Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

327 Results

Clear Search Parameters x
Location: Orange County x
Judge: Moss, Robert x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 358)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 25,25
Array
(
)
2021.11.19 Motion to Strike or Tax Costs 925
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.11.19
Excerpt: ...ustaining its demurrer without leave to amend on 6/18/21. EAS also demurred, but its demurrer was sustained only in part and with leave to amend. (See 6/18/21 Minute Order.) Mr. Nuelle then filed Fidelity's memorandum of costs on 7/1/21, and plaintiff filed a first amended complaint on the same date, now naming only EAS (since Fidelity's demurrer was sustained without leave to amend). Subsequently, EAS filed a substitution of attorney on 8/3/21, ...
2021.11.19 Motion to Compel Further Responses 113
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.11.19
Excerpt: ...this request for admission. Request for admission No. 21. The nature of the information sought by this request is readily apparent. The question is whether plaintiff's agent, Ronald Jazzar, ever told Tafoya's agent, Steve High, that plaintiff could not perform under the terms of the subject agreements regarding the purchase of the subject property due to the impact of the Covid- 19 pandemic. A request must be answered if the nature of the informa...
2021.11.19 Demurrer
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.11.19
Excerpt: ...e parties' course of dealing (conduct); that under those terms, Vit-Best generally shipped cross-complainant Dr. Rath Health Programs, B.V.'s (DRHP) orders within 3-4 months; that the subject purchase orders themselves also specified that the orders be “ready to ship at Vit-Best” by 3/1/19 and 4/1/19, respectively; Vit-Best shipped many of the subject products late and the shipments were not completed until approximately August 2019; as a res...
2021.10.29 Motions to Compel Further Responses 784
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.10.29
Excerpt: ...n any directory information of a student provided in response to the subject interrogatories in a confidential manner, and any such information shall only be used for purposes of this litigation. (See Ed. Code, § 49077.) The subject interrogatories seek percipient witness identity and/or contact information (i.e., certain directory information). CUSD has refused to provide this information with respect to any students pursuant to Education Code ...
2021.10.29 Application for Right to Attach Order and Writ of Attachment 374
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.10.29
Excerpt: ...]). The remedy of attachment is wholly statutory. Its scope and procedure are limited by the statutes, and these statutes are strictly construed. (See Nakasone v. Randall (1982) 129 Cal.App.3d 757.) To be a readily ascertainable amount, the damages need not be liquidated, but they must be measurable by reference to the contract itself and the basis for computation must be reasonable and certain. (See CIT Group/Equipment Financing, Inc. v. Super D...
2021.10.22 Motion to Seal Records 375
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.10.22
Excerpt: ...verriding interest will be prejudiced if the record is not sealed, as the privileges and confidentiality would be destroyed by disclosure; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. Exhibits 3, 4, 16, 20-36 and 39 to Defendant's Motion to Compel Return of Records are ordered sealed. Moving party to give notice. 2. Defendant's Motion to Compel Plaintiff to: (i) State U...
2021.10.22 Motion for Summary Judgment, Adjudication 323
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.10.22
Excerpt: ...y adjudication, as discussed below. Open and Obvious Defect. A landowner who has a duty of care to avoid injury to invitees who come on the land is only required to keep the premises in a reasonably safe condition and to give warning of latent or concealed perils. He or she is entitled to assume that invitees will perceive that which should be obvious in the ordinary use of their senses, and is not liable for injury resulting from a danger that w...
2021.10.22 Demurrer 597
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.10.22
Excerpt: ... statute of limitations for fraud]; SACC at ¶¶ FR-1 [alleging misrepresentation occurred on 6-10-16], FR-2 [alleging concealment occurred on 3-13-15], FR-4 [alleging false promise on 3-13-15]; original cross-complaint filed 9-16-20.) While cross-complainant's Opposition argues delayed discovery, this is not alleged in the SACC. (See Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4 th 797, 808-809 [delayed discovery requires specifically pled f...
2021.10.15 Motion to Compel Arbitration 552
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.10.15
Excerpt: ...ecline to enforce the arbitration agreement include unconscionability. Defendant's evidence reflects the fact that the Arbitration Agreement was an express condition of Plaintiff's employment, offered on a take it or leave it basis. (Kibushi Dec. ¶¶ 4- 5.) The face of the Arbitration Agreement expressly states that execution of the Agreement is a condition of employment, thus procedural unconscionability exists. As for the substantive unconscio...
2021.10.15 Motion to Compel Arbitration 103
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.10.15
Excerpt: ...r under a third party beneficiary or equitable estoppel theory. MP BMW first contends it may enforce the arbitration provision in the MVLA as a third party beneficiary. Generally, third parties may enforce an arbitration provision when they are intended third party beneficiaries, or are assigned rights under contract. (Cohen v TNP 2008 Participating Notes Program, LLC, (2019) 31 Cal.App.5th 840, 859.) It is “not necessary that the beneficiary b...
2021.10.15 Motion for Summary Adjudication 827
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.10.15
Excerpt: ...tions not addressed by the motion; accordingly, moving plaintiff has not met her initial burden on summary judgment / adjudication. (First Amended Complaint, ¶¶ 48, 50, 79, 80 [transactions not addressed by motion]; Keniston v. American Nat'l Ins. Co. (1973) 31 Cal.App.3d 803, 812 [moving party's evidence must be directed to the claims or defenses raised in the pleadings]; Amerigas Propane, LP v. Landstar Ranger, Inc. (2010) 184 Cal.App.4 th 98...
2021.10.15 Demurrer 681
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.10.15
Excerpt: ...g: (1) “Defendants also blocked Dr. Goodman's return to the Practice because they believed Dr. Goodman was an ‘old time doctor' and his age would have a negative impact on the work environment” (TAC at Para. 6); (2) Muirhead stated in an email that “Defendants believed Dr. Goodman was biased against women because he was a member of the Mormon faith and did not want him to return because of this alleged bias” (TAC at Para. 31); (3) “SC...
2021.09.24 Motion to Amend Judgment 376
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.09.24
Excerpt: ... of the previous litigation, and thus were virtually represented in the lawsuit”]; accord, Triplett v. Farmers Ins. Exchange (1994) 24 Cal.App.4th 1415, 1422; Misik v. D'Arco (2011) 197 Cal.App.4th 1065, 1074, 130 Cal.Rptr.3d 123 [court may amend judgment to add alter egos of the judgment debtor at any time]; Robbins v. Blecher (1996) 52 Cal.App.4th 886, 892 [alter ego requirements]; Associated Vendors, Inc. v. Oakland Meat Co. (1962) 210 Cal.A...
2021.09.17 Motion to Compel Arbitration 445
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.09.17
Excerpt: ...bson (2011) 195 Cal.App.4th 1, 15.) Defendant has failed to meet this burden. First, contrary to defendant's contentions, plaintiff did not expressly agree to arbitrate her claims against FMC. The arbitration agreement explicitly requires only plaintiff and the nonparty seller to resolve “any dispute between us”—i.e., any disputes between plaintiff and the seller (including the seller's employees, agents, successors, and assigns)—by bindi...
2021.09.17 Motion for Summary Judgment, Adjudication 372
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.09.17
Excerpt: ...2009) 180 Cal.App.4 th 932, 938), Plaintiff has an express written contract for the development and delivery of the prototype machine. Defendant failed to meet its initial evidentiary burden for noticed issue No. 2 by establishing that Plaintiff waived its right to performance. Defendant met its initial burden to show the action has no merit as to Noticed Issues No. 1, 3-4, and 6-8. (See Code Civ. Proc., § 437c, subds. (a), (p)(2) [burden]; Agui...
2021.09.10 Motion for Summary Judgment, Adjudication 809
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.09.10
Excerpt: ...ial evidentiary burden of its Fifth Cause of Action. This cause of action arises from Civil Code section 1113. The statute establishes as a matter of law, that certain covenants (unless expressly disclaimed) are made to the grantee, his/her heirs or assigns. That action may be enforced in the same manner as that for breach of an express contract. (Id.) Plaintiff fails to present evidence that it is the grantee, the grantee's heir, or the grantee'...
2021.09.03 Motion to Compel Arbitration 857
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.09.03
Excerpt: ... “forced back” into arbitration upon entering the RISC. This argument is not persuasive. First, RP here did not opt out of the arbitration provision in the Order Agreement, and thus RP's “hyper loop” arguments to this effect are somewhat hypothetical. Second, as MP points out in the Reply, the RISC is only entered into if a customer purchases the vehicle on credit; if not, then the hypothetical customer could opt out of the arbitration ag...
2021.09.03 Demurrer 194
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.09.03
Excerpt: ...nd individual claims: Plaintiffs do have a point that in certain circumstances, a minority shareholder may sue for a breach of fiduciary duty (or other wrong) via a derivative or a direct action, but they may not do what they are attempting to do here and sue for both. They have to pick one or the other. The court in Oakland Raiders v. National Football League (2005) 131 Cal.App.4th 621 considered and rejected similar attempts to allege both a di...
2021.08.27 Motion for Summary Judgment, Adjudication 797
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.08.27
Excerpt: ...p. Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 511 the California Supreme Court held that a valid cause of action for civil conspiracy can be made, and cites the elements of such cause of action, stating that the conspiracy, activated by the underlying tort, states a valid claim. (Id.) (See also Pettitt v. Levy (1972) 28 Cal.App.3d 484, 491.) As for the aiding and abetting cause of action, see (Casey v. U.S. Bank Nat. Assn. (2005) 127...
2021.08.20 Motion for Summary Judgment 205
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.08.20
Excerpt: ...ttendants are trained to recognize the possible signs of bed bugs such as actual bed bugs, brown or black spots that may be left by bed bugs, or blood smears on bed linens. (UMF 2);  Room Attendants receive separate training to learn how to detect bed bugs and another training to learn how to detect other types of pests. (UMF #5);  On a daily basis, the Room Attendant cleans and inspects the bed's headboard for cleanliness and for signs of ...
2021.08.20 Application for Right to Attach Order and Writ of Attachment 529
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.08.20
Excerpt: ...t a writ of attachment in the amount of $411,144.88 shall issue against defendant Health Connect, Inc., upon plaintiff's filing of a separate undertaking in the amount of $10,000. (CCP 489.210; CCP 489.220.) Both applications here are supported by a single declaration, by MP plaintiff's COO Jonathan Kaplan. RPs contend that Kaplan's affidavit does not satisfy CCP 484.040, in that he lacks personal knowledge of the transactions between the parties...
2021.08.13 Petition to Compel Arbitration 420
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.08.13
Excerpt: ...e construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability.” Moses H. Cone Mem. Hosp. v. Mercury Const. Corp. (1983) 460 US 1, 24 “If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable cla...
2021.08.13 Motion to Deem RFAs Admitted 118
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.08.13
Excerpt: ...prior opposition declaration was not clear on this point. (ROA No. 351 [6-11-21 minute order].) Plaintiff timely did so on 6-25-21 (ROA No. 360), indicating she was not served with the subject discovery. Absent proper service of the discovery, the motion is denied. Further, plaintiff filed an additional declaration on 7-7-21 (ROA Nos. 372, 374) indicating she has responded to the subject discovery; thus, the motion is moot in any event. Given the...
2021.07.30 Motion to Compel Arbitration 912
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.07.30
Excerpt: ...rgas Decl. in support of motion, ¶¶ 4, 6, 7, 9-11, and Ex. B thereto; Durkin Decl. in support of motion, ¶ 3.) The court finds that the provision requiring sharing of arbitration costs after three days of arbitration is substantively unconscionable. (Circuit City Stores, Inc. v. Adams (9th Cir. 2002) 279 F.3d 889, 894 [applying CA law] [fee splitting agreement requiring plaintiff asserting statutory claims to incur costs in arbitration that th...
2021.07.30 Demurrer 113
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.07.30
Excerpt: ...posit— this states a claim for breach of contract that has already accrued. Declaratory relief does not lie as to contractual rights and obligations if a claim for breach of the contract has already accrued, i.e., where the breach is complete and the only issue is whether there is liability. (See Hood v. Superior Court (1995) 33 Cal.App.4th 319, 323-324.) To the extent plaintiff seeks declaratory relief as to its alleged continuing right to pur...

327 Results

Per page

Pages