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2023.10.02 Motion for Judgment on the Pleadings, to Strike 705
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.10.02
Excerpt: ... no duty to disclose. GM also moves to strike Plaintiff's claim for punitive damages on the ground that the fraudulent concealment cause of action fails and there is therefore no proper basis for such damages. l. Specificity "The elements of a claim for fraudulent concealment require a plaintiff to show that: '(1) the defendant ... concealed or suppressed a material fact; (2) the defendant [was] under a duty to disclose the fact to the plaintiff;...
2023.10.02 Motion for Judgment on the Pleadings 656
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.10.02
Excerpt: ...for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." Code Civ. S 438(d). Within this action, Plaintiff seeks to hold Defendants liable for a judgment issued against United National Exterminator, Inc., pursuant to alter ego liability. Comp„ 2-9 4, 11 and '1 13. "In general, two requirements for applying the alter ego doctrine are that (1) there is such...
2023.10.02 Motion for Discovery Protective Orders, for Sanctions, for Terminating Sanctions 635
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.10.02
Excerpt: ...sition of Janice M. Vinci not be taken pursuant to Code of Civil Procedure section 2025.420, as well as monetary sanctions against Defendant/cross-complainant Eric Dubin and his counsel in the amount of $2,652.50. The Motion to Quash is GRANTED. The Motion for Protective Order is GRANTED. A party may "move for an order staying the taking of the deposition and quashing the deposition notice." Cal. Code Civ. Proc. S 2025.410(c). "The taking of the ...
2023.09.25 Motion to Compel Answers 675
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.09.25
Excerpt: ...interrogatories or requests for production of documents were directed fails to serve a timely response, the propounding party may move for an order compelling responses, and for monetary sanctions. Code Civ. Proc. SS 2030.290(b); 2031.300(b). By operation of law, if a party fails to serve a timely response to interrogatories, all objections that could have been asserted are waived, including any right to exercise the option to produce writings un...
2023.09.25 Motion for Summary Judgment, Adjudication 089
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.09.25
Excerpt: ...d Co., 25 Cal. 4th 826, 849-850 (20431). A Plaintiff has met his or her burden of showing there is no defense to a cause of action if that party has proved each element of the cause of achon entitling the party to judgment on that cause of action. Cal. Code Civ. Proc. S 437c(p)(1). Once the Plaintiff has met that burden, the burden shifts to the Defendant to show that a triable issue of one or more material facts exists as to that cause of action...
2023.09.25 Motion for New Trial and Modification of Judgment 370
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.09.25
Excerpt: ... against Little Onion, Inc. and Little Onion, LLC . ." See ROA 47. Presumably, since Judge Oberholzer awarded damages in an amount less than what was sought by Plaintiff, Plaintiff now wishes to revisit Judge Oberholzer's order based on two things: (1) Plaintiff "suspects" an irregularity in the proceedings; and (2) that Judge Oberholzer "failed to provide any just cause" for reducing damages. See Motion at 3. Preliminarily, although a motion for...
2023.09.25 Demurrer, Motion for Bifurcation 647
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.09.25
Excerpt: ..."Top Surgical"), and Old Newport Group, LLC ("Old Newport") (collectively, "Defendants") filed Demurrer to the second cause of action for promissory fraud against Dr. Rowshan and Newport Care and fourth cause of action for breach of contract against Dr. Rowshan. First, Defendant's request for judicial notice is DENIED. Exhibits A-C are reasonably disputable. Fremont Indemnity Co. v. Fremont General Corp., 148 Cal. App. 4th 97, 113-115 (2007) and ...
2023.09.25 Demurrer 873
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.09.25
Excerpt: ...g abandoned the claims. See Herzberg v. County of Plumas, 133 Cal. App. 4th 1, 20 (2005) ("Plaintiffs did not oppose the County s demurrer to this portion of their seventh cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue"). In addition, is axiomatic the failure to challenge a contention in a brief results in the concession of that argument. DuPont Me...
2023.09.18 Motion to Compel Arbitration 167
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.09.18
Excerpt: ...any. l. The Motion is DENIED as to Defendant Ted Jones Ford, Inc. dba Ken Grody Ford First, the Court recognizes that Ted Jones Ford, Inc. dba Ken Grody Ford is a party to the Retail Installment Sale Contract and the Arbitration Provision contained therein. However, consistent with the holdings in Ford Motor Warranty Cases, Montemayor, and Kielar, the Retail Installment Sale Contract is not the source of the statutory causes of achon at issue in ...
2023.09.18 Motion for Summary Judgment, Adjudication 025
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.09.18
Excerpt: ...ion. Cal. Code Civ. Proc. S 437c(p)(2). The scope of this burden is determined by the allegations of the 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). Once a defendant meets its prima facie showing, the burden shifts to the plaintiff to show by reference to specific facts the existence of a triable issue as to that affir...
2023.09.11 Demurrer 327
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.09.11
Excerpt: ... claims and damages to raise a response or defense. Code Civ. Proc. S 430.10(f). A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond—i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. Khoury v. Maly's of Calif. , Inc., 14 Cal. App. 4th 612, 616 (1993); A.J. Fistes Corp. v. GDL Best Contr...
2023.09.11 Motion for Attorney Fees 271
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.09.11
Excerpt: ...l, Angelica Toral, Karen Watkins, and Larry Watkins' ("Plaintiffs") move for an award of attorneys' fees in the amount $161,627M, plus costs in the amount of $2,413.94 of Defendant Related Management Company, LP. ("Defendant"). Defendant requests judicial notice of the following: 1. the Court's Minute Order in related matter Griffith v. Related Management Company, L.P., case number 2019- 01091978, regarding Plaintiff Motion for Summary Adjudicati...
2023.09.11 Motion for Attorney Fees 396
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.09.11
Excerpt: ...here and entitled to some amount of fees. A court has wide discretion in determining what constitutes reasonable attorney fees. The court typically makes this determination based upon declarations without live testimony. The value of legal services performed in a case is a matter in which the court has its own expertise, and thus may make its own determination of the value of the services contrary to, or without the necessity for, expert testimon...
2023.09.11 Motion for Termination of Sanctions 929
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.09.11
Excerpt: ...er day that Defendant does not fully comply with the order. Cuie of Civil Prmædure S 2023.010 states, in part, as follows: "Misuses of the discovery process include, but are not limited to, the follow-ng: ... (d) Failing to respond or submit to an authorized method of discovery... . (g) Disobeying a court order to provide discovery." Code of Civil Prc„cedure S 2023.030 provides, in part, as follows: "To the extent authorized by the chapter gov...
2023.09.11 Motion to Compel Arbitration 305
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.09.11
Excerpt: ... Cal. App. 5th 1324 (2023) and Montemayor v. Ford Motor Company, 92 Cal. App. 5th 958 (2023), review filed (Aug. 1, 2023) applicable and the Motion to Compel Arbitration is therefore DENIED. Here, neither Defendant is a signatory to the Retail Installment Sale Contract at issue. Defendants seek to compel arbitration on the following grounds: (1) Defendants may enforce the arbitration provision under the doctrine of equitable estoppel; and (2) Def...
2023.08.28 Motion to Compel Further Responses 697
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.28
Excerpt: ...erating Company, L.L.C., Orange City Mills Limited Partnership, and Mall at White Oaks, LLC's (“Landlords”) Motions to Compel are GRANTED in part and DENIED in part. Landlords seek an order compelling Fitness International, LLC “(LA Fitness”) to produce documents and provide further responses to RFAs 5-6, Form Interrogatory Nos. 12.1, 15.1 and 17.1, Special Interrogatory Nos. 3, 6 and 18 and RFP Nos. 1-5, 8, 9, 12, 13 and 15. The unresolv...
2023.08.28 Motion for Judgment on the Pleadings 897
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.28
Excerpt: ... filed documents, and any documents filed after the July 31, 2023 hearing except for the declaration filed as ordered by the Court. A motion for judgment on the pleadings may be made, and granted, on the same grounds as a general demurrer. Cal. Code Civ. Proc § 438(c)(1)(B)(ii); Stoops v. Abbassi, 100 Cal. App. 4th 644, 650 (2002). A motion for judgment on the pleadings that is brought by a defendant may only be made either on the ground that th...
2023.08.28 Application for Right to Attach Order, Writ of Attachment 419
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.28
Excerpt: ... a Writ of Attachment in the amount of $47,296.30. An “attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than five hundred dollars ($500) exclusive of costs, interest, and attorney's fees.” Code Civ. Proc., § 483.010(a). Importantly, a court must find the follow...
2023.08.21 Motion to Compel Production 635
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.21
Excerpt: ...tions, and actual production of documents in response to Requests for Production, Set One (“RFP”), Nos. 1 to 23, and awarding monetary sanctions in the amount of $2,440 against each defendant. This Motion is DENIED, in its entirety, as follows. A motion to compel a further response to a demand for inspection must set forth specific facts showing good cause justifying the discovery sought by the discovery request. Code Civ. Proc. § 2031.310(b...
2023.08.21 Motion to Compel Further Responses 657
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.21
Excerpt: ...eously labelled), 20, 22 and 29, within 15 calendar days' notice of this order. Additionally, Defendant and his counsel of record are jointly ordered to pay sanctions to Plaintiff, in the amount of $1,908.00, pursuant to Code of Civil Procedure section 2023.030(a). See also Code Civ. Proc., § 2023.010(e) and (f). Initially, the instant motion was filed on April 21, 2023, which is precisely 45-days after the date Counsel declares Defendant served...
2023.08.21 Motion to Compel Further Responses 384
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.21
Excerpt: ...s, Special Interrogatories, and Form Interrogatories; (2) deeming the truth of all matters specified in Plaintiff's first set of Requests for Admission as admitted; and (3) imposing monetary sanctions. Code of Civil Procedure sections 2030.290 and 2031.300 state that if a party to whom interrogatories or a demand for inspection “fails to serve a timely response to it,” the party waives any and all objections and the propounding party may move...
2023.08.21 Motion to Compel Answers 784
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.21
Excerpt: ...lar interrogatory is evasive or incomplete; (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate; or (3) An objection to an interrogatory is without merit or too general.” Samhouri seeks to compel Plaintiff/Cross-Defendant Bin An to provide further responses to Form Interrogatories Nos. 1.1 and 15.1. The interrogatories were served via email on 10...
2023.08.21 Motion for Attorney Fees 615
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.21
Excerpt: ...int on 1-23-2020 alleging: 1. Violations of the Investigative Consumer Reporting Agencies Act (“ICRAA”), Cal. Civ. Code § 1786, et seq.; and 2. Declaratory Relief. Plaintiffs alleged that Defendants obtained investigative consumer reports about each of the Plaintiffs during the processing of Plaintiffs' Application for Occupancy at the Rosena Fountains Apartments, and the Luxaira Apartments, without complying with the mandatory requirements,...
2023.08.21 Demurrer 637
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.21
Excerpt: ... the Court's ruling, below. First Cause of Action for Quiet Title Pursuant to Code of Civil Procedure § 761.020, an action to quiet title shall include: (a) a description of the property that is the subject of the action; (b) the title of the plaintiff as to which a determination is sought and the basis of the title; (c) the adverse claims to the title of the plaintiff against which a determination is sought; (d) the date as of which the determi...
2023.08.14 Motion to Compel Production 134
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.14
Excerpt: ...efendant did not file or serve its opposition until a full week later, on 08/08/23, which is only four (4) court days before the hearing on this matter. Based upon the untimeliness of the opposition, the Court disregards the opposition and supporting documents filed under ROA 84, 86 and 88 pursuant to Rules of Court, Rule 3.1300(d). See also Rancho Mirage Country Club Homeowners Ass'n v. Hazelbaker, 2 Cal. App. 5th 252, 262 (2016). On receipt of ...

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