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2019.12.19 Motion to Compel Arbitration
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.19
Excerpt: ... The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4 th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessar...
2019.12.19 Motion for Summary Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.19
Excerpt: ... no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Cal. Civ. Proc. Code § 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Id. In her second and third causes of action, Acevedo alleges that (i) Defe...
2019.12.19 Motion to Compel Medical Exam
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.19
Excerpt: ...ntiff's statement that she did not appear due to a family emergency does not explain Plaintiff's failure to notify Defendants sooner nor does Plaintiff provide any explanation why she could not have returned in time for the long-scheduled medical examination. Plaintiff does not oppose Defendants' motion and states in her opposition that she will appear for the medical examination on or after December 11, 2019. Plaintiff Kennetha Moon is ordered t...
2019.12.19 Motion to Disqualify Counsel
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.19
Excerpt: ...rally, violates public policy by allegedly offending the integrity of the legal system. For the following reasons, Plaintiffs' motion is denied. Plaintiff sued Jones Day and four of its current and former attorneys for legal malpractice and other claims related to legal work Defendants performed for Plaintiffs in an unlawful detainer action (the “UD Action”). At the time of the UD Action, Holladay and Lim were associate attorneys at Jones Day...
2019.12.19 Motion to Disqualify Counsel (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.19
Excerpt: ...30, 636. Standing may arise from an attorney-client relationship between the moving party and targeted counsel or from a duty of confidentiality owed by the attorney to the moving party despite the absence of an attorney-client relationship. Id. at 636-37. The party seeking disqualification has the burden to establish the attorney-client relationship. Lynn, 15 Cal.App.5 th at 638; Koo v. Rubio's Restaurants, Inc. (2003) 109 Cal.App.4 th 719, 729....
2019.12.19 Petition to Compel Arbitration
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.19
Excerpt: ...ition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4 th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. In these summary proceedings, th...
2019.12.12 Motion to Compel Deposition, Production of Docs
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.12
Excerpt: .... Ex. 2 (4:21-22). Deposition Topic No. 2: Granted in part and denied in part. Defendant is ordered to produce a witness to address all Technical Service Bulletins, if any, applicable to the alleged defect(s) in the Subject Vehicle, including those superseded. Defendant has not provided any evidence substantiating its attorney-client privilege, attorney work product, or trade secret objections. Deposition Topic No. 3: Granted in part and denied i...
2019.12.12 Motion to Quash Service of Summons (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.12
Excerpt: ... Lane, Huntington Beach, California 92649-1308. A “proof of delivery” filed with the court on November 27, 2019 purports to show service on Defendant Nicole Bermensolo by substitute service on Danielle Bermensolo, who is identified as “sister/occupant,” on October 22, 2019 at 6510 Ocean Crest Drive, Apt. 301, Rancho Palos Verdes, California 90275-5403. California Corporations Code § 17701.16 governs service on limited liability companies...
2019.12.12 Motion to Quash Subpoena
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.12
Excerpt: ... Inc. seeks the production of ten categories of documents. For the following reasons, Defendants' motion is denied. Defendants did not file a separate statement in support of their motion. California Rule of Court 3.1345(a) requires a separate statement for “[a]ny motion involving the content of a discovery request or the responses to such a request,” including a motion to quash the production of documents. Defendants did not address this arg...
2019.12.12 OSC Re Failure to Pay Motion Filing Fees
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.12
Excerpt: ... Plaintiff Brian M. Sax's Motion to Compel Responses to Form Interrogatories (Set One) Plaintiff Brian M. Sax moves to compel responses to his Form Interrogatories (Set One) from Defendants Convergence Wireless, Inc., Timothy L. Hirou, Nora R. Hirou, Aaron T. Hirou, Hannah N. Hirou, Judy Hirou, Jacob Zepeda, Enrique Zepeda, Otilia Zepeda and Ana Zepeda Boddeker. For the following reasons, Plaintiff Brian M. Sax's unopposed motion is granted. Due ...
2019.12.12 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.12
Excerpt: ...nt bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff'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. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not ...
2019.12.12 Motion for Leave to File Amended Complaint
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.12
Excerpt: ...ce to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .” The court's discretion will usually be exercised liberally to permit amendment of the pleadings. Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Id. Plaintiffs seek to add Defendants Jason Godoy and Coldwell Bank...
2019.12.12 Motion to Quash Service of Summons
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.12
Excerpt: ...intiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232-33; Sacramento Suncreek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4 th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide affidavits and other authenticated documents that...
2019.12.5 Demurrer (3)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.5
Excerpt: ...emurrer 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not c...
2019.12.5 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.5
Excerpt: ...egations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from th...
2019.12.5 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.5
Excerpt: ...ted 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint ...
2019.12.5 Motion to Dismiss Complaint
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.5
Excerpt: ...nt. 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only th...
2019.12.5 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.12.5
Excerpt: ...is denied and the City's motion is denied. A. Summary Adjudication As an initial matter, the Eppeldauer Defendants style their motion as a motion for summary judgment, but their Separate Statement identifies two “issues” for adjudication. To the extent the Eppeldauer Defendants intend to move for summary adjudication of these issues, the Eppeldauer Defendants' motion is denied because their Notice of Motion and Separate Statement do not compl...
2019.11.21 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.11.21
Excerpt: ...es 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts th...
2019.11.14 Motion for Protective Order
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.11.14
Excerpt: ... may include, but is not limited to, a direction that “a trade secret or other confidential research, development, or commercial information not be disclosed, or be disclosed only to specified persons or only in a specified way.” Id. § 2031.060(b)(5). Plaintiffs seek a blanket protective order governing documents and information to be produced in discovery in this case. Plaintiffs argue that Defendant's discovery requests seek commercially-s...
2019.11.14 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.11.14
Excerpt: ...he factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably in...
2019.11.14 Demurrer, Motion to Strike
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.11.14
Excerpt: ...ruth 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reas...
2019.11.14 Motion for Attorneys' Fees
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.11.14
Excerpt: ...um equal to the aggregate amount of costs and expenses, “including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Cal. Civ. Code § 1794(d). The plain wording of the statute requires the trial court to base the fee award on actual time expended on the case, as long as such fees are reasonably incurred – ...
2019.11.7 Motion to Quash
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.11.7
Excerpt: ...uction of documents. Cal. Civ. Proc. Code § 1987.1(a), (b). The court “may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” Id. § 1987.1(a). The subpoena seeks a broad category of documents related to any alleged assault, battery, robbery, violent crime, murder, sexual crime, or any other behavior that allegedly...
2019.11.7 Motion to Compel Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.11.7
Excerpt: ...dant's insurance carrier agreed to defend the case under a reservation of rights and filed an answer on Defendant's behalf. Defendant's counsel states that “all efforts to locate Defendant and obtain his cooperation and participation in this litigation have been unsuccessful,” including internet database research and the retention of process servers and a private investigator. Goldman Decl. ¶ 5. The court in Brigante v. Huang (1993) 20 Cal.A...
2019.10.31 Special Motion to Strike Amended Complaint
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.10.31
Excerpt: ...ne 20, 2017, more than two years ago. The court file does not reflect that the case has ever been scheduled for trial. The case was assigned to this department on July 10, 2019. On May 30, 2019, Plaintiff named D. Scott Abernethy as a Doe Defendant. Plaintiff named two additional Doe Defendants on June 19, 2019. The court file does not reflect that Plaintiff has served either of the Defendants Plaintiff added on June 19, 2019. Plaintiff is ordere...
2019.10.31 Motion for Attorneys' Fees
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.10.31
Excerpt: ...) and 1194(a). (Plaintiff also claims entitlement to attorneys' fees pursuant to California Civil Procedure Code § 998, but provides no argument in support of this contention.) Defendants do not challenge Plaintiff's entitlement to an attorneys' fees award pursuant to sections 226(h) and 1194(a). Plaintiff also argue that her section 226 wage statement claim and her section 1194 overtime claim were inextricably intertwined with her other causes ...
2019.10.31 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.10.31
Excerpt: ...eading, 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless...
2019.10.17 Motion to Enforce Settlement
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.10.17
Excerpt: ...es outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. Cal. Civ. Proc. Code § 664.6. Defendants contends that Plaintiffs and Defendants entered into a valid and binding written settlement agreement that Defendants are entitled to enforce pursuant to section 664.6. In ruling on a motion to enter judgment pursu...
2019.10.17 Motion to Compel Arbitration and Select Arbitrator
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.10.17
Excerpt: .... For the following reasons, Defendants' motion is granted in part and denied in part, subject to the court's comments below regarding the status of Plaintiff Benex, LLC. Defendants' motion to compel Plaintiffs to arbitrate is granted. Plaintiffs agree the case should be arbitrated and have already initiated an arbitration at JAMS. Mason Decl. ¶ 2. Plaintiffs and Defendants also agree that this case should be stayed pending completion of the arb...
2019.10.17 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.10.17
Excerpt: ...ance of the evidence to negate the plaintiff'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. Cal. 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 a...
2019.10.17 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.10.17
Excerpt: ...egal 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not b...
2019.10.3 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.10.3
Excerpt: ...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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. ...
2019.10.3 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.10.3
Excerpt: ...entation), fourth (negligent misrepresentation), and fifth (negligent infliction of emotional distress) causes of action in Plaintiff's Second Amended Complaint. For the following reasons, Defendants' motion is denied. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff ...
2019.3.14 Motion for Judgment on the Pleadings
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.3.14
Excerpt: ...d effect as a general demurrer, i.e., the trial court is asked to determine whether the complaint raises an issue that can be resolved as a matter of law. Smiley v. Citibank (1995) 11 Cal.4 th 138, 146; Westly v. Board of Admin. (2003) 105 Cal.App.4 th 1095, 1114. Like a demurrer, a motion for judgment on the pleadings admits, for purposes of the motion, the truth of all material facts that have been pleaded. Consolidated Fire Protection Dist. v....
2019.2.28 Motion to Compel Depositions, for Judgment on the Pleadings
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.28
Excerpt: ...a general demurrer, i.e., the trial court is asked to determine whether the complaint raises an issue that can be resolved as a matter of law. Smiley v. Citibank (1995) 11 Cal.4 th 138, 146; Westly v. Board of Admin. (2003) 105 Cal.App.4 th 1095, 1114. Like a demurrer, a motion for judgment on the pleadings admits, for purposes of the motion, the truth of all material facts that have been pleaded. Consolidated Fire Protection Dist. v. Howard Jarv...
2019.2.28 Petition to Compel Arbitration
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.28
Excerpt: ..., 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony receive...
2019.2.28 Motion to Continue Trial, to Reopen Discovery, to Amend Complaint, to Amend Trade Secret Identification
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.28
Excerpt: ...howing of good cause requiring the continuance. Cal. R. Ct. 3.1332(c). California Civil Procedure Code § 2024.050 governs motions to reopen discovery. A motion to reopen discovery shall be accompanied by a meet and confer declaration, id. § 2024.050(a), which Plaintiff's motion is not. In exercising its discretion to grant or deny a motion to reopen discovery, the court “shall take into consideration any matter relevant to the leave requested...
2019.2.28 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.28
Excerpt: ...esponse to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” “[P]arties, like witnesses, are required to state the truth, the whole truth, and nothing but the truth in answering written interrogatories.” Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783. Plaintiff initially responded to each of the above interrogatories with a statement that she “does not have ...
2019.2.28 Motion to Compel Arbitration
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.28
Excerpt: ... the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court's discretion...
2019.2.28 Motion for Summary Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.28
Excerpt: ...evidence to negate the plaintiff'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. Cal. 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 motio...
2019.2.21 Motion for Sanctions
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.21
Excerpt: ...denials of factual contentions. The court granted Defendant's summary judgment motion on November 1, 2018. See11/01/18 Order. For the following reasons, Defendant's motion is denied. Sanctions may be imposed pursuant to section 128.7(b)(2) if a paper contains a claim, defense, or other legal contention that is not warranted by existing law or by nonfrivolous argument for the extension, modification, or reversal of existing law or the establishmen...
2019.2.21 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.21
Excerpt: ...nges 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts t...
2019.2.21 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.21
Excerpt: ...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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably...
2019.2.14 Motion to Compel Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.14
Excerpt: ...s granted. Due to Defendant's failure to serve responses to the interrogatories, Defendant has “waive[d] any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . .” Cal. Civ. Proc. Code § 2030.290(a). Defendant shall provide responses, without objections, to Plaintiff's Special Interrogatories (Set...
2019.2.14 Motion to Compel Responses (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.14
Excerpt: ...t. Davis served the four sets of interrogatories by overnight mail on November 20, 2018. Responses were due December 24, 2018. The parties dispute whether OC Auto Expo Group and Husaini served timely responses. OC Auto Expo Group and Husaini maintain that they served timely responses. Plaintiff's counsel states in his declaration that he served the four sets of responses on December 24, 2018. Walton Decl. ¶¶ 7- 8. Plaintiffs have submitted a Pr...
2019.2.7 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.7
Excerpt: ...aint. 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only t...
2019.2.7 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.7
Excerpt: ...emurrer, 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Pr...
2019.2.7 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.7
Excerpt: ...ing summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff'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. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a d...
2019.2.7 Motion to Quash Subpoena
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2019.2.7
Excerpt: ...y Bank of Nev. v. Superior Ct. (1975) 15 Cal.3d 652, 656 (individual has right to privacy in his or her confidential financial affairs); SCC Acquisitions, Inc. v. Superior Ct. (2015) 243 Cal.App.4 th 741, 756 (corporations have non-constitutional right to privacy; corporate right to privacy is “a lesser right than that held by human beings” and requires balancing discovery's relevance to subject matter in dispute and whether discovery appears...

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