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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 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 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 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 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
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 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...

2024.04.17 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 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 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 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 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 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 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 Motion for Summary Judgment, Adjudication 778
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16

Excerpt: ...jections ( ROA 1122) as immaterial to the Court's ruling but the objections are preserved for purposes of appeal. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 526 [“the trial court's failure to rule expressly on any of Google's evidentiary objections did not waiv e them on appeal”]) On 12/6/22, the Court sustained Movants' demurrer to the fourth, ﬁfth, and sixth causes of action against Movants in the TAC. Movants seek summary judgm...

2024.04.16 Motion for Summary Judgment, Adjudication 372
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16

Excerpt: ...d Code of Civ il Procedure section 437c(c) states, “(c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In de termining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to...

2024.04.16 Motion for Summary Judgment, Adjudication 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...

2024.04.15 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 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 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

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 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...

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 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 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 Demurrer to SAC 158
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.04.15

Excerpt: ...pp.4th 1451, 1479.) The 2ndAC omits breach of ﬁduciary duty claims premised on fraud. Thus, the 2ndAC does not “clearly and affirmatively” show that the claim is barred by the statute of limitations based upon the dates alleged and is therefore not subject to demurrer. (See Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403.) Burtin raises additional new arguments in his Reply attempting to show that the ﬁrst cause of ac...

2024.04.15 Demurrer to Amended Complaint 680
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.15

Excerpt: ... to amend. “To establish a prima facie case of harassment, [Plaintiff] must show that: (1) she is a member of a protected class; (2) she was subjected to unwelcome harassment; (3) the harassment was based on her protected status; (4) the harassment unreasonably interfered with her w ork performance by creating an intimidating, hostile, or offensive work environment; and (5) defendants are liable for the harassment.” Galvan v. Dameron Hospital...

2024.04.15 Demurrer 040
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.15

Excerpt: ...tiffs”), ﬁled a Complaint against Defendants IVY Cottages, Inc. and Carmen Rodriguez (“Defendants”). (ROA 2.) The Complaint alleges 14 causes of action for: 1. Failure to Pay All Wages Earned; 2. Failure to Provide Rest Breaks; 3. Failure to Provide Meal Periods; 4. Failu re to Indemnify; 5. Failure to Provide Accurate Wage Statements; 6. Failure to Pay Wages Owed Every Pay Period; 7. Failure to Pay Wages When Employment Ends; 8. PAGA Pen...

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 Demurrer to Amended Complaint 477
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.15

Excerpt: ...blic funds and , thus, does not eliminate the claim presentation requirement. Meet and Confer The Court ﬁnds Defendants adequately attempted to meet and confer with Plaintiff. Legal Standard “The party against whom a complaint or crosscomplaint has been ﬁled may obje ct, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds … [¶] The pleading does not state facts sufficient to co...

2024.04.15 Motion for Protective Order 847
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15

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 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 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 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 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 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 Deem Vexatious Litigant 487
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15

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 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 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 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 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 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 ...

2024.04.12 Demurrer to SAC
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.12

Excerpt: ... elements of a c ause of action for intentional interference with prospective economic advantage are: “‘“(1) an economic relationship between the plaintiff and some third party, with the probability of future economic beneﬁt to the plaintiff; (2) the defendant's knowledge of the relationship; (3) intentional acts on the part of the defendant designed to disrupt the relationship; (4) actual disruption of the relationship; and (5) economic ...

2024.04.12 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.04.12

Excerpt: ...use of action. The 2nd cause of action premises negligence on a breach of statutory duties: The CARES Act, the FFCRA, and Health & Safety Code section 1342.2. (See FAC ¶ 118.) The 9th cause of action alleges a violation of Section 1342.2 But “the CARES Act do es not grant a private right of action to a provider of COVID -19 diagnostic testing to enforce § 3202.” (Saloojas, Inc. v. Aetna Health of California, Inc. (9th Cir. 2023) 80 F.4th 10...

2024.04.12 Demurrer (2)
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.04.12

Excerpt: ...onte ntion that it is entitled to insurance coverage for a judgment in an underlying action.” (Dem. at pp. 1 -2.) But defendant has not shown “two exclusions in the insurance policy issued by ANV apply to exclude coverage for Plaintiffs' claim.” (Dem. at p. 1 .) First, the Bankruptcy Exclusion does not bar coverage because it is unenforceable. The Bankruptcy Exclusion purports to exclude coverage for any claim involving “any Wrongful Act ...

2024.04.12 Demurrer 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.12

Excerpt: ...ntity Plaintiffs argue that the court should not consider the demurrer and the motion to strike because they named K & A Kingdom Holdings, LLC, but K & A Kingdom Holding, Inc. ﬁled the demurrer and motion to strike. However, pursuant to Code of Civil Procedure section 4 73, Defendant submitted a proposed amendment to pleadings noting that the "Inc." shown on its pleadings was in error and asking that its pleadings be amended to reﬂect...

2024.04.12 Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.12

Excerpt: ...2 agains t the subject property, 2. the Statement of Information ﬁled on 12/20/22 by Canyon Plaza, LLC, 3. the Statement of Information ﬁled on 12/20/2022 by Canyon Plaza Management, LLC, and 4. the Statement of Information ﬁled on 1/20/23 by Jakosky Properti es, Inc. The court GRANTS the request to take judicial notice of the Grant Deed (Exhibit 1). (Evid. Code § 452(h).) The court however DENIES the request for judicial notice as to the ...

2024.04.12 Motion for Summary Judgment 699
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.12

Excerpt: .... Univ ersity of San Francisco (2024) 100 Cal.App.5th 75 should inform its analysis. In their supplement, “Plaintiffs recognize Berlanga's persuasive force on this Court” and concede that “their arguments may, ultimately, may need to be decided in this District's appellate court.” (ROA 369 at p. 3.) To be clear, Berlanga is not merely persuasive authority in this Court, it is binding. (See Auto Equity Sales, Inc. v. Superior Court (1962) ...

2024.04.12 Motion to Vacate Default Judgment 216
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.12

Excerpt: ...must follow the cor rect rules of procedure. (See Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984 -985; Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246 -1247). A self -represented litigant is not entitled to any greater consideration than other litigants and attorneys. (See Petr osyan v. Prince Corp. (2013) 223 Cal.App.4th 587, 594 [self -represented litigants are entitled to same treatment as represented parties].) The fact that Defendant is a se...

2024.04.12 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.12

Excerpt: ...ional mis representation), 3rd cause of action (Bus. & Prof. Code 17200 violation), 4th cause of action (promissory estoppel), 5th cause of action (“set aside trustee's sale and void/cancel trustee's deed upon sale”), and 6th cause of action (quiet title). 2nd C/A (intentional misrepresentation) A cause of action for intentional misrepresentation requires showing (1) a misrepresentation; (2) knowledge of its falsity; (3) intent to induce reli...

2024.04.12 Motion to Compel Deposition of PMK
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.12

Excerpt: ...mpt at an informal resolution of each issue presented by the motion .”]; Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293- 1294; Leko v. Cornerstone Building Inspection Services (2001) 86 Cal.App.4th 1109, 1124; see also Thomas Decl., ¶ 6, Exh. D [addressing Defendant's objections on 2/12/24].) Defendant maintains that it is willing to produce a witness as to Matters for Examination Nos. 1 and 2, but objects to Matters Nos. 3 and 4 on vario...

2024.04.12 Motion to Compel Further Responses 451
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.04.12

Excerpt: ... reason able particularity subject to any orders that may be appropriate under Section 3426.5 of the Civil Code.” (Code Civ. Proc., § 2019.210.) Plaintiff has failed to demonstrate compliance with this requirement. Contrary to plaintiff's contentions, the ﬁrst amended complaint (FAC) does not identify the subject trade secret with reasonable particularity. (See Code Civ. Proc., § 2019.210; Perlan Therapeutics, Inc. v. Superior Court (2009) ...

2024.04.12 Motion to Permit Financial Discovery 715
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.12

Excerpt: ...upon a clea r and convincing showing that a defendant is guilty of oppression, fraud or malice. A court order is required to obtain discovery of a defendant's ﬁnancial condition in actions seeking punitive damages. (Civ. Code, § 3295, subd. (c).) Before a court m ay enter an order permitting discovery of a defendant's ﬁnancial condition, it must (1) weigh the evidence submitted in favor of and in opposition to motion for discovery and (2) ma...

2024.04.11 Motion for Summary Judgment 583
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...Villageway M anagement, Inc., and that the 90-day period ended on September 4, 2018 —is GRANTED. The court notes that no opposition was ﬁled. 3. Defendants' evidentiary objections nos. 1 -47 to plaintiff's memorandum of points and authorities and response to the summary judgment motion are disregarded. They are not evidentiary objections. 4. Defendants' objection nos. 48 -63 are OVERRULED. 5. Plaintiff ﬁled a document entitled “Objections...

2024.04.11 Motion for Preliminary Approval of Class Action and PAGA Settlement 306
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11

Excerpt: ...ovision in paragraph 1.37 is overbroad. Amended Nordrehaug Decl. (ROA 217) Ex. 1 (Class Action and PAGA Settlement Agreement, ¶ 1.37). 10 11 The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alleged in the operative complaint, i.e., the second amended complaint ﬁled February 7, 2024 (ROA 239). 3. The Released PAGA Claims provision in paragraph 1.38 is overbroad....

2024.04.11 Motion for Preliminary Approval of Class Action and PAGA Settlement 039
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11

Excerpt: ...ent: 27 1. D efendant's Notice of Non-opposition (ROA 300, at 5:17) states “over 400” class members opted out. How many class members opted out? The settlement administrator should submit a declaration stating the number of notices sent, the number of opt outs, and the number of class members. 2. How will individual PAGA payments be calculated? In addition, what is the estimated high, low and average PAGA payment? 3. What is plaintiff's expec...

2024.04.11 Motion for Permission to File Late Tort Claim Against Governmental Entity 847
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.11

Excerpt: ...th 1236, 12631264, emphasis added.) Here, Petitioner claims injury on January 25, 2023. For claim ﬁling purposes, six months means the longer of six calendar months or 182 days. (City of Pasadena v. Sup.Ct. (Jauregui) (2017) 12 CA5th 1340, 1346, fn. 4; Gonzales v. C ounty of Los Angeles (1988) 199 CA3d 601, 604). Six months from this date is July 25, 2023. Leave to ﬁle a late claim must be requested within a “reasonable time” and in no ev...

2024.04.11 Motion for Entry of Judgment 129
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.04.11

Excerpt: ...al.App.4th 267, 288 (Kim) [evidence of damages is required for default judgment]; see also ROA No. 356 –Heidary Decl., in passim [one -page conclusory declaration].) There is also no affidavit of notice. (See Code Civ. Proc., § 587; Bae v. T.D. Service Co. of Arizona (201 6) 245 Cal.App.4th 89, 108, fn. 15.) Even if plaintiff had complied with the foregoing requirements, the request for default judgment would still be denied because the operat...

2024.04.11 Motion for Discovery Protective Orders 492
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.11

Excerpt: ... Protectiv e Order as to Requests for Production are DENIED. Interrogatories and Requests for Admission Plaintiffs have not established their burden of justifying their additional discovery. A propounding party may justify propounding additional special interrogatori es or requests for admissions based on the complexity or quantity of issues within the case. (CCP §§ 2030.040(a)(1) and 2033.040(a).) Here, Plaintiffs only offered justiﬁcations ...

2024.04.11 Demurrer 912
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...llegations in the complaint, defendants (including these Doe defendants), “distribute and sell their kratom products to residents in California pursuant to a false and misleading marketing campaign.” The complaint further alleges that defendants do not disclose the serious health risks of the product; nor state that the product is the subject of warnings from poison control centers and is known to be not safe for human consumption. And it spe...

2024.04.11 Motion for Attorney Fees and Costs
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.04.11

Excerpt: ...odin (1998) 17 Cal. 4th 599, 615–617; Exxess Electronixx v. Heger Realty Corp. (1998) 64 Cal.App.4th 698, 706– 707.) Civil Code section 1717 applies only in an action “on a contract.” The meaning of “on a contract” has been liberally construed to mean any action involving a c ontract for the purposes of section 1717. (Turner v. Schultz (2009) 175 Cal.App.4th 974, 979– 80.) Here, it is undisputed that Selene is the prevailing party. ...

2024.04.11 Demurrer to SAC 413
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...on letter were attached to the complaint. However, the plaintiff alleged that because the damages were “ongoing and exceeded $10,000” the amount of damages claimed was “omitted” from the form because “that portion was inapplicable.” The city argues that plaintiff 's failure to state the amount claimed is a material defect and the demurrer must be sustained without leave to amend. Without properly seeking judicial notice, the demurrer ...

2024.04.11 Motion to Compel Answers 904
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.11

Excerpt: ...First Set of Form Interrogatories, is GRANTED. Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are dire cted waives any right 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 p...

2024.04.11 Demurrer 811
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.11

Excerpt: ...lment” against Ford, based on allege d defects in her vehicle, but asserts only economic losses. Under the economic loss rule (the “ELR”), where a purchaser's expectations in a sale are frustrated because the product is not working properly, the remedy is in contract alone, for he has suffer ed only economic losses. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) Claims for monetary losses between contractual p...

2024.04.11 Demurrer 651
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.11

Excerpt: ...iled to ﬁl e an opposition. In reviewing the complaint, it is unclear what causes of action are being alleged and against whom. However, the gravamen of the complaint appears to be rooted in a negligence claim. Defendant's ﬁrst argument that plaintiff's complai nt fails to plead any of the elements of dangerous condition of public property under Government Code section 835 is well taken. Moreover, Defendant also appears correct in its asserti...

2024.04.11 Demurrer 314
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.04.11

Excerpt: ...nd unintelligible. ” (Cal. Code Civ. Proc., § 430.10, subds. (e) & (f); see Cal. Code Civ. Proc., § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against whom a complaint or cross -complaint has been ﬁ led may, within 30 days after service of the complaint or crosscomplaint, demur to the complaint or cross -complaint.” (Cal. Code Civ. Proc., § 430.40, subd. (a)....

2024.04.11 Application to Strike Declaration of Non-Monetary Status Filing 497
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ... declarati on of non-monetary status stricken immediately, it is DENIED. To the extent it seeks an order shortening time, it is also DENIED. Plaintiff has failed to show an emergency or why the matter cannot be heard in the ordinary course. This latter is without prejudice to the ﬁling of a noticed motion to be placed on the court's regular law and motion calendar. Demurrer Defendant State of California Department of Health Care Services ﬁled...

2024.04.11 Motion for Summary Judgment, Adjudication 669
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.11

Excerpt: ...stems, f/k/a T riumph Structures – Los Angeles, Inc., a California corporation and Triumph Group, Inc. “The party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is ...

2024.04.11 Motion to Strike and Tax Costs 375
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11

Excerpt: ... granting petitioner's writ of administrative mandamus. Judgment (ROA 600). The judgment states petitioner shall recover its costs against the California Department of Insurance as to the petition for writ of administrative mandamus in accordance with Government Cod e section 11523 and Civil Procedure Code sections 1094.5(a) and 1095 in an amount to be determined. Id. Petitioner ﬁled its costs memorandum on September 25, 2023 (ROA 607) seeking ...

2024.04.11 Motion to Compel Arbitration 815
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11

Excerpt: ...tion to co mpel arbitration is simply a suit in equity seeking speciﬁc performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. 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. Id. Defendant has carried its burden...

2024.04.11 Motion to Strike or Tax Costs 878
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.11

Excerpt: ... Kodaka, I nc., Kodania, Inc., Eiwa International, Inc., Apex Seafood, Inc., Ocean Green Seafood Inc., Blue Marine Seafood, Inc., Jade Equities, LLC, Shujen Ho, aka Jane Ho, and Chingying Chen (collectively, “Responding Defendants”) was electronically served on two s elf-represented litigants, Eiji Ota and Katoko Ota. It does not appear these two self -represented litigants affirmatively consented to electronic service. (Cal. Rules of Ct., Ru...

2024.04.11 Special Motion to Strike 782
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.11

Excerpt: ...vice of the Complai nt as the Complaint was served on the City on June 15, 2023. Plaintiff does not dispute this assertion in the points and authorities. “The special motion may be ﬁled within 60 days of the service of the complaint or, in the court's discretion, at any la ter time upon terms it deems proper.” (Code Civ. Proc. § 425.16(f).) “In other words, the defendant is only entitled to ‘ﬁle[]' such a motion within 60 days of ser...

2024.04.11 Motions to Seal 802
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...f Court. Movants shall prepare the appropriate order for the court's signature. Demurrer Defendants ﬁled a demurrer to the ﬁrst amended complaint. The action concerns an alleged breach of an agreement and the unauthorized use of conﬁdential information. Th ere is a choice of law provision in the agreement which states it is to be construed pursuant to New York law. Defendants also suggest that at least one key issue may likely have to be de...

2024.04.11 Motions to Compel Depositions 482
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.11

Excerpt: ...e motions t o compel deposition testimony of Ritesh Desai and Dawn Mills are GRANTED but the concurrent motions to compel production of documents are DENIED. MOTIONS TO COMPEL DEPOSITIONS OF VAN ALSTINE, GOMEZ AND CHAMBERLAIN CCP §2025.280 states: “(a) The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to att...

2024.04.11 Motions for Summary Judgment, Adjudication 888
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...are the t hree members of the Forefront 405 Owners Association. The association manages office property in a common interest development. There is a split on the board, and the plaintiff constantly ﬁnds itself on the losing end of 2 -1 votes. The main dispute her e is over whether maintenance of the parking lot (a permitted activity) includes the construction of other amenities/developments to the office property, such as basketball courts, etc...

2024.04.11 Motion to Compel Deposition 354
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.11

Excerpt: ...e of C ivil Procedure section 2025.290 provides that depositions in civil cases are generally limited to seven hours of testimony. However, a party is only entitled to ask questions at deposition which are “reasonably calculated to lead to the discovery of admiss ible evidence.” (Code Civ. Proc. § 2017.010.) At this time, Defendant has not shown it is necessary for the Court to enter an order preemptively limiting Defendant's deposition. How...

2024.04.11 Motion to Vacate Court Order Compelling Arbitration 300
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.11

Excerpt: ...r than her i nitial request. No explanation is given as to why Plaintiff now seeks a sanction amount 37 times greater than initial requested. Plaintiff contends in her moving papers, that Defendants failed to timely pay fees or costs to initiate an arbitration procee ding. Indeed, in her moving papers, Plaintiff cites to and relies exclusively on Code Civ. Proc. §1281.97(a) quoting as follows: “In an employment or consumer arbitration that req...

2024.04.11 Motion to Strike 273
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.11

Excerpt: ...e meet and confer, pursuant to Code of Civil Procedure S ection 435.5. The Court notes that Defendant failed to adequately meet and confer before ﬁling this Motion. The Court will exercise its discretion to consider the merits of the Motion at this time but admonishes Def endant that the future failure to comply with all applicable statutes and rules may result in a motion being taken off calendar in the future or sanctions, where appropriate. ...

2024.04.11 Motion to Strike 123
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.11

Excerpt: ...any irrelevant , false, or improper matter inserted in any pleading (b) 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.) Health & Safety Code sec tion 1430 is part of the Long Term Care Act, which “is a ‘detailed statutory scheme regulating the standard of care provided by skilled nursing facilities to their patients....

2024.04.11 Motion to Stay Proceedings 435
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...ay of the case rests within the discretion of the court. The alleged acts occurred between December 2018 and March 2019. The children were pre -teens. They are now around 16 years old. The civil complaint was ﬁled July 21, 2020. Evans ﬁled an answer June 11, 2021. A jury trial has been scheduled for February 3, 2025. In the criminal case, a pre -trial conference is set for May 22, 2024, and trial is set for June 6, 2024. Bail is set at $1 mil...

2024.04.11 Motion to Stay Discovery Pending Resolution of Motion to Compel Arbitration 875
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...face, purp ort to be a contract between the plaintiff and plaintiff's employer —a fact that defendants' counsel had conﬁrmed in an e -mail to the plaintiff's counsel. Defendants' counsel attempted to disavow that concession during oral argument, essentially on the gr ound it was not a judicial admission, and in any event, it was made before counsel had all the facts. That argument is unpersuasive. Even if the arbitration agreement were enforc...

2024.04.11 Motion to Stay 078
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11

Excerpt: ...d without prejudice. As discussed further below, the May 2, 2024 hearing on defendants' motion to compel arbitration is continued to August 29, 2024. Defendants have moved to compel arbitration of this coordinated proceeding. Plaintiffs oppose, including based on plaintiffs' contention that the transportation worker exemption in section 1 of the Federal Arbitration Act (FAA) applies and exempts this case from arbitration. Defendants' motion to co...

2024.04.11 Motion to Quash Service of Summons 754
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11

Excerpt: ...lack of speciﬁc jurisdiction, the plaintiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232 -33; Sacramento Sun creek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide affidavit...

2024.04.11 Motion to Quash Service of Summons 441
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11

Excerpt: ...ns for lack of speciﬁc jurisdiction, the plaintiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232 -33; Sacrament o Suncreek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide af...

2024.04.10 Motions to Quash Records Subpoena 262
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.10

Excerpt: ...endant has ﬁled late oppositions. Any party to the action or the witness may bring a motion to quash a subpoena and may request the Court to quash it entirely, modify it, or direct compliance with it upon those terms and conditions as the court shall declare inc luding protective orders. In addition, the court may make any other order as may be appropriate to protect the moving party from unreasonable or oppressive demands including unreasonabl...

2024.04.10 Motion to Compel Deposition 837
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.04.10

Excerpt: ...appear fo r the deposition “without having served a valid objection under Section 2025.410.” (Code Civ. Proc., § 2025.450, subd. (a).) A written objection to a deposition notice must be served at least three calendar days prior to the date for which the deposition i s scheduled. (Code Civ. Proc., § 2025.410, subd. (a).) The Counsel for each side made some agreements, the details of which are disputed. Parties agreed that that the second ses...

2024.04.10 Motion for Judgment on the Pleadings 341
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.10

Excerpt: ...resulting from the breach, and damage to plaintiff. Ann M. v. Paciﬁc Plaza Shopping Center, 6 Cal. 4th 666, 673 (1993) (disapproved on another ground in Reid v. Google, Inc., 50 Cal. 4th 512, 527 (2010), fn. 5). Pursuant to the Complaint, Plaintiffs own property in a c ommon interest development which is managed by the Northwood Villa Homeowners Association (the “HOA”). Compl. ¶¶ 1,4. The HOA contracted with Defendant to provide property ...

2024.04.10 Demurrer 339
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.04.10

Excerpt: ...n for tortious interference with contractual and business relations against Defendants Ralph Lauren and Swim USA, and sixth cause of action for conspiracy against Defendants Ralph Lauren and Swim USA. The Court rules as follows: The Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the fourth cause of action for fraudulent concealment. Pursuant to Civil Code section 1710(3) fraud by concealment is the “suppression of a fact, by one who is bound t...

2024.04.09 Motion to Strike 284
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.09

Excerpt: ...content of a website. (Searles Valley Minerals Operations, Inc. v. State Board of Equalization (2008) 160 Cal.App.4th 514, 519; See also LG Chem, Ltd. v. Superior Court of San Diego County (2022) 80 Cal.App.5th 348, 362, fn. 7.) Pursuant to Code of Civil Procedure sec tion 436, the Court may, upon a motion made pursuant to section 435 or at any time in its discretion, strike out “any irrelevant, false, or improper matter inserted in any pleadin...

2024.04.09 Motion to Compel Deposition 259
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.04.09

Excerpt: ... not opposed t his Motion and has failed to meet that burden. Further, it is clear that the questions do not implicate any private communications between Defendant and her attorneys and the attorney -client privilege does not apply. As for privacy, there must be a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Williams, 3 Cal.5th at p. 5...

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The Best Way toLearn About a Judgeis to Read Their Rulings!

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Learn About a Judgeis to Read Their Rulings!