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2024.04.22 Motion for Summary Judgment, Adjudication 634
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.22
Excerpt: ...le 3.1354, subdivision (b). Defendants' Evidentiary Objections to Plaintiff's Evidence Nos. 3, 4, 11 and 15 are OVERRULED. The court declines to rule on the remaining objections on the grounds that they are not material to the disposition of the Motion. Procedural defect: Defendants' separate statement is deficient as to the alternative motion for summary adjudication. On a motion for summary adjudication, the separate statement must tie each �...
2024.04.22 Demurrer, Motion for Summary Judgment, Adjudication 116
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.22
Excerpt: ... Hartwick D efendants' demurrer to the first cause of action for quiet title in the initial complaint with leave to amend on 06/16/2023. Plaintiffs filed the FAC on 06/26/2023. “A quiet title action seeks to declare the rights of the parties in realty.... The object o f the action is to finally settle and determine, as between the parties, all conflicting claims to the property in controversy, and to decree to each such interest or estate t...
2024.04.22 Motion for Summary Judgment 731
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.04.22
Excerpt: ...01) 25 Cal.4th 826, 850-851 (Aguilar) [burden].) 24 Hour has demonstrated it was not a party to the contract at issue. (See Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [elements of breach of contract include, inter alia, existence of a contract]; Korc h e m n y v. Piterman (2021) 68 Cal.App.5th 1032, 1048 (Korchemny) [a common count used in the alternative to seek the same recovery demanded in a claim for breach of contract falls...
2024.04.22 Demurrer 231
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.22
Excerpt: ...otice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal. App. 4th 968, 994. Limited to the “four corners” as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with sufficient detail to acquaint a defendant with the nature, source and extent of the claim. Leek v. Cooper (2011) 194 Cal. App. 4th 399, 413. On demurrer, a...
2024.04.22 Demurrer 578
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.22
Excerpt: ... Cleland Sales Corp., Blizzard Beer Systems, James Cleland, and Adam Cleland demur to the 1st through 13th Causes of Action of the First Amended Complaint (FAC) filed by Plaintiff Cecilio Losoya. Standard for Demurrer A demurrer challenges only the legal sufficie ncy 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...
2024.04.22 Demurrer 833
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.22
Excerpt: ...al Notice in Support of Demurrer to First Amended Complaint of Plaintiff Barbara Travers is GRANTED as to Exhibits 1 – 3. Defendant Mark Andrew Lockwood demurs to the 1st Cause of Action of the First Amended Complaint (FAC) filed by Plaintiff Barbara Travers. Standard 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...
2024.04.22 Demurrer to FAC, Motion to Strike 944
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.22
Excerpt: ...rer is OVERRU LED as to the first and second causes of action and SUSTAINED with 15 days leave to amend as to the third through fifth causes of action. The Regents demur to all five causes of action alleged in Plaintiff's First Amended Complaint (“FAC”). I. First Cau se of Action for Violation of California Whistleblower Protection Act (Govt. Code §§ 8547, et seq.) As described in Levi v. Regents of University of California: The [Califor...
2024.04.22 Demurrer to TAC 245
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.04.22
Excerpt: ...ynolds (includi ng in the opposition to this demurrer): facts demonstrating a causal link between the protected activity and an adverse employment action. Reynolds efforts to align his resignation with Plaintiff Robinson's termination (3rdAC para. 64) to create Reynolds' adverse employment action fails. And Reynolds' categorizing the types of activity that amount to adverse employment action -- short of termination or demotion continue to be inad...
2024.04.22 Demurrer 340
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.22
Excerpt: ...aint filed by Plaintiff Angelica Espinoza. Standard 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.Ap...
2024.04.22 Demurrer, Motion to Strike 241
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.22
Excerpt: ...urety Complai nt is a motor vehicle surety company. (Cross- Complaint (“X-C o m p .” ) , ¶¶ 1 & 5.) Old Republic issued a motion vehicle surety bond to CrossDefendant Panda Motors, Inc., under Chapter 4, Division 5 of the Vehicle Code (X -Comp., ¶ 5.) Panda Motors is a motor ve hicle dealer, which obtained a motor vehicle bond from Old Republic. (RJN, ¶ 1.) A number of persons have made claims or will make claims to Old Republic on the bo...
2024.04.22 Demurrer, Motion to Strike, to Compel Further Responses 915
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.22
Excerpt: ...e statute of limitatio ns and Plaintiff is not entitled to the delayed discovery rule. Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. 6 “A plaintiff must bring a claim within the limitations period after accrual of the cause of action.” Fox v. Ethicon Endo -Surgery, Inc. (2005) 35 Cal. 4th 797, 806. “Generally speaking, a cause of action accrues at ‘the time when the cause of a...
2024.04.22 Motion for Attorney Fees 921
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.22
Excerpt: ...inter alia, complexit y of case, skill exhibited, and results achieved. The prevailing buyer has burden of showing that fees incurred are allowable, reasonably necessary to conduct of litigation, and reasonable in amount.” (Nightingale v. Hyundai Motor America (1994) 31 Cal.App .4th 99, 104 -105.) Here, it is undisputed that Plaintiffs are the prevailing party entitled to recover fees pursuant to Civil Code §1794(d). While Defendant contends g...
2024.04.22 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.04.22
Excerpt: ...sert the c laims due to the Divorce Decree issued by the Court of Common Pleas of Lancaster County, Pennsylvania, on September 29, 2023 (Divorce Decree). Specifically, Chartwell contends the Divorce Decree awarded the entire value of the “martial interest in Chartwe ll” to Tracy, Plaintiff's now ex -wife, and awarded Plaintiff nothing regarding the Chartwell shares. (See RJN, Exh. A, pp. 14, 18, 29.) Chartwell further contends, under New Yor...
2024.04.22 Motion for Reconsideration 620
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.22
Excerpt: ... issued its ruling on the MTQ on 10/30/23. (ROA #212.) Plaintiff Balboa Capital Corporation (“Plaintiff”) also filed and served a Notice of Ruling on the MTQ on 10/30/23. (ROA ##208, 210.) That Notice of Ruling was served via express mail, which extends the time to file a reco nsideration motion by two-court days. (Civ. Proc. Code § 1013(c).) Thus, Defendant had until 11/11/23 to file the present Motion. Instead, Defendant did not file t...
2024.04.22 Motion for Summary Adjudication 796
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.22
Excerpt: ...Summary A djudication “Summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c, subd. (c).) In addi tion, “[a] party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or...
2024.04.22 Demurrer, Motion to Strike 474
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.22
Excerpt: ...es to strike Plaintiff 's prayer for punitive damages. Defendant first argues that the fourth cause of action is barred by the applicable statute of limitations and Plaintiff is not entitled to the delayed discovery rule. Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. “A plaintiff must bring a claim within the limitations period after accrual of the cause of action.” Fox v. Ethico...
2024.04.19 Motion for Leave to File Reply Briefs in Support of Motions in Limine 871
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.19
Excerpt: ...REQUEST: Caltrans and OCTA mov e for an order permitting Reply briefs to support its Motion in Limine Nos. 1 -3. ROA 431 -433. FACTS / OVERVIEW: These consolidated actions involve inverse condemnation claims and cross -complaints for indemnification. The action was initiated by JL Kids, wh ich seeks recovery for damages caused by a landslide onto its property in San Clemente. St. Andrews cross -complained against OCTA and Caltrans for indemnifi...
2024.04.19 Motion for Summary Judgment, Adjudication 549
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.04.19
Excerpt: ...s no defense to a ca use of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. 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 the cause of action or a defense thereto. The defendant . . . shall not rely upon the allegations or denials of its pleadings to show that ...
2024.04.19 Motion for Summary Adjudication 539
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.19
Excerpt: ... Responding Party: Plaintiffs M. Westland, LLC; Dorothy Sublett -Miller and Walter J. Miller, as Successor Trustees of The Miller Family Trust, originally dated October 12, 1979, amended and restated February 05, 2004, for the Estate of Willis L. Miller, deceased, as to an u ndivided ½ interest; Dorothy Sublett -Miller and Walter J. Miller, Successor Trustees of The Miller Family Trust, originally dated October 12, 1979, amended and restated Feb...
2024.04.19 Motion for Preliminary Approval of Class Action Settlement 267
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.19
Excerpt: ...oposed cla ss action and PAGA settlement. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action and PAGA matter. On March 3, 2023, Plaintiff Ene C. Hernandez, individually and on behalf of other persons similarly situated (“Plaintiff”), filed a Complaint against Defendant Northwest Hotel Corporation (“Defendant”). (ROA 2.) The Complaint alleged the following eight causes of action: 1. Failure to Provide Me...
2024.04.19 Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.19
Excerpt: ...ffs filed an opposition to Defendants' Request to take Judicial Notice of documents apparently related to the prelitigation complaints made by plaintiffs to defendants. (See ROAs 76, 95.) At the same time, Plaintiffs state that “judicial notice is unnecessary if the se are the documents attached to Plaintiff's SAC already filed with the court.” Copies of the same documents are in fact attached to the SAC and were previously judicially notic...
2024.04.19 Demurrer, Motion to Strike, for Sanctions 658
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.04.19
Excerpt: ...oving party in fact served the instant motion and supporting papers more than 21 days prior to filing them. (Code Civ. Proc., §§ 128.5, subd. (f)(1)(B), 128.7, subd. (c)(1); Smith, Smith & Kring v. Superior Court (1997) 60 Cal.App.4th 573, 577 -578 [statements in brie fs are argument, not evidence]; Hart v. Avetoom (2002) 95 Cal.App.4th 410, 413 -415 [motion initially served must be the same as the one eventually filed]; Galleria Plus, Inc. v...
2024.04.19 Demurrer, Motion to Strike 472
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.04.19
Excerpt: ...gent m isrepresentation. The FAC fails to state facts sufficient to constitute these causes of action. (See Lazar v. Superior Court (1996) 12 Cal.4th 631, 638, 645 [fraud elements]; Nissan Motor Acceptance Cases (2021) 63 Cal.App.5th 793, 823 [negligent misrepre sentation elements].) The residential purchased agreement (RPA) attached as exhibit A to the FAC shows that at the time defendants made the subject “misrepresentations” on 6/1/22 (FAC...
2024.04.19 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.04.19
Excerpt: ...“Hirson” an d crossdefendants as “Korpivaara.” Defect/misjoinder of parties. Korpivaara has not shown Niral Patel is an indispensable party. “An agent is not an indispensable party in litigation between his principal and a third party over the subject matter of the a g e n c y .” (Writers Guild of America, West, Inc. v. Screen Gems, Inc. (1969) 274 Cal.App.2d 367, 374.) 1st cause of action, declaratory judgment -partner disassociation...
2024.04.19 Demurrer to Amended Complaint 525
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.04.19
Excerpt: ...er v. AT&T Mobilit y, LLC (2011) 196 Cal.App.4th 1545, 1556 [elements] The FAC states facts sufficient to state a cause of action for Negligent Repair See Berkley v. Dowds (2007) 152 Cal.App.4th 518, 527 [Negligence may be alleged in general terms].) The FAC states facts sufficient to state a cause of action for Violation of the UCC (Defendants failed to identify any defects with the pleading of this cause of action). The omission of the allegati...
2024.04.19 Application for Right to Attach, Writ of Attachment 162
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.04.19
Excerpt: ...rder and orde r for issuance of a Writ of Attachment (“Application”) against defendant Arunpal Sehgal, M.D. (“Defendant”) are GRANTED in the following amounts: Reliant Management Group, LLC's Application is GRANTED in the reduced amount of $100,000; and Riverside Postac ute Care, LLC's Application is GRANTED in the reduced amount of $103,132.88. Plaintiff is ordered to post an undertaking of $10,000. “Under Code of Civil Procedure secti...
2024.04.19 Motion to Compel Arbitration 235
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.19
Excerpt: ...imite d insurance coverage to protect against uninsured drivers or driver's whose insurance is insufficient to pay for the injuries or damage caused. Ins. Code, § 11580.2 Insurance protecting against a vehicle with no liability insurance is called “uninsured mot orist” (UM) coverage, and insurance protecting against a vehicle with limited liability insurance coverage is called “underinsured motorist” (UIM) coverage. Recovery under UM...
2024.04.19 Motion for Summary Judgment, Adjudication 786
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.19
Excerpt: ...t all times men tioned, each of DEFENDANTS, except as otherwise alleged or contended, are and have been the partners, joint venturers, alter egos, and/or co -conspirators of each other.” (Compl. ¶ 12.) Further, Plaintiff alleged that “DEFENDANTS were “employers” within the meaning of Government Code section 12926(d) . . . .” (Compl. ¶ 8.) Although not initially raised in the MSA, Defendants now claim that Cedar Mountain and not Madiso...
2024.04.19 Motion to Compel Arbitration and Dismiss or Stay Proceedings 929
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.19
Excerpt: ...tober 24 , 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual clai ms asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. Defendant has shown the existence of a signed arbitration agreement dated November ...
2024.04.19 Motion to Compel Arbitration 352
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.19
Excerpt: ...ion: 1) Failure to Pay Minimum Wage; 2) Failure to Pay Overtime Compensation; 3) Failure to Provide Lawful Meal Periods; 4) Failure to Provide Lawful Rest Periods; 8) Failure to Pay All Wages Upon Separation; 6) Failure to Provide Accurate Itemized Wage Statements; 7) Fai lure to Indemnify Employees for Expenditures; and 8) Unfair Business Practices. ANALYSIS: The parties' sole dispute is whether or not Plaintiff qualifies for an exemption under...
2024.04.19 Motion to Disqualify Attorney of Record
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.19
Excerpt: ...3310(E)) pro vides in relevant part, (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person* in the same or a substantially related matter in which that person's* interests are materially adverse to the interests o f the former client unless the former client gives informed written consent. (b) A lawyer shall not knowingly represent a person in the same or a substantially related matter in whi...
2024.04.19 Motion to Vacate Preliminary Injunction and for Preliminary Injunction 635
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.19
Excerpt: ...e motion is GRANTE D as to the request to vacate the current preliminary injunction. The motion is DENIED as to the request for a new preliminary injunction. As discussed below, this matter involves members of the Rhee family: decedent Henry Rhee, his wife Grace Rhee, their sons Thomas and Brian Rhee, and Thomas's wife Judy Ren. The Court refers to these persons by their first names for clarity. No disrespect is intended. EVIDENTIARY MATTERS I. ...
2024.04.19 Motion to Compel Arbitration 477
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.19
Excerpt: ... an orde r compelling Plaintiff to submit his individual claims to arbitration, striking or dismissing Plaintiff's class allegations, dismissing any non- individual PAGA claims, and staying further proceedings pending completion of the arbitration. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action. On July 6, 2022, Plaintiff Pablo Calvillo, an individual and on behalf of all others similarly situated (“Plaint...
2024.04.19 Motion to Set Aside or Vacate Judgment 987
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.19
Excerpt: ...nspection of the judgment -roll, i.e., the face of the record as opposed to extrinsic evidence. (Trackman v. Kenney (2010) 187 Cal. App. 4th 175, 181.) This distinction may impact the procedural mechanism available to attack the judgment or order, when the judgment or order may be attacked, and how the party challenging the judgment or order proves that the judgment is void. (Pittman v. Beck Park Apartments Ltd. (2018) 20 Cal. App. 5th 1009, 1020...
2024.04.19 Motion to Exclude All Accounting Records 151
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.19
Excerpt: ...oanCare's Evidence should be OVERRULED. DMI moves on the grounds that during the Phase 1 of trial “LoanCare testified that it has no accounting records and for that reason, Judge Schwarm did not order LoanCare to account.” (Notice, 2:5 -7.) Specifically, during the Phase 1 of trial, DMI sought to compel an accounting against LoanCare based on its second cause of action for Accounting alleged in it Cross -Complaint filed on 2 -25 -21. (Penn...
2024.04.19 Motion to Strike 216
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.19
Excerpt: ... the subject incident g iving rise to this complaint.” (FAC, EX-2 of Exemplary Damages Attachment.) Defendant was so impaired that he had “red/watery eyes, dilated pupils, slow lethargic speech, and difficulty concentrating” when being interviewed by the investigating Officer and failed the sobriety test. (Id.) “Defendant Topps knew from the onset that he must and would subsequently operate or control his vehicle on the public roads and t...
2024.04.19 Motion to Compel Responses, to Deem RFAs Admitted 483
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.19
Excerpt: ...arty may move for an order compelling responses to interrogatories at any time “[i]f a party to whom interrogatories are directed fails to serve a timely response.” (Code Civ. Proc., § 2030.290, subd. (b).) By failing to serve timely responses, Plaintiffs waived “any r ight to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protectio...
2024.04.19 Motion to Compel Production of Docs 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.19
Excerpt: ... sustained. Evidentiary object ions nos. 4 through 6 are overruled. Evidence Submitted With Reply The court exercises its discretion to consider the evidence submitted with Plaintiffs' reply. Andry may address the evidence during the hearing. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537 -1538.) Merits Plaintiffs served Andry with a notice of taking a remote deposition and requests for production of documents at deposition. The notice li...
2024.04.19 Motion to Compel Further Responses 059
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.19
Excerpt: ...nterroga tories 42-45, 58 -61, 74 -77, and 89, which generally seek (1) the contact information of three students who allegedly assaulted Plaintiff and (2) the names and contact information of “Students E -M,” who were thirdparty witnesses to the alleged incident(s). The Court grants the motion as to the first category of information but denies the motion without prejudice as to the second category. Code of Civil Procedure section 2017.010 s...
2024.04.19 Motion to Compel Arbitration and Dismiss
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.19
Excerpt: ...d system” conducted by local bar associations (as opposed to private alternative dispute resolution providers) and has its own rules and limitations. (See Aguilar v. Lerner (2004) 32 Cal.4th 974, 984; Greenberg Glusker Fields Claman & Machtinger LLP v. Rosenson (2012) 203 Cal.App.4th 688, 693 [Legislature created MFAA as “separate and distinct arbitration scheme applicable to disputes between clients and attorneys over legal fees, costs, or b...
2024.04.19 Motion to Compel Arbitration 923
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.19
Excerpt: ...2024 at 9:0 0 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted b y plaintiff in his Tenth Cause of Action for Violation of California Business & Professions Code §§17200, et seq. and that no grounds exist to bar enforcement of the agreement. CCP...
2024.04.18 Demurrer
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.04.18
Excerpt: ...he demurrer is S USTAINED as to the second cause of action for medical malpractice. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal s ufficiency 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. (20...
2024.04.18 Demurrer 563
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.18
Excerpt: ...fact the operativ e complaint is the First Amended Complaint. The court also notes that Plaintiff filed two identical oppositions to the Demurrer. In the notice of motion, Defendant argues that Plaintiff lacks standing to bring the action. Defendant also argues that the complaint is uncertain because Plaintiff failed to allege whether the actions are brought on Plaintiff's behalf or on the corporation's behalf and, to the extent that they were b...
2024.04.18 Demurrer to SAC
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.04.18
Excerpt: ...o his Request for Production of Documents, Set One, is GRANTED. Defendant is ordered to serve further verified responses within 30 days of Plaintiff providing notice of the Court's ruling. The Court denies both parties' requests for monetary sanctions. Demurrer Defe ndant demurs to the sixth cause of action for Whistleblower Violations. Defendant's Demurrer is overruled. “An employer, or any person acting on behalf of the employer, shall not r...
2024.04.18 Demurrer, Motion to Strike 446
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.18
Excerpt: ...hin 15 days. Demurrer Movin g Defendants demur to the fifth and sixth causes of action in the complaint on the ground said causes of action fail to state a claim and are uncertain. “In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long -settle d rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We a...
2024.04.18 Demurrers 387
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.18
Excerpt: ...nBerg (together , the “Driver Defendants”) also demur to Lyft's complaint. For the following reasons, the demurrers are sustained without leave to amend. Background On August 1, 2022 Cal/OSHA issued three citations to Lyft alleging that Lyft failed to establish, impleme nt and maintain an Injury Illness and Prevention Program and written COVID -19 Prevention Program, and failed to maintain records. Complaint (ROA 2) ¶ 33; State Defendants' R...
2024.04.18 Demurrers 884
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.18
Excerpt: ...ealth (together, the “State Defendants”), demur to plaintiffs Uber Technologies, Inc., Uber USA, LLC, Rasier -CA, LLC, Rasier, LLC and Portier, LLC's complaint. Defendants LaShon Hicks, James Jordan, Roberto Moreno and Karen VanDenBerg (together, the “Driver Defendants”) also demur to plaintiffs' complaint. For the following reasons, the demurrers are sustained without leave to amend. Background 5 6 implement and maintain an Injury Illnes...
2024.04.18 Motion for Continuance
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.04.18
Excerpt: ...dar days to the notice requirement. (Cal Civ. Proc. Code § 1005(b).) As such, Plaintiff was required to serve her motion on March 21, 2024. Having served her motion for a continuance on April 8, 2024, Plaintiff failed to give defendants the requisite notice. Furt her, the court finds that Plaintiff has not offered sufficient evidence to substantiate a six -month continuance. While her LMFT therapist states that “it might be beneficial to cur...
2024.04.18 Motion for Final Approval of Class Action and PAGA Settlement 518
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.18
Excerpt: ...smiss that case? If so, when? If not, how do the parties propose to resolve that case? 2. The amount of attorneys' fees requested exceeds the “not to exceed” amount approved in the court's a. Counsel's information should be removed from the caption page; b. The caption and other references in the proposed order and judgment to the “class action settlement” should be revised to state “class action and PAGA settlement”; c. The proposed ...
2024.04.18 Motion for Preliminary Injunction 233
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.04.18
Excerpt: ... the weight and credibility of these matters, and rules as follows: Plaintiff Pure Dermatology's motion for preliminary injunction is denied. “A trial court may grant a preliminary injunction upon a showing that (1) the party seeking the injunction is likely to preva il on the merits at trial, and (2) the ‘interim harm' to that party if an injunction is denied is greater than ‘the [interim] harm the [opposing party] is likely to suffer if t...
2024.04.18 Motion for Preliminary Injunction 791
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.18
Excerpt: ... forms part of the defendants' back yard wall. The plaintiffs recently purchased the house and obtained a survey whereupon they discovered that the three -foot area in plaintiff's back yard is actually their property. Plaintiffs submit evidence that their detached garage has experienced repeated water intrusion as a result of dirt being up against the side of their garage to a level approximately 1.5 feet above their garage floor. Plaintiffs all...
2024.04.18 Motion for Reconsideration 331
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.18
Excerpt: ...ust be such that the mo ving party could not, with reasonable diligence, have discovered or produced it at the trial.” (New York Times Co. v. Sup.Ct. (Wall St. Network, Ltd.) (2005) 135 Cal.App.4th 206, 212 -213.) The party seeking reconsideration must also provide a satisfactory explanation for failing to present the information at the first hearing; i.e., a showing of reasonable diligence. (Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690; C...
2024.04.18 Motion for Summary Judgment 362
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.18
Excerpt: ...tiary objections to the De claration of Robert Dale Beaver are OVERRULED. Plaintiff's request for judicial notice of Orange County Ordinance 2183 and the Court's 04 -0722 minute order is GRANTED. (Evid. Code, § 452(b), (d).) Steven and Robert purchased the Pine Place property in 1 988 as joint tenants. Steven subsequently moved out in 1989 or 1990. Robert claims that in 1992, he and Steven agreed that Steven would grant Robert his entire interes...
2024.04.18 Motion to Compel Additional Neurological Exams 205
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.18
Excerpt: ...party desiri ng to obtain discovery by a second physical examination or mental examination must obtain leave of court. (Code Civ. Proc., § 2032.310(a).) The motion must be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2032.310(b).) The Court “shal l” grant the motion only upon a showing of good cause. (Code Civ. Proc. §2032.320(a).) The within action arises from an auto accident that occurred on 8/20/20. The complaint w...
2024.04.18 Motion to Compel Verified Responses, for Monetary Sanctions 257
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.18
Excerpt: ...re, the motion is d enied, without prejudice, for the same reasons as set forth in the Court's March 7, 2024 and March 28, 2024 Minute Orders on Defendants' motion to deem the truth of the matters in Request for Admissions, Set One, admitted and motion to compel responses to Demand for Production of Documents, Set One. (See ROAs 90 and 94.) On June 21, 2023, Defendants served written discovery by mail on Plaintiff, including the instant Form Inte...
2024.04.18 Motion to Seal 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.18
Excerpt: ...ntiff's Motion to Compel further Deposition of HMA's Person Most Knowledgeable: a. Paragraph 4 – 1:19, 20 – 3:6 b. Paragraph 5 – 3:7 -8 c. Paragraph 6 – 3:9 -10 d. Exhibit P e. Exhibit Q 3. ROA# 488, Plaintiff's Amended Motion for Terminating Sanctions or Alternatively, f or Issue and/or Evidentiary Sanctions a. Page 1:15 -16, 19 -27 b. Page 2:2 -8 c. Page 2, fn. 3 d. Page 6, 13 -14, 16 -24, 26 -28 e. Page 7: 1 -2 4. ROA# 486, Amended Dec...
2024.04.18 Motion to Strike 173
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.18
Excerpt: ...int that con tinues to include these two causes of action. It again alleges these causes are against “all” defendants. The striking of these causes of action may not be the most efficient remedy here. The motion to strike is DENIED without prejudice. Demurrer to Se cond Amended Complaint (Champion) Defendant Champion Construction Services, Inc., filed a demurrer to the second amended complaint. The demurrer is SUSTAINED without leave as to t...
2024.04.18 Motion to Strike 648
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.18
Excerpt: ...sponded 7/26/2023. Pl aintiff filed Page 7 of 21 this Motion to Compel Further Responses to RPDS on 8/23/2023. The Court notes that in recent years, an astounding number of cases have been filed against Defendant Volkswagen Group of America, Inc. in OCSC. These cases involve a tremendous amount of time and resources for the Court, its staff, and research attorneys. For example, in this case, Plaintiff's motion includes a 195 page separate state...
2024.04.18 Motion for Reconsideration 191
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.18
Excerpt: ...ly found tha t defendant Cutler is subject to the Page 5 of 21 Court's personal jurisdiction in its November 17, 2023 Minute Order and that Defendant has not met his burden for reconsideration. A motion for reconsideration must be filed within 10 days of service of n otice of entry of the order in question. (Code Civ. Proc., § 1008(a).) However, “the trial court retains the inherent authority to change its decision at any time prior to the en...
2024.04.17 Demurrer, Motions to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.17
Excerpt: ...Defendant Co ldwell Banker Realty's demurrer is OVERRULED as to the fourth cause of action. The demurrer of Defendants Marlene Goren, Shari Ten Eyck, and Ten Eyck Real Estate to the eight cause of action is OVERRULED. The motions to strike the punitive damages allegations are DENIED. Facts/Overview On November 13, 2023, Plaintiff Charles Castro filed the operative Second Amended Complaint against Defendants: • Cies Family Trust, the owner of a...
2024.04.17 Demurrer to SAC 339
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.17
Excerpt: ...on the same grou nds it now demurs on as to the SAC. The court overruled Defendant's prior demurrer. [ROA #95.] There is a split of authority among case law on the question whether a defendant may demur to an amended complaint on the grounds that were overruled on a dem urrer to the prior complaint. See Bennet v. Suncloud (1997) 56 Cal. App. 4th 91, 96 -97; Pacific States Enterprises, Inc. v. City of Coachella (1993) 13 Cal. App. 4th 1414, 1420,...
2024.04.17 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.17
Excerpt: ... 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 complaining, ...
2024.04.17 Motion to Seal Confidential Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.17
Excerpt: ...ne [ROA # 1024 ], and Exhibits B, C, I, J, K, L, M, and N to the Wayne Declaration [ROA # 1025 -1032], 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 sol...
2024.04.17 Motion for Summary Judgment, Adjudication 161
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.17
Excerpt: ...ses of action and grant ed as to the 11th cause of action. Defendants' objections are sustained as to nos. 1, 6, 7, 11, 16, and 17 - 19 and overruled as to nos. 2 - 5, 8 - 10, and 12 - 15. Plaintiff's request for judicial notice is granted. A “party moving for summary judgment be ars 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. (...
2024.04.17 Motion to Enter Judgment 656
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.17
Excerpt: ...pposition t o this Motion was filed before that admonition. A. Legal Standard Where the statutory requirements are met, the court may, upon motion, enter judgment pursuant to the terms of a settlement agreement. (CCP §664.6). Before enactment of CCP § 664.6, whe n a settlement broke down, the party seeking to enforce it either had to (a) file a separate lawsuit for breach of contract or (b) seek leave to file a supplemental pleading (to alle...
2024.04.17 Motion to Quash Deposition Subpoenas for Production of Business Records
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.17
Excerpt: ...cords are sought by a subpoena duces tecum and who is a party 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. Pro c., § 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 ma...
2024.04.17 Motion to Strike Punitive Damages 579
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.17
Excerpt: ...relevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. Code Civ. Proc. § 436. “Irrelevant” matters include: allegati ons 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...
2024.04.16 Motion for Summary Judgment, Adjudication 157
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.04.16
Excerpt: ...ential to justify oppositio n may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.” (Code Civ. Proc., § 437c(h).) “When lack of diligence results in a party's having insufficient information to know if facts essential to justify opposition may exist, and the party is therefore unable to p...
2024.04.16 Demurrer to TAP 678
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.04.16
Excerpt: ... (c) [“official ac ts”]; Commercial Union Assurance Co. v. City of San Jose (1982) 127 Cal.App.3d 730, 740, citing Chas. L. Harney, Inc. v. State of California (1963) 217 Cal.App.2d 77, 85 -86 [court may take judicial notice of government claims and any response as “official acts”].) 4th cause of action: declaratory relief. Petitioners' 4th cause of action seeks a declaration that the emergency laws and orders that were in effect during t...
2024.04.16 Motion for Summary Judgment, Adjudication 061
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ...mplaint (FACC). The motion also requests summary adjudication of the first cause of action for common counts in the Law Firm's complaint. The motion is MOOT as to Jocelyn Plummer because the Court entered judgment on the FACC in favor of Jocelyn Plummer on 4/4/24 after sustaining her demurrer without leave to amend. As to the remaining Movants, the motion is DENIED in its entirety. Movants' request for judicial notice (ROA 1356) is granted as to...
2024.04.16 Demurrer 648
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.04.16
Excerpt: ...ion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.”].) On April 10, 2024, Defendant The Summit At Turtle Ridge Communi ty Association WITHDREW its Demurrer and Motion to Strike. Defendant MLG Assessment Recovery LLC's Demurrer remains on calendar but it is MOOT since Plaintiff timely filed...
2024.04.16 Motion for Summary Judgment, Adjudication 372
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ...d Code of Civ il Procedure section 437c(c) states, “(c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In de termining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to...
2024.04.16 Motion for Summary Judgment, Adjudication 978
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ...ctions are preserved for appeal. In the operative Third Amended Complaint, Breakaway asserts causes of action against Hoorizadeh and White Ridge for fraud (second cause of action), negligent misrepresentation (fourth cause of action) and aiding and abetting fraud (seventh cause of action). Meridian asserts causes of action against Hoorizadeh and White Ridge for fraud (first cause of action), negligent misrepresentation (third cause of action), a...
2024.04.16 Motion for Terminating Sanctions 549
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ..., § 2023.030; Cedars– Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12, 74 Cal.Rptr.2d 248, 954 P.2d 511.) As relevant here, misuses of the discovery process include “[f]ailing to respond or to submit to an authorized method of discovery” (Code Civ. Proc., § 2023.010, subd. (d)); “[m]aking, without substantial justification, an unmeritorious objection to discovery” (id., § 2023.010, subd. (e)); “[m]aking an evasive r...
2024.04.16 Motion to Compel Further Responses 810
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.04.16
Excerpt: ...otice of this ru ling. If a timely motion to compel has been filed, the responding party has the burden to justify any objection or failure fully to answer the discovery requests. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220 -221 [re: interrogatories]; Kirkland v. Su perior Court (2002) 95 Cal.App.4th 92, 98 [burden shifts to objector after good cause shown for RFPs]; Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725, 733 [pa...
2024.04.16 Motion for Summary Judgment, Adjudication 778
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ...jections ( ROA 1122) as immaterial to the Court's ruling but the objections are preserved for purposes of appeal. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 526 [“the trial court's failure to rule expressly on any of Google's evidentiary objections did not waiv e them on appeal”]) On 12/6/22, the Court sustained Movants' demurrer to the fourth, fifth, and sixth causes of action against Movants in the TAC. Movants seek summary judgm...
2024.04.15 Motion for Summary Judgment, Adjudication 413
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.15
Excerpt: ...ness of the defect, the foreseeability of danger to Plaintiff, and the trivialness of the defect. Defendant's evidentiary objections are overruled. Basic Rules for Summary Judgment/Adjudication Under Code Civ. Proc. § 437, a party may move for summary adjudicatio n 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 that party contends that the c...
2024.04.15 Demurrer, Motion to Strike 864
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...e Amended Complaint of Plaintiff, Randell Young is CONTINUED to May 13, 2024, at 8:30 a.m. in Department N15. Defendants Seabreeze Management Company, Inc.; Estela Alday; Heidi Speare; Eric James; Fred Olsen; and Todd Hunter are ORDERED to serve all demurrer and mo tion to strike moving papers and reply papers upon Plaintiff Randell Young properly by mail service on or before April 16, 2024, and file a proof of service on or before April 19, 202...
2024.04.15 Demurrers to FAC
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.04.15
Excerpt: ...e demurrers a re virtually identical and assert the same challenges to the FAC. As such, the demurrers will be addressed together with any significant distinctions highlighted. Defendants' challenge both the first cause of action for medical negligence and the second c ause of action for fraud on the ground “[Defendants are] . . improper doe defendant[s]. (Code of Civil Procedure section 474.)” (Demurrers, p. 3, lines 5, 9.) Whether a defen...
2024.04.15 Motion for Approval of Proposition 65 Settlement 613
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.15
Excerpt: ...h violation, in addition to any other penalty established by law (H&S Code §25249.7(b)(1)). These violations may be enforced by, inter alia, persons in the public interest. (H&S Code §25249.7(c) -(d).) If there is a settlement of an action brought by a person in the pub lic interest, the plaintiff shall submit the settlement to the court for approval upon noticed motion, and the court may approve the settlement only if the court makes all of th...
2024.04.15 Motion for Issue, Evidentiary, Terminating Sanctions, Compel Further Responses, for Monetary Sanctions
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.04.15
Excerpt: ...d until nea rly 9:00 p.m. on April 8, 2024 —i.e., nearly a week late and after the close of business on the same day Smith's reply was due. Plaintiff provides no explanation or justification for failing to timely serve the opposition, and the late filing of the opposi tion has deprived Smith of its opportunity to file anything more than an untimely, truncated opposition. The court therefore exercises it discretion to refuse to consider the o...
2024.04.15 Motion for Judgment on the Pleadings 000
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...dgment on the plea dings with respect to the Second Amended Complaint (SAC) filed by Plaintiff Jane Doe 7030. Standard for Motion for Judgment on the Pleadings A defendant may make a motion for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Stevenson Real Estate Servs., Inc. v. CB Richard Ellis Real E...
2024.04.15 Motion for Judgment on the Pleadings 000
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...dgment on the plea dings with respect to the Second Amended Complaint (SAC) filed by Plaintiff Jane Doe 7030. Standard for Motion for Judgment on the Pleadings A defendant may make a motion for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Stevenson Real Estate Servs., Inc. v. CB Richard Ellis Real E...
2024.04.15 Motion for Judgment on the Pleadings 183
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.15
Excerpt: ...ment. (See Govt. Code §§ 911.2(a) and 945.4 [setting forth claims presentation requirements].) The FAC alleges Government Code section 905(m), which was amended by AB 218, exempts any requirement that Plaintiff comply with the claim presentation requirement. The District argues that the change to Government Code section 905(m) made by AB 218 was unconstitutional as an improper gift of public funds under Article XVI, section 6 of the California ...
2024.04.15 Motion for Leave to Intervene 185
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...gwick is ORDERED to se rve the Complaint-In -Intervention upon all parties within 30 days of filing the Complaint -In -Intervention. Proposed Plaintiff -In -Intervention Sedgwick moves for leave to file a Complaint -In -Intervention. Standard for Intervention A non- party, who is referred to as an “intervenor,” may become a party to an action or proceeding between other persons by: (1) Joining a plaintiff in claiming what is sought by the c...
2024.04.15 Motion for Protective Order 847
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights. Standard for Motion for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The co urt, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppressi...
2024.04.15 Motion for Protective Order 847
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights. Standard for Motion for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The co urt, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppressi...
2024.04.15 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.15
Excerpt: ...pplies? D efendants contend that the Federal Arbitration Act (“FAA”) applies to this action because the Mutual Agreement to Arbitrate Claims expressly states that “[t]he Federal Arbitration Act (9 U.S.C. § 1 et seq.) (‘FAA') governs this Agreement, which evidences a transaction involving commerce.” (See Gralak Decl., ¶ 10, Exh. A, p. 1, lines 4 -5). Defendants also present evidence that Defendant HEARTLAND operates more than 62 health...
2024.04.15 Motion for Terminating Sanctions 599
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...ez -Bass mov es for terminating sanctions and monetary sanctions against Defendant Roberto Francisco Gallegos (Defendant Gallegos). Standard for Monetary and Non- Monetary Discovery Sanctions The court may impose monetary, issue, evidence, terminating, or contempt san ctions against any person engaging in any misuse of the discovery process. (See Code Civ. Proc., § 2023.030, subds. (a) -(e).) Misuse of the discovery process includes, but is not ...
2024.04.15 Motion for Terminating Sanctions 984
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.15
Excerpt: ... a termi nating sanction against anyone engaging in conduct that is a misuse of the discovery process by an order striking out the pleadings or parts of the pleadings 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 default against tha...
2024.04.15 Motion to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.15
Excerpt: ...o Parikh are MOOT except for sanctions. The motion directed to Fazeli is GRANTED in part and DENIED in part. Motions Directed to Parikh (ROA 190 and 198) The oppositions indicate Parikh served verified substantive supplemental responses to the at issue discovery on February 7, 2024. (ROA 249 at Exhibit 3; ROA 251 at Exhibit 3.) The court thus deems these motions MOOT, except for the issue of sanctions. (Sinaiko Healthcare Consulting, Inc. v. Pac...
2024.04.15 Motion to Compel Further Responses 913
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.15
Excerpt: ...der compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or th e required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. (b)(1) A motion under subdivision (a) shal...
2024.04.15 Motion to Compel Production 713
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.15
Excerpt: ...the lines of each page must be one and onehalf spaced or double spaced and numbered consecutively.” This discovery motion was continued from 3/18/2024 for additional meet -and -confer efforts. Plaintiff withdraws its Motion with respect to Request Nos. 7, 16, and 24 . (Witkow Decl., ¶ 4.) Defendant asserts supplemental responses were served to Request Nos. 4, 5, 6, 7, 16, 18, 19, 20, and 24, though there is no indication when. (Le Decl., ¶ 3....
2024.04.15 Motion to Deem Vexatious Litigant 487
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $25,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...
2024.04.15 Motion to Deem Vexatious Litigant 487
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $25,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...
2024.04.15 Motion to Deem Vexatious Litigant 817
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $30,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...
2024.04.15 Motion to Disqualify Attorney of Record 345
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.15
Excerpt: ...to control the conduct of its m inisterial officers and of all other persons connected with its proceedings in furtherance of justice.” Doe v. Yim (2020) 55 Cal.App.5th 573, 581. California Rules of Professional Conduct, Rule 1.9 provides in pertinent part: “(a) A lawyer who has formerl y represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interest...
2024.04.15 Motions to Compel Discovery 903
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...esponses t o Form Interrogatories – General, Set One, Number 17.1 within 21 days of service of the notice of ruling. Defendant Abir Cohen Treyzon Salo, LLP is ORDERED to serve full, complete, and verified responses to Special Interrogatories from Special Interrogato ries from Defendant Daniel Perales to Defendant Abir Cohen Treyzon Salo, LLP, Numbers 1, 2, 3, 4, 13, 21, and 23, as amended, within 21 days of service of the notice of ruling. Def...
2024.04.15 Motions to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.04.15
Excerpt: ...es to Interroga tories Nos. 4.1, 15.1, 16.1, 17.1 and 50.1 - 50.6. Code of Civil Procedure section 2030.300, states, in part, “(a) On receipt of a response to interrogatories the propounding party may move for an order compelling a further response if the propounding par ty deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without m...
2024.04.15 Demurrer, Motion to Strike 308
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.15
Excerpt: ...the sixth ca use of action, the court finds that Plaintiff has alleged a special relationship that supports a cause of action for constructive trust. Further, that cause of action is not barred by the statute of limitations as Code Civ. Proc. §340.1 applies rather than Code Civ. Proc. § 338. Accordingly, the demurrer to that cause of action is overruled. On the seventh cause of action for breach of fiduciary duty, the court finds that Plaint...

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