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2024.06.13 Motion to Tax Costs, for Attorney Fees 635
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.06.13
Excerpt: ...o tax Item 4 in its entirety, arguing that the depositions of herself and William Jordan were not Code Civ. Proc. § 1033.5(a)(1) states that filing, motion, and jury fees are allowable costs. Thus, the costs claimed in Item 1 are proper on their face. While Plaintiff c ites to authority stating that courts have the discretion to disallow filing fees as incurred unnecessarily, Perko's Enterprises, Inc. v. RRNS Enterprises, 4 Cal. App. 4th 238, 24...
2024.06.13 Motion to Set Aside, Vacate Default 897
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.06.13
Excerpt: ...]he court, may upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” “In determining whether an order is void for purposes of section 473, subdivision (d), courts distinguish between orders that are void on the face of the r...
2024.06.13 Motion to Quash Discovery Subpoena 118
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.06.13
Excerpt: .... (“ATLANTIC”); (2) Ca lifornia State University Long Beach (“CAL STATE LONG BEACH”); and (3) Long Beach City College (“LBC COLLEGE”). I. Subpoena Seeking Prior Employment Records Defendant served a Subpoena on ATLANTIC and seeks the following: “Any and all writings, documents, records and electronically stored information, including, but not limited to applications for employment, earnings records, payroll records, records of disab...
2024.06.13 Motion for Summary Judgment, Adjudication 780
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.06.13
Excerpt: ...nt satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. Code Civ. Proc. § 437c(p)(2). The scope of this burden is determined by the allegations of t he plaintiff's complaint. FPI Development v. Nakashima, 231 Cal. App. 3d 367, 381- 382 (1991) (pleadings serve as the outer measure of materiality in a summary judgment motion...
2024.06.13 Demurrer 587
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.06.13
Excerpt: ...mages to the plainti ff.” Oasis West Realty, LLC v. Goldman, 51 Cal. 4th 811, 821 (2011). “A cause of action for breach of implied contract has the same elements as does a cause of action for breach of contract, except that the promise is not expressed in words but is implied from the promisor's conduct.” Yari v. Producers Guild of Am., Inc., 161 Cal. App. 4th 172, 182 (2008). Here, the allegations do not sufficiently allege the existen...
2024.05.20 Motion to Compel Arbitration 374
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.20
Excerpt: ... action until arbitrati on is completed pursuant to Code of Civil Procedure section 1292.4. The Motion to Compel Arbitration and Stay Action is DENIED. “California statutes create a ‘summary proceeding' for resolving petitions or motions to compel arbitration. ‘The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of ...
2024.05.20 Motion for Summary Judgment, Adjudication 848
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.20
Excerpt: ...liability insurer State Farm paying $800.00 plus up to $3,000.00 for medical expenses, and State Farm proffered to Soto the agreedupon consideration. A release is an instrument by which the signing party (releasor) relinquishes claims or potential claims against on e or more persons (releasees) who might otherwise be subject to liability to him. The existence of a valid release is a complete defense to a tort action against the releasee. See, e.g...
2024.05.20 Motion for Summary Judgment, Adjudication 471
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.20
Excerpt: ...ty. Code Civ . Proc. § 437c(f)(1). For purposes of motions for summary judgment and summary adjudication, a plaintiff has met his or her burden of showing that there is no defense to a cause of action if he or she has proved each element of the cause of action entitli ng him or her to judgment on the cause of action. Code Civ. Proc. § 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable i...
2024.05.14 Demurrer, Motion to Strike 756
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.14
Excerpt: ...may consider Plaintiff's non-opposition as an abandonment of any opposition to the arguments raised by Defendants in the motion to strike. Herzberg v. County of Plumas, 133 Cal. App. 4th 1, 20 (2005). Accordingly, the motion to strike is GRANTED WITHOUT LEAVE TO AMEND in its entirety. II. Demurrer to Complaint Defendants additionally filed a demurrer to the complaint, attacking the first cause of action for disability discrimination, second cau...
2024.05.14 Demurrer 370
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.14
Excerpt: ...onship to another which induces justifiable reliance by the latter to his prejudice.' Actual reliance and causation of injury must be shown.'” Prakashpalan v. Engstrom, Lipscomb & Lack, 223 Cal. App. 4th 1105, 1131 (2014) (internal citations omitted). “[T]he elements of a repres entation and falsity, are absent from constructive fraud. The fraud consists of the breach of the fiduciary duty of disclosure of relevant matters arising from the ...
2024.05.13 Demurrer, Motion to Strike 133
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.13
Excerpt: ...rike shall meet and confer in person or by telephone with the party who filed the pleading being attacked to determine whether a resolution may be reached. Code Civ. Proc. §§ 430.41(a), 435.5(a). Here, counsel states he attempted to meet and confer with Plaintiff twice bef ore filing and Plaintiff did not respond. However, Plaintiff asserts in his own declaration that he attempted to call counsel twice to meet and confer and was informed that...
2024.05.06 Demurrer, Motion to Seal 282
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.06
Excerpt: ...l declaration concerning th e parties' meet and confer efforts pursuant to the Court's March 11, 2024 Order. The Court will address the merits. I. First Cause of Action for Breach of Fiduciary Duty The three elements of a cause of action for breach of fiduciary duty are the existenc e of a fiduciary relationship, breach of fiduciary duty, and damages. Oasis West Realty, LLC v. Goldman, 51 Cal. 4th 811, 820 (2011). The Complaint alleges that De...
2024.05.06 Motion to Compel Arbitration 634
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.06
Excerpt: ...an initial matter, the Court notes that Plaintiffs failed to timely file and serve their Opposition. As a result, the Court will not consider the merits of the Opposition in ruling on this Motion. A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. Code Civ. Proc., § 1281.2. “The trial court may resolve motions to compel arbitration in summary proceedings, in which...
2024.05.06 Motion for Sanctions 977
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.06
Excerpt: ...28.7. Therefore, this motion is effectively MOOT as a First Amended Complaint has been filed. Here, the Plaintiff filed its Complaint on April 17, 2023. On November 14, 2023, Defendant served the instant motion. Sale Decl., ¶ 4, Ex. 7. Notably, the original Complaint did inclu de causes of action for fraudulent concealment and fraudulent inducement. In compliance with the safe harbor provision, on December 21, 2023, Defendant filed this Motio...
2024.05.06 Motion to Compel Arbitration 836
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.06
Excerpt: ...rden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. In these summary proceedings, the trial co urt sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court's discretion, to reach...
2024.04.29 Motion to Set Aside, Vacate Default 367
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.29
Excerpt: ...�), JOSHUA SCHUETTE (“Schu ette”), and KARA GRANT LAW (“KGL”), move the Court for an order pursuant to California Code of Civil Procedure §§ 473, et seq., to set aside and vacate the October 26, 2023 Defaults taken against Defendants Grant, Schuette, and KATHLEEN GERMANE (“Germane”) and the September 19, 2023 Default taken against KGL. Motions are GRANTED. Sanctions against Attorney Jacobson in the amount of $500 to be paid within t...
2024.04.29 Motion to Quash 107
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.29
Excerpt: ...ts. A court ac quires personal jurisdiction over a nonresident defendant through either general or specific jurisdiction. The “defendant may be subject to the general jurisdiction of the forum if his or her contacts in the forum state are ‘substantial . . . continuous an d systematic.'” Vons Companies, Inc. v. Seabest Foods, Inc., 14 Cal. 4th 434, 445 (1996). To determine whether specific jurisdiction exists, courts consider the relations...
2024.04.22 Motion to Strike 799
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.22
Excerpt: ... be true. Blakemore v. Superior Court, 129 Cal. App. 4th 36, 53 (2005). “If facts appearing in the exhibits contradict those alleged, the facts in the exhibits take precedence.” Holland v. Morse Diesel Intern., Inc., 86 Cal. App. 4th 1443, 1447 (2001). Defendant argues that the challenged allegations must be stricken because they are inconsistent and/or contradictory to the terms of the Agreement attached to the Complaint, which do not eviden...
2024.04.22 Motion to Stay Action 054
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.22
Excerpt: ... Code of Civil Procedure § 410.30. Said section states: (a) When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in who le or in part on any conditions that may be just. (b) The provisions of Section 418.10 do not apply to a motion to stay or dismiss the action by a defendant who has made a gener...
2024.04.22 Demurrer, Motion to Strike 474
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.22
Excerpt: ...es to strike Plaintiff 's prayer for punitive damages. Defendant first argues that the fourth cause of action is barred by the applicable statute of limitations and Plaintiff is not entitled to the delayed discovery rule. Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. “A plaintiff must bring a claim within the limitations period after accrual of the cause of action.” Fox v. Ethico...
2024.04.22 Demurrer to FAC, Motion to Strike 944
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.22
Excerpt: ...rer is OVERRU LED as to the first and second causes of action and SUSTAINED with 15 days leave to amend as to the third through fifth causes of action. The Regents demur to all five causes of action alleged in Plaintiff's First Amended Complaint (“FAC”). I. First Cau se of Action for Violation of California Whistleblower Protection Act (Govt. Code §§ 8547, et seq.) As described in Levi v. Regents of University of California: The [Califor...
2024.04.15 Motion for Terminating Sanctions 984
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.15
Excerpt: ... a termi nating sanction against anyone engaging in conduct that is a misuse of the discovery process by an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process, an order staying further proceedings by that party until an order for discovery is obeyed, an order dismissing the action, or any part of that action, of that party, or an order rendering a judgment by default against tha...
2024.04.15 Demurrer to Amended Complaint 680
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.15
Excerpt: ... to amend. “To establish a prima facie case of harassment, [Plaintiff] must show that: (1) she is a member of a protected class; (2) she was subjected to unwelcome harassment; (3) the harassment was based on her protected status; (4) the harassment unreasonably interfered with her w ork performance by creating an intimidating, hostile, or offensive work environment; and (5) defendants are liable for the harassment.” Galvan v. Dameron Hospital...
2024.04.10 Motion for Judgment on the Pleadings 341
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.10
Excerpt: ...resulting from the breach, and damage to plaintiff. Ann M. v. Pacific Plaza Shopping Center, 6 Cal. 4th 666, 673 (1993) (disapproved on another ground in Reid v. Google, Inc., 50 Cal. 4th 512, 527 (2010), fn. 5). Pursuant to the Complaint, Plaintiffs own property in a c ommon interest development which is managed by the Northwood Villa Homeowners Association (the “HOA”). Compl. ¶¶ 1,4. The HOA contracted with Defendant to provide property ...
2024.04.10 Demurrer 339
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.10
Excerpt: ...n for tortious interference with contractual and business relations against Defendants Ralph Lauren and Swim USA, and sixth cause of action for conspiracy against Defendants Ralph Lauren and Swim USA. The Court rules as follows: The Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the fourth cause of action for fraudulent concealment. Pursuant to Civil Code section 1710(3) fraud by concealment is the “suppression of a fact, by one who is bound t...

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