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2021.08.05 Motion for Summary Judgment, Adjudication 588
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.08.05
Excerpt: ... attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) “[F]rom commencement to conclusion, 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.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is ...
2021.08.05 Demurrer 747
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.08.05
Excerpt: ...e FAC was filed and reclassified. Shirdel was not a party to the action when the Complaint was filed and was added after Plaintiffs filed the FAC. Shirdel shall is ordered to pay the first appearance fee within 10 days. The Court also notes Defendant did not file a proof of service showing the demurrer and supporting papers were properly served on Plaintiffs. Proof of service of the moving papers must be filed no later than five court days before...
2021.08.05 Demurrer, OSC Re Dismissal 365
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.08.05
Excerpt: ...Special demurrers based on uncertainty 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 Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) Here, Plaintiffs' allegations are not so confusing that Defendants cannot reasonably discern w...
2021.08.05 Demurrer, Motion to Strike 936
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.08.05
Excerpt: ... control, undercapitalization, use of corporate shells to avoid liability (such as that alleged in the FAC), and the other elements of alter ego. [FAC ¶¶ 8- 10.] “Courts have followed a liberal policy of applying the alter ego doctrine where the equities and justice of the situation appear to call for it rather than restricting it to the technical niceties depending upon pleading and procedure.” Greenspan v. Ladt, LLC. (2010) 185 Cal. App. ...
2021.06.30 Demurrer, Special Motion to Strike 221
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.06.30
Excerpt: ...3) Plaintiff's third cause of action, for religious discrimination in violation of Government Code Section 12940(a); and (4) Plaintiff's fifth cause of action, for defamation under Civil Code Section 46. Defendant also demurs to the same four causes of action – the first, second, third, and fifth – as well as to Plaintiff's ninth cause of action for waiting time penalties, and eleventh cause of action for declaratory and injunctive relief. In...
2021.06.30 Demurrer, Motion to Strike 750
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.06.30
Excerpt: ...e demurrer is overruled as to the fourth and fifth causes of action under FHA and the ADA, as well as the sixth cause of action under FEHA. The City's unopposed motion to strike is granted without leave to amend. The City's requests for judicial notice are granted. Demurrer First Cause of Action for Violation of 42 U.S.C. §1983/Equal Protection and Procedural Due Process14 th Amendment As in prior iterations of their cross-complaint, Cross-Compl...
2021.06.30 Motion for Summary Judgment 488
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.06.30
Excerpt: ...ages in the Prayer for Relief (Issue 10). The Motion is moot in its entirety as to now dismissed Defendants Albert Chavez and Rafael Martinez. (ROA 155) A. Evidentiary Issues The Court notes that the objections filed by Defendant to the evidence submitted by Plaintiff in opposition to the Motion do not comply with the formatting requirements of Rule 3.1354 of the California Rules of Court. Instead of succinctly stating the testimony objected to a...
2021.06.07 Motion to Strike 162
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.06.07
Excerpt: ...e a trust amendment on the grounds of undue influence, rescission of trust amendment due to mistake of law, and intentional interference with an expected inheritance (the “Blake Petition” or the “Petition”). Plaintiff also asks the Court to take judicial notice of a 9/14/2020 Minute Order relating to the Blake Petition, and written discovery propounded on Blake in connection with the Petition and his responses thereto. Barbara objects to ...
2021.06.07 Motion for Protective Order 170
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.06.07
Excerpt: ...ffs and Plaintiffs' vehicle that is the subject of their Complaint or, alternatively, strike them in their entirety; and (4) narrow the scope of Plaintiffs' Requests for Production of Documents, Set One, Nos. 1-124 to those requests seeking information concerning Plaintiffs and the specific vehicle that Plaintiffs owned that is the subject of their Complaint, and to FCA's documents relating specifically to Plaintiffs and the Subject Vehicle. This...
2021.06.07 Demurrer, Motion for SLAPP 105
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.06.07
Excerpt: ...on”) as to Defendant Anne Jung only. The Court denies the Special Motion to Strike as to Defendants Yung Jung and CMG. This Motion originally was heard May 10, 2021 the hearing was continued for additional briefing on the narrow issue specified in the Court's Minute Order of 5/14/21 (ROA#89) Defendants' Request for Judicial Notice, which was filed for the first time with their reply, is denied. Jay v Mahaffey (2013) 218 Cal.App.4th 1522, 1536. ...
2021.05.24 Motion for Summary Judgment, Adjudication 485
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.24
Excerpt: ....” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) With respect to the others, the request is denied, as the Court finds they are not the proper subjects of judicial notice. “[F]rom commencement to conclusion, 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.” (Aguil...
2021.05.24 Demurrer, Motion to Strike 577
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.24
Excerpt: ... state a cause of action for legal malpractice, a plaintiff must allege, among other things, facts showing that but for the alleged malpractice, the plaintiff would have obtained a more favorable result. Jocer Enterprises, Inc. v. Price (2010) 183 Cal.App. 4th 559, 572; see also CACI 601 (to recover damages for a lawyer's negligent handling of a legal matter, a plaintiff must prove that he would have obtained a better result if the defendant lawy...
2021.05.24 Motion to Compel Arbitration 782
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.24
Excerpt: ...bitration provision to be unconscionable. The general rule is that “one must be a party to an arbitration agreement to be bound by it or invoke it.” DMS Servs., Inc. v. Superior Court (2012) 205 Cal.App.4th 1346, 1352 (internal quotes and citation omitted). Courts have recognized limited exceptions to this general rule: “there are six theories by which a nonsignatory may be bound to arbitrate: (a) incorporation by reference; (b) assumption;...
2021.05.24 Motion to Compel Further Responses 663
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.24
Excerpt: ...Code Civ. Proc. § 2016.040; Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435. The Parties are ordered to further meet and confer and to submit (in place of a separate statement) “a concise outline of the discovery request and each response in dispute.” Cal. R. Ct. Rule 3.1345(b)(2). The first page of the outline shall provide the “set and number” of the interrogatories that are still at issue. Cal. R. Ct. Rule 3.1345(d). The o...
2021.05.24 Motion for Summary Judgment, Adjudication 288
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.24
Excerpt: ...anderson (“Shawn,” together with John, “Plaintiffs”), or, in the alternative, for Summary Adjudication as to each of the three causes of action asserted therein, are DENIED. Defendants' evidentiary objections are sustained as to nos. 3, 8 and 9 and overruled as to nos. 1, 4 and 7. The Court declines to rule on nos. 2, 5 and 6 because the evidence is not material to its disposition of the motions. Code Civ. Proc., § 437c(q). Merits At the...
2021.05.17 Motion to Compel Production of Docs 390
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.17
Excerpt: ...o show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial). (Glenfed Develop. Corp. v. Superior Court (National Union Fire Ins. Co. of Pittsburgh, Pa.) (1997) 53 Cal.App.4th 1113, 1117; Weil & Brown, Cal. Practice Guide:...
2021.05.17 Motion for Summary Judgment, Adjudication 155
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.17
Excerpt: ...g a purchase agreement for the purchase of real property commonly known as 12802 Panorama Crest, Santa Ana, CA 92705 (the “Property”). Third Am. Compl. (“TAC”) at ¶ 103. The concealment/ misrepresentations were relate to certain defects in the plumbing, including the sewer systems, of the Property, which Plaintiff alleges were made by the Suders. TAC at ¶ 13. CCP Section 437c Standard In seeking summary adjudication, Plaintiff bears the...
2021.05.17 Motion for Summary Judgment, Adjudication 024
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.17
Excerpt: ...otice is denied. Plaintiff's objections to ¶ 2, Ex A., ¶ 5, Ex. D., ¶ 7 and Ex. F of the declaration of James Werner are sustained. Plaintiff's objections to ¶ 3, Ex. B, ¶ 4, and Ex. C are overruled. Plaintiff's objections to the declaration of Kelly Parkman are all overruled. Defendant's objections to the declaration of Christopher Barry are sustained. Defendant's objections to the declaration of Mark Jannesari are overruled as to nos. 1 an...
2021.05.17 Demurrer, Motion to Strike, Petition to Compel Arbitration 937
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.17
Excerpt: ...itted structures on the property) and have brought an action for (among other things) fraud and misrepresentation, unfair business practices and promissory estoppel. In addition to naming the Dennis Defendants, Plaintiffs have sued Defendant Berkshire Hathaway (which is alleged to be the listing agent and broker for the sale of the property); Defendant Michael Bianchi (“Bianchi”), who allegedly signed the Agreement in his capacity as a real e...
2021.05.10 Motion for Writ of Mandate 081
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.10
Excerpt: ...by any court to any inferior tribunal, corporation, board or person…to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that inferior tribunal, corporation, board, or person.” Pursuant to Corporations Code section 1601, “[t]he accounting books and records and minutes of proceedings of the shareholders and the board and committees...
2021.05.10 Motion for Sanctions 107
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.10
Excerpt: ...nt's purported “utilization of the same scheme” to defraud other persons, and discovery orders in other cases. The Court did not consider this evidence. However, the Court did consider Defendant's deposition testimony, notwithstanding the fact that Plaintiff originally proffered an uncertified, “rough” copy of the transcript, because Plaintiff later supplemented the record with a certified transcript. Failure to respond to an authorized m...
2021.05.10 Demurrer, Motion to Strike 750
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.10
Excerpt: ...ltimate facts, in ordinary and concise language, and with sufficient detail to acquaint a defendant with the nature, source and extent of the claim. The degree of detail required depends on the extent to which the defendant in fairness needs such detail which can be conveniently provided by the plaintiff. Less particularity is required when the defendant ought to have co-extensive or superior knowledge of the facts. Under normal circumstances, th...
2021.05.10 Demurrer, Motion to Strike 105
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.10
Excerpt: ...second is Defendants' Demurrer to Plaintiff's Complaint. Special Motion to Strike the Complaint The Court grants the Special Motion to Strike (the “Motion”) as to Defendant Anne Jung. The Court denies the Motion as to Defendants California Mortuary Group Inc. and Yung M. Jung. Defendants' Request for Judicial Notice, which was filed for the first time with their reply, is denied. Jay v Mahaffey (2013) 218 Cal.App.4th 1522, 1536. Defendants' e...
2021.05.03 Demurrer, OSC Re Monetary Sanctions 310
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.03
Excerpt: ...emurrer in part and overrules it in part. Plaintiffs are granted 20 days leave to amend. (1) The Demurrer to Plaintiffs' Second Cause of Action against Defendant Noour for breach of fiduciary duty of loyalty is sustained. The Second Cause of Action alleges that: “Defendant NOOUR was in a contractual relationship with Plaintiffs to provide sales representation in exchange for commission on sales revenue.” (FAC, ¶31). The law is clear that a p...
2021.05.03 Demurrer, Motion to Strike 100
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.05.03
Excerpt: ...hich 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, and what remedies are being sought. (Leek ...
2021.04.26 Demurrer, Motion to Strike 578
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.26
Excerpt: ...s (IIED). The Court notes that the battery and assault claims have not been pled against Defendant. (See Cal. R. Ct. Rule 2.112.) Thus, the general demurrers are overruled as moot. With respect to the IIED claim, Defendant contends this claim has not been alleged with sufficient specificity because Plaintiff is purportedly “pretending” Defendant was at the store when the incident occurred. (Dem. at 8.) The Court disagrees. Liberally construin...
2021.04.26 Motion to Set Aside or Vacate Default 473
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.26
Excerpt: ...s no company with the name “Lava Textiles.” There are four companies: Lava BVBA is a Belgian company that owns three other companies, including Lava USA, Inc., a South Carolina corporation – another defendant in this action. [Vanwelden Decl., ¶ 3.] According to Lava USA's discovery responses, it also does business in the US under the name Lava Textiles. [Vanwelden Decl., ¶ 9 and Ex. C.] Plaintiff was a customer of Lava USA, Inc. Lava BVBA...
2021.04.26 Motion to Compel Further Responses 067
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.26
Excerpt: ...30 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. Code Civ. Proc. § 2030.300(a). Here, Plaintiff moves to compel Defendant's further responses to form interrogatory 12.1, which requests the name, address, and telephone number of each individual who witnessed the “INCIDENT,” or events before or after, who made any statements at the scene o...
2021.04.19 Motion to Compel Further Responses 126
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.19
Excerpt: ...l further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under Code Civ. Proc., § 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. Code Civ. Proc. § 2030.300(a). Here, Plaintiff moves to compel Defendant's further responses to form interrogatory 12.1...
2021.04.19 Motion for Bifurcation 762
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.19
Excerpt: ...tice is needed. CCP Section 598 states that “The court may, when the convenience of witnesses, the ends of justice, 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 held, or, in other cases, no later than 30 days before the trial date, that the trial ...
2021.04.19 OSC Re Preliminary Injunction 818
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.19
Excerpt: ...ip, or further encumbering the real property commonly known as 2323 Almira Avenue, Fullerton, CA 92831. Plaintiff did not show she properly served the temporary restraining order and order to show cause on Entra. Code Civ. Proc., § 527, subd. (d)(2); Cal. Rules of Ct., Rule 3.1150(a); 3/17/2021 Minute Order. In addition, Plaintiff did not show a copy of the summons and complaint have been properly served on Entra. Code Civ. Proc., § 415.30; Zil...
2021.04.12 Motion to Compel Production of Docs 079
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.12
Excerpt: ...xtent Faylor has any additional documents in his possession, custody or control that are responsive to Nos. 64, 66, and 67, he is ordered to produce them within 20 days. The Motion is granted as to Nos. 69 and 70. Faylor is ordered to provide amended verified responses to these requests that fully comply with the Code, within 20 days. The Motion is denied as to Nos. 75, 76, and 77. With respect to sanctions: Faylor is ordered to pay Moving Partie...
2021.04.12 Demurrer, Motion to Strike 381
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.12
Excerpt: ...ant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppressio...
2021.04.12 Demurrer 161
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.12
Excerpt: ...of action in the FACC. Cross-Defendant's unopposed request for judicial notice is granted. Evid. Code, § 452, subd. (h); Fellom v. Adams (1969) 274 Cal.App.2d 855, 864; Bus. & Prof. Code, §§ 7080.5 and 7081. Cross-Complainants' unopposed request for judicial notice is denied. Although a Court may take judicial notice of the existence of Web sites and blogs, a Court may not take judicial notice that their contents are true. Ragland v. U.S. Bank...
2021.04.05 Demurrer 878
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.05
Excerpt: ..., opposing the demurrer on the merits without objecting to the untimely notice. See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 (Where a party files an opposition, appears and argues at the hearing, never requests a continuance of the hearing and never claims prejudice by reason of insufficient notice or service, the opposing party “waive[s] any claim of inadequate service or notice.”) No reply was filed. Subject to Defendants' objection ...
2021.04.05 Demurrer 283
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.05
Excerpt: ...proof of service of the Opposition papers did not include either the server's or the recipient's email address, as required by CCC Section 1013b(b)(1) and (3). Counsel is admonished to fully comply with the statute. Plaintiff demurs to the second cause of action for fraud in the SACC on the ground that RMS did not allege facts with the required specificity to state a cause of action for fraud; Plaintiff also demurs on the ground of uncertainty. R...
2021.04.05 Demurrer 825
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.05
Excerpt: ... Fourth and Fifth causes of action vs. how they are actually pled in the body of the FAC. The fifth cause of action is for breach of oral and written agreement (not breach of fiduciary duty, as stated on the caption page). The Court further notes that after the Opposition was filed, Plaintiff dismissed BBody as a defendant in every cause of action except for the four derivative claims – the Seventh through Tenth Causes of Action – in which BB...
2021.04.05 Demurrer, Motion to Strike 076
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.05
Excerpt: ...ng Moving Defendants. Plaintiff offers no explanation for his tardy opposition and does not meet a CCP § 473 standard. The Court recognizes that Plaintiff's late filing of the Opposition deprived Defendants of the opportunity to file a Reply Brief, and the Court is willing to continue the hearing on the Demurrer to permit Defendants to file a Reply Brief if they wish to do so. Defendants shall advise the Court at the hearing if they wish to cont...
2021.04.05 Motion for Summary Judgment, Adjudication 230
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.05
Excerpt: ... Cover Right brings claims against State Fund for negligence and equitable indemnity, afterPplaintiff Creditors Adjustment Bureau, Inc., State Fund's assignee, filed suit to collect on an alleged premium underpayment of Cover Right's workers compensation insurance. Cover Right alleges that, as of November and December 2017, State Fund “intended to increase [Cover Right's] premium rate in governing classifications by 25 percent or greater in pol...
2021.04.05 Motion to Compel Arbitration 099
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.04.05
Excerpt: ... the costs of the arbitration. These proceedings are stayed pending completion of the arbitration. Code Civ. Proc. § 1281.2 provides, inter alia: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an ag...
2021.03.29 Demurrer, Motion to Strike 126
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.03.29
Excerpt: ...herein) 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, and what remedies are being sought. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) On dem...
2021.03.29 Demurrer, Motion to Strike 100
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.03.29
Excerpt: ...n of their seventh cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”); Quantum Cooking Concepts, Inc. v. LV Associates, Inc. (2011) 197 Cal.App.4th 927, 934 (trial court was justified in denying post-trial motions for failure to provide adequate memorandum; “Rule 3.1113 rests on a policy-based allocation of resources, preventing the trial court ...
2021.03.29 Demurrer, Motion to Strike 096
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.03.29
Excerpt: ...omplaint. As an initial matter, the Court notes Demurring Parties did not file a proof of service for the demurrer or the motion to strike. “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” Cal. Rules of Ct., Rule 3.1300(c). Because Plaintiff served and filed a timely opposition on the merits without objecting to service, the Court exercises its discretion to hear th...
2021.03.29 Application for Right to Attach Order, Writ of Attachment, Demurrer 079
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.03.29
Excerpt: ...led to show good cause to continue the hearing on the Application so he can, in effect, re-do his papers in support of the Application. None of the reasons Plaintiff gives for the requested continuance constitutes good cause, including, e.g., (1) Plaintiff's assertion that he intends to obtain counsel; (2) Plaintiff's assertion that he did not know the deadline for submission of the opposition brief; (3) Plaintiff's professed need for further dis...
2021.03.22 Motion to Compel Further Responses 100
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.03.22
Excerpt: ...jection to an interrogatory is without merit or too general. Code Civ. Proc. § 2030.300(a). Plaintiff moves to compel GM's further responses to her form interrogatories numbered 12.1 and 15.1. Form Interrogatory 12.1 requests the name, address, and telephone number of each individual who witnessed the “INCIDENT,” or events before or after, who made any statements at the scene of the “INCIDENT, who heard any statements about the “INCIDENT...
2021.03.22 Motion for Summary Judgment, Adjudication, to Seal 038
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.03.22
Excerpt: ... RJN The Court grants Defendants' request to judicially notice the Complaint, FAC, and SAC from the 2015 case. (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 CA4th 97, 113; Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 CA4th 471, 482-484.) Moving Separate Statement Defendants' Separate Statement renders this Motion as one for summary judgment because all 128 Undisputed Facts are repeated as to all five distinct issues. Any one disputed...
2021.03.22 Motion for Reconsideration 728
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.03.22
Excerpt: ... its discretion to relieve Defendants of the consequences of their waiver of jury trial, because Defendants missed the deadline by more than 14 months, there would be no significant prejudice to Defendants as most of the claims were equitable, and at the time, it appeared that the potential for prejudice to Plaintiff existed as neither of the parties had submitted any jury instructions by the deadline. (ROA 348, 2/10/21 Minute Order.) Defendants'...
2021.03.22 Motion for Judgment on the Pleadings 595
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.03.22
Excerpt: ...h Sellers. [Complaint, ¶ 15 and Ex. 1.] The attached agreement is also signed by the agents but expressly states that they are not parties to the agreement between Buyer and Seller. [Complaint, Ex. 1 at 10.] Plaintiffs also allege that “Defendants” hired moving Defendant Bowers Termite. [Complaint, ¶ 20 and Ex. 3.] Plaintiffs attach Defendant's inspection report – titled Standard Notice of Work Completed and Not Completed – and allege t...
2021.03.22 Demurrer 578
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.03.22
Excerpt: ...udicial notice, the Court takes judicial notice that these documents were recorded, but it does not take judicial notice of disputed facts in the recorded documents. Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1374-1375; see also Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 659 (trial court could take judicial notice of complaints but could not use the allegations in those complaints to res...
2021.03.22 Demurrer 136
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2021.03.22
Excerpt: ...e (1) parties capable of contacting, (2) their consent, (3) a lawful object, (4) sufficient cause or consideration, (5) plaintiff's performance or excuse for failure to perform, (6) defendant's breach, and (7) damage. Civ. Code §§ 1550, 1605; CDF Firefighters v. Maldonado (2008) 158 Cal. App. 4 th 1226, 1239. A written contract may be pleaded either by its terms—set out verbatim in the complaint or a copy of the contract attached to the compl...

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