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2024.05.13 Motions to Set Aside 061
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13

Excerpt: ...ight Writs of At tachment issued on January 17, 2024. “[A]lthough in a motion under section 485.240 the defendant is the moving party, the plaintiff nevertheless continues to have the burden of proving (1) that his claim is one upon which an attachment may be issued and (2 ) the probable vali dity of such claim, th e same burden h e must meet under sec tio n 484.090.” ( Loeb & L oeb v. Beverly Glen Music (1985) 166 Cal.App.3d 1110, 1116.) Def...

2024.05.13 Motion to Vacate Arbitration, Stay Proceedings, for Sanctions 704
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13

Excerpt: ... this “procedur al limbo.” (Gallo v. Wood Ranch USA, Inc. (2022) 81 Cal.App.5th 621, 634 (Gallo) [quoting legislative history].) The Legislature enacted section 1281.97 along with section 1281.98 and amended both sections in 2021. The former provision concerns fees due at the initiation of the arbitration. CCP § 1281.98 applies to fees and costs required during the arbitration to continue the proceeding. (Williams v. West Coast Hospitals, In...

2024.05.13 Motion to Compel Binding Arbitration 468
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13

Excerpt: ...mpts state law bears the burden of proving the FAA applies. (See Woolls v. Superior Court (2005) 127 Cal.App.4th 197, 211.) Defendant bears the burden of proving the arbitration agreement is a “contract evidencing a transaction involving [interstate] commerce.” (9 U.S .C. § 2.) “Commerce,” for purposes of the FAA, generally includes employment contracts. (Circuit City v. Adams (2001) 532 U.S. 105, 113, 121) Priority submits evidence that...

2024.05.13 Motion for Summary Judgment, Adjudication 193
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13

Excerpt: ... the allegation that, b etween March and November, the common area trash dumpsters “create a major nuisance as a source of fruit ﬂies.” (TAC at ¶59) Plaintiff does not assert that the defendants put food or other items in the dumpsters which attracted fruit ﬂies. Instead, pla intiff alleges that “defendants' efforts to abate the nuisance were completely inadequate.” (TAC at ¶66) This requires proof of negligence. “[T]hat proof of ...

2024.05.13 Motion for Summary Judgment 444
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13

Excerpt: ...eclaration that the defendant's conduct fell within the community standard of care, or did not cause or contribute to the injury, 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; Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 984- 985.) Here, Defendants have met their initial burden. The expert opinion of Dr...

2024.05.13 Demurrer 122
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13

Excerpt: ...rtgage Co. v. Reece (2001) 89 Cal.App.4th 731, 745.) Defendants demur to the breach of contract cause of action on the ground it is not sufficiently pled because Plaintiffs cannot allege their performance under the contract and fail to allege any damages resulting f rom any purported breach by Defendants since Plaintiffs were damaged by their own conduct and inability to meet their obligations under the loan received from Defendants. Here, the 4A...

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 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...

2024.04.29 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 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....

2024.04.22 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 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...

2024.03.25 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 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 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 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 ...

2024.03.18 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,...

2024.03.11 Motion to Compel Further Responses 551
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.11

Excerpt: ... From Defendant Cheol Kim, etc. (“Motion 2” below , ﬁled as ROA 66); (3) Motion to Compel Further Responses Without Objections to Special Interrogatories (Set One) From Defendant Cheol Kim, etc. (“Motion 3” below, ﬁled as ROA 94); (4) Motion to Compel Further Responses Without Objections to Special In terrogatories (Set One) From Defendant Pinebrook Acupuncture, etc. (“Motion 4” below, ﬁled as ROA 78); (5) Motion to Compel Furth...

2024.03.11 Motion for Terminating, Issue, Evidentiary, Monetary Sanctions for Spoliation of Evidence 920
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.11

Excerpt: ...nts' request for judicial notice, Nos. 1 -4. It is unnecessary to ask the court to take judicial notice of materials previously ﬁled in this case. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2014) ¶ 9.53.1a, p. 9(l) -3 3.) Plaintiff's Evidentiary Objections. The Court declines to rule on plaintiff's objections as such rulings w...

2024.03.11 Demurrer, Motion to Strike 699
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.11

Excerpt: ...trike are DENIED. I. DEMURRER BY LEGACY The within action is brought under the Elder Abuse and Dependent Adult Civil Protection Act (“Act”) and arises out of the death of Andrew Chavez (“Andrew”), an alleged drug addict. The Act creates a civil cause of action for a “dependent adult” who suffers “neglect” or “de privation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.” (...

2024.03.04 Demurrer 069
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.04

Excerpt: ...e § 430.10(e) and (f).) “To state a cause of action for breach of contract, a party must plead the existen ce of a contract, his or her performance of the contract or excuse for nonperformance, the defendant's breach and resulting damage. [Citation.] If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the body o f the complaint or a copy of the written agreement must be attached and incorpo...

2024.03.04 Motion for Leave to File FACC 956
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.04

Excerpt: ...iff Qi. By way of the subject motion, Verde seeks leave to ﬁle a FAXC against plaintiff Qi. Rule 3.1324 sets forth the requirements for a motion for leave to amend. Here, the motion fails to state what allegations are to be added and deleted. Therefore, the motion fails to comply with 3.1324(a)(2)&(3). Additionally, the Motion does not include an attached copy of the proposed amended XC. However, on the same day the motion was ﬁled, Verde als...

2024.03.04 Motion for Summary Judgment 094
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.04

Excerpt: ...; C.C.P. § 437c(c).) To satisfy this burden, a defendant must establish that one or more of the elements of a cause of action (a “COA”) cannot be established or that a complete defense exists to the cause of action. (Id.; C.C.P. § 437c(o).) If the defendant meets this burden, the burden shifts to the plaintiff to show a triabl e issue of material fact exists as to either the particular COA or the proffered defense thereto. (Id.) The plainti...

2024.03.04 Motion to Compel Further Responses 891
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.04

Excerpt: ...writing, the demanding party waives any right to compel a further response to the demand.” Here, plaintiff submits evidence that NorCal served veriﬁed responses to RFP, Set One, on 7/17/23 by email. The subject motion was not ﬁled until 10/5/23 which is more than 45 days after the responses were served. Plaintiff did not submit evidence of an agreement by NorCal to extend the motion deadline. Accordingly, the motion is untimely and denied. ...

2024.03.04 Motion to Stay Civil Proceedings Pending Expiration of Criminal Limitations Period 928
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.04

Excerpt: ... on 08/20/24. (Ortega -Carrillo Decl. ¶ 6, Ex. A.) While the criminal trial is only approximately ﬁve -months away from the date of this hearing, that does not support staying the entirety of this action. The court recognizes a criminal prosecution should not be able to obtain information through civil proceedings to which it was not entitled under the criminal discovery rules and that to allow the prosecutors to monitor the civil proceedings ...

2024.02.26 Motion for Summary Judgment, Adjudication 055
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.02.26

Excerpt: ... burden of showing that a cause of action has no merit if the party has shown that one or mo re 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 -com plainant to show that a triable issue of one or more material facts exists as to the cause of actio...

2024.02.26 Motion for Protective Order 920
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.02.26

Excerpt: ...NIED in part. The two motions and arguments are largely duplicative and t hus will be handled together. Plaintiff seeks to compel Defendant Marriot to produce all documents and ESI responsive to Requests for Product (“RFP”) (Set One) Nos 2, 6, 14, and 26. As to Defendant Lerma, Plaintiff seeks to compel him to produce all docu ments and ESI responsive to RFP (Set one) Nos 2, 6, 14, 18, 20, 26, 30, and 32. As to the format of the ESI, Under C....

2024.02.26 Demurrer 712
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.02.26

Excerpt: ...(Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 14041 405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) “Because a demurrer tests only the legal sufficiency of the pleading, the facts alleged in the pleading are deemed to be true. (Thompson v. Ioane (2017) 11 Cal.App.5th 1180, 1190 [citation omitted].) As to the Trespass cause of action, the disputed issue is ...

2024.02.23 Motion for Summary Judgment 696
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.02.23

Excerpt: ...it 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 cross- defendant 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 defense thereto. The plaintiff or cross - com...

2024.02.05 Motions to Compel Further Responses 845
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.02.05

Excerpt: ...FP, Set Two, Þled by Gorla and directed to Plainti¯/Cross-Defendant, Hospitality Marketing Concepts, LLC (“HMC”). The RFP propounded to HMC that were the subject of the January 8th order are identical to the RFP propounded on the Ramadan brothers. The court notes the arguments raised in the four motions to compel are nearly identical. Because the document requests to the Ramadan brothers and to HMC are identical and because the Ramadan bro...

2024.02.05 Motion to Quash Service of Summons 063
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.02.05

Excerpt: ...a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Once a defendant challenges the Court's jurisdiction, it is up to the plainti¯s to prove, by a preponderance of the evidence, that personal jurisdiction exists. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 449. This must be shown by a¯idavits, declarations, or other competent evidence. (In re Automobile ...

2024.02.05 Motion for Leave to File FAC 428
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.02.05

Excerpt: ...inti¯ sets forth the allegations to be amended. Plainti¯ also submits the declaration of counsel which explains the e¯ect of the amendment and why the amendment is necessary and proper, including reference to the red-line version attached. The declaration also states when the facts were discovered. Counsel states “It was only after defendants Þled their answer to the original complaint after remand that I realized the First Amended Compl...

2024.01.29 Motions to Compel Further Responses 514
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.01.29

Excerpt: ...ain circumstances as laid out in Civ. Proc. Code § 2031.310(a). “Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the disc...

2024.01.29 Motion for Summary Judgment 956
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.01.29

Excerpt: ...1350. Additionally, the proof of service which lists all of the documents served by Verde in connection with the MSJ does not mention that a separate statement was served, even though it appears plainti¯ received the document because she provided a response. In the motion, Verde seeks summary judgment as to the Complaint Þled by plainti¯ Ying Qi in which she alleges a single cause of action for Premises Liability against Verde. Verde is alle...

2024.01.29 Motion for Summary Judgment 260
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.01.29

Excerpt: ...here is no triable issue of material fact and the moving party is entitled to judgment as a matter of law. (McCabe v. American Honda Motor Co. (2002) 100 Cal.App.4th 1111, 1119; C.C.P. § 437c(c).) Where a defendant is the moving party, it must establish that one or more of the elements of a cause of action cannot be established or that a complete defense exists to the cause of action. (Id.; C.C.P. § 437c(o).) If the defendant meets this burden,...

2024.01.29 Demurrer 969
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.01.29

Excerpt: ...he Þrst ground and does not reach the second. 1) COA No. 5 – Fraudulent Inducement – Concealment Concealment is, “[t]he suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact” (Civ. Code § 1710(3).) “To state a claim for fraudulent concealment under California law, a plainti¯ must allege: “ ‘(1) a misrepresentation (fal...

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