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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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