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2024.02.14 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.14
Excerpt: ...idge's founder and president, Defendant, John Prichard. (Complai nt, ¶¶ 3, 16.) The stockholders were subject to a Stockholders Agreement, which contained an express and strict confidentiality provision. While the stockholders were permitted to share Plaintiff's confidential and proprietary information with their inves tment advisors for the sole purpose of obtaining investment advice, the Defendants used said information to solicit new busin...
2024.02.07 Motion to Seal
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...egoing exhibits, and Defendant's unredacted October 24, 2023, Opposition, are sealed. [ROA # 910, 916-921, 941] Statement of Law “Unless conÞdentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be Þled under seal without a court order. The court must not permit a record to be Þled under seal based solely on...
2024.02.07 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...021, order of dismissal, 3) the Court of Appeal's Opinion, and 4) the April 25, 2023, judgment dismissing the arbitration. The Court grants the request for judicial notice. (Evid. Code § 452(d).) Evidentiary Objections Defendant Þled objections to the declaration of Patrick Ergina. The Court declines to rule on these objections because they are not material to the disposition of the motion. ( C o d e C i v. Pro c. § 4 3 7 c( q ) .) G en eral P...
2024.02.07 Motion for Leave to File SAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...osed to be added to the previous pleading, if any. (Cal. Rules of Ct., Rule 3.1324(a).) The motion must also be supported by a declaration that speciÞes: (1) the e¯ect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. (Cal. Rules of Ct., Rule 3.1324(b).) The court Þnds the motion and...
2024.02.07 Demurrer to SAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...cy of the a¯ected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundi¯ v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the su¯iciency of the complaint, a court will not consider facts that have not been alleg...
2024.02.07 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ... any one or more of the following grounds: … (e) The pleading does not state facts su¯icient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against wh...
2024.02.07 Motions to Quash Subpoena
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...uperior Court (2019) 32 Cal.App.5th 1213. On 06/06/2023, the court entered default judgment in favor of Judgment Creditors/Plainti¯s Mark Adams and Julie ThorntonAdams (the “Judgment Creditors” or “Creditors”) and against the Defendants/Judgment Debtors Rajesh Gupta and Sarita Gupta, as Trustee of the 1996 Rajesh Kranti Gupta Family Irrevocable Trust dated August 15, 1996 (the “Judgment Debtors” or “Debtors”). On 08/23/2023, Jud...
2024.01.31 Motions to Seal
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.31
Excerpt: ...l based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a).) “A party requesting that a record be Þled under seal must Þle a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts su¯icient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1); see Cal. Rules of Court, rule 2.551(b)(2) [m...
2024.01.31 Motions to Quash
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.31
Excerpt: ... 418.10(a) provides that a defendant, “on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and Þle a notice of motion… [t]o quash service of the summons on the ground of lack of jurisdiction of the court over him or her. Minimum Contacts A nonresident defendant may not be called upon to defend in a foreign forum unless he or she has minimal contacts with that sta...
2024.01.31 Motions to Compel Responses, to Deem RFAs Admitted
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.31
Excerpt: ...ogatories and Requests for Production of Documents within 30 days of receiving notice of this ruling. Plainti¯'s R e q u e s t s f o r Admission to both DAG & Associates, Inc. and FloorIt Financial, Inc. are deemed admitted. Defendants are ordered to pay Plainti¯ total sanctions of $3,553.20 ($592.20 per motion), or $1,776.60 per Defendant. A party can Þle a motion to compel initial responses to its interrogatories, and its requests for prod...
2024.01.31 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.31
Excerpt: ...action against Defendants Gunlei Corporation, Egreen Transport Corporation, Hong Chen, Jing (Amy) Song, Yu Wang (Monica), Wen Chen, Elaine Huang, and Lucy Luo. On 11/04/21, Plainti¯ Þled a First Amended Complaint (“FAC”), substituting Plainti¯s William Young and Jennifer Young for Plainti¯ JBY Enterprises. The FAC alleges causes of action for: 1. Interference with prospective advantage; 2. Breach of contract; 3. Material misrepresentat...
2024.01.24 Demurrer to FACC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.24
Excerpt: ...A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the "four corners" of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code SS 451 or 452. Although California courts take a liberal view of inartfu...
2024.01.24 Demurrer to FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.24
Excerpt: ...eading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 1405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1555.) A demurrer tests only the sufficiency of the complaint; a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from the matters alleged or ...
2024.01.24 Motion to Quash Service of Summons
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.24
Excerpt: ...s incorrect. (Code Civ. Proc. S 1005(b) and (c) (requiring opposition papers to be served 9 court days before a hearing and to be served by means to ensure delivery within one business day).) Request for Judicial Notice Plaintiff asks the Court to take judicial notice of three minute orders from Los Angeles County Superior Court and a certified copy of a reporter's transcript of a motion hearing in San Diego County. The court grants the request f...
2024.01.24 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.24
Excerpt: ...state facts suffcient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, 'uncertain' includes ambiguous and unintelligible." (Code Civ. Proc., S 430.10, subds. (e) & (f); see Code Civ. Proc., S 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated thereinl.) "A person against whom a complaint or cross-complaint has been filed may, within 30 days after service ...
2024.01.24 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.24
Excerpt: ...t prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fa...
2024.01.24 Motions to Compel Further Responses, for Monetary Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.24
Excerpt: ... regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action orto the determination of any motion made in that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action." (Code Civ. Proc., S 2017.010; Los Angele...
2024.01.17 Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.17
Excerpt: ...l-established that where a pleading is belatedly filed, but at a time when a default has not yet been taken, the plaintiff has effectively granted the defendant additional time within which to plead and he is not strictly in default. (Reher v. Reed (1913) 166 Cal. 525, 528; Bank of Haywards v. Kenyon (1917) 32 Cal.App. 635, 636—537.) "(l)t is generally recognized that an untimely pleading is not a nullity, and it will serve to preclude the taki...
2024.01.17 Motion for Terminating Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.17
Excerpt: ... provide discovery. (ld., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4 th 1495, 1516.) Imposition of sanctions for the misuse of discovery lies within the trial court's discretion. (Doppesv. Bentley Motors, Inc. (2009) 174 Cal. App. 4th 967, 991.) Once a party is ordered by the court to provide responses to discovery, continued failure to respond may result in the imposition of more severe sanctions. (See Code Civ. Proc. SS 2030.290(c)...
2024.01.17 Motion for Summary Adjudication of Issues
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.17
Excerpt: ...struction zone, no warning signs were placed anv,'here on, near, or around the steel plates, such that the dangerous condition was not obvious to customers. Moreover, customers had to cross over the steel plates to enter and exit the store, and there were no reasonable alternative means to access the store. (Complaint, 1, 11.) As a result, Plaintiff suffered physical, mental, and emotional injuries. (Complaint, "1 2, 12.) Plaintiff filed her Comp...
2024.01.17 Application for Writ of Possession
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.17
Excerpt: ...69 Cal.App.4th 1261, 1271, emphasis added.) A party wishing to repossess personal property by judicial action "can bring an action in replevin or proceed under the statutory successor to [common lawl replevin, an action of claim and delivery." (Simms v. NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 241.) As summarized by Simms: California has a detailed claim and delivery law. (Code Civ. Proc., S 511.010 et seq.) A party with a claim that he...
2024.01.10 Motion to Seal
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.10
Excerpt: ...were submitted in connection with a discovery motion, namely, Plaintiff's motion to compel further responses to fts 8th and 11th sets of requests for production of documents. [ROA # 802] They were not submitted "as a basis for adjudication," which "embraces discovery materials submitted in support of and in opposition to substantive pretrial motions, regardless of the ground on which the trial court ultimately rules." (Overstock.com, Inc. v. Gold...
2024.01.10 Motion to Recover Attorney Fees
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.10
Excerpt: ...press or implied, of the parties...."].) Relevant here, If the district attorney or commissioner does not proceed with the action, and the person bringing the action conducts the action, the court may award to the defendant its reasonable attornevs fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the achon was clearly frivolous, clearly vexatious, or brought primarily for purposes...
2024.01.10 Motion for Protective Order
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.10
Excerpt: ...were served by Plaintiffs on June 12, 2023. (See Motion at 3:4-5; J. Young Decl. '1 8, Exh. Three [06/12/23 Notices of Depositionl.) On November 20, 2023, Plaintiffs propounded a new Notice of Taking Deposition on Defendants Hong Chen, Monica Yu Wang, Jing (Amy) Song, Wen Chen, and Elaine Huang. (J. Young Decl. 29, Exh. Seven [11/20/23 Notices of Depositionl.) Jennifer Young declares that Plaintiffs took out all the items that Defendants' counsel...
2024.01.10 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.01.10
Excerpt: ... only for the purpose of establishing that these documents were filed with the probate court, not for the truth of the matters asserted therein. The request is DENIED as to Exhibit 2 because Exhibit 2 appears to be an incomplete document. CCP S 356.2 and Cal. Prob. Code S 9000, et seq. Defendant argues that section 366.2 sets forth the statute of limitations on Plaintiff's claims. Plaintiff contends that Plaintiff's claims are timely, as Plaintif...

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