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2024.03.14 Motion for Leave to File Complaint 708
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.14
Excerpt: ...section 426.50. However, when a defendant seeks to file a cross-complaint against another party, not the plaintiff, the cross -complaint is not compulsory. Rather, the defendant will be permitted to file a cross - complaint if the cause of action asserted: “(1) arises out of the same transaction, occurrence, or ser ies of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or...
2024.03.14 Motion for Extension of Five-Year Statute, to Continue Trial 459
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.14
Excerpt: ...e Code section 583.310, (ii) continuing the trial date from July 1 5, 2024 to January 15, 2025, and (iii) continuing all trial -related deadlines to track the new trial date. Plaintiffs oppose. For the following reasons, defendants' motion is denied. 11 Section 583.310 provides that “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” For certain cases, including this one, this period...
2024.03.14 Motion for Attorney Fees 931
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.14
Excerpt: ... which was opposed by defendant Philippe G. Delbar, as noticed on Febr uary 22, 2024. At that time, it held that plaintiff is entitled to recover its reasonable attorneys' fees under Civ. Code § 5975 but that fees and costs would only be awarded up to the time of the initial entry of default judgment on the complaint on Marc h 1, 2002 and on the instant fees motion. The Court therefore continued the hearing on the motion to March 14, 2024, and o...
2024.03.14 Demurrers 465
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.14
Excerpt: ...ion: intentional interference with prospective economic relations, intentional interferenc e with contractual relations, and negligent interference with prospective economic advantage. For the following reasons, defendants' demurrers are sustained with leave to amend. allege facts demonstrating or excusing compliance with the claim presentation requirement. Otherwise, [their] complaint is In ruling on a demurrer, a court must accept as true all a...
2024.03.14 Demurrer, Motion to Strike 132
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.14
Excerpt: ...tion to strike was continued to this date because the parties had fail ed to engage in a proper meet and confer. It does not appear that defendant's counsel has taken advantage of this extended time to comply with its obligations under the statutes. Accordingly, the court sets an Order to Show Cause re Sanctions against def endant's counsel. The hearing is set for April 11, 2024, at 8:30 am. Any declaration in response shall be filed at least �...
2024.03.14 Motion for Final Approval of Class Action and PAGA Settlement 638
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.14
Excerpt: ...f of service (ROA 138) does not reflect service of these documents on the LWDA. Plaintiff must file a proof of service reflecting service of the Order Granting Preliminary Approval and the motion for final approval and its supporting documents on the LWDA. 18 19 2. Has the deadline for exclusions, objections and disputes for the 22 remailed notices elapsed? If so, were any exclusions, objections or disputes received for the remailed notices? ...
2024.03.13 Motion for Attorney Fees 017
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.13
Excerpt: ...� 1021.5. The court has reviewed the time entries of Plaintiff's counsel [Hanassab Decl., Ex. 1] and the specific objections raised by Defendant. Upon this review, the court has reduced the fees from those requested for a billing error, fees incurred on claims Plaintiff did not prevail on, time billed for clerical work, time billed for duplicative/unnecessary work, and time billed for which the task description was too uninformative for the cour...
2024.03.13 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.13
Excerpt: ...he 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, 14041405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) A demurrer tests only the sufficiency of the complaint; a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferre...
2024.03.13 Demurrer to FAC 719
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.13
Excerpt: ...pages. (ROA 108.) The maximum allowance is 15 pages, absent leave of court. (Cal. R. Ct. Rule 3.1113.) The Court will exercise its discretion to consider the oversized memorandum, this time, but future violations of the Rules may result in the Court's refusal to consider the offending p apers. Merits Defendant generally and specially demurs to the negligence cause of action in the First Amended Complaint. (To be clear, the Court construes the gen...
2024.03.13 Motion for Leave to File FAC 942
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.13
Excerpt: ...is carried on with a willful and conscious di sregard of the right and safety of others. (Civ. Code § 3294(c)(1).) At the pleading stage, the complaint must allege facts supporting circumstances of oppression, fraud, or malice. See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166 (“The mer e allegation an intentional tort was committed is not sufficient to warrant an award of punitive damages. [Citation] Not only must there be circumst...
2024.03.13 Motion for Summary Judgment 959
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.03.13
Excerpt: ... 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for s ummary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action c...
2024.03.13 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.13
Excerpt: ...ler Agreement and Personal Guarantors breached the personal guaranty. F or the following reasons, UACC's motion is DENIED in its entirety. Relevant Facts Plaintiff purchases automotive retail installment contracts from car dealerships. (Compl. ¶ 9; Reza Decl. ¶ 2.) On or about January 20, 2022, UACC and Galaxy Auto Sales en tered into a written agreement entitled the “United Auto Credit Corporation Independent Dealer Agreement” (the “Deal...
2024.03.13 Motion to Set Aside Entry of Default Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.13
Excerpt: ...e neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein1, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, d ismissal, order, or proceeding was taken.” (Code Civ. Proc., § 473, subd. (b).) The court has wide discretion to grant relief under the statute authorizing relief fro...
2024.03.12 Motion for Protective Order 250
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.03.12
Excerpt: ...vidence regarding Defendant's purpose and motive for creating speci al b en efi ts fo r Bl a ck emp l oyees ; an d c. A ny ev i d en c e of re ason s for p l ai n ti ff's termination other than the reasons alleged in plaintiff's notice of termination. The Motion also seeks appointment of a discovery referee and an order requiring Defendant to pay for a neutral third -party ESI vendor. The Court may impose a monetary, issue, evidence, or terminat...
2024.03.12 Demurrer to Amended Complaint 081
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ...‘scienter'); (c) intent to defraud, i.e., to induce reliance ; (d) justifiable reliance; and (e) resulting damage.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) Fraud must be plead with particularity and requires “pleading facts which show how, when, where, to whom, and by what means the representations wer e tendered.” (Id. at 645 (cleaned up).) Plaintiffs plead on August 10, 2020, Fluidfi and Li entered into a contract with M...
2024.03.12 Demurrer to SAC, Motion to Strike 766
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.03.12
Excerpt: ...h based on Defendant's alleged failure to disclose that the vehicle an d its lithium-ion battery were defective and susceptible to sudden and premature failure. SAC, ¶¶ 83 -94; 95- 112. Defendant argues the 5th c/a and 6th c/a are barred by the applicable three -year statute of limitations. CC § 338; CC § 1783. The claims are su bject to a three- year statute of limitations and, absent any delayed discovery, equitable estoppel or tolling, the...
2024.03.12 Motion for Attorney Fees 325
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.03.12
Excerpt: ...al of $1,210,647.00. As PFS was the prevailing party both in defending against P laintiff PAR's Breach of Contract cause of action, and in prosecuting its own Breach of Contract cause of action in the FAXC, the Court finds PFS is entitled to attorney's fees pursuant to CC§1717 and the governing contract. Although there is some dispute as to whether the negotiations for “consumables” was a separate contract, this Court finds that because th...
2024.03.12 Motion for Judgment on the Pleadings 811
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.03.12
Excerpt: ...ed their Request for Judicial Notice as ordered on January 12, 2024. The Request for Judicial Notice is GRANTED. (Evid. Code §§ 451(f), 452(g), 452(h) 452(c); Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 376 [“If a plaintiff alleges compliance with the claims presentation requirement, but the public records do not reflect compl iance, the governmental entity can request the court to take judicial notice under Evidence Code section 45...
2024.03.12 Motion for Sanctions 906
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ...ne Faalafua, John Utu, and Elva Utu, indivi dually and as the successor -in -interest and personal representative of Lucy Utu, move under Code Civ. Proc. § 128.7(b) and (c) for an order imposing a monetary sanction of $3,060.00 against defendant Denise Lorenzo and her attorneys of record. Lorenzo opp oses the motion and asks for a sanction of $4,202.50 against plaintiffs and their counsel under Code Civ. Proc. § 128.7(h). Under section 128.7, a...
2024.03.12 Motion for Summary Judgment, Adjudication 445
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.03.12
Excerpt: ...ing and Ridgeway Defendants alternatively move for summary adjudication as to the First, Second, Third, Fourth, Fifth, and/or Sixth Causes of Action as alleged in the Second Amended Complaint (“SAC”). As a threshold matter, Plaintiffs make two procedural arguments for a denial of the motion. Procedural Arguments First, Plaint iffs argue that the motion should be denied because it violates the Court's August 30, 2023 Instruction. Plaintiffs fa...
2024.03.12 Motion to Tax Costs 838
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.03.12
Excerpt: ... beneficial to its preparation' are disallowed. [Citation.]” ( D o e v. Los Angeles County Dept. of Children & Family Services (2019) 37 Cal.App.5th 675, 693 (Doe).) “The losing party may dispute any or all the items in the prevailing party's memorandum of costs by filing a motion to strike or tax costs. [Citation.]” (Doe, supra, 37 Cal.App.5th at. p. 693.) “‘[T]he mere filing of a motion to tax costs may be a “proper objection...
2024.03.12 Motion for Summary Judgment, Adjudication 651
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ...issed its third and fourth causes of action on 11/15/23. Code of Civil Procedu re section 437c(c) states, “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if t he papers show that there is no triable issue as to any material fact, the court shall consider all of the evide...
2024.03.12 Motion for Summary Judgment, Adjudication 778
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ...��lings is GRANTED. Plaintiff's request for judicial notice ( ROA 1100) of official records of the Secretary of State, Department of Real Estate, and County Recorder, is granted. The Court declines to rule on Movant's objections (ROA 1118) as immaterial to the Court's ruling but the objections are preserved for pur poses of appeal. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 526 [“the trial court's failure to rule expressly on any of Googl...
2024.03.12 Motion to Compel Further Responses 590
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ...he Law Offices of Dennis Dascanio, APC move to comp el defendants Benjamin Arsenian and the Law Offices of Benjamin Arsenian, PC to provide further responses to Plaintiffs' Form Interrogatories (Set One), without objections, is CONTINUED to 05/28/24 in Dept. C32 at 9:00 a.m. Plaintiffs Dennis Dascanio and the Law Offices of Dennis Dascanio, APC move to compel defendants Benjamin Arsenian and the Law Offices of Benjamin Arsenian, PC to provide fur...
2024.03.12 Motion to Strike 061
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ... Strike on 10/3/23. Code of Civil Procedure section 430.40(a) states, “ A person against whom a complaint or cross -complaint has been filed may, within 30 days after service of the complaint or cross- complaint, demur to the complaint or cross- complaint.” The same deadline applies to a motion to strike the complaint. (Code C i v. Proc. § 435(b)(1).) It is within the Court's discretion whether to consider an untimely demurrer. (Jackson v. ...
2024.03.12 Motion to Tax Costs 718
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12
Excerpt: ...hall not recover his or her postoffer costs and shall pay the defendant's costs from the time of the offer. In addition, in any action or proceeding other than an eminent domain action, the court or arbitrator, in its discretion, may require the plaintiff to pay a reasonable sum to cover postoffer c osts of the services of expert witnesses, who are not regular employees of any party, actually incurred and reasonably necessary in either, or bo...
2024.03.11 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.03.11
Excerpt: ...he cause of action, even if not separately pleaded, cannot b e established, or that there is a complete defense to the cause of action. Once the defendant or cross- defendant has met that burden, the burden shifts to the plaintiff or cross -complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or crosscomplainant shall not rely upon the allegations or denials of...
2024.03.11 Motion for Summary Judgment
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.03.11
Excerpt: ... even if not separately pleaded, ca nnot be established, or that there is a complete defense to the cause of action. O nce th e d efend ant o r cross -defendant has met that burden, the burden shifts to the plaintiff or cross- complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or cross -complainant shall not rely upon the allegations or denials of its pleadin...
2024.03.11 Motion for Protective Order 632
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11
Excerpt: ...on this motion; or, in the alternative, a n order appointing a discovery referee to oversee and monitor Defendant's behavior at all depositions and at Defendant's expense.” (Not. of Mot. at p. 2.) Under CCP section 2025.420, any party “may promptly move for a protective order” before, during or af ter a deposition. The motion must be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2025.420, subd. (a).) “The court, for g...
2024.03.11 Motion for Preference 478
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.11
Excerpt: ...ecessary to prevent prejudicing the party's int erest in the litigation.” Code Civ. Proc., § 36(a) (emphasis added); Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 12:246:1 (“Trial priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the extent of that party's interest and find as a matter of fact the risk posed of that party...
2024.03.11 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.03.11
Excerpt: ...e motion, the court must treat all of the defendant's allegations as being tru e, and the motion should be denied if the defendant's pleading raises a material issue or sets up an affirmative matter constituting a defense. (Id. at p. 331; accord, Sebago, Inc. v. City of Alameda (1989) 211 Cal.App.3d 1372, 1380; see also, Engine Manuf acturers Assn. v. State Air Resources Bd. (2014) 231 Cal.App.4th 1022, 1034.) Here, the answer of Plaintiff/Cross ...
2024.03.11 Motion for Contempt 221
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11
Excerpt: ...r, or process of the court” is contempt of the authority of the court. (Code Civ. Proc., § 1209, subd. (a)(5).) “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience.” (Conn v. Superior C ourt (1987) 196 Cal.App.3d 774, 784.) “A contempt proceeding [for indirect contempt] is commenced by the filing of an aff...
2024.03.11 Demurrer 525
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11
Excerpt: ...ntervention” in support of defendant is equivalent to answer, and demur rer to it is treated as demurrer to answer].) There are only three grounds for demurrer to an answer under CCP § 430.20: (1) Failure to state facts sufficient to constitute a defense (2) Uncertainty; (3) Failure to state whether contract alleged in the an swer is written or oral. The Rutter Guide says that a demurrer can be an effective tool for eliminating “boilerplate�...
2024.03.11 Demurrer, Motion to Strike 699
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.11
Excerpt: ...trike are DENIED. I. DEMURRER BY LEGACY The within action is brought under the Elder Abuse and Dependent Adult Civil Protection Act (“Act”) and arises out of the death of Andrew Chavez (“Andrew”), an alleged drug addict. The Act creates a civil cause of action for a “dependent adult” who suffers “neglect” or “de privation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.” (...
2024.03.11 Demurrer 949
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11
Excerpt: ...hibits attached and incorporated therein) or fr om 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 u pon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (201...
2024.03.11 Motion for Summary Judgment, Adjudication 780
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.11
Excerpt: ..., 49 (2018). “It then falls to plaintiff to counter with evidence creati ng a dispute about a fact relevant to that defense.” Id. “That is, the plaintiff must submit evidence that would allow a ‘reasonable trier of fact [to] find in plaintiff[‘s] favor on the statute of limitations issue.” Id. This is a wrongful death and surv ival action. Plaintiffs allege that the Decedent died from injuries sustained in an electrical fire that oc...
2024.03.11 Demurrer 505
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11
Excerpt: ...tters are reasonably disputable. [Citati on.]” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113.) However, a court “can take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments. [Citations.]” (Starr v. Ashbrook (2023) 87 Cal.App.5th 999, 1014.) “The trial court shall take judicial notice of any matter specified in Section 452 if ...
2024.03.11 Demurrer 314
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11
Excerpt: ...r punitive and treble damages. First cause of action f or negligence The elements of a negligence cause of action are: (a) a legal duty to use due care; (b) a breach of such legal duty; and (c) the breach as the proximate or legal cause of the resulting injury. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) “Generally, one has a duty to use due care to avoid injuring others.” (Terry v. Garcia (2003) 109 Cal.App.4th 245, 249.) “Ev...
2024.03.11 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.03.11
Excerpt: ...c denial of the material allegations of the complaint controve rted by the defendant. (2) A statement of any new matter constituting a defense.” CCP §430.20 authorizes a party to object by way of demurrer to an “answer that does not state facts sufficient to constitute a defense.” A defendant raising new matters in an answer must allege ultimate facts sufficient to prove the defense with the same level of detail that a plaintiff is require...
2024.03.11 Motion for Summary Judgment, Adjudication 037
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.11
Excerpt: ...f the causes of action for breach of contract. The breach of contract claims involve an Equipment Finance Agreement (“EFA”) entered into by ST and Partners Capital Group (“PCG”). The original term was for 60 months with 60 payments of $4,990.46. The EFA notes that an advance payment of $4,990.46 was received and applied to the first monthly payment due with an y remainder to be applied to the last payment(s) due. The “Commencement Date...
2024.03.11 Motion for Anti-SLAPP 111
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.11
Excerpt: ...1600873201) (“Underlying Case”); appellate opinions in Case Nos. G059087 and G05 9753; and the complaint in the related case (Case No. 2022 -01284907) is granted. 5 Movants move to strike Cross -Complainant Jennifer Loeffler's sole claim against them in her Cross- Complaint – the second cause of action for violations of the Fair Debt C ollection Practices Act (FDCPA). Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal....
2024.03.11 Motion for Terminating, Issue, Evidentiary, Monetary Sanctions for Spoliation of Evidence 920
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.11
Excerpt: ...nts' request for judicial notice, Nos. 1 -4. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2014) ¶ 9.53.1a, p. 9(l) -3 3.) Plaintiff's Evidentiary Objections. The Court declines to rule on plaintiff's objections as such rulings w...
2024.03.11 Motion to Strike 023
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.11
Excerpt: ...marily to chill the defendant's exercise of First Am endment rights.” Finton Construction, Inc. v. Bidna & Keys, APLC, 238 Cal. App. 4th 200, 208 (2015). The trial court engages in a two -step process to determine whether a special motion to strike should be granted. Code Civ. Proc., § 425.16(b)(1). First, the court decides whether the defendant has met its initial burden of establishing a prima facie showing that defendant's acts, of whic...
2024.03.11 Special Motion to Strike
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.03.11
Excerpt: ...ce infliction of emotional distress alleged in the second amended complaint (SAC) of plaintiff Stella Tritakis (Plaintiff). The is DENIED as set forth below. “In applying this statute, a court generally is required to engage in a two -step process. ‘First, Civil Procedure Code section 425.16 , subdivision (b), provides in relevant part: “A cause of action against a person arising from any act of that person in furtherance of the person's r...
2024.03.11 OSC Re Preliminary Injunction 635
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.11
Excerpt: ...heir agents, assigns, partners, employees, employers, and any individual or entity acting in concert with them from engaging acting in concert with them from engaging in the following is GRANTED: 23 1. Withdrawing, transferring, disposing, concealing and/or otherwise accessing any money in any bank or financial acco unt where any Plaintiff is identified as an account holder including checking accounts, savings accounts, money market accounts, C...
2024.03.11 Motions to Compel Discovery 325
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11
Excerpt: ...l Numbers 4.1, 4.2, and 15.1, within 30 days of service of the not ice of ruling. Defendant RML Properties is ORDERED to serve full, complete, and verified responses to Form Interrogatories – General Numbers 4.1, 4.2, and 15.1, within 30 days of service of the notice of ruling. Plaintiff Sharon Galasso's Motion to Compe l Defendant Maya Linda II, LLC's Further Responses to Requests for Production is DENIED without prejudice. Plaintiff Sharon G...
2024.03.11 Motion to Vacate Dismiss and Enter Judgment 593
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11
Excerpt: ...t Max Berreyesa pursuant to the Agreement between the parties dated February 22, 2023, in the amount of $34,417 plus reasonable attorney's fees and costs of $2,660. Plaintiff Virginia Kumpe moves to vacate the dismissal of this action and to enter judgment against Defendants Dandelion Enterprises, LLC dba Tappin Roots and Max B erreyesa pursuant to the Agreement between the parties dated February 22, 2023 and the Stipulation for Entry of Judgment...
2024.03.11 Motion to Strike 169
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11
Excerpt: ...Gold Rain Foundation (Defendant GRF) and Defendant Seal Beach Mutu al Eleven (Defendant SBME) move to strike punitive damages allegations and claims from the First Amended Complaint for Damages (FAC) filed by Plaintiffs John Dennis Mulvihill, Breda Marie Mulvihill -Hernandez, and Julia Geraldine Mulvihill. Standard for Mo tion to Strike A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or...
2024.03.11 Motions to Compel Discovery 371
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11
Excerpt: ...aintiff Luis Alberto Garcia is ORDERED to serve fu ll, complete, and verified responses and responsive document to Inspection Demand Set No. 1, without objections, within 30 days of service of the notice of ruling. Plaintiff Luis Alberto Garcia is ORDERED to pay to Defendant Amber Ashley Melville sanction s in the amount of $978 (0.5 hours x $500 per hour and 2.5 hours x $375 per hour in reasonable attorney's fees and $60 in motion filing fees)...
2024.03.11 Motion to Seal 375
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11
Excerpt: ...iller contained in Plaintiff Judy P. Fisher's Compendium of Evidence in Support of Opposition to Defendant Deloitte Services LP's Motion for Summary Judgment or Summary Adjudication, (ROA #225), and the information contained therein. The court ORDERS that, within 15 days of this ruling, Plaintiff Judy P. Fisher s hall file redacted versions of: 1. Plaintiff Judy P. Fisher's Statement in Opposition to Defendant Deloitte Services LP's Amended Sepa...
2024.03.11 Motion to Compel Deposition 804
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.11
Excerpt: ...n the deposition notice if, after service of a deposition notic e and without having served a valid objection, the party fails to appear for examination. A motion under Code of Civil Procedure § 2025.450(a) must be accompanied by a declaration under Code of Civil Procedure § 2016.040 or, when the deponent fails to att end the deposition and produce documents, by a declaration stating that the moving party contacted the deponent to inquire about...
2024.03.11 Motion to Quash Discovery Subpoena 839
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11
Excerpt: ...terms and conditions as the court shall declare inclu ding 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 unreasonable violations of the moving party's right of privacy. Code Civ. Proc. §1 987.1. Further, in connection with a subpoena for consumer records: Any consumer whose personal records are sought by a subpoena duces tecum...
2024.03.11 Motion to Compel Arbitration 499
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.11
Excerpt: ...te covered by the agreement. Code Civ. Proc. § 1281.2. “The trial court m ay resolve motions to compel arbitration in summary proceedings, in which ‘[t]he 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. In these summary proceedings, the ...
2024.03.11 Motion to Compel Arbitration 370
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11
Excerpt: ...ry objections to the declaration of Stefan Chacon are OVERRULED. Plaintiff SSSHT Opco SE Division Street, LLC's evidentiary objections to the declarations of Tracee DeGrande and Collette Gray are OVERRULED. Defendant Integral Senior Living, LLC (Defendant Integral) moves to compel arbitration of the claims brought by SSSHT Opco SE Division Stree t, LLC and to stay these proceedings pending completion of arbitration. Defendant Integral Senior Livi...
2024.03.11 Motion to Compel Discovery 254
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11
Excerpt: ...discovery by taking in California the oral deposition of any person, including any party to the action. (See Code Civ. Proc., § 2025.010.) A party desiring to take an oral deposition of a person who is under the jurisdiction of the court shall give written notice of the deposition. (S ee Code Civ. Proc., § 2025.2 20, subd. (a).) ”If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employ...
2024.03.11 Motion to Compel Further Responses 551
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.11
Excerpt: ... From Defendant Cheol Kim, etc. (“Motion 2” below , filed as ROA 66); (3) Motion to Compel Further Responses Without Objections to Special Interrogatories (Set One) From Defendant Cheol Kim, etc. (“Motion 3” below, filed as ROA 94); (4) Motion to Compel Further Responses Without Objections to Special In terrogatories (Set One) From Defendant Pinebrook Acupuncture, etc. (“Motion 4” below, filed as ROA 78); (5) Motion to Compel Furth...
2024.03.11 Motion to Compel Further Responses to Discovery
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.03.11
Excerpt: ... procedures, including enforcement proced ures, for each discovery method. The issue here is that Genera moves to compel a non- party to produce further documents pursuant to a subpoena. Non -party discovery is governed by CCP §§ 1985, et seq. and 2020.010, et seq. Where a non- party refuses to co mply with a deposition subpoena, the requesting party must move under the appropriate code section seeking enforcement of said subpoena, and not CCP ...
2024.03.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 944
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08
Excerpt: ... compel arbitration. This is the first hearing on the matter. SUMMARY OF THE SE TTLEMENT: A copy of the fully executed Class- PAGA Action Settlement Agreement is attached as Exhibit 1 to the Declaration of Robert W. Skripko. (ROA 516.) Class Definition: “All non- exempt individuals who worked for ESSC in California as a Job Coach, Life Coach, Life Skills Coach, Life Skills Coach I or 1, Life Skills Coach II or 2, and/or Life Skills Coach Floa...
2024.03.08 Anti-SLAPP Motion
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.03.08
Excerpt: ... Company's antiSLAPP motion is granted. These allegations are stri cken: • General allegations ¶¶ 21, 22, 23, 24 and 25. • 2nd cause of action ¶¶ 35(f) and (g), 38 -39. • 3rd cause of action ¶¶ 41 at 12:17 -18 (“PIIC attached a copy of its 2014/2015 policy as Exhibit 4 to its April 4, 2018 Complaint against TSRI and Vi lagut in the federal action”), 42(a), (b) & (h), 45. • 5th cause of action ¶ 55 at 15:25 (“and the PIIC fede...
2024.03.08 Demurrer 081
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.03.08
Excerpt: ...t. Specifically, Defendant argues that allegations of fraud that function to a lter the terms of an integrated contract are barred by the parole evidence rule. Furthermore, Defendant argues that Plaintiff has pleaded facts that are plainly inconsistent with a claim for promissory fraud by admitting in the Complaint that Defendant performed under the contract until at least Spring 2022. Defendant reasons that it “is implausible that Schreiber's...
2024.03.08 Demurrer 086
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.03.08
Excerpt: ... v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) A ny “ambiguities can be clarified under modern discovery procedures.” (Ibid.) The FAC states sufficient facts in support of the cause of action for breach of contract against Robert and AHM. (See Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453 [elements]; Miles v. Deutsche Bank National Trust Company (2015) 236 Cal.App.4th 394, 402 [plaintiff may...
2024.03.08 Demurrer 238
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.08
Excerpt: ...o identify Doe Perpetrator renders the FAC uncertain. Special demurrers based on uncert ainty are rarely sustained – only where the complaint is so bad that defendant cannot reasonably respond —i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. (See Khou ry v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) However, a demurrer for uncertaint...
2024.03.08 Demurrer to TAC
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.03.08
Excerpt: ...ing a demurrer, the scope of permiss ible amendment is limited to the causes of action that have been originally pleaded. (People By & Through Dep't of Pub. Works v. Clausen, 248 Cal.App.2d. 770 (1967). A plaintiff, therefore, may not amend the complaint by adding new causes of action without first obtaining an order from the court. (Harris v. Wachovia Mortg., FSB (2010) 185 Cal.App.4th 1018, 1023 [“Following an order sustaining a demurrer …...
2024.03.08 Motion for Determination of Good Faith Settlement 098
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08
Excerpt: ... 33, LLC and Brandywine Homes was made in good faith under CCP § 877.6, and bars all prospective cross -complaints for equitable comparative contribution and/or partial or comparative indemnity against the Settling Defendants by any other joint tortfeasor or co -obligors. UPCOMING EVENTS: OSC re Dismissal on Settled Case – April 12, 20 24 FACTS/OVERVIEW: This is a construction defects case. On May 9, 2023, Plaintiff Arletta Community Associati...
2024.03.08 Motion for Leave to File FAA 315
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.08
Excerpt: ...the time for answer or demurrer. (Code Civ. Proc., § 473, s ubd. (a) (1).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code of Civ. Proc., § 473, subd. (a) (1).) Additionally, any judge, at any time before or after commenc...
2024.03.08 Motion for Leave to File FAC
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.03.08
Excerpt: ...s motion complies with rule 3.1324 of the California Rule s of Court, as it includes a red -lined copy of the proposed First Amended Complaint which alerts the Court, and the parties, to the proposed revisions. In addition, the declarations submitted in conjunction with the motion specify the effect of the amendme nt, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and the reasons ...
2024.03.08 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.03.08
Excerpt: ...v. California Department of Public H ealth (2016) 1 Cal.App.5th 1000, 1007.) The complaint does not allege the date that the plaintiffs discovered the alleged defects with the vehicle's transmission. (See Code Civ. Proc. § 338, subd. (d).) “[W]hen the relevant facts are not clear such that the cause of action might be, but is not necessarily, time- barred, the demurrer will be overruled.” (Coalition for Clean Air v. City of Visalia (2012) 20...
2024.03.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 305
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.08
Excerpt: ...tted, a redline showing all changes, deletions and addi tions must be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. As to the Settlement: 1. Please provide a copy of Plaintiff's pre -filing letter to the LWDA. 2. Are the parties aware of any actions, whether individual, class, or PAGA (including in the pre -filing LWDA stage) that may be affected ...
2024.03.08 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.03.08
Excerpt: ....) The Village has shown it gave effective notice to defend ant Garfield Beach CVS LLC of its change of address by the 4/30/18 email. The Village has shown CVS waived the lease's notice provisions by accepting the 4/30/18 emailed notice. (See Irving v. Sunset Mut. Life Ins. Co. (1935) 4 Cal.App.2d 455, 460 [ins urer's acceptance waived policy's notice provisions]; Lynch v. California Coastal Com. (2017) 3 Cal.5th 470, 475 [implied waiver]; see a...
2024.03.08 Motion to Dismiss
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.03.08
Excerpt: ...within the meaning of Section 583.310 of the Code of Civil Procedure on the filing of the plaintiff's original compl aint. (Bruns v E-Commerce Exch., Inc. (2011) 51 Cal.4th 717, 723.) A judge may dismiss an action, on the judge's own motion or on the defendant's motion, after notice to the parties when the action is not brought to trial within this time period. (Code Ci v. Proc. § 583.360(a).) The three statutory exceptions that tol...
2024.03.08 Motion for Summary Judgment, Adjudication 516
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.03.08
Excerpt: ...ndant fails to meet its initial burden as to Noticed Issu es No. 1, 3, 6, 7, & 8. As to Noticed Issue No. 1, (Vatalaro v. Cnty. of Sacramento (2022) 79 Cal. App. 5th 367, 381) cited by defendant is distinguishable. In Vatalaro the plaintiff could only point to an unspecified violation of civil service rules and more importantly, had affirmatively conceded in discovery that she had no reasonable belief that the law had been broken. (25 Cal 4th at...
2024.03.08 Special Demurrer 666
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.08
Excerpt: ...dant argues this case should be stayed in favor Gates, an earlier -fil ed action also pending in this department. It argues first that the case should be abated and second that the Court should exercise its discretion to stay this case. I. Abatement Defendant's argument for abatement conflates two separate concepts: the plea in abatement and the rule of exclusive concurrent jurisdiction. The Court considers each in turn. A. Plea in Abatement �...
2024.03.08 Motion to Strike or Apportion Consulting Costs 837
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.03.08
Excerpt: ...urt's judgment. Plaintiff is mistaken. The filing of a notice of appeal does not deprive the trial court of jurisdiction to award costs and attorney fees. (Korchemny v. Piterman (2021) 68 Cal.App.5th 1032, 1052.) Plaintiff argues the court should consider his financial condition in awarding costs under Vill anueva v. City of Colton (2008) 160 Cal. App.4th 1188, 1202, which held that in a FEHA case, “a plaintiff's financial resources must...
2024.03.08 Motion to Quash Records Subpoena 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.08
Excerpt: ...onditions as the court shall declare including protective orders. In addition, the cour t may make any other order as may be appropriate to protect the moving party from unreasonable or oppressive demands including unreasonable violations of the moving party's right of privacy. (Code Civ. Proc., § 1987.1.) Where the documents sought are c onsumer records, a notice to consumer must be served before the subpoena is served. (Code Civ. Proc., § 198...
2024.03.08 Petition to Compel Arbitration 129
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.03.08
Excerpt: ...� 1281.2). Defendants have the “burden of proving the existence of a va lid arbitration agreement by a preponderance of the evidence while a party opposing a petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.” (Ruiz v. Moss Bros. Auto Group (2014) 232 Cal.App.4th 836, 842 ; accord (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 [once petitioner alleges the agreement e...
2024.03.08 Motion to Consolidate Actions 409
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.08
Excerpt: ...posed request for judicial notice is GRANTED. I. Background This case, file d in 2022, is a wage-and -hour class action involving the non- exempt employees of Herbalife Manufacturing, LLC. Suri Figueroa, the sole remaining plaintiff in the operative Second Amended Complaint (2AC), brings the following claims: (1) minimum wage violat ions, (2) overtime violations, (3) meal break violations, (4) rest break violations, (5) sick time violations, (6)...
2024.03.08 Motion to Compel Production 736
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.03.08
Excerpt: ...��all communications between Plaintiff and Mr. Walters co nceivably relevant to the Gifting Transaction for the years 2013 - 2014”].) Busch has failed to set forth specific facts showing good cause for any further production. (See Code Civ. Proc., § 2031.310, subd. (b)(1); Glenfed Develop. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117 [good cause]; see also Chute Decl. ¶ 11.) Good cause must be supported by factual evidence, such ...
2024.03.08 Motion to Compel Deposition of PMQ 742
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.08
Excerpt: ...onically stored information, or tangible thing described in the deposition notice” if, “after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection an...
2024.03.08 Motion to Compel Arbitration 795
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08
Excerpt: ... Seyfarth Shaw LLP, seeks to be admitted pro hac vice to represent Defendants Hyatt Corporation and The Hyatt Corporation Compensation Committee. UPCOMING EVENTS: None Mr. Schwartz -Fenwick attests that within the preceding two years, he has applied and been admitted to appear pro hac vice in one matter in Calif ornia: Lance Baird v. Hyatt Corporation, et al., C.D. Cal., Case No. 2:22 -cv - 01620, March 1, 2023. Mr. Schwartz -Fenwick attests that...
2024.03.08 Motion to Compel Arbitration 086
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08
Excerpt: ...tiff's individual claims, dismissing the class action claims, and stayi ng all proceedings pending completion of arbitration. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action. On October 5, 2023, Plaintiff Antonio Cornejo Herrera, individually and on behalf of all others similarly situated (“ Plaintiff”), filed a Complaint against Defendants The Picerne Group, Inc.; TPG Property Management, Inc.; and Pice...
2024.03.07 Motion to Compel Binding Arbitration 408
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Excerpt: ...UNSTOPPABLE AUTOMOTIVE GROUP, LLC (Plaintiff's former employer) separately moves for an aw ard of fees. Initially, the action was initiated on 4/19/2023 when Plaintiff filed the Complaint. Thereafter, she filed a First Amended Complaint on 4/25/2023 pleading causes of action for Sexual Harassment, Retaliation, Failure to Prevent Harassment and Retaliation, Retaliation under Labor Code. The parties herein do not dispute that a valid Arbitration ...
2024.03.07 Demurrer, Motion to Strike 363
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.07
Excerpt: ...h 230, 251 -252, citing Bus. & Prof. Code, §17200.) “B ecause…section 17200 is written in the disjunctive, it establishes three varieties of unfair competition – acts or practices which are unlawful, or unfair, or fraudulent.” (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 252.) Relevant herei n, “[b]y proscribing ‘any unlawful' business practice, ‘section 17200 ‘borrows' violations of other laws and treats them a...
2024.03.07 Demurrers, Motion to Strike 446
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Excerpt: ... true.” (SI 59 LLC v. Variel Warner Ventures, LLC (2018) 29 Cal.App.5th 146, 154; CACI 1903.) “It also requires the tortfeasor's intent to induce reliance, justifiable reliance by the person to whom the false assertion of fact was made, and damages to that person.” (Ibid.) “An implied assertion of fact is ‘not enough' to support liability.” (Ibid.) Like fraud, negligent misrepresentation must be specifically pled. (Cadlo v. Owens - ...
2024.03.07 Motion for Summary Adjudication 018
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.03.07
Excerpt: ...� 437c, subds. (a), (p)(2); SSUMF Nos. 18 -37 [COA 1], 48 -56 [COA 1], 68 -72 [COA 1]; 148 -160 [COA 2]; 339 -352; [COA 5]; and 357 -370 [COA 6].) Plaintiff has failed to meet her burden to identify a triable issue of material fact with admissible evidence. Plaintiff's attempt falls short as she seeks to establish a triable issu e through a self-serving declaration or citation to evidence that does not actually contradict the material facts Defen...
2024.03.07 Motion for Summary Judgment
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.03.07
Excerpt: ...tion of the party in question.” (Id. at 851.) The parties must set forth admissible evidence. (Code Civ. Proc., § 437c, subd. (d).) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc., § 437c(p)(2).) The scope of this burden is determined by the allegations of t...
2024.03.07 Motion for Summary Judgment 129
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.03.07
Excerpt: ...existence of duty/absolute duty]; Chee v. Amanda Goldt Property Management (2006) 143 Cal.App.4th 1360, 1369 [“landlord does not owe a duty of care to protect a third party from his or her tenant's dog unless the landlord has actual knowledge of the dog's dangerous propensities”]; accord, Fraser v. Fa r v i d (2024) – Cal.App.5th – (Fraser) [2024 WL 510111, at *1]; see also Def. SSMF Nos. 3, 6 -9, 12 -16, 19.)“ ‘Under California law, ...
2024.03.07 Motion for Summary Judgment, Adjudication 039
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.07
Excerpt: ... 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 a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the...
2024.03.07 Motion to Bifurcate Action 347
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Excerpt: ...urt may, when the convenience of witnesses, the ends of ju stice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be hel d, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the ...
2024.03.07 Motion to Compel Arbitration 047
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.03.07
Excerpt: ...ion consistent with the provisions of the arbitration agreement . The POS in this matter shows service by mail and email but absent an agreement to the contrary such service would not be code -compliant. However, respondent's counsel appeared at the prior hearing mooting the issue of service. Code Civ. Proc. §410.5 0; In re Marriage of Obrecht (2016) 245 Cal.App.4th 1, 7 -13 (finding appearance at hearing to be general appearance where no objec...
2024.03.07 Motion to Deny Application for Determination of Good Faith Settlement 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Excerpt: ...ward -Clyde & Associates (1985) 38 Cal.3d 488. Any party objecting to a proposed settleme nt has the burden to prove an absence of good faith. (Code Civ. Proc., § 877.6, subd. (d).) The objecting party must prove that the settlement is “so far out of the ballpark” in comparison to the Tech- Bilt factors that it is inconsistent with the equitab le objectives and purposes of section 877.6. (Tech -Bilt, supra, 38 Cal.3d at pp. 499 -500.) Page 1...
2024.03.07 Motion to Compel Further Responses 059
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.07
Excerpt: ...f Documents No. 7. Generally, Plaintiff moves to compel Defendant District to provide the following information and documents: (1) contact information of three students who allegedly assaulted Plaintiff; (3) names and contact information of “Students E -M,” who were third party witnesses to the alleged incident(s); and (3 ) Documents reflecting witness statements of third parties regarding the incident(s). Defendant objects and refuses to pr...
2024.03.07 Motion to Compel Further Responses 244
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.07
Excerpt: ...Procedure section 2030.300, subdivision (c). On Septemb er 29, 2023, Defense Counsel emailed as follows: “Let's do October 31 as the deadlines for both parties to move to compel on all discovery to date served on each other (unless the current deadline is later than that, in which case the later deadline contro l s ) …” (¶9 of Watson Declaration and Exhibit 5 thereto; See also ¶7 of Rutten Declaration and Exhibit H thereto [ROA No. 101 at...
2024.03.07 Motion to Compel Further Responses, for Sanctions 404
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.07
Excerpt: ...ction (Set One), and Requests for Admissions (Set One). The court exercises its discretion to consider defendant's late -filed oppositions. For the following reasons, plaintiffs' motions are granted. Defendant asserts it has “never refused to provide the supplemental responses and will provide verified supplemental re sponses to the at issue discovery requests prior to the hearing on the Motions.” Gonzales Decl. (ROA 237) ¶ 10. Defense cou...
2024.03.07 Motion to Compel Responses 858
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.07
Excerpt: ...er 31, 2023 were untimely. Motion (ROA 49) at 4:25 -28. Plain tiff served defendant with the Special Interrogatories and Requests for Production by email on September 27, 2023. Suh Decl. (ROA 39) Ex. A; Suh Decl. (ROA 45) Ex. A. Defendant's responses were due October 31, 2023, i.e., 30 calendar days, plus 2 court d ays for electronic service. Civ. Proc. Code §§ 1010.6(a)(3)(B), 2030.260(a), 2031.260(a). Defendant's responses were timely. Plaint...
2024.03.07 Motion to Continue Trial 074
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.07
Excerpt: ...n of the motion. To assist the parties in resolving the matter i nformally, the court would offer the following thoughts. The court notes that the motion is procedurally improper on numerous grounds. It does not, for example, specify the time, place, manner, scope, and nature of the examination in accordance with the requirements of Code of Civil Procedure section 2032.310. Nor does it comply with the California Rules of Court that govern motion ...
2024.03.07 Motion to Establish Truth of Matters in RFAs, for Monetary Sanctions 257
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Excerpt: ... has not filed an opposition. Here, on June 21, 2023, Defendants served written discovery, including the instant Request for Admissions, Set One, by mail on Plaintiff, and responses were due no later than July 26, 2023. (Declaration of David W. Tetzlaff, ¶ 4, Ex. A.) To date, Plaintiff has failed to provide any response to Defendants' discovery requests, despite Defendants' counsel's attempts to meet and confer on August 22, 2023. (Id., ¶¶ 5,...
2024.03.07 Motion to Permit Filing of Roe Amendment 267
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.07
Excerpt: ..., as a Roe defendant was filed only on February 9, 2024. Moe has been an active defendant since the beginning of the case. Moreover, this case has been actively litigated by all parties as evidenced by the discovery propounded, the law and motion practice, and the many cross -complaints which have been filed. There have also been suggestions that the scope of the case has expanded tremendously over the years. On the one hand, waiting over seven...
2024.03.07 Petition to Compel Arbitration 486
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.03.07
Excerpt: ...ion, violation of Business and Professions Code section 17200 (UCL), and br each of implied warranty; and the 5th cause of action for violation of Consumer Legal Remedies Act (CLRA) to the extent it seeks any relief (see Compl. ¶¶ 77, 79 -80) other than public injunctive relief (id. ¶ 81). To be clear, the petition is DENIED to t he extent it seeks an order compelling arbitration of the 4th cause of action for liability on dealer bond, and the...
2024.03.07 Special Motion to Strike
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.03.07
Excerpt: ...tutory references to the CCP unless otherwise no ted). An “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” includes: (1) Any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law; (2) Any written or oral statement or writing made in connection wi...
2024.03.07 Demurrer, Motion to Strike 297
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.07
Excerpt: ....) When considering demurrers, courts read the allegations lib erally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720 -21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) As such, the court assumes the truth of the complaints properly pleaded or implied factual alleg...

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