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2023.07.12 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.12
Excerpt: ...rike. A. Demurrer Defendants' primary argument is that Plaintiffs failed to plead sufficient facts amounting to egregious abuse or neglect. Instead, Defendants contend the allegations merely sound in negligence. The Court disagrees. Neglect is defined as “The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.” (...
2023.07.12 Demurrer to FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.12
Excerpt: ...s 452(d), 453, and 454 of the following documents: 1. Complaint filed by the State of California against Mr. Eichman in Orange County Superior Court, case number 19WF2624 2. General misdemeanor guilty plea form in Orange County Superior Court case no. 19WF2624 3. Sentence recommendation in Orange County Superior Court case no. 19WF2624 4. Contractor's license detail for license #794154 “‘Judicial notice may not be taken of any matter unless a...
2023.07.12 Demurrer to SAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.12
Excerpt: ...P.C., NPB Management Group, Inc., and Global Pharmacy Services, Inc. (“Defendants”) demur to the second, third, fourth, fifth, sixth, and eighth causes of action of Plaintiff Roatchhada and Cindy, LP's Second Amended Complaint (“SAC”). For the following reasons, the demurrer is OVERRULED. 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 ...
2023.07.05 Motion to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.05
Excerpt: ...les Defendant's objections to paragraphs 3, 5-10, 12-13, and 15-25 of the Teasta Declaration in Opposition to the Arbitration Motion. Standard for Motion to Compel Arbitration A court shall order arbitration if it determines an agreement to arbitrate exists, unless the moving party waived arbitration, grounds exist for revocation of the agreement, or a party to the agreement is also a party to a pending action involving the same transaction with ...
2023.07.05 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.05
Excerpt: ...nst Defendants Coldwell Banker, LLC (“Coldwell”), Casey Lesher Real Estate, Inc. (“Lesher Inc.”), Casey Lesher (“Lesher”), Daniel Tsarik, Mariner's Escrow Corporation (“Mariner's Escrow”), Deborah Johnson, and Lisette Anderjack, alleging the following causes of action: C/A 1: Negligence C/A 2: Breach of Fiduciary Duty C/A 3: Intentional Infliction of Emotional Distress C/A 4: Negligent Infliction of Emotional Distress C/A 5: Fraud...
2023.07.05 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.05
Excerpt: ...ient particularity. For the following reasons, Defendant's demurrer is OVERRULED. As an initial matter, Plaintiffs assert Defendant did not comply with California Rule of Court 3.1320, which requires that each ground of demurrer be in a separate paragraph and state whether it applies to the entire complaint or specified causes of action or defenses, and Code of Civil Procedure section 430.60, which requires that a demurrer distinctly specify the ...
2023.07.05 Application for Right to Attach Order and Writ of Attachment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.07.05
Excerpt: ...t properly served on Defendant (see Code Civ. Proc., § 482.070(d); however, Defendant filed and served an opposition addressing the merits of the application, thereby waiving any objection based on defective service. Upon the filing of a complaint or at any time thereafter, the plaintiff may apply for a right to attach order (“RTAO”) and writ of attachment by filing an application for the order and writ with the court in which the action is ...
2023.06.21 Motions to Quash, Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.21
Excerpt: ..., complete, and Code compliant responses to discovery may result in an extension of this time. The parties are limited to propounding one set of special interrogatories, one set of requests for admission, and one set of production demands, not to exceed 25 questions each. The subject of that discovery must be limited to defendants' contacts with California, defendants' contact with plaintiff, and defendants' contact with any underlying insureds. ...
2023.06.21 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.21
Excerpt: ...oc. §§ 2030.260; 2031.260; 2033.250.) Plaintiff responded to form interrogatory 1.1 by incorporating a preliminary statement and general objections and then by responding substantively. The separate statement does not appear to take issue with the substantive response. Instead, Defendant seems only to take issue with the objections because Plaintiff had waived objections by failing to serve timely responses. If the party to whom an interrogator...
2023.06.21 Motion to Compel Deposition
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.21
Excerpt: ...ourt granted a 30-day extension to serve an answer or responsive pleading. The clerked entered default against both defendants on September 30, 2022, (over 30 days after the August 23, 2022, case management conference.) On October 28, 2022, Defendant John Darling, now through counsel, filed a motion to set aside entry of default due to mistake, inadvertence, surprise, or excusable neglect. The motion was based on the following facts, according to...
2023.06.21 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.21
Excerpt: ...oot. However, if the deposition did not take place as scheduled on June 13, 2023, then the motion is GRANTED. Motion for Summary Judgment The basis for Defendant's Motion for Summary Judgment is that, pursuant to the “Going and Coming Rule,” Defendant Carlos Reveles was not acting within the scope of his employment for Defendant at the time of the accident. The Court finds this argument unpersuasive. “Under the ‘going and coming' rule, an...
2023.06.21 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.21
Excerpt: ..., challenging only defects on the face of the complaint.' [Citation.] As with a demurrer, ‘[t]he grounds for a motion for judgment on the pleadings must appear on the face of the complaint or from a matter of which the court may take judicial notice.' [Citations.]” (Eckler v. Neutrogena (2015) 238 Cal.App.4th 433, 439; § 438, subd. (d); see Hopp v. City of Los Angeles (2010) 183 Cal.App.4th 713, 717 [“A motion for judgment on the pleadings...
2023.06.14 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.14
Excerpt: ...defense to the cause of action. (Code Civ. Proc. (“CCP”), § 437c(p)(2).) A cause of action “cannot be established” if the undisputed facts presented by the defendant prove the contrary of the plaintiff's allegations as a matter of law. (Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1597.) Once the moving party meets that burden, the burden shifts to the party opposing MSJ to show, by reference to specific facts, the existence of a triab...
2023.06.14 Motion for Leave to File Complaint
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.14
Excerpt: ...le attached to a forklift that was protruding approximately six inches above the ground. (Mot. at 3:7-8.) On 09/09/2022, Plaintiff amended the complaint to identify Defendant Sunstate Equipment Co., LLC (Doe 13). Defendant Sunstate (Doe 13) appeared in the action on 10/24/2022, filing an answer to the original complaint. (ROA 93.) About five months later, on 03/29/2023, Defendant/Cross-Defendant Sunstate Equipment Co. (Doe 13) filed the instant m...
2023.06.14 Motion to Seal Confidential Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.14
Excerpt: ...es to the foregoing exhibits [ROA # 455] are sealed. “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.), However, the presumption of public access to the court file may not apply to a company's confidential and proprietary business records (McGuan v. Endovascular Technologies, Inc. (2010) 182 Cal.App.4th 974, 988-98...
2023.06.14 Motion for Summary Judgment (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.14
Excerpt: ...re is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc., §437c, subd. (c).) “A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that bur...
2023.06.14 Motion to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.14
Excerpt: ...n agreement will be controlled by the Federal Arbitration Act (FAA), which includes both procedural and substantive provisions. The FAA states that written arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (9 U.S.C. § 2.) The United States Supreme Court has described this provision as reflecting both a “liberal federal policy favori...
2023.06.07 Motion to Strike Punitive Damages
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.07
Excerpt: ... or an order of the court. Code Civ. Proc. § 436. “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not supported by the allegations of the complaint. Code Civ. Proc. § 431.10(b). A motion to strike can also strike legal conclusions. Weil & Brown, Cal. Prac. Guide, Civil Proc. before Trial, ¶ 7:179 ...
2023.06.07 Motion to Set Aside Order to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.07
Excerpt: ... on January 12, 2017. They allege that Defendants failed to name a certain party as a defendant in the Brokaws' underlying suit. (ROA No. 2 [Complaint].) In October 2018, Bonnie Brokaw voluntarily dismissed her case against Defendants, leaving only Dennis as Plaintiff. Defendants filed a (renewed) motion to compel arbitration. On December 13, 2018, Judge Fell granted Defendants' motion and stayed this action pending resolution of the arbitration....
2023.06.07 Motion to Compel Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.07
Excerpt: ...sts for admission are due 30 days after service (plus appropriate time for method of service). (Code Civ. Proc. §§ 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 is...
2023.06.07 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.06.07
Excerpt: ...aw Under the Civil Discovery Act, “any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to 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 ...
2023.05.31 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.31
Excerpt: ...ail service is used) is mandatory. (ld; see Lackner v North (2006) 135 Cal.App.4th 1188, 1207-1208.) Plaintiff filed the motion for summary judgment on April 6, 2023, with a May 31, 2023, hearing date. It was served by regular mail. Thus, the motion could not be heard any earlier than June 26, 2023, 80 days from April 6, 2023. Plaintiff did not give sufficient notice of the motion and, for that reason, it is denied. Further, Plaintiff did not mee...
2023.05.31 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.31
Excerpt: ... no duty to light its streets, and that the alleged lack of light strips for pedestrians at the intersection does not constitute proof of a dangerous condition. Defendant further contends that Plaintiff has not shown why the intersection constituted a dangerous condition such that it required light strips for pedestrian crossing. According to Defendant, the fact that Plaintiff may have relied on the light strips to function at the time he crossed...
2023.05.24 Motion to Compel Deposition
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.24
Excerpt: ...eposition On 01/12/2023, Defendant AMLNA produced witness Simon Andrew for all categories of examination. Plaintiff contends that Mr. Andrew was not sufficiently qualified to testify on category Nos. 1, 2, 5, 7, 10, 16, 17, 18, and 19. Code of Civil Procedure Section 2025.450(a) provides that if a party witness fails to appear or produce documents, without having served a valid objection, the noticing party may move for an order compelling the de...
2023.05.24 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.24
Excerpt: ...ispute." (Aguilar v. Atlantic 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., S 437c, subd. "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 entitl...

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