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2022.09.19 Motion to Quash Records Subpoena 637
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.09.19
Excerpt: ...priate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” Code of Civil Procedure §1987.1. The court, upon motion reasonably made by the party, may rule upon motions for quashing, modifying or compelling compliance with subpoenas. Lee v. Swansboro Country Property Owners Ass'n (2007) 151 Cal.App.4th 575, 582-583. The party asserting a privacy interest bears t...
2022.09.19 Demurrer to Petition 069
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.09.19
Excerpt: ...ds: “Whenever possible, labor disputes asserting unfair labor practices under the MMBA should be submitted first to PERB rather than a court. If an exception to the doctrine of exhaustion of administrative remedies is claimed, the trial court should afford due deference to PERB and issue injunctive relief only when it is clearly shown that PERB's remedy would be inadequate.” Government Code section 3509(b) reads in part, “A complaint allegi...
2022.09.19 Demurrer 429
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.09.19
Excerpt: ...omplaint. [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 substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provi...
2022.09.19 Motion to Compel Deposition 326
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.09.19
Excerpt: ...f Civil Procedure section 1987.1 states, in part, “(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to b...
2022.09.19 Motion for Preliminary Injunction 668
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.09.19
Excerpt: ...22 City filed its Supplemental Brief in support of Motion (Supp Brief). On 9-6-22, CNLM filed its Supplemental Opposition to Motion (Supp Opp.). On 9-9-22, City Filed its Supplemental Reply in Support of Motion (Supp. Reply). Evidentiary Objections Objections to Declaration of Ed Pert Overruled: 1 Sustained in Part: 2 Objections to Declaration of Deborah Rogers Overruled: 1, 3, 4, 5, 6, 7 Sustained: 2 Merits Application of Public Resources Code s...
2022.09.19 Motion for Sanctions 202
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.09.19
Excerpt: ...orizes sanctions “…sufficient to deter repetition of this conduct or comparable conduct by others similarly situated. Subject to the limitations in paragraphs (1) and (2), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney's fees and ...
2022.09.12 Motion to Quash 065
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.09.12
Excerpt: ...roceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly….” Code Civ. Proc., § 474. A plaintiff must substitute in the name of the Doe defendant when the plaintiff learns the individual's name and the facts giving rise to liability. Optical Surplus v. Superior Court (1991) 228 Cal.App.3d 776, 783-784 [recognizing that a plaintiff's earlier knowledge of the facts giving rise to his or...
2022.09.12 Motion to Enforce Settlement 748
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.09.12
Excerpt: ...tside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Code Civ. Proc., § 664.6. The court must determine whether the settlement agreement is valid ...
2022.09.12 Motion to Compel Deposition 673
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.09.12
Excerpt: ... Defendant's Objection to Exhibits 1 and 2 attached to the Reply is GRANTED. Defendant moves pursuant to Code of Civil Procedure Section 2025.480. Code of Civil Procedure Section 2025.480 states in pertinent part: “(a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the par...
2022.09.12 Motion for Summary Judgment, Adjudication 810
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.09.12
Excerpt: ...t and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.” (Emphasis supplied.) Defendant's evidentiary objections Nos. 1, 2, 6, 7, 8, 15, 18, 23, 24, 25, 27, 28, 29, 30, 31, are OVERRULED and Nos. 3, 4, 5, 9, 10, 11, 12, 13, 14, 16, 17, 19, 20, 21, 22, 26, 30, 32 are SUSTAINED. Code of Civil Procedure section 437c, subdivision (p)(2) provides, “A defendant . . . has met his or her burden of showi...
2022.09.12 Demurrer 153
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.09.12
Excerpt: ... 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.4 th 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 substantial justi...
2022.08.29 Motion for Attorney Fees 864
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.29
Excerpt: ...the invoices of Cross-Defendants' counsel, which are not the proper subject of judicial notice. Although the Court declines to take judicial notice of the billing invoices, the Court will consider the invoices as evidence supporting the motion, because Cross-Defendants' counsel has submitted a declaration laying foundation for the invoices. Therefore, Cross- Complainant's objection to Exhibit C is overruled. The Cross-Complaint was an “Action o...
2022.08.29 Demurrer 373
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.29
Excerpt: ...tting causes of action; (3) there is a misjoinder of parties; (4) the Cross-Complaint fails to state facts sufficient to constitute a cause of action Code Civ. Proc. §430.10(e); and (4) because the Cross-Complaint is uncertain Code Civ. Proc. §430.10(f). Code Civ. Proc. § 430.10 provides: “The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on a...
2022.08.29 Motion for Summary Judgment, Adjudication 997
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.29
Excerpt: ...cause of action if that party has shown that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. [Citation.] If the defendant does so, the burden shifts back to the plaintiff to show that a triable issue of fact exists as to that cause of action or defense… A triable issue of material fact exists ‘if, and only if, the evidence would allow a reasonable trier of fact to ...
2022.08.29 Motion to Strike 694
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.29
Excerpt: ...n, and upon terms it deems proper: (a) 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.” The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” Code Civ. Pro...
2022.08.29 Motion for Summary Judgment, Adjudication 610
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.29
Excerpt: ...o declaration of plaintiff Amanda Barnard Stoddard are OVERRULED in their entirety. KA's Objections to Declaration of Tionna Dolin are SUSTAINED in their entirety. Plaintiff's Objections to Declaration of Mandyjay Lewis are OVERRULED in their entirety. Procedural defect: Plaintiff opposes the Motion on the grounds that KA's alternative Motion for Summary Adjudication is procedurally defective because the Notice of Motion fails to comply with Cali...
2022.08.22 Motion to Quash 662
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.22
Excerpt: ...nditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” Code Civil Procedure § 1987.1. The court, upon motion reasonably made by the party, may rule upon motions for quashing, modifying or compelling compliance with subpoenas. Lee...
2022.08.22 Motion to Correct Clerical Error 441
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.22
Excerpt: ...n its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” “It is elementary that ‘[a] court can always correct a clerical, as distinguished from a judicial error which appears on the face of a decree by a nunc pro tunc order. [Citation.]'” Bell v. Farmers Ins. Exchange (2006) 135 Cal.App.4th 1138, 1144....
2022.08.22 Motion to Compel Responses 549
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.22
Excerpt: ...all answer the substance of the requested admission, or set forth an objection to the particular request.” Code of Civil Procedure section 2033.220 states in part, “(a) Each answer in a response to requests for admission shall be as complete and straightforward as the information reasonably available to the responding party permits. (b) Each answer shall: (1) Admit so much of the matter involved in the request as is true, either as expressed ...
2022.08.22 Motion to Compel Production 866
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.22
Excerpt: ...-executing discovery system when it requires the trial court to become involved in discovery because a dispute leads a party to move for an order compelling [compliance with a discovery mechanism].” Clement v. Alegre, (2009) 177 Cal.App.4th 1277, 1291. “Unless otherwise limited by order of the court . . . any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved . . . if the matter ei...
2022.08.22 Motion to Compel Arbitration 012
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.22
Excerpt: ...te which shows the California Franchise Tax Board has suspended defendant G Force. (Thaler Decl. in Support of Supplemental Opp., ¶ 3, Ex. 1.) Revenue and Taxation Code “Section 23301 provides, in relevant part, ‘the corporate powers, rights and privileges of a domestic taxpayer may be suspended' if it does not pay its taxes. The suspension of the corporate powers, rights, and privileges means a suspended corporation cannot sue or defend a l...
2022.08.22 Motion for Bifurcation 607
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.22
Excerpt: ...ial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The court, on its own motion, may make such an order at any time.” “The major objective of bifu...
2022.08.22 Demurrer 581
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.22
Excerpt: ...r is an objection to a pleading, the grounds for which are apparent from either the face of the complaint or a matter of which the court may take judicial notice. Code of Civil Procedure § 430.30, subd. (a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318. Additionally, a defendant may demur on the grounds the pleading is uncertain. Code Civ. Proc., § 430.30, subd. (f). The purpose of a demurrer is to challenge the sufficiency of a pleading “by rai...
2022.08.15 Motion for Leave to File Complaint 344
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.15
Excerpt: ...t such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.” (Emphasis supplied.) Code Civ. Proc. § 428.50 pro...
2022.08.15 Demurrer 301
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.15
Excerpt: ...not the evidence or the facts alleged. . . . To the extent there are factual 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.4 th 445, 459. Unruh-Haxton v. Regents of Univ. of California (2008) 162...
2022.08.15 Demurrer to SAC, Motion to Strike 668
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.15
Excerpt: ... Blank v. Kirwan (1985) 39 Cal.3d 311, 318. Additionally, a defendant may demurrer on the grounds that the pleading is uncertain. Code Civ. Proc., § 430.30, subd. (f). The purpose of a demurrer is to challenge the sufficiency of a pleading “by raising questions of law.” Postley v. Harvey (1984) 153 Cal.App.3d 280, 286. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conc...
2022.08.15 Motion to Set Aside or Vacate Summary Judgment 627
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.15
Excerpt: ...ourt may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. 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 b...
2022.08.15 Motion to Compel Depositions 927
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.15
Excerpt: ..., jointly and severally, against Plaintiff and Counsel. The portion of the Motion which seeks an order compelling production is DENIED, however, as Defendant failed to demonstrate “good cause” for the same. C.C.P. §2025.410(b)(1). Pursuant to Code of Civil Procedure §2025.450(a), “[i]f, after service of a deposition notice, a party to the action…without having served a valid objection under Section 2025.410, fails to appear for examinat...
2022.08.15 Motion to Tax Costs 224
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.15
Excerpt: ...il action. [Citation.]' [Citation.] An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nevertheless be recoverable in the discretion of the court if ‘reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.' [Citation.] [¶] If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs ...
2022.08.15 Motion to Strike Answer, for Summary Judgment, Adjudication 268
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.15
Excerpt: ...v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145 (“CLD”). An unrepresented corporation's pleadings are subject to a motion to strike. Id., at 1145-1146. A court may permit an attorney representing a corporation to withdraw, leaving the corporation unrepresented, but should warn the corporation of the consequences of remaining unrepresented and give it an opportunity to cure. Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1283-1284 fn. 5...
2022.08.08 Motion to Set Aside or Vacate Judgment 652
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.08
Excerpt: .... Thus, Defendants' motion is timely. In Levine v. Smith (2006) 145 Cal.App.4th 1131, the court stated: “Statements of damages are used only in personal injury and wrongful death.... In all other cases, when recovering damages in a default judgment, plaintiff is limited to the damages specified in the complaint. (Citation omitted.)” Id., at 1136-1137. A default judgment in excess of the amount specifically demanded in the complaint is void as...
2022.08.08 Motion to Disqualify Attorney of Record 174
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.08
Excerpt: ...connected with a judicial proceeding before it, in every matter pertaining thereto.' [Citations.]” People ex rel. Dept. of Corporations v. SpeeDee Oil Change System, Inc. (1999) 20 Cal.4th 1135, 1145. “A court may disqualify an attorney upon ‘“a showing that disqualification is required under professional standards governing avoidance of conflicts of interest or potential adverse use of confidential information.”' [Citation]” Havasu L...
2022.08.08 Motion to Amend Judgment to Add Additional Judgment Debtor 590
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.08
Excerpt: ... WCP IIA, WCP IIB, collectively, “WCP Entities”) for an Award of Attorneys' Fees in the amount of $4,430,905.50 and Non-statutory Costs in the amount of $32,518.47, for a total of $4,463,423.97, against plaintiff Stars and Bars, LLC (“S&B”) is CONTINUED to November 7, 2022, at 1:45 PM in C15.. Entitlement to attorneys' fees and non-statutory costs: Code of Civil Procedure section 1033.5, subdivision (a)(10) authorizes the recovery of atto...
2022.08.08 Motion for Summary Judgment, Adjudication 101
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.08
Excerpt: ...0, which included the following affirmative defenses: Failure to State a Cause of Action (First Affirmative Defense); Non-Existent or Limited Contractual Obligations (Seventh Affirmative Defense); and No Duty Owed (Fifteenth Affirmative Defense). The Court grants Wave's request for judicial notice. The existence and legal significance of these documents are proper matters for judicial notice. Evidence Code § 452, subd. (d), (h). Compliance with ...
2022.08.08 Motion for Summary Adjudication, to Continue Trial 856
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.08
Excerpt: ...: “Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.” The Court SUSTAINS Defendants' Objections Nos. 5, 27, and 28. The Court OVERRULES Defendants' Objection No. 4. The Court ...
2022.08.08 Demurrer, Motion to Strike 090
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.08
Excerpt: ...4th/15th, and 17th-20th causes of action. Therefore, the Court will do the same. Third and Fourth COAs – Quantum Meruit “A quantum meruit or quasi-contractual recovery rests upon the equitable theory that a contract to pay for services rendered is implied by law for reasons of justice.” Hedging Concepts, Inc. v. First Alliance Mortgage Co. (1996) 41 Cal.App.4th 1410, 1419 “The requisite elements of quantum meruit are (1) the plaintiff act...
2022.08.01 Demurrer to Complaint 826
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...ode Civ. Proc., § 430.30, subd. (f).) The purpose of a demurrer is to challenge the sufficiency of a pleading “by raising questions of law.” Postley v. Harvey (1984) 153 Cal.App.3d 280, 286. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . .” Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525. “In the construction of a pleading, for the p...
2022.08.01 Demurrer to Amended Complaint 073
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...ynch, 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 substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4th 1228, 1238, provides, “This rule of liberal construction means that the r...
2022.08.01 Demurrer to Amended Complaint 089
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...acts 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 substantial justice between the parties.” Perez v. Golden Empire...
2022.08.01 Motion to Strike Complaint 373
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ... court has discretion to refuse to consider late-filed papers without a showing of good cause. Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 623, disapproved on other grounds in Colmenares v. Braemar Country Club, Inc. (2003) 29 Cal. 4th 1019, 1031; see also Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 765 [“A trial court has broad discretion under rule 3.1300(d) of the California Rules of Court to refuse to consider papers served ...
2022.08.01 Motion for Attorney Fees 390
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...ncement and prosecution of such action.” Civil Code, § 1794, subd. (d). “A trial court assessing attorney fees begins with a touchstone or lodestar figure, based on the ‘careful compilation of the time spent and reasonable hourly compensation of each attorney ... involved in the presentation of the case.” Christian Research Inst. v. Alnor (2008) 165 Cal.App.4th 1315, 1321. The Court “need not simply award the sum requested. To the cont...
2022.08.01 Motion for Attorney Fees 570
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...and how to allocate attorney fees. [Citation.] They may agree the prevailing party will be awarded all the attorney fees incurred in any litigation between them, limit the recovery of fees only to claims arising from certain transactions or events, or award them only on certain types of claims… [¶] To ensure mutuality of remedy, however, section 1717 makes an attorney fee provision reciprocal even if it would otherwise be unilateral either by ...
2022.08.01 Motions to Compel Deposition 326
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...nically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall...
2022.08.01 OSC Re Preliminary Injunction 035
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.08.01
Excerpt: ...ing waste to the real property assets purchased with Georgia's money (the “Properties”); and from taking, spending, using, converting, or committing waste to any rents or revenue derived from the Properties is GRANTED. Code of Civil Procedure section 527, subdivision (a) provides: “A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affida...
2022.07.25 Motion for Preliminary Injunction 228
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.25
Excerpt: ...out notice to the opposing party.” Code of Civil Procedure section 526(a) provides, “(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits ...
2022.07.25 Motion for Appointment of Receiver, for Preliminary Injunction 083
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.25
Excerpt: ...e not material to the disposition of the Motion. APPOINTMENT OF A RECEIVER: Vivera moves for appointment of a receiver pursuant to Code of Civil Procedure sections 564(b)(1) and 564(b)(9). Code of Civil Procedure section 564, subdivision (b) states in pertinent part: “A receiver may be appointed by the court in which an action or proceeding is pending, or by a judge of that court, in the following cases: [¶] (1) In an action by a vendor to vac...
2022.07.25 Demurrer 251
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.25
Excerpt: ...an equitable action by means of which a plaintiff may recover money or property obtained from the plaintiff or persons represented by the plaintiff through unfair or unlawful business practices. It is not an all-purpose substitute for a tort or contract action.” Cortez v. Purolator Air Filtration Products Co. (2000) 23 Cal.4th 163, 173; see also Nationwide Biweekly Administration, Inc. v. Superior Court (2020) 9 Cal.5th 279, 301-305 [UCL is an ...
2022.07.18 Motion to Strike 587
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.18
Excerpt: ... 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 Civ. Proc. § 436.) An “irrelevant matter,” or “immaterial allegation,” means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither...
2022.07.18 Motion to Dismiss 528
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.18
Excerpt: ...us, the Court should treat this motion as a general demurrer. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer....
2022.07.18 Motion to Decide Ultimate Issue 408
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.07.18
Excerpt: ...ding in essence that decedent simply liked him better. Before the Court this day is a defense motion for what appears to be an actual substantive ruling on the ultimate question in this case, to wit: decedent's mental competency on 11/01/21 when he executed estate documents. Although defendant suggests that the statutory predicate for this motion is Evidence Code §403(b), it appears from the myriad of miscellaneous code sections cited throughout...

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