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2024.05.09 Motion to Reinstate Case and Lift Stay 200
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.09

Excerpt: ... the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbi tration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.” Se...

2024.05.09 Motion for Sanctions 558
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.09

Excerpt: ...to provide dis covery. (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evide nce sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discr...

2024.05.09 Motion for Attorney Fees 532
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.09

Excerpt: ...tar ﬁgure may then be adjusted, based on consideration of factors speciﬁc to the case, in order to ﬁx the fee at the fair market value for the legal services provided.” (Id.) “As the plain wording of section 1794, subdivision (d) makes clear, the trial court is ‘to base th e fee award upon actual time expended on the case, as long as such fees are reasonably incurred —both from the standpoint of time spent and the amount charged.' [...

2024.05.03 Motion for Sanctions 558
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.03

2024.05.03 Motion for Attorney Fees 344
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.03

Excerpt: ...t particular gro und, the matter is properly before the court and the defect in the notice of motion should be disregarded. [Citation].” (Carrasco v. Craft (1985) 164 Cal.App.3d 796, 808.) Here the notice states the Motion is being made upon the accompanying papers. Thus, the defect in the notice is disregarded. Attorneys' Fees “[T]he fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reason...

2024.05.03 Motion to Set Aside, Vacate Default 786
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.03

Excerpt: ...sition of th is Motion. Defendant's Evidentiary Objections to the Declaration of Michael Clauss are OVERRULED. Relief from Default and Default Judgment: Default was entered against Defendant on October 23, 2023 (ROA No. 147). Defendant requests both mandatory and d iscretionary relief under Code of Civil Procedure Section 473, subdivision (b). As to mandatory relief, section 473, subdivision (b) provides: “Notwithstanding any other requirements...

2024.04.25 Motion for Attorney Fees, to Strike or Tax Costs 513
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ...ht $2,451.64 arising from Defendants' failure to pay the HOA assessments plus related fees and costs of suit. On 11/18/20, the parties entered into a stipulated judgment against Defendants in the amount of $5,791.74 with fees/costs to be determined. The Court awar ded $13,500 in attorney fees on 2/11/21. On 4/22/21, the Court granted a motion to set aside the judgment. The Court denied Defendants' motion to disqualify counsel on 6/10/21. The Cour...

2024.04.25 Demurrer 985
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ...y to challenge defects that appear on the face of the pleadings under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) No extrinsic evidence can be considered. (Ion Equipment Corp. v. N elson (1980) 110 Cal.App.3d 868, 881.) Therefore, the Court did not consider facts regarding the PPM or the Evertrust Loan Agreement that appear outside the allegations of the FAC in ruling o...

2024.04.25 Demurrer 146
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ....” (Ladd v. Cou nty of San Mateo (1996) 12 Cal.4th 913, 917.) Plaintiff has sufficiently pled facts to constitute a cause of action for negligence. “[T]he Legislature did not require of regional centers anything like the hour -by -hour monitoring that would have been requir ed to prevent Bobby's tragic death. A regional center is required to establish a “schedule of regular periodic review and reevaluation to ascertain that planned serv...

2024.04.25 Motion for Summary Judgment, Adjudication 272
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ...at there i s no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to ﬁnd the underlying fact in favor of the party opposing the motion in ac...

2024.04.25 Motion to Augment Expert Designation 419
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ...t p. 5:16- 18.) However, Plaintiff has not shown that she ﬁled the instant motion in sufficient time in advance of the time limit for the completion of discovery (the 15th day before the initial trial date) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. (See Code Civ. Proc., §§ 2034.610(b); 2024.030.) Trial in this case has been continued several times. Trial was initially set for 4/10/23...

2024.04.25 Motion to Compel Further Responses 066
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ...errogatories seek the date and address of other purchases or sales of residential real property Defendant has engaged in, either on their own behalf or on behalf of Yu Liu, from 2010 to present. Movants contends this information is relevant to show that Defendant was sophisticated in real estate transactions and that Defendant engaged in fraud and breached the subject purchase contract in this case. In opposition, Defendant contends Plaintiffs th...

2024.04.25 Demurrer 237
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25

Excerpt: ...overy pro cedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal. App. 3d 905, 908.) A party attacking a pleading on “uncertainty” grounds must specify how and why the pleading is uncertain, and where that uncertainty can be found in t...

2024.04.19 Motion to Strike 216
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.19

Excerpt: ... the subject incident g iving rise to this complaint.” (FAC, EX-2 of Exemplary Damages Attachment.) Defendant was so impaired that he had “red/watery eyes, dilated pupils, slow lethargic speech, and difficulty concentrating” when being interviewed by the investigating Officer and failed the sobriety test. (Id.) “Defendant Topps knew from the onset that he must and would subsequently operate or control his vehicle on the public roads and t...

2024.04.19 Motion to Exclude All Accounting Records 151
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.19

Excerpt: ...oanCare's Evidence should be OVERRULED. DMI moves on the grounds that during the Phase 1 of trial “LoanCare testiﬁed that it has no accounting records and for that reason, Judge Schwarm did not order LoanCare to account.” (Notice, 2:5 -7.) Speciﬁcally, during the Phase 1 of trial, DMI sought to compel an accounting against LoanCare based on its second cause of action for Accounting alleged in it Cross -Complaint ﬁled on 2 -25 -21. (Penn...

2024.04.19 Motion to Compel Further Responses 059
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.19

Excerpt: ...nterroga tories 42-45, 58 -61, 74 -77, and 89, which generally seek (1) the contact information of three students who allegedly assaulted Plaintiff and (2) the names and contact information of “Students E -M,” who were thirdparty witnesses to the alleged incident(s). The Court grants the motion as to the ﬁrst category of information but denies the motion without prejudice as to the second category. Code of Civil Procedure section 2017.010 s...

2024.04.19 Motion for Summary Judgment, Adjudication 786
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.19

Excerpt: ...t all times men tioned, each of DEFENDANTS, except as otherwise alleged or contended, are and have been the partners, joint venturers, alter egos, and/or co -conspirators of each other.” (Compl. ¶ 12.) Further, Plaintiff alleged that “DEFENDANTS were “employers” within the meaning of Government Code section 12926(d) . . . .” (Compl. ¶ 8.) Although not initially raised in the MSA, Defendants now claim that Cedar Mountain and not Madiso...

2024.04.11 Motion to Compel Deposition 354
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.11

Excerpt: ...e of C ivil Procedure section 2025.290 provides that depositions in civil cases are generally limited to seven hours of testimony. However, a party is only entitled to ask questions at deposition which are “reasonably calculated to lead to the discovery of admiss ible evidence.” (Code Civ. Proc. § 2017.010.) At this time, Defendant has not shown it is necessary for the Court to enter an order preemptively limiting Defendant's deposition. How...

2024.04.11 Motion to Compel Answers 904
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.11

Excerpt: ...First Set of Form Interrogatories, is GRANTED. Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are dire cted waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the p...

2024.04.11 Motion for Summary Judgment, Adjudication 669
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.11

Excerpt: ...stems, f/k/a T riumph Structures – Los Angeles, Inc., a California corporation and Triumph Group, Inc. “The party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is ...

2024.04.11 Motion for Discovery Protective Orders 492
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.11

Excerpt: ... Protectiv e Order as to Requests for Production are DENIED. Interrogatories and Requests for Admission Plaintiffs have not established their burden of justifying their additional discovery. A propounding party may justify propounding additional special interrogatori es or requests for admissions based on the complexity or quantity of issues within the case. (CCP §§ 2030.040(a)(1) and 2033.040(a).) Here, Plaintiffs only offered justiﬁcations ...

2024.03.21 Motion to Compel Physical, Mental Exam 012
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.21

Excerpt: ...ve of court. Sections 2032.310 and 2032.3 20 provide for additional physical examination with leave of court if good cause is shown. (See Shapira v. Superior Court (1990) 224 Cal.App.3d 1249 -1256.) Defendant has demonstrated there is good cause to allow additional examinations. Plaintiff listed 72 injuries in response to Form Interrogatory 6.2 and stated he consulted with 15 different providers in response to Form Interrogatory 6.4, including a ...

2024.03.14 Motion for Terminating Sanctions 014
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.14

Excerpt: ...amily Trust failed to pay sanctions as ordered by this Court on 10- 19-23. Thus, Defendants violated the 10- 19-23 and 11 -16- 23 orders. Therefore, Defendants' conduct is sanctionable. Nonmonetary Sanctions Defendants' conduct does not warrant terminating sanctions. Terminating sanctions are appropriate wh en the “violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce complianc...

2024.03.14 Motion for Attorney Fees 931
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.14

Excerpt: ... which was opposed by defendant Philippe G. Delbar, as noticed on Febr uary 22, 2024. At that time, it held that plaintiff is entitled to recover its reasonable attorneys' fees under Civ. Code § 5975 but that fees and costs would only be awarded up to the time of the initial entry of default judgment on the complaint on Marc h 1, 2002 and on the instant fees motion. The Court therefore continued the hearing on the motion to March 14, 2024, and o...

2024.03.14 Motion to Strike or Tax Costs 532
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.14

Excerpt: ...urt to recover as part of the judgment a sum equal to the aggreg ate amount of costs and expenses . . . determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code § 1794(d).) “If the items appearing in a cost bill appear to be pro per charges, the burden is on the party seeking to tax costs to show that were not reasonable or necessary. On the other ha...

2024.03.14 Petition for Writ of Mandate 010
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.14

Excerpt: ...s required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the infe rior tribunal, corporation, board or officer…” (Code Civ. Proc., §1094.5, subd. (a).) “The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; an d whether there was any prejudicial abuse of discretion.” (C...

2024.03.07 Motion to Compel Further Responses 059
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.07

Excerpt: ...f Documents No. 7. Generally, Plaintiff moves to compel Defendant District to provide the following information and documents: (1) contact information of three students who allegedly assaulted Plaintiff; (3) names and contact information of “Students E -M,” who were third party witnesses to the alleged incident(s); and (3 ) Documents reﬂecting witness statements of third parties regarding the incident(s). Defendant objects and refuses to pr...

2024.03.07 Motion for Summary Judgment, Adjudication 039
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.07

Excerpt: ... persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to ﬁnd the underlying fact in favor of the party opposing the...

2024.03.07 Demurrer, Motion to Strike 363
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.07

Excerpt: ...h 230, 251 -252, citing Bus. & Prof. Code, §17200.) “B ecause…section 17200 is written in the disjunctive, it establishes three varieties of unfair competition – acts or practices which are unlawful, or unfair, or fraudulent.” (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 252.) Relevant herei n, “[b]y proscribing ‘any unlawful' business practice, ‘section 17200 ‘borrows' violations of other laws and treats them a...

2024.03.07 Demurrer 212
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.03.07

Excerpt: ...complaint controverted by the defendant. (2) A statement of any new matter constituting a defense.” (Code of Civil Procedure Section 431.30(b).) The answer must aver facts “as carefully and with as much detail as the facts which constitute the cause of action and which are alleged in the complaint.” (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App. 3d 367, 384.) An exception to this rule is the statute of limitations under Code of Civ...

2024.02.29 Motion to Tax Costs 079
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.29

Excerpt: ...der Code of Civil Procedure section 1032. However, Defendants also seek to recover expert witness fees under Code of Civil Procedure section 998. Plaintiff contends Defendants' Code of Civil Procedure section 998 offers were unreasonable. Defendants served a 998 offer of $5,000 on 9/28/20 and a s econd 998 offer of $25,000 on 12/6/21. The second offer was served after Defendants' expert Dr. Kiester conducted an examination of Plaintiff and prepar...

2024.02.29 Motion for Terminating Sanctions 234
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.29

Excerpt: ...discovery and disobeying a court order are misuses of the discovery process. (C CP § 2023.010(d) and (g).) Here, Plaintiff failed to provide further responses, produce the component parts, and pay the sanctions within 30 days as ordered by this Court. Plaintiff argues that it has since complied with the 11 -9 -23 order, however, the dec laration does not contest that Plaintiff failed to comply within the 30 days required by the order. Thus, Plai...

2024.02.29 Demurrer 795
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.29

Excerpt: ... the doctrine of issue preclusion, and failure to state suff icient facts. Statute of Limitations A demurrer on limitations grounds will not lie where the action may be, but is not necessarily barred: it must appear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily b arred. (Lee v. Hanley (2015) 61 Cal.4th 1225, 1232). Under California law, the statute of limitations for a fraud claim is three year...

2024.02.23 Motion for Bifurcation 305
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.23

Excerpt: ...or [¶] (2) They have a claim, right, or interest adverse to the defendant in the property or controversy which is the subject of the action.” (Code Civ. Proc., § 378, subd. (a), emphasis added.) “It is not necessary that each plaintiff be interested as to every cause of action or as to all re lief prayed for. Judgment may be given for one or more of the plaintiffs according to their respective right to relief.” (Id., § 378, subd. (b).) S...

2024.02.23 Motion for Attorney Fees, to Strike or Tax Costs 931
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.23

Excerpt: ...ss unreasonable, and shall inure to the beneﬁt of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both. (b) A governing document other than the declaration may be enforced b y the association against an owner of a separate interest or by an owner of a separate interest against the association. ...

2024.02.23 Demurrer, Motion to Strike 088
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.23

Excerpt: ...m Pleading Defendants argue that Plaintiff should n ot be allowed to amend his pleadings because the facts alleged regarding the amount due is incorrect and any subsequent complaint will be a sham. Under the sham pleading doctrine, the trial court may disregard amendments that omit harmful allegations in the original complaint or add allegations inconsistent with it. (State of California ex rel. Metz v. CCC Information Services, Inc. (2007) 149 C...

2024.02.16 Motion for Attorney Fees 891
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.16

Excerpt: ...2, 1131 (Ketchum).) The “prevailing defendant on a motion to stri ke be allowed to recover attorney fees and costs only on the motion to strike, not the entire suit.” (LaFayette Morehouse, Inc. v. The Chronicle Publishing Co. (1995) 39 Cal.App.4th 1379, 1383; S.B. Beach Properties v. Berti (2006) 39 Cal.4th 374, 381.) The award of fees may include “the fees incurred in enforcing the right to mandatory fees under Code of Civil Procedure sect...

2024.02.16 Motion for Summary Judgment, Adjudication 723
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.16

Excerpt: ...e not ruled upon are preserved for appeal. (Code Civ. Proc. § 437c(q).) As a threshold issue, Vizio argues this motion is moot and/or barred by judicial estoppel because the court previously found a triable issue of material fact exists as to whether Plaintiff is a third party beneﬁciary under the GPL license. (ROA 161.) The Court found that “the language of the GPLs is not so certain so as to preclude other interpretations.” (Ibid.) “Ju...

2024.02.08 Motion to Dismiss 594
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.08

Excerpt: ...dant 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.” “‘The purpose of ... section 474 is to enable a plaintiff who is ignorant of the identity of the defendant to ﬁle his [or her] complaint before his [or he r] claim is barred by the statute of limitations.'” (Streicher v. Tommy's Electric Co. (1985) 164 Cal.App.3d 876, 882 (S...

2024.02.08 Motion to Compel Arbitration 182
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.08

Excerpt: ...hich applies to Plaintiff's claims against both Defendants. The RISC provides in pertinent part: “ARBITRATION PROVISION PLEASE REVIEW – IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATE D, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGA...

2024.02.08 Demurrer 426
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.08

Excerpt: ... In the ﬁrst cause of action for breach of contract, pl aintiff alleges that, in May 2018, she was “offered employment as the clinical director of Crest Recovery dba Truvida Recovery for a salary and a 3% proﬁt -sharing interest, among other beneﬁts.” (TAC, ¶ 67.) Plaintiff alleges that she “signed an offer le tter agreement which was dated April 23, 2018 and a Bonus Compensation Addendum to her employment agreement of May 5, 2018, w...

2024.02.01 Motion to Strike 504
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01

Excerpt: ...ncing evidence that the defendant has been guilty of oppression, fraud, or malice, the plainti¯, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” (Civ. Code §3294, subd. (a).) Civil Code section 3294, subdivision (c)(1) deÞnes “malice” as “conduct which is intended by the defendant to cause injury to the plainti¯ or despicable conduct which is carried on by the de...

2024.02.01 Motion to Strike 442
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01

Excerpt: ...1-01236442, which is a proceeding in probate court. Plainti¯ opposes the motion and objects to the certain of the documents for which judicial notice is requested, including a declaration that he Þled in this case in connection with an ex parte application for a TRO and OSC re: preliminary injunction. In that all documents were Þled in this action or the probate action, the Court takes judicial notice of them. To the extent that the notice of...

2024.02.01 Motion to Compel Arbitration 347
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01

Excerpt: ...action involving commerce.'” (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277 [quoting 9 USC § 2] [emphasis in original].) The arbitration provision contained in the Residence and Service Agreement (“RSA”) states that claims including claims for personal injury or wrongful death shall be resolved by binding arbitration “in accordance with the Federal Arbitration Act.” (Zaragova Decl., Ex. B, para. 19.) Plainti...

2024.02.01 Motion for Summary Judgment, Adjudication, Petition for Alternative Writ of Mandate 435
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01

Excerpt: ...), which provides that “summary adjudication shall be granted only if it completely disposes of a cause of action, an a¯irmative defense, a claim for damages, or an issue of duty.” (Emphasis added.)) The complaint (ROA 2) contains a single cause of action for medical negligence. It alleges that, on December 26, 2021 and thereafter, all Defendants, including the moving Defendant, undertook the care and treatment of the plainti¯ in connecti...

2024.02.01 Motion for Preference 226
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01

Excerpt: ...he following Þndings: [¶] (1) The party has a substantial interest in the action as a whole. [¶] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. . . . (f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motio...

2024.02.01 Demurrer, Motion for Sanctions, to Strike Complaint 524
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01

Excerpt: ... memorandum as waiver of all grounds not supported. CRC 3.1113(a). Based upon these grounds, the Court sustains the unopposed demurrer. Although the demurrer is unopposed, the Court Þnds that Plainti¯ should be given an opportunity to cure the defects in the operative complaint that were raised by Defendant in the demurrer. First Cause of Action – Negligence The statute of limitations for negligence, other than personal injury or property da...

2024.01.18 Motion to Strike Complaint 465
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.01.18

Excerpt: ... entered into after mediating a prior lawsuit between them. Defendants contend that the action arises from activity "in furtherance of" their right to petition or free speech, which makes it subject to being stricken through an antSLAPP motion under section 425.16. They also contend that they are entitled to an award of attorneys' fees under subdivision (c) of section 425.16 for bringing a successful ant-SLAPP motion. Plaintiff opposes the moton....

2024.01.18 Motion to Consolidate 179
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.01.18

Excerpt: ...e Notice of this Motion in the Wrongful Death Case. On 12- 14-23, Defendants filed Notice of Motion in the wrongful Death Case, which includes a copy of the instant Motion. The Court finds that this complies with California Rules of Court, rule 3.350. Merits Consolidation is provided for by Code of Civil Procedure section 1048, which provides that when there are actions "involving a common question of law or fact are pending before the court, it ...

2024.01.18 Motion for Sanctions 095
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.01.18

Excerpt: ...eserve evidence for another's use in pending or future litigation. While there is no tort cause of action for the intentional destruction of evidence after litigation has commenced, it is a misuse of the discovery process that is subject to a broad range of punishment, including monetary, issue, evidentiary, and terminating sanctions." (Willaims v. Russ (2008) 167 Cal.App.4th 1215, 1223.) CCP S 2023.030 provides as follows: Misuses of the discove...

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