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2024.02.22 Demurrer 446
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.22
Excerpt: ...chool Dist., (2003) 112 Cal.App.4th 904, 909 [“John R. m akes it clear that a teacher's sexual abuse of a child is not an act for which a school district may be held responsible.”].) Plaintiff makes no argument in the Opposition that the District can be vicariously liable for the conduct of Mills in sexually abu sing Plaintiff. However, as both parties recognize, the District can be vicariously liable for the negligent conduct of its empl...
2024.02.22 Demurrer 297
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.22
Excerpt: ...ike the general demurrer to a complaint, the inquiry is not into the statement of a cause of action but whether the answer raises a defense to the plaintiff's stated cause of action. (Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal.App.3d 873, 879 -880.) Plaintiffs demur to the 15th Affirma tive Defense on the grounds that CCP §340.5 is listed among several statutes of limitation and that it does not apply because it pertain...
2024.02.22 Demurrer 210 (2)
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.22
Excerpt: ...15610.07, subd. (b), 15610.57, subd. (b); Delaney v. Baker (1 999) 20 Cal.4th 23, 34, 82); (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs (Sababin v Superior Court (2006) 144 Cal.App.4th 81, 85, 90); and (3) denied or withheld goods or services necessary to meet the elder or dependent adult's basic needs, either with knowledge that injury was substantially certain to befall the e...
2024.02.15 Motion to Tax Costs 136
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ...rk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. Here, there has been no entry of judgment or dismissal. Accordingly, the time for filing the memo of costs has not run. With respect to the merits of the motion, except as otherwise provided, a prevailing party is entitled as a matter of right to recover costs ...
2024.02.15 Motion to Compel Further Responses 424
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ..., after these motions were filed. In the Replies, Plaintiff contends the supplemental responses remain inadequate. However, there is no indication that Plaintiff attempted to contact Defendant to meet and confer regarding the further responses since said responses were served on Plaintiff in late November and early December. Given the extensive complaints raised by Plaintiff as to the sufficiency of the responses and the lack of meet and confer ...
2024.02.15 Motion to Compel Deposition of PMQ 466
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ...ing 4 categories in dispute, the motion is GRANTED for Categories 9 and 22, and DENIED for Categories 10 and 19. Regarding the request for production of documents (“RFP”), the RFP contained in the deposition notice are identical to the RFP at issue in Plaintiff's motion to compel further RFP responses from Defendant, w hich this court granted in part on 10/19/23. (See Minute Order at ROA 90; Prior motion at ROA 43, Ex. 1.) Thus, the court has...
2024.02.15 Motion for Interlocutory Judgment 631
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ...ons Code §2000. On this Motion, Plain tiff has presented evidence that the amount so incurred is $114,631.43. (ROA 637, 639, 641.) The Opposition presented by Defendants Saeed Sorat (“Sorat”) and Hen House Grill, Inc. (“HHGI”) (here, “Defendants”) does not meaningfully attempt to dispute that those expenses were incurred by Plaintiff for this limited proceeding, except to claim generally that they were “excessive” without showing...
2024.02.15 Motion for Attorney Fees 775
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ...tronixx v. Heger Realty Corp. (1998) 64 Cal.App.4th 698, 706– 707.) The “prevailin g” party is the party who recovered greater relief in the action on the contract. (Civ.C. § 1717(b)(1).) Code of Civil Procedure Section 998 provides, in relevant part: “(a) The costs allowed under Sections 1031 and 1032 shall be withheld or augmented as provided in this section…[¶] (c)(1) If an offer made by a defendant is not accepted and the plaintif...
2024.02.15 Demurrer, Motion to Strike 292
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ...cy of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or impro bable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other e...
2024.02.15 Demurrer, Motion to Strike 183
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ...d Complaint A demurrer for sufficiency tests wheth er the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally 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 ...
2024.02.01 Motion for Attorney Fees 177
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.01
Excerpt: ...r provided.” (Code Civ. Proc., § 1021.) Civil Code section 1717 authorizes an award of reasonable attorney's fees and costs to the prevailing party on contract causes of action. Civil Code section 1717 states: “(a)In any action on a contract, where the contract speciÞcally provides that attorney'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 p...
2024.02.01 Motion to Amend Default Judgment 186
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.01
Excerpt: ...n, and speculation. Mr. Lamkin states that he conducts “internal investigation into Judgment Debtors” for E-Tail. (Lamkin ¶1) Based on his “investigation,” he submits copies of documents that he obtained from the internet and makes several conclusions as to the alter ego and successor corporation theories. E-Tail states that Lamkin “is not an attorney and presents his declaration as a lay witness.” (Reply at 5:16) E-Tail argues that ...
2024.02.01 Motion to Compel Further Responses 059
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.01
Excerpt: ... the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general.” Defendant's motion seeks a further response to Form Interrogatories 9.1/9.2 and 17.1. Plainti¯ objected to 9.1/9.2 on the grounds that manner in which defendant deÞned the term, “incident,” made the interrogatory vague and ...
2024.02.01 Motion to Compel Further Responses 250
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.01
Excerpt: ...s each appears to exceed the appropriate scope of discovery based on what has been shown here to date. For Interrogatory Nos. 13-18, the Motion is GRANTED IN PART. For Nos. 13 -15, GM is to identify (and produce, on Motion 2 below) its warranty policy/procedure manuals and claim handling manuals for the period between Plainti¯s date of purchase and the date of suit; the Motion is otherwise DENIED. Motion 2 is GRANTED IN PART. SpeciÞcally, the...
2024.02.01 Motion to Compel Further Responses 622
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.01
Excerpt: ...s. If a timely motion to compel has been Þled, the responding party has the burden to justify any objection or failure fully to answer the discovery requests. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220-221.) Request for Admissions The Court Þnds Plainti¯'s response to RFA 1 is not “as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2033.220(a).) RFA 1 ask...
2024.01.25 Petition for Writ of Mandate 617
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.25
Excerpt: ...llows: "(b) The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence." In ...
2024.01.25 Motions to Compel Further Responses 683
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.25
Excerpt: ...art and CONTINUED in part. The motions are granted as to Defendants being required to produce a more detailed privilege log ("Log"). (Beral Decl., Ex. 5.) "The purpose of a "privilege log" is to provide a specific factual description of documents in aid of substantiating a claim of privilege in connection with a request for document production. [Citation.] The purpose of providing a specific factual description of documents is to permit a judicia...
2024.01.25 Motion to Compel Further Responses 349
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.25
Excerpt: ...objection or failure fully to answer the discovery requests. (Coy v. Sup.Ct. (Wolcher) (1962) 58 cal.2d 210, 220-221; Kirkland v. superior court (2002) 95 Cal.App.4th 92, 98 [burden shifts to objector after good cause shown for RFPsl; Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725, 733 [party claiming the privilege has burden of establishing preliminary facts necessary to support objection].) The Court finds Plaintiff has shown go...
2024.01.25 Motion for Summary Judgment, Adjudication 448
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.25
Excerpt: ...f the lengthy videos that the court should notice. As the first video is 6.5 hours long and the second is 3.5 hours, the entire recordings are not pertinent, nor can the court easily determine which parts are pertinent. Defendants' objection to Plaintiff's Exhibit 4 is OVERRULED. Defendants' objections to the Declaration of Rick Nehora are SUSTAINED as to objections 6, 7, 9-12, and OVERRULED as to the rest. Defendants' objections to the Declarati...
2024.01.25 Motion for Judgment on the Pleadings 957
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.25
Excerpt: ...of the second cause of achon be struck. Quality brings its Mohon pursuant to Civ. Proc. Code S 438, which permits motions for judgment on the pleadings. "A motion for judgment on the pleadings is akin to a general demurrer; it tests the sufficiency of the complaint to state a cause of action. [Citation omitted.] The court must assume the truth of all factual allegations in the complaint, along with matters subject to judicial notice." (Wise v. Pa...
2024.01.18 Motion to Contest Good Faith Settlement 935
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.18
Excerpt: ...amount of $342,000 was reached at a mediation on 11/11/22. Although Medina had been invited to attend, and had recently filed her answer, Medina opted to not participate in the mediation. (Dorr Decl. 912) The settlement agreement is attached to Dorr's declaration and states that it is "expressly conditioned on court approval of Petitions for Minor's Compromise." (ROA 70, Exh. 1, 913) Section 877.6 allows a settling defendant or crossdefendant to ...
2024.01.18 Demurrer, Motion to Strike 721
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.18
Excerpt: ...lank v. Kirwan (1985) 39 Cal.3d 311, 318.) As to the claim that the entire complaint is uncertain based on the fact that the causes of action do not state which Plaintiff is asserting which claim, the parties have been conducting discovery based on a nearly identical complaint for four years. Any confusion as to parties and claims should have been clarified in that time, as the FAC does not add any substantive facts or changes. Accordingly, the g...
2024.01.18 Demurrer, Motion to Strike 664
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.18
Excerpt: ...ter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 406-407 (Carter), provides, "From the statutes and cases discussed above, we distill several factors that must be present for conduct to consttute neglect within the meaning of the Elder Abuse Act and thereby trigger the enhanced remedies available under the Act. The plaintiff must allege (and ultimately prove by clear and convincing evidence) facts establishing that the defe...
2024.01.18 Demurrer 403
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.18
Excerpt: ...t" against Ford, based on alleged defects in their 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 suffered only economic losses. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) Claims for monetary losses between contractual parties are bar...
2024.01.11 Demurrer, Motion to Strike 925
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.11
Excerpt: ...the suffciency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings...
2024.01.11 Motion to Compel Arbitration 331
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.11
Excerpt: ...136 Cal.App.4th 1110, 1122.) under the FAA, the moving party on a motion to compel arbitration must demonstrate the existence of an arbitration agreement between the parties that covers the controversy or claims at issue. (Roes v. SFBSC Management, LLC (9th Cir. 2016) 656 Fed.Appx. 828, 829; Knutson v. Sirius XM Radio Inc. (9th Cir. 2014) 771 F.3d 559, 565.) In determining the validity or "the rights of parties to enforce an arbitration agreement...
2024.01.11 Motion for Summary Adjudication 002
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.11
Excerpt: ...s"], it is undisputed that the same dealer that sold the vehicle to Plaintiff also provided the warranty service at issue here. (UF 1, 6.) The evidence thus establishes that service facilities were available that were "reasonably close" to where the vehicle was sold. For COA 8 ["Failure to Make Service Literature and Parts Available"], it appears undisputed that the same dealer performed warranty work on Plaintiff's vehicle (UF 7; ROA 131 Ex. D) ...
2024.01.11 Motion to Strike or Tax Costs 725
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.01.11
Excerpt: ...all not be awarded fees and costs unless the court finds the achon was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so." Accordingly, the court must determine if the plaintiff's lawsuit was frivolous, unreasonable, or groundless. "Despite its discretionary language, however, the statute applies only if the plaintiffs lawsuit is deemed unreasonable, frivolous, meritless, or vex...
2023.12.14 Motion to be Relieved as Counsel, to Compel Production of Docs 482
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.12.14
Excerpt: ...ction of Documents, Set One, and for an Order compelling the Defendants to serve verifications for the subject discovery. The two discovery motions are GRANTED, as set forth herein. MOTION TO BE RELIEVED It is initially noted that while counsel filed a single motion, since this is a motion as to three parties, counsel should have filed three separate motions. Without three separate motions, it is not clear which clients are being referred to in t...
2023.12.14 Motion for Monetary and Terminating Sanctions 008
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.12.14
Excerpt: ...or violation of this certification. (Code Civ. Proc„ S 128.7; see Murphy v. Yale Materials Handling Corp. (1997) 54 Cal.App.4th 619, 623.) The purpose of the statute is "to check abuses in the filing of pleadings, petitions, written notices of motons or similar papers." (Musaelian v. Adams 45 Cal.4th 512, 514.) Whether the certificate is violated is tested objectivel',— i.e., whether the paper filed is frivolous, legally unreasonable or witho...
2023.12.14 Demurrer 177
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.12.14
Excerpt: ...tely, for each COA at issue. And under C.C.P. S 430.50, a demurrer shall distinctly specify the grounds upon which any of the objections to the complaint are taken. Here, there is no separate demurrer, and the Notice (at ROA 46) is directed only to COAS 3-5. Accordingly, although the supporting authorities (at ROA 44) also assert arguments about other COAs, and as to the entre action as directed to Mr. Webb, as those arguments were not properly n...
2023.12.07 Motion to Compel Further Responses 079
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.12.07
Excerpt: ...cles in California of the same year, make and model as the subject vehicle are relevant because they may be probative of whether Defendant knew of the defects impacting Plaintiffs vehicle. Further, documents related to Defendant's policy and procedures used to evaluate customer requests for repurchase or replacement under the Song Beverly Act would be relevant to Defendant's good faith compliance with said Act. In addition, documents regarding di...
2023.12.07 Demurrer 349
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.12.07
Excerpt: ...e initial Complaint. "A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint...on grounds that could have been raised by demurrer to the earlier version of the complaint[.]" (Code Civ. Proc., S 430.41, subd. Even if the demurrer was properly raised, it fails on the merits as discussed below. With respect to the first cause o...
2023.11.30 Motion for Summary Judgment, Adjudication 581
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.30
Excerpt: ...t the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reaso...
2023.11.30 Demurrer, Motion to Strike 456
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.30
Excerpt: ...st set forth the essential facts of his or her case ' " 'with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent' " ' of the plaintiffs claim. [Citation.] Legal conclusions are insuffcient. [Citations.] 'We assume the truth of the allegations in the complaint, but do not assume the truth of contentions, deductions, or conclusions of law.' [Citation.]" (Annocki v. Peterson Enterpri...
2023.11.16 Demurrer 133
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.16
Excerpt: ...Request for Judicial Notice. Defendant TIG requests the Court take judicial notice of: (1) the license contractor's bond history page from the California Contractor's State License Board website relating to Classic Remodeling, License No. 980373 (Exhibit 1); and (2) the Complaint filed in this action on April 11, 2023. The Court GRANTS request for judicial notice of Exhibit 1 pursuant to Evidence Code secton 452(h). The Court GRANTS judicial noti...
2023.11.16 Application for Right to Attach Order and Writ of Attachment 407
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.16
Excerpt: ...seized and held until final adjudication at trial." (Lorber Indus. v. Turbulence, Inc. (1985) 175 Cal. App. 3d 532, 535.) Plaintiff seeks a writ of attachment and rightto attach order. A writ of attachment may issued if 1) the claim is for money; 2) based upon a contract; 3) where the amount is readily ascertainable amount not less than five hundred dollars. (Civ. Proc. Code S 483.010(a).) A right to attach order ("RTAO") shall be issued if the c...
2023.11.16 Demurrer 233
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.16
Excerpt: ...ondition, which is a height differential, is trivial and City has statutory immunity for any design defect. City asks for judicial notice ofa highway easement deed and a parcel map (Exhibits 1 and 2 to the RIN, ROA 18). Plaintiff opposes the demurrer and contends that the first cause of action is sufficiently pled. She contends that it clearly alleges that she was injured as a result of a defect or dangerous condition on public property. She also...
2023.11.16 Demurrer, Motion to Strike 691
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.16
Excerpt: ... as admitting all material facts properly pleaded. (Quelimane co., Inc. v. Stewart Title Guar. co. (1998) 19 cal.4th 25, 38.) BREACH OF CONTRACT on 6/8/23, the Court overruled WF's previous demurrer to the Breach of Contract cause of action as alleged in the Second Amended Complaint. In ruling on that demurrer, the Court granted plaintiff leave to file an amended complaint. In doing so, plaintiff also changed the allegations in the TAC which form...
2023.11.09 Motion for Summary Judgment 357
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.09
Excerpt: ... the cases Parman cites to support her motion inwlved summary judgment proceedings. In addition, none of the cited cases held that where the claims in a declaratory relief action would necessarily be decided in a previously filed underlying action, the declaratory relief action is invalid as a matter of law. Instead, all the cited cases acknowledge the general principle that it is within the court's discretion to refuse to entertain a declaratory...
2023.11.09 Demurrer, Motion to Strike 108
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.09
Excerpt: ... this ruling. As a preliminary ma©er, the Court notes that an OpposiŸon was belatedly submi©ed at almost midnight on Friday, 9/29/23, although it was due on 9/21/23. The Court has thus declined to consider the unŸmely OpposiŸon. On the merits, the primary argument presented in the Demurrer is that each of the claims is Ÿme-barred, as based on alleged errors or misrepresentaŸons that occurred in mid-2017, which was more than 5 years ...
2023.11.09 Demurrer to FAC 942
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.09
Excerpt: ...3d 311, 318.) Cause of Action 2: Breach of Contract To allege a claim for breach of contract plaintiff must plead: (1) the existence of a contract; (2) the plaintiff's performance or excuse for nonperformance; (3) the defendant's breach; (4) resulting damages to the plaintiff. (Oasis West Realty, LLC v. Goldman, (2011) 51 Cal. 4th 811, 821.) Defendant asserts that though the lease agreement is attached to the complaint, it fails to connect the la...
2023.11.09 Demurrer 200
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.09
Excerpt: ...or the delay in that counsel was unaware Indigenous People's Day, now in its second year, was a court holiday. The court will therefore consider Plaintiff's oppositions. Defendant's request to take judicial notice ("RTJN") of the Retailer Services Agreement and amendment thereto ("RSA" together) between Defendant and Hitmobile, lnc„ dba T-Mobile ("HIT") is DENIED. Defendant requests the court take notice of the RSA pursuant to Evid. Code S 452(...
2023.11.02 Motion to Judicially Determine Meaning of Government Code 943
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.02
Excerpt: ... of Randy Mize. In June, 2023 Judge Washington commenced the application process to seek appointment as the Public Defender. On August 3, 2023, Judge Washington was informed that, after consultation with San Diego County Counsel, the County believed that he was ineligible to be appointed as Public Defender, because he had not been a practicing attorney for the year immediately proceeding appointment. (Washington Declaration, 10.) Govt. Cade 52770...
2023.11.02 Motion to Compel Further Responses 491
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.02
Excerpt: ...r sampling has been directed shall separately to each item or category of item by any of the follovnng: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities. (2) A representation that the party lacks the ability to comply with th...
2023.11.02 Motion for Summary Judgment, Adjudication 247
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.02
Excerpt: ...350(b). It also fails to cogently identify each of the issues to be so adjudicated. The Motion is thus effectively one for summary judgment against Plaintiffs. As noted in the 6/1/23 ruling, Plaintiffs were granted a continuance for this hearing, based on their claim that additional evidence was essential to their Opposition. The Court thus permitted supplemental briefing to "be confined to any new evidence obtained and its significance here." Th...
2023.11.02 Demurrer, Motion to Strike 931
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.02
Excerpt: ...t that might eventually form part of the plaintiffs prtnf need not be alleged." (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 851, 872.) uncertainty: A demurrer for uncertainty under Code of Civil Procedure 430.10(f) will be sustained only where the complaint is so pled that a 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 ...
2023.11.02 Demurrer to TAC 729
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.02
Excerpt: ...ntentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Defendant demurs to the fifth cause of action for Negligent Infliction of Emotional Distress ("NIED"). The NIED claim in the TAC is unchanged from the SAC or FAC. Greater certainty and a more reasonable limit on the exposure to liability for negligent conduct is possible by limiting the right to recover for negligently caused emotional distress to p...
2023.11.02 Demurrer to SAC 109
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.11.02
Excerpt: ...ruth of contentions, deductions, or conclusions of fact or aw (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Defendants demurs to the sixth and seventh causes of action in the SAC. Cause of Action 6: Fraud Plaintiff's fraud cause of action requires allegations showing: 1) a misrepresentation; (2) knowledge of falsity; (3) intent to induce reliance; (4) actual and justifiable reliance; and (5) resulting damage. (Chapman v. Skype Inc. (2013) 220 Cal....
2023.10.26 Special Motion to Strike 888
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2023.10.26
Excerpt: ...protected speech or petitioning; and 2) lack even minimal merit. (Navellier v. Sletten (2002) 29 C4th 82, 88-89 ("Navellier"); Jarrow Formulas, Inc. v. LaMarche (2003) 31 C4th 728, 733.) "Only a cause of action that satisfies both prongs of the ant-SLAPP statute-i.e., that arises from protected speech or petitioning and lacks even minimal merit-is a SLAPP, subject to being stricken under the statute." (Navellier, supra, 29 Cal. 4th at 89.) "As us...

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