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2023.08.30 Motion for Determination of Good Faith Settlement
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.30
Excerpt: ... following reasons, the unopposed motion is GRANTED. 1. Code of Civil Procedure section 877.6 & Overview of “Tech-Bilt” Factors Code of Civil Procedure section 877.6 provides in pertinent part: (a)(1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other c...
2023.08.23 Motion for Assignment Order
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.23
Excerpt: ...d from interfering in any way with or attempting to dissuade any borrower from making payments to Plaintiff's attorney. Judgment Debtors file no opposition. For the following reasons, the unopposed motion for assignment order and restraining order is GRANTED. On 09/09/2022, this court entered judgment in favor of Judgment Creditor and against Defendants/Judgment Debtors Assent Mortgage, LLC, and Mahyar Kazemi aka Matt Kazemi [ROA 242]. Notice of ...
2023.08.23 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.23
Excerpt: ... 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) [1]; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur...
2023.08.23 Demurrer (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.23
Excerpt: ...e 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 §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff i...
2023.08.23 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.23
Excerpt: ... in presenting his grievances, and fully recognizes the personal investment plaintiff has in his case, the court must treat a pro per party the same as a represented party, i.e., uniformly applying the procedural and substantive rules. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247.) “ ‘A litigant has a right to act as his own attorney [citation] “but, in so doing, should be restricted to the same rules of evidence and procedure as is...
2023.08.23 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.23
Excerpt: ...mation the employee “has reasonable cause to believe ... discloses a violation of state or federal statute” or of “a local, state, or federal rule or regulation” with a government agency, with a person with authority over the employee, or with another employee who has authority to investigate or correct the violation.” (Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, 709, citing Labor Code § 1102.5, subd. (b).) Defend...
2023.08.16 Demurrer, Motion to Strike, Anti-SLAPP Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ...e sixth cause of action of the Cross-Complaint filed by Cross-Complainant Dehong Liu pursuant to Code Civ. Proc. § 425.16. For the following reasons, the anti-SLAPP motion to strike is GRANTED. ---------------------------- Motion # 1 ---------------------------- Demurrer to Cross-Complaint 1. Meet and Confer A party demurring or moving to strike a pleading is required to meet and confer “in person or by telephone” with the party that filed t...
2023.08.16 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ... The Motion to strike is DENIED. Legal Standard 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.) 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 sections...
2023.08.16 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ...ded in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does not state facts sufficient 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) [1]; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therei...
2023.08.16 Motion for Leave to File Complaint
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ...int.” (Code Civ. Proc., § 426.10, subd. (c) [3].) “[T]he phrase ‘related cause of action' in section 426.30 is defined as ‘a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.' [Citation.] Because of the liberal construction given to the statute to accomplish its purpose of avoiding a multiplicity of actions, �...
2023.08.16 Motion for Reconsideration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ... Defendant's MSJ to be heard 07/05/2023. Defendant later decided against filing that motion. (Hernquist Decl. ¶ 11.) Plaintiff's counsel believed that on 06/09/2023, the parties had orally agreed to continue the cross-motions for summary judgment from 07/05/2023 to a date sometime in August. (Mogavero Decl. ¶ 4.) The court notes that the record shows that at that time, neither party had filed an MSJ or cross-MSJ. At some point between 06/09/202...
2023.08.16 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ...igned “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order . . . . This, in turn, will lessen the burden on the court and reduce the unnecessary expenditure of resources by litigants through promotion of informal, extrajudicial resolution of discovery disputes.” (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016 [quoting Townsend v. Super. Ct. (1998) 61 Cal....
2023.08.16 Motion to Consolidate Instant Action
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.16
Excerpt: ...(a).) The court may also “order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Ibid.) The purpose of consolidation is to enhance trial court efficiency (i.e., to avoid unnecessary duplication of evidence and procedures), and to avoid the substantial danger of inconsistent adjudications (i.e., different results when matters are tried before different ju...
2023.08.09 Motion to Compel Further Responses (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.09
Excerpt: ...by that date, the motion may be taken off-calendar. A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., § 2016.040.) The meet and confer requirement is designed “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order….This, in turn, will...
2023.08.09 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.09
Excerpt: ...errogatory No. 17.1 states: Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible thing...
2023.08.09 Motion for Summary Judgment, Adjudication of Issues
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.08.09
Excerpt: ...antic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c, subd. (a)(1) [1].) “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled t...
2023.07.26 Motion for Leave to Amend
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.26
Excerpt: ...fornia courts generally allow great liberality, at all stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits. (IMO Development Corp. v. Dow Corning (1982) 135 Cal. App. 3d 451, 461.) Because the policy favoring amendment is so strong, “it is a rare case in which a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case.” (Morgan v....
2023.07.26 Demurrers, Motions to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.26
Excerpt: ...action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f) [1]; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the co...
2023.07.26 Demurrer to FAC (3)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.26
Excerpt: ...factual allegations 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.) 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 sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inf...
2023.07.26 Demurrer to FAC (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.26
Excerpt: ..., 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.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 sufficiency of the complaint, a cou...
2023.07.26 Demurrer to FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.26
Excerpt: ...h of Implied Covenant) is OVERRULED. “A demurrer tests the legal sufficiency of factual allegations in a complaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) 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...
2023.07.26 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.26
Excerpt: ...uncertain, and/or ultimately fail to plead adequate facts to put Plaintiff on notice of the basis and allegations supporting each of the defenses. Furthermore, affirmative defenses number six (6), and sixteen (16) through twenty-six (26) do not identify the specific cause of action referred to as required by Code of Civ. Proc. § 431.30(g). In response, Defendants argue they have sufficiently plead each affirmative defense to put Plaintiff on not...
2023.07.12 Petition to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.12
Excerpt: ...ion pursuant to the doctrine of equitable estoppel as articulated in the Court of Appeal's decision in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486. The Court follows the recent opinions issued in Ford Motor Warranty Cases (Ochoa) (2023) 89 Cal.App.5th 1324 and Montemayor v. Ford Motor Company (Cal. Ct. App., June 26, 2023, No. B320477) 2023 WL 4181909. “Under the doctrine of equitable estoppel, ‘as applied in ‘both federal and Califor...
2023.07.12 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.12
Excerpt: ... 2017.010. The test for determining if something is discoverable is whether the requested matter “appears reasonably calculated to lead to the discovery of admissible evidence.” Id. Information is “relevant to the subject matter of the litigation” if it possibly assists the party in evaluating the case, preparing for trial, or aiding in settlement of the case. (Gonzalez v. Super. Ct. (1995) 33 Cal.App.4th 1539, 1546). “A trial court mus...
2023.07.12 Motion for Attorney Fees
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.12
Excerpt: ...s' Fees The lodestar method for calculating attorneys' fees applies to any statutory attorneys' fees award, unless the statute authorizing the award provides for another method of calculation. (Galbiso v. Orosi Pub. Util. Dist. (2008) 167 Cal.App.4th 1063, 1089; see also K.I. v. Wagner (2014) 225 Cal.App.4th 1412, 1425.) In order to calculate an attorney fee award under the FEHA, courts generally use the well-established lodestar method. (Caldera...

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