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2023.05.24 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.24
Excerpt: ...lied with its meet-and-confer obligation prior to filing the Motion. (Code Civ. Proc., S 439.) First of Action — Breach of contract It is well-established that "the elements of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff. [Citation.]" (Oasis West Realty, LLC v. Goldman (2011) 51 Cal...
2023.05.24 Demurrer to FACC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.24
Excerpt: ... 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. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court ma...
2023.05.24 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.24
Excerpt: ...ia Hearing Department Decision from In the Matter of Lenore Luann Albert, Case No. 16-0-12958-YDR (16- 0-10548); Exhibit C: The January g, 201 g, State Bar Court of California Hearing Department Decision from In the Matter of Lenore Luann Albert, Case No. 16-0-12958-YDR (16- 0-10548); Exhibit D: The July 10, 2019, Order of the California Supreme Court from In the Matter of Lenore Luann Albert on Discipline, Case No. SD254967, State Bar Court case...
2023.05.24 Motion for Attorney Fees
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.24
Excerpt: ...expended multiplied by the reasonable hourly rate.' [Citation.) To determine the reasonable hourly rate, the court looks to the 'hourly rate prevailing in the community for similar work.' [Citation.] Using the lodestar as the basis for the attorney fee award 'anchors the trial court's analysis to an objective determination of the value of an attorney's services, ensuring that the amount awarded is not arbitrary. [Citation.]' [Citation.]" (Bernard...
2023.05.17 OSC Re Preliminary Injunction
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.17
Excerpt: ...itigation would produce great or irreparable injury to a party to the action," (3) the challenged act may violate a party's rights, (4) "pecuniary compensation would not afford adequate relief, (5) "it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief," (6) "Where the restraint is necessary to prevent a multiplicity of judicial proceedings." (Code Civ. Proc., 5 526, subd. The Court may also gr...
2023.05.17 Motion to Enforce Settlement
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.17
Excerpt: ...nce arising from Plaintiff's use of Defendant's "Surf City Seniors on the Go!" service. (Complaint, 12 & 14). Plaintiff alleges that "Surf City Seniors on the Go!" is a "curb-to-curb transportation service" offered by the City, which she used on June 27, 2018, to travel to her physical therapy session at "Southern California Aquatic and Physical Therapy." (ld.) Plaintiff alleges she was 65 years old at the time, legally blind and physically disab...
2023.05.17 Motion to Dismiss TAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.17
Excerpt: ... Laura Estanislau ("Laura") (collectively, "Plaintiffs") commenced this action against defendants Brian Hoyt ("Brian"), Alain Hoyt ("Alain"), William Kalpakoff ("William"), and Sandra Kalpakoff ("Sandra") (collectively, "Defendants"). (ROA 2). Plaintiffs allege they own real property adjacent to an easement that included a flood control channel ("Carbon Canyon Flood Control Channel") and a gravel road ("Gravel Road"). This easement, along with a ...
2023.05.17 Motion for Summary Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.17
Excerpt: ...ne 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).) 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 (1 gg6) 42 Cal.App.4th 1591, 1597.) Once the moving party meets that burden, the burden shifts to the...
2023.05.17 Demurrer, Application for Right to Attach Order
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.17
Excerpt: ...) 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 Ca/., 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 wil...
2023.05.17 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.17
Excerpt: ... (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.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 o...
2023.05.16 Motion to Quash Doe Amendment to FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.16
Excerpt: ...o Ouash "When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action is commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly." (Code Civ. Proc., S 474.) "Section 474 allows a plaintiff who is ignorant of a defendant's identity to comm...
2023.05.10 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...tion. (Code Civ. Proc. ("CCP"), S 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 (1 gg6) 42 Cal.App.4th 1591, 1597.) Once the moving party meets that burden, the burden shifts to the party opposing MS] to show, by reference to specific facts, the existence of a triable issue as to that affirmative de...
2023.05.10 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...ax Mortgage Loan Trust 2021 -G, and LoanCare, LLC relating to a non judicial foreclosure sale that Defendants are pursuing against Plaintiff's house. Plaintiff alleges nineteen causes of action based on fraud, alleging that Defendants concealed loan documents from Plaintiff and/or that various documents on which Defendants rely for their non-judicial proceedings are fraudulent (e.g., fraudulent deed of trust, fraudulent assignment of mortgage, fr...
2023.05.10 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...(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., S 430.10, subds. (e) & (f)ß]; 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 af...
2023.05.10 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...se of the option to produce documents under California Civil Procedure Code section 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. Cal. Civ. Proc. Code, S 2030.300(a). If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the discovery. Fairmont Ins. Co. ...
2023.05.10 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...ng it to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. 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 fails to meet this initial burden, the plaintiff need not oppose the motion and the motion ...
2023.05.10 Motion to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...es, pursuant to the relevant agreement's choice of law provision. As such, Avis has the initial burden to show that New Jersey law materially differs from the law of California, and that New Jersey has an interest in having its law applied. (Washington Mutual Bank, FA v. Superior Court (2001) 24 Cal.4th 906, 919-920 [citing Hurtado v. Superior Court (1974) 11 Cal.3d 574, 5801.) Avis does not contend there is a material difference in the laws of b...
2023.05.10 Motion to Quash Deposition Subpoena for Business Records
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.10
Excerpt: ...er meeting minutes, IRS Form 2553, and documents identifying shareholders. The Moving Party argues that the document requests are overbroad, seek irrelevant information, and seek their private/proprietary financial and corporate information. They also seek sanctions in the amount of $5,200 against Plaintiff. On April 27, 2023, Plaintiff filed an opposition to the motion. Plaintiff argues that the Moving Party is one of four restaurants that are o...
2023.05.03 Motion to Quash Deposition Subpoenas for Business Records
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.03
Excerpt: ...rties produce stock certificates, shareholder meeting minutes, IRS Form 2553, and documents identifying shareholders. The Moving Parties argue that the document requests are overbroad, seek irrelevant information, and seek their private/proprietary financial and corporate information. They also seek sanctions in the amount of $5,200 (each) against Plaintiff. On April 20, 2023, Plaintiff filed a combined opposition to the motions. Plaintiff argues...
2023.05.03 Motion to Compel Arbitration
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.03
Excerpt: ...4th 558, 565.) The parties may, among other things, agree that the arbitration agreement will be controlled bv 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." (g U.S.C. S 2.) The United States Supreme Court has descri...
2023.05.03 Motion for Summary Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.03
Excerpt: ...s to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (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, s...
2023.05.03 Demurrer to FAC (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.03
Excerpt: ... action (civil rights violations) is SUSTAINED with leave to amend. The demurrer to the third cause of action (civil rights violations) is SUSTAINED with leave to amend. The demurrer to the fourth cause of action (negligence) is SUSTAINED with leave to amend. The demurrer to the fifth cause of action (negligence per se) is OVERRULED as moot. The demurrer to the sixth cause of action (negligent retention and supervision) is SUSTAINED with leave to...
2023.05.03 Demurrer to FAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.05.03
Excerpt: ...ode Civ. Proc., 5 430.30, subd. "A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, 'uncertain' includes ambiguous and unintelligible. " (S 430.20.) "A party who has filed a complaint or cross-complaint may, w...
2023.04.26 Demurrers
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.04.26
Excerpt: ...nancial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) 1st cause of action. negligence. Defendants Thomas Courtney Dubar and Skyler Lambert do not demur to this cause of action. As to demurring defendants Ella Dubar, David Skorheim, and Eric Michael Massimo, the FAC states facts sufficient to constitute this cause of action. (See Ladd v. County of San Mateo (1996) 12 cal.4th 913, 917 [elements]; FAC 74 [duty], 36, 38, 40, 41, 4...
2023.04.19 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.04.19
Excerpt: ... triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to ...

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