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2020.09.17 Motion for Terminating Sanctions, Joinder 941
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.09.17
Excerpt: ...§ 2023.010(d). So, too, is disobeying a court order to provide discovery. Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4 th 1495, 1516. The moving party need only show the failure to obey the court's earlier discovery orders. Thereafter, the burden of proof shifts to the party seeking to avoid sanctions to establish a satisfactory excuse for his or her conduct. Corns v. Miller (1986) 181 Cal. App. 3d 195, 201; Puritan Ins. Co. v. S...
2020.08.20 Motion to Quash Discovery Subpoena 258
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.20
Excerpt: ... seeks an order quashing two deposition subpoenas served by Plaintiff on Bank of America, N.A. and Pacific Premiere Bank, and monetary sanctions in the amount of $3,560 against Plaintiff and its attorneys of record, jointly and severally. These motions were continued from 7/23/2020 to allow Plaintiff to show the five subpoenas were properly issued and to also allow the parties to meet and confer regarding the scope of the subpoenas. The parties s...
2020.08.20 Demurrer, Motion to Strike 434
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.20
Excerpt: ...enal Code and Intentional Interference with Prospective Economic Advantage, respectively. As an initial matter, the court does not find the FAC to be uncertain. This is true for all of the Moving Defendants. A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond—i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are direct...
2020.08.13 Motion for Summary Judgment, Adjudication 179
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.13
Excerpt: ... motion. The “completed and accepted doctrine” provides that when a contractor's work has been completed and accepted by the property owner, the contractor is no longer liable to 3 rd parties for injuries that may occur as a result of the condition of the work, even if the contract was negligent in carrying out the contract. Jones v. P.S. Development Co. Inc. (2008) 166 Cal. App. 4 th 707, 717 (disapproved on other grounds, Reid v. Google, In...
2020.08.13 Motion for Judgment on the Pleadings 442
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.13
Excerpt: ...c. § 438(c)(1)(B)(ii). As in with a demurrer, the grounds for judgment on the pleadings must appear on the face of the complaint or be based on facts that the court may judicially notice. Code Civ. Proc. § 438(d). Extrinsic matters may not be considered; the pleading under attack must be accepted as true. Id. Cal. Prac. Guide, Civ. Proc. before Trial (Rutter 2013) 7:322. 1st cause of action for breach of contract “A cause of action for breach...
2020.08.06 Motion to Dismiss 993
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.06
Excerpt: ... asserting it was untimely filed. Plaintiff cites no authority which addresses the timing of such Motions. Nonetheless, the Court finds the Motion was reasonably brought, within a month and a half of Defendants' Answer and prior to any significant litigation in this action. (Global financial Distributors Inc. v. Superior Court (2019) 35 Cal.App.5 th 179, 192-193). Additionally, Maryland is a suitable forum for this action, given Defendants' conse...
2020.08.06 Motion to Compel Deposition, for Protective Order 499
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.06
Excerpt: ...equesting production in connection with this deposition). Plaintiffs may renew this motion after the deposition, with a separate statement and a record of (i) what Sunbelt has and has not produced and (ii) meet and confer attempts for the specific requests. Plaintiffs are awarded monetary sanctions of $7,785.00. The court declines to award greater sanctions at this time as does not appear that lesser sanctions will be futile. Should they prove to...
2020.08.06 Motion to Compel Arbitration 783
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.06
Excerpt: ...panish, was provided to the Plaintiff. Plaintiff signed the agreement. (Mercado Decl. at ¶¶ 4, 5, Exhs. A, B.) The agreement is governed by the Federal Arbitration Act and is broadly-worded to apply “to any dispute arising from or relating to the Employee's [] application for employment, employment, or termination of employment.” (Taylor Decl. at p. 3.) At the outset, the Court notes that Defendant's objection to the entirety of Plaintiff's...
2020.08.06 Demurrer 864
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.08.06
Excerpt: ...ed to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complain...
2020.07.30 Motion to Enforce Settlement 254
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.07.30
Excerpt: ...e defective. The proof of service for the motion was filed on December 6, 2019, but it was dated and executed on December 8, 2019. (ROA 67.) The proof of service for the declaration accompanying the motion was also filed on December 6, 2019 but dated and executed on December 9, 2019. (ROA 68.) These are not sufficient proofs of service. The proof of service could not possibly have been executed on 12/8/19 or 12/9/19. Nor could the declarant truth...
2020.07.30 Motion for SLAPP 147
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.07.30
Excerpt: ...equest, or receive, the Court's permission to exceed the page limit. Cal. R. Ct. Rule 3.1113(e). Additionally, the Court declines to rule on Defendants' objections to Plaintiff's evidence, as they are not dispositive of the ruling on the motion. Merits Plaintiff brings three causes of action against Defendants, including: (1) retaliation (Labor Code § 1102.5); (2) wrongful termination in violation of public policy; and (3) unfair business practi...
2020.07.30 Demurrer, Motion to Strike 233
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.07.30
Excerpt: ... the FAC alleges Connie and Lisa made sexual comments “almost daily” but stops short of alleging those comments continued “almost daily” from 2012 up until the date Plaintiff resigned in 2019. The court does not read the FAC in such a limiting way. The FAC, at a minimum, implies that the harassing conduct continued. The continuing violation doctrine may be implicated as well. The Court “will not sustain a demurrer unless the basis for t...
2020.07.02 Motion for Reconsideration 499
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.07.02
Excerpt: ...es: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. Code Civ. Proc. § 1008(a). A party seeking reconsideration also must provide a satisfactory explanation for the failure to produce the evidence at an earlier time. New York Times Co. v. Superior Court (2005) 135 Cal. App. 4th 206, 213. Separately, Code Civ. Proc. § ...
2019.9.26 Motion to Strike Complaint 512
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.26
Excerpt: ...ged. (Code Civ. Proc., § 426.15(e) [defining protected activity]; Simpson Strong-Tie Co., Inc. v. Gore (2010) 49 Cal.4th 12, 21; Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66–67.) If the defendant carries its burden, the plaintiff must then demonstrate its claims have at least “minimal merit.” (Navellier v. Sletten (2002) 29 Cal.4th 82, 89; Baral v. Schnitt (2016) 1 Cal.5th 376, 384.) Plaintiff alleges a number of cl...
2019.9.26 Motion for Summary Judgment, Adjudication 499
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.26
Excerpt: ...t's disposition of the motion. In order to move for summary adjudication, the party moving must specify in its notice of motion and motion the claim, causes of action, or issues it is moving on. CRC 3.1350. The court has no power to adjudicate others. Maryland Cas. Co. v. Reeder (1990) 221 Cal. App. 3d 961, 974 n. 4; Homestead Savings v. Superior Court (1986) 179 Cal. App. 3d 494, 498. The noticed issues for summary adjudication must then be stat...
2019.9.19 OSC Re Dismissal 477
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.19
Excerpt: ...the trial for this case was continued roughly 30 days before it was to commence. But for this fortuitous continuance, this case would have proceeded to trial without the corporate defendant who would have likely been dismissed at the inception. Court also notes that $250 sanction remains unpaid and outstanding against Plaintiff's counsel for failure to appear at the MSC. The Court orders this sanction paid within 10 days. Court is inclined to dis...
2019.9.19 Motion to Seal 155
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.19
Excerpt: ...cation for an order sealing the record. The motion or application “must” be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” Cal. R. Ct. Rule 2.551(b)(1). The court may order that a record be filed under seal only if it expressly finds facts that establish that: there exists an overriding interest that overcomes the right of public access to the record; the overriding interest supports seali...
2019.9.19 Motion to Compel Answers 380
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.19
Excerpt: ...efendant's second supplemental responses to the interrogatories. Pursuant to Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409, it is within the Court's discretion as to whether to provide a ruling on the motion based on the further responses. Given the time and effort that has been put into the briefings and recent meet and confer efforts by the parties, the Court exercises its discretion and p...
2019.9.19 Motion for Joinder, to Strike 688
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.19
Excerpt: ...he reasons set forth below. DEF Equaltox, LLC, Cranford L. Scott, MD and Cranford L. Scott, MD, Inc. 2. Motion to Strike Defendants Equaltox, LLC, erroneously sued as Equaltox, Inc., Cranford L. Scott, MD, Cranford L. Scott, MD, Inc., and Smensa seek an order striking paragraphs 53, 60, 68, 84, and 91 from the TAC and paragraph 6 from the prayer in the TAC. Defendants contend Plaintiffs have not shown they are entitled to attorney's fees pursuant...
2019.9.12 Motion to Compel Physical or Mental Exam 686
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.12
Excerpt: ... Code Civ. Proc. § 2032.320(a). “Good cause” generally means there is a showing of both “relevancy to the subject matter” and “specific facts justifying discovery.” Cal. Prac. Guide Civ. Pro. Before Trial at ¶ 8:1557 (original emphasis) (citing Vinson v. Superior Court (1987) 43 Cal.3d 833, 840). Here, moving defendants have shown “good cause” for an order for leave to take a neuropsychological examination of plaintiff. Plaintif...
2019.9.12 Motion for Summary Judgment, Adjudication 276
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.12
Excerpt: ...g on. CRC 3.1350. The court has no power to adjudicate others. Maryland Cas. Co. v. Reeder (1990) 221 Cal. App. 3d 961, 974 n. 4; Homestead Savings v. Superior Court (1986) 179 Cal. App. 3d 494, 498. The noticed issues for summary adjudication must then be stated, verbatim, in the separate statement. CRC 3.1350(b). The court did not consider new evidence submitted on reply. Generally speaking, new evidence may not be submitted on reply in support...
2019.9.12 Motion for Summary Judgment, Adjudication 000
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.12
Excerpt: ...ontractor, to install the fire sprinkler system for the tower. (See SSUF No. 2). Further, it is undisputed that Plaintiff “only took directions regarding his work on the Project including safety protocols, directly from his supervisor at APEX, Paul.” (See SSUF No. 13). It is similarly undisputed that “[m]oving defendants were not the employers of Plaintiff Losey [and] [m]oving defendants had no part in training, equipping or directing the m...
2019.9.5 Motion to Strike 821
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.5
Excerpt: ...ard prejudgment interest in all noncontract cases “and in every case of oppression, fraud or malice” … hence in all unliquidated tort actions. This has been characterized as a “necessary element of compensatory damages to insure a plaintiff is made whole” and hence part of plaintiff's “actual damages”; it represents the accretion of wealth that money or particular property could have produced during a period of loss (between the tim...
2019.9.5 Motion to Require Posting of Bond 705
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.5
Excerpt: ... under section 391.7 is granted. Defendant's request for Plaintiff to furnish security under section 391.3 is denied. Defendant's request for judicial notice of Exhibits B through S is denied, because the copies of these exhibits filed by Defendant are illegible. Evid. Code § 453(b). However, the Court exercises its discretion to take judicial notices of the matters specified therein, i.e., the dockets sheets from this Court, in ruling on this m...
2019.9.5 Demurrer, Motion to Strike 002
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.9.5
Excerpt: .... Ninth cause of action – Derivative – Conversion; 7. Tenth cause of action - Derivative – Declaratory Relief; 8. Eleventh cause of action – Derivative – Unjust Enrichment; and 9. Twelfth cause of action – Derivative – Constructive Trust. The demurrer by SC&P is sustained in full with 20 days leave to amend. The demurrer by Park is overruled as to the 7 th cause of action for fraud, and sustained with 20 days leave to amend as to th...

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