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2024.01.25 Motion to Disqualify Counsel
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.01.25
Excerpt: ...proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc., § 128, subd. (a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal.App.3d 572, 585.) Generally, deciding a motion to disqualify requires the court to weigh the following variables, including: (1) the party's right to counsel of choice; (2) the attorney's interest in representing a client; (3) the Þn...
2024.01.25 Demurrer to FAC
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.01.25
Excerpt: ...TH 30 DAYS' LEAVE TO AMEND, as to the Adella Property, Chumash Property, Aspan Property, Drover Property, and Homestead Property. The Court Þnds Defendants adequately met and conferred prior to Þling their Demurrer. Intentional and Negligent Misrepresentation (3rd and 4th Causes of Action Defendants contend the First Amended Complaint, like the original Complaint, still provides no detail as to when, where, or how Defendants' misrepresentations...
2024.01.25 Demurrer
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.01.25
Excerpt: .... Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal su¯iciency of the a¯ected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundi¯ v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the...
2024.01.19 Motion for Summary Judgment
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.01.19
Excerpt: ... to stipulate to the filing of the FAC, which then added Defendant Sunrise to the 1st cause of action for disability discrimination and the 9th causes of action for unlawful medical inquiry in violation of FEHA. While the filing of a FAC would normally moot a summary judgment motion, the parties' stipulation for the FAC noted Defendant Sunrise's motion and Plaintiff "waive[d] the filing requirements under CCP S 437c(a) and stipulate[d] to allow S...
2023.12.14 Motion to Stay Civil Litigation
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2023.12.14
Excerpt: ...to a blanket stay for an undetermined period of time, particularly since, as Defendant himself admits, no discovery has been propounded on him. (Declaration of Catherine A. Quaidoo, 7.) (See Alpha Media Resort Investment Cases (2019) 39 Cal.App.5th 1121, 1131 [the Constitution does not ordinarily require a stay of civil proceedings pending the outcome of criminal proceedings]; see Victaulic Co. v. American Home Assurance Co. (2018) 20 Cal.App.5th...
2023.12.14 Demurrer
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2023.12.14
Excerpt: ...eempts claims based on the same nucleus of facts as trade secret misappropriation. (Coast Hematology-oncology Associates Medical Group, Inc. v. Long Beach Memorial Medical center (2020) 58 cal.App.5th 748, 769; Arthur J. Gallagher & co. v. Tarantino (N.D. cal. 2020) 498 F.Supp.3d 1155, 1174.) "To survive preemption, [Plaintiff's) claims must 'allege wrongdoing that is materially distinct from the wrongdoing alleged in a CUTSA claim.' [Citation.]"...
2023.11.30 Petition for Writ 902
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2023.11.30
Excerpt: ...n the alternative show cause why it should not do so, and thereafter issue a peremptory writ commanding Respondent either rescind its 'Potentially Dangerous Dog Declaration', or amend the provisions of the Mission Viejo Municipal Code to define the term 'provocation' and to allow Petitioner a trial on all issues of fact, and allow Petitioner to present evidence on all properly plead defenses." Neither party provides a standard under which the cou...
2023.11.30 Motion to Compel Deposition 392
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2023.11.30
Excerpt: ...tice. (Code Civ. Proc. S 2025.450(b)(1).) A showing of "good cause" is made by declarations containing specific facts justifying inspection of the documents described in the notice. (Cal. Prac. Guide Civ. Pro. Before Trial S 8:801.2 (Rutter Group 2021).) In addition, the moton must be accompanied by a meet and confer declaration. (CINIe Civ. Proc. "A meet and confer declaration in support of a motion shall state facts showing a reasonable and goo...
2023.11.30 Motion for Leave to Amend 140
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2023.11.30
Excerpt: ...of Michael Prozan in Support of Motion fails to comply with California Rules of Court, rule 3.1324(b), which requires that a separate declaration must accompany the motion and must specify: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. The Prozan Declaration does not c...
2023.11.30 Demurrer, Motion to Strike 502
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2023.11.30
Excerpt: ...nuous accrual. However, Plaintiff's complaint fails to state facts supporting the application of these doctrines including the dates of repair attempts and Plaintiff's discovery of the factual basis for his claims. Therefore, Plaintiff has failed to allege facts demonstrating his ninth and tenth causes of action are timely. Ninth Cause of Action — UCL: Business and Professions Code S et seq ("UCL") prohibits unfair competition, which is defined...
2023.11.09 Motion to Compel Further Responses
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2023.11.09
Excerpt: ...esponded on May 10, 2023, providing point by point responses as to its discovery responses. aut GM did not provide a copy of the letter to the court. In the Reply, Plaintiff disputes that GM ever to Plaintiff's May 8, 2023 letter. Plaintiff filed this moton on June 14, 2023. If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the discovery requests. (Coy v. Superio...
2023.11.09 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2023.11.09
Excerpt: ...d causes of action and GRANTED as to the fourth, fifth, sixth, and seventh causes of action. " 'A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same de novo standard of review.' " (People ex rel. Harris v. Pac Anchor Transportation, Inc. (2014) 59 Cal.4th 772, 777; see Marzec v. Public Employees' Retirement System (2015) 236 Cal.App.4th 889, 900 '[b]ecause a motion for judgment on the pleadings is the fun...
2023.11.09 Demurrer to TAC
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2023.11.09
Excerpt: ...ays' leave to amend. As for Defendant State of California, the Demurrer is sustained without leave to amend, but without prejudice to Plaintiff filing a motion for leave to amend. Defendants' Motion to Strike is moot. The Court finds Defendants adequately met and conferred prior to filing their Demurrer and Motion to Strike. Governor Newsom and Director Johnson Contrary to Plaintiff's claim, on March 16, 2023, the Court sustained Governor Newsom ...
2023.11.09 Demurrer
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2023.11.09
Excerpt: ...leading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1404- 05.) The first cause of action for general negligence alleges that on October 25, 2022, Arther K. Masaoka rented a self-storage space from Defendant. (Complaint, p. 4.) Plaintiff alleges Defendant denied Plaintiff Hunter (Masoka's conservator) her right of access to t...

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