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2024.04.16 Motion for Summary Judgment, Adjudication 778
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ...jections ( ROA 1122) as immaterial to the Court's ruling but the objections are preserved for purposes of appeal. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 526 [“the trial court's failure to rule expressly on any of Google's evidentiary objections did not waiv e them on appeal”]) On 12/6/22, the Court sustained Movants' demurrer to the fourth, fifth, and sixth causes of action against Movants in the TAC. Movants seek summary judgm...
2024.04.16 Motion for Summary Judgment, Adjudication 372
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ...d Code of Civ il Procedure section 437c(c) states, “(c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In de termining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to...
2024.04.16 Motion for Summary Judgment, Adjudication 061
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ...mplaint (FACC). The motion also requests summary adjudication of the first cause of action for common counts in the Law Firm's complaint. The motion is MOOT as to Jocelyn Plummer because the Court entered judgment on the FACC in favor of Jocelyn Plummer on 4/4/24 after sustaining her demurrer without leave to amend. As to the remaining Movants, the motion is DENIED in its entirety. Movants' request for judicial notice (ROA 1356) is granted as to...
2024.04.09 Motion to Strike 284
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.09
Excerpt: ...content of a website. (Searles Valley Minerals Operations, Inc. v. State Board of Equalization (2008) 160 Cal.App.4th 514, 519; See also LG Chem, Ltd. v. Superior Court of San Diego County (2022) 80 Cal.App.5th 348, 362, fn. 7.) Pursuant to Code of Civil Procedure sec tion 436, the Court may, upon a motion made pursuant to section 435 or at any time in its discretion, strike out “any irrelevant, false, or improper matter inserted in any pleadin...
2024.04.09 Motion to Compel Arbitration 431
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.09
Excerpt: ...voluntarily waives each party's right to a jury trial and court trial. (Lazarus v. Titmus (1998) 64 Cal.App.4th 1242, 1248).” (ROA No. 10.) The present motion to compel arbitration was filed on 8/24/23 and is unopposed. On 1/8/24, Plaintiff filed and served a subst itution of attorney stating that counsel Lenden Webb substituted for Plaintiff's former counsel Christopher Olsen. On 1/9/24, the Court continued the hearing on this motion and ord...
2024.04.09 Motion for Terminating Sanctions 549
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.09
Excerpt: ...Chang's medical condition.” On 12/12/23, the Court granted Plaintiff Dean Chang's (Plaintiff) unopposed motion to compel the deposition of Defendant Lucille Chang (Defendant), ordering Defendant to appear for deposition and produce documents pursuant to the deposi tion notice no later than 2/29/24, and awarding sanctions of $4,525 in sanctions against Defendant. Defendant did not oppose the motion to compel her deposition which was granted on 1...
2024.04.09 Motion for Summary Judgment, Adjudication 521
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.09
Excerpt: ...437c(a)(1).) “A p arty 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 the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damag...
2024.04.09 Demurrer 788
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.09
Excerpt: ...stitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured. An action brought by the Attorney General, any district a...
2024.04.02 Motion to Strike 633
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.02
Excerpt: ...ive dam ages, Plaintiff must establish Defendants are guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) Moreover, Civil Code section 3294(b) provides, “An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an em ployee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others...
2024.04.02 Motion to Compel Further Responses 372
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.02
Excerpt: ... On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular 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 d ocum en ts i s i n ad eq uate. [ ¶] ( 3 ) A n ob j ect...
2024.03.26 Demurrer 084
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.26
Excerpt: ...se of action for breach of contract, the plaintiff must prove (1) the contract, (2) plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) “[T]he complaint must indicate on it s face whether the contract is written, oral, or implied by conduct.” (Otworth v. Southern Pacific Transportation Co. (1985)...
2024.03.26 Motion for Attorney Fees 040
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.26
Excerpt: ... offer to compromise on February 20, 2023. (Exhibit F to the declaratio n of attorney Bryan Reynolds submitted with the opposition.) The terms of the statutory offer to compromise provides in ¶ 10 that defendant Jaguar Land Rover of North America “will pay Plaintiff's attorney's fees, expenses and costs in an amount to be det ermined by the Court to have been reasonably incurred pursuant to Civil Code Section 1794(d).” Subdivision (d) of sec...
2024.03.26 Motion for Summary Judgment, Adjudication 243
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.26
Excerpt: ...Plaintiff's objection is sustained and the evidence is exc luded. (The video is described in the police report, which Plaintiff submitted as evidence.) Merits The elements of a negligence claim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury. (Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1159.) Premises liability “is grounded in the possession of the premises and...
2024.03.26 Motion to Compel Further Responses 603
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.26
Excerpt: ...n order compelling further response to the de mand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without m erit or too general. (b) A motion under subdivision (a) shall comply with each of the following: (1) The motion shall set forth specific facts sho...
2024.03.19 Motion to Set Aside or Vacate Default, Judgment 815
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.19
Excerpt: ...accept service if the process server identifies himself, tells the person they are being served, and leaves the papers as close as possible to the person. (Trujillo v. Trujillo (1945) 71 CA2d 257, 260.) Here, Tuttle announced that he was serving Defendant and left the papers on Defendant's front doorstep. Thus, Tuttle's service complied with the statutory requirements. The Court CONTINUES the Motion to allow Defendant an opportunity to submit ev...
2024.03.19 Motion to Compel Physical and Mental Exam 824
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.19
Excerpt: ...urt if good cause is shown. (See Shapira v. Superior Court (1990) 224 Cal.App .3d 12491256.) Plaintiff objects to the examination because Plaintiff has already agreed to an examination by Defendant's orthopedic expert on 3/27/24 and a remote mental examination on 3/18/24. Plaintiff also contends the examination must be conducted within 75 miles of Plaintiff's residence, which is in North Carolina. Defendant has shown good cause for its scar revis...
2024.03.19 Motion for Summary Judgment, Adjudication 797
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.19
Excerpt: ...#39;s breach, and (4) the resulting damages to the plaintiff.” (D'Arrigo Bros. of Calif ornia v. United Farmworkers of America (2014) 224 Cal.App.4th 790, 800.) As to the First Cause of Action, Plaintiff has demonstrated (1) the existence of the Loan Agreement with Media Graphix, (2) Plaintiff's performance, (3) Media Graphix breach of the L oan Agreement, and (4) resulting damages in the amount of $364,874.72. (Undisputed Facts 1, 5, 6, 10...
2024.03.12 Motion to Tax Costs 718
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ...hall not recover his or her postoffer costs and shall pay the defendant's costs from the time of the offer. In addition, in any action or proceeding other than an eminent domain action, the court or arbitrator, in its discretion, may require the plaintiff to pay a reasonable sum to cover postoffer c osts of the services of expert witnesses, who are not regular employees of any party, actually incurred and reasonably necessary in either, or bo...
2024.03.12 Motion to Strike 061
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ... Strike on 10/3/23. Code of Civil Procedure section 430.40(a) states, “ A person against whom a complaint or cross -complaint has been filed may, within 30 days after service of the complaint or cross- complaint, demur to the complaint or cross- complaint.” The same deadline applies to a motion to strike the complaint. (Code C i v. Proc. § 435(b)(1).) It is within the Court's discretion whether to consider an untimely demurrer. (Jackson v. ...
2024.03.12 Motion to Compel Further Responses 590
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ...he Law Offices of Dennis Dascanio, APC move to comp el defendants Benjamin Arsenian and the Law Offices of Benjamin Arsenian, PC to provide further responses to Plaintiffs' Form Interrogatories (Set One), without objections, is CONTINUED to 05/28/24 in Dept. C32 at 9:00 a.m. Plaintiffs Dennis Dascanio and the Law Offices of Dennis Dascanio, APC move to compel defendants Benjamin Arsenian and the Law Offices of Benjamin Arsenian, PC to provide fur...
2024.03.12 Motion for Summary Judgment, Adjudication 778
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ...��lings is GRANTED. Plaintiff's request for judicial notice ( ROA 1100) of official records of the Secretary of State, Department of Real Estate, and County Recorder, is granted. The Court declines to rule on Movant's objections (ROA 1118) as immaterial to the Court's ruling but the objections are preserved for pur poses of appeal. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 526 [“the trial court's failure to rule expressly on any of Googl...
2024.03.12 Motion for Summary Judgment, Adjudication 651
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ...issed its third and fourth causes of action on 11/15/23. Code of Civil Procedu re section 437c(c) states, “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if t he papers show that there is no triable issue as to any material fact, the court shall consider all of the evide...
2024.03.12 Motion for Sanctions 906
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ...ne Faalafua, John Utu, and Elva Utu, indivi dually and as the successor -in -interest and personal representative of Lucy Utu, move under Code Civ. Proc. § 128.7(b) and (c) for an order imposing a monetary sanction of $3,060.00 against defendant Denise Lorenzo and her attorneys of record. Lorenzo opp oses the motion and asks for a sanction of $4,202.50 against plaintiffs and their counsel under Code Civ. Proc. § 128.7(h). Under section 128.7, a...
2024.03.12 Demurrer to Amended Complaint 081
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ...‘scienter'); (c) intent to defraud, i.e., to induce reliance ; (d) justifiable reliance; and (e) resulting damage.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) Fraud must be plead with particularity and requires “pleading facts which show how, when, where, to whom, and by what means the representations wer e tendered.” (Id. at 645 (cleaned up).) Plaintiffs plead on August 10, 2020, Fluidfi and Li entered into a contract with M...
2024.03.05 Motion to Set Aside or Vacate Default 303
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.05
Excerpt: ...within a reasonable time, in no case exceeding six mo nths, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.) The relief offered by section 473, subdivision (b) is to be liberally applied. (Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 696 (Fasuyi).) “The law favors judgmen ts based on the merits, not procedural missteps.” (Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 134.) Therefore, “‘any doubts in applying...

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