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2024.01.24 Demurrer 526
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.01.24
Excerpt: ...omplaint (ROA #2), 15-17.1 Plaintiff alleges that she sought help from Knott's Berry Farm employees to prevent or avoid the attack but they refused to intervene or provide security assistance. [ld., "1 32, 33, 40, 41, 48.] A demurrer can be used only to challenge defects that appear within the "four corners" of the pleading — which includes the pleading, any exhibits attached, and matters of which the court is permitted to take judicial notice....
2024.01.24 Demurrer 672
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.01.24
Excerpt: ...l (2019) 33 CA5th 431, 456; People v. Clausen (1967) 248 CA2d 770, 785-786 "[Sluch granting of leave to amend must be construed as permission to the pleader to amend the cause of action which he pleaded in the pleading to which the demurrer has been sustained." ; see Harris v. Wachovia Mortg., FSB (2010) 185 CA4th 1018, 1023—plaintff may not amend the complaint to add a new cause of action without having obtained permission to do sol. Even cons...
2024.01.17 Motion to Compel Further Responses, Compel Deposition 708
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.01.17
Excerpt: ...ng agents, employees, or agents who are most qualified to testify on its behalf as to the matters set forth in a notce of deposition, (2) produce the persons so designated for a designated for a deposition, and (3) produce the documents requested in Plaintiff's Notice of Deposition. Plaintiff's motion to compel further responses to form interrogatories was withdrawn. (ROA No. 232.) The motion is taken off calendar. MOTION TO COMPEL FURTHER RESPON...
2024.01.17 Motion to Compel Further Responses 902
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.01.17
Excerpt: ...ments produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond." (Code Civ. Proc., S 2031.280, subd. (a).) Plaintiff responded to the requests at issue with: "After diligent search and reasonable inquiry in an effort to comply with this request, Responding Party identifies and directs Propounding Party to the entire personnel file of Respondi...
2024.01.17 Motion for Protective Order 421
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.01.17
Excerpt: ... CRC, Rule 3.1300(c). Furthermore, the opposition is 20 pages long with no table of contents or authorities. (See CRC, Rule 3.1113(d) ("no opening or responding memorandum may exceed 10 pages.") and (h) ("memorandum that exceeds 10 pages must include a table of contents and a table of authorities.").) CRC, Rule 3.1113(e) provides that a party may apply ex parte to file a memorandum that is longer than the proscribed limits. Plaintiff here did not...
2024.01.17 Demurrer 513
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.01.17
Excerpt: ...that a defendant is liable for physical abuse or neglect, as they are defined in the Act, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse. (Welf. & nst. Code S 15657.) To prove "neglect" within the meaning of the Act, a plaintiff must allege facts establishing that defendant: "(1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, ...
2024.01.03 Demurrer 700
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.01.03
Excerpt: ...an be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; Donabedian v. Mercury Ins. co. (2004) 116 cal.App.4th 958, 994 (citing text).l No other extrinsic evidence can be considered (i.e., no "speaking demurrers"). (Ion Equip. Corp. v. Nelson (1980) 110 Cal .App.3d 868, 881 —errorfor court to conside...
2024.01.03 Demurrer 321
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.01.03
Excerpt: ...side the pleading which are judicially noticeable under Evidence Code SS 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 complaining, and what remedies are being sought. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) On demurrer, a complaint must be li...
2024.01.03 Motion for Reconsideration 111
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.01.03
Excerpt: ...on is one that explicitly directs the courts attention to a previous order and seeks to "modify, amend, or revoke" that order. Merely asking the court to grant relief that is inconsistent with a prior order, whether by the same or a different judge, is not a "motion for reconsideration. ' (Sorenson v. Superior Court (2013) 219 Cal. App. 4th 409, 421 n.13.) A motion for reconsideration is commonly thought to have two stages. The court must decide ...
2024.01.03 Motion to Compel Deposition 161
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.01.03
Excerpt: ...ments is made at this time. Motion to Compel Thomas Deposition Code Civ. Proc. S 2025.450(a) provides that when a party deponent is served with a deposition notice and, without having served a valid objection under Code Civ. Proc. S 2025.410, fails to appear for deposition the party giving notice may move for an order compelling the deponent's attendance and testimony at deposition. The moton must be accompanied by a declaration under Code Civ. P...
2024.01.03 Motion to Set Aside Judgment 380
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.01.03
Excerpt: .... (Leader v. Health Industries of Arm Inc. (2001) 89 Cal. App. 4th 603, 615.) A court may grant discretionary relief upon the moving party's showing of mistake, inadvertence, surprise or excusable neglect. (ld. at 615-616.) A court must grant mandatory relief upon a showing by an attorney declaration of mistake, inadvertence, surprise or neglect. (ld. at 616.) Courts have limited the application of the mandatory provision to those dismissals proc...
2023.12.13 Motions to Compel Compliance with Third-Party Subpoenas 180
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.12.13
Excerpt: ...ty is required to provide discovery is a deposition subpoena." (ld„ subd. (b).) Production of documents by a nonparty deponent requires the service on the deponent of a deposition subpoena. (S 2025.280, subd. (b).) If the deponent is a natural person, service of a deposition subpoena is made by personal delivery of a copy of to the deponent. (CCP S 2020.220, subd. (b)(l).) If the deponent is an organization, service is made by personal delivery...
2023.12.13 Motion to Compel Arbitration 935
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.12.13
Excerpt: ...t does. Three, does the FAA apply? Yes. Four, is the agreement unconscionable, either procedurally or substantively? No. And five, a variant of the question concerning unconscionability, does the agreement provide for a neutral arbitrator and adequate discovery? Yes. Sufficiency of evidence concerning agreement "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a pa...
2023.12.13 Motion for Leave to File Amended Answer 655
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.12.13
Excerpt: ...or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer." (Code Civ. Proc. S 473(a)(1).) "The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this c...
2023.12.13 Demurrer 828
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.12.13
Excerpt: ...a Rules of Court, Rule 2.112. Plaintiff did not file an Opposition. A special demurrer for uncertainty is "disfavored." (Chen v. Berenjian (2019) 33 Cal.App.5th 811, 822.) Nevertheless, a demurrer for uncertainty may be sustained "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." (We...
2023.12.13 Demurrer 571
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.12.13
Excerpt: ...rrer Plaintiff did not oppose the demurrer. Failure to oppose the demurrer may be construed as having abandoned the claims. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.) Hotel Company's demurrer is sustained with 15 days leave to amend. Motion to Strike The court notes Hotel Company filed the motion to strike twice, the first filing on 5/31/2023 (ROA No. 30) and the second filing on 9/7/2023 (ROA No. 39). The two motons appear ...
2023.12.06 Motion to Set Aside Dismissal, for Sanctions 199
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.12.06
Excerpt: ...ty is certifying that, to the best of the person's knowledge, information and belief, formed after an inquiry reasonable under the circumstances that all of the followng conditions are met: (1) it is not being presented primarily for an improper purpose; (2) the claims, defenses, or other legal contentions are warranted by existing law or by a nonfrivolous argument for the extension, modification or reversal of existing law or the establishment o...
2023.12.06 Demurrer to FAC 720
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.12.06
Excerpt: ...allege a breach because the Assignment Agreement requires Defendant "to provide either marketable or insurable title," and the FAC "does not allege that [Defendant) failed to provide insurable title, and in fact plaintiff is represented by the very insurance company who provided title insurance to Plaintiff." Defendant further contends Plaintiff did not "perform a condition precedent to receive the benefits of the alleged warranty," because the F...
2023.12.06 Demurrer 095
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.12.06
Excerpt: ...ofs of service do not show that the demurrer, moton to strike, supporting papers, and replies were properly served on Plaintiff. Defendant's proof of service states the demurrer, motion to strike, and supporting papers were served by "express delivery service." It is unclear what "express delivery service" means. The description states it would be deposited in the ordinary course of business, but does not state where it is deposited (i.e. in an o...
2023.11.29 Demurrer 721
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.29
Excerpt: ...s that they, the listing agent and broker, were aware of "latent water intrusion defects which were allegedly concealed and not discovered until plaintiffs began upgrading the Pro#rty and retained a mold expert"; that the allegations that COLLEEN is "the sellers' daughterin-law" and "had spent significant time at the [Property] over the years" and used the barbeque and backyard are insufficient; that the Complaint is devoid of any specific facts ...
2023.11.29 Demurrer 769
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.29
Excerpt: ...s must be based on a specific statute declaring them to be liable, or at least creating some specific duty of care, and not on the general tort provisions of Civil Code secton 1714." (Eastburn v. Regional Fire Protection Authority (2W3) 31 Cal.4th 1175, 1183.) "Since the duty of a governmental agency can only be created by statute or 'enactment,' the statute or 'enactment' claimed to establish the duty must at the very least be identified." (Sear...
2023.11.29 Motion to Compel Arbitration 621
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.29
Excerpt: ...decided by arbitration and not in a court or by jury trial. If a dispute is arbitrated, I will give up my right to participate as a class representative or class member on any Claim I may have against you including any right to class arbitration or any consolidation of individual arbitrations. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights you and I would have in court may not be avail...
2023.11.29 Motion to Transfer Venue 760
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.29
Excerpt: ...e ends of justice and is for the convenience of witnesses. The Court may change the place of trial when the convenience of witnesses and the ends of justice would be promoted by the change. Civ. Proc. S 397, subd. (c).) The moving party has the burden of proving "'that both the convenience of witnesses and the ends of justice will be promoted thereby It is primarily a question for the trial judge whether that burden has been successfully sustaine...
2023.11.29 Motion to Compel Responses, Deposition, to Deem RFAs Admitted 609
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.29
Excerpt: ...te no later than a date to be determined at the hearing. Plaintiff is awarded sanctions of $81W against Defendant, to be made no later than January 2, 2024. Plaintiff's motion to deem admitted requests for admission, set one, served on Defendant, is denied. Motion to Compel Responses to Form Interrogatories If a party to whom interrogatories are directed fails to serve a timely response: (1) the party who has failed to provide a timely response w...
2023.11.15 Motion to File Under Seal 199
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.15
Excerpt: ...(a). To seal a record, the moving party must file a motion for such relief, along with a memorandum and a declaration containing facts sufficient to justify the sealing. CRC 2.551(b)(1).) The motion must be served on all parties and the moving party must lodge a complete copy of the document, marked "Conditionally under Seal," with a cover sheet stating the case info and that the enclosed record is subject to a pending Motion to Seal. CRC 2.551(d...
2023.11.15 Motion to Compel Responses 262
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.15
Excerpt: ...e ("RFAs"), is denied. Here, it is undisputed that responses were served before Plaintiff filed her motions. Moreover, it is undisputed that these responses consisted primarily of objections. [Kingsley Decls. (ROA ##30 (Sl), 22 (RFP), 26 (RFA)), 8 and Exs. G and H.] These responses were not verified. [ld.] Objections do not need to be verified. Code Civ. Proc. "2030.250, 2031.250, 2033.240; Food 4 Less supermarkets, Inc. v. superior court (1995) ...
2023.11.15 Motion to Compel Arbitration 998
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.15
Excerpt: ...al Estate Mediation Center for Consumers (www.consumermediaton.org) or through any other mediation provider or service mutually agreed to by the Partes. The Parties also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Mediation fees, if any, shall be divided equally among the Parties involved. If, for any ...
2023.11.15 Motion to Compel Arbitration 909
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.15
Excerpt: ...& Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) 9.53.1a.) The Court denies Plaintiffs' request to judicially notice a California appellate case and a Federal Ninth Circuit case. It is unnecessary to seek judicial notice of published material. (See Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 45, fn. 9.) "Citation to the material is sufficient." (Ibid.) The court therefore considers the reque...
2023.11.08 Motion to Bifurcate Trial Between Liability and Damages 057
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.08
Excerpt: ...n the grounds that: (1) it would result in a duplication of evidence and undue consumption of time; (2) he is required to present his injuries for a jury to determine whether Defendants were grossly negligent; and (3) that "sympathy" from the jury cannot be a factor supporting bifurcation because it is already addressed by CACI 5WO. The court finds that the ends of justice and the economy and effciency of handling the litigation warrant bifurcati...
2023.11.08 Motion for Terminating Sanctions or Issue and Evidentiary Sanctions, for Monetary Sanctions 421
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.08
Excerpt: ... (1) verified, written responses without objections to loanDepot Holdings, Inc.'s Requests for Admissions Nos. 6—8; (2) written responses without objections to Defendants' Form Interrogatories Nos. 210.5, 213.1, 213.2, and 217.1; and (3) supplemental written responses without objection, except for attorney-client privileged documents and work product, conditioned upon Plaintiff providing a privilege log, to Defendants' Requests for Production o...
2023.11.08 Demurrer 902
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.08
Excerpt: ...-6:3; Opposition, 4:2-3:11.) Because Plaintiff's complete third cause of achon alleges disability discrimination, this fifth cause of action will be considered one for race discrimination. Generally, to establish a prima facie case of discrimination, a plaintiff must show "(1) he was a member of a protected class, (2) he was qualified for the position he sought or was performing competently in the position he held, (3) he suffered an adverse empl...
2023.11.01 Motion to Compel Further Responses 393
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.01
Excerpt: ....050, 1013.) If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal. 4th 245, 255). On April 24, 2023, Plaintiff served responses to Form Interrogatories, Set One. (Gordon Decl., 8-9, Ex. F.) After meeting and conferring, on June 13, 2023, Plaintiff served Further Responses by electronic mail only...
2023.11.01 Motion to Compel Arbitration and Stay Action 943
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.01
Excerpt: ...position. "The general rule of motion practice...is that new evidence is not permitted with reply papers... '[Tlhe inclusion of additional evidentiary matter with the reply should only be allowed in the exceptional case' and if permitted, the other party should be given the opportunity to (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Reply evidence should not address substantive issues in the first instance but only fill gaps in the e...
2023.11.01 Motion to Quash Discovery Subpoenas 081
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.01
Excerpt: ...surance Companies"). Alternatively, Defendants move for a protective order against disclosure of Insurance Clients who have no connection or associaton with the Plaintiffs. The court grants Defendants' motion in part, as set forth below. Plaintiffs' claims boil down to allegations that Defendants misappropriated their customer lists and essentially stole their clients. Plaintiffs served on the above eight Insurance Companies, each containing 48 d...
2023.11.01 Motion to Correct Partial Final Arbitration Award 346
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.01
Excerpt: ...nonetheless admissible evidence as they are authenticated by the Declaration of Sheila Mojtehedi. In the absence of objection, defendants the Estate of Tarek R. Greiss, Tahamtan Nematbakhsh, and Joseph Milligan's motion for joinder in Defendant Elite Care and South Coast's opposition will be granted. The court declines Defendants' invitation to set an OSC re sanctions. Procedure for Correcting or Confirming an Arbitration Award A petition to corr...
2023.11.01 Motion to Stay Proceedings 366
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.11.01
Excerpt: ...ceeding is pending shall, upon motion of a party to such achon or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies." (Code Civ. Proc., S 1281.4.) The court shares the assessment of the Court of Appeal in Leenay v. Superior Court (2022) 81 Cal.App.5th 553. Specifically, that section 1281.4 is "part of the California Arbitration Act" (th...
2023.10.25 Motion to Compel Further Responses, for Sanctions 102
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.25
Excerpt: ...ions. A. Qui Tam Plaintiffs In actions brought under the Act, the State, the subdivision, or the qui tam plaintiff is required to prcwe all essential elements of the cause of action, including damages, by a preponderance of the evidence. Gov. Code, S 12654, subd. (c). The Court notes that Plaintiff cites no case to support his contention that his discovery obligations are altered because of his status as a qui tam plaintiff. B. Prtxluction of Doc...
2023.10.25 Motion for Summary Judgment 439
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.25
Excerpt: ...tce Guide: Civil Procedure Before Trial (The Rutter Group 2020) '1 9.53.1a.) Plaintiffs' evidentiary objections are sustained as to nos. 5 and 6; they are otherwise overruled. Defendant's evidentiary objections are overruled as to nos. 2, 11, and 8; they are otherwise sustained. Basic Rules for Summary Judgment "A party may move for summary judgment in an acton or if it is contended that the action has no merit or that there is no defense to the ...
2023.10.25 Application for Writ of Possession and TRO, to Strike 354
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.25
Excerpt: ...oceedings. (Cal. Rules of Ct., rule 5.2(c).) By the application, Plaintiff seeks writ of possession of "TUMBLES, a dog, approximately 6 years old, male Cockapoo," during the pendency of this action. (ROA 46.) California's claim and delivery law is found under CCP secton 511.010 et seq. Although it is "based upon the common law writ of replevin," claim and delivery is a "strictly statutory remedy." (Cal. Prac. Guide Enf. J. & Debt at 4:560; see al...
2023.10.18 Motion to Strike 579
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.18
Excerpt: ...elevant, 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. S 436. "Irrelevant" matters include: allegations 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 allegati...
2023.10.18 Motion to Dismiss 619
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.18
Excerpt: ...demurrer. (See Citizens for Parental Rights v. San Mateo County Bd. of Education (1975) 51 Cal.App.3d 1, 38), The Court declines to take the motion offcalendar because Plaintiff has opposed the motion on the merits, (as a demurrer), and has not shown he was prejudiced by the erroneous labeling. (Carlton v. Quint 77 Cal.App.4th 690, 697.) he Court further notes that it has not considered any of the "supplemental" that were untmely filed without le...
2023.10.18 Motion to Dismiss 328
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.18
Excerpt: ...very lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2W9) 174 Cal. App. 4th 967, 991.) Once a party is ordered by the court to provide responses to discovery, continued failure to respond may result in the imposition of more severe sanctons. (See Ctxle Civ. SS 2030.290(c) (interrogatories), 2031.3Cqc) (requests for production); see also The Rutter Group, Civil Prmædure before Trial 8:852.) The moving party need only sh...
2023.10.18 Motion to Compel Arbitration 975
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.18
Excerpt: ...ation order. [CRC 3.1113(d), 3.754(c)(2)] A motion to compel arbitration is neither of these. Yet, Plaintiff's Memorandum of Points and Authorities is 19 pages thereby exceeding the allotted limit of 15 pages, without leave of court. A memorandum exceeding the permissible page limits "must be filed and considered in the same manner as a late-filed paper"; i.e„ the court in its discretion may refuse to consider it in ruling on the moton. [CRC 3....
2023.10.18 Motion for Reconsideration 246
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.18
Excerpt: ...ion made by a party must be based on new or different facts, circumstances, or law than those before the court at the time of the original ruling. (Code Civ. Proc., S subd. (a).) The moton must also be accompanied by an affidavit from the moving party that states: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. (Code C...

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