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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 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...
2024.01.29 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 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...
2024.01.22 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 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 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 ...
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 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 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 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 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...
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 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 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...
2023.12.11 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...
2023.12.04 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...

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