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2023.12.11 Motions to Compel Arbitration 637
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.12.11
Excerpt: ...ntiff's 2nd and 3rd causes of action for retaliation and failure to prevent discrimination/ harassment/ retaliation are based, in part, on Defendant DANNY's conduct and Defendants MANPOWER and B. BRAUN's alleged retaliation, failure to prevent retaliation, and termination of Plaintiff for reporting and complaining about DANNY's behavior towards Plaintiff. See Compl. 43-45 [for reporting Defendants' discriminatory and harassing conduct towards her...
2023.12.11 Motion to Compel Deposition, for Sanctions 883
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.12.11
Excerpt: ...f record, jointly and severally. Plaintiff also moves for an order compelling the deposition of Defense Medical Examination Physician, Philip K. Stenquist, M.D„ and awarding a monetary sanction in the amount of $2,500 against Defendants, Wurth Louis and Company and Cesar Salas and their attorneys of record, jointly and severally. The Motions are DENIED in their entirety. Defendants' objection based on Code of Civil Procedure section 2034.410 ap...
2023.12.11 Motion to Compel Arbitration 535
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.12.11
Excerpt: ...o the Complaint as Exhibit A. It is between Plaintiff, as the buyer, and Life Cycle, as the seller. Paragraph 31.A of that agreement provides, in relevant part: The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transacton before resorting to arbitration or court action through the C.A.R. Consumer Mediation Center (www.consumermediaton.org) or through any other mediation provider or serv...
2023.12.11 Motion for Summary Judgment, Adjudication 697
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.12.11
Excerpt: ...White Oaks, LLC ("White Oaks Landlord") move this Court for Summary Judgment or, in the alternative, Summary Adjudication. For the reasons stated herein, the motion is GRANTED. l. Burdens on Summary Judgment/Adjudicaton As a plaintiff moving for summary judgment/adjudicaton, plaintiff Simon has the burden of producing admissible evidence on each element of the cause of action entitling it to judgment (CCP It is not plaintiff's burden to disprove ...
2023.12.11 Motion for Sanctions 384
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.12.11
Excerpt: ...rocedure S 2023.010(g) defines the misuse of discovery process to include "[dlisobeying a court order to provide discovery." Code of Civil Procedure S 2023.030(d) grants the Court authority to impose terminating sanctions for misuse of discovery process by striking out pleadings. The Court may impose a monetary, issue, evidence, or terminating sancton against any party engaging in misuse of the discovery process. Code Civ. Proc. S 2023.030. On Au...
2023.12.04 Petition for Writ 788
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.12.04
Excerpt: ...re Michael Stamos (Dean of the School of medicine at UCI) and Regents of the university of California. Petitioner seeks relief pursuant to Code of Civil Procedure SS 1085 (ordinary mandate) and 1094.5 (administrative mandate). As explained in Bunnett v. Regents of Univ. of California: The proper method of obtaining judicial review of most public agency' decisions is by instituting a proceed-ng for a writ of mandate. Statutes provide fortwo types ...
2023.12.04 Motion to Stay Proceedings, to Dismiss 205
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.12.04
Excerpt: ...action based on forum non conveniens. Defendants A2E Advisors ("A2E"); Blattner Technologies SPV 1, LLC ("SPV"); and Unicorn & Lion, LLC ("Unicorn") have also jointly filed their own Motion to Dismiss on the same grounds. In most circumstances, California law considers mandatory forum selection clauses presumptively valid and enforceable: "'California favors contractual forum selection clauses as long as they are entered into freely and voluntari...
2023.12.04 Motion to Compel Production 007
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.12.04
Excerpt: ..., Plaintiff has submitted evidence showing that two filing fees were paid. In addition, pursuant to the Court's November 13, 2023 Minute Order, the parties were to "file a Joint Statement setting forth the efforts made by counsel to meet and confer, as well as stating what issues remain for the Court and why the parties were unable to resolve their issues . " no later than 9 court days before the continued hearing date. ROA 95. The parties timely...
2023.11.27 Demurrer, Motion to Strike 938
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.27
Excerpt: ...osal to result in the formation of a contract, the proposal 'must be sufficiently definite, or must call for such definite terms in the acceptance, that the performance promised is reasonably certain."' Weddington Productions, Inc. v. Flick, 60 Cal. App. 4th 793, 811 (1998). "A proposal 'cannot be accepted so as to form a contract unless the terms of the contract are reasonably certain." ld. "The terms of a contract are reasonably certain if they...
2023.11.27 Motion for Declaratory Judgment, for Leave to File Amended Complaint 356
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.27
Excerpt: ... insurer, where it is conceded that such policy insuring the property for wrongful destruction or unwarranted removal." A basic tenet of motion practice is that the notice of motion must state the grounds for the order being sought (Code Civ. Proc., S 1010; California Rules of Court, rule 3.1110(a)), and courts generally may consider only the grounds stated in the notice of motion. Kinda v. Carpenter, 247 Cal. App. 4th 1268, 1277 (2016). "The pur...
2023.11.27 Motion for Preliminary Injunction 111
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.27
Excerpt: ...s entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a part...
2023.11.27 Motion to Compel Arbitration 205
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.27
Excerpt: ...d that Intersection entered into a written agreement to serve as financial advisor and placement agent to üJadSpring Solutions, Inc. ("Loadspring"), that agreement contains a pre-dispute arbitration clause wherein all parties gave up the right to sue each other in court and acknowledged that any disputes arising out of the agreement must be submitted to bindng arbitration, all claims against Intersecton arise out of Intersection's provision of s...
2023.11.27 Motion to Compel Arbitration 218
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.27
Excerpt: ...ten agreement to arbitrate the controversy.'" Gamboa v. Northeast Community Clinic, 72 Cal. App. 5th 158, 155 (2021); Cal. Rules of Court, rule 3.1330. "The moving party can meet its initial burden by attaching to the motion or petition a copy of the arbitration agreement purporting to bear the opposing party's signature." ld. (internal citations omitted). "If the moving party meets its initial prima fac:ie burden and the opposing party does not ...
2023.11.27 Motion to Quash Subpoena 065
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.27
Excerpt: .... of Kalaf '1 3. Notably, while Attorney Kalaf declares that the subpoena is attached as Ex. A, there is no Ex. A attached to his declaration. However, that document is attached to the Declaration of Daughters 6, Ex. D. There is no suggestion from Plaintiff that Habib American Bank is his current employer, but rather, is a place where he worked after his employment with Defendant ended. Plaintiff seeks to quash the subpoena on the sole basis of p...
2023.11.27 Motion to Set Aside or Vacate Default, Judgment 847
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.27
Excerpt: ...missal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." Code Civ. Proc., S 473(b) (emphasis added). "The statute's 'broad remedial provisions' are to be 'liberally applied to carry out the policy of permitting trial on the merits.' The party seeking relief, however, bears the burden of proof in establishing a right to relief. The burden is a 'Mdouble'"' one: the moving...
2023.11.27 Motion to Strike 717
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.27
Excerpt: ... constituted malice, oppression, or fraud. Defendants argue that the FAC adds no additional facts and provides zero factual allegations supporting Plaintiff's conclusions that Defendants acted in a "deliberate, cold, callous, malicious, oppressive, and intentional manner in order to injure and damage him." The new allegations in the FAC are found in Paragraphs 65 and 71. Those allegations state that Defendant Shigenari, Chief Executve Officer, "k...
2023.11.20 Motion to Compel Answers 982
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.20
Excerpt: ...ature of the basic interrogatory at issue, it does not appear to the Court that additional efforts to meet and confer would likely bear fruit. However, the Court admonishes all parties to conform to statute requiring meet and confer by telephone or in person, NOT by email or correspondence. Nevertheless, the Court addresses the merits of the motion. Each answer in a response to interrogatories shall be as complete and straightforward as the infor...
2023.11.20 Motion for Summary Judgment, Adjudication 283
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.20
Excerpt: ...g for summary judgment satisfies his or her initial burden by showng that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. Cuie Civ. Proc. S 437c(p)(2). The scope of this burden is determined by the allegations of the plaintiff's complaint. FPI Development v. Nakashima, 231 Cal. App. 3d 367, 381-382 (1991) (pleadings serve as the outer measure of materiality in a summary...
2023.11.20 Demurrer, Motion to Strike 834
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.20
Excerpt: ...nts of any negligence cause of action are duty, breach of duty, proximate cause, and damages." Peredia v. HR Mobile Services, Inc., 25 Cal. App. 5th 680, 687 (2018). It is undisputed that Plaintiff's negligence claim against Alorica is premised on Alorica's alleged breach of a non-contractual duty it owed to Plaintiff. Liability for negligent conduct may only be where there is a duty of care owed by the defendant to the plaintiff or to a class of...
2023.11.13 Motion for Summary Judgment, Adjudication 712
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.13
Excerpt: ...rial fact and that the moving party is entitled to a judgment as a matter of law.' To determine whether a triable issue of material fact exists, the court must consider all evidence laid out in the moving papers and all inferences reasonably deducible from the evidence. A triable issue of material fact exists if, 'the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordanc...
2023.11.13 Motion for Leave to File Amended Complaint 007
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.13
Excerpt: ...s the merits. The Court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceedng by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. Code Civ. Proc. S 473(a)(1). California courts generally exercise their discretion liberally to permit the a...
2023.11.13 Demurrer, Motion to Strike 635
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.13
Excerpt: ...efendant's claims under the 1/1/17 promissory note, fails to state a cause of action. The Demurrer and Motion to Strike are both predicated in the argument that the entire FACC hinges on the 1/1/17 promissory note, which is no longer at issue in the First Amended Complaint ("FAC"). The Court finds this argument unpersuasive for two main reasons. First, whether the 1/1/17 promissory note is at issue in the FAC has no bearing on whether Cross-compl...
2023.11.13 Demurrer, Motion to Strike 284
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.13
Excerpt: ...e statute of limitations. The applicable statute of limitations for this cause of acton is set forth in Business and Professions Code section 17208 and is four- years. Here, the Complaint alleges that Defendant "advertised, called attention to, or gave publicity to the sale of merchandise" "[o]n or about May 6, 2019: and that he purchased the vehicle on or about this date. See Complaint, "1 4 and 53. As such, as to this cause of action, the statu...
2023.11.03 Motion to Compel Further Responses 339
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.03
Excerpt: ... responses to Requests for Production, Set Two ("RFP 2"), Nos. 68-70, 72, 77, and the production of a privilege log from Second TL. RLC additionally moves for an order imposing monetary sanctions against Second TL and/or its counsel in the amount of reasonable attorneys' fees and costs incurred in bringing this motion. SPROG 2, Nos. 35-37, 45 If a timely motion to compel has been filed, the burden is on the responding party to justify the adequac...
2023.11.03 Motion for Summary Judgment, Adjudication 727
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.11.03
Excerpt: ...of the causes of achon for negligence, negligent hiring/ supervision/ retention, and vicarious liability. The Moton is unopposed. Plaintiff's achon arises out of an April 3, 2020 phone call during which she alleges that she was threatened and harassed. Separate Statement of undisputed Material Facts ("UMF") No. 9. The individual who made the call was Defendant Johnny Nava. UMF No. 11. Mr. Nava made the phone call with Defendant Rodolfo Gutierrez....

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