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2024.05.16 Motion to Tax Costs, Quash Service of Summons and Complaint 313
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.16
Excerpt: ...editor”) is DENIED . On 10/27/22, the Court of Appeal issued a Remittitur which awarded costs to Kreditor. (ROA 117) On 11/14/22, Eoin Kreditor and Fitzgerald Yap Kreditor filed a Memorandum of Costs on Appeal, signed under penalty of perjury by counsel. (ROA119) The Memo o f Costs lists the following costs: 1 - $780.00 for preparation of the original and copies of clerk's transcript of appendix; 2 - $244.00 for preparation of the original and...
2024.05.16 Demurrer 888
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.16
Excerpt: ...rt. Sustained as to causes of action (“COA”) N os. 1, 2, and 6. Overruled as to COA Nos. 3, 4, and 5. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The issue is the suff iciency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as ...
2024.05.16 Demurrer 867
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.16
Excerpt: ...ained in th e complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer only tests the sufficiency of the pleadings (See Satyadi v. West Contra Costa Healthcare District (2014) 232 Cal.App.4th 1022, 1028 [in analyzing a demurrer, the court looks only to the f ace of the pleadings and to matters judicially noticeable]). A. Fraud, and Conspiracy to Commit Fraud Plaintiffs fail to state a cause of action for fraud as to Defendants Jin Yong ...
2024.05.16 Demurrer, Motion to Strike 200
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.16
Excerpt: ...rike Defendant's Motio n to Strike portions of the FAC is GRANTED. Defendant requests the court strike FAC ¶¶ 28 -30 and the prayer for punitive damages. A request for punitive damages must be sufficiently alleged pursuant to Civ. Code § 3294. “Not only must there be circumstances of oppression, fraud or malice, but facts must be alleged in the pleading to support such a claim.” (Grieves v. Superior Court, 157 Cal. App. 3d 159, 166 (Ct. Ap...
2024.05.09 Motion to Strike or Tax Costs 969
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.09
Excerpt: ...by Civ. Proc. Code § § 1032 and 1033.5. Plaintiff was the prevailing party at trial against each of the defendants other than 33D. (ROA #574.) “The mere filing of a motion to tax costs may be a “proper objection” to an item, the necessity of which appears doubtful, or which does not appear to be proper on its face. [Citation.] However, “[i]f the items appear to be proper charges the verified memorandum is prima facie evidence that the...
2024.05.09 Motion for Reconsideration 771
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.09
Excerpt: ... requirements for re lief under C.C.P. § 1008(a). However, the Motion appears to be timely (see Markow Decl. at ¶ 23, in ROA 574), which the Opposition does not dispute. It is also based on “new or different facts, circumstances, or law” sufficient to support the Motion. (Id. at ¶ 24.) It also would in any event support reconsideration on the Court's own Motion, based on what has been presented. (See Le Francois v. Goel (2005) 35 Cal.4th 1...
2024.05.09 Demurrer 712
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.09
Excerpt: ...). Pla intiffs allege that defendants know about the bedbug infestation in their room and failed to completely eradicate it. [Complaint, ¶¶90 -91] From this, the reckless disregard of the probability of emotional injury is alleged. [Complaint, ¶94] These alleg ations are sufficient to state two of the elements. However, defendants have not alleged “severe” emotional distress. “Severe emotional distress [is] emotional distress of substant...
2024.05.02 Petition for Writ of Mandamus 265
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.02
Excerpt: ...ng (“APS”) held on 07/24/23 before hearing officer G. Haros (“Haros”). Haros issued his decision following the APS on or about 08/04/23 (“Decision”). Petitioner lodged copies of all evidence (except for a video) produced at the hearing, the hearing transcript (“HT”), and the De cision with the court. The court first notes that Petitioner stipulated to issues of driving, lawful arrest, and advisement of what would happen if Petiti...
2024.05.02 Motion to Disqualify Counsel 931
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.02
Excerpt: ... (1989) 207 Cal. App. 3d 291, 299) “Motions to disqualify counsel present competing policy considerations. On the one hand, a court must not hesitate to disqualify an attorney when it is satisfactorily established that he or she wrongfully acquired an unfair advantage that undermines the integrity of the judicial process and will have a continuing effect on the proceedings before the court. [Citations.] On the other hand, it must be kept in min...
2024.05.02 Motion to Compel Arbitration and Stay Action 786
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.02
Excerpt: ... This action was initiated on 08/25/23, when Plaintiff file d the Complaint. The Complaint contains sixteen causes of action relating to her employment at Rubio's and her subsequent termination therefrom. The parties dispute whether a valid arbitration agreement exists between the parties and whether the Endin g Forced Arbitration Act of 2022 (“EFAA”) applies to the entire action. 1. Is There an Agreement to Arbitrate that Covers the Claims ...
2024.05.02 Motion for Protective Order 860
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.02
Excerpt: ...annoyance, embarrassmen t, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420(b).) The party seeking a protective order bears the burden of proving that good cause exists for the order. (Emerson Electric Company v. Superior Court (1997) 16 Cal.4th 1101, 11 10.) “Generally, a deponent seeking a protective order will be required to show that the burden, expense, or intrusiveness involved in … [the discovery procedure] ...
2024.05.02 Demurrer 931
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.02
Excerpt: ...d on case law have no application to the facts of this case and thus the demurrer should be sustained without leave to amend. Code of Civil Procedure section 430.20 authorizes a demurrer to an answer where the answer does not state facts sufficient to constitute a defense or is uncertain. Whether an answer states a defense is generally governed by the same principles which are applicable in determining if a complaint states a cause of action. (So...
2024.04.25 Motion for Determination of Good Faith Settlement 860
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.25
Excerpt: ...d Faith Settlement H enkel moves for an order determining that the settlement between Henkel and Plaintiff Mischa Denton (“Plaintiff”) was entered into in good faith pursuant to California Code of Civil Procedure section 877.6. There is no precise yardstick for measuring “goo d faith” of a settlement with one of several tortfeasors. But a court must harmonize the public policy favoring settlements with the competing public policy favoring...
2024.04.25 Demurrer 745
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.25
Excerpt: ...9;s stated cause of action. (Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal.App.3d 873, 879- 880.) As to the first, second, third, fourth, and ninth affirmative defenses, Plaintiffs merely assert that they do not qualify as affirmative defenses because they are simply denials of elements of the causes of action in the Complaint. However, Plaintiffs provide no authority for the idea attacking specific elements of a cause of act...
2024.04.25 Motion to Strike 520
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.25
Excerpt: ...iscretion, and upon t erms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Civ. Proc. Code § 436.) Kui requests the court strike several portions of plaintiff D'Mario Few -Brewer's (“Plaintiff”) First Amended Complaint (“FAC”) which co...
2024.04.25 Motion for Reconsideration 207
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.25
Excerpt: ...Lifeguard Operations Division The City. According to the proof of service attached to the motion, the email address used by plaintiff for the City's counsel is “[email protected]” and the correct email address appears to be “[email protected],” based o n the Court's records. With regard to the motions for reconsideration, such must be filed within 10 days of service on her of notice of entry of the order in question. (Code C...
2024.04.25 Motion to Seal Docs, to Compel Further Responses 931
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.25
Excerpt: ..., special interrogatories and requests for production. Those three motions are CONTINUED as set forth below. MOTION TO SEAL A party requesting that a court record be filed under seal “must file a motion or an application for an order sealing the record.” CRC 2.551(b)(1). “ The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (Id.) Here, Americor submits the ...
2024.04.18 Motion to Compel Additional Neurological Exams 205
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.18
Excerpt: ...party desiri ng to obtain discovery by a second physical examination or mental examination must obtain leave of court. (Code Civ. Proc., § 2032.310(a).) The motion must be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2032.310(b).) The Court “shal l” grant the motion only upon a showing of good cause. (Code Civ. Proc. §2032.320(a).) The within action arises from an auto accident that occurred on 8/20/20. The complaint w...
2024.04.18 Motion for Reconsideration 331
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.18
Excerpt: ...ust be such that the mo ving party could not, with reasonable diligence, have discovered or produced it at the trial.” (New York Times Co. v. Sup.Ct. (Wall St. Network, Ltd.) (2005) 135 Cal.App.4th 206, 212 -213.) The party seeking reconsideration must also provide a satisfactory explanation for failing to present the information at the first hearing; i.e., a showing of reasonable diligence. (Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690; C...
2024.04.18 Motion for Preliminary Injunction 791
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.18
Excerpt: ... forms part of the defendants' back yard wall. The plaintiffs recently purchased the house and obtained a survey whereupon they discovered that the three -foot area in plaintiff's back yard is actually their property. Plaintiffs submit evidence that their detached garage has experienced repeated water intrusion as a result of dirt being up against the side of their garage to a level approximately 1.5 feet above their garage floor. Plaintiffs all...
2024.04.18 Demurrer, Motion to Strike 446
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.18
Excerpt: ...hin 15 days. Demurrer Movin g Defendants demur to the fifth and sixth causes of action in the complaint on the ground said causes of action fail to state a claim and are uncertain. “In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long -settle d rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We a...
2024.04.11 Motions to Compel Depositions 482
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.11
Excerpt: ...e motions t o compel deposition testimony of Ritesh Desai and Dawn Mills are GRANTED but the concurrent motions to compel production of documents are DENIED. MOTIONS TO COMPEL DEPOSITIONS OF VAN ALSTINE, GOMEZ AND CHAMBERLAIN CCP §2025.280 states: “(a) The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to att...
2024.04.11 Motion to Strike 123
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.11
Excerpt: ...any irrelevant , false, or improper matter inserted in any pleading (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc., § 436.) Health & Safety Code sec tion 1430 is part of the Long Term Care Act, which “is a ‘detailed statutory scheme regulating the standard of care provided by skilled nursing facilities to their patients....
2024.04.11 Demurrer 811
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.11
Excerpt: ...lment” against Ford, based on allege d defects in her vehicle, but asserts only economic losses. Under the economic loss rule (the “ELR”), where a purchaser's expectations in a sale are frustrated because the product is not working properly, the remedy is in contract alone, for he has suffer ed only economic losses. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) Claims for monetary losses between contractual p...
2024.04.04 Motion for Summary Judgment, Adjudication 224
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.04
Excerpt: ...initial matter, the court not es Officer Clay was dismissed from Plaintiffs' Complaint on 03/21/24 and Officer Clay dismissed his Cross -Complaint on the same date. (ROA 117, 119.) Thus, Officer Clay is no longer a party to this action. Accordingly, Defendants' request for judgment in f avor of Officer Clay is DENIED AS MOOT. The City raises several arguments in support of its contention that it is entitled to summary judgment in its favor as to ...

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