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160 Results
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2023.02.17 Demurrer
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.17
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.17
Excerpt: ...greement between plaintiff and the decedent (Mary Nguyen, defendants' mother). Defendants are not alleged to be parties to that oral agreement. More specifically, plaintiff entered into an oral agreement with the decent in 2015, whereby they would co-purchase certain property, would reside together and split costs, that title would be held in the decedent's name only (because plaintiff was not yet eligible to own a mobile home in the Bali Hi Mobi...
2023.02.10 Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.10
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.10
Excerpt: ...e court notes that the alleged contract was for compensation, not for employment. (See 4thAC, Exh. A [“This compensation plan is not a contract for employment…”].) As such, defendants' arguments regarding an at-will employment are not well taken. Further, Asmus v. Pacific Bell (200) 23 Cal.4 th 1, relied upon by defendants, is not helpful at this pleading stage. Defendants cite Asmus for the proposition that an employer is within its rights...
2023.02.10 Demurrer
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.10
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.10
Excerpt: ...s), 5th AD (equitable abstention), 6th AD (good faith), 7th AD (unforeseen circumstances), and 8th AD (estoppel). Importantly, the general answer responds to a complaint based on a single cause of action for violating Section 17200 et seq of the California Business and Professions Code, commonly referred to as the Unfair Competition Law (UCL). The answer contains mostly boilerplate defenses that often appear in answers, and withou...
2023.02.03 Motion to Quash Service of Summons
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.03
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.03
Excerpt: ...al.App.4th 556, 570. Here, Plaintiffs have not provided any evidence, let alone evidence to establish the court has jurisdiction over moving defendant. The court notes that Plaintiffs' First Amended Complaint is not verified, and “an unverified complaint has no evidentiary value in determination of personal jurisdiction.” (Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710.) By contrast, moving defendant has presented a declaration that ...
2023.02.03 Motion to Dismiss
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.03
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.03
Excerpt: ...ter notice to the parties, if the action is not brought to trial within the time prescribed ….” (Code Civ. Proc., § 583.360(a).) Dismissal is mandatory and “not subject to extension, excuse, or exception except as expressly provided by statute.” (Code Civ. Proc., § 583.360(b).) “Under the press of this statutory requirement, anyone pursuing an ‘action' in the California courts has an affirmative obligation to do what is necessary to...
2023.02.03 Motion to Compel Further Responses
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.03
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.03
Excerpt: ... According to the moving papers, Defendant refused to respond at all, other than objections. The party asserting objections bears the burden of establishing the validity of those objections. (Coy v. Super. Ct. (1962) 58 Cal.2d 210, 220‐221.) Because Defendant failed to meet this burden, the motions are granted. Because Defendant failed to provide the court with substantial justification for the objections, the finds that sanctions are warranted...
2023.02.03 Demurrer to SAC
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.03
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.02.03
Excerpt: ...defects in the First Amended Complaint (“FAC”). On 08/29/2022, the court sustained with leave to amend the demurrer to the FAC, ruling in relevant part that “[w]ith respect to a claim for active concealment or suppression of the facts, the FAC does not allege facts to show that Defendant Shen had any duty to disclose to Plaintiff.” Here, the SAC cures that defect, alleging that Defendant Shen's references to the business as a “clinic,�...
2023.01.20 Motion for Leave to File Amended Cross Complaint
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.01.20
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.01.20
Excerpt: ...2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph and line number, the deleted allegations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. Also, pursuant to subsection “b”, a separate declaration must accompany the motion and must spe...
2023.01.20 Demurrer to SAC
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.01.20
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.01.20
Excerpt: ...ented evidence that, prior to the telephonic meet-and-confer, she advised Plaintiff's counsel of Moving Defendants' intent to demur to the second through sixth causes of action. She also represents that, during the subsequent telephonic conference, the parties discussed the demurrer to all five causes of action. Based on the evidence presented, the Court finds Moving Defendants substantially complied with section 430.41, subdivision (a) of the Co...
2023.01.20 Demurrer
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.01.20
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2023.01.20
Excerpt: ...judicially noticeable matters. In sum, this appears to be an improper “speaking demurrer”. Request for Judicial Notice: Moving Defendant requests the court take judicial notice of certain filed documents – to wit, (1) Plaintiff's Motion for An Order to Set Aside Dismissal of Plaintiff's Complaint and the accompanying Declaration of Ernest J. Lingerfelter and Exhibits Thereto and (2) a Minute Order dated August 18, 2022. The request is GRANT...