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2024.05.09 Demurrer 712
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.09
Excerpt: ...). Pla intiffs allege that defendants know about the bedbug infestation in their room and failed to completely eradicate it. [Complaint, ¶¶90 -91] From this, the reckless disregard of the probability of emotional injury is alleged. [Complaint, ¶94] These alleg ations are sufficient to state two of the elements. However, defendants have not alleged “severe” emotional distress. “Severe emotional distress [is] emotional distress of substant...
2024.05.09 Motion for Attorney Fees 254
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.09
Excerpt: ...lear.” Plaintiff resubmitted a copy of the declaration with a visible signature. (ROA 248 [Not. of Errata, Exh. B].) In light of the “corrected” declaration, Defendants' evidentiary objections are overruled. The Court may properly consider the Stelzer Declaration and exhi bits attached thereto. (Gall v. Smith & Nephew, Inc. (2021) 71 Cal.App.5th 117, 125.) Plaintiff moves, under Rules 8.278 and 3.1702, for an order fixing the amount of att...
2024.05.08 Motion to Seal Certain Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.08
Excerpt: ...elez [RO A # 1104], are sealed. Statement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2...
2024.05.08 Motion to Quash, Demurrer
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.05.08
Excerpt: ...ode Ci v. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581(h).) Here, Defendant, a Utah resident, asserts the cou rt lacks personal jurisdiction over him as it relates to Plaintiff's complaint. Defendant submits evidence showing he has been a resident of Utah since 2015, has a Utah driver's license, ...
2024.05.08 Motion for Monetary Sanctions
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.05.08
Excerpt: ...ubstitutions of attorn eys have been filed such that Ms. Maxwell and Mr. Trela no longer represent any of Defendants, after previously representing all Defendants. The motion is made pursuant to Code of Civil Procedure sections 128.5 and 128.7(b). The motion and arguments in support of it are sparse, but it is clear the motion is based on the mistrial declared in this action on September 12, 2023, after Ms. Maxwell and Mr. Trela declared a con�...
2024.05.08 Motion for Attorney Fees
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.05.08
Excerpt: ...ent infliction of emotional distress and one of the two defamatory statements alleged as the basis for the first cause of action for defamation (and the court of appeal affirmed that ruling). The governing analysis for a fee motion regarding a partially successfu l special motion to strike was described in Mann v. Quality Old Time Serv., Inc. (2006) 139 Cal.App.4th 328, 344- 345: “An award of attorney fees to a partially prevailing defendant ...
2024.05.08 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.08
Excerpt: ... of two terms: (1) six months after the person's death, or (2) the limitation period that would have been applicable had the person not died.” Parsons v. Tickner (1995) 31 Cal. App. 4th 1513, 1525; Code Civ. Proc., § 377.30. The two -year statute of limitations, CCP § 335.1, applies to statutory elder abuse and negligence claims. Defendant argues the statute of limitations has run, even with the application of Emergency Rule 9(a), which s...
2024.05.08 Demurrer 879
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.08
Excerpt: ...action for breach of contrac t requires pleading of a contract, plaintiff's performance or excuse for failure to perform, defendant's breach, and damage to plaintiff resulting therefrom.” (Munoz v. MacMillan (2011) 195 Cal.App.4th 648, 655.) “A written contract may be pleaded either b y its terms— set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference— or by its lega...
2024.05.08 Demurrer 741
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.08
Excerpt: ...moot as to paragraphs 56 and 86. It is denied as to paragraph 120 and granted with 15 days leave to amend as to paragraph 73. Demurrer A demurrer can be used only to challenge defects that appear within the “four corners” of the pleading – which includes the pleadi ng, any exhibits attached, and matters of which the court is permitted to take judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) ...
2024.05.08 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.08
Excerpt: ...on, and application of the economic loss rule to the fourth, fifth, and sixth causes of action. The Court finds Defendants complied with their meet and confer obligations prior to filing the Demurrer. Statement of the Law “The party against whom a complaint or cros s-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does...
2024.05.07 Motion for Summary Judgment, Adjudication 350
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.05.07
Excerpt: ...IED. Code of Civil Procedu re section 437c(p)(1) provides that, “[f]or the purposes of motions for summary judgment and summary adjudication: (1) A plaintiff or crosscomplainant has met his or her burden of showing that there is no defense to a cause of action if that party has prov ed each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross -complainant has met that burden, the bur...
2024.05.07 Demurrer 119
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.07
Excerpt: ...cts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a p leading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empi...
2024.05.07 Demurrer 816
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.05.07
Excerpt: ... 872, 889 [or dinarily no basis for judicial notice of content of government web sites].) As to Ex. B, judicial notice is limited to the fact that the declaration and exhibits were filed, but not of the truth of their contents. (Williams v. Wraxall (1995) 33 Cal.App.4 th 120, 130, FN 7.) Timeliness: defamatory statements. “Case law requires that statements alleged to constitute libel ‘must be The SAC now adequately alleges delayed discovery ...
2024.05.07 Motion for Attorney Fees 540
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.07
Excerpt: ...�the court, in its discretion, may award to the prevailing party…reasonable attorney's fees and costs…except that…a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.” (Gov. Code, § 12965(c)(6); Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 115.) �...
2024.05.07 Motion for Summary Judgment 049
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.05.07
Excerpt: ...en of show ing that an essential element of the plaintiff's claim cannot be established by presenting evidence that the plaintiff “does not possess and cannot reasonably obtain, needed evidence.” (Lona v Citibank, N.A. (2011) 202 CA4th 89, 110.) Only after a defendant meets that burden, does the burden shift to the plaintiff to produce admissible evidence showing the existence of a triable issue as to a cause of action or complete defense...
2024.05.07 Demurrer 017
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.05.07
Excerpt: ...d to the “fou r corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully dra wn 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 complai...
2024.05.07 Motion to Compel Arbitration 322
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.05.07
Excerpt: ...posing the petit ion bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. [Citation.] In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary eviden ce, as well as oral testimony received at the court's discretion, to reach a final determination.'” (Lane v. Francis Capital Management LLC (2014) 224 Cal.App.4th 676, 683.)...
2024.05.07 Motion to Compel Completion of Deposition 935
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.05.07
Excerpt: ...not apply to “ any case brought by an employee or applicant for employment against an employer for acts or omissions arising out of or relating to the employment relationship”], 2025.480 [authorizing motion to compel answers at deposition].) Plaintiff's evidentiary obje ction no. 3 to the Thomas Decl. is SUSTAINED [relevance]. Plaintiff's remaining evidentiary objections are OVERRULED. The motion is GRANTED as to a second session of plaintiff...
2024.05.07 Motion to Compel Deposition 906
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.07
Excerpt: ... after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the depositio...
2024.05.07 Motion to Compel Physical, Mental Exam 342
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.05.07
Excerpt: ... her mental examination on 11/17/23 per the parties' agreement. But, this is not supported by the evidence included with the motion. In particular, the Court notes that the last email sent between the parties regarding the proposed 11/17/23 examination date was an email on 11/8/23 from Defense counsel to Plaintiff's counsel stating: “Dr. Lavid is available on Nov. 17th for the IME. Please confirm that date so we can get it on calendar.” (Fel...
2024.05.07 Motion to Compel Related Request for Production 899
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.05.07
Excerpt: ...D. (See Code Civ. Proc. § 2031.300.) As an initial point, plaintiff's points and authorities incorrectly reference a motion to compel responses to interrogatories, not a response to inspection demands. As the error did not prejudice defendant's ability to prepar e a response on the merits, the court is going to treat the motion as one to compel responses to inspection demands. A motion to compel responses to discovery requires the moving party t...
2024.05.07 Motion to Enforce Settlement 526
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.05.07
Excerpt: ...reinafter refer red to as “La Palma Intercommunity Hospital”). La Palma Intercommunity Hospital further seeks reimbursement of costs of motion from Plaintiff in the amount of $2,670.00. This Motion is made pursuant to Code of Civil Procedure section 664.6, et seq. Code Civ. Proc., § 664.6 (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for set...
2024.05.07 Motion to Compel Arbitration 512
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.05.07
Excerpt: ...ty se eking arbitration has the “burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its def ense.” The trial court “sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its dis...
2024.05.06 Motion for Leave to File Amended Complaint 087
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...ations about the curren t status of construction. The Association has submitted a copy of the proposed FASCC with the moving papers as Exhibit A and a redlined copy of the proposed FASCC as Exhibit 5 to the Declaration of Justin Nash. The Court may, in the furtherance of justic e, and on such terms as may be proper, allow amendment of a pleading at any time before or after commencement of trial. Code of Civil Procedure §§ 473(a)(1), 576.) In ad...
2024.05.06 Demurrer 446
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.06
Excerpt: ..., no matter how u nlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial n otice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. (Day v. Sharp (1975) 50 ...
2024.05.06 Demurrer 471
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.06
Excerpt: ...y the leg al sufficiency of the affected pleading, 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.) For this reason, the court will not de cide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Instead, the court “treat[s] the demurrer as admitting all material ...
2024.05.06 Demurrer 857
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.06
Excerpt: ...gations 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.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Instead, the court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law...
2024.05.06 Demurrer 881
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.06
Excerpt: ...rd for Demurrer A demurrer challenges only the legal sufficiency of the affected pleading, 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.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Instead, the court “treat[s] ...
2024.05.06 Demurrer, Motion to Seal 282
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.06
Excerpt: ...l declaration concerning th e parties' meet and confer efforts pursuant to the Court's March 11, 2024 Order. The Court will address the merits. I. First Cause of Action for Breach of Fiduciary Duty The three elements of a cause of action for breach of fiduciary duty are the existenc e of a fiduciary relationship, breach of fiduciary duty, and damages. Oasis West Realty, LLC v. Goldman, 51 Cal. 4th 811, 820 (2011). The Complaint alleges that De...
2024.05.06 Demurrer, Motion to Strike 768
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.06
Excerpt: ... cross -complaint has b een filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: ¶ (e) The pleading does not state facts sufficient to constitute a cause of action. ¶ (f) The pleading is uncertain.” In this action, plaintiff alleges she was hired by Cao to provide caretaking assistance for Zhang at an Irvine residential property. Plaintiff also alleges Cao was a r...
2024.05.06 Motion for Attorney Fees 104
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...ly rate.” PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095. “The reasonable hourly rate is that prevailing in the community for similar work. [Citation.] The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order t o fix the fee at the fair market value for the legal services provided.” Id. “As the plain wording of section 1794, subdivision (d) makes clear, the trial court is ‘t...
2024.05.06 Motion for Summary Judgment 992
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.06
Excerpt: ...n a medical negligence claim, when a defendant moves for summary judgment and supports the motion with expert declarations that the defendant's conduct fell within the community standard of care, the defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence. (Hanson v. Grode (1999) 76 Cal.App.4th 601, 607.) Regarding causation, the plaintiff must offer an expert opinion that contains a reasoned...
2024.05.06 Motion for Sanctions 977
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.06
Excerpt: ...28.7. Therefore, this motion is effectively MOOT as a First Amended Complaint has been filed. Here, the Plaintiff filed its Complaint on April 17, 2023. On November 14, 2023, Defendant served the instant motion. Sale Decl., ¶ 4, Ex. 7. Notably, the original Complaint did inclu de causes of action for fraudulent concealment and fraudulent inducement. In compliance with the safe harbor provision, on December 21, 2023, Defendant filed this Motio...
2024.05.06 Motion to Compel Arbitration 634
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.06
Excerpt: ...an initial matter, the Court notes that Plaintiffs failed to timely file and serve their Opposition. As a result, the Court will not consider the merits of the Opposition in ruling on this Motion. A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. Code Civ. Proc., § 1281.2. “The trial court may resolve motions to compel arbitration in summary proceedings, in which...
2024.05.06 Motion to Compel Arbitration 836
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.06
Excerpt: ...rden 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 proving by a preponderance of the evidence any fact necessary to its defense. In these summary proceedings, the trial co urt sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court's discretion, to reach...
2024.05.06 Motion to Quash Service of Summons 027
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.06
Excerpt: ... (1994) 24 Cal. App.4th 1426, 1444.) “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove … the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal. App.4th 403, 413, internal quotes omitted.) However, if a proof of service complies with the applicable statutory requirements, its filing creates a rebuttable presump...
2024.05.06 Motion to Seal 653
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...ed in court and us ed at trial or submitted as a basis for adjudication. Substantive courtroom proceedings in ordinary civil cases, and the transcripts and records pertaining to these proceedings, are presumptively open.” McNair v. National Collegiate Athletic Assn. (2015) 234 Cal.App.4th 25, 31; In re Marriage of Nicholas (2010) 186 Cal.App.4th 1566, 1575 [strong presumption of public access to court records]; California Rules of Court, rule 2...
2024.05.06 Motion to Tax Costs 280
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...arges, the verifi ed memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. Ladas v. California State Auto. Ass'n. (1993) 19 Cal.App.4th 761, 774– 776; Jones v. Dumri chob (1998) 63 Cal.App.4th 1258, 1266. On the other hand, items which are properly objected to are put in issue, and the burden of proof is on the party claiming them as co...
2024.05.06 Motion to Vacate 344
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...onsolidate for all p urposes Superior Court Case No. 30-2020 - 01171344- CU-OE -CJC and 30- 2022-01286992- CU-JR -CJC is CONTINUED to July 29, 2024, at 1:45 PM in Department C15. Request to Vacate ODA of Labor Commissioner: A trial court “may, on motion of either party after notice to the other party, set aside any void judgment or order.” Code of Civil Procedure, § 5 473(d). “A judgment can be void for lack of personal or subject matter j...
2024.05.06 OSC Re Contempt 863
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.06
Excerpt: ...ourt's ord er issued January 16, 2024, as alleged in Paragraph 3.b.2 of the [Proposed] OSC re: Contempt (ROA #174). At that time and on that date, the court will hold the arraignment and set a further hearing, evidentiary hearing, or trial, as the case may be. Plai ntiffs Leah Rae Knoll; PHA Professional Services, Inc. dba DC Plumbing, Heating and Air Conditioning; and SC Equipment Company, LLC are ORDERED to personally serve Defendant David L. C...
2024.05.03 Application for Determination of Good Faith Settlement 088
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.03
Excerpt: ... settled with Plaintiff for $15,000, which is the policy limit of the only applicable insurance policy he had at the time of the subject accident. Defendant City of Fountain Valley filed a timely motion to contest Eulberg's application for determination of good faith settlement. C ode of Civil Procedure section 877.6 applies to a settlement between a plaintiff and an alleged tortfeasor or an alleged coobligor on a contract debt. (Code Civ. Proc....
2024.05.03 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.03
Excerpt: ...al.App.5th 113, 119, 125126 & fn. 4 (Lawndale) [elements, duty, public entity vicarious liability]; C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 868 (Hart) [noting “‘the general rule ... that an employee of a public entity is liable for hi s torts to the same extent as a private person [citation] and the public entity is vicariously liable for any injury which its employee causes [citation] to the same extent as a pr...
2024.05.03 Motion for Preliminary Approval of Class Action Settlement 025
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.03
Excerpt: ...class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. Are there any other actions, whether individual, class, or PAGA (including in the pre -filing LWDA stage) that may be affected by this set tlement? 2. Will employer -side taxes be paid separately from and in addition to the GSA, or will they be paid from the GSA? If the latter, please explain why they are paid fro...
2024.05.03 Motion for Attorney Fees 344
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.03
Excerpt: ...t particular gro und, the matter is properly before the court and the defect in the notice of motion should be disregarded. [Citation].” (Carrasco v. Craft (1985) 164 Cal.App.3d 796, 808.) Here the notice states the Motion is being made upon the accompanying papers. Thus, the defect in the notice is disregarded. Attorneys' Fees “[T]he fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reason...
2024.05.03 Motion for Preference 533
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.03
Excerpt: ...rant a motion for preferenc e that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interest of justice will be served by granting the preference. (e) Notwithstanding any other provision of law, the court may in its discretion grant a motion fo...
2024.05.03 Demurrer 153
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.03
Excerpt: ...-regarded practice guide has note d that motions to strike and demurrers should be filed as separate documents. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 7:162.1.) In any event, Defendants only reserved one hearing for both the demurrer an d motion to strike. Counsel are reminded that for future motions, accurate reservations for motions must be made so that the court can properly allocate resour...
2024.05.03 Motion for Preliminary Approval of Class Action Settlement 664
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.03
Excerpt: ...ubmitted, a redl ine showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. The 20% of the NSA allocated to AWS subclass members will be distributed on a workweeks basis. Does the subclass distribution count all workweeks worked by AWS subclass members, or only workweeks while they were subject to an AWS? 2. Waiting time subclass members will get credited with an extra six workweeks. For persons who are b...
2024.05.03 Motion to Disqualify Counsel 555
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.03
Excerpt: ...d. (a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal.App.3d 572, 575.) Plaintiffs argue that Richards' representation of Defendant would violate the advocate -witness rule. Rule of Professional Conduct 3.7(a) provides: (a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncont...
2024.05.03 Motion to Set Aside, Vacate Default 786
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.03
Excerpt: ...sition of th is Motion. Defendant's Evidentiary Objections to the Declaration of Michael Clauss are OVERRULED. Relief from Default and Default Judgment: Default was entered against Defendant on October 23, 2023 (ROA No. 147). Defendant requests both mandatory and d iscretionary relief under Code of Civil Procedure Section 473, subdivision (b). As to mandatory relief, section 473, subdivision (b) provides: “Notwithstanding any other requirements...
2024.05.03 Motion for Sanctions 558
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.03
Excerpt: ...to provide dis covery. (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evide nce sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discr...
2024.05.03 Motion to Dismiss Action
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.05.03
Excerpt: ...d applied. (Code Civ. Proc., §§ 583.310, 583.360.) “The provisions of section 583, Code of Civil Procedure, which require an action to be dismissed for want of prosecution if not brought to trial within five years, are mandatory; and the trial court has no discretion but to grant the motion, except where the action has been continued by a written stipulation filed with the court, or where it is shown that the defendant has been absent from ...
2024.05.03 Motion to Compel Responses, to Deem RFAs Admitted 749
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.03
Excerpt: ...rve a timely response.” (Code Civ. Proc., § 2030.290, subd. (b).) By failing to serve timely responses, BAT, Inc. waived “any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based o n privilege or on the protection for work product.” (Code Civ. Proc., § 2030.290, subd. (a).) A propounding party may move for an order compelling responses to a demand for...
2024.05.03 Motion to Compel Arbitration 923
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.03
Excerpt: ...part of plai ntiff's Eleventh Cause of Action under PAGA. (Memorandum of Points and Authorities at 6:12 -14, 6:19- 20, 7:10-11, 7:16-17, 7:2425, 8:10 -12 and 11:15- 16.) After filing the motion, however, defendant substituted in new counsel, and then in its reply brief, defendant argued for the first time that plaintiff's “individual PAGA claim” should be arbitrated. This is a new argument that unfairly and improperly expands the scope of d...
2024.05.02 Demurrer 096
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.02
Excerpt: ...ing pool. The allegations are insufficient as to whether this was intentional on the part of defendants or just mere negligence on the part of the construction/demolition crew. Motion to Strike The motion of defendants to strike portions of the first amended complain t is GRANTED in part and DENIED in part. As to Item No. 11, the court is aware of no legal authority allowing a claim for punitive damages in a declaratory relief cause of action. T...
2024.05.02 Demurrer 353
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ... declaration in accord ance with the Court's January 11, 2024 Minute Order. Said declaration provides that the parties met and conferred via telephone on February 7, 2024, per the Court's ruling, and that they were unable to come to an agreement as to any issue. (Declaration of Jason M. Fodrini, ¶¶ 5 -8.) First Cause of Action for Breach of Contract Defendant contends that the Complaint is brought on behalf of five plaintiffs living in three s...
2024.05.02 Demurrer 931
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.02
Excerpt: ...d on case law have no application to the facts of this case and thus the demurrer should be sustained without leave to amend. Code of Civil Procedure section 430.20 authorizes a demurrer to an answer where the answer does not state facts sufficient to constitute a defense or is uncertain. Whether an answer states a defense is generally governed by the same principles which are applicable in determining if a complaint states a cause of action. (So...
2024.05.02 Demurrer to FAC 695
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ... state law, (2) deprived plaintiffs of rights secured by the Constitution or federal statutes.” (Murchison v. County of Tehama (2021) 69 Cal.App.5th 867, 883.) While municipalities may be held liable for causing a constitutional deprivation inflicted by its employee s or agents, Monell v. Department of Social Services (1977) 436 U.S. 658, 690, neither a state nor its officials acting in their official capacities can be held liable under it, Wi...
2024.05.02 Demurrer to SAC 296
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ...iary duty causes of action o n the grounds they are not sufficiently pled. Plaintiff did not file an Opposition. Whether the Action is Barred by the Statute of Limitations? Page 18 of 33 Defendant contends that the gravamen of Plaintiff's action is for negligence despite the fact that he asserts causes of action for misrepresentation, breach of written contract, and breach of fiduciary duty. Defendant contends that Plaintiff “reframed” his ...
2024.05.02 Demurrers to SAC 906
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.05.02
Excerpt: ...ral and con clusory allegations do not suffice; policy of liberal construction of the pleadings will not ordinarily be invoked. Murphy v. BDO Seidman, LLP (2003) 113 Cal. App. 4th 687. That specificity has not been achieved with the representations themselves. Fo r example, paragraphs 17 through 21 are incorporated into the first cause of action, but the allegations of paragraph 44 only serve to confuse those allegations. That paragraph states:...
2024.05.02 Motion for Protective Order 860
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.02
Excerpt: ...annoyance, embarrassmen t, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420(b).) The party seeking a protective order bears the burden of proving that good cause exists for the order. (Emerson Electric Company v. Superior Court (1997) 16 Cal.4th 1101, 11 10.) “Generally, a deponent seeking a protective order will be required to show that the burden, expense, or intrusiveness involved in … [the discovery procedure] ...
2024.05.02 Motion for Summary Judgment 723
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ...favor and against the afor ementioned parties as to the five issues regarding Plaintiffs' causes of action for negligence, strict products liability, private nuisance, and trespass which are asserted against Craig. Notice Plaintiff, Citizens Insurance Company of America, (“Plaintiff” or “Citizens”) contends that that motion should be denied as Craig failed to provide proper 75 days' notice as required by Code of Civil Procedure section 4...
2024.05.02 Motion for Summary Judgment 935
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ...inst the aforementio ned parties on three issues. Notice Plaintiff, Citizens Insurance Company of America, (“Plaintiff” or “Citizens”) contends that that motion should be denied as Craig failed to provide proper 75 days' notice as required by Code of Civil Procedure section 437c. 75-days' notice is required on a motion for summary judgment. (Code Civ. Proc. § 437c(a)(2).) Code Civil Procedure section 437c(a)(2) states, “Notice of the m...
2024.05.02 Motion for Summary Judgment, Adjudication 014
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.05.02
Excerpt: ... made the initial showi ng by: - Presenting evidence that Defendants CCR and Gleason observed corporate formalities such that imposition of alter ego liability is inappropriate. (SSUMF Nos. 1 -18.) - Presenting evidence that Plaintiff cannot establish the element of damages. (SSUM F Nos. 30-33.) - Presenting evidence that Plaintiff cannot establish the element of intent to disrupt, necessary to sustain his claim for Intentional Interference with ...
2024.05.02 Motion to Compel Further Responses 123
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ...nses dee med improper by the propounding party; e.g., objections, or evasive or incomplete answers. [Code Civ. Proc. § 2030.300.] Additionally, failing to respond to Form Interrogatories within the time limit waives most objections to the interrogatories, includin g Page 4 of 33 claims of privilege and “work product” protection. [Code Civ. Proc. § 2030.290(a).] In this instance, Plaintiff propounded Form Interrogatories to Connell Chevrolet...
2024.05.02 Motion to Dismiss for Forum Non Conveniens
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.05.02
Excerpt: ...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.” (Cal. Civ. Proc. Code § 410.30(a), see also § 418.10.) In dete rmining whether to grant a motion based on forum non conveniens, courts usually apply a two -step process. (Stangvik, supra, 54 Cal.3d at p. 751.) In the first step, the cour...
2024.05.02 Motion to Disqualify Counsel 931
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.02
Excerpt: ... (1989) 207 Cal. App. 3d 291, 299) “Motions to disqualify counsel present competing policy considerations. On the one hand, a court must not hesitate to disqualify an attorney when it is satisfactorily established that he or she wrongfully acquired an unfair advantage that undermines the integrity of the judicial process and will have a continuing effect on the proceedings before the court. [Citations.] On the other hand, it must be kept in min...
2024.05.02 Motion to Set Aside, Vacate Default, Judgment 993
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.02
Excerpt: ...inst it on equitable grounds for extrinsic mistake. “Apart from any statute, courts have the inherent authority to vacate a default and default judgment on equitable grounds such as extrinsic fraud or extrinsic mistake.” (Bae v. T.D. Service Co. of Arizona (2016) 245 Cal.App.4th 89, 97.) In seeking relief, the moving party must: (1) “demonstrate that it has a meritorious case”; (2) “articulate a satisfactory excuse for not presenting a ...
2024.05.02 Motion to Strike
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.05.02
Excerpt: ... punitive damages allegations and the request for attorney's fees from the FAC. Corporations Code section 17708.07(a) states: “A foreign limited liability company transacting intrastate business in this state shall not maintain an action or proceeding in this state unless it has a certi ficate of registration to transact intrastate business in this state.” Corporations Code section 17708.03(a) states: “A foreign limited liability company t...
2024.05.02 Motion to Strike FAC
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.05.02
Excerpt: ...matters include: al legations 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 allegations of the complaint. (Code Civ. Proc., § 431.10(b).) A motion to s trike can also strike legal conclusions. (Weil & Brown (2022) Cal. Prac. Guide, Civil Proc. before Trial, ¶ 7:179.) Conclusory allegations are permitted, however, if they a...
2024.05.02 Petition for Writ of Mandamus 265
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.02
Excerpt: ...ng (“APS”) held on 07/24/23 before hearing officer G. Haros (“Haros”). Haros issued his decision following the APS on or about 08/04/23 (“Decision”). Petitioner lodged copies of all evidence (except for a video) produced at the hearing, the hearing transcript (“HT”), and the De cision with the court. The court first notes that Petitioner stipulated to issues of driving, lawful arrest, and advisement of what would happen if Petiti...
2024.05.02 Motion to Compel Arbitration and Stay Action 786
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.02
Excerpt: ... This action was initiated on 08/25/23, when Plaintiff file d the Complaint. The Complaint contains sixteen causes of action relating to her employment at Rubio's and her subsequent termination therefrom. The parties dispute whether a valid arbitration agreement exists between the parties and whether the Endin g Forced Arbitration Act of 2022 (“EFAA”) applies to the entire action. 1. Is There an Agreement to Arbitrate that Covers the Claims ...
2024.05.01 Demurrer 486
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.01
Excerpt: ...ed to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 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 complain...
2024.05.01 Application for Right to Attach Order, Writ of Attachment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.01
Excerpt: ...n which t he attachment is based is one upon which an attachment may be issued; (2) the plaintiff has established the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Code Civ. Proc., § 484.090(a)(1) -(4).) If an action is against a defe...
2024.05.01 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.01
Excerpt: ...without le ave to amend. Analysis A. Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.  When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720 -21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or v ia ...
2024.05.01 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.01
Excerpt: ...gations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no d efense to the action or proceeding.” (Code Civ. Proc., § 437c, subd. (a)(1).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no...
2024.05.01 Demurrer to SAP for Writ of Mandate 417
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.01
Excerpt: ...udicial notice of three d irectives issued by CalSTRS (in 2019, 2022, and 2023) are denied. All three directives are directed at fiscal years after the time period at issue in the SAP (2017 -18 fiscal year) and do not appear relevant to the allegations in the SAP. (Bell v. Greg Ag ee Construction, Inc. (2004) 125 Cal.App.4th 453, 459, fn. 2.) District's unopposed request for the Court to take judicial notice of District's Board policy number 33...
2024.05.01 Motion to Compel Further Responses 262
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.01
Excerpt: ...- 77. The court is inclined to deny as to the remaining RFAs. Motion to Compel Further Responses to RFPs Code Civ. Proc. section 2031.310 provides, in relevant part, that “any party may obtain discovery” by “inspecting, copying, testing, or sampling documents, tangible t hings, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” Code Civ. Proc., § 2031.01...
2024.05.01 Motion to Quash Deposition Subpoena for Production of Medical Records
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.01
Excerpt: ... to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum.” (Code Civ. Proc., § 1985.3, subd. (g).) “Personal records” include “any copy of books, documents, other writings, or electronically stored information pertaining to a consumer and which are maintained by any ‘witness' which is a physician, …, hospita...
2024.05.01 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.01
Excerpt: ...ntic Richfield Co. (2001) 25 Cal.4th 826, 850; Code Civ. Proc. § 437c, subd. (p)(1).) “Once the plaintiff ... has met that burden, the burden shifts to the defendant ... to show that a triable issue of one or more material facts exists as to that cause of action or a defen se thereto. The defendant ... may not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall se...
2024.04.30 Motion for Summary Judgment, Adjudication 157
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.04.30
Excerpt: ...d in the Decl aration. Plaintiff presents no reason to believe that the applicable standard of care changed in this short time period. Plaintiff's objections to Exhibits 3- 5 are OVERRULED. “A party may move for summary judgment in an action or proceeding if it is conten ded that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c(a)(1).) In a medical malpractice action, when a defendant...
2024.04.30 Demurrer 138
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.04.30
Excerpt: ...h the moving papers. [CRC 3.1320(c).] While the Court's ruling is not based on these defects, the Court reminds Defendants to comply with the CCP and CRC, moving forward. Notably, the fact that plaintiffs are in pro per does not afford them special treatment. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246- 1247.) Pro pers must also abide by the same procedural rules – e.g., the Code of Civil Procedure and the California Rules of Court. (See Ga...
2024.04.30 Demurrer to Amended Complaint, to Quash 360
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.04.30
Excerpt: ...s of fraud based on false promises and/or misrepresentations and concealment, respectively. “‘The elements of fraud that will give rise to a tort action for deceit are: '(a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsi ty (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.' ” (Engalla v. Permanente Medical Group, Inc. ...
2024.04.30 Motion for Attorney Fees 409
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.30
Excerpt: ...TTORNEYS' FEES The successful defendant on an anti -SLAPP motion is entitled to recover its attorney fees and costs as a matter of right. (Code Civ. Proc., § 425.16, subd. (c); Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131, 104 Cal.Rptr.2d 377, 17 P.3d 735 [“any SLAPP d efendant who brings a successful motion to strike is entitled to mandatory attorney fees”].) Unless the results of the anti - SLAPP Motion were so insignificant that defenda...
2024.04.30 Demurrer, Motion to Strike 455
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.04.30
Excerpt: ...allegations relat ed to punitive damages and attorney fees. The demurrer is OVERRULED. First, the court finds that the allegations alleged in the First Amended Complaint are sufficient to plead a cause of action for elder abuse and neglect pursuant to Elder Adult and Depend ent Adult Civil Protection Act - Welfare and Institution Code §§ 15600, et seq. Plaintiff has alleged that Defendant was aware of Ms. Sperling' to provide the requisite ser...
2024.04.30 Motion for Summary Judgment, Adjudication 375
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.30
Excerpt: ... 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.) Simply put, “[i]f a party moving for summary judgment in any action . . . would prevail at trial without submission of any issue of material fact to a trier of fact for determination, then he should prevail on summary judgmen...
2024.04.30 Motion to Compel Arbitration 754
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.30
Excerpt: ...e total length of both days of the deposition of Andy Phillips shall not be less than the total length of both days of the deposition of John Hynes, and the second day of the deposition of Andy Phillips shall be held in the same location as the first day of the de position. Defendant Capital Managers, LLC may ask questions at the second day of the deposition of Andy Phillipos on any subject matter allowed by the Evidence Code, the Civil Procedur...
2024.04.30 Motion to Compel Arbitration and Stay Proceedings 022
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.30
Excerpt: ...applies where there is ‘a contract evidencing a transaction involving commerce.'” (Allied- Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277 [quoting 9 USC § 2] [emphasis in original].) Here, HMA moves to compel arbitration under a: (1) Owner's Handbook & Warranty Information (“Warranty”), and (2) Motor Vehicle Lease Agreement (“Lease”). Both the Warranty and the Lease provide that the agreement to arbitrate will be g...
2024.04.30 Motion to Compel Further Responses 619
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.04.30
Excerpt: ...sagrees. I nterrogatory No. 13.1 asks whether Defendant has conducted surveillance. Defendant responded “no.” Interrogatory No. 13.2 asks if a written report has been prepared on the surveillance. Defendant responded, “not applicable.” These responses are full respon ses. Accordingly, the court DENIES the motion as moot insofar as it seeks further responses. The motion is GRANTED as to sanctions. Sanctions of $1,260 are issued against Def...
2024.04.30 Motion to Strike 510
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.30
Excerpt: ... set the M otion to Strike to b e heard on A pril 29, 2024. ( S ee ROA #59 .) The court also ordered that “[t]he Ex -Parte Application will stand as the moving papers” and “Plaintiff to serve the moving papers on all parties”. (Ibid.) Further, Civil Procedure Code section 1005 requires that all moving papers be served on all parties at least 16 court days before the hearing. (Code Civ. Proc., § 1005, subd. (d).) In addition, “[p]roof o...
2024.04.30 OSC Re Preliminary Injunction 187
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.30
Excerpt: ...arties.” (Pl easant Hill Bayshore Disposal, Inc. v. Chip -It Recycling, Inc. (2001) 91 Cal. App. 4th 678, 695.) The plaintiff has the burden of proof to show “upon a verified complaint, or upon affidavits” all elements necessary to support the issuance of a preliminary injunction. (Code Civ. Proc., § 527, (a); O'Connell v. Sup. Ct. (2006) 141 Cal.App.4th 1452, 1481.) Although an OSC re: Preliminary Injunction directs the responding party ...
2024.04.29 Motion to Strike Punitive Damages
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.29
Excerpt: ...e facts of defendan t's oppression, fraud, or malice. (CC § 3294(a).) “Malice” is defined as conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (CC § 3294(c)(1).) “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious disreg...
2024.04.29 Motion to Strike Complaint 099
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.29
Excerpt: ...8/12/24. (See ROA 301). As an initial matter, a motion to strike cannot be used to challenge an entire cause of action for failure to state a claim. Motions to strike can be used to reach defects in or objections to pleadings that are not challengeable by demurrer. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 7:156.) A “motion to strike” for failure to state a cause of action (ground for general ...
2024.04.29 Motion to Set Aside, Vacate Default 367
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.29
Excerpt: ...�), JOSHUA SCHUETTE (“Schu ette”), and KARA GRANT LAW (“KGL”), move the Court for an order pursuant to California Code of Civil Procedure §§ 473, et seq., to set aside and vacate the October 26, 2023 Defaults taken against Defendants Grant, Schuette, and KATHLEEN GERMANE (“Germane”) and the September 19, 2023 Default taken against KGL. Motions are GRANTED. Sanctions against Attorney Jacobson in the amount of $500 to be paid within t...
2024.04.29 Motion to Quash 107
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.29
Excerpt: ...ts. A court ac quires personal jurisdiction over a nonresident defendant through either general or specific jurisdiction. The “defendant may be subject to the general jurisdiction of the forum if his or her contacts in the forum state are ‘substantial . . . continuous an d systematic.'” Vons Companies, Inc. v. Seabest Foods, Inc., 14 Cal. 4th 434, 445 (1996). To determine whether specific jurisdiction exists, courts consider the relations...
2024.04.29 Motion to Compel Production 103
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.29
Excerpt: ...et forth spec ific facts showing good cause justifying the discovery sought by the inspection demand. To establish “good cause,” the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise a...
2024.04.29 Motion to Compel Inspection 087
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.29
Excerpt: ... allowing the inspection. Thus, Plaintiff's objection on the grounds Defendant previously inspected the premises is overruled. Plaintiff's objection on the grounds the Demand seeks to inspect irrelevant portions of the premises is overruled. Discovery is permitted 11 where the information sought is itself admissible or is reasonably calculated to lead to the discovery of admissible evidence. Code of Civil Procedure, § 2017.010. Discovery is libe...
2024.04.29 Motion to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.29
Excerpt: ...rmation for individual independent service centers co -defendant/non -parties, but GM does have the duty to make an inquiry into any of its employees that may have information relating to the Vehicle and its repair history. (Civ. Proc. Code § 2030.220.) Merely stating “GM call center advisors with whom Plaintiff may have communicated” does not comply with the requirement to make a reasonable and god faith inquiry. Additionally, vague referen...
2024.04.29 Motion to Compel Discovery 801
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.29
Excerpt: ...he amount of $645 hours x $195 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Defendant Gen Cord. moves to compel further responses to Form Interrogatories – General, Set One, Number 2.8 propound ed on Plaintiff Monica Castaneda. Standard to Compel Further Responses to Interrogatories The Civil Procedure Code instructs that: (a) Each answer in a response to interrogatori...
2024.04.29 Motion to Compel Arbitration and Stay Action
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.29
Excerpt: ...4) 226 Cal. App. 4th 2 31, 240; See also, 9 U.S.C.A. § 2; Civ. Proc. Code § 1281.4.) "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 proving by a preponderance of the evidence any fact necessary to its defense.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972 (“Engalla”); Green Tr...
2024.04.29 Motion to Compel Arbitration 742
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.29
Excerpt: ...�� the controversy. (Code C iv. Proc., § 1281.2.) The Court shall grant the petition unless the petitioner waived the right to compel arbitration or other grounds exist for rescission of the agreement. (Id.) “Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence.” (Rosenthal v. Great Western Fin. Securities Corp....

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