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2022.07.21 Motions to Compel Answers, Production 426
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.21
Excerpt: ...e verified responses, without objections, to Plaintiff Jamie Askew's Form Interrogatories, Set One is GRANTED. New evidence submitted with Reply: “The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.” (Jay v. Mahaffey (2013) 218 Cal. App. 4th 1522, 1537.) However, where the evidence is to fill in gaps raised by the opposition or goes to the admissibility of evidence submitted in opp...
2022.07.21 Demurrer, Motion to Strike 393
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.21
Excerpt: ...n for fraud for uncertainty and failure to state a cause of action. 1. Uncertainty When a demurrer is made on the ground of uncertainty, it must specify exactly how or why the pleading is uncertain, and where such uncertainty appears. (See Fenton v. Groveland Comm. Services Dist. (1982) 135 Cal.App.3d 797, 809, disapproved on other grounds by Katzberg v. Regents of Univ. of Calif. (2002) 29 Cal. 4th 300, 328 fn. 30, [generally, the failure to spe...
2022.07.21 Demurrer 935
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.21
Excerpt: ...tiff's entitlements for the development have not yet been issued by the City of Huntington Beach. Plaintiff responds that this is an affordable housing project covered by SB 35 and the City's approval of this particular project is therefore ministerial, not discretionary. To be the proper subject of declaratory relief, a controversy must be “ripe,” as stated in Zolly v. City of Oakland (2020) 47 Cal.App.5th 73, 90–91 (citations and internal...
2022.07.21 Demurrer 419
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.21
Excerpt: ...endez v. Rancho Valencia Resort Partners, LLC (2016) 3 Cal. App. 5th 248, 262. Elements of an action for private nuisance are: (1) plaintiff must prove an interference with his use and enjoyment of his property; (2) invasion of the plaintiff's interest in the use and enjoyment of the land must be substantial, that is, that it causes plaintiff to suffer substantial actual damage; (3) interference with the protected interest must not only be substa...
2022.07.21 Motion for Summary Judgment, Adjudication 386
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.21
Excerpt: ...rit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (...
2022.07.14 Motions to Quash 998
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.14
Excerpt: ... the statement history, BTS records, deposit and withdrawal records of those accounts from inception to the present date now in your custody.” Moving Defendants argue that the subpoena is overbroad and violates their right to financial privacy. SCC Acquisitions, Inc. v. Superior Court (2015) 243 Cal.App.4th 741, 755–756, holds that corporations have a lesser right to privacy than individuals: “We conclude corporations do not have a right of...
2022.07.14 Motion for Determination of Good Faith Settlement 821
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.14
Excerpt: ...uhart collided with Plaintiff in lane #1, causing Plaintiff to land in lane #2. Right before Defendant James Urquhart collided with Plaintiff, Defendant Madison McKeown was driving behind James and when James slowed upon seeing Plaintiff, Madison changed into lane #2 and subsequently ran over Plaintiff when he fell into her lane. “To determine whether a settlement is in good faith, a trial court must inquire ‘whether the amount of the settlem...
2022.07.14 Demurrer, Motion to Strike 035
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.14
Excerpt: ... those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Go...
2022.07.07 Demurrer, Motion to Strike 151
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.07
Excerpt: ...l must be injured by his reliance. (US Ecology, Inc. v. California (2005) 129 Cal.App.4th 887, 901.) “[T]he doctrine of promissory estoppel is essentially equitable in nature.” (C & K Engineering Contractors v. Amber Steel Co. (1978) 23 Cal.3d 1, 8.) It “employs equitable principles to satisfy the requirement that consideration must be given in exchange for the promise sought to be enforced.” (Raedeke v. Gibraltar Sav. & Loan Assn. (1974)...
2022.07.07 Demurrer 532
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.07
Excerpt: ...des, “The duration of the implied warranty of merchantability and where present the implied warranty of fitness shall be coextensive in duration with an express warranty which accompanies the consumer goods, provided the duration of the express warranty is reasonable; but in no event shall such implied warranty have a duration of less than 60 days nor more than one year following the sale of new consumer goods to a retail buyer. Where no durati...
2022.07.07 Demurrer, Motion to Strike 180
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.07
Excerpt: ...�Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: . . . [¶] (3) Make available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period.” In support of the third cause of action the Complaint alleges that: “In violation of Civil Code section 1793.2, subdivision (a)(3), Defendant...
2022.07.07 Demurrers, Motion to Strike 504
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.07
Excerpt: ...ormance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) In the demurrer, Defendant argues, “It is clear from the language of the contracts that Plaintiff's returns on his investment is a future even that is yet to be determined. To assert a breach of contract cause of action here is premature.” Here, Plaintiff alleges at paragraph 38 of the FAC, “In or ab...
2022.07.07 Motion to Compel Production of Docs 386
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.07.07
Excerpt: ...ntain that Defendant's responses are insufficient. Code of Civil Procedure section 2031.220 provides, “A statement that the party to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall state that the production, inspection, copying, testing, or sampling, and related activity demanded, will be allowed either in whole or in part, and that all documents or things in the demande...
2022.06.30 Motion to Quash Subpoena 224
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.30
Excerpt: ... with your preparation of the accounting attached hereto as Exhibit 1. 2. ALL COMMUNICATIONS between YOU and DEEPAK relating to the accounting attached hereto as Exhibit 1.” The subpoena defines “DEEPAK” to include Defendant's agents or attorneys. If an “expert is solely retained as a consulting expert, the attorney-client privilege applies to communications made by the client or the attorney to the expert in order for the expert to prope...
2022.06.30 Motion to Consolidate 176
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.30
Excerpt: ...operty and confirm beneficiary distributions. A Notice of Related Case was filed on 6/18/21. California Rules of Court, Rule 3.300(h)(1)(C) states the Presiding Judge must determine whether a probate case should be ordered related: “(h) Judicial action (1) Related cases pending in one superior court If all the related cases have been filed in one superior court, the court, on notice to all parties, may order that the cases, including probate an...
2022.06.30 Motion to Compel Arbitration 427
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.30
Excerpt: ...ions] When the parties to an arbitrable controversy have agreed in writing to arbitrate it and one has refused, the court, under section 1281.2, must ordinarily grant a petition to compel arbitration.” (footnotes omitted) The burden is on the party opposing arbitration to show that the contract cannot be interpreted to cover the claims, and any doubt as to whether plaintiff's claims come within the arbitration clause must be resolved in favor o...
2022.06.30 Motion for Reconsideration, Compel Answers 845
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.30
Excerpt: ...against Plaintiff Scott Mullins is DENIED. Defendants move pursuant to Code of Civil Procedure Section 1008 which states in pertinent part: “(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or di...
2022.06.23 Motion to Compel Arbitration 409
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.23
Excerpt: ...ent to arbitrate the controversy exists,” except under certain situations outlined by statute. (Code Civ. Proc. § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revocation of the agreement; (c) a party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out o...
2022.06.23 Motion to Compel Answers, Production of Docs 617
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.23
Excerpt: ...xhibit A thereto). Defendant concedes having received these Amended responses and does not dispute that they were properly verified. (Reply: 2:10-12). In response, Defendant refers back to the lack of verification as to the initial responses and “requests that the Court order Plaintiff to verify his December 17, 2021 responses forthwith.” (Reply: 2: 15-16). However, the initial responses have been superseded by the responses served on May 26,...
2022.06.23 Motion for Leave to File Amended Complaint, Demurrer, Motion to Strike 066
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.23
Excerpt: ...ment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; [¶] (2) State what allegations in the previous previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and [¶] (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the...
2022.06.23 Motion for Attorney Fees 125
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.23
Excerpt: ...ney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. . . Reasonable attorney's fees shall be fixed by the court, and shall be an element of the ...
2022.06.16 Motion for Attorney Fees 607
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.16
Excerpt: ...s, who are not regular employees of any party, actually incurred and reasonably necessary in either, or both, preparation for trial or arbitration, or during trial or arbitration, of the case by the prevailing party.” Application of Civil Code section 3426.4 “naturally raises three questions: Is the defendant the prevailing party? Was the claim made in bad faith? And what is a reasonable fee?” (Cypress Semiconductor Corp. v. Maxim Integrate...
2022.06.16 Motion for Attorney Fees 751
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.16
Excerpt: ...rof. Code § 17200, (2) violation of the California False Advertising Act – Bus. & Prof. Code § 17500, (3) violation of the Uniform Trade Secrets Act – Civ. Code § 3426, (4) conversion, (5) breach of written contract [against Defendant Deihimi], (6) breach of written contract [against Defendant Mai], (7) intentional interference with economic relations, (8) breach of agreements memorialized in writing and of the terms of the stipulation fil...
2022.06.16 Motion to Compel Arbitration 450
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.16
Excerpt: ...le 8.1115(b) applies (that opinion is relevant under the doctrines of law of the case, res judicata or collateral estoppel, or to a criminal or disciplinary action involving the same defendant or respondent in another such action).Thus, the request to judicially notice an order made by a Superior Court is improper. Plaintiff's request for judicial notice is GRANTED. Code of Civil Procedure section 1281.2 states in part, “On petition of a party ...
2022.06.16 Motion to Compel Deposition 092
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.16
Excerpt: ...g under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. [¶] (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040.” Defendant has shown that on August 13, 2021, Defendant s...
2022.06.16 Motion to Compel Further Responses 708
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.16
Excerpt: ...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 the 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) shall be a...
2022.06.16 Motion to SLAPP 767
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.16
Excerpt: ...at the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” (Code Civ. Proc., § 425.16(b)(1).) “Section 425.16 posits ... a two-step process for determining whether an action is a [strategic lawsuit against public participation]. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity.... If the court...
2022.06.16 Motion to Stay Proceedings 426
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.16
Excerpt: ... unobjectionable under our jurisprudence.' [Citation.] 'Nevertheless, a court may decide in its discretion to stay civil proceedings ...' when the interests of justice seem[ ] to require such action.” (Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 885). “The decision whether to stay civil proceedings in the face of a parallel criminal proceeding should be made 'in light of the particular circumstances and competing interests invol...
2022.06.16 Motion to Compel Production 063
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.16
Excerpt: ... with Requests for Production, Set One on October 22, 2021, by mail. (¶4 of Medvei Declaration and Exhibit 1 thereto). As a result, a response was due on or before November 26, 2021. (See C.C.P. §2031.260(a) and C.C.P. §1013(a)). Per Counsel, as of the date this Motion was filed, Defendant had not responded. (¶5 of Medvei Declaration). While Defendant's Counsel declares Defendant provided responses to Plaintiff's Request for Production, Set O...
2022.06.02 Motion to Compel Physical, Mental Exam 798
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.02
Excerpt: ...40, subd. (b).) “If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff's response to that demand, deems that any modification of the demand, or any refusal to submit to the physical examination is unwarranted, that defendant may move for an order compelling compliance with the demand. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc. § ...
2022.06.02 Motion for Preliminary Injunction 028
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.06.02
Excerpt: ...n affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary injunction shall be granted without notice to the opposing party.” The burden is on Plaintiff to show all elements necessary to support issuance of the injunction. (O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1481.) “A superior court must evaluate two interrelated factors when r...
2022.05.26 Motion for Summary Judgment, Adjudication 708
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.26
Excerpt: ...(only to the extent paragraph 29 states “my supervisor”), 20-21, and 31-52. The remaining objections are OVERRULED. Issue No. 1: Plaintiff's First Cause of Action for discrimination in violation of California's Fair Employment and Housing Act (“FEHA”) on the basis of disability fails because WDPR had a legitimate, non-discriminatory basis for issuing Plaintiff a Performance Development Notice (“PDN”) and terminating his employment and...
2022.05.26 Motion for Summary Judgment, Adjudication 091
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.26
Excerpt: ...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 motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Rich...
2022.05.26 Demurrer 984
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.26
Excerpt: ...his case with reasonable precision and with particularity sufficient to acquaint a defendant with the nature, source and extent of his cause of action. . . . The particularity required in pleading facts depends on the extent to which the defendant in fairness needs detailed information that can be conveniently provided by the plaintiff; less particularity is required where the defendant may be assumed to have knowledge of the facts equal to that ...
2022.05.19 Demurrer, Motion to Strike, for Preference 475
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.19
Excerpt: ...dependent adult' means any of the following: [¶] (1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. [¶] (2) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. [¶] (3) Financial abuse, as defined in Section 15610.30.” Welfare & Institutions Code § 15610.57, subdivision (a)(1) defines n...
2022.05.19 Demurrer 431
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.19
Excerpt: ... file a second amended complaint within 20 days. Defendants' request for judicial notice is denied as irrelevant to this motion. First COA - Violation of California Civil Code Section 2923.55 and/or 2923.5 In the first cause of action of the first amended complaint (“FAC”), Plaintiffs allege Defendants violated statutory provisions related to recordation of the Notice of Default. Plaintiffs allege Moving Defendants were the loan servicer at t...
2022.05.19 Motion for Summary Judgment, Adjudication 386
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.19
Excerpt: ...e Declaration of Amy Nguyen are OVERRULED. Defendant's Objections to the Declaration of Alyssa Pimentel are SUSTAINED. Defendant's Objections to the Declaration of Chloe Neely are SUSTAINED. Defendant's Objections Nos. 7, 8, 9, and 10, to the Declaration of Corina Pham are SUSTAINED and the remainder are OVERRULED. Defendant's Objections to the Declaration of Josephine Mirra Chhay are OVERRULED. Defendant's Objections Nos. 11, 12, and 14, to the ...
2022.05.19 Motion to Compel Physical and Mental Exam 079
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.19
Excerpt: ...lace, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” Here, Defendants seek a psychiatric and neuropsychological examination of Plaintiff. Defendants have shown good cause for the examination based on Plaintiff's claims of psychological i...
2022.05.12 Motion to Quash Subpoena 708
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.12
Excerpt: ...the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may ...
2022.05.12 Motion to Compel Production 096
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.12
Excerpt: ... to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall state that the production, inspection, copying, testing, or sampling, and related activity demanded, will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included i...
2022.05.12 Demurrer to Petition 198
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.12
Excerpt: ...ising defendant of the issues it is being asked to meet, a demurrer for uncertainty should be overruled or plaintiff given leave to amend.” (Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139.) Here, Petitioner has alleged denial of increased benefits under the Pandemic Unemployment Assistance program. In the operative amended petition, Petitioner alleges a single cause of action with the following title: “EDD has willfully m...
2022.05.12 Demurrer 224
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.12
Excerpt: ...4 [260 Cal.Rptr. 183, 775 P.2d 508].) Aiding and abetting requires not agreement, but simply assistance. The common basis for liability for both conspiracy and aiding and abetting, however, is concerted wrongful action. (Howard v. Superior Court (1992) 2 Cal.App.4th 745, 749 [3 Cal.Rptr.2d 575]; Rest.2d Torts, § 876.) A corporate employee cannot conspire with his or her corporate employer; that would be tantamount to a person conspiring with him...
2022.05.12 Demurrer 150
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.12
Excerpt: ...ct, a party must plead the existence of a contract, his or her performance of the contract or excuse for nonperformance, the defendant's breach and resulting damage.” (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 307). Here, while the Complaint alleges an agreement the parties would jointly purchase the relevant property as 50/50 owners, for $250,000 each, the Complaint concedes that Plaintiff was unable to pay $250,000 up front....
2022.05.05 Motion to Quash Subpoenas 631
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.05
Excerpt: ...g of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to ...
2022.05.05 Motion for Release of Employment Records 131
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.05
Excerpt: ...t or administrative body upon written notice to the governmental agency which has custody and control of the records. The written notice shall be given at the times prescribed by subdivision (b) of Section 1005 of the Code of Civil Procedure. Upon receipt of the notice the governmental agency served shall immediately notify the individual whose records are sought. ¶ (b) The motion shall include all of the following: ¶ (1) Identification of the ...
2022.05.05 Demurrer, Motion to Strike 964
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.05
Excerpt: ... Leffel to file an amended cross- complaint expires. As a threshold matter, on April 21, 2022, Leffel dismissed his Eleventh Cause of Action for intentional misrepresentation/fraud, so the demurrer as to this claim is moot. STANDARD OF LAW “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine “whether the complaint alleges...
2022.05.05 Demurrer, Motion to Strike 881
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.05.05
Excerpt: ... of limitations. On 4/15/21, the Court sustained Defendant's demurrer to the foregoing causes of action in the original complaint with leave to amend. Plaintiffs' First Amended Complain (“FAC”) filed on 5/5/21 includes the addition of paragraphs 62 and 63, which state: “62. On or about October 18, 2018, with approximately 27,876 miles on the odometer, Plaintiffs had the Subject Vehicle towed to Defendant's authorized repair facility complai...
2022.04.28 Motion for Summary Judgment, Adjudication 888
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.04.28
Excerpt: ...INS the objection to the last sentence based on lack of personal knowledge but OVERRULES the objection as to the first two sentences. For Objection No. 9, the Court SUSTAINS as to “I know from my review of the case file that the main insurance adjuster assigned by Allstate to work on this case file, Mr. Eric Trinidad, disappeared for several weeks during the pendency of this case.” And OVERRULES the Objection to the remainder. The Court OVERR...
2022.04.28 Motion for Attorney Fees 512
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.04.28
Excerpt: ...enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. . Reasonable attorney's fees shall be fixed by the court, and shall be an element of the costs of suit.” Further, Code of Civil Proce...
2022.04.28 Demurrer, Motion to Strike 983
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.04.28
Excerpt: ...in ten days of service of notice of this order. Defendants' request for judicial notice of the Declaration of Plaintiff's owner, Hyung Kim, is DENIED. “The declaration of an adverse party is not a proper subject for judicial notice.” (Big Valley Band of Pomo Indians v. Superior Court (2005) 133 Cal.App.4th 1185, 1192.) 1st COA - Misappropriation of Trade Secrets: Plaintiff alleges that it employed Defendant Yoo as a Sales and Delivery Manager...

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