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2022.07.29 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.07.29
Excerpt: .... Morse Diesel Int'l. (2001) 86 Cal.App.4th 1443, 1447 [exhibits control over inconsistent allegations]; see also Compl., Exs. A, B1, B2.) Second, with one exception, none of the alleged breaches (Compl. ¶¶ 15-25) are of any terms in the integrated written lease agreements. (See Compl. Exs. A, B1, B2, at § 19.01 [integration clause]; Code Civ. Proc., § 1856, subds. (a), (b) [parol evidence rule].) The exception is defendants' alleged failure ...
2022.07.22 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.07.22
Excerpt: ....4th 116, 134; Banke & Segal, Cal. Practice Guide: Civ. Proc. Before Trial, Statutes of Limitations (The Rutter Group 2022) ¶ 4:131.) Here, the undisputed facts show plaintiff filed this case on 11/4/20, more than 4 years after the 9/12/13 delivery. (See Def. SSUF #1, 28.) Plaintiffs have not met their shifted burden to show a triable issue of material fact. (Code Civ. Proc., § 437c, subd. (p)(2) [burden].) 2nd cause of action, breach of expres...
2022.07.15 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.07.15
Excerpt: ...(Ms. Contreras) negligent supervision and training of the “Seniors on the Go!” drivers. (See Opp. at pp. 5- 6.) This theory is adequately pleaded. (See Compl. ¶27; cf. Lockhart v. County of Los Angeles (2007) 155 Cal.App.4th 289, 303.) Nor did defendant “affirmatively negate the existence of a duty.” (Eriksson v. Nunnink (2011) 191 Cal.App.4th 826, 849.) It is reasonably foreseeable that someone requesting a “door to door” ride from ...
2022.06.17 Anti-SLAPP Motion
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.06.17
Excerpt: ...btain a dismissal of claims in the middle of litigation. . . .'” (Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637, 645.) “Because the anti-SLAPP statute is designed to resolve these lawsuits early, but not to permit the abuse that delayed motions to strike might entail . . . a defendant must move to strike a cause of action within 60 days of service of the earliest complaint that contains that cause of act...
2022.06.10 Motion to Expunge Lis Pendens
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.06.10
Excerpt: ... 9-13, 18, 20, 22-26, 28 [transfer with actual intent to avoid obligations and resulting damages].) As plaintiff alleges actual fraudulent intent, she need not also allege constructive fraudulent intent. (Compare Civ. Code, § 3439.04, subd. (a)(1) with id., subd. (a)(2).) “Section 3439.04 is construed to mean a transfer is fraudulent if the provisions of either subdivision . . . are satisfied.” (Annod Corp. v. Hamilton & Samuels (2002) 100 C...
2022.06.10 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.06.10
Excerpt: ... Cal.4th 951, 974 [fraud elements]; Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150 [negligent misrepresentation elements]; see also X-Def. SSUF #7-9 & 23-24.) But cross-complainants met their shifted burden to show triable issues of material fact. (See Code Civ. Proc., § 437c, subd. (p)(1); Aguilar, supra, 25 Cal.4th at pp. 849- 850.) Specifically, triable issues exist as to whether cross-defendant intended Kan to rely o...
2022.06.10 Application for Right to Attach Order, Writ of Attachment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.06.10
Excerpt: ...for unjust enrichment and money had and received. (See Santa Clara Waste Water Co. v. Allied World National Assurance Co. (2017) 18 Cal.App.5th 881, 886 [unjust enrichment claim alone is sufficient to support an order for prejudgment attachment]; Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc. (2018) 29 Cal.App.5th 230, 238 [unjust enrichment elements]; Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460 [common count elements]...
2022.05.20 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.05.20
Excerpt: ...ield Co. (2001) 25 Cal.4th 826, 851 [burden]; see also 1/21/22 SSUF #28-46 [contract], 47 [performance], 86 & 107 [breach], 116 [damages].) But defendant Powernet Inc. met its shifted burden to show triable issues of material fact. (See Aguilar, supra, 25 Cal.4th at p. 851 [burden]; see e.g. 5/6/21 Opp. SSUF at responses to #17, 21-22, 25, 28, 46, 51, 56, 90, & 100.) Issue #2, Cross-complaint. Cross-defendants Greg Debenon and Lisa Debenon fail t...
2022.05.13 Motion for Attorney Fees
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.05.13
Excerpt: ..., minus $3,297.63 for unrecoverable costs. No multiplier is appropriate in this lightly litigated, straightforward case. While defendant complains generally about overstaffing and inefficiencies, “‘it is the burden of the challenging party to point to the specific items challenged, with a sufficient argument and citations to the evidence. General arguments that fees claimed are excessive, duplicative, or unrelated do not suffice.'” (Lunada ...
2022.05.13 Anti-SLAPP Motion
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.05.13
Excerpt: ...or Offices & Marina, LLC v. Morris Cerullo World Evangelism (2018) 23 Cal.App.5th 28, 49 [burden]; Daniels, supra, 182 Cal.App.4th at p. 216 [elements].) To show malice, “‘plaintiff must plead and prove actual ill will or some improper ulterior motive.' Improper purposes can be established in cases in which, for instance: (1) the person bringing the suit does not believe that the claim may be held valid; (2) the proceeding is initiated primar...
2022.03.11 Demurrer (2)
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.03.11
Excerpt: ... to allege the “when, where . . . and by what means.” (West v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 780, 793; see also FAC ¶¶ 45-46.) 5th cause of action, negligence. The FAC now states facts sufficient to constitute this cause of action. It is still true that “insurers are not ordinarily liable in negligence to their policyholders for failure to pay claims.” (9/13/21 order.) For this reason, some of the alleged misconduct w...
2022.03.11 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.03.11
Excerpt: ...tion, negligent misrepresentation. Plaintiff agrees to dismiss this cause of action. (Opp. at p. 5.) 3rd cause of action, Section 17200. The SAC fails to state facts sufficient to constitute this cause of action, which is predicated on the dismissed 1st and 2nd causes of action. (See Lazar v. Hertz Corp. (1999) 69 Cal.App.4th 1494, 1505; see also SAC ¶¶ 37, 44, 46- 59.) Plaintiff asserts this claim is based on defendant's violations of Civil Co...
2022.02.25 OSC Re Dismissal, Motion to Compel Arbitration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.02.25
Excerpt: ...burden to show a written arbitration agreement exists that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; see also Thayer decl., Exs. A, B.) All of plaintiffs' causes of action “arise[] out of” or are “in connection with her employment or cessation of employment.” (Thayer decl., Ex. A at pp. 4-5.) Plaintiff met her burden to show some degr...
2022.02.25 Demurrer, Motion to Strike
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.02.25
Excerpt: ...; see also SAXC ¶¶ 20-27.) 4th cause of action, breach of fiduciary duty. The demurrer is moot in light of the ruling on the motion to strike. 5th cause of action, intentional interference. The SAXC fails to state facts sufficient to constitute this cause of action. This claim is based on contracts between the building's owners and residents. (See SAXC ¶¶ 6-8, 10, 19, 32-34.) As noted in sustaining the prior demurrer, a contracting party cann...
2022.02.07 Motion to Compel Arbitration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.02.07
Excerpt: ...plaintiff's claims. (Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; Duran decl., Ex. A, p. 6.) Plaintiff is equitably estopped from refusing to arbitrate with FCA. (See Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486.) “‘[A] nonsignatory may compel arbitration only when the claims against the nonsignatory are founded in and inextricably bound up with the obligatio...
2022.02.07 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.02.07
Excerpt: ...ase may negate the duty element of a negligence action”]; see also Def. SSUF #17-21.) But plaintiff met his shifted burden to show triable issues of material fact whether defendant acted with gross negligence, liability for which cannot be released. (See Jimenez v. 24 Hour Fitness USA, Inc. (2015) 237 Cal. App. 4th 546, 554 [a “release cannot absolve a party from liability for gross negligence], 558 [“deliberately” arranging gym equipment...
2022.02.07 Demurrer, Motion to Strike
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.02.07
Excerpt: ...esting the suspect outside the house if the suspects leaves the house on police orders. (See People v. Trudell (1985) 173 Cal.App.3d 1221, 1229-1230.) Trudell also found the suspect left the house voluntarily. Taking the complaint's allegations to be true, as we must, here the officers lacked probable cause. Under California law, a police officer lacks immunity for false imprisonment when the arrest lacks probable cause. (See Cornell v. City & Co...
2022.02.07 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.02.07
Excerpt: ...ontract or version thereof between which parties is at issue, fails to allege the existence of a contract with Davidson, and fails to adequately set forth the relevant terms of the contract(s) at issue. Further, it cannot be ascertained from the pleading whether the subject contract is written, oral, or implied by conduct. (Code Civ. Proc., § 430.10, subd. (g).) 2nd cause of action, breach of implied covenant. This claim is uncertain. It is unce...
2022.01.31 Motion to Compel Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.01.31
Excerpt: ...¶¶ 2-6 & Exs. A-C.) Defendant has not substantiated his objections. (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98 [responding party's burden to justify objections].) Defendant's “document dump” of over 80,000 pages (Cronin decl., ¶¶ 2-4), does not obviate the need to provide code-complaint responses. Moreover, there is no evidence the items produced were “identified with the specific request number to which the documents resp...
2022.01.31 Anti-SLAPP Motion
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.01.31
Excerpt: ...burden to show a probability of prevailing on its claims. (McGarry v. University of San Diego (2007) 154 Cal.App.4th 97, 112-113 [defamation elements].) Plaintiff has shown the Instagram post was published. (Cf. Jackson v. Mayweather (2017) 10 Cal.App.5th 1240, 1259-1261 [publication by social media post]; see also Wong decl. ¶ 13 [“Rusty's Instagram page . . . has over 51,000 followers].) Plaintiff has shown that “Rusty USA uses forced labo...
2022.01.24 Motion to Compel Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.01.24
Excerpt: ...epartment pretrial order. The order is available on the department website and will be separately filed. The pending motion to post security does not warrant continuing the CMC or otherwise delaying litigation. If security is ultimately ordered and not posted, we will revisit things then. Motion to compel re form interrogatories Plaintiff Toni Freeland's motion to compel is granted. Defendants Adelanto Koala Farm LLC and Dmitriy Chebotarev shall ...
2022.01.24 Demurrers
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.01.24
Excerpt: ...nd concise language”; see also Craig v. City of Los Angeles (1941) 44 Cal.App.2d 71, 73 [complaint “attempts to state numerous causes of action in a very loose and rambling manner without any attempt at separately stating them”].) The court cannot tell what causes of action are asserted, which titles correspond to which counts, whether they claims are direct or derivative, which defendants they are asserted against, or where the body of the...
2022.01.10 Motion to Compel Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.01.10
Excerpt: ...ies are not code- compliant. Interrogatory answers may not be based on “information and belief.” (See Code Civ. Proc., §§ 2030.220, subd. (c), 2030.250.) “If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the informa...
2022.01.10 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.01.10
Excerpt: ...ments” nor “establish Defendant's proffered reason was pretext . . . or that Defendant had discriminatory animus towards Plaintiff.” (Not. at p. 2.) But as briefed, defendant assumes a prima facie case for sake of argument and contends that it had a legitimate business reason for terminating plaintiff, which plaintiff cannot show to be pretext. (See Mot. at pp. 6-8; see generally McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 [three-s...
2021.12.13 Motion to Quash Summons
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.12.13
Excerpt: ...ndants have their places of incorporation and principal places of business in California. (Daimler AG v. Bauman (2014) 571 U.S. 117, 136-138; accord 10/13/21 Bovard decl. ¶¶ 3-6, 25-42.) Nor have plaintiff shown these defendants (except Bovard) are subject to specific jurisdiction in California. “‘[S]pecific jurisdiction is confined to adjudication of issues deriving from, or connected with, the very controversy that establishes jurisdictio...
2021.12.06 Demurrers
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.12.06
Excerpt: ...atute of limitations date.” (Carrillo v. Merck and Co., Inc. (C.D. Cal., Case No. 8:21-cv- 00530-JLS-ADS, Sep. 1, 2021) 2021 WL 3910730, at *3; accord Pooshs v. Philip Morris USA, Inc. (2011) 51 Cal.4th 788, 801-802 [different discovery dates for injuries arising at different times]; Compl. ¶ 357 [alleging various injuries occurring on unspecified dates].) 8th cause of action, battery. The complaint states facts sufficient to constitute this c...
2021.12.06 Demurrer (2)
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.12.06
Excerpt: ... Inc. (C.D. Cal., 2021, No. 8:21-CV- 00001-DOC-(KESx). (See Villacres v. ABM Industries Inc. (2010) 189 Cal.App.4th 562, 576; see also Def. RFJN Exs. 7-14.) “‘“A party cannot by negligence or design withhold issues and litigate them in consecutive actions. Hence the rule is that the prior judgment is res judicata on matters which were raised or could have been raised, on matters litigated or litigable . . . .'”” (Villacres, supra, 189 C...
2021.11.29 Motion to Dismiss or Stay Action
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.11.29
Excerpt: ...y federal or state court located within Maricopa County, Arizona over any dispute arising out of or relating to this Agreement.” (Cross-Compl. Ex. A at ¶ 7.3.1.) Cross-complainant G Companies Management LLC has not met its burden to show enforcement would be unreasonable or unfair. (See Drulias v. 1st Century Bancshares (2018) 30 Cal.App.5th 696, 703.) Rather, the evidence shows a reasonable relationship between the forum and the transaction. ...
2021.11.01 Motion to Compel Production of Docs
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.11.01
Excerpt: ... 6/18/21 supplemental response. (See Code Civ. Proc., § 2030.300, subd. (c).) The previously agreed-to 7/19/21 deadline was apparently calculated based on defendant's 4/9/21 supplemental responses. (See Burrows Decl., ¶¶ 9-15.) The 4/26/21 order addressed defendant's original responses only, not any further supplemental responses. Plaintiff adequately met and conferred about this motion. (Del Rosario decl., ¶¶ 9-11 & Exs. 7-9.) Defendant's r...
2021.09.20 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.09.20
Excerpt: ...nal Health 301, Inc. v. Tyco Electronics Corp. (2008) 169 Cal.App.4th 116, 133-134 (Cardinal Health) [tolling during repairs generally rests on same legal basis as estoppel]; Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 Cal.App.4th 175, 186 (Superior Dispatch) [“A defendant may be equitably estopped from asserting a statutory or contractual limitations period as a defense if the defendant's act or omission caused the plaint...
2021.08.30 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.08.30
Excerpt: ... terms], BC-2 [breach], BC-3 [performance], BC-4 [proximately caused damages].) And “plaintiff may plead the legal effect of the contract rather than its precise language.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198–199.) Nor has defendant shown the statute of frauds bars this claim on its face. The FAC does not allege the employment contract could not be performed within one year. “[I]f a...
2021.06.14 Demurrer (2)
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.06.14
Excerpt: ...9, &c.) and personally served. (See Code Civ. Proc., § 527.6, subd. (i).) A request filed on the proper forms will be routed to Dept. C66. In addition, the complaint fails to state facts sufficient to constitute a cause of action for civil harassment. (Code Civ. Proc., § 430.10, subd. (e).) “Harassment” is a limited term of art. It includes only “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct ...
2021.06.14 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.06.14
Excerpt: ...agree, it is superfluous.” (Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 352.) “If the allegations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated.” (Careau & Co. v. Security Pacific Business Credit, Inc. ...
2021.05.24 Motion to Compel Arbitration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.05.24
Excerpt: ...ion agreement covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972 [burden]; see also Dryer v. Los Angeles Rams (1985) 40 Cal.3d 406, 409-410, 418 [“If, as the complaint alleges, the individual defendants, though not signatories, were acting as agents for the [signatory entity], then they are entitled to the benefit of the arbitration provisions”]; see also Zollers de...
2021.05.24 Anti-SLAPP Motions
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.05.24
Excerpt: ...om protected activity. (See Code Civ. Proc., § 425.16, subd. (e); see also City of Cotati v. Cashman (2002) 29 Cal.4th 69, 78.) These claims arise out of the unprotected conduct of transferring property and debts, not any protected conduct related to the legal separation. (See Code Civ. Proc., § 425.16, subd. (e); Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1060, 1062-1064 [a “claim may be struck only if th...
2021.05.10 Motion for Summary Judgment, for Issue or Evidentiary Sanctions
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.05.10
Excerpt: ...nce.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855.) While defendant's evidence tends to show plaintiff didn't see what caused the accident (Def. SSUF #3-6), defendant has not shown that plaintiff “cannot reasonably obtain” evidence about the accident. (Aguilar, at p. 855.) Even if moving party had met its initial burden, plaintiff Luis Ceniceros met his shifted burden to show a triable issue of material fact as to causatio...
2021.05.10 Anti-SLAPP Motion
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.05.10
Excerpt: ...n (2002) 29 Cal.4th 69, 78 [burden]; Daniels v. Robbins (2010) 182 Cal.App.4th 204, 215 [malicious prosecution]; Booker v. Rountree (2007) 155 Cal.App.4th 1366, 1370 [abuse of process]; Newport Harbor Offices & Marina, LLC v. Morris Cerullo World Evangelism (2018) 23 Cal.App.5th 28, 45 [filing unlawful detainer]; see also Compl. ¶¶ 8, 10, 12-13, 21-22, 24-26, 28-31.) Plaintiff does not dispute this. Plaintiff fails to meet his shifted burden to...
2021.05.03 Anti-SLAPP Motion
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.05.03
Excerpt: ...l. ¶¶ 4, 13-14.) “‘[C]elebrity gossip' [is] properly considered, under established case law, as statements in connection with an issue of public interest: ‘In general, “[a] public issue is implicated if the subject of the statement or activity underlying the claim ... was a person or entity in the public eye.'” (Jackson v. Mayweather (2017) 10 Cal.App.5th 1240, 1254.) No doubt, “celebrity status, on its own, is not sufficient to ren...
2021.04.19 Application for Preliminary Injunction
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.04.19
Excerpt: ...ctice Guide: Civil Proc. Before Trial (The Rutter Group 2020) § 9:612; see also 3/8/21 minute order.) As to the remaining defendants, CDHF Property Management LLC and Won Cha, plaintiffs have failed to show that a preliminary injunction is warranted after weighing both “the likelihood [they] ultimately will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction.'” (Whyte v. Schla...
2021.04.19 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.04.19
Excerpt: ...nce shows Robin Bufanda's implant was manufactured differently or that any difference caused injury; and (3) no evidence shows any design defect caused injury. Defendant met its initial burden on the first issue – no evidence of failure to warn. (See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 853 [burden]; Code Civ. Proc., § 437c, subds. (a), (p)(2) [same]; see generally Nelson v. Superior Court (2006) 144 Cal.App.4th 689, 695 [e...
2021.04.19 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.04.19
Excerpt: ...y on those statutory duties – including nuisance, negligence, and fraud. (See Opp. at p. 2.) “As the party moving for summary judgment, [defendant] had the burden to show that it was entitled to judgment with respect to all theories of liability asserted by [plaintiff].” (Lopez v. Superior Court (1996) 45 Cal.App.4th 705, 717; accord Hawkins v. Wilton (2006) 144 Cal.App.4 th 936, 942 [“motion for summary judgment should have been denied b...
2021.03.25 Motion to Compel Mental Exam, for Summary Judgment, Adjudication
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.03.25
Excerpt: ...ve to use a computer, rather than a tablet or smartphone.) Plaintiff's counsel has no greater right to attend this examination than any other mental examination. The parties may agree in writing to conduct the exam at a different date/time/location or to conduct the examination in person. Defendant's sanctions request is denied. Plaintiff's failure to make arrangements to be present for the entire exam on one day may have been due to miscommunica...
2021.03.22 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.03.22
Excerpt: ...t claim requirement. Defendant fails to show plaintiff did not give adequate notice. (See Gov. Code, §§ 910, 945.4; Stockett v. Association of Cal. Water Agencies Joint Powers Ins. Authority (2004) 34 Cal.4th 441, 447 [notice adequate if is sets out “fundamental” act or omission, unless complaint makes “‘a complete shift in allegations'”]; Blair v. Superior Court (1990) 218 Cal.App.3d 221, 224, 226-227 [a “charge of negligent constr...
2021.03.22 Motion for Reconsideration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.03.22
Excerpt: ...ected to refer to the 4th cause of action. The order expressly discusses the conspiracy claim – that is the 4th cause of action, not the 3rd. Otherwise, the 2/22/21 remains the order of the court. (See Weil & Brown, Cal Practice Guide: Civ. Proc. Before Trial (The Rutter Group 2020) ¶ 9:332 [granting reconsideration “does not mean . . . the court must change its mind”].) The moving papers show no reason for a different ruling. Attorney Fee...
2021.03.15 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.03.15
Excerpt: ...ld them a 50% interest in Eliquis. (FACX ¶¶ 16, 18, 33.) This states a direct claim by cross-complainants – they are the ones who lost a 50% interest in Eliquis. 2nd cause of action, breach of contract. The FAXC states facts sufficient to constitute this cause of action. It sufficiently alleges the contract “‘“was made expressly for [Eliquis's] benefit and one in which it clearly appears that [Eliquis's] was a beneficiary.”'” (The H...
2021.03.08 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.03.08
Excerpt: ...iary presumption that affects the standard of care in a cause of action for negligence.” (Turner v. Seterus, Inc. (2018) 27 Cal.App.5th 516.) Thus, these “causes of action” are duplicative of the 4th cause of action for negligence. (See Palm Springs Villas II Homeowners Assn., Inc. v. Parth (2016) 248 Cal.App.4th 268, 290.) Leave to amend is limited to amending the 4th cause of action to incorporate allegations from the 1st and 2nd cause of...
2021.03.08 Anti-SLAPP Motion
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.03.08
Excerpt: ... 10-14, 17-20.) Plaintiff Scott Smith failed met his shifted burden to “provide the court with sufficient evidence to permit the court to determine whether ‘there is a probability that the plaintiff will prevail on the claim.'” (DuPont Merck Pharmaceutical Co. v. Superior Court (2000) 78 Cal.App.4th 562, 568.) As to the malicious prosecution claim, plaintiff failed to offer evidence making a prima facie showing of a lack of probable cause. ...
2021.02.22 Anti-SLAPP Motion
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.02.22
Excerpt: ...niels v. Robbins (2010) 182 Cal.App.4th 204, 215 [malicious prosecution]; Booker v. Rountree (2007) 155 Cal.App.4th 1366, 1370 [abuse of process]; Newport Harbor Offices & Marina, LLC v. Morris Cerullo World Evangelism (2018) 23 Cal.App.5th 28, 45 [filing unlawful detainer]; see also Compl. ¶¶ 8, 10, 12-13, 21, 29.) As to the 1st cause of action for malicious prosecution, plaintiff met his shifted burden to “provide the court with sufficient ...
2021.02.08 Motion to Quash Subpoena
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.02.08
Excerpt: ...ced records confidential and use them for this litigation only. The parties have resolved their disputes except as to Categories #3-6. (See Zins decl. Ex. F at pp. 3-5.) Category 3, Physical or Mental Health. Plaintiff has tendered his mental and physical health in this matter. (See Evid. Code §§ 996, 1016; Vinson v. Superior Court (1987) 43 Cal.3d 833, 839-840; see also FAC ¶¶ 11 & 18.) Category 4 & 6, Misconduct and Performance Evaluations....
2021.02.08 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.02.08
Excerpt: ....App.4th 1250, 1280; accord Compl. at ¶ 19.) 1st cause of action, Civ. Code § 2924. The complaint fails to state facts sufficient to constitute a cause of action. Judicially noticeable documents show Barrett Daffin Frappier Treder & Weiss LLP was properly substituted as trustee on 5/8/19, prior to the 5/24/19 recordation of the notice of default. (See Civ. Code, § 2934a, subd. (d)(4) [“Once recorded, the substitution shall constitute conclus...

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