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

429 Results

Clear Search Parameters x
Location: Orange County x
Judge: Hoffer, David A x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 507)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 225,25
Array
(
)
2021.11.29 Motion for Reconsideration 798
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.11.29
Excerpt: ...court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order.” It also requires the party making the...
2021.11.15 Motion to Compel Arbitration 854
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.11.15
Excerpt: ..., authenticates a copy of the agreement himself. (¶21-¶22 of Dawson Declaration and Exhibit A thereto). Attached as Exhibit A to the Dawson Declaration is a “Dispute Resolution Agreement” wherein Plaintiff and Defendant Fletcher Jones Motor Cars, Inc. agreed “to utilize binding individual arbitration to resolve all disputes that might arise out of or be related in any way to [Plaintiff's] employment by the Dealership.” (See §1 of Exhib...
2021.11.15 Demurrer 879
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.11.15
Excerpt: ...believes he can amend to cure that defect). The Demurrer as to COAs 1 and 2 is SUSTAINED with 20 days leave to amend. Fraud claims must be specifically pled, including how, when, where, to whom, and by what means the representations were tendered, and, when against an entity, the persons who made the misrepresentations, their authority to speak for the entity, to whom they spoke, what they said or wrote, and when it was said or written. (Tarmann ...
2021.11.15 Demurrer 092
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.11.15
Excerpt: ...ff to show the manner in which she may amend, and how the amendment will change the legal effect of the pleading.” Goodman v. Kennedy (1976) 18 Cal.3d 335, 349. Additionally, leave to amend should be denied where the facts are not in dispute and the nature of the claim is clear, but no liability exists under substantive law. Lawrence v. Bank of Am. (1985) 163 Cal.App.3d 431, 436. Here, the Complaint fails to state sufficient facts to constitute...
2021.11.15 Motion to Compel Further Deposition 264
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.11.15
Excerpt: ...riate pursuant to Civ. Proc. Code § 2034.460(a). As for Roughan's income from expert witness employment, “The compensation and expenses paid or to be paid to an expert witness by the party calling him is a proper subject of inquiry by any adverse party as relevant to the credibility of the witness and the weight of his testimony.” Evid. Code § 722. Although an expert is not required to give precise information as to their income from expert...
2021.10.18 Motion to Compel Further Responses 404
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.10.18
Excerpt: ... part and DENIED in part. As a preliminary matter, Ingeborg opposes all motions on the grounds that she is suffering from dementia as set forth in letters dated 9/27/2018 (from internal medicine physician, Dr. Daniel Sterns) and 9/25/2018 (from neurologist, Dr. Dean Le). It was recommended at that time (3 years ago) that Sandra Kane be granted conservatorship and power of attorney, yet no guardian ad litem was appointed for this action and Ingebo...
2021.10.18 Motion for Protective Order 497
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.10.18
Excerpt: ...as appeared in an action or proceeding and who provides an electronic service address, electronically serve the requesting party with any notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission. (Emergency Rule 12; C.C.P. § 1010.6(e).) Defendants have shown that they made such a request on 7/28/20. (Baghdassarian Decl., ¶ 6, Ex. F.) Yet Plaintiff's counsel admits that he has refused to electron...
2021.10.18 Demurrer, Motion to Strike 972
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.10.18
Excerpt: ...LC (“MIP”) on 4/30/21 as to the Third Amended Cross-Complaint (the “TAXC”) filed on 2/24/21by Cross-Complainants Leila, individually and derivatively on behalf of K&C, and Wagih; and (3) The Motion to Strike filed by Cross-Defendants Karame, MMI and MIP on 10/16/20, as to the TAXC. I. The Demurrer to the TAC The Chayas' Demurrer is OVERRULED. For the First Cause of Action (“COA”), the TAC now specifically alleges that Karame and MMI o...
2021.10.18 Demurrer 546
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.10.18
Excerpt: ... 2 Cal.4th 962, 966-967; Serrano v. Priest (1971) 5 Cal.3d 584, 591. “To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged.” C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872. Here, the SAC's allegations are sufficient to plead that Plaintiff's termination was substantially m...
2021.08.30 Motion for Summary Adjudication, for Summary Judgment, Adjudication 554
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.30
Excerpt: ... adjudication on its Fraud Cause of Action. But Sellers' Opposition reflects disputed issues of material fact with regard to the alleged misrepresentation, as Sellers assert that they believed that the statements made in their Seller Property Questionnaire were true when they made them. (UF 3.) Sellers also dispute Plaintiff's claim of justifiable reliance, as Plaintiff had received materials in a Preliminary Title Report which revealed the lien ...
2021.08.30 Motion for Leave to File FAC 703
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.30
Excerpt: ...irst, plaintiff has adequately complied with the procedural requirements for the motion under CRC 3.1324. Second, although the court can consider whether the 17200 claim is timely under the statute of limitations (see below), the statute for 17200 claims is four years (B&P section 17208) and it is not obvious to the court from the terms of the FAC that this statute has expired. Thus, the court opts to allow the defendants to test the 17200 claim'...
2021.08.30 Motion for Leave to File FAC 535
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.30
Excerpt: ...rovider, no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed. The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that...
2021.08.23 Demurrer 889
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.23
Excerpt: ... A judgment in that action will not affect the present lawsuit. Thus, C.C.P. § 430.10(c) is inapplicable. In addition, Defendant failed to show that there is a defect or misjoinder of parties such that C.C.P. § 430.10(d) would apply. There are no allegations that a necessary party is missing or that plaintiff or defendant are improperly joined. Thus, C.C.P. § 430.10(d) is inapplicable. There is also no evidence that Plaintiff has engaged in an...
2021.08.23 Demurrer 215
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.23
Excerpt: ...re granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695, internal citations and quotation marks omitted.) Also, “[a] demurrer for uncertainty shou...
2021.08.23 Motion to Stay Court Action and Compel Mediation and Binding Arbitration 676
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.23
Excerpt: ...d to mediation and binding arbitration with Plaintiffs pursuant to the Residential Purchase Agreement and Joint Escrow Instructions (“PSA Agreement”). (Complaint, Ex. A, at ¶22) There is no dispute that the mediation and arbitration provision in the PSA Agreement covers Plaintiffs' claims and was signed by Plaintiffs and Defendant. (Id.) Thus, the burden shifts to Plaintiffs to demonstrate the arbitration agreement is not enforceable. (Buckh...
2021.08.23 Motion for Summary Adjudication 582
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.23
Excerpt: ...alifornia law – instead it has claimed only that “in the interests of judicial economy and to focus and streamline this matter” it “will not seek to enforce the restrictive covenants” at issue. (Chang Decl., Ex. 2.) That concession does not render the Motion moot. Nor does the evidence reflect that the Illinois action has been dismissed with prejudice, or that Affinitiv has stipulated that the provisions at issue are invalid under Calif...
2021.08.23 Motion to Compel Arbitration 854
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.08.23
Excerpt: ...ants' evidence, Plaintiff concedes having signed the arbitration agreement and, in fact, authenticates a copy of the agreement himself. (¶21-¶22 of Dawson Declaration and Exhibit A thereto). Attached as Exhibit A to the Dawson Declaration is a “Dispute Resolution Agreement” wherein Plaintiff and Defendant Fletcher Jones Motor Cars, Inc. agreed “to utilize binding individual arbitration to resolve all disputes that might arise out of or be...
2021.07.26 Motion for Summary Adjudication 668
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.26
Excerpt: ...judgment must “show” that either one or more elements of the “cause of action … cannot be established”, or there is a complete defense to that cause of action. (CCP § 437c(p)(2).) Once defendants meet this burden, the burden shifts to plaintiff to prove the existence of a triable issue of fact regarding that element of its cause of action or that defense. If plaintiff is unable to do so, defendants are entitled to judgment as a matter ...
2021.07.26 Demurrer 098
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.26
Excerpt: ...ed as a cross-defendant. (See TACC at 1:8 and p.6 and CRC 2.112.) The moving brief does not cite to any recognized statutory basis for demurring to miscellaneous allegations within a pleading. (See Dmrr p. 1, Moving Mem. p. 3-4 and compare CCP 430.10 and CRC 3.1320(a), Pointe San Diego Residential Community, L.P. v. Procopio, Cory, Hargreaves & Savitch, LLP (2011) 195 Cal.App.4th 265, 274 (demurrer challenges a cause of action, not “portions”...
2021.07.12 Motion to Strike 990
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.12
Excerpt: ...o judicial notice. See, CCP § 437, subd. (a). There is no request for judicial notice. Thus, the facts contained in the Opposition and supporting documents are disregarded to the extent that they go beyond the four corners of the FAC. Punitive Damages Pursuant to Civil Code § 3294(a), a plaintiff may seek punitive damages for “oppression, fraud, or malice.” Civil Code §3294(c) defines “malice” as conduct which is intended to cause inju...
2021.07.12 Motion to Disqualify 454
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.12
Excerpt: ...�� produced, the record before the court does not establish that this disclosure was, or reasonably should have been, apparent to the attorney for Plaintiffs in the circumstances. This conclusion is based on many factors, including the very nature of the records requested in the subpoena (directly requesting the records produced), that the records were then released by a witness who is an attorney, that some information in the production reasonab...
2021.07.12 Motion for Terminating Sanctions 442
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.12
Excerpt: ...court order to provide discovery.” CCP § 2023.030 subdivisions (a)-(c) authorizes the court to impose monetary, issue, or evidentiary sanctions against anyone engaging in conduct that is a misuse of the discovery process. CCP § 2023.030 subdivision (d) permits the court to impose a terminating sanction. CCP § 2023.030 subdivision (e) provides, “The court may impose a contempt sanction by an order treating the misuse of the discovery proces...
2021.07.12 Demurrer, Motion to Strike 033
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.12
Excerpt: ... 2009, [defendant] promised [plaintiff], via e-mail and a telephone call, she would promptly prepare and deliver trust documents…”) and Tenet Healthsystem Desert, Inc. v. Blue Cross of California (2016) 245 Cal.App.4th 821, 838 (“Hospital has … clearly pled facts that show how the statements were made (directly to agents of Hospital through telephone calls and written letters faxed to Hospital)…”).) In other respects, the demurrer's a...
2021.06.14 Motion to Compel Arbitration 854
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.06.14
Excerpt: ...f. (¶21-¶22 of Dawson Declaration and Exhibit A thereto). Attached as Exhibit A to the Dawson Declaration is a “Dispute Resolution Agreement” wherein Plaintiff and Defendant Fletcher Jones Motor Cars, Inc. agreed “to utilize binding individual arbitration to resolve all disputes that might arise out of or be related in any way to [Plaintiff's] employment by the Dealership.” (See §1 of Exhibit A to the Dawson Declaration). Additionally,...
2021.06.14 Demurrer 946
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.06.14
Excerpt: ... To be sure, fraudulent intent must often be established by circumstantial evidence…. if plaintiff adduces no further evidence of fraudulent intent than proof of nonperformance of an oral promise, he will never reach a jury.” (Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30-31; see Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Assn. (2013) 55 Cal.4th 1169, 1183.) However, this is generally a matter of proof and evidence...

429 Results

Per page

Pages