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2024.06.12 Motions to Compel Further Responses 866
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.06.12
Excerpt: ...ssion to e ither: (1) answer the substance of the requested admission or (2) set forth an objection to the request. Unless a request is wholly objectionable, the party may object to only the part of the request that is objectionable but must answer the remainder. (Co de Civ. Proc. § 2033.230, subd. (a).) The propounding party may move for an order compelling a further response if it contends that an answer to a particular request is evasive or i...
2024.06.12 Motion to Compel Further Responses 219
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.06.12
Excerpt: ...representation that the party lacks the ability to comply with the demand,” or “[a]n objection to the particular demand.” (Code Civ. Proc., § 2031.210(a).) A statement that the party will comply with the request “shall state that the production, inspection, copying, testin g, or sampling, and related activity demanded will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the pos...
2024.06.12 Motion for Summary Judgment, Adjudication 324
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.06.12
Excerpt: ...elevant is sufficient. Plaintiff's evidentiary objections nos. 2, 3, 4, 5, 7, 11, 12, 13, 15, 16 are sustained; the remaining are overruled. Under Code Civ. Proc. § 437, 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 that party contends that the cause of action has no merit or that there is no affirm...
2024.06.12 Motion for Attorney Fees 841
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.06.12
Excerpt: ...Proc. § 1033.5(a)(10)(A), attorney's fees authorized by contract are allowable as costs under CCP § 1032. The “prevailing party” is the party with a net monetary recovery or for whom judgment is entered, or the party who recovers “greater relief” on the contract claim. Code Civ. Proc. § 1032(a)(4); Civil Code § 1717(b)(1). Here, the lease Plaintiff sued on contained an attorneys' fees provision that encompassed the claims for money ma...
2024.06.05 Motions to Compel Further Responses 866
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.06.05
Excerpt: ...ty may obtain discovery” by “inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” (Code Civ. Proc., § 2031.010, subd . (a).) Section 2031.210 requires a party responding to an inspection demand to respond with (1) a statement that it will comply, (2) a representation that it does not have ...
2024.06.05 Motion to Quash Service of Compulsory Joinder 160
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.06.05
Excerpt: ...he absence of a vo luntary submission to the authority of the court, compliance with the statutes governing service of process is essential to establish that court's personal jurisdiction over a defendant.” (Dill v. Berquist Constr. Co. (1994) 24 Cal.App.4th 1426, 1439.) “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion...
2024.06.05 Motion to Disqualify 161
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.06.05
Excerpt: ...any cross- examination is anticipated. Second, the court will hear from Defendant as to the timing of the motion. It appears to the court that the facts on which the motion is based have been known to Defendants for years. In addition, Defendants have not in the past o bjected to Rosemary Amezcua -Moll's participation in substantive, evidentiary motions both as counsel and witness. Disqualification A court has inherent power “to control in fur...
2024.06.05 Motion to Compel Arbitration 344
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.06.05
Excerpt: ...ds that the petition for writ of mandate is “outside the scope of the arbitration agreement”; and, in any event, (2) Respondent Sargisian has “affirmatively waived any right to arbitrate with this extremely untimely Motion.” (Opp'n at p. 2.) The Court finds neither argument is persuasive, and the petition for writ of mandate is subject to the mandatory arbitration provision. At the outset, the Court addresses Respondent's contention that...
2024.05.29 Motion for Summary Judgment 161
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.29
Excerpt: ...they are overr uled nos. 1, 2, 3, 6, 7, 8. The court did not consider facts and argument presented for the first time on reply. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable i ssue of material fact…” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the p...
2024.05.29 Motion for Leave to File FAA 590
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.29
Excerpt: ...oposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional a llegations are located. (California Rules of Court (“CRC”), Rule 3.1324(a).) Moreover, a separate declaration must accompany the motion and must specify: (1) the effect of the ...
2024.05.29 Demurrers to FAC 928
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.29
Excerpt: ...ruled. Lega l Standard “The party against whom a complaint or cross -complaint has been filed may object, by demurrer or answer as provided in Section 430.30[.]” Among other grounds, a demurrer may be taken if a pleading is “uncertain,” (meaning “ambiguous and unintell igible”), or if it “does not state facts sufficient to state a cause of action.” (Code Civ. Proc., § 430.10, subd. (e), (f).) A special demurrer for uncertainty i...
2024.05.15 Demurrer, Motion to Strike 180
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.15
Excerpt: ...to “LL Continental Inc.” (FAC, ¶24.) Defendant Chang Hsien Liu was the chief operating officer (“COO”) of the Company before the assets sale on September 19, 2019. (FAC, ¶28.) Defendant True Value was owned in whole or in part by Defendant Chang -Hsien Liu. Defendant Chang -Hsien Liu was the chief executive officer of Ture Value at the same time he was the COO of the Company. (FAC, ¶35.) Defendant LL Continental, Defendant Henry Lee an...
2024.05.15 Demurrer, Motion to Strike 562
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.15
Excerpt: ...unsel as to the impact of the 5/3/24 filing of CrossComplainants first amended complaint and whether it should be stricken. (3) The motion for leave to file an untimely anti -SLAPP motion is denied. Demurer and Motion to Strike Confronted with a demurrer and motion to s trike directed at his original cross -compliant, Defendant/Cross -Complainant had the option of opposing the motions or amending his crosscomplaint. The time limit was the same...
2024.05.08 Demurrer 879
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.08
Excerpt: ...action for breach of contrac t requires pleading of a contract, plaintiff's performance or excuse for failure to perform, defendant's breach, and damage to plaintiff resulting therefrom.” (Munoz v. MacMillan (2011) 195 Cal.App.4th 648, 655.) “A written contract may be pleaded either b y its terms— set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference— or by its lega...
2024.05.08 Demurrer 741
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.08
Excerpt: ...moot as to paragraphs 56 and 86. It is denied as to paragraph 120 and granted with 15 days leave to amend as to paragraph 73. Demurrer A demurrer can be used only to challenge defects that appear within the “four corners” of the pleading – which includes the pleadi ng, any exhibits attached, and matters of which the court is permitted to take judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) ...
2024.05.01 Motion to Compel Further Responses 262
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.01
Excerpt: ...- 77. The court is inclined to deny as to the remaining RFAs. Motion to Compel Further Responses to RFPs Code Civ. Proc. section 2031.310 provides, in relevant part, that “any party may obtain discovery” by “inspecting, copying, testing, or sampling documents, tangible t hings, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” Code Civ. Proc., § 2031.01...
2024.05.01 Demurrer to SAP for Writ of Mandate 417
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.01
Excerpt: ...udicial notice of three d irectives issued by CalSTRS (in 2019, 2022, and 2023) are denied. All three directives are directed at fiscal years after the time period at issue in the SAP (2017 -18 fiscal year) and do not appear relevant to the allegations in the SAP. (Bell v. Greg Ag ee Construction, Inc. (2004) 125 Cal.App.4th 453, 459, fn. 2.) District's unopposed request for the Court to take judicial notice of District's Board policy number 33...
2024.05.01 Demurrer 486
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.01
Excerpt: ...ed to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complain...
2024.04.24 Motion for Summary Judgment, Adjudication 209
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.24
Excerpt: ...(Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by show ing 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, subd. (p)(2).) A ...
2024.04.17 Motion to Strike Punitive Damages 579
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.17
Excerpt: ...relevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. Code Civ. Proc. § 436. “Irrelevant” matters include: allegati ons not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not support by the...
2024.04.17 Motion to Enter Judgment 656
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.17
Excerpt: ...pposition t o this Motion was filed before that admonition. A. Legal Standard Where the statutory requirements are met, the court may, upon motion, enter judgment pursuant to the terms of a settlement agreement. (CCP §664.6). Before enactment of CCP § 664.6, whe n a settlement broke down, the party seeking to enforce it either had to (a) file a separate lawsuit for breach of contract or (b) seek leave to file a supplemental pleading (to alle...
2024.04.17 Motion for Summary Judgment, Adjudication 161
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.17
Excerpt: ...ses of action and grant ed as to the 11th cause of action. Defendants' objections are sustained as to nos. 1, 6, 7, 11, 16, and 17 - 19 and overruled as to nos. 2 - 5, 8 - 10, and 12 - 15. Plaintiff's request for judicial notice is granted. A “party moving for summary judgment be ars an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact…” (Aguilar v. Atlantic Richfield Co. (...
2024.04.17 Demurrer to SAC 339
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.17
Excerpt: ...on the same grou nds it now demurs on as to the SAC. The court overruled Defendant's prior demurrer. [ROA #95.] There is a split of authority among case law on the question whether a defendant may demur to an amended complaint on the grounds that were overruled on a dem urrer to the prior complaint. See Bennet v. Suncloud (1997) 56 Cal. App. 4th 91, 96 -97; Pacific States Enterprises, Inc. v. City of Coachella (1993) 13 Cal. App. 4th 1414, 1420,...
2024.04.10 Motions to Quash Records Subpoena 262
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.10
Excerpt: ...endant has filed late oppositions. Any party to the action or the witness may bring a motion to quash a subpoena and may request the Court to quash it entirely, modify it, or direct compliance with it upon those terms and conditions as the court shall declare inc luding protective orders. In addition, the court may make any other order as may be appropriate to protect the moving party from unreasonable or oppressive demands including unreasonabl...
2024.04.10 Motion to Compel Deposition 837
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.10
Excerpt: ...appear fo r the deposition “without having served a valid objection under Section 2025.410.” (Code Civ. Proc., § 2025.450, subd. (a).) A written objection to a deposition notice must be served at least three calendar days prior to the date for which the deposition i s scheduled. (Code Civ. Proc., § 2025.410, subd. (a).) The Counsel for each side made some agreements, the details of which are disputed. Parties agreed that that the second ses...
2024.03.20 Motion for Summary Judgment 299
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.20
Excerpt: ...ore affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or 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 either owed or did not owe a duty...
2024.03.20 Demurrer 401
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.20
Excerpt: ...is divests the opinion of the Court of Appeal of binding or precedential effect, it may still be cited for “potentially persuasive value.” (See Cal. Rules of Ct. rule 8.1115(e)(1).) Based on the existing persuasive authority, including the Court of Appeal's decision in Dhital, the court concludes Plaintiff's fr audulent concealment claim is not barred by the economic loss rule as a matter of law. If the California Supreme Court reaches th...
2024.03.13 Motion for Summary Judgment 959
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.13
Excerpt: ... 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for s ummary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action c...
2024.03.13 Motion for Leave to File FAC 942
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.13
Excerpt: ...is carried on with a willful and conscious di sregard of the right and safety of others. (Civ. Code § 3294(c)(1).) At the pleading stage, the complaint must allege facts supporting circumstances of oppression, fraud, or malice. See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166 (“The mer e allegation an intentional tort was committed is not sufficient to warrant an award of punitive damages. [Citation] Not only must there be circumst...
2024.03.13 Motion for Attorney Fees 017
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.13
Excerpt: ...� 1021.5. The court has reviewed the time entries of Plaintiff's counsel [Hanassab Decl., Ex. 1] and the specific objections raised by Defendant. Upon this review, the court has reduced the fees from those requested for a billing error, fees incurred on claims Plaintiff did not prevail on, time billed for clerical work, time billed for duplicative/unnecessary work, and time billed for which the task description was too uninformative for the cour...
2024.03.13 Demurrer to FAC 719
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.13
Excerpt: ...pages. (ROA 108.) The maximum allowance is 15 pages, absent leave of court. (Cal. R. Ct. Rule 3.1113.) The Court will exercise its discretion to consider the oversized memorandum, this time, but future violations of the Rules may result in the Court's refusal to consider the offending p apers. Merits Defendant generally and specially demurs to the negligence cause of action in the First Amended Complaint. (To be clear, the Court construes the gen...
2024.03.06 Motion for Sanctions 102
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.06
Excerpt: ... to an authorized method of discovery is a misuse of the discove ry process warranting sanctions. Code Civ. Proc. § 2023.010(d). So, too, is disobeying a court order to provide discovery. (Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4th 1495, 1516.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal. App. 4th 967, 991.) The moving party need only...
2024.03.06 Demurrer to SACC 093
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.06
Excerpt: ...laintiff need not use the words ‘alter ego,' but must allege sufficient facts to show a unity of interest and ownership, and an unjust result if the corporation is treated as the sole actor.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 696 citing Leek v. Cooper (2011) 194 Cal.App.4th 399, 415, [ complaint alleging individual defendant was owner of all stock of defendant corporation and personally made all its b...
2024.03.06 Demurrer to FAC 498
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.06
Excerpt: ...must be accepted as true. Aubry v. Tri -City Hospital Dist. (1992) 2 Cal. 4th 962, 966 -67. A pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with sufficient detail to acquaint a defendant with the nature, source and extent of the claim. The degree of detail required depends on the extent to which the defendant in fairness needs such detail which can be conveniently p...
2024.02.28 Demurrer 093
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.28
Excerpt: ...h, and (4) resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186; CACI 303.) PSG argues that the Service Contract at issue ended in April of 2018 and that any allegation that the agreement was extended is conclusory. The Court disagrees. The SACC alleges that the Service Agreement was initially drafted to terminate after two years (i.e., in April 2018), but the parties extended the Agreement beyond that initi...
2024.02.28 Demurrer 299
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.28
Excerpt: ... of the remainder of the exhibits because they are not relevant to the disposition of the demurrer. (Sweeney v. California Regional Water Quality Control Bd. (2021) 61 Cal.App.5th 1, 1118, fn. 3.) The Court also declines to exercise its discretion to refuse to consider the opposition for being untimely by one day. Defendant demurs to the Complaint a nd the three causes of action asserted therein for: (1) breach of fiduciary duty – failure to u...
2024.02.28 Demurrer 895
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.28
Excerpt: ... shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc., §430.41, subd. (a)(4).) The Court once again opts to proceed to the merits. On the merits, the demurrer is overruled. Within the demurrer itself Defendant asserts the first cause of action fails as “Plaintiff has not se t out the terms of such contract, nor has any contract been attached that demonstrates a contractual relationship between Plaintiff and any of the p...
2024.02.28 Motion for Preliminary Injunction 928
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.28
Excerpt: ...arties' evidentiary objections are as follows. Respondents' objections: • Declaration of Brendan Ba rth (ROA 158): o Overrule 1 -2; Sustain 3 -6 • Declaration of Erin Allgaier (ROA 157) o Overrule 1, 5, 6; Sustain 2 -4 • Declaration of Amy Searls (ROA 156) o Sustain 1 -5 • Declaration of Jessica LaPalme (ROA 155) o Overrule 1; Sustain 2 -7 • Declaration of Ro cky Benoit, MD (ROA 154) o Overrule 1; Sustain 2 -7 • Declaration of Kelly U...
2024.02.28 Motion for Summary Judgment, Adjudication 295
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.28
Excerpt: ...tiff filed a separate statement in support of its reply. There is no provision in CCP se ction 437c for a reply separate statement. (Code Civ. Proc., § 437c; Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) The Court declines to consider Plaintiff's reply separate statement. Plaintiff's objections to Role's Declaration are overruled. Applicable Law In both summary judgment and summary adjudication proceedings, the pleadings dete...
2024.02.28 Motion to Compel Further Responses 339
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.28
Excerpt: ...nwarranted or the required specification of those docume nts is inadequate, and/or an objection to an interrogatory is without merit or too general. (Code Civ. Proc., § 2030.300, subd. (a).) With respect to interrogatories, the burden of showing good cause does not exist. (Coy v. Superior Court (1962) 58 Cal.2d 210, 220 -221.) If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure...
2024.02.28 Motion to Strike Jury Demand 573
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.28
Excerpt: ...rees. CITA provides for “[a]ctual damages, attorney's fees, and costs, and any equitable relief that the court deems appropriate.” (Civ. Code § 1798.93(c)(5), emphasis added.) Thus, the remedies are not all in the hands of the Court. Second, MCM argues that there is no right to a jury trial on this statutory claim because the gist of the relief is equitable, as opposed to at law, comparing it to the unfair competition law and the false a...
2024.02.21 Motion to Tax Costs 017
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.21
Excerpt: ...right. Code Civ. Proc. §1032. To claim those, the prevailing party must file and serve a memorandum of costs within 15 days from the date the clerk (or any party) mails out notice of dismissal or entry of judgment. CRC 3.1700; Daniels v. Robbins (2010) 182 Cal. App. 4th 204, 228. The memorandum must include a supporting decl aration affirming that the costs were reasonable and necessarily incurred. CRC 3.1700(a)(1). No proposed judgment is requ...
2024.02.21 Motion to Compel Responses 252
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.21
Excerpt: ...nd to four deposition questions without objection. Kigge n also seeks an order compelling Driver to further respond to Request for Identification and Production of Documents, Set One, number 3 and Special Interrogatories, Set One, numbers 1, 2, and 4. The same information is at issue in the three motions – Driv er's history of traffic tickets and payment for such tickets. Defendant objected to the deposition questions, request for production, ...
2024.02.21 Motion to Compel Arbitration 537
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.21
Excerpt: ...AA is to ‘ensur[e] that private arbitration agreements are enforced according to thei r terms.'” (Lacayo v. Catalina Restaurant Group Inc. (2019) 38 Cal.App.5th 244, 257, citing AT&T Mobility LLC. v. Concepcion (2011) 563 U.S. 333, 344, 131 S.Ct. 1740.) “California law, like federal law, favors enforcement of valid arbitration agreements.” (Baxter v. Genworth North America Corp. (2017) 16 Cal.App.5th 713, 721, citation omitted.) A party s...
2024.02.14 Motion to Dismiss or Vacate Default Judgment, Application for Foreign Judgment 999
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.14
Excerpt: ...fendant fails to demonstrate that grounds exist to “dismiss” or vacate said default. Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, surprise or excusable neglect.” De fendant does not argue that the default judgment was the result of “mistake, inadvertence, surprise or excusable neglect.” In addition, Code C...
2024.02.07 Motion to Tax Costs, for Attorney Fees 216
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ...ainti¯ pursuant to Code of Civil Procedure section 425.16, subdivision (c)(1). As an initial matter, the Court notes the action was stayed on 6/14/2022, pending Defendants' appeal. Remittitur was issued on 10/10/2023. Plainti¯'s motion to tax and Defendants' motion for fees were Þled shortly after Remittitur was issued. This case was reassigned to this Department after Defendants Þled a peremptory challenge. No order lifting the stay was is...
2024.02.07 Motion to Quash Default Judgment 999
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ...lin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 CA3d 381, 385-386; W. A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial Dist., Alameda County (1959) 176 Cal.App.2d 67, 72.) To the extent Defendant is requesting the Court to grant him relief from default, the Court Þnds Defendant fails to demonstrate that grounds exist to vacate said default. Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, ord...
2024.02.07 Motion for Summary Judgment 048
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ...ecuring the Note).) Evidentiary Objections Plainti¯ improperly presents evidentiary objections in the opposition to the Separate Statement. Written objections must be served and Þled separately from papers supporting or opposing the motion. [CRC 3.1354(b); Hodjat v. State Farm Mut. Auto. Ins. Co. (2012) 211 CA4th 1, 8-9, 149 CR3d 93, 9899—court did not abuse its discretion in refusing to consider objections not Þled separately as required b...
2024.02.07 Demurrer 580
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ...onabedian v. Mercury Ins. Co. (2004) 116 Cal. App. 4th 968, 994. Limited to the “four corners” as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with su¯icient detail to acquaint a defendant with the nature, source and extent of the claim. Leek v. Cooper (2011) 194 Cal. App. 4th 399, 413. On demurrer, a complaint must be liberally construed. Code Civ. P...
2024.02.07 Demurrer
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ... the statute o laches. (ROA 100.) The Court Þnds neither the statute o limitations issue, nor the issue o laches, is suitable or resolution at this early stage o the proceedings. With respect to the statute o limitations, Podobas has not shown the IIED (Domestic Violence) claim is time barred. (Code Civ. Proc., § 340.15, subd. (a).) And, Plainti¯ has su¯iciently alleged “abuse” within the meaning o CCP section 340.15, which it ad...

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