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2019.8.26 Motion to Strike
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.8.26
Excerpt: ...dren and families are known to cross and/or play.” These allegations adequately plead despicable conduct. (See Lackner v. North (2006) 135 Cal.App.4th 1188, 1210-1213.) Defendant shall give notice. ...
2019.8.26 Motion for Attorney Fees
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.8.26
Excerpt: ... 570 hours, a reasonable rate for which would be $500 per hour. That makes a subtotal of $285,000. To this, the court add a 33% multiplier of $94,050. Plaintiff's counsel persevered through the death of his client, a defense verdict on the first trial, an appeal, and the loss of witnesses and evidence over many years. The total award is thus $379,050, which reflects an objectively reasonable award for the work in this case. (See PLCM Group v. Dre...
2019.8.26 Demurrer, Motion to Strike
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.8.26
Excerpt: ...l fails to state facts sufficient to constitute this cause of action. It still fails “‘to show an intention or purpose to convert the goods and to exercise ownership over them, or to prevent the owner from taking possession of the property'”].) (Spates v. Dameron Hospital Assn. (2003) 114 Cal.App.4th 208, 222.) At best and putting aside contrary allegations, the SAC alleges defendants intentionally left their gate open. (See SAC ¶¶ 30- 37...
2019.8.19 Demurrer, Motion to Strike
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.8.19
Excerpt: ...ecessarily time-barred. (See Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403.) None of the three documents upon which defendants rely shows on its face when plaintiff Dawn Thorson knew of the alleged misconduct. Exhibit 4 shows when plaintiff was appointed special administrator of the Posner estate, but it does not show what she knew. Exhibits 2 and 8 show what the other three plaintiffs knew, but they do not show what this p...
2019.8.19 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.8.19
Excerpt: ... ‘to out-of-state persons or corporations engaged in commerce.'” (Heritage Marketing & Ins. Services, Inc. v. Chrustawka (2008) 160 Cal.App.4th 754, 759.) “[S]ection 351 [does] not violate the commerce clause ‘when applied to a non-commercial defendant not engaged in interstate commerce.'” (Id. at p. 761.) The face of the FAC does not show any connection to interstate commerce. It does not allege defendants are nonresidents doing busine...
2019.8.5 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.8.5
Excerpt: ...v. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851; see also Def. SSUF ¶¶ 24, 29, 33, 37.) But plaintiff met his shifted burden to show triable issues of material fact. (See Aguilar, supra, 25 Cal.4th at pp. 849-850; Code Civ. Proc., § 437c, subd. (p)(1); see also Pl. SSUF ¶¶ 24, 29, 33, 37.) Issue #2, General Negligence. By challenging this claim as duplicative of the professional negligence cl...
2019.8.5 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.8.5
Excerpt: ..., FSB (2010) 185 Cal.App.4th 1018, 1023; accord Patrick v. Alacer Corp. (2008) 167 Cal.App.4th 995, 1015.) The SAC also fails to state facts sufficient to constitute this cause of action. It fails to allege “conduct that is so outrageous that it exceed[s] all bounds of that usually tolerated in a civilized community.” (Hughes v. Pair (2009) 46 Cal.4th 1035, 1051, internal quotation marks omitted.) Nor does it allege “emotional distress of s...
2019.7.29 Motion to Compel Arbitration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.7.29
Excerpt: ...et its burden to show a written arbitration agreement exists that covers plaintiff's claims and is governed by the FAA. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; Shepard v. Edward MacKay Enterprises, Inc. (2007) 148 Cal.App.4th 1092, 1101 [FAA]; see also Remy decl. ¶¶ 4-6 & Ex. A.) Plaintiff does not dispute signing the agreement. His failure to recall doing...
2019.7.29 Motion for Summary Judgment, for Sanctions
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.7.29
Excerpt: ...nt showed she does not have an adverse claim to plaintiff's interest in the subject property. The adverse claimant is the judgment creditor under the recorded support order. That would be plaintiff's ex-wife. (See Fitzgerald decl. ¶¶ 6, 8, Ex. 3; 5/16/19 Notice of Errata, Ex. A; Chen decl. ¶ 3, Ex. B; Hibert decl. ¶¶ 6-7; see also Code Civ. Proc., §§ 680.230, 680.240, 680.270, 697.320.) Plaintiff fails to meet his shifted burden to show a ...
2019.7.29 Motion for Reconsideration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.7.29
Excerpt: ...e diligence have been presented earlier. (Code Civ. Proc. § 1008, subd. (a); see also Even Zohar Const. & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 839; Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1198-1200.) Plaintiffs' alternative request for a new trial is untimely in two ways. First, plaintiffs failed to file and serve a timely notice of intention. (See Code Civ. Proc., § 659.) Second, plaintiffs...
2019.7.22 Motion for Attorney Fees
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.7.22
Excerpt: ...les of Court, Rule 8.278 [costs and fees on appeal].) Plaintiff may recover contractual attorney fees even though he “prevail[ed] on grounds the contract is inapplicable, invalid, unenforceable or nonexistent” – under the clause, defendant “would have been entitled to attorney's fees had it prevailed.” (Hsu v. Abbara (1995) 9 Cal.4th 863, 870.) This clause expressly singles out arbitration-related attorney fees. Plaintiff prevailed on t...
2019.7.22 Motion for Terminating Sanctions
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.7.22
Excerpt: ...said: “I'm going to kill him. I'm going to rip his head right off.” The Los Angeles Superior Court issued a civil harassment restraining order protecting the witness from Mueller. The court heard live testimony from the witness and Mueller. It expressly found Mueller made a “clear, credible threat of violence.” Mueller also violently threatened an officer of this court. After insulting defense counsel, Mueller said “I'm bigger than you�...
2019.7.22 Motion to Quash Service of Summons
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.7.22
Excerpt: ...alifornia with sufficient minimum contacts substantially related to this contract dispute. (See Pavlovich,supra, 29 Cal.4th at p. 269 [purposeful availment]; see also Goehring v. Superior Court (1998) 62 Cal.App.4th 894, 907 [contract factors]; accord Burger King Corp. v. Rudzewicz (1985) 471 U.S. 462, 477-482 [same].) Plaintiff showed defendant reached out to plaintiff in California to initiate the transaction, then sent a representative to Cali...
2019.7.15 Motion to Strike Costs
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.7.15
Excerpt: ... v. Bodokh(2019) 35 Cal.App.5th 761.) Defendant has not shown plaintiff's claims were frivolous, unreasonable, or groundless, let alone based on perjured testimony. Plaintiff was repeatedly impeached at trial, no question. But defendant fails to show plaintiff was willfully lying. “People often forget things or make mistakes in what they remember.” (CACI No. 107.) Besides, the jury was one vote away from hanging. Three jurors found for plaint...
2019.7.15 Motion to Compel Further Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.7.15
Excerpt: ...onse to identifying its policies regarding suspicion of fraud with respect to claims for stolen vehicles. The parties shall meet and confer to reach a stipulated protective order. The rest of Special Interrogatory #3 is vague, ambiguous, irrelevant, and overbroad on its face. Special Interrogatories 1 and 2 are vague and ambiguous. What facts relate to a corporate policy? Who are the witnesses to a corporate policy? Special Interrogatories 4 and ...
2019.7.15 Motion for Reconsideration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.7.15
Excerpt: ...gence have been presented earlier. (Code Civ. Proc. § 1008, subd. (a); see also Even Zohar Const. & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 839; Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1198-1200.) Plaintiffs' alternative request for a new trial is untimely in two ways. First, plaintiffs failed to file and serve a timely notice of intention. (See Code Civ. Proc., § 659.) Second, plaintiffs made ...
2019.7.15 Motion for Protective Order
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.7.15
Excerpt: ...in plaintiffs' contentions and “the facts, witnesses, and writings” on which they are based. (Code Civ. Proc., § 2030.010, subd. (b).) And defendants offered to withdraw duplicative interrogatories. Plaintiffs fail to show responding to the special interrogatories would cause “unwarranted annoyance, embarrassment, or oppression or undue burden and expense.” (See Code Civ. Proc. § 2030.090, subd. (b)). Plaintiffs fail to show exactly wha...
2019.7.8 Motion to Vacate
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.7.8
Excerpt: ...sed by inexcusable neglect or avoidance of service. (See Code Civ. Proc. § 473.5; see also Trackman v. Kenney(2010) 187 Cal.App.4th 175, 180.) Finally, defendant has also not shown with admissible evidence that the entry of default was due to extrinsic fraud or mistake. The court grants plaintiff's request for judicial notice. It will take notice of the court records' existence, filing, and legal effect – but will not take notice of the truth ...
2019.7.8 OSC Re Dismissal of Settled Case, Motion to Rescind Notice of Settlement
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.7.8
Excerpt: ... their posttrial settlement. The court need not assign blame – the parties either completed their settlement or they did not. Because this case has not settled, the court will issue its ruling forthwith. Plaintiffs' request for posttrial damages and relief is denied without prejudice. They have not shown the court retained jurisdiction to enforce the settlement by way of motion. (Cf. Code Civ. Proc., § 664.6.) The relief plaintiffs seek now wa...
2019.6.10 Demurrer, Motion to Strike
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.6.10
Excerpt: ...n, negligence. The complaint states facts sufficient to constitute this cause of action. (See Mendoza v. City of Los Angeles (1998) 66 Cal.App.4th 133, 1339 [elements]; see also Compl. ¶¶ 14-17.) “There is no need to require specificity in the pleadings.” (Ludgate Ins. Co. v. Lockheed Martin Corp. (2000) 82 Cal.App.4th 592, 608 (Ludgate).) 2nd cause of action, premises liability. The complaint states facts sufficient to constitute this caus...
2019.6.10 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.6.10
Excerpt: ...tual intention to enter into a binding contract. (See Civ. Code § 1621; see also 1 Witkin, Summary of Cal. Law (10th ed. 2005), Contracts §§ 102, 103). The alleged portions of the Code of Conduct, Referee Complaint Policy, and Prohibitions Against Misconduct Against Referees are not the sort of public notice that constitute an offer. (See generally Donovan v. RRL Corp. (2001) 26 Cal.4th 261, 271-273.) 3rd cause of action, breach of contract. T...
2019.6.3 Motion to Compel Further Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.6.3
Excerpt: ...d December 2014 and December 2015. Defendant may redact any information that deals exclusively with peer review of the physician's medical performance and suggestions for improvement as to medical care. While defendant's supplemental privilege log filed with the parties' Joint Statement fails to comply with the court's order, it is apparently sufficient for the parties' purposes. Yet the log still fails to establish that the performance monitors ...
2019.6.3 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.6.3
Excerpt: ...fied under modern discovery procedures.” (Ibid.) 1st cause of action, elder abuse The complaint states facts sufficient to constitute this cause of action. (See Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396 [elements].) It sufficiently alleges defendant's responsibility for meeting the elder's basic needs (Compl. ¶¶ 13-14 & 20); defendant's knowledge of conditions that made the elder unable to provide for basic nee...
2019.5.20 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.5.20
Excerpt: ...sition? The court ordered plaintiffs to serve their opposition and file proof of service no later than 5/7/19. (See 4/29/19 minute order and notice of ruling.) They failed to file proof of service as ordered. But they must have served their opposition because defendants reply to it. The court will proceed to the merits. Standing. Neither the SAC nor anything the court can properly notice shows on its face that plaintiff Susan Hersey lacks standin...
2019.5.20 Motion for Judgment on the Pleadings, for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.5.20
Excerpt: ...pany, Inc. v. Mach-1 Autogroup (G048082, Apr. 3, 2015,) [nonpub. opn.].) “An unqualified reversal remands the cause for a new trial [citation], and places the parties in the trial court in the same position as if the cause had never been tried, with the exception that the opinion of the court on appeal must be followed so far as applicable.” (Central Sav. Bank of Oakland v. Lake (1927) 201 Cal. 438, 443.) Cross-defendants' concerns about whet...
2019.5.20 Motion to Compel Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.5.20
Excerpt: ...inute order.) That limited information seemed sufficient to allow plaintiffs to determine whether the tire met the industry standard. The court allowed defendant to respond to the reply declaration of plaintiff's expert, who had opined the industry standard is 100% halobutyl. In the new declaration, defendant's expert opines the industry standard is not 100% halobutyl. The specific percentage of halobutyl has thus become relevant, necessary, and ...
2019.5.20 Motion to Vacate Default
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.5.20
Excerpt: ...(b).) They fail to show excusable neglect. (See Generale Bank Nederland, N.V. v. Eyes of the Beholder Ltd. (1998) 61 Cal.App.4th 1384, 1399; Transit Ads, Inc. v. Tanner Motor Livery, Ltd. (1969) 270 Cal.App.2d 275, 286-287.) The vague assertions continue to lack credibility. (Compare 1/2/19 minute order with Swan decl. at 10:23-11:4.) Defendants fail to show the judgment is void. (See Code Civ. Proc. §473, subd. (d).) Motion for Relief from Admi...
2019.5.13 Motion to Quash
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.5.13
Excerpt: ...as due 4/30/19. (See Cal. Rules of Court, rule 3.1300(d).) Even if the court did consider the untimely opposition, plaintiff fails to show defendant's “‘affiliations with [California] are so “continuous and systematic” as to render it essentially at home'” here – for example, that California is defendant's “place of incorporation and principal place of business” – thereby subjecting defendant to general jurisdiction. (Daimler AG...
2019.5.13 Motion to Disqualify
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.5.13
Excerpt: ... any documents in their possession, custody, or control that refer to the privileged emails. Plaintiff is barred from using or disseminating the privileged emails or any information obtained thereby. David L. Brault shall reimburse defendant for reasonable attorney fees and costs incurred with this motion. (See Code Civ. Proc., § 2023.010, subd. (c).) Defendant may file and serve an attorney fee declaration no later than 5/24/19. Attorney Brault...
2019.5.13 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.5.13
Excerpt: ...127; see also Def. Opp. SSUF ¶ 25; Pl. Opp. SSUF ¶¶ 6, 9, 19-21.) George Murai's deposition and declaration are not so flatly contradictory that the declaration is inadmissible. These discrepancies go the weight of his testimony. Plaintiff's request for judicial notice is granted. The court will “take notice of [the document's] existence and contents, though not of disputed or disputable facts stated therein.” (Yvanova v. New Century Mortg...
2019.5.13 Demurrer, Motion to Strike
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.5.13
Excerpt: ...n, conversion. The FAC fails to state facts sufficient to constitute this claim. “‘To establish a conversion, it is incumbent upon the plaintiff to show an intention or purpose to convert the goods and to exercise ownership over them, or to prevent the owner from taking possession of the property.'” (Spates v. Dameron Hospital Assn. (2003) 114 Cal.App.4th 208, 222.) Or as plaintiffs correctly note, conversion requires only “the intent to ...
2019.5.13 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.5.13
Excerpt: ... (See Willis v. City of Los Angeles (9th Cir. 2000) 57 Fed. Appx. 283, 289.) The U.S. District Court has already dismissed the § 1983 claim with prejudice. And the alleged conduct is protected by qualified immunity. (See Gov. Code, § 815.2; see also Via v. City of Fairfield (E.D. Cal. 2011) 833 F.Supp.2d 1189, 1195.) Plaintiff fails to meet her burden to show any reasonable possibility of curing the defects by amendment. (See Blank v. Kirwan (1...
2019.5.13 Anti-SLAPP Motion
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.5.13
Excerpt: ...ng, and concealing funds. (See Cross-compl. ¶¶ 10-12.) The filing of the cross-complaint was just “the means of communicating that action or decision” or “evidence of that action or decision.” (Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1060; accord Ulkarim v. Westfield LLC (2014) 227 Cal.App.4th 1266, 1275-1276 [complaint based on termination of tenancy, not unlawful detainer action].) Cross-defenda...
2019.5.6 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.5.6
Excerpt: ...or causation with sufficient specificity. (See Lazar v. Superior Court (1996) 12 Cal.4th 631, 638 [elements], 645 [specificity].) 5th-6th causes of action, fraud/negligent misrepresentation. The FAC fails to state facts sufficient to constitute these claims. It fails to allege a misrepresentation, plaintiff's reasonable reliance, or resulting damages with sufficient specificity. (See Lazar, supra, 12 Cal.4th at pp. 638, 645 [fraud]; see also Smal...
2019.4.22 Petition to Compel Arbitration, Motion to Advance Arbitration Fees
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.4.22
Excerpt: ...r 11/18/19 at 10 am in Dept. C-15. Defendant met its burden to show a written arbitration agreement exists that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; see also Zia decl. ¶¶ 3-4 & Ex. 1 § 19.6.) Plaintiff has not shown any exception to compelling arbitration. Arbitration Fee Motion Plaintiff's motion to require defendant to adva...
2019.4.22 Motion to Modify Subpoenas
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.4.22
Excerpt: ... may reasonably extend some period before June 2013. The motion is otherwise denied. Assuming the subpoenas present serious intrusions into defendants' legally protected privacy interests, over which defendants have reasonable expectations of privacy, those interests are outweighed by plaintiff's legitimate litigation need for the requested information. (See Williams v. Superior Court (2017) 3 Cal.5th 531, 552.) Defendants shall pay $2250 in disc...
2019.4.22 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.4.22
Excerpt: ...& 3rd causes of action, fraud/negligent misrepresentation. Plaintiff may assert these claims even if the alleged promise would be unenforceable as a contract due to the statute of frauds. (See Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 29-31; accord Lacher v. Superior Court (1991) 230 Cal.App.3d 1038, 1052.) Moreover, the alleged agreement for plaintiff to buy the boat and retain ownership “off title” is capable of being performed within...
2019.4.15 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.4.15
Excerpt: ...e inaccurate. Recorded documents contradict the allegation that defendant lacks the power to foreclose. (See Def. RFJN Ex. C; see also Scott v. JPMorgan Chase Bank, NA (2013) 214 Cal.App.4th 743, 751). The assignment of a deed of trust need not be recorded. (See Haynes v. ENC Mortgage Corp. (2012) 205 Cal.App.4th 329, 336-37). To the extent this claim is based upon Civ. Code § 2024.12, as of 2017 no such private right of action existed. 2nd caus...
2019.4.15 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.4.15
Excerpt: ...(Quintilliani v. Mannerino (1998) 62 Cal.App.4th 54, 59.) Defendant failed to present such facts regarding its alleged vicarious liability for defendant Stephanie Ricci's alleged failure to obtain informed consent. (See Wilson v. Merritt (2006) 142 Cal.App.4th 1125, 1133–1134 [informed consent]; Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 296–297 [vicarious liability]; see also SAC ¶¶ 4, 6.) Plaintiff Aneta Michen...
2019.4.9 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.4.9
Excerpt: ...entify any specific repair facility, literature, or replacement part. 4th cause of action, breach of express warranty. The complaint states facts sufficient to constitute this cause of action. (Cal. Civil Code, § 1794; Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198-199 [“plaintiff may plead the legal effect of the contract”]; Compl. ¶¶ 7, 74-77.) 5th cause of action, breach of implied warranty o...
2019.3.25 Demurrer, Motion to Strike
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.3.25
Excerpt: ...4th 631, 638, 645).) 4th cause of action, negligence. This claim alleging “wrongful conduct . . . while providing medical treatment, surgery and other healthcare services” is duplicative of the 1st cause of action for professional negligence. (See Code Civ. Proc., § 340.5(2); see also Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1000.) Motion to strike Defendant Quang T. Vo's motion to strike is granted without ...
2019.3.25 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.3.25
Excerpt: ...gful use with the intent to defraud or by undue influence, or causation or harm. (See Welf. & Inst. Code, §§ 15610.30.) The claim is also time-barred by the 2-year statute of limitations. (See Code Civ. Proc., § 335.1.) Decedent was aware of the underlying facts and her damages by 12/23/13. (See Def. RFJN, Ex. A.) But this action was not filed until 1/4/18. 2nd Cause of Action, Deceit. The SAC fails to state facts sufficient to constitute this...
2019.3.18 Motion to Expunge
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.3.18
Excerpt: ...AC asserts claims for money. Even the 4th and 5th causes of action for specific performance and constructive trust would not change defendant's legal title or right to possession. Defendant's request for judicial notice is granted. Demurrer The matter is abated. “[F]amily law cases should not be allowed to spill over into civil law.” (Neal v. Superior Court (2001) 90 Cal.App.4th 22, 25.) Defendant has shown the family law department holds “...
2019.3.18 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.3.18
Excerpt: ...t in Santa Ana] with Demurrer Ex. B ¶ 3 [2015 auto accident in Laguna Niguel involving different people].) The FAC is hopelessly untimely. It was filed on 9/11/18 and alleges personal injuries suffered on 12/31/15. It is barred on its face by the 2-year limitations period. (See Code Civ. Proc., § 335.1; see also Mitchell v. California Department of Public Health(2016) 1 Cal.App.5th 1000, 1007.) Plaintiff has not shown any reasonable possibility...
2019.3.11 Motion for Leave to File Complaint
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.3.11
Excerpt: ...v. Frank (1990) 217 Cal.App.3d 94, 98- 99.) The delay appears to have been caused by unsuccessful settlement efforts, not by hiding the ball. While an earlier motion may have been more convenient, the court find no bad faith. Even if some or all of the proposed cross-claims were permissive, trying them with the complaint serves the interests of justice. (See Code Civ. Proc., § 428.50, subd. (c).) The parties should be prepared to discuss a conti...
2019.3.11 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.3.11
Excerpt: ...But the FAC fails to state facts sufficient to constitute this claim. “‘[C]ourts have not extended the Molien direct-victim cause of action to emotional distress which is derived solely from a reaction to another's injury.” (Huggins v. Longs Drug Stores California, Inc. (1993) 6 Cal.4th 124, 131.) That is exactly what the FAC alleges. It asserts plaintiff Angelique Lynch “suffer[ed] severe emotional distress upon seeing the body of [her h...
2019.3.4 Motion for Terminating Sanctions
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.3.4
Excerpt: ...etermined whether to consider it. (See Cal. Rules of Court, rule 3.1300(d).) 2. Reviewing only the moving papers thus far, plaintiffs' respective responses to the 12 document demands are sufficient. Plaintiffs verify they produced all responsive documents. Defendant doesn't believe that. But its incredulity doesn't entitle it to sanctions. It offers no contrary evidence that plaintiffs actually have possession, custody, or control of any withheld...
2019.2.25 OSC Re Preliminary Injunction
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.2.25
Excerpt: ...nk of San Francisco v. Countrywide Financial Corp. (2013) 214 Cal.App.4th 1520, 1527; see also Hassan decl. ¶ 4; Ocwen's RFJN Ex. 9.) Plaintiffs' attempt to relitigate these claims is also untimely. Plaintiffs knew or reasonably should have known of their claims by the time they filed their 2012 case, if not by their 2009 default or the 2006 loan. And plaintiffs have not alleged how they have been injured. Their loan is still outstanding; the ba...
2019.2.4 Motion to Quash Deposition Subpoena
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.2.4
Excerpt: ...act Society of New York, Inc. (2017) 16 Cal.App.5th 1246, 1262.) In their briefs, each party recognizes different ways in which the subpoena might be limited. They should continue exploring the specific information that defendants seek and plaintiff's exact concerns about that specific information. There is reasonable middle ground here. The court is confident the parties can find it. The court anticipates this matter will be resolved before Mond...
2019.2.4 Motion to Compel Further Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2019.2.4
Excerpt: ...leged documents in its possession, custody, or control within 20 days. Defendant Kindred Healthcare Operating Inc. shall serve complete, code-compliant, verified further responses -- without objection other than attorney-client privilege, work-product protection, third-party privacy, or Evidence Code section 1157 -- to plaintiff's requests for production #14 and 23 within 10 days, and shall produce all responsive, nonprivileged documents in its p...

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