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2024.05.06 Motion to Quash Service of Summons 027
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.06
Excerpt: ... (1994) 24 Cal. App.4th 1426, 1444.) “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove … the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal. App.4th 403, 413, internal quotes omitted.) However, if a proof of service complies with the applicable statutory requirements, its filing creates a rebuttable presump...
2024.05.06 Motion for Summary Judgment 992
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.06
Excerpt: ...n a medical negligence claim, when a defendant moves for summary judgment and supports the motion with expert declarations that the defendant's conduct fell within the community standard of care, the defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence. (Hanson v. Grode (1999) 76 Cal.App.4th 601, 607.) Regarding causation, the plaintiff must offer an expert opinion that contains a reasoned...
2024.05.06 Demurrer, Motion to Strike 768
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.06
Excerpt: ... cross -complaint has b een filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: ¶ (e) The pleading does not state facts sufficient to constitute a cause of action. ¶ (f) The pleading is uncertain.” In this action, plaintiff alleges she was hired by Cao to provide caretaking assistance for Zhang at an Irvine residential property. Plaintiff also alleges Cao was a r...
2024.05.06 Demurrer 446
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.06
Excerpt: ..., no matter how u nlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial n otice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. (Day v. Sharp (1975) 50 ...
2024.04.29 Motion to Compel Arbitration 742
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.29
Excerpt: ...�� the controversy. (Code C iv. Proc., § 1281.2.) The Court shall grant the petition unless the petitioner waived the right to compel arbitration or other grounds exist for rescission of the agreement. (Id.) “Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence.” (Rosenthal v. Great Western Fin. Securities Corp....
2024.04.29 Motion for Summary Judgment, Adjudication 055
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.29
Excerpt: ...en of showing that a cause of a ction has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or crossdefendant has met that burden, the burden shifts to the plaintiff or cross -complainant to show that a triable issue of one or more material facts exists as to the cause of action or a...
2024.04.29 Motion for Protective Order 149
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.29
Excerpt: ...to protect any party “fr om unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420(b).) At issue here are two depositions which Hillstone seeks to prevent Plaintiff, Georgina Puglisi (“Plaintiff”) from conducting. The first is the deposition of Hillstone's custodian of records with a request to produce at deposition videos of former defendant Mario Jaramillo (“Jaramillo”) enga...
2024.04.29 Demurrer 823
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.29
Excerpt: ...laim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury. [Citations.] Premises liability ‘“is grounded in the possession of the premises and the attendant right to control and manage the pre mises” '…” (Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158.) “However, ‘[a] defendant cannot be held liable for the defective or dangerous condition of property w...
2024.04.22 Special Motion to Strike 555
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.22
Excerpt: ...hree causes of action. Code of Civil Procedure section 425.16 permits a special motion to strike Strategic Litigation Against Public Participation (“SLAPP”) lawsuits. A SLAPP suit is “a meritless suit filed primarily to chill the defendant's exercise of First Amendmen t rights.” (Finton Construction, Inc. v. Bidna & Keys, APLC (2015) 238 Cal.App.4th 200, 208.) The purpose of the anti - SLAPP law is “not [to] insulate defendants fro...
2024.04.22 Motion to Set Aside Order, to Reopen Discovery 963
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.22
Excerpt: ...23 Order requiring Wilshire and its former counsel, Jaime Kim, to jointly and severally pay Cross -Defendants Zenbu USA, Inc., Time Escrow, Inc., Paramount Realty and Omni Realty (collectively, “Cross -Defendants”) $5,300 in monetary sanctions related to several discovery mot ions filed by Cross- Defendants against Wilshire. As an initial matter, it is noted Wilshire did not submit an attorney affidavit of fault. Thus, relief under the manda...
2024.04.22 Motion for Reconsideration 620
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.22
Excerpt: ... issued its ruling on the MTQ on 10/30/23. (ROA #212.) Plaintiff Balboa Capital Corporation (“Plaintiff”) also filed and served a Notice of Ruling on the MTQ on 10/30/23. (ROA ##208, 210.) That Notice of Ruling was served via express mail, which extends the time to file a reco nsideration motion by two-court days. (Civ. Proc. Code § 1013(c).) Thus, Defendant had until 11/11/23 to file the present Motion. Instead, Defendant did not file t...
2024.04.22 Motion for Attorney Fees 921
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.22
Excerpt: ...inter alia, complexit y of case, skill exhibited, and results achieved. The prevailing buyer has burden of showing that fees incurred are allowable, reasonably necessary to conduct of litigation, and reasonable in amount.” (Nightingale v. Hyundai Motor America (1994) 31 Cal.App .4th 99, 104 -105.) Here, it is undisputed that Plaintiffs are the prevailing party entitled to recover fees pursuant to Civil Code §1794(d). While Defendant contends g...
2024.04.15 Motion for Judgment on the Pleadings 183
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.15
Excerpt: ...ment. (See Govt. Code §§ 911.2(a) and 945.4 [setting forth claims presentation requirements].) The FAC alleges Government Code section 905(m), which was amended by AB 218, exempts any requirement that Plaintiff comply with the claim presentation requirement. The District argues that the change to Government Code section 905(m) made by AB 218 was unconstitutional as an improper gift of public funds under Article XVI, section 6 of the California ...
2024.04.15 Motion for Approval of Proposition 65 Settlement 613
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.15
Excerpt: ...h violation, in addition to any other penalty established by law (H&S Code §25249.7(b)(1)). These violations may be enforced by, inter alia, persons in the public interest. (H&S Code §25249.7(c) -(d).) If there is a settlement of an action brought by a person in the pub lic interest, the plaintiff shall submit the settlement to the court for approval upon noticed motion, and the court may approve the settlement only if the court makes all of th...
2024.04.08 Motion for Summary Judgment, Adjudication 845
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.08
Excerpt: ...f, Hospitality Marketing Conc epts, LLC (“HMC”). For th e reasons set forth b elow, both motions are DENIED. Motion 1: The Ramadans' Motion A. Issues One and Two (Alter Ego Liability as to HMC) “In California, two conditions must be met before the alter ego doctrine will be invo ked. First, there must be such a unity of interest and ownership between the corporation and its equitable owner that the separate personalities of the corporation ...
2024.04.08 Demurrer 946
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.08
Excerpt: ...'s breach and resulting damage.” (Harris v. Rudin, Richman & Appel (1999) 74 Cal. App. 4th 299, 307.) “If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement mus t be attached and incorporated by reference.” (Id.) Here, Plaintiff alleges that on or about March 28, 2022, Plaintiff and Defendant entered into a “purported contract�...
2024.03.25 Motion to Strike 799
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.25
Excerpt: ...n or proceeding until an arbitration is had in accordanc e with the order to arbitrate or until such earlier time as the court specifies.” (Code Civ. Proc., § 1281.4.) “The purpose of the statutory stay [required pursuant to section 1281.4] is to protect the jurisdiction of the arbitrator by preserving the st atus quo until arbitration is resolved. [Citations.] [¶] In the absence of a stay, the continuation of the proceedings in the trial ...
2024.03.25 Motion to Quash Service of Summons, to Enforce Compliance with Deposition Subpoena 233
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.25
Excerpt: ...Plaintiffs”) (“Motion 2” below). I. Motion 1 Motion 1 is DEN IED. In determining whether exercise of state -court jurisdiction is consistent with due process, the inquiry must focus on the relationship among the defendant, the forum, and the litigation. (Rush v. Savchuk (1980) 444 U.S. 320, 327.) The presence of pr operty in a state may bear on the existence of jurisdiction by providing contacts among the forum State, the defendant, and the...
2024.03.25 Motion for Summary Judgment, Adjudication 193
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.25
Excerpt: ...aken on 3/7/24 and the transcript has not yet been prepared . He says the deposition was originally noticed for 1/30/24 but defendants delayed such that the deposition did not go forward until 3/7. Plaintiff summarizes portions of Mr. Ip's deposition at ¶¶3, 5, 6, 7, 15, 16, 18, 19, 21, 28, 30, 31, 32 & 35 of his declaration. However, he requests a continuance pursuant to CCP §437c(h) so that the actual transcript can be submitted with the spe...
2024.03.25 Motion for Attorney Fees 497
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.25
Excerpt: ...eement signed by Plaintiff Milton Crews Clark (“Plaintiff”) permits a contractu al fee claim here. (ROA 1499, Ex. 2, at ¶ 15.) Although the fees provision therein allows fees to be recovered by the prevailing party only to the extent incurred “to enforce the compensation provisions of this Agreement,” the right to recovery is recipro cal under Civil Code §1717(a). So fees may be recovered on an action either to enforce the compensation ...
2024.03.25 Motion for Attorney Fees 224
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.25
Excerpt: ...is entitled to mandatory attorney fees [and costs].” (Ketc hum v. Moses (2001) 24 Cal.4th 1122, 1131 (Ketchum); Code Civ. Proc, § 425.16, subd. (c)(1).) The “prevailing defendant on a motion to strike be allowed to recover attorney fees and costs only on the motion to strike, not the entire suit.” (LaFayette Mor ehouse, Inc. v. The Chronicle Publishing Co. (1995) 39 Cal.App.4th 1379, 1383; S.B. Beach Properties v. Berti (2006) 39 Cal.4th 3...
2024.03.18 Motion to Set Aside Dismissal 963
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.18
Excerpt: ...istake, inadvertence, surprise, or excusable neglect. Application for this r elief…shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken…Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's swor...
2024.03.18 Demurrer, Motion to Strike 992
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.18
Excerpt: ...a. 42 and Para. 3 of the Prayer. I. DEMURRER 1st cause of action: Gender/Pregnancy Dis crimination (vs. EWL) A prima facie case for a discrimination requires a showing by the plaintiff of the following elements: (1) that he or she was a member of a protected class; (2) that he or she was qualified for the position he or she sought or that he or she was performing competently in the position he or she held; (3) that he or she suffered an adverse ...
2024.03.18 Demurrer to SAC 520
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.18
Excerpt: ...in connection with a Motion for Summary Judgment (¶23, ¶24, ¶28, ¶30, ¶31, ¶32, ¶34, ¶35, ¶39, ¶40, ¶41, ¶43, ¶44- ¶83, ¶85-¶97 and ¶99 -¶103 of SAC) and Declarations filed in support of Plaintiff's Ex Parte Application for a TRO. (¶30, ¶31, ¶32, ¶33 and ¶36 of SAC.) As a demurrer assumes the truth of factual allegations (Blank v. Kirwan ( 1985) 39 Cal.3d 311, 318), Plaintiffs' intention in offering these citations is uncl...
2024.03.18 Demurrer to FAC 646
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.18
Excerpt: ...toppel; and (2) Plaintiff failed to exhaust administrative remedies. (Defense Supplemental Brief: 2:17 -21.) While Defendant does not include an additional request for judicial notice, which addresses the resolution of this appeal, a copy of the relevant opinion is attached to a Notice of Ruling which was filed by Defendant on Augus t 15, 2023. (ROA No. 147.) The Court takes judicial notice of this opinion, pursuant to Evidence Code section 452,...

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