlawful' business practice, ‘section 17200 ‘borrows' violations of other laws and treats them a...

2024.03.07 Demurrer 212
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.07

Excerpt: ...complaint controverted by the defendant. (2) A statement of any new matter constituting a defense.” (Code of Civil Procedure Section 431.30(b).) The answer must aver facts “as carefully and with as much detail as the facts which constitute the cause of action and which are alleged in the complaint.” (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App. 3d 367, 384.) An exception to this rule is the statute of limitations under Code of Civ...

2024.03.07 Motion to Compel Further Responses 059
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.07

Excerpt: ...f Documents No. 7. Generally, Plaintiff moves to compel Defendant District to provide the following information and documents: (1) contact information of three students who allegedly assaulted Plaintiff; (3) names and contact information of “Students E -M,” who were third party witnesses to the alleged incident(s); and (3 ) Documents reﬂecting witness statements of third parties regarding the incident(s). Defendant objects and refuses to pr...

2024.03.07 Motion for Summary Judgment, Adjudication 039
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.07

Excerpt: ... persuasion that there 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...

2024.02.29 Motion to Tax Costs 079
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.29

Excerpt: ...der Code of Civil Procedure section 1032. However, Defendants also seek to recover expert witness fees under Code of Civil Procedure section 998. Plaintiff contends Defendants' Code of Civil Procedure section 998 offers were unreasonable. Defendants served a 998 offer of $5,000 on 9/28/20 and a s econd 998 offer of $25,000 on 12/6/21. The second offer was served after Defendants' expert Dr. Kiester conducted an examination of Plaintiff and prepar...

2024.02.29 Motion for Terminating Sanctions 234
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.29

Excerpt: ...discovery and disobeying a court order are misuses of the discovery process. (C CP § 2023.010(d) and (g).) Here, Plaintiff failed to provide further responses, produce the component parts, and pay the sanctions within 30 days as ordered by this Court. Plaintiff argues that it has since complied with the 11 -9 -23 order, however, the dec laration does not contest that Plaintiff failed to comply within the 30 days required by the order. Thus, Plai...

2024.02.29 Demurrer 795
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.29

Excerpt: ... the doctrine of issue preclusion, and failure to state suff icient facts. Statute of Limitations A demurrer on limitations grounds will not lie where the action may be, but is not necessarily barred: it must appear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily b arred. (Lee v. Hanley (2015) 61 Cal.4th 1225, 1232). Under California law, the statute of limitations for a fraud claim is three year...

2024.02.23 Motion for Bifurcation 305
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.23

Excerpt: ...or [¶] (2) They have a claim, right, or interest adverse to the defendant in the property or controversy which is the subject of the action.” (Code Civ. Proc., § 378, subd. (a), emphasis added.) “It is not necessary that each plaintiff be interested as to every cause of action or as to all re lief prayed for. Judgment may be given for one or more of the plaintiffs according to their respective right to relief.” (Id., § 378, subd. (b).) S...

2024.02.23 Motion for Attorney Fees, to Strike or Tax Costs 931
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.23

Excerpt: ...ss unreasonable, and shall inure to the beneﬁt of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both. (b) A governing document other than the declaration may be enforced b y the association against an owner of a separate interest or by an owner of a separate interest against the association. ...

2024.02.23 Demurrer, Motion to Strike 088
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.23

Excerpt: ...m Pleading Defendants argue that Plaintiff should n ot be allowed to amend his pleadings because the facts alleged regarding the amount due is incorrect and any subsequent complaint will be a sham. Under the sham pleading doctrine, the trial court may disregard amendments that omit harmful allegations in the original complaint or add allegations inconsistent with it. (State of California ex rel. Metz v. CCC Information Services, Inc. (2007) 149 C...

2024.02.16 Motion for Summary Judgment, Adjudication 723
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.16

Excerpt: ...e not ruled upon are preserved for appeal. (Code Civ. Proc. § 437c(q).) As a threshold issue, Vizio argues this motion is moot and/or barred by judicial estoppel because the court previously found a triable issue of material fact exists as to whether Plaintiff is a third party beneﬁciary under the GPL license. (ROA 161.) The Court found that “the language of the GPLs is not so certain so as to preclude other interpretations.” (Ibid.) “Ju...

2024.02.16 Motion for Attorney Fees 891
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.16

Excerpt: ...2, 1131 (Ketchum).) The “prevailing defendant on a motion to stri ke be allowed to recover attorney fees and costs only on the motion to strike, not the entire suit.” (LaFayette Morehouse, Inc. v. The Chronicle Publishing Co. (1995) 39 Cal.App.4th 1379, 1383; S.B. Beach Properties v. Berti (2006) 39 Cal.4th 374, 381.) The award of fees may include “the fees incurred in enforcing the right to mandatory fees under Code of Civil Procedure sect...

2024.02.08 Demurrer 426
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.08

Excerpt: ... In the ﬁrst cause of action for breach of contract, pl aintiff alleges that, in May 2018, she was “offered employment as the clinical director of Crest Recovery dba Truvida Recovery for a salary and a 3% proﬁt -sharing interest, among other beneﬁts.” (TAC, ¶ 67.) Plaintiff alleges that she “signed an offer le tter agreement which was dated April 23, 2018 and a Bonus Compensation Addendum to her employment agreement of May 5, 2018, w...

2024.02.08 Motion to Dismiss 594
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.08

Excerpt: ...dant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly.” “‘The purpose of ... section 474 is to enable a plaintiff who is ignorant of the identity of the defendant to ﬁle his [or her] complaint before his [or he r] claim is barred by the statute of limitations.'” (Streicher v. Tommy's Electric Co. (1985) 164 Cal.App.3d 876, 882 (S...

2024.02.08 Motion to Compel Arbitration 182
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.08

Excerpt: ...hich applies to Plaintiff's claims against both Defendants. The RISC provides in pertinent part: “ARBITRATION PROVISION PLEASE REVIEW – IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATE D, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGA...

2024.02.01 Motion to Strike 504
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01

Excerpt: ...ncing evidence that the defendant has been guilty of oppression, fraud, or malice, the plainti¯, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” (Civ. Code §3294, subd. (a).) Civil Code section 3294, subdivision (c)(1) deÞnes “malice” as “conduct which is intended by the defendant to cause injury to the plainti¯ or despicable conduct which is carried on by the de...

2024.02.01 Motion to Strike 442
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01

Excerpt: ...1-01236442, which is a proceeding in probate court. Plainti¯ opposes the motion and objects to the certain of the documents for which judicial notice is requested, including a declaration that he Þled in this case in connection with an ex parte application for a TRO and OSC re: preliminary injunction. In that all documents were Þled in this action or the probate action, the Court takes judicial notice of them. To the extent that the notice of...

2024.02.01 Motion to Compel Arbitration 347
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01

Excerpt: ...action involving commerce.'” (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277 [quoting 9 USC § 2] [emphasis in original].) The arbitration provision contained in the Residence and Service Agreement (“RSA”) states that claims including claims for personal injury or wrongful death shall be resolved by binding arbitration “in accordance with the Federal Arbitration Act.” (Zaragova Decl., Ex. B, para. 19.) Plainti...

2024.02.01 Motion for Summary Judgment, Adjudication, Petition for Alternative Writ of Mandate 435
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01

Excerpt: ...), which provides that “summary adjudication shall be granted only if it completely disposes of a cause of action, an a¯irmative defense, a claim for damages, or an issue of duty.” (Emphasis added.)) The complaint (ROA 2) contains a single cause of action for medical negligence. It alleges that, on December 26, 2021 and thereafter, all Defendants, including the moving Defendant, undertook the care and treatment of the plainti¯ in connecti...

2024.02.01 Motion for Preference 226
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01

Excerpt: ...he following Þndings: [¶] (1) The party has a substantial interest in the action as a whole. [¶] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. . . . (f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motio...

2024.02.01 Demurrer, Motion for Sanctions, to Strike Complaint 524
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01

Excerpt: ... memorandum as waiver of all grounds not supported. CRC 3.1113(a). Based upon these grounds, the Court sustains the unopposed demurrer. Although the demurrer is unopposed, the Court Þnds that Plainti¯ should be given an opportunity to cure the defects in the operative complaint that were raised by Defendant in the demurrer. First Cause of Action – Negligence The statute of limitations for negligence, other than personal injury or property da...

2024.01.18 Demurrer 795
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.01.18

Excerpt: ...te of Limitations A demurrer on limitations grounds will not lie where the action may be, but is not necessarily barred: it must appear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily barred. (Lee v. Hanley (2015) 61 Cal.4th 1225, 1232). under California law, the statute of limitations for a fraud claim is three years. (Code Civ. Proc., S 338(d)). Plaintiff argues delayed discovery. The delayed d...

2024.01.18 Demurrer 449
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.01.18

Excerpt: ...ehicle" alleges Defendant Delgado-Garcia was operating a motor vehicle owned by Defendant Coronado with her permission and Defendants Davis and The Car Store entrusted the motor vehicle, while the 2nd cause of action for negligence alleges Plaintiff was driving a car owned by Defendant Car Store with Defendant Davis' permission and Defendant Delgado- Garcia was driving a vehicle owned by Defendant Coronado. Defendant Davis argues the complaint fa...

2024.01.18 Demurrer 296
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.01.18

Excerpt: ...ult on the part of the indemnitor and (2) resulting damages to the indemnitee for which the indemnitor is ... equitably responsible." ' [Citation.]" To qualify for declaratory relief, a party must show (1) a proper subject of declaratory relief, and (2) an actual controversy involving justiciable questions relating to the rights or obligations of a party. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 545.) Summit Financial Holdings, Ltd. v. Continen...

2024.01.18 Demurrer 856
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.01.18

Excerpt: ... either Government Code S 815.2 or 815.4. (Code Civ. Proc., S 430.10, subd. (e).) 2. Plaintiff failed to allege sufficient facts to state a statutory basis for a claim of breach of a mandatory duty for direct liability against the County under Government Code S 815.6. (Code Civ. Proc., S 430.10, subd. 3. Plaintiff failed to allege sufficient facts to state a claim against the County because Plaintiff did not comply with and does not allege compli...

2024.01.18 Motion for Sanctions 095
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.01.18

Excerpt: ...eserve evidence for another's use in pending or future litigation. While there is no tort cause of action for the intentional destruction of evidence after litigation has commenced, it is a misuse of the discovery process that is subject to a broad range of punishment, including monetary, issue, evidentiary, and terminating sanctions." (Willaims v. Russ (2008) 167 Cal.App.4th 1215, 1223.) CCP S 2023.030 provides as follows: Misuses of the discove...

2024.01.18 Motion to Consolidate 179
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.01.18

Excerpt: ...e Notice of this Motion in the Wrongful Death Case. On 12- 14-23, Defendants filed Notice of Motion in the wrongful Death Case, which includes a copy of the instant Motion. The Court finds that this complies with California Rules of Court, rule 3.350. Merits Consolidation is provided for by Code of Civil Procedure section 1048, which provides that when there are actions "involving a common question of law or fact are pending before the court, it ...

2024.01.18 Motion to Strike Complaint 465
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.01.18

Excerpt: ... entered into after mediating a prior lawsuit between them. Defendants contend that the action arises from activity "in furtherance of" their right to petition or free speech, which makes it subject to being stricken through an antSLAPP motion under section 425.16. They also contend that they are entitled to an award of attorneys' fees under subdivision (c) of section 425.16 for bringing a successful ant-SLAPP motion. Plaintiff opposes the moton....

2023.10.05 Motion to Stay Proceedings 272
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.10.05

Excerpt: ...ce forum selection clauses contained in a contract freely and voluntarily negotiated at arm's length unless enforcement would be unfair or unreasonable. Although the forum selection clause here is contained in an adhesion contract, that clause in an adhesion contract is enforceable even though the defendant did not actually read as long as the clause provided adequate notice to the defendant that he was agreeing to the jurisdiction cited in the c...

2023.10.05 Motion to Enforce Settlement 655
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.10.05

Excerpt: ...eeded to gain access through that entry point at the Hamilton Gate entrance to what we call Strip 2 of the Easement" (ld. at 23:4-7); 3. "The Hickey Gate on the south part of the 25 acre will be coded" (ld. at 23:12-14.); 4. There will be an easement granted to Mr. Thier that provides for "vehicular and pedestrian, as well as equestrian rights but only as equestrian rights as [tol Strip 1, and usage for the Strip 1 for equestrian purposes is limi...

2023.10.05 Motion to Compel Answers, to Deem RFAs Admitted 431
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.10.05

Excerpt: ...Motion to Compel Production 10) Motion to Compel Response to Requests for Admissions 11) Moton to Compel Response to Requests for Admissions 12) Motion to Compel Response to Requests for Admissions 13) Motion to Deem Facts Admitted Motion 1 Defendant Newrez, LLC F/K/A New Penn Financial, LLC, D/8/A Shellpoint Mortgage Servicing's (Defendant)'s Motion to Compel Further Responses to Interrogatories, filed 2-17-23 under ROA No. 279 is GRANTED in par...

2023.10.05 Motion to Compel Answers 558
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.10.05

Excerpt: ...rogatories, Sets One from Defendant FEC and General Form Interrogatories from Defendant David Limones. Preliminarily, the Court notes that each opposition to each motion before the Court today was filed and served 4 days late, on 9-25-23 instead of 9-21-23, when they were due. The Court will exercise its discretion to consider the merits of each opposition given that Plaintiff filed substantive replies to each opposition. 1. Merits Code of Civil ...

2023.10.05 Motion for Protective Order, for Leave to Amend Complaint 792
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.10.05

Excerpt: ...n counsel for each party, plaintiff Noel Duarte and defendant Lisa Rochelle Siegel-Foigelman shall only appear at depositons in the above-captioned action by remote video or audio conference, and not in person. 2. Absent written agreement between counsel for each party, plaintiff Noel Duarte and defendant Lisa Rochelle Siegel-Foigelman shall only appear at pre-trial court hearings in the above-captioned action by remote video or audio conference,...

2023.09.28 Motions to Compel Further Responses 904
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.28

Excerpt: ...ries 8) Motion to Compel Production Defendant and Cross Defendant Linda Votaw mcwes to compel Defendant, Cross-Defendant and Cross-complainant Aaron Brower to serve further verified responses, without objections, to: (1) Form Interrogatories, Set One, Interrogatory Nos. 2.3-2.4, 7.1-7.3, 8.2-8.8, 9.1-9.2, 12.1-12.7, 13.1-13.2, 14.1-14.2, 15.1, 17.1, and 50.1- 50.6; (2) Special Interrogatories, Set One, Interrogatory Nos. 27-44, 69-80, and 84-92; ...

2023.09.28 Motion to Set Aside or Vacate Nonmonetary Status 620
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.28

Excerpt: ...9241(a) prov-des: "In the event that a trustee under a deed of trust is named in an action or proceeding in which that deed of trust is the subject, and in the event that the trustee maintains a reasonable belief that it has been named in the action or proceeding solely in its capacity as trustee, and not arising out of any wrongful acts or omissions on its part in the performance of its duties as trustee, then, at any time, the trustee may file ...

2023.09.28 Motion for Determination of Good Faith Settlement 030
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.28

Excerpt: ...t related to this action be barred. Circle K Defendants' motion previously came on for hearing on 9-14- 23. The motion was continued to 9-28-23 to allow Defendants to respond to Circle K Defendants' settlement agreement submitted with their reply pursuant to Mediplex of California, Inc. v. Superior Court (1995) 34 Cal.App.4th 748, 754. Defendants filed their supplemental opposition on 9-21-23 and Circle K Defendants filed their supplemental reply...

2023.09.28 Joinder, Motion to Strike 603
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.28

Excerpt: ...ties Agency (2011) 198 Cal. App. 4th 611, 529.) No later than 10/13/23, Defendants shall file and serve a supplemental brief, not to exceed five pages, stating what issues remain to be decided via demurrer in light of the Court's ruling on their ant-SLAPP moton to strike. Plaintiff may file and serve a responsive supplemental brief, not to exceed five pages, regarding the demurrers no later than 10/18/23. Ant-SLAPP Motion to Strike The Anti- SLAP...

2023.09.21 Demurrer 221
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.21

Excerpt: ...gence Defendants argue that the first cause of achon is barred by the statute of limitations in Code of Civil Procedure section 340.5 for professional negligence. Plaintiff's Opposition concedes that the first cause of achon is barred by the statute of limitations. (Opposition, 2:19- 20.) Therefore, because Plaintiff concedes as to this cause of action, the demurrer to this cause of action is SUSTAINED. Because Defendants demur based on the statu...

2023.09.21 Motion to Compel Further Responses 115
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.21

Excerpt: ...to their motions. In future, counsel shall file any separate statement as a separate document for the Court's review. Code of Civil Procedure section 2030.300 states in part, "(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. (2) An exercise o...

2023.09.21 Motion for Change of Venue 368
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.21

Excerpt: ... "(a) Except as otherwise provided in Section 396a [not applicable here], if an action or 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, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answe...

2023.09.21 Motion to Enforce Settlement 655
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.21

2023.09.14 Motion to Compel Production 512
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.14

Excerpt: ...tion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion." "The Discovery Act requires that, prior to the initiation of a moton to compel, the moving party declare that he or she has made a reasonable and good faith attempt to obtain an informal resolution of each issue. This rule is designed to encourage the parties to work out their differences informally so as to avoid t...

2023.09.14 Motion to Compel Answers, to Deem RFAs Admitted 786
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.14

Excerpt: ....290 states, in part, "If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are directed waives any right to exercise the option to priNluce wr-tings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010) . ['ll ...

2023.09.14 Motion for Summary Judgment, Adjudication 414
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.14

Excerpt: ...Civil Procedure section 437c(f)(1) provides: "[al party may mcwe 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 achon 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...

2023.09.14 Motion for Determination of Good Faith Settlement 030
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.14

Excerpt: ...[alny party to an action in which it is alleged that two or more parties are joint tortfeasors...shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors..." The fundamental inquiry in a good faith hearing, pursuant to Code of Civil Procedure 5877.6, is whether the settling Defendant is paying the Plaintiff an amount that is so far below Defen...

2023.09.07 Motion to Enforce Settlement 655
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.07

2023.09.07 Motion for Protective Order 873
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.07

Excerpt: ...ovides in pertinent part: (b) The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: ... (4) That the inspection, copying, testing, or sampling be made only on specified terms and conditions. (5) That a trade...

2023.09.07 Demurrer, Motion to Strike 787
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.07

Excerpt: ...pute, however, this court must assume the truth not only of all facts properly pled, 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 ...

2023.09.07 Demurrer, Motion to Strike 088
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.07

Excerpt: ...for judicial notice pursuant to Evidence Code S 452(h). Defendants Rena Akhlaghi and Farideh Akhlaghi's Motion to Strike is DENIED as MOOT in light of the Court's ruling on the Demurrer. Demurrer Sham Pleading Defendant argues that Plaintiff should not be allowed to amend his pleadings because the facts alleged regarding the amount due is incorrect and any subsequent complaint will be a sham. under the sham pleading doctrine, the trial court may ...

2023.09.07 Demurrer 111
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.09.07

Excerpt: ...rtments, LLC's ("Plaintiff") First amended Complaint. First Cause of Action for Breach of Written Indemnity Agreement Defendant argues that the FAC'S first cause of action is insufficiently pled for the following reasons: (1) Plaintiff cannot plead consideration at the time the 8-28-02 letter was issued because Plaintiff did not have a viable claim for breach of contract at that time, as Plaintiff's predecessor believed that the Property had been...

2023.08.31 Motion to Compel Answers 431
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.08.31

Excerpt: ...sponses to Interrogatories, filed 2-17- 23 under ROA No. 279 is GRANTED in part and DENIED in part. Defendant moves for an order compelling Plaintiff Michael Pierce (Plaintiff) to provide further responses to Defendants' Form Interrogatories, Set One, numbers 2.7(d), 2.12, 6.1, 6.3, 6.4, 6.7, 7.2, 8.8, 9.1, 9.2, 11.2, 12.1, 14.1, 17.1, 50.1, 50.5 and Special Interrogatories, Set One, numbers 9, 12, 17, 19, 22-26, 33 and for an order imposing mone...

2023.08.31 Motion for Summary Judgment, Adjudication 338
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.08.31

Excerpt: ...mary judgment shall be granted where there is no triable issue of any 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...

2023.08.31 Motion for Attorney Fees 881
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2023.08.31

Excerpt: ...ual to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Plaintiffs accepted Defendant's third Section 998 Offer to Compromise in the amount of $41,499.03 on March 28, 2023. The Section 998 Offer states: “KA will pay Plaintiffs' attorney's fees, expenses a...

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