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2023.11.30 Motion to Compel Further Responses, for Sanctions 444
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.30
Excerpt: ...on, '1 7, Exh. J. Code of Civil Procedure secton 2030.300(c) states: "Unless notce of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories." Here, the emails between counsel st...
2023.11.30 Demurrer 783
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.30
Excerpt: ...on, with the requisite specificity. (See Covenant Care, Inc. v. Superior Court (2Cu) 32 Cal.4th 771, 783 [elements of elder abuse based on neglect, S#cificity]; Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 152, 155 [caretaking or custtxlial relationship]; Welf. & Inst. Code, S 15610.57, subds. (a)(l), (b); Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1349-1351 [knowing pattern and practice of chronic ...
2023.11.16 Motion to Compel Further Responses 286
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.16
Excerpt: ...port of motion, "1 5 and 7; Exs. 2 and 4.) Thus, moving party was required to file a motion to compel further responses by 10-11-23. (Code Civ. Proc., S 2030.31W, subd. (c) [45 days to file motion to compel further responses]; see also (Code Civ. Prcyc., S 1010.6, subd. [additional two court days for electronic service].) The instant motion was not filed until 11-2-23, and is thus untimely. Moving party contends the instant motion is timely based...
2023.11.16 Motion to Compel Arbitration 659
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.16
Excerpt: ...tion Agreement, before arbitration can be compelled. (See 9 U.S.C. 52 and C.C.P. 51281.2). "If a party to a civil action asks the court to compel arbitration of the pending claim, the court must determine in a summary proceeding whether an 'agreement to arbitrate the controversy exist.'" (lyere v. Wise Auto Group (2023) 87 Cal.App.5th 747, 754.) "Because the existence of the agreement is a statutory prerequisite to granting the petition, the peti...
2023.11.16 Motion for Summary Adjudication 717
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.16
Excerpt: ...to Paras. 8 and 10 of the Suarez Decl. are SUSTAINED (relevance). Defendants' evidentiary objection no. 7 to Para. 13 is sustained in part, as to the portion reading "in order to avoid her" (lacks foundation) Defendants' remaining objections to the Suarez Decl. are OVERRULED. Defendants' objections to the Opstelten Decl. are OVERRULED. 1st cause of action: age discrimination. Moving parties' evidence includes direct evidence of unlawful discrimin...
2023.11.09 Demurrer to SAC 997
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.09
Excerpt: ...fficient to constitute this cause of action, with the requisite specificity. (See Covenant Care, Inc. v. Superior Court (20!J4) 32 Cal.4th 771, 783 [elements of elder abuse based on neglect, specificity]; Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 152, 155 [caretaking or custodial relationship]; Welt & Inst. Code, S 15510.57, subds. (a)(l), (b); Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1349-1351...
2023.11.02 Motion to Compel Additional Physical Exams 240
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.02
Excerpt: ...aton will be conducted for the purpose of determining, evaluating, and assessing plaintiff's physical condition and alleged injuries related to her spine/back. Claims of continuing, ongoing or permanent problems, if any, will be within the scope of the examination, including claims for future care and/or surgery. The examination will be consistent with the orthopedic practices in Southern California and consultations in connection with such pract...
2023.11.02 Demurrer 897
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.11.02
Excerpt: ... the basis "[t]here is a defect or misjoinder of parties." (Code Civ. Proc., 5430.10, subd. (d).) Additionally, as explained by the Court in Time for Living, Inc. v. Guy Hatfield Homes/ All American Development Co. (1991) 230 Cal.App.3d 30, whether a crosscomplaint "come[s] within the provision of section 428.10, subdivision b), is a pleading issue" which is typically "raised by a demurrer on the ground of misjoinder... (ld. at 40-41.) Based on t...
2023.10.26 Motion to Compel Deposition 430
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.10.26
Excerpt: ...ices of Haight Brown & Bonesteel LLP, 555 South Flower Street, Forty-Fifth Floor, Los Angeles, California 90071. The parties may agree in writing to conduct the deposition at a different date, time, and/or location, or to conduct the deposition by remote means rather than in person. The motion is DENIED as to of documents requested in the deposition notice, as moving party has not provided evidence showing cause. (Code Civ. Proc., S 2025.450, sub...
2023.10.19 Motions to Compel Further Responses 129
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.10.19
Excerpt: ...necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in this action and to report findings and make a recommendation thereon—with the sole exception of Pitchess motions (i.e., motions to obtain information contained in police officer personnel records brought pursuant to Evidence Code sections 1043-1046), which the court will retain and determine directly. (See Code ...
2023.09.28 Demurrer to FAC 196
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.28
Excerpt: ... suit between the same parties or parties in privity with them.' [Citation.) Claim preclusion arises if a second suit involves: (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit. [Citations.] If claim preclusion is established, it operates to bar relitigation of the claim altogether." (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824; see also Grande v. Eisenhower Medical Ce...
2023.09.28 Demurrer to TAC 185
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.28
Excerpt: ...r v. Superior Court (1996) 12 Cal.4th 631, 645 [heightened pleading requirements]; Hahn v. Mirda (2007) 147 Cal. App.4th 740, 748 [elements for fraudulent concealment].). Plaintiff argues on opposition that his claim for fraud is fraudulent concealment, but his cause of acton refers to alleged misrepresentations in support of that claim, and states that Plaintiff "relied on [Defendant's] representations." (SAC, "1 21, 22, and 25). To the extent P...
2023.09.28 Motion for Terminating Sanctions 430
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.28
Excerpt: ...r failure respond. Plaintiffs have also shown that their failure to obey the discovery orders was not willful, but inadvertently caused by their counsel's staffing issues and calendaring mistakes. (See Panah Decl. "1 2-4, 7-10, Exs. 1-2 [responses served on 6/2/23 and 5/7/231.) As for plaintiffs' failure to pay the court-ordered monetary sanctions, "a terminating sanction issued solely because of a failure to pay a monetary discovery sanction is ...
2023.09.21 Motion to Strike 197
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.21
Excerpt: ...urt (1992) 10 Cal.App.4th 1033, 1041-42, and Lehto v. Underground Construction Co. (1977) 69 Cal.App.3d 933, 944.) The facts alleged in the 2ndAC fail to allege fraud as defined in Civil Code section 3294, or an intent to cause plaintiff harm, or despicable conduct by defendant. (See Civ. Code S 3294, subd. "Despicable" conduct means "...conduct that is so vile, wretched, and loathsome that it would be looked down upon by decent people." (See Moc...
2023.09.21 Motion to Enforce Order to Provide Discovery 038
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.21
Excerpt: ... authorizes the court to issue a second order requiring a party comply with previous orders to provide discovery. As there is no authority for the requested relief, and as plaintiff has a series of motions to compel further responses based upon the disputed responses served in response to the court's orders pending, the court declines to issue a second order mandating compliance. The request for issuance of issue sanctions is denied without preju...
2023.09.21 Demurrer to SACC 532
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.21
Excerpt: ...ract (tort), it is barred by the economic loss rule. (See Sheen v. Wells Fargo Bank, N.A. (2022) 12 Cal.5th 905, 922-923 ["there is no liability in tort for economic loss caused by negligence in the performance or negotiation of a contract between the parties"]; Moore v. Centrelake Medical Group, Inc. (2022) 83 Cal.App.5th 515, 535 ["The economic loss rule applies, inter alia, where the parties are in contractual privity and the plaintiff's claim...
2023.09.21 Demurrer 979
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.21
Excerpt: ... and negligence, and otherwise OVERRULED. Defendants shall answer the complaint without 10 days. 3rd cause of acton for breach of oral contract. The third cause of action for breach of oral contract is barred by the statute of frauds. An agreement to forebear from foreclosing on real property under a deed of trust must be in writing and signed by the party to be charged or it is barred by the statute of frauds. (See Secrest v. Security Nat. Mortg...
2023.09.14 Motion to Quash 617
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.14
Excerpt: ...s were incomplete making a second subpoena necessary. A second subpoena for the same documents is not authorized under the CCP. If the response to the subpoena was incomplete, a motion to compel further response was necessary. The Motion as to Perfect Pregnancy, Inc. is GRANTED in part and DENIED in part. The court exercises fts discretion to modify the subpoena and impose a protective order. (ld.) The court orders that the custodians need only p...
2023.09.14 Motion for Judgment Notwithstanding the Verdict 759
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.14
Excerpt: ...iled to produce and evidence in support of the same. Defendants had the right to file both their original answer, and first amended answer. (See Mustalo v. Mustalo (1974) 37 Cal.App.3d 580, 585; A & B Metal Products v. MacArthur Properties, Inc. (1970) 11 Cal.App.3d 542, 647; Code Civ. Proc. S 472, subd. (a).) The amended answer was filed before the opposition to plaintiffs motion to strike was due. Thus both answers were properly filed, precludi...
2023.09.07 Motion for Summary Adjudication 838
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.07
Excerpt: ...or the following reasons, the motion for summary adjudication is DENIED as to Issue 1; and Issue 2 is treated as a motion for judgment on the pleadings and GRANTED with 15 days' leave to amend. ISSUE 1: The undisputed material facts establish that Plaintiff cannot recover noneconomic damages pursuant to Civil Code section 3333.4 because Plaintiff was an uninsured driver at the time of the subject automobile accident. Defendants' first issue is an...
2023.09.07 Motion for Protective Orders 129
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.07
Excerpt: ... a reasonable time after receipt of the subject discovery. (See Code Civ. Proc., SS 2031.060, subd. (a), 2030.090, subd. (a).) The County served the subject discovery on 2/2/23 (ROA No. 85—Mtn. at Exs. 4-6 [attached proofs of service)); plaintiff provided responses tothe same on or about 3/13/23, 3/20/23, and 3/27/23 (see id. at Exs. 1-3); and plaintiff did not move for a protective order until a month after he had already served responses. To ...
2023.09.07 Demurrer 379
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.09.07
Excerpt: ...r constructive knowledge that serious injury was a probable (as opposed to a possible) result; or that moving defendant acted with deliberate indifference and conscious disregard of the peril/probable serious injury. (Dæ v. United States Youth Soccer Assoc. , Inc. (2017) 8 Cal.App.5th 1118, 1140 [elements]; Aubryv. Tri—City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967 [on demurrer, while the court is required to assume the truth of alleged facts,...
2023.08.31 Motion for Summary Judgment 084
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.08.31
Excerpt: ...ving party presents evidence that it did not request plaintiff to provide any services, a quantum meruit claim can arise where the services are provided pursuant to an implied agreement, as well as an express one. (Ochs v. PacifiCare (2004) 115 Cal.App.4th 782, 794 [“To recover on a claim for the reasonable value of services under a quantum meruit theory, a plaintiff must establish both that he or she was acting pursuant to either an express or...
2023.08.31 Demurrer to FAC 244
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.08.31
Excerpt: ...t BLD, made certain representations, either orally or in writing, to Plaintiff on either February 24, 2018 or March 23, 2018. The FAC also alleges that the representations made by Defendants were false and incorrect at the time they were made; that Defendants knew them to be false when the representations were made; that the statements were made with the intent to deceive and defraud Plaintiff in order to induce him to enter into and continue per...
2023.08.24 OSC Re Strike Pleading 271
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.08.24
Excerpt: ... appears to represent Enviro-Holdings. If Enviro-Holdings, LLC, has not retained representation the court will strike Enviro- Holdings, LLC's pleading. Moreover, “a corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney.” (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4t...

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