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2024.05.13 Motion to Strike 587
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...tion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Code of Civil Procedure § 436. An “irrelevant matter,” or “immaterial allegation,” means: (1) an allegation that is not essential to the statement...
2024.05.13 Demurrer 782
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...parts in their context. If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. [¶] The courts of this state have long since depar ted from holding a plaintiff strictly to the form of action that has been pleaded and 5 instead have adopted the more flexible approach of examining the facts alleged to determine ...
2024.05.13 Demurrer 000
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...the grounds the Complaint fails to state facts sufficient to constitute a cause of action against Defendant and is “uncertain.” Defendant Endresen The Code provides that unless the grounds for a demurrer are distinctly specified, it may be disregarded. Code of Civil Procedure § 430.60. In the introduction to the points and authorities Defendants argue Endresen is not a proper party because there are no allegations he exceeded the scope of h...
2024.05.13 Motion for Summary Judgment, Adjudication 590
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...erits.” A ssociation of 36 Irritated Residents v. Department of Conservation (2017) 11 Cal. App. 5th 1202, 1218. “Res judicata, or claim preclusion, prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity wi th them.” Ibid. “[I]f a plaintiff prevails in an action, the cause is merged into the judgment and may not be asserted in a subsequent lawsuit; a judgment for the defendant ser...
2024.05.13 Discovery Motions 437
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...of $300 payabl e to Defendant no later than 30 days from the date of the service of notice of this order. California Rules of Court, rule 3.1348, subd. (a) [“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though . . . the requested discovery was provided to the moving party after the motion was filed.]. Moving Defendant to give notice. Motion to Compel Answers to Form Int...
2024.05.13 Motion for Summary Judgment, Adjudication 303
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...plaint -inInt ervention by Intervenor Applied Risk Services, Inc., which provided workers compensation insurance to Plaintiff's employer. The Court declines to consider the opposition filed by Defendant The Irvine Company LLC, because Defendant does not have standing t o oppose the motion under Code of Civil Procedure section 437c(p)(2), which provides that the burden shifts to “the plaintiff or crosscomplainant” in opposing a motion for sum...
2024.05.13 Motion for Summary Judgment, Adjudication 556
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...e evidenc e/objections before the Court as contained in the papers, the Court rules as follows on Defendant's Evidentiary Objections to Exhibit 2, excerpts from Plaintiff's deposition transcript: Objection Nos. 1 -5: Sustained. Objection No. 6: Sustained in part and Overruled in part. Sustained as to “Several times at the movie theater.” To the extent DOE 2 is answering the preceding question at p. 73:21 -24 “the only time you ever heard hi...
2024.05.06 Motion to Vacate 344
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...onsolidate for all p urposes Superior Court Case No. 30-2020 - 01171344- CU-OE -CJC and 30- 2022-01286992- CU-JR -CJC is CONTINUED to July 29, 2024, at 1:45 PM in Department C15. Request to Vacate ODA of Labor Commissioner: A trial court “may, on motion of either party after notice to the other party, set aside any void judgment or order.” Code of Civil Procedure, § 5 473(d). “A judgment can be void for lack of personal or subject matter j...
2024.05.06 Motion to Tax Costs 280
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...arges, the verifi ed memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. Ladas v. California State Auto. Ass'n. (1993) 19 Cal.App.4th 761, 774– 776; Jones v. Dumri chob (1998) 63 Cal.App.4th 1258, 1266. On the other hand, items which are properly objected to are put in issue, and the burden of proof is on the party claiming them as co...
2024.05.06 Motion to Seal 653
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...ed in court and us ed at trial or submitted as a basis for adjudication. Substantive courtroom proceedings in ordinary civil cases, and the transcripts and records pertaining to these proceedings, are presumptively open.” McNair v. National Collegiate Athletic Assn. (2015) 234 Cal.App.4th 25, 31; In re Marriage of Nicholas (2010) 186 Cal.App.4th 1566, 1575 [strong presumption of public access to court records]; California Rules of Court, rule 2...
2024.05.06 Motion for Leave to File Amended Complaint 087
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...ations about the curren t status of construction. The Association has submitted a copy of the proposed FASCC with the moving papers as Exhibit A and a redlined copy of the proposed FASCC as Exhibit 5 to the Declaration of Justin Nash. The Court may, in the furtherance of justic e, and on such terms as may be proper, allow amendment of a pleading at any time before or after commencement of trial. Code of Civil Procedure §§ 473(a)(1), 576.) In ad...
2024.05.06 Motion for Attorney Fees 104
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...ly rate.” PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095. “The reasonable hourly rate is that prevailing in the community for similar work. [Citation.] The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order t o fix the fee at the fair market value for the legal services provided.” Id. “As the plain wording of section 1794, subdivision (d) makes clear, the trial court is ‘t...
2024.04.29 Demurrer, Motion to Strike 623
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.29
Excerpt: ...RANTED. Timeliness Hunt opposes the demurrer on the grounds that it was not timely filed. Hunt served a copy of the summons and complaint on AVCA by substitute service on 06/06/2023, with a copy mailed on 06/12/2023. Accordingly, service was deemed completed on 06/22/2023. Cod e of Civil Procedure, § 415.20, subd. (a). The time for AVCA to demur expired 30 -days after service on 06/22/2023 which was a Saturday, therefore, AVCA had until 06/24/2...
2024.04.29 Motion to Compel Arbitration 470
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.29
Excerpt: ...pondent to ar bitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for rescission of the agreement. [¶] (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of...
2024.04.29 Motion to Compel Inspection 087
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.29
Excerpt: ... allowing the inspection. Thus, Plaintiff's objection on the grounds Defendant previously inspected the premises is overruled. Plaintiff's objection on the grounds the Demand seeks to inspect irrelevant portions of the premises is overruled. Discovery is permitted 11 where the information sought is itself admissible or is reasonably calculated to lead to the discovery of admissible evidence. Code of Civil Procedure, § 2017.010. Discovery is libe...
2024.04.22 Motion for Summary Judgment, Adjudication 634
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.22
Excerpt: ...le 3.1354, subdivision (b). Defendants' Evidentiary Objections to Plaintiff's Evidence Nos. 3, 4, 11 and 15 are OVERRULED. The court declines to rule on the remaining objections on the grounds that they are not material to the disposition of the Motion. Procedural defect: Defendants' separate statement is deficient as to the alternative motion for summary adjudication. On a motion for summary adjudication, the separate statement must tie each �...
2024.04.22 Demurrer, Motion to Strike, to Compel Further Responses 915
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.22
Excerpt: ...e statute of limitatio ns and Plaintiff is not entitled to the delayed discovery rule. Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. 6 “A plaintiff must bring a claim within the limitations period after accrual of the cause of action.” Fox v. Ethicon Endo -Surgery, Inc. (2005) 35 Cal. 4th 797, 806. “Generally speaking, a cause of action accrues at ‘the time when the cause of a...
2024.04.22 Demurrer, Motion for Summary Judgment, Adjudication 116
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.22
Excerpt: ... Hartwick D efendants' demurrer to the first cause of action for quiet title in the initial complaint with leave to amend on 06/16/2023. Plaintiffs filed the FAC on 06/26/2023. “A quiet title action seeks to declare the rights of the parties in realty.... The object o f the action is to finally settle and determine, as between the parties, all conflicting claims to the property in controversy, and to decree to each such interest or estate t...
2024.04.22 Motion to Quash Discovery Subpoena 921
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.22
Excerpt: ...nd Robert Cayton, also known as Orange County Superior Court Case Number 30 - 2012 - 00593016 -CUOE -CJC) ("Cayton Matter"). During the pendency of the Cayton Matter, but entirely unrelated to it, Plaintiff assisted the Chief Executive Officer of Defendant, Edward Clark ("Clark"), in a case involving the State Lands Commission. As a professional courtesy, any services Plaintiff provided to Clark related to Clark's case with th...
2024.04.15 Motion to Disqualify Attorney of Record 345
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.15
Excerpt: ...to control the conduct of its m inisterial officers and of all other persons connected with its proceedings in furtherance of justice.” Doe v. Yim (2020) 55 Cal.App.5th 573, 581. California Rules of Professional Conduct, Rule 1.9 provides in pertinent part: “(a) A lawyer who has formerl y represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interest...
2024.04.15 Motion to Compel Production 713
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.15
Excerpt: ...the lines of each page must be one and onehalf spaced or double spaced and numbered consecutively.” This discovery motion was continued from 3/18/2024 for additional meet -and -confer efforts. Plaintiff withdraws its Motion with respect to Request Nos. 7, 16, and 24 . (Witkow Decl., ¶ 4.) Defendant asserts supplemental responses were served to Request Nos. 4, 5, 6, 7, 16, 18, 19, 20, and 24, though there is no indication when. (Le Decl., ¶ 3....
2024.04.15 Motion to Compel Further Responses 913
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.15
Excerpt: ...der compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or th e required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. (b)(1) A motion under subdivision (a) shal...
2024.04.15 Demurrer to Amended Complaint 477
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.15
Excerpt: ...blic funds and , thus, does not eliminate the claim presentation requirement. Meet and Confer The Court finds Defendants adequately attempted to meet and confer with Plaintiff. Legal Standard “The party against whom a complaint or crosscomplaint has been filed may obje ct, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds … [¶] The pleading does not state facts sufficient to co...
2024.04.08 Demurrer 385
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.08
Excerpt: ...aintiff is overruled as the papers were received timely, though improperly served. Plaintiff Pam Ragland filed a Complaint against Defendant Jeralyn Hirst (Jerri Hirst) for: (1) Personal Injury; (2) Willful Misconduct; (3) Intentional Infliction of Emotional Distress : and (4) Negligent Infliction of Emotional Distress. On 5/4/23 Plaintiff filed a First Amended Complaint (FAC) to add a fifth cause of action for Negligence. Defendant demurs t...
2024.04.08 Motion to Compel Answers 758
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.08
Excerpt: ... to exercise t he option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010) . . . [¶] (b) The party propoun ding the interrogatories may move for an order compelling response to the interrogatories. Defendant properly served its Form Interrogatories (Set One) on Plaintiff on April 11,...
2024.04.08 Motion to Declare Vexatious Litigant 847
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.08
Excerpt: ...r in the la st seven years; (2) someone who “repeatedly relitigates or attempts to relitigate, in propria persona” matters that have been finally determined against him or her; (3) someone who "while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers . . . or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.” Code of Civil Procedure § 391(b). Code of ...
2024.04.08 Motion to Set Aside or Vacate Default 841
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.08
Excerpt: ...Plaintiff is self-represented. California Rules of Court, Rule 2.251(c)(3)(B) 6 provides that self - represented parties “are to be served by non -electronic methods unless they affirmatively consent to electronic service.” Code of Civil Procedure section 1010.6 provi des for electronic service of documents in cases filed on or after 1/1/19, but section 1010.6 subdivision (d)(4) states local rules requiring electronic filing and service mus...
2024.03.25 Motion to Strike 937
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.25
Excerpt: ...) Strike out any irrelevant, false, or improper matter inserted in any pleading (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Code of Civil Procedure, § 436. “[T]o establish the insurer's ‘bad faith' liability, the insured must show that the insurer has (1) withheld benefits due under the policy, and (2) that such withholding was �...
2024.03.25 Motion to Strike 623
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.25
Excerpt: ...on the grounds Plaintiffs have not sufficiently alleged facts to support a claim for punitive damages. Civil Code § 3294(a) provides for punitive damages “[i]n an action for breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the 28 defendant has been guilty of oppression, fraud, or malice. . .” Section 3294(c) defines malice, oppression and fraud as follows: “(1) “Malice” means ...
2024.03.25 Motion to Compel Production 124
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.25
Excerpt: ...urther responses which identify the documents responsive to each r equest. Thus, Defendant is compelled to provide further 26 responses to each request which identifies the documents responsive to each request. Defendant is also compelled to provide further responses to Requests Nos. 37 -41. These requests seek documents regarding repair codes. To the extent Plaintiff seeks only the two, twopage, pdf documents, Defendant is compelled to produce ...
2024.03.25 Motion for Protective Order 401
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.25
Excerpt: ...ne whether the plaintiff has shown good cause that the official has unique or superior personal knowledge of discoverable information. If not, as will presumably often be the case in the instance of a large national or international corporation, the trial court should issue the protective order and 24 first require the plaintiff to obtain the necessary discovery through less intrusive methods.” Liberty Mutual Insurance Company v. Superior Cour...
2024.03.25 Motion for Anti-SLAPP 960
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.25
Excerpt: ...otional distress. Code of Civil Procedure section 425.16 applies to any cause of action arisin g from an “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue.” Code Civ. Proc., § 425.16, subds. (b)(1), (e). Any such cause of action “shall be subject to a special motion to strike, unless the court determines that the plaintiff has established ...
2024.03.25 Demurrer 543
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.25
Excerpt: ...ns in Redlands, California.” (¶1 of SAC.) The Complaint asserts Plaintiff has standing to sue as an unincorporated association pursuant to Code of Civil Procedure section 369.5. (¶1 of SAC.) Pursuant to this provision, “[a] partnership or other unincorporated association, whether organized for profit or not, may sue and be sued in the name it has assumed or by which it is known.” Code Civ. Proc., §369.5, subd. (a). As discussed in Tenan...
2024.03.25 Application for Right to Attach Order, Writ of Attachment 162
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.25
Excerpt: ...cation, the court shall issue a right to attac h order if it finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued; (2) The plaintiff has established the probable validity of the claim upon which the attachment is based; (3) The attac hment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) The amount to be secured by th...
2024.03.18 Motion to Compel Responses, for Sanctions 253
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.18
Excerpt: ... by Plaintiff Yenely Lopez are MOOT in part and GRANTED in part. (1) Plai ntiff seeks an order from the Court compelling Defendant Home Express Delivery Service, LLC to provide further responses to Form Interrogatories -General, Set One. Additionally, Plaintiff seeks monetary sanctions against Defendant and its attorneys of reco rd, Shannon Finley, esq., Greg Feldman, Esq. and PETTIT KOHN jointly and severally in the sum of $2,060.00. (ROA No. 47...
2024.03.18 Motion to Compel Arbitration 379
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.18
Excerpt: ...th Edon who is a “Manager, HR Operations” for ELEVANCE “(f/k/ a Anthem, Inc.)” who attests as follows: --In her role as Manager, HR Operations, she is responsible for managing technology processes for all new hire activities from the verbal and written offer through their start date; --Throughout he employment and i ncluding 2022 to the present, ELEVANCE has utilized an online applicant tracking system called “Taleo” to facilitate emp...
2024.03.18 Application for Right to Attach Order, Writ of Attachment 329
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.18
Excerpt: ...Defendant Smith Investment Group, LLC. (¶4 of Yun Declaration and E xhibit 2 thereto.) The Commercial Guarantee is a written contract which provides that “Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower [Smith Investment Group, LLC] to Lender [F irst Bank].” (Id.) Based on the above, the relevant claim is a “claim for money based on a contract,” as required. C...
2024.03.11 Motion for Anti-SLAPP 111
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.11
Excerpt: ...1600873201) (“Underlying Case”); appellate opinions in Case Nos. G059087 and G05 9753; and the complaint in the related case (Case No. 2022 -01284907) is granted. 5 Movants move to strike Cross -Complainant Jennifer Loeffler's sole claim against them in her Cross- Complaint – the second cause of action for violations of the Fair Debt C ollection Practices Act (FDCPA). Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal....
2024.03.11 OSC Re Preliminary Injunction 635
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.11
Excerpt: ...heir agents, assigns, partners, employees, employers, and any individual or entity acting in concert with them from engaging acting in concert with them from engaging in the following is GRANTED: 23 1. Withdrawing, transferring, disposing, concealing and/or otherwise accessing any money in any bank or financial acco unt where any Plaintiff is identified as an account holder including checking accounts, savings accounts, money market accounts, C...
2024.03.04 Motion to Compel Arbitration 959
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.04
Excerpt: ... Instruments, Declaratory Relief, and Accou nting. Defendants' Request for Judicial Notice is GRANTED. Defendants move pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. section 2. The FAA provides: “A written provision in . . . a contract evidencing a transaction involving commerce to sett le by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, ...
2024.03.04 Motion to Compel Answers 995
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.04
Excerpt: ...bjection. Plaintiff argues he answered the question, implying the obj ections are irrelevant. But the responses are not complete. This interrogatory is straightforward and seeks how much income Plaintiff claims to have lost as of result of Defendant's actions. This response does not require an expert opinion. Plaintiff all eges he was not paid for overtime, meal or rest periods, etc. Plaintiff should know how many days he worked, how many hours p...
2024.03.04 Motion for Sanctions 831
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.04
Excerpt: ...n the basis the attached exhibits are not file -stamped. As these documents give no indication they were filed, it is unclear whether they constitute “court records” for purposes of Evidence Code section 452, subdivision (d). The remainder of the request is granted. Previously the Court sustaine d Defendants' Demurrer to the Complaint, without leave to amend. Therefore, Defendants' request for an order dismissing this action is MOOT. (ROA N...
2024.02.26 Motion to Dismiss 566
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.02.26
Excerpt: ...cial Council.” Id., § 583.410, subd. (b). A court may not dismiss an a ction under section 583.410, subdivision (a), unless the defendant was not served within two years after the action was commenced or the action was not brought to trial, or conditionally settled, within two years after commenced against the defendant. Cod e Civ. 6 Proc., § 583.240, subd. (a), California Rules of Court, rule 3.1340(a). The computation of time for the aforem...
2024.02.26 Motion to Compel Further Responses 253
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.02.26
Excerpt: ...overy responses. (See Oppositions: 4:2 -12 [ROA Nos. 73, 75 and 79] a nd ¶6 of Reynolds Declarations [ROA Nos. 85, 86 and 87].) Indeed, Plaintiff concedes Defendant's new counsel has “worked diligently in providing code compliant Responses.” (See Replies 2:6 -8 and 5:20 -21 [ROA Nos. 89, 91 and 93].) Nonetheless, dueling req uests for sanctions remain. Pursuant to Code of Civil Procedure section 2030.300, subdivision (d), “[t]he court shal...
2024.02.26 Motion for Summary Judgment, Adjudication 240
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.02.26
Excerpt: ... extent Cross -Complainant moves for summary adjudication, the Notice of Motion fai ls to comply with California Rules of Court, rule 3.1350, subdivision (b) which provides in pertinent part: “If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affir mative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion ...
2024.02.26 Motion for Sanctions 380
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.02.26
Excerpt: ...ffected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process…” the court may impose monetary, issue or evidentiary sanctions. CCP § 2030.290(c) provides: The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes ...
2024.02.26 Motion for Judgment on the Pleadings 614
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.02.26
Excerpt: ...v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999 [“A “presentation o f extrinsic evidence is...not proper on a motion for judgment on the pleadings.”] As to the 12th cause of action for Unfair Business Practices, the Court finds the cause of action is not sufficiently pled. Here, Plaintiff alleges that as a result of Defendant's discrimination and retaliation toward Plaintiff and his wrongful termination, which constitutes unfair a...
2024.02.05 Motion to Strike 111
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.02.05
Excerpt: ...lying Case”) is granted. The HOA moves to strike Cross- Complainant Jennier Loe¯ler's Þrst cause o action or breach o CC&Rs, third cause o action or violations o Rosenthal Fair Debt Collection Practices Act, and ourth cause o action or violations o the Consumer Credit Reporting Agencies Act in her Cross-Complaint (CC). Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: 5 “[W]e may summari...
2024.02.05 Motion for Summary Adjudication 087
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.02.05
Excerpt: ... granted if “it completely disposes of a cause of action, an a¯irmative defense, a claim for damages, or an issue of duty.” Code of Civil Procedure § 437c(f)(1).) As used in this section, a “cause of action” means the invasion of a primary right, i.e., an injury, rather than a theory of liability. Lilienthal & Fowler v. Superior Court (1993) 12 Cal.App.4th 1848, 1854. Defendant/Cross-Complainant Emerson Maintenance Corporation (the “...
2024.02.05 Motion for SLAPP 907
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.02.05
Excerpt: ...strike Plainti¯ Jennier Loe¯ler's Þrst cause o action or breach o CC&Rs and third cause o action or violations o Rosenthal Fair Debt Collection Practices Act in the First Amended Complaint (FAC). 12 Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: “[W]e may summarize a court's task in ruling on an anti-SLAPP motion to strike as ollows. Section 425.16, subdivision (b)(1) requires the court ...
2024.01.29 Demurrer 714
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.29
Excerpt: ...822, 830. “An oral contract may be pleaded generally as to its e¯ect, because it is rarely possible to allege the exact words.” Khoury v. Maly's of California (1993) 14 Cal.App.4th 612, 616. However, the burden of establishing an oral contract exists is on the party alleging breach. Sully v. Kern Drilling Corp. (1954) 126 Cal.App.2d 651, 654. Moreover, there cannot be both an express (written or oral) contract AND an implied contract that c...
2024.01.29 Motion to Compel Answers 763
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.29
Excerpt: ...ve a timely response, the following rules apply: [¶] (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010)…[¶] (b) The party propounding the interrogatories may move for an order compelling ...
2024.01.29 Motion for Summary Judgment, Adjudication 803
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.29
Excerpt: ...he basic elements of a negligence action are: (1) The defendant had a legal duty to conform to a standard of conduct to protect the plainti¯, (2) the defendant failed to meet this standard of conduct, (3) the defendant's failure was the proximate or legal cause of the resulting injury, and (4) the plainti¯ was damaged as a result of the breach. Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917; CACI 400. “Premises liability is a form o...
2024.01.29 Demurrer 831
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.29
Excerpt: ...aint) the Request is denied, on the basis the attached exhibits are not Þle-stamped. As these documents give no indication they were Þled, it is unclear whether they constitute “court records” for purposes of Evidence Code section 452, subdivision (d). The remainder of the request is granted. The doctrine of res judicata has two aspects: claim preclusion and collateral estoppel. People v. Barragan (2004) 32 Cal.4th 236, 252. “The prerequi...
2024.01.22 Motion to Compel Production 694
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.22
Excerpt: ...ohon to Compel Further Responses to Requests for Admission, Set One from Defendant Moulton Parkway Residents' Association No. One and Request for Sanctons is GRANTED. Plaintiffs Nikki Brunetti, Mireya Briseno, Yunue Sotelo, and Santiago Sotelo's Motion to Compel Further Responses to Requests for Production, Set One from Defendant Moulton Parkway Residents' Association No. One and Request for Sanctions is GRANTED. Plaintiff Nikki Brunetti's Motion...
2024.01.22 Motion for Discretionary Undertaking 280
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.22
Excerpt: ... 10-20-2023, which is attached as Exhibit A. Request for Judicial Notice as to Nos. 24 is also GRANTED. Appeals and Scope of Stay INC has appealed three rulings: 1) motion to compel satisfaction of judgment; 2) motion to assign interest in Inc's Florida judgment; and 3) motion to compel production of documents. Code of Civil Procedure S 915(a) creates an automatic stay when an appeal is filed. It provides in pertinent part: (a) [T] he perfecting ...
2024.01.08 Motion to Tax Costs 236
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.08
Excerpt: ...-2022. California Rules of Court, rule 3.1700(b)(1).) The Court finds this motion to be timely based on Defendant Elizabeth Torres' refiling of the Memorandum of Costs on 05-03-2023. CCP S 998 Reasonableness: Plaintiff contends Defendant's 998 offer was not reasonable because it was made only two months after Defendant answered the Complaint and before any discovery had commenced. "It is the general rule that where a party shows a prima facie ent...
2024.01.08 Motion for Terminating Sanctions 681
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.08
Excerpt: ...t is a misuse of the discovery process. Pursuant to section 2023.010(g), misuse of the discovery process includes the disobeying of a court order to respond to discovery. The failure to comply must be willful. R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495; Vallbona v. springer (1996) 43 cal.App.4th 1525, 1545; Biles v. Exxon Mobil corp. (2004) 124 cal.App.4th 1315, 1327. Here, on 01-30-2023, the Court ordered Defenda...
2024.01.08 Motion for Terminating Sanctions 299
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.08
Excerpt: ...onses without objections to Requests for Production, Form Interrogatories and Special Interrogatories, Sets One and to pay sanctions in the total amount of $1,800 to Defendant. Terminating Sanctions Defendant contends Plaintiff must be subject to terminating sanctions because she has "repeatedly and willfully abused the discovery process" by failing to respond to OCTA's discovery and failing to comply with the Court's 09-18-2023 order. 12 Disobey...
2024.01.08 Motion for Summary Judgment, Adjudication 240
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.08
Excerpt: ...the hearing. As the hearing is 1/8/2024, the reply papers are late. Code of Civil Procedure 12c. Similarly, Santa Mix's Response (ROA 388) to plaintff's statement of undisputed facts was filed on 01/4/2024 at 10:43 AM. In addition to being late, the summary judgment statute does not provide for a Reply Separate Statement, nor are exhibits and evidence in support of reply papers generally allowed. Nazir v. United Airlines, Inc. (2009) 178 Cal. App...
2024.01.08 Motion for Leave to Amend Answer 921
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.08
Excerpt: ...ge the time for answer or demurrer." Code of Civil Procedure S 473(a)(1). "The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code." Code Civ. Proc. S 473(a)(1). Additionally, any judge, at any time before or after commencement of trial, ...
2024.01.08 Motion for Anti-SLAPP 299
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.08
Excerpt: ...an anti-SLAPP motion to strike as follows. Section 425.16, subdivision requires the court to engage in a two-step process. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. The moving defendant's burden is to demonstrate that the act or acts of which the plaintiff complains were taken 'in furtherance osf the [defendant]'s right of petition or fre...
2024.01.08 Demurrer to Complaint 277
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.08
Excerpt: ...ions will not lie where the action may be, but is not necessarily, barred. In order for the bar to be raised by demurrer, the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows that the action may be barred. (Geneva Towers Ltd. Partnership v. City and County of San Francisco (2009) 29 Cal 4 th 769, 781... )" Committee for Green Foothills v. Santa Clara Board of Supervisors (2010) 4...
2024.01.08 Application for Right to Attach Order, Writ of Attachment 162
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.01.08
Excerpt: ...n lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Secton 416.10, 416.20, 416.30, 21 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post offce box, with the person who is apparently in ...
2023.12.11 Application for Right to Attach Order, Writ of Attachment 329
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.12.11
Excerpt: ...O") and writ of attachment by filing an application with the court in which the action is brought. Code Civ. Proc. S 484.010. In the discretion of the court, the amount to be secured by the attachment may include estimated costs and allowable attornevs fees. Code Civ. Proc. SS 482.110 & 483.015. The court may only issue a RTAO if it finds the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued...
2023.12.11 Motion for Summary Adjudication 783
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.12.11
Excerpt: ...for Damages is GRANTED in part and DENIED in part. Defendant has agreed to withdraw its Second, Fourth, Twelfth, Thirteenth, Fifteenth, Twentieth, and Twenty-Third affrmative defenses. Therefore, 30 the Motion is GRANTED as to Issue numbers One through Six and Eight which address these affirmative defenses. The only remaining affirmative defense is the Twenty -First affirmative defense (Issue Seven). Pursuant to Code of Civil Procedure section 43...
2023.12.11 Motions to Quash Service of Summons 840
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.12.11
Excerpt: ...nd James Park are GRANTED. 18 Defendants' objections to the Declaration of Hyuck Kim are overruled. Legal Standard On a motion to quash for lack of personal jurisdiction, the plaintiff bears the burden of establishing by a preponderance of the evidence that the defendant has such "minimum contacts" with the forum state such that being subjected to its jurisdiction will not offend traditional notions of fair play. Epic Communications, Inc. v. Rich...
2023.12.11 Motion for Attorney Fees 839
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.12.11
Excerpt: ...revails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action." Civil Code S 1794(d). "'The plain wording of the statute requires the trial cou...
2023.12.04 Motion to Expunge Mechanics Lien 240
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.12.04
Excerpt: ...pliance with Business & Professions Code section 7068(b)(3). Under the Contractor State License Law, "a contractor may not maintain any action, legal or equitable, to recover compensation for the 'performance of any act or contract' unless the contractor was duly licensed 'at all times during the performance of that act or contract.'" Vascos Excavation Grp. LLC v. Gold (2022) 87 Cal.App.5th 842, 850 (Vascos). A corporation like Icon may qualify f...
2023.12.04 Motion to Consolidate 136
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.12.04
Excerpt: ...nd consolidation is proper because this achon and the UD action involve the same parties; the parties are represented by the same legal counsel in both actions; inwlve claims related to the same real property located at 4 San Sebastian, Newport Beach, California ("Property"); concern the same agreements, i.e„ the Lease Agreement, the Residential Purchase Agreement, and the Option to Buy Agreement; and consolidation will promote cost savings and...
2023.12.04 Motion to Compel Production, for Sanctions 783
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.12.04
Excerpt: ...tial Withdrawal filed on 11/29/23 states the motion is withdrawn as to RFPs4, 6, 13, 37, 38, 46, 48-51, and 55-58. Plaintiff states the following RFPs remain at issue: 1-3, 5, 7-12, 14-17, 19, 20, 22, and 27-36. Based on the Opposition and Notice of Partial Withdrawal, it is unclear which RFPs remain in dispute. Therefore, the parties are ordered to further meet and confer to clarify and narrow the issues for the Court. Defendant shall diligently...
2023.12.04 Motion to be Relieved as Counsel, Compel Answers 312
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.12.04
Excerpt: ...he notce of moton and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail." If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and Rule 2.251, Rule 3.1362(d) requires Moving Counsel to submit a declaration stating that the electronic service addres...
2023.12.04 Motion for Summary Judgment, Adjudication 389
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.12.04
Excerpt: ...to the Court's ruling. Defendants' moton for summary judgment, or in the alternative summary adjudication, to Plaintiff Marvin Diaz Rivas' Complaint asserts: 1. There is no evidence any Intelligrated product at Tilly's warehouse had any manufacturing defect, and therefore summary judgment should be granted as to all claims in Plaintiff's Complaint premised on alleged manufacturing defects. 2. There is no evidence any Intelligrated product at Till...
2023.12.04 Motion for Summary Judgment 155
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.12.04
Excerpt: ...rt of or in opposition to the motion." l. In support of its motion for summary judgment, Plaintiff submitted evidence of the following material facts: • On June 3, 2022, Defendants executed and delivered to Plaintiff a settlement agreement whereby they agreed to pay $110K to Plaintiff in exchange for a release of claims against them regarding a failure to repay loan no. 484-50178-1 between the parties. A copy of the settlement agreement is atta...
2023.12.04 Demurrer to Petition for Writ of Mandate 243
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.12.04
Excerpt: ...2024" (Reply 6:1-7:12 and attached text at Exhibit "B") is GRANTED on the grounds that it is new matter not raised in the moving papers. San Diego Watercrafts, Inc. v. Wells Fargo Bank (2002) 102 Cal.App.4th 308, 315. Respondent challenges the Petition on the grounds Petitioner cannot identify a mandatory duty of the Sheriff to issue a Concealed Carry Weapon ("CCW") license. Code of Civil Procedure section 1085, subdivision (a), provides: "A writ...
2023.11.20 Demurrer, Motion to Strike 623
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.20
Excerpt: ...ce and Nicole Lawrence are OVERRULED in part and 39 SUSTAINED in part with 20 -days leave to amend. Alternative Dispute Resolution Prerequisite to Civil Action : Defendants challenge the Complaint on the grounds that Plaintiffs failed to comply with the alternative dispute resolution prerequisite to a civil achon under Civil Code section 5930. Civil Code secton 5930 provides in pertinent part: "(a) An association or a member may not file an enfor...
2023.11.20 Demurrer 027
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.20
Excerpt: ...e of action for intentional infliction of emotional distress are: "(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintff suffered severe emotional distress; and (3) the defendant's extreme and outrageous conduct was the actual and proximate cause of the 35 severe emotional distress. " Crouch v. Trinity Christian Center of Santa A...
2023.11.20 Demurrer 301
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.20
Excerpt: ...th not only of all facts 29 properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.)" City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substant...
2023.11.20 Motion to Compel Further Responses, for Production 614
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.20
Excerpt: ...arty may move for an order compelling a further response if the party deems that any of the following apply: [9] (1) An answer to a particular interrogatory is evasive or incomplete. [q] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [q] (3) An objection to an interrogatory is without merit or too general. (b)(l) A motion under subdivision (a...
2023.11.20 Motion for Anti-SLAPP 481
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.20
Excerpt: ...nd best evidence rule. Objection No. 7 is a duplicate of No. 6. There is no objection No. 1. Code of Civil Procedure S 425.16 provides: "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the united States Constitution or the California Constitution in connection with a public issue shall be subject 5 to a special motion to strike, unless the court determine...
2023.11.20 Motion to Strike 681
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.20
Excerpt: ...her for legal services" for lack of personal knowledge and OVERRULED as to the remainder of the paragraph. Defendant's Objections No. 2 is SUSTAINED based on lack of personal knowledge. Defendant's Objection No. 3 is SUSTAINED based on Evidence Code S 356. Defendant's Objection No. 4 is OVERRULED. 10 Defendant's Objection No. 5 is SUSTAINED based on lack of personal knowledge. Defendant's Objection No. 6 is OVERRULED. Defendant's Objection No. 7 ...
2023.11.20 Motion for Assignment Order 280
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.20
Excerpt: ...ourt, Southern District of Florida, Case No. 18 -61907 -CIV ("Florida Judgment"). Defendants ROI Property Management Group, LLC and ROI Property Group 2, LLC seek an assignment to ROI of all or part of a right to payment on the Florida Judgment pursuant to Code of Civil Procedure S 708.510. An assignment order is a court order assigning to the judgment creditor the debtor's right to payments due from a third person. It is authorized by Code of Ci...
2023.11.13 OSC Re Preliminary Injunction 560
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.13
Excerpt: ...ate Farm Mutual Automobile Company (2012) 211 Cal. App. 4th 1, 8—9. The Court GRANTS Plaintiffs' Request for Judicial Notice. The Court denies the request for oral testimony. California Rules of Court, rule 3.1306(b). Code of Civil Procedure secton 526, subdivision (a)(2), states, "(a) An injunction may be granted in the followng cases: "(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief,...
2023.11.13 Motion to Stay Proceedings 653
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.13
Excerpt: ...Network, LLC and Platinum Properties Investor Network, Inc. (Platinum) moves for an order staying prosecution of Crosscomplainants ROI Property Group Management, LLC and ROI Property Group 2, LLC (ROI)'s First Amended Cross-complaint. Platinum first argues prosecution of ROI's FACC should be stayed until the Court issues an interlocutory order determining Plaintiff American First Credit Union has the right to interplead funds. On 10-20-2023, the ...
2023.11.13 Demurrer 713
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.13
Excerpt: ...p.4th 1, 5-6. General averments the defendants violated the contract are insuffcient and the complaint must allege facts demonstrating breach. ld. Here, the allegations in the first cause of action arise out of the alleged breach of a Digital Services Agreement. (Exhibit A to FACC) Cross-Defendants allege the demurrer should be sustained because the FACC does not allege what specific provisions of the Agreement were breached. For example, the FAC...
2023.11.06 Motion for Summary Judgment, Adjudication 537
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.06
Excerpt: ... no triable issue of material fact and that he is entitled to judgment as a matter of law.... There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the moton in accordance with the applicable standard of prtnf.... Thus, a plaintiff [moving for summary judgment] bears the burden of persuasion that "each element of" the "cause of acti...
2023.11.06 Demurrer, Motion to Strike 540
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.06
Excerpt: ...t but for Defendants' misconduct, Plaintiff would have obtained a more favorable result. "To prevail in a legal malpractice action, "[s]imply showing the attorney erred is not enough." [citationl The plaintiff must also establish that but for the alleged malpractice, settlement of the underlying lawsuit would have resulted in a better outcome." Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 156. Here, the Complaint alleges Defendants engaged in...
2023.11.06 Demurrer, Motion to Strike 601
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.06
Excerpt: ...hout costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issues of law thereon..." Additionally, the failure to oppose the Demurrer may be construed as having abandoned the claims. Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 ["Plaintiffs did not oppose the County's demurrer to this portion of their seventh cause of achon and have submitted no argument on the issue in their briefs ...
2023.11.06 Motion for Summary Judgment, Adjudication 539
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.06
Excerpt: ...on or proceeding. Code of Civil Procedure S 437c(a)(1). For purposes of summary judgment, a defendant has met fts burden of showing that a cause of action has no merit if the party has shown that one 35 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. Code Civ. Proc. S 437c(p)(2). Once the defendant has met that burden, the burden shifts to ...
2023.11.06 Motion for Terminating Sanctions 534
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.06
Excerpt: ...when the trial court concludes that lesser sanctions would not bring about the compliance of 22 the offending party." R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 496. "The discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination. 'Discovery sanctions "should be appropriate to the dereliction, and should not exceed tha...
2023.11.06 Motion to Compel Arbitration 643
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.11.06
Excerpt: ... process by which the parties agree to submit their dispute to binding resolution by one or more impartial third persons. Herman Feil, Inc. v. Design Center of Los Angeles (1988) 204 cal.App.3d 1405, 1414; Air Line Pilots Association v. Miller (1988) 523 U.S. 866, 876. Both state and federal law provide for enforcement of arbitration agreements. Code of 19 Civil Prc„cedure SS 1280 et seq.; 9 U.S.C. SS 1 et seq. While there is a policy in favor ...
2023.10.23 Motion for Summary Judgment, Adjudication 231
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.23
Excerpt: ...es of action: (1) Intentional Interference with Prospective Economic Relations (By All Cross-complainants Against Cross-Defendants Debra Scalice, David Tsai, Michael Tsai, David Jeranko); (2) Negligent Interference with Prospective Economic Relations (By All Cross-complainants Against CrossDefendants Debra Scalice, David Tsai, Michael Tsai, David Jeranko); (3) Interference with Contractual Relations (By All Cross-complainants Against Cross-Defend...
2023.10.23 Motion for Summary Judgment, Adjudication 044
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.23
Excerpt: ...tract in the First Amended Cross-complaint (FACC) and granted as to the second cause of action for bad faith in the FACC. Plaintiff's request for judicial notice of documents filed in the County Recorder's Office and this Court is granted. The request for judicial notice of such documents by Defendants/crosscomplainants Asset Development, LLC (AD) and Lunar Maria Operations, Inc. (LM) (collectively "Defendants") is also granted. 25 Defendants' ob...
2023.10.23 Motion for Limited Relief from Discovery Stay 111
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.23
Excerpt: ...stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for cause shown, may order that specified discovery be conducted notwithstanding this subdivision." "If the plaintiff makes a timely and proper show-ng in response to the motion to strike, that a defendant or witness possesses evidence needed by plaintiff to establish a prima facie case, the plaintiff must be given th...
2023.10.23 Motion for Discovery Sanctions 280
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.23
Excerpt: ...ion. INC'S Evidentiary Objections are OVERRRULED as to Objection Nos. 1-6. On February 3, 2022, the Court granted ROI's Motion to Compel Responses to Post-Judgment Requests for Production of Documents, Set One, and ordered INC to documents and provide responses without objections by February 14, 2022. (ROA 615.) INC served its responses to the request on February 28, 2022, and supplemental responses on March 21, 2022. ROI brought a second motion ...
2023.10.23 Motion for Attorney Fees 087
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.23
Excerpt: ...te Finnegan is the prevailing party and entitled to attorney fees. Plaintiff only disputes the amount of attorneys' fees requested. When authorized by contract, statute or law reasonable attorney fees are "allowable costs." Code of Civil Procedure S 1033.5(a)(10)(A), (8) & (C); Santisas v. Goodin (1998) 17 cal.4th 599, 606; Pacific custom Pools, Inc. v. Turner const. co. (20C0) 79 cal.App.4th 1254, 1268; Harris v. Wachovia Mortgage, FSB (2010) 18...
2023.10.23 Demurrer 540
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.23
Excerpt: ...t but for Defendants' 5 misconduct, Plaintiff would have obtained a more favorable result. "To prevail in a legal malpractice action, "[s]imply showing the attorney erred is not enough." [citationl The plaintiff must also establish that but for the alleged malpractice, settlement of the underlying lawsuit would have resulted in a better outcome." Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 156. Here, the Complaint alleges Defendants engaged ...
2023.10.16 Motion to Compel Responses, to Deem RFAs Admitted 868
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.16
Excerpt: ...ponse, the following rules apply: (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the follo...
2023.10.16 Motion to Compel Responses 701
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.16
Excerpt: ...hom the interrogatories are directed waives any right to exercise the option to writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege 29 or on the protection for work product under Chapter 4 (commencing with Secton (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories. [q] (c) The court shall impose a monetary sanction under Chapt...
2023.10.16 Demurrer to Complaint 789
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2023.10.16
Excerpt: ...l issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.)" City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegat...

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