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2022.03.14 Motion to Set Aside Default, Judgment 458
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.14
Excerpt: ...uary 14, 2020 and the default judgment entered on April 8, 2021 is granted pursuant to Code of Civil Procedure section 473.5. The Sanders Defendants shall file and serve the Answer attached as Exhibit 21 to the Declaration of Joseph L. Sanders within 15 days of service of notice of ruling. The underling case relates to John and Mabel Watcher. John learned about an investment opportunity and decided to loan money to Defendant American Bankers, LLC...
2022.03.14 Motion to Compel Production of Docs 461
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.14
Excerpt: ...TO the AGREEMENT (with the exception of YOUR attorneys).” (Wolf Dec., ¶3, Ex. 1.) Plaintiff first contends that Moffitt waived the attorney-client privilege objection because she did not timely assert it. In her initial response, Moffitt objected to the request on the basis that the request was vague, ambiguous, overbroad, and oppressive. Moffitt also objected to the request on the basis that it sought irrelevant documents and it did not suffi...
2022.03.14 Motion for Summary Judgment 440
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.14
Excerpt: ...it, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51.) If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) If the defendan...
2022.03.14 Motion for Summary Adjudication 183
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.14
Excerpt: ...riable issue of material fact . . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) The parties must set forth admissible evidence. (Code Civ. Proc., § 437c(d) [[though note: An objection based on the failure to comply with the requirements of this subdivision, if not made at the hearing, shall be deemed waiv...
2022.03.14 Demurrer 896
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.14
Excerpt: ...ticed.” Association for Los Angeles Deputy Sheriffs v. County of Los Angeles (2021) 60 Cal.App.5th 327, 274 Cal.Rptr.3d 493, 498. On Demurrer, Plaintiff are not required to prove the allegations. A demurrer admits “all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” San Diego Hospital Assn. v. Superior Court (1994) 30 Cal.App.4th 8, 12. Request for Judicial Notice: Defendants' request for jud...
2022.03.14 Motion to Set Aside Default 261
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.14
Excerpt: ...iculate a satisfactory excuse for not presenting a defense to the original action. Lastly, the moving party must demonstrate diligence in seeking to set aside the default once it had been discovered.'” Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5 th 894, 911. “An order granting equitable relief from default is reviewed for an abuse of discretion. . . Under this standard, “ ‘a reviewing court shoul...
2022.03.07 Demurrer 733
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.07
Excerpt: ...enge the propriety of these claims in this action. (See Code Civ. Proc., § 430.10.) First Cause of Action (Conspiracy to Commit Fraud), Second Cause of Action (Fraud). The demurrers to the First and Second Causes of Action are sustained with leave to amend. The elements of a civil conspiracy are: (i) formation and operation of the conspiracy; (ii) damage resulting to plaintiff; and (iii) from an act done in furtherance of the common design. (Rus...
2022.03.07 Demurrer 254
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.07
Excerpt: ...ce is granted. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decide...
2022.03.07 Application for Preliminary Injunction 816
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.07
Excerpt: ... the status quo. Plaintiff is only seeking to maintain the status quo during the arbitration. “Code of Civil Procedure section 1281.8, subdivision (b), authorizes a party to an arbitration agreement to seek a provisional remedy in the trial court pending arbitration “but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief....” This requirement applies in addition ...
2022.03.07 Motion for Judgment Notwithstanding the Verdict, for New Trial 342
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.07
Excerpt: ... JNOV motion, all evidence supporting the verdict is presumed true. The issue is whether these facts constitute a prima facie case or defense as a matter of law. (Moore v. San Francisco (1970) 5 Cal.App.3d 728, 733; Fountain Valley Chateau Blanc Homeowner's Ass'n v. Department of Veterans Affairs (1998) 67 Cal.App.4th 743, 750; Cal. Prac. Guide Civ. Trials & Ev. Ch. 18-A ¶ 18:54.) The trial judge cannot weigh the evidence or determine the credib...
2022.03.07 Motion for Summary Judgment, Adjudication 110
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.07
Excerpt: ... Summary Judgment and/or Summary Adjudication, continued the motion, and granted leave to the parties to file an opposition and reply. (ROA 134 [01/24/22 Minute Order].) The opposition was to be filed and served by 02/23/2022 and the reply by 03/02/2022. (Id.) Defendants gave notice of the ruling as ordered. (ROA 136 [Notice of Ruling].) Court records indicate that Plaintiff has not filed an opposition. A defendant seeking summary judgment bears ...
2022.03.07 Motion for Summary Judgment, Adjudication 449
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.07
Excerpt: ...wing that a cause of action has no merit if the 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 the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense t...
2022.03.07 Motion to Quash Service of Summons 404
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.03.07
Excerpt: ...untimely motions. Defendant Shen submits evidence showing she has continuously resided in China since 2020 and did not know of the purported service at 182 Osage, Irvine, or the 12/08 deadline to respond. (Shen Decl. ¶¶ 2-3, 6.) Shen's counsel of record mistakenly believed Defendant had a later deadline to file the motion, based on the later purported service at a separate address in Arcadia. (Niu Decl. ¶¶ 9-11.) Motions to Quash Service of S...
2022.02.28 Motion for Summary Adjudication 284
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.02.28
Excerpt: ...uck Ins. Exchange (2003) 31 Cal.4th 635, 648.) “The ordinary rules of contract interpretation apply to insurance contracts. [Citation.] To protect the interests of the insured, coverage provisions are interpreted broadly, and exclusions are interpreted narrowly.” (Stellar v. State Farm Gen. Ins. Co. (2007) 157 Cal.App.4th 1498, 1503.) Issue 1: Whether Defendant's Thirteenth Affirmative Defense, which contends that “there is no coverage for ...
2022.02.28 Demurrer 834
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.02.28
Excerpt: ...� (City of San Diego v. San Diegans for Open Government (2016) 3 Cal.App.5th 568, 577.) Code Civ. Proc., § 430.10 (b) authorizes a Demurrer when “The person who filed the pleading does not have the legal capacity to sue.” First Cause of Action for Breach of Contract: “'A cause of action for breach of contract requires proof of the following elements: (1) existence of the contract; (2) plaintiff's performance or excuse for nonperformance; (...
2022.02.28 Application for Preliminary Injunction 816
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.02.28
Excerpt: ... the status quo. Plaintiff is only seeking to maintain the status quo during the arbitration. “Code of Civil Procedure section 1281.8, subdivision (b), authorizes a party to an arbitration agreement to seek a provisional remedy in the trial court pending arbitration “but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief....” This requirement applies in addition ...
2022.02.14 Special Motion to Strike FAC 133
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.02.14
Excerpt: ...tablished good cause for discovery. Defendants' Request for Discovery is denied. Plaintiffs' Objections to Defendants' Evidence: All Overruled. Declaration of Michelle Hemesath, Esq. Nos, 1 to 7; Declaration of Benjamin Ikuta, Esq., Nos. 1 to 5; Declaration of Mary Carr, Nos. 1 to 13; Declaration of Dr. Robert Kachenmeister, Nos. 1 to 29; Declaration of Chalene Johnson, Nos. 1 to 35; Declaration of Jason Vance, Nos. 1 to 11; Declaration of Polly ...
2022.02.14 Motion to Vacate Renewal of Judgment, to Charge Judgment Debtors' Interest 418
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.02.14
Excerpt: ...take notice not only of the fact of the document and its recording or publication, but also facts that clearly derive from its legal effect.” (Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754). (Emphasis original). The court can take judicial notice of the legal effect of the Judgment. Date of Entry of Judgment: Defendants moved to vacate the Renewal of the Judgment contending that the renewal occurred more than ten years afte...
2022.02.14 Motion for Summary Judgment, Adjudication 449
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.02.14
Excerpt: ...e or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.” First Cause of Action for Nuisance: Plaintiff alleged that D...
2022.02.14 Motion for Attorney Fees 312
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.02.14
Excerpt: ....4th 993, 1020.) Attorney's fees are recoverable as costs, when authorized by contract, statute, or law. (Code Civ. Proc., § 1033.5(10)(A)-(C).) The California Uniform Trade Secrets Act (“CUTSA”) provides that if “a claim of misappropriation is made in bad faith . . . the court may award reasonable attorney's fees and costs to the prevailing party. (Civ. Code, § 3426.4.) CUTSA also allows for the recovery of expert fees. (Ibid.) CUTSA “...
2022.02.07 Motion to Vacate and Set Aside Entry of Defaults 335
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.02.07
Excerpt: ... the Defendants. Pursuant to CCP 473 (b), Defendants had six months or 10/16/22 to move for relief under that statute. Since the motion was filed 1/12/22, Defendants moved for relief under extrinsic mistake. Extrinsic Mistake: “To set aside a judgment based on extrinsic fraud or extrinsic mistake, the moving party must satisfy three elements: ‘First, the defaulted party must demonstrate that it has a meritorious case. Secondly, the party seek...
2022.02.07 Motion to Contest Good Faith Settlement 807
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.02.07
Excerpt: ... recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs; (4) the recognition that a settlor should pay less in settlement than he would if he were found liable at trial; (5) the financial conditions and insurance policy limits of settling defendants; and (6) the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling ...
2022.02.07 Motion to Compel Arbitration 266
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.02.07
Excerpt: ...¶ 2, Ex. A.) Parties moving to compel arbitration “may meet their initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060.) If the opposing party challenges the validity of that signature, however, the moving party must “establish by a preponderance of the e...
2022.01.31 Applications for Right to Attach Orders 394
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.31
Excerpt: ...chment is based is one upon which an attachment may be issued; (2) the plaintiff has established the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Civ. Proc. Code § 484.090(a)(1)-(4).) A court may order the issuance of a writ of attac...
2022.01.31 Demurrer to Complaint 687
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.31
Excerpt: ... if any question of law or fact common to all these persons will arise in the action....” Under this provision, “the action of each plaintiff has been joined in one case, but they remain independent actions.” (Brennan v. Superior Court (1994) 30 Cal.App.4th 454, 461.) “ ‘The code section [section 378] contemplates of course an action single in form, but with each “case” or demand retaining its distinctive identity as though pleaded ...
2022.01.31 Motion for Leave to File Complaint 105
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.31
Excerpt: ...ory. C.C.P. § 426.50 provides that “A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross- complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to ...
2022.01.31 Special Motion to Strike 720
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.31
Excerpt: ... part: “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed ...
2022.01.31 Motion to Require Undertaking 279
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.31
Excerpt: ...esides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney's fees” means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section ...
2022.01.24 Motion to Strike or Tax Costs 312
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.24
Excerpt: ...laims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure 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. A prevailing party must file and serve a memorandum of costs 15 days after receiving notice of entry of dismissal, eve...
2022.01.24 Motion to Quash Subpoena 072
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.24
Excerpt: ...x returns and truthful reporting of income, and thus to facilitate tax collection.” (Weingarten v. Super. Ct. (2002) 102 Cal.App.4th 268, 274.) The privilege protects personal and corporate tax returns alike. (Schnabel v. Super. Ct. (1993) 5 Cal.4th 704, 720-721; Deary v. Super. Ct. (2001) 87 Cal.App.4th 1072, 1078; see Rifkind v. Super. Ct. (1981) 123 Cal.App.3d 1045, 1048-1049, disapproved on other grounds by Schnabel, supra, 5 Cal.4th at p. ...
2022.01.24 Motion to Compel Further Responses
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.24
Excerpt: ... 5 (the ‘Nutritional Supplement Products').” Defendant responded: No. Defendant received nonconforming conforming goods, i.e., improperly manufactured gummy bears that were not consistent with defendant's existing product. Plaintiff delivered nonconforming gummy bears that were too hard, smelled bad, and tasted bad and as such were unsaleable. Defendant attempted to return the goods but plaintiff refused to accept them. Plaintiff contends thi...
2022.01.24 Motion to Compel Arbitration 067
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.24
Excerpt: ... has refused to arbitrate. (Code Civ. Proc., § 1281.2; Mansouri v. Sup. Ct. (Fleur Du Lac Estates Ass'n) (2010) 181 Cal.App.4th 633, 640-641.) Code of Civil Procedure section 1281.2 requires the court to order arbitration pursuant to a written agreement to arbitrate unless the court determines (1) the right to compel arbitration has been waived by the party seeking to compel arbitration, (2) grounds exist for the revocation of the agreement to a...
2022.01.24 Motion for Summary Judgment, Adjudication 110
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.24
Excerpt: ...f's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. (Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51.) If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna...
2022.01.19 Motion to Contest Good Faith Settlement 807
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.19
Excerpt: ...er evidence at the hearing.” (Code Civ. Proc., § 877.6(b).) The statutory requirement of “good faith” presents an issue of fact, and a finding of good faith must therefore be supported by substantial evidence. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1263-1265.) If, in a contested case, “‘there is no substantial evidence to support a critical assumption as to the nature and extent of a settling defendant's l...
2022.01.19 Demurrer, for Protective Order 891
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.19
Excerpt: ...rported operative pleading, a reference to the FAC's number on the Register of Actions (ROA), or the relevant procedural history from which the court can determine whether the parties' reference to the purported FAC is in error, or if not, when the purported FAC was filed and served. Plaintiff Peng to give notice. Motion 2: Motion for Protective Order. Moving Party Plaintiff/Defendant Hui Peng. Responding Party None. Ruling 2: The Motion by for P...
2022.01.19 Demurrer to First Amended Petition for Writ of Mandate 014
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.19
Excerpt: ... The department, in consultation with the California Department of Tax and Fee Administration, shall create an electronic database containing the electronic shipping manifests to facilitate the administration of the track and trace program …” Demurrer to First Amended Petition: Respondent may demur to the Petition for Writ of Mandate to test its legal sufficiency. (SJJC Aviation Services, LLC v. City of San Jose (2017) 12 Cal.App.5th 1043, 10...
2022.01.19 Demurrer 792
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.19
Excerpt: ...ut not contentions, deductions or conclusions of fact or law.” The court “also consider matters that may be judicially noticed.” (Association for Los Angeles Deputy Sheriffs v. County of Los Angeles (2021) 60 Cal.App.5th 327, 274 Cal.Rptr.3d 493, 498.) On Demurrer, Plaintiff are not required to prove the allegations. A demurrer admits “all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (...
2022.01.19 Application for Right to Attach Order and Writ of Attachment 974
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.19
Excerpt: ...1) the claim is one on which an attachment order may be issued; (2) the probable validity of the claim; and (3) that the attachment is not sought for any other purpose than to secure recovery on the claim. Evidence proffered in support of, or in opposition to, an application for an RTAO must be set forth with particularity, admissible, competent, and under oath by declarants with personal knowledge of the facts proffered. (Code Civ. Proc., §§ 4...
2022.01.03 Demurrer, Motion to Strike 974
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.03
Excerpt: ... to amend. (Code Civ. Proc., 430.10.) First Cause of Action (Breach of Contract). The demurrer to the First Cause of Action is sustained with leave to amend. The elements of a cause of action for breach of contract are: (i) existence of the contract; (ii) Plaintiff's performance or excuse for nonperformance; (iii) Defendant's breach; and (iv) damage to plaintiff resulting therefrom. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811.) Absen...
2022.01.03 Motion to Deem RFAs Admitted 575
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.03
Excerpt: ...ving to deem No. 17 admitted. Plaintiff only served an objection. Code Civ. Proc., § 2033.240 (a) provide that “The party to whom the requests for admission are directed shall sign the response under oath, unless the response contains only objections.” (Emphasis added). “There is absolutely no reason to require a party to verify an objection.” Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657. The fact that ...
2022.01.03 Motion for Judgment on the Pleadings 513
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.03
Excerpt: ...adings, the court must accept as true all material facts alleged in the challenged pleading. (Hardy v. America's Best Home Loans (2014) 232 Cal.App.4th 795, 802; Bettencourt v. Hennessy Indus., Inc. (2012) 205 Cal.App.4th 1103, 1111.) According to the operative complaint, all defendants are co-beneficiaries of the family trust, which holds title to several properties, including the subject property located at 6573 Mount Ripley Dr., Buena Park, Ca...
2022.01.03 Motion for Terminating Sanctions 692
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2022.01.03
Excerpt: ...he Court issued an Order granting Defendants' unopposed motions to compel responses to the first set of form interrogatories, special interrogatories and request for production of documents. (ROA No. 61.) Plaintiff appears to have complied with the Court's order to serve responses. On May 26, 2021, Defendants filed a motion to compel Plaintiff's deposition. Only after the motion to compel deposition was served, Plaintiff's counsel indicated Plain...
2021.12.27 Motion to Conduct Financial Discovery, Amend Complaint 195
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.12.27
Excerpt: ...e plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others” and “[o]ppression means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.” Civil Code section 3295(a)(1) and (c) preclude a plaintiff from conducting pretrial discovery to obtain evidence of financial condition to support a puniti...
2021.12.27 Motion for Judgment on the Pleadings 474
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.12.27
Excerpt: ...er is sustained or a motion for judgment on the pleadings is granted as to the original complaint, denial of leave to amend constitutes an abuse of discretion if the pleading does not show on its face that it is incapable of amendment.” Virginia G. v. ABC Unified School Dist. (1993) 15 Cal.App.4th 1848, 1852. Factual Allegations: In the Cross-Complaint, Miguel Chavez alleged that he loaned $60,000.00 to Cross-Defendants. The agreement was that ...
2021.12.27 Demurrer 816
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.12.27
Excerpt: ...e. (People v. Lim (1941) 18 Cal. 2d 872, 883.) “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal. App. 4 th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains sufficient facts entitling plaintiff to relief....
2021.12.27 Demurrer 638
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.12.27
Excerpt: ...ressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered the amount of the secured indebtedness or was excused from tendering.” (Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150, 1...
2021.12.20 Demurrer 090
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.12.20
Excerpt: ...) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) First, Second, Eighth and Tenth Causes of Action for Disability Discrimination, Retaliation, Violation of CFRA, and Wrongful Termination The California Supreme Court has held that “[r]equiring a ...
2021.12.13 Motion to Tax Costs 476
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.12.13
Excerpt: ...he party contesting them to show that they were not reasonable or necessary. (Foothill-De Anza Comm. College Dist. v. Emerich (2007) 158 Cal.App.4 th 11, 29; Wagner Farms, Inc. v. Modesto Irrigation Dist. (2006) 145 Cal.App.4 th 765, 773- 74.) The party challenging costs does not meet this burden by arguing that the costs were not necessary or reasonable, but must present evidence and prove that the costs are not recoverable. (Seever v. Copley Pr...
2021.12.13 Motion to Quash Service of Summons 868
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.12.13
Excerpt: ...10.) “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove . . . the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413, [internal quotes omitted]; see Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163.) The burden is generally on the plaintiff to demonstrate by a preponderance of the evidence that all juris...
2021.12.13 Motion to Compel Further Responses 580
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.12.13
Excerpt: ...ed admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thi...

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