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2023.12.20 Motion to Set Aside Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.20
Excerpt: ...ed that the parties attended an informal discovery conference before the court and met and conferred. The stipulated order ordered Defendant to serve responses to multiple sets of discovery without objection, to produce six witnesses for deposition, and to produce documents. Plaintiffs contended that Defendant had not complied with any of these discovery obligations. Plaintiffs met and conferred with defense counsel. who admitted that he dropped ...
2023.12.20 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.20
Excerpt: ...l prior complaints. (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130.) In other words, after an amended complaint is filed, the original pleading "ceases to have any effect either as a pleading or as a basis for judgment." (ld. at p. 1131.) Consequently, "the filing of an amended complaint moots a motion directed to a prior complaint." (Ibid.) For example, the filing of an amended complaint moots a motion for summ...
2023.12.20 Demurrer to FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.20
Excerpt: ... the factual allegatons in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1404- 05.) Defendant demurs to the FAC on the basis that it is uncertain. A demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty existing in the allegations actually made. (People v. Lim (1941) 18 Cal. 2d 87...
2023.12.13 Motion to Strike or Seal Exhibits
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.13
Excerpt: ...the request to strike is DENIED, and the request to seal is GRANTED. A. Statement of Law "Unless confidentiality 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 filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties."...
2023.12.13 Motion to Quash or for Protective Order
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.13
Excerpt: ...ruit. Plaintiff alleges that it entered into a residential listing agreement with Defendant for the sale of her residential property for an asking price of $8,388,000. The listing period in the original agreement was March 3, 2022, through June 2, 2022. Pursuant to Secton 3.A(3) of the listing agreement, Defendant promised to pay Plaintiff commission if, among other things, the property was "withdrawn from sale, conveyed, leased, rented, otherwis...
2023.12.13 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.13
Excerpt: ...4th 772, 777; see Marzec v. Public Employees' Retirement System (2015) 236 Cal.App.4th 889, 900 '[blecause a moton for judgment on the pleadings is the functional equivalent of a general demurrer, the same rules apply' Alter Ego Moving Defendants contend the first through fourth causes of action are barred because Plaintiff cannot establish that Moving Defendants are the alter egos of Defendant S. David Kozich. Moving Defendants argue that the FA...
2023.12.13 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.13
Excerpt: ... 430.41. (Code Civ. Proc. S 430.41.) Here, MP's counsel "attempted" to satisfy this requirement but was unsuccessful. (Shugart Dec.) It is not clear what this means. Nevertheless, the court will address the merits of the demurrer and motion to strike. General Principles on Demurrer 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.) T...
2023.12.06 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.06
Excerpt: ...RANTS Defendant's requests for judicial notice. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App...
2023.12.06 Demurrer to FAC, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.06
Excerpt: ...ixth cause of action for unjust enrichment is OVERRULED as to Defendant Tabatabai and SUSTAINED as to the other Defendants. The demurrer to the seventh cause of achon is SUSTAINED to the extent it seeks declaratory relief, and OVERRULED to the extent seeks an accounting. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only t...
2023.12.06 Demurrer, Motion to Strike, Joinder
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.06
Excerpt: ...usiness Relationships and Prospective Business Relationships The elements of intentional interference with prospective economic advantage are "(1) the existence, between the plaintiff and some third party, of an economic relationship that contains the probability of future economic benefit to the plaintiff; (2) the defendant's knowledge of the relationship; (3) intentionally wrongful acts designed to disrupt the relationship; (4) actual disruptio...
2023.12.06 Motion for Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.06
Excerpt: ...or provision is 'to conserve judicial resources otherwise spent adjudicating a sanctions motion by affording a prescribed period of time during which a party may correct or withdraw a frivolous or improper pleading or moton without any penalty. [Citation.] If the merits of the objectionable document are resolved by the court prior to the expiration of the safe harbor period, there is nothing left to correct or withdraw, thereby undermining the re...
2023.12.06 Motion for Sanctions, for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.06
Excerpt: ...., at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc. ("CCP"), S 437c(p)(2).) The scope of this burden is determined by the allegations of the plaintiff's complaint. (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381—82 [pleadings serve...
2023.12.06 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.06
Excerpt: ...issue of material fact ... (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) "A prima facie showing is one that is sufficient to support the position of the party in question." (ld. at p. 851.) A plaintiff moving for summary judgment satisfies his or her initial burden by showing that each element of the cause of acton in question has been "proved," and hence that there is no defense thereto. (ld., at p. 850.) A party cannot establi...
2023.12.06 Motion to Compel Answers
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.06
Excerpt: ...fied further responses, and produce responsive documents, within 30 days. The Court DENIES Plaintiff's requests for judicial notice, and it deems Defendant's objections to the requests for judicial notice as being MOOT. Form Interrogatory nos. 16.2-16.5 In his August 10, 2023 amended response to Form Interrogatory nos. 16.2 through 16.5, Defendant responded as follows: This interrogatory calls for information which seeks defendant's opinion or co...
2023.12.06 Motion to Seal
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.06
Excerpt: ...s particular issue, as information obtained from sealed and confidential discovery materials, and which are later incorporated into Plaintiff's Answer to the Second Amended Cross-complaint, are not submitted "as a basis for adjudication," and thus do not become accessible to the public, simply by virtue of it becoming a part of the court file. (Mercury, supra, 158 Cal.App.4th at pp. 90, 103.) The Mercury court also held that the rules 2.550 and 2...
2023.12.06 Petition to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.12.06
Excerpt: ...petition is GRANTED in part and DENIED in part. The Arbitration Agreement The Arbitration Agreement at issue provides in pertinent part: It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered or not rendered, will be determined by submission to arbitration as prov-ded by the Fede...
2023.11.22 Motion to Strike and Tax Costs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.11.22
Excerpt: ... subd. (b); Rojas v. HSBC Card Services Inc. (2023) 93 Cal.App.5th 8ü 892.) The memorandum of costs must be filed and served "within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 654.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is firstl ." (Cal. Rules of Court, rule 3.1700(...
2023.11.22 Motion to Compel Verified Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.11.22
Excerpt: ...rocery Company ("Ralphs") and John Schroeder (manager) for general negligence and premises liability. Plaintiff alleges that she sustained injury for a slip and fall that allegedly occurred on October 8, 2020, at the Ralphs on 1435 W. Chapman Avenue, Orange, California. On August 22, 2023, Defendant Ralphs filed motions to compel Plaintiff to serve initial responses to requests for production, set one, special interrogatories, set one, and form i...
2023.11.22 Motion to Compel Further Responses (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.11.22
Excerpt: ...are due 30 days after service (plus appropriate time for method of service). (Code Civ. Proc. SS 2030.260; 2031.260; 2033.250.) A motion to compel further response to discovery "shall" (1) be made within 45 days of the service of the response or on or before any specific later date to which the parties have agreed in writing, (2) demonstrate a reasonable, good faith meet and confer attempt at informal resolution of each issue presented, and (3) b...
2023.11.22 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.11.22
Excerpt: ...ery request, or lacks suffcient information or knowledge to provide a complete and straightforward response, it must so state. (Code Civ. Proc. S 2031.210-2031.240 (regarding requests for production.)) Upon receipt of the discovery responses, the propounding party may move for an order compelling further responses if it deems the responses to be evasive, inadequate or incomplete, or the objections to be without merit or too general. (Code Civ. Pr...
2023.11.22 Motion for Leave to File Amended Complaint
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.11.22
Excerpt: ...to refuse permission to amend...." (Morgan v. Sup. Ct. (1959) 172 Cal.App.2d 527, 530.) Prejudice includes "delay in trial, loss of critical evidence, or added costs of preparation." (Solitv. Tokai Bank, Ltd. New York Branch (1999) 68 Cal.App.4th 1435, 1448.) "The power to #rmit amendments is interpreted very liberally as long as the plaintiff does not attempt to state facts which give rise to a wholly distinct and different legal obligation agai...
2023.11.22 Motion for Attorney Fees
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.11.22
Excerpt: ... recover his or her attorneys' fees and costs." (Code Civ. Proc. S 425.15(c).) under this provision, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees. (Ketchum v. Moses 24 Cal.4th 1122, 1131.) This does not mean, however, that the prevailing party is entitled to receive whatever it seeks. (Christian Research Institute v. Alno 165 Cal.App.4th 1315, 1321.) The attorneys' fees awarded must be reason...
2023.11.22 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.11.22
Excerpt: ...Khoury Decl., Ex. D.) A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (See Blankv. 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. (See Del E. Webb Corporation v. St...
2023.11.22 Application for Writ of Possession
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.11.22
Excerpt: ...perty to the plaintiff. [Citation.]" (Simms v. NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 241.) "The claim and delivery law provides a complete prejudgment remedy to recover possession of personal property. It has been carefully crafted to meet constitutional requirements. In addition, it provdes for injunctive relief in the form of a turn-over order under Code of Civil Procedure section 512.070. [Citation.)" (ld. at pp. 242-243.) (a) upo...
2023.11.15 Motion to Consolidate
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.11.15
Excerpt: ...ve attorneys of record; (8) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and (C) Be filed in each case sought to be consolidated. (2) The motion to consolidate: (A)ls deemed a single moton for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case; (B) Must be served on all attorn...

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