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2024.05.22 Motions to Compel Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ...in 30 days of service of the notice of ruling. Statement of Law A party has 30 days from the date of service to respond to written discovery, plus an additional five days if the discovery requests were served by mail. (Code Civ. Proc., §§ 2016.050, 2030.260, subd. (a), 2031.260, subd. (a).) If a party fails to serve timely responses to interrogatories or requests for production of documents, the propounding party may move for an order compelli...
2024.05.22 Motion to Quash Subpoena
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ... billi ng address) for the cell phone number, all “call originations, call terminations, call attempts, voice and text message transactions, data communications, SMS and MMS communications, voice communications, LTE and/or IP sessions and destinations with cell s ite information,” all stored SMS and MMS content and browser cache, and multiple other categories of documents from AT&T. Because the subpoena seeks the private cell phone records of...
2024.05.22 Motion for Terminating Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ..., is d isobeying 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.) 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 sanctions. (See Code ...
2024.05.22 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ...ication is GRANTED as to the second cause of action only. 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 . . . .” (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 851.) The parties must set forth admiss...
2024.05.22 Motion for Attorney Fees (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ...warded reasonable attorney's fees and costs” in an action to enforce the CC&Rs. Although the Davis -Stirling Common Interest Development Act does not define “prevailing party,” it “is well established that ‘[t]he analysis of who is a prevailing party under the fee -shifting provisions of the Act focuses on who prevailed ‘on a practical level' by achieving its main litigation objectives.'” (Champir, LLC v. Fairbanks Ranch Assn. (202...
2024.05.22 Motion for Attorney Fees
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ...� in an action to e nforce the CC&Rs. Although the Davis -Stirling Common Interest Development Act does not define “prevailing party,” it “is well established that ‘[t]he analysis of who is a prevailing party under the fee -shifting provisions of the Act focuses on who prevail ed ‘on a practical level' by achieving its main litigation objectives.'” (Champir, LLC v. Fairbanks Ranch Assn. (2021) 66 Cal.App.5th 583, 590; see also Villa ...
2024.05.22 Demurrer to FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ...d plead ing, 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.) 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 sufficiency of the complaint, a court will not consider facts that have not been alleged in the complain...
2024.05.22 Motion to Set Aside Default
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.22
Excerpt: ...the adjudication of legal controversies upon their merits.” (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 255 [citation omitted].) “Thus, the provisions of section 473 of the Code of Civil Procedure are to be liberally construed and sound policy fa vors the determination of actions on their merits.” (Id. [citation and internal quotation marks omitted].) Code of Civil Procedure Section 473(b) (“Section 473(b)”) permi...
2024.05.21 Motion for Attorney Fees 269
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.21
Excerpt: ...um equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code, § 1794, subd. (d).) Courts use the lodestar adjustment method to determine the amount of attorney's fees to award in Song -Beverly actions. (Reynolds v. Ford Motor Co. (2020) 47 C...
2024.05.21 Demurrer, Motion to Strike 083
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.05.21
Excerpt: ...nd order Plaintiffs to meet and confer. Plaintiffs attempted to file an amended complaint rather than oppose the motions, which leads this court to believe that a proper meet and confer effort would likely narrow the issues or obviate the motions altogether. MP Conten tions: Defendants demur to causes of action 10 -13 and 15 for failure to state facts sufficient to constitute a cause of action. The disputed causes of action are for negligence, i...
2024.05.21 Motion for Terminating Sanctions 731
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.05.21
Excerpt: ...equested i n Plaintiff's notices of deposition. Because they refuse to engage in the discovery process and to follow the order of this Court, monetary, issue, and terminating sanctions should be issued. Based on the long history of discovery misconduct by these four defendants, the fact that they have not participated in the litigation in any way, and the fact that all mail sent to their addresses of record with the Court is returned undeliverabl...
2024.05.21 Motion to Set Aside or Vacate Default 850
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.21
Excerpt: ...ent, dismiss al, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, other wise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was tak...
2024.05.21 Motion to Set Aside or Vacate Default, Judgment 967
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.05.21
Excerpt: ...on whether the attorney must be the sole cause of the default in order to rely on the mandatory relief provision. (Dollase v. Wanu Water, Inc. (2023) 93 Cal.App.5th 1315, 1327.) “Some cases say mandatory relief is available only if the party against whom the judgmen t is taken is ‘totally innocent of any wrongdoing and the attorney was the sole cause of the default or dismissal.' [Citation.]” (Ibid.) “Other cases say that mandatory relief...
2024.05.21 Motion to Strike (Anti-SLAPP) 590
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.21
Excerpt: ...ition or free speech un der the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” (CCP § 425.16(b)(1).) An “act in furtherance of a person's right of petition or free speech under the United States or California Const...
2024.05.20 Motion for Summary Judgment, Adjudication 471
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.20
Excerpt: ...ty. Code Civ . Proc. § 437c(f)(1). For purposes of motions for summary judgment and summary adjudication, a plaintiff has met his or her burden of showing that there is no defense to a cause of action if he or she has proved each element of the cause of action entitli ng him or her to judgment on the cause of action. Code Civ. Proc. § 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable i...
2024.05.20 Demurrer
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.05.20
Excerpt: ... the statute of limitations. LAMC challenges the second cause of action for elder abuse on the ground Plaintiff fails to allege sufficient facts to state this statutory cause of action. In the reply brief, however, LAMC withdraws the challenges to the first and third causes of action, and therefore only LAMC's challenge to the second cause of action remains to be determined. “In reviewing the sufficiency of a complaint against a general demurr...
2024.05.20 Demurrer 374
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.20
Excerpt: ...or nonperformance, (3) defendant's breach, and (4) damage to plaintiff therefrom.'” Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178. “If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement must be attached and incorporated by reference.” Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, ...
2024.05.20 Demurrer 574
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.20
Excerpt: ...the First A mended Complaint within the period of time stated above, Defendants Sung Yoon Kim and Omniq, Inc. shall file answers or other pleadings in response to the Second Amended Complaint within 10 days of the expiration of the period of time to amend. (See Cal. R ules of Ct. rule 3.1320(j).) Defendant Sung Yoon Kim (Defendant Kim) and Defendant Omniq, Inc. (Defendant Omniq) demur to the 4th through 9th Causes of Action of the Second Amended...
2024.05.20 Motion for Attorney Fees 398
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.20
Excerpt: ...easonably incu rred by the buyer in connection with the commencement and prosecution of such action.” Civil Code, § 1794, subd. (d). Plaintiff seeks $39,055.50 in attorney's fees representing 78.9 hours billed at $495/hour. There is no dispute between the parties that Pl aintiff is entitled to fees and costs/expenses. The issue in dispute is the amount of attorney's fees. Attorney's fees Courts use the lodestar adjustment method to determine t...
2024.05.20 Motion for New Trial, to Vacate Judgment 390
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2024.05.20
Excerpt: ...for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minutes of the court. . . .” The Notice designates the following grounds as the basis for Plaintiff's Motion: (1) Irregularity in the proc eedings of the court, or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial (California Code of Civil ...
2024.05.20 Motion for Protective Order 642
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.05.20
Excerpt: ...me speci fied in Section 2031.260 to respond to the set of demands, or to a particular item or category in the set, be extended. (3) That the place of production be other than that specified in the demand. (4) That the inspection, copying, testing, or sampling be m ade only on specified terms and conditions. (5) That a trade secret or other confidential research, development, or commercial information not be disclosed, or be disclosed only to...
2024.05.20 Motion for Summary Judgment, Adjudication 325
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.20
Excerpt: ...rty is entitl ed to judgment. Harman v. Mono General Hospital (1982) 131 Cal.App.3d 607, 613. The First Amended Complaint alleges three causes of action against Moving Defendants: 1) Recovery of Stolen Property Under Penal Code § 496; 2) Medical Battery; 3) Business a nd Professions Code § 17200. The FAC also purports to segregate the defendants in two separate categories, namely the Doctor Defendants and Entity Defendants, defined as all non ...
2024.05.20 Motion for Summary Judgment, Adjudication 440
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.05.20
Excerpt: ...o triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 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. . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to...
2024.05.20 Motion to Compel Arbitration 374
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.20
Excerpt: ... action until arbitrati on is completed pursuant to Code of Civil Procedure section 1292.4. The Motion to Compel Arbitration and Stay Action is DENIED. “California statutes create a ‘summary proceeding' for resolving petitions or motions to compel arbitration. ‘The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of ...
2024.05.20 Motion for Summary Judgment, Adjudication 645
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.20
Excerpt: ...Notice is GRANTED. Defendant's Request for Judicial Notice is GRANTED as to Exhibit 1 and DENIED as to Exhibit 2 as unnecessary to the disposition of the Motion. Defendant's Evidentiary Objections to Plaintiff's Evidence is OVERRULED. Plaintiff's Evidentiary Obje ctions to the Declaration of Karen Broderick is OVERRULED. The Court declines to rule on Plaintiff's Evidentiary Objections to the Declaration of Freddie Vega on the grounds that they ar...
2024.05.20 Motion to Seal 447
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.20
Excerpt: ...e following p ortions of the administrative record shall be filed or lodged under seal: 1. Defense Confidential Exh. No. 1: AR075319- AR075362; 2. Defense Confidential Exh. No. 2: AR075363- AR075403; 3. Defense Confidential Exh. No. 3: AR075404- AR075415; 4. Defense Confi dential Exh. No. 4: AR075416- AR075424; 5. Defense Confidential Exh. No. 5: AR075425- AR075465; 6. Defense Confidential Exh. No. 6: AR075466- AR075472; 7. Defense Confid...
2024.05.20 Motions to Compel Further Responses
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.05.20
Excerpt: ...s to form i nterrogatories, set one, (4) motion of Hilton to compel further responses to requests for admissions, set one, (5) motion of Hilton to compel further responses to special interrogatories, set one, (6) motion of defendant Hung Nguyen, D.O. (Nguyen), to comp el further responses to request for admissions, set one, (7) motion of Nguyen to compel further responses to special interrogatories, set one, and (8) motion of Nguyen to compel fur...
2024.05.20 Motion for Summary Judgment, Adjudication 742
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.05.20
Excerpt: ...lems wi th the vehicle or customer did not exist. [Complaint (ROA #2), ¶¶ 10 -17.] If the conditions of the warranties were not met, CLICK APP was required to re -purchase the retail installment sales contract. [Id., ¶¶ 18 -22.] the Arias guaranteed CLICK APP's p erformance: “guarantees the prompt full payment and performance of all indebtedness, obligations, conditions, covenants and agreements.” [Id., ¶¶ 15 -17.] Plaintiff alleges 21 ...
2024.05.20 Motion to Strike 536
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.20
Excerpt: ...university emails used by a cademic professionals employed by public institutions. On September 9, 2020, CSI made a public records request to Respondent Regents of the University of California (“UC”), seeking correspondence relating to four articles authored by Petitioner. Petitioner , an assistant professor at UCI, argues such correspondence should not be subject to a CPRA request because the correspondence does not relate to conduct of the ...
2024.05.20 Motion to Strike 859
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.20
Excerpt: ... is entitled to an award of punitive damages in a sum to be shown according to proof pursuant to California Government Code §§ 12965 & 12970.” (SAC, ¶¶ 125, 142.) 2. “As a consequence of the aforesaid oppressive, malicious, and despicable conduct, Plaintiff is entitl ed to an award of punitive damages in a sum to be shown according to proof at trial.” (SAC, ¶¶ 156.) 3. The 7th Cause of Action for Aiding and Abetting Failure to Reasona...
2024.05.20 Motion to Disqualify 754
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.20
Excerpt: ...ectively, Defendants). Withdrawal of Motion After the filing of this motion, the law firm Kutak Rock LLP was removed as Defendants' Counsel. Defendants contends that the Motion to Disqualify is now moot and, in its reply, Plaintiff withdraws the motion. Therefore, the court will take the Motion to Disqualify off calendar as moot. Sanctions In its reply, Plaintiff also requests monetary sanctions based on alleged misrepresentations or omissions ...
2024.05.20 Motion to Compel Production 755
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.05.20
Excerpt: ...udice. Plainti ff served a subpoena on the OCSD requesting “[a]ll documents relating to case number 22 -02462 -KI, decedent Griffin Cuomo, including, but not limited to, the death certificate, autopsy photographs, notes, and any audio/video recordings.” (Gorelik Decl., ¶ 3 , Ex. 2.) OCSD has refused to produce responsive documents, due to its ongoing investigation of Ramy Fahim who has been charged with Decedent's murder. OCSD cites Evid. C...
2024.05.20 Motion for Summary Judgment, Adjudication 848
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.20
Excerpt: ...liability insurer State Farm paying $800.00 plus up to $3,000.00 for medical expenses, and State Farm proffered to Soto the agreedupon consideration. A release is an instrument by which the signing party (releasor) relinquishes claims or potential claims against on e or more persons (releasees) who might otherwise be subject to liability to him. The existence of a valid release is a complete defense to a tort action against the releasee. See, e.g...
2024.05.17 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.17
Excerpt: ...§ 452(d); Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 658.) Greenhouse first contends that Woolard's claims here are barred based on the doctrines of res judicata and/or collateral estoppel. More specifically, Greenhouse argues that Woolard's claims are barred because of an order granting Greenhouse's summary judgment motion in Smith v. Eric Michael Woolard, Case No. 2020 -01174210 (the “Smith Action”). Courts ...
2024.05.17 Demurrer to Amended Complaint 805
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.05.17
Excerpt: ...Complaint Movin g Defendants' demurrer to the First Amended Complaint is SUSTAINED with leave to amend. Plaintiff shall have 20 days to file and serve a Second Amended Complaint. Unjust Enrichment: The demurrer to the Fifth Cause of Action, for Unjust Enrichment, is SU STAINED with leave to amend. Moving Defendants argue that “unjust enrichment is not a stand -alone cause of action. (ROA No. 101 at pp. 9 -10) The authority Moving Defendants ci...
2024.05.17 Demurrer to Complaint 982
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.05.17
Excerpt: ...pled. (¶¶ 1 -49.) Additional facts can be sought through discovery. Fifth Cause of Action for Fraudulent Inducement – Intentional Concealment Defendant challenges the fraudulent inducement by concealment cause of action on grounds it fails to plead the requisite transac tion Civil Code section 1793.2(a) provides: “Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: . . ....
2024.05.17 Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.17
Excerpt: ...iracy). (Code Civ. Proc., § 430.10(e), (f).) 5th C/A (slander of title) – OVERRULED The fifth cause of action for slander of title alleges the following: While they were married, Plaintiff and Defendant ZENGJIAN CHEN (“Chen”) jointly owned certain real property in the City of Irvine as husband and wife. Defendant Ashanti N. Clark (“Clark”) is a notary in Texas. Defendant Worldwide Signings, Inc. (“WWS”) is a notary agency and Defe...
2024.05.17 Demurrer, Motion to Strike
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.17
Excerpt: ...ty (2012) 208 C al.App.4th 1125, 1135.) Any “ambiguities can be clarified under modern discovery procedures.” (Ibid.) Standing/Capacity. The FAXC alleges MSO “is, and at all times mentioned herein was, a California corporation existing under the laws of the State of C alifornia.” (FAXC ¶ 4.) A demurrer “admit[s] all material facts properly pleaded,'” including this one. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court cannot t...
2024.05.17 Demurrer, Motion to Strike 370
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.05.17
Excerpt: ...es th at moving parties spend much paper arguing facts outside of the pleadings and/or the merits of plaintiffs' claims. (Demurrer at 17:17 -19:25, 22:14- 24:6.) However, it is well settled that a demurrer can be used only to challenge defects that appear on the face of the pleading, or from matters outside the pleading properly subject to judicial notice (Blank v. Kirwan (1985) 39 Cal.3d 311, 318), and that plaintiffs' allegations must be accept...
2024.05.17 Motion for Approval of PAGA Settlement 828
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.17
Excerpt: ...sel also mus t provide a redlined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the sett lement agreement and the proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. T...
2024.05.17 Motion for Attorney Fees 601
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.05.17
Excerpt: ...ed at $495/hour . There is no dispute Plaintiff is entitled to fees and costs/expenses. Defendant contends fees sought are excessive. To support the attorney rates claimed, attorney Haddad listed a sample of median hourly rates for attorneys handling consumer law cases i n Los Angeles, Long Beach, and Anaheim that average $506 per hour. (Haddad Decl., ¶ 26.) The list contains no description of the attorney skill or level of experience, or even t...
2024.05.17 Demurrer 123
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.05.17
Excerpt: ...resent ation requirements are untimely, is unconstitutional because it constitutes a prohibited “gift” of public funds to the victim of the alleged assault. Moving Party supports its arguments by pointing to several recently filed writs addressing the issue of whether AB 218 constitutes an unlawful gift of public funds as applied to claims against public entities for childhood sexual abuse. (See exhibits to RJN, ROA #42.) But the outcome of ...
2024.05.17 Motion for Leave to Intervene
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.17
Excerpt: ...�� (Code Civ. Proc., § 387(d)(1)(A).) “Section 387, subdivision (d)(1)(A) provides for mandatory intervention … where ‘[a] provision of law confers an unconditional right to intervene,' wholly apart from the nature and character of the non -parties interest in the litigation or the issue of adequacy of representation.” (Accurso v. In- N-Out Burgers (2023) 94 Cal.App.5th 1128, 1136, fn. 9.) Section 708.430 of the Code of Civil Procedure s...
2024.05.17 Motion for Sanctions 539
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.17
Excerpt: ...024 (ROA 66), but not filed until April 25. Turning to the merits, Plaintiffs' complaint repeatedly alleges that they (and other consumers) purchased goods or services from “the ‘cisco.com' webpage operated by Cisco,” which the complaint defines as the “Website.” (See, e.g ., Compl. ¶ 1.) Cisco contends this allegation is frivolous because it is impossible to purchase goods or services from the Website, as defined. “A claim is fac...
2024.05.17 Motion for Summary Judgment 422
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.17
Excerpt: ...e is no triable iss ue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the non existence 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.�...
2024.05.17 Motion to Compel Arbitration
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.17
Excerpt: ...l. file d in related case], ¶ 2.) In the Spring of 2021, Defendant Honarkar sought an infusion of capital into his real estate portfolio. (Id. at ¶ 4.) Plaintiff Makhijani and Defendant Honarkar, through their respective corporate entities, agreed to form a new bu siness venture whereby Plaintiff would contribute capital to three newly formed LLCs, while Defendant Honarkar would contribute his ownership interest in the various entities holding...
2024.05.17 Motion to Compel Further Responses
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.17
Excerpt: ... ADAMAS motion to c ompel Defendant CHRISTIAN ESPANA (“Espana”) to provide further, verified responses, without objections to Plaintiff's Request for Production of Documents, Set Two, Nos. 19, 20, 21, 24, and 25. Sanctions was not requested. Both Motions: While the motions a re framed as seeking further responses, Plaintiff does not argue that Defendants' responses are deficient. Rather, Plaintiff argues that Defendants, in their responses,...
2024.05.17 Motion to Compel Further Responses 271
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.17
Excerpt: ...ubd. (a)(1).) If a timely mo tion 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.) No. 7 asks for the identity of all individuals who served on ACSR's Quality Assurance Committee for a certain timeperiod. ACSR objects based on Evidence Code section 1157. Subject to certain exceptions, the “pr...
2024.05.17 Motion to Compel Production of Docs 749
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.17
Excerpt: ...2031.300, subd. ( b).) By failing to serve timely responses, the party to whom the demand is directed waives “any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2031.300, subd. (a).) Merits On September 15, 2023, Plaintiff served first sets of request for production of documents directed to Defendants March, Asante -Bayr...
2024.05.17 Motion to Strike FAC 062
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.17
Excerpt: ...aws of this state, a court rule, or an order of the court. “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).) “[J]udges re ad allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.” (Clauson v. Superior Court (1998) 67 Cal.App...
2024.05.17 Motion for Reconsideration 118
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.05.17
Excerpt: ...gland Decl., reading “when Sunyata used the second fraudulent transfer to claim the right to evict us” is SUSTAINED (relevance, improper legal argument). Defendants' remaining evidentiary objections are OVERRULED. The Court lacks jurisdiction to reconsider it s 1-30- 24 order, as a judgment of dismissal has since been entered as to these defendants. (Safeco Ins. Co. of Illinois v. Architectural Facades Unlimited, Inc. (2005) 134 Cal.App.4th 1...
2024.05.16 Demurrer, Motion to Strike 297
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.16
Excerpt: ... in the act that caused plaintiffs' injuries in this case. The acts were allegedly done by the other defendants. The allegation that the incident occurred on public park property is not enough to hold a public entity liable for the negligence of others. The com plaint does not allege any condition of the park that caused or contributed to the alleged injuries. The allegation that the city had a mandatory duty to protect attendees of the event und...
2024.05.16 Motion for Approval of PAGA Settlement 803
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.16
Excerpt: ...AGA settlements ar e subject to trial court 4 review “to determine whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The court has reviewed and considered the papers filed in support of plaintiff's motion for approval of a $125,569.93 PAGA settle...
2024.05.16 Motion for Approval of Class Action and PAGA Settlement 069
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.16
Excerpt: ...pport of plai ntiffs' motion for preliminary approval of a class 11 estimated high, low and average PAGA payments, and each plaintiff's anticipated total amount (including any individual claims and excluding any enhancement payment). 2. The class members' release is o verbroad. Settlement Agreement ¶¶ JJ; KK. The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alle...
2024.05.16 Demurrers, Motion to Strike 429
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ... in light of the Court's ruling on the demurrer. Defendants request judicial notice nos. 1 -4 are granted. (See Evidence Code § 451(d).) Defendants' request for judicial notice no. 5 is denied. “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine “whether the complaint alleges facts sufficient to state a cause of action or...
2024.05.16 Demurrer, Motion to Strike 524
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ...l grounds not supported. CRC 3.1113(a). The Entire Complaint Defendant argues an unverified complaint cannot amend a verified complaint. The case cited is from 1884 and is not persuasive authority. Defendant has not cited any modern California cases that supp orts this position. Therefore, the Court declines to strike the SAC on this ground. The Fifth and Sixth Causes of Action The fifth and sixth causes of action for covenant of good faith an...
2024.05.16 Demurrer, Motion to Strike 309
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ...t to allege a ca use of action. Statute of Limitations: Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. The FAC alleges that Plaintiffs purchased the Subject Vehicle on May 16, 2012. (FAC, ¶ 7.) The lawsuit wa s filed on February 22, 2023, over seven and a half years after the statute of limitations had run. “A plaintiff must bring a claim within the limitations period after accrual...
2024.05.16 Demurrer 867
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.16
Excerpt: ...ained in th e complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer only tests the sufficiency of the pleadings (See Satyadi v. West Contra Costa Healthcare District (2014) 232 Cal.App.4th 1022, 1028 [in analyzing a demurrer, the court looks only to the f ace of the pleadings and to matters judicially noticeable]). A. Fraud, and Conspiracy to Commit Fraud Plaintiffs fail to state a cause of action for fraud as to Defendants Jin Yong ...
2024.05.16 Demurrer, Motion to Strike 200
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.16
Excerpt: ...rike Defendant's Motio n to Strike portions of the FAC is GRANTED. Defendant requests the court strike FAC ¶¶ 28 -30 and the prayer for punitive damages. A request for punitive damages must be sufficiently alleged pursuant to Civ. Code § 3294. “Not only must there be circumstances of oppression, fraud or malice, but facts must be alleged in the pleading to support such a claim.” (Grieves v. Superior Court, 157 Cal. App. 3d 159, 166 (Ct. Ap...
2024.05.16 Demurrer to FAC 824
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.05.16
Excerpt: ...nt cannot re asonably respond.” (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) Any “ambiguities can be clarified under modern discovery procedures.” (Ibid.) Accordingly, the demurrer on the ground of uncertainty is OVERRULED. CO A 1 – Wrongful Termination in Violation of Public Policy. To state a cause of action for wrongful termination in violation of public policy, a plaintiff must allege (1) an...
2024.05.16 Demurrer 888
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.16
Excerpt: ...rt. Sustained as to causes of action (“COA”) N os. 1, 2, and 6. Overruled as to COA Nos. 3, 4, and 5. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The issue is the suff iciency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as ...
2024.05.16 Motion for Summary Judgment 340
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...ion commonly po ssess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) “The standard of care against which the acts of a physician are to be measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be proved by t...
2024.05.16 Demurrer 746
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ...rmance, (3) th e defendant's breach, and (4) resulting damages to the plaintiff. [Citations.]” (Maxwell v. Dolezal (2014) 231 Cal.App.4th 93, 97- 98.) “An oral contract may be pleaded generally as to its effect, because it is rarely possible to allege the exact words.” (K houry v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) The Complaint fails to adequately plead an oral. Specifically, the Complaint inconsistently p...
2024.05.16 Demurrer 697
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...�if the pleading is so incomprehensible that a defendant cannot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) Page 18 of 33 Here, it is unclear what Plaintiffs are alleging a grievance with. They allege that Plain tiff Aretha Li's saxophone was stolen and that the Placentia Police Department did not adequately investigate the case. They then allege that various police officers, city counc...
2024.05.16 Demurrer 639
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ...(2014) 230 Cal.Ap p.4th 381, 395.) “[F]iduciary duties are either imposed by law or are undertaken by agreement. . .” (Maglica v. Maglica (1998) 66 Cal.App.4th 442, 447.) “Fiduciary duties are imposed by law in certain technical, legal relationships such as those between partners or joint venturers, husbands and wives, guardians and wards, trustees and beneficiaries, principals and agents, and attorneys and clients.” (GAB Bus. Servs., In...
2024.05.16 Motion for Summary Judgment
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.05.16
Excerpt: ...arty may move for s ummary 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 damages, as specified i...
2024.05.16 Motion for Approval of Class Action and PAGA Settlement 830
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.16
Excerpt: ...ce of defen dant's financial situation, including appropriate financial documents such as balance sheets, cash flow statements, and profit and loss statements. any individual claims and excluding any enhancement payment). 3. Paragraph 23(v) of the settlement agreement should be revised to state (i) the parties shall file with the court all disputes submitted by class members, the evidence submitted, and the resolution of the disputes, and (i...
2024.05.16 Motion for Summary Judgment, Adjudication 940
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ...on withi n 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 t o an affirmative defense as to any cause of action, 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 eithe...
2024.05.16 Motion to Quash 121
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.16
Excerpt: ...erifi ed complaint for defamation and civil extortion against defendants. It alleged that Pabriaga, from an Elab e -mail address, sent two e -mails to several California employees of plaintiff wherein he sought at least $100,000 in exchange for not reporting plaintiff for “illegal testing,” as well as not filing “a complaint to the Office of the Inspector General Fraud Division.” The e -mails are attached to the declaration of Ashlie To...
2024.05.16 Motion for Terminating Sanctions, Monetary Sanctions 189
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...leadings of any party engaging in the misuse of the discovery process, an order staying further proceedings by that party until an order for discovery is obeyed, an order dismissing the action, or any part of that action, of that party, or an order rendering a judgment by de fault against that party. (Code Civ. Proc. § 2023.030(d).) Additionally, the Court may impose a monetary sanction ordering that one engaging in conduct that is a misuse of t...
2024.05.16 Motion to Tax Costs 520
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.05.16
Excerpt: ...this cost sh ows it incurred only $507.75 to file its answer and demand for jury trial, and not the $508.95 total claimedunder Items 1a -b. (Opp. at p. 6:15 -20; McIntosh Decl. at Ex. A, p. 1.) (2) $9,050 of the amount sought under item 8b. Defendant's first Code of Civi l Procedure section 998 offers to compromise served on 7/10/23 (hereinafter, the 998 offer) was valid. (See Perez Decl. ¶ 2, Ex. 1 [subject 998 offer]; see also Martinez v. Br...
2024.05.16 Motion to Strike Complaint
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.05.16
Excerpt: ...determination of an anti -SLAPP motion is a two -step process. First, the court determines if the party moving to strike a cause of action has met its initial burden to show that the cause of action arises from an act in furtherance of the moving party's right of pet ition or free speech. Then, if the court determines that showing has been made, the court determines whether the opposing party has demonstrated a probability of prevailing on th...
2024.05.16 Motion to Stay Proceedings 759
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...ober 26, 2023. ( See ROA 81.) Petitioner appears to have filed a Substitution of Attorney on October 30, 2023, indicating that it is now represented by Marc Cohen, Esq. of Cohen Law Group, APC. (ROA 91.) On that same date, Petitioner filed an Association of Counsel indic ating that Allen Matkins Leck Gamble Mallory & Natsis LLP, and attorneys Scott J. Leipzig, Michael R. Farrell, and Tim C. Hsu, are associating in as co -counsel for Petitioner ...
2024.05.16 Motion to Set Aside or Vacate Default and Judgment 108
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.16
Excerpt: ...n favor of the party seeking relief from default. Iott v. Franklin (1988) 206 Cal. App. 3d 521, 526. If a party moves promptly for default relief, or if the granting of the relief from default will not prejudice the opposing party (other than losing the advantage o f the default), only slight evidence will justify an order granting such relief. Ibid. For this reason, “a trial court order denying relief is scrutinized more carefully than an orde...
2024.05.16 Motion to Quash Subpoena 301
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ... by t he Court as grounds for denial. Non -party Bradley Yourist seeks to quash the subpoena which was personally served on him by Plaintiff Usman Chowdry while he was at court. Yourist contends the subpoena impermissible seeks the personal financial records o f Defendants Phase 9 and Tissera from two unrelated civil litigation matters in which Yourist was counsel for the plaintiffs. Code of Civil Procedure section 1987.1 states, in part, “(a)...
2024.05.16 Motion to Tax Costs, Quash Service of Summons and Complaint 313
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.16
Excerpt: ...editor”) is DENIED . On 10/27/22, the Court of Appeal issued a Remittitur which awarded costs to Kreditor. (ROA 117) On 11/14/22, Eoin Kreditor and Fitzgerald Yap Kreditor filed a Memorandum of Costs on Appeal, signed under penalty of perjury by counsel. (ROA119) The Memo o f Costs lists the following costs: 1 - $780.00 for preparation of the original and copies of clerk's transcript of appendix; 2 - $244.00 for preparation of the original and...
2024.05.16 Motion to Dismiss or Stay Complaint for Forum Non Conveniens
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.05.16
Excerpt: ...f motion for one or more of the following purposes: … [t]o stay or dismiss the action on the ground of inconvenient forum.” (Code Civ. Proc., § 418.10, subd. (a)(2).) “When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just.” (Code Civ. ...
2024.05.16 Motion to Compel Further Responses 471
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.16
Excerpt: ...Beach filed a motion to compel further responses to form interrogatories (set one), special interrogatories (set one), and requests for production of documents (set one). The motion included a request for monetary sanctions. No opposition was filed to the motions. Th e court notes that this is not first discovery dispute between the parties over these discovery requests. Last August, the court granted a motion to compel responses to the same d...
2024.05.16 Motion to Compel Further Responses
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.05.16
Excerpt: ...y no. 20.8 and Special Interrogatory no. 14. Defendant's requests for evidence sanctions (Code Civ. Proc., § 2023.030, subd. (c)) are DENIED. Form Interrogatory no. 20.8 and Special Interrogatory no. 14 Defendant presented no evidence it made any attempt to meet and confer with Plaintiff regarding these two interrogatories. (Code Civ. Proc.§ 2030.300, subd. (b)(1).) (See Miller Declaration, ¶¶ 8 -11 and Exhibits C -D to Miller Declaration [De...
2024.05.16 Motion to Compel Arbitration 875
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.16
Excerpt: ... simply st ates that they seek an order “enforcing the arbitration agreement executed” by the plaintiff. They identify themselves as “third party beneficiaries of the arbitration agreement [and] are therefore entitled to have this case submitted to binding arbitrati on and to have the proceedings in this case dismissed.” (ROA 27, 2:8 -10.) The accompanying points and authorities state, however, that “plaintiff executed a binding mutual...
2024.05.16 Motion to Compel Arbitration 482
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.16
Excerpt: ...he existen ce of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the co ntroversy exists, unless it determines' there is a defense to enforcing the agreement. [Citation.] (Brodke v. Alphatec Spine Inc. (2008) 160 Cal.App.4th 1569, 1574.) “‘The petiti...
2024.05.16 Motion to Compel Arbitration 170
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...cation allowing John W . Lomas, Jr. to appear as counsel pro hac vice for Defendant, Thales Avionics, Inc. In reviewing the application for pro hac vice, there appears to be a number of deficiencies. Under California Rules of Court, rule 9.40(c)(1), the applicant must file p roof of service by mail of a copy of the application and of the notice of hearing of the application on the State Bar of California at its San Francisco. Additionally, unde...
2024.05.16 Motion to Compel Arbitration
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.05.16
Excerpt: ...er Assn. v. Pinnac le Market Development (US), LLC (2012) 55 Cal.4th 223, 236 [internal quotations and citations omitted].) The existence of a valid agreement to arbitrate is a “question of arbitrability” to be decided by the court unless the parties expressly agree otherwis e. (Garden Fresh Restaurant Corp. v. Superior Court (2014) 231 Cal.App.4th 678, 684 citing Howsam v. Dean Witter Reynolds, Inc. (2002) 537 U.S. 79, 83 [questions of arbit...
2024.05.16 Motion to Compel Further Responses 984
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.05.16
Excerpt: ...ntified in the responses within 10 days of this Order, and to the extent any responsive documents are withheld on the basis of attorney -client privilege, work product protection, and/or trade secret protection, Plaintiff shall serve a privilege log that identifies the d ocuments withheld and the information necessary to enable the claim of privilege/protection to be evaluated by Defendant. Plaintiff and Plaintiff's counsel shall pay monetary s...
2024.05.15 Motion for Change in Venue
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.15
Excerpt: ...gence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.” (Code Civ. Proc. , § 395, subd. (a); see Williams v. Superior Court for County of Contra Costa (2021) 71 Cal.App.5th 101, 109 [for personal injury claims, venue is proper where the injury occurred, o...
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...
2024.05.15 Motion for Protective Order
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.15
Excerpt: ...nted ann oyance, embarrassment, or oppression, or undue burden and expense.” Specifically, the court may refuse to compel the deposition of a corporate officer at the apex of the corporate hierarchy, absent a reasonable indication of the officer's personal knowledg e of the case and exhaustion of less intrusive discovery methods, given that such “high level” depositions raise a tremendous potential for discovery abuse and harassment. (Libe...
2024.05.15 Motion to Compel Further Responses, for Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.15
Excerpt: ...1: Sex Dis crimination (FEHA) • C/A 2: Harassment on the Basis of Sex (FEHA) • C/A 3: FEHA Retaliation Plaintiff alleges that while she was an employee for the LLC Defendants, Antonio Perez and other kitchen staff were sexually harassing her. Plaintiff alleges tha t Perez had previously worked for the LLC Defendants and had been fired for sexual harassment, but was rehired. Plaintiff alleges that because she refused Perez's advancements, Per...
2024.05.15 Motion to Lift Anti-SLAPP Discovery Stay
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.15
Excerpt: ... the trial court may “for good cause shown, ... order that specified discovery be conducted.” (Ibid.; Balla v. Hall (2021) 59 Cal.App.5th 652, 692.) In the anti- SLAPP context, “good cause” requires “a showing that the specified discovery is necessary for the plaintiff to oppose the [anti -SLAPP] motion and is tailored to that end.” (Britts v. Superior Court (2006) 145 Cal.App.4th 1112, 1125.) “If the plaintiff makes a timely and ...
2024.05.14 Motion to Compel Production 084
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.14
Excerpt: ...NUED to 06/ 25/2024 at 9:00am in Dept. C32. Code of Civil Procedure section 2031.310 provides: “(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand 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 ...
2024.05.14 Motion to Compel Deposition 259
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.05.14
Excerpt: ...y move for an orde r compelling an answer or production against a deponent who has failed to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice. The Motion was timely filed. Defendant's deposition was taken on October 27, 2023 and this Motion was filed on December 12, 2023, less than two months after. Further, Plaintiff mad...
2024.05.14 Motion for Summary Judgment, Adjudication 829
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.05.14
Excerpt: ... merit, and that there are not triable issues as to any material fact. Motion is GRANTED. Plaintiffs plead two causes of action: Negligence and False Imprisonment. Defendants argue that Plaintiffs trespassed at the hotel by not leaving as of checkout time and refusin g to vacate the room even after security was called in notifying Plaintiffs that the police would be called. Indeed, Security Officer Jacinto testified that after security told Bent...
2024.05.14 Motion for Discovery 562
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.14
Excerpt: ... to Compel Deposition of Non-Party Deponents. For example, Plaintiffs have already begun engaging in discovery by issuing business records subpoenas (Subpoenas) to Non -Party Deponents on 9/29/23 (Motion, at. p. 3:5 -7, Exs. A, B), Plaintiffs have already tried to meet and confer with Non- Party Deponents without success (Motion, at. p. 3:8 -11, Exs. A, B; see also Declaration of Salar Atrizadeh, ¶¶ 4, 9), Plaintiffs contend they “have the ri...
2024.05.14 Demurrer, Motion to Strike 756
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.14
Excerpt: ...may consider Plaintiff's non-opposition as an abandonment of any opposition to the arguments raised by Defendants in the motion to strike. Herzberg v. County of Plumas, 133 Cal. App. 4th 1, 20 (2005). Accordingly, the motion to strike is GRANTED WITHOUT LEAVE TO AMEND in its entirety. II. Demurrer to Complaint Defendants additionally filed a demurrer to the complaint, attacking the first cause of action for disability discrimination, second cau...
2024.05.14 Demurrer 798
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.14
Excerpt: ...he breach of contract allegations against it versus Cross- Defendant Tierney is unclear. Cross -Complainant responds that Movant is liable based on the alter ego allegations contained at paragraph 5 of the Cross -Complaint. “In California, two conditions must be met before the alter ego doctrine will be invoked. First, there must be such a unity of interest and ownership between the corporation and its equitable owner that the separate personal...
2024.05.14 Demurrer 370
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.14
Excerpt: ...onship to another which induces justifiable reliance by the latter to his prejudice.' Actual reliance and causation of injury must be shown.'” Prakashpalan v. Engstrom, Lipscomb & Lack, 223 Cal. App. 4th 1105, 1131 (2014) (internal citations omitted). “[T]he elements of a repres entation and falsity, are absent from constructive fraud. The fraud consists of the breach of the fiduciary duty of disclosure of relevant matters arising from the ...
2024.05.13 Motions to Set Aside 061
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13
Excerpt: ...ight Writs of At tachment issued on January 17, 2024. “[A]lthough in a motion under section 485.240 the defendant is the moving party, the plaintiff nevertheless continues to have the burden of proving (1) that his claim is one upon which an attachment may be issued and (2 ) the probable vali dity of such claim, th e same burden h e must meet under sec tio n 484.090.” ( Loeb & L oeb v. Beverly Glen Music (1985) 166 Cal.App.3d 1110, 1116.) Def...
2024.05.13 Motions to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.13
Excerpt: ...ation and Production of Documents, Set One to OSL (“Motion 1”); (2) Plaintiff's Motion to Compel Further Responses, etc., filed as ROA 49 on 1/18/24, concerning Plaintiff's Form Interrogatories, Set One to OSL (“Motion 2”); (3) Plaintiff's Motion to Compel Further Responses and Documents, etc., filed as ROA 123 on 2/8/24, concerning Plaintiff's Request for Identification and Production of Documents, Set One to OMG (“Motion 3”); and...
2024.05.13 Motions to Compel Deposition
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.13
Excerpt: ...d a valid objection under S ection 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, …the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production...” (Code Civ. Pro c., § 2025.450.) “[A]ny party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or i...

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