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2024.05.14 Motion to Compel Production 084
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.14
Excerpt: ...NUED to 06/ 25/2024 at 9:00am in Dept. C32. Code of Civil Procedure section 2031.310 provides: “(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] (2) A representation of inability to comply is ...
2024.05.14 Motion for Discovery 562
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.14
Excerpt: ... to Compel Deposition of Non-Party Deponents. For example, Plaintiffs have already begun engaging in discovery by issuing business records subpoenas (Subpoenas) to Non -Party Deponents on 9/29/23 (Motion, at. p. 3:5 -7, Exs. A, B), Plaintiffs have already tried to meet and confer with Non- Party Deponents without success (Motion, at. p. 3:8 -11, Exs. A, B; see also Declaration of Salar Atrizadeh, ¶¶ 4, 9), Plaintiffs contend they “have the ri...
2024.05.14 Demurrer 798
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.14
Excerpt: ...he breach of contract allegations against it versus Cross- Defendant Tierney is unclear. Cross -Complainant responds that Movant is liable based on the alter ego allegations contained at paragraph 5 of the Cross -Complaint. “In California, two conditions must be met before the alter ego doctrine will be invoked. First, there must be such a unity of interest and ownership between the corporation and its equitable owner that the separate personal...
2024.05.07 Motion to Compel Deposition 906
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.07
Excerpt: ... after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the depositio...
2024.05.07 Motion for Attorney Fees 540
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.07
Excerpt: ...�the court, in its discretion, may award to the prevailing party…reasonable attorney's fees and costs…except that…a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.” (Gov. Code, § 12965(c)(6); Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 115.) �...
2024.05.07 Demurrer 119
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.07
Excerpt: ...cts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a p leading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empi...
2024.04.30 OSC Re Preliminary Injunction 187
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.30
Excerpt: ...arties.” (Pl easant Hill Bayshore Disposal, Inc. v. Chip -It Recycling, Inc. (2001) 91 Cal. App. 4th 678, 695.) The plaintiff has the burden of proof to show “upon a verified complaint, or upon affidavits” all elements necessary to support the issuance of a preliminary injunction. (Code Civ. Proc., § 527, (a); O'Connell v. Sup. Ct. (2006) 141 Cal.App.4th 1452, 1481.) Although an OSC re: Preliminary Injunction directs the responding party ...
2024.04.30 Motion to Compel Arbitration and Stay Proceedings 022
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.30
Excerpt: ...applies where there is ‘a contract evidencing a transaction involving commerce.'” (Allied- Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277 [quoting 9 USC § 2] [emphasis in original].) Here, HMA moves to compel arbitration under a: (1) Owner's Handbook & Warranty Information (“Warranty”), and (2) Motor Vehicle Lease Agreement (“Lease”). Both the Warranty and the Lease provide that the agreement to arbitrate will be g...
2024.04.30 Motion for Summary Judgment, Adjudication 375
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.30
Excerpt: ... any triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) Simply put, “[i]f a party moving for summary judgment in any action . . . would prevail at trial without submission of any issue of material fact to a trier of fact for determination, then he should prevail on summary judgmen...
2024.04.30 Motion for Attorney Fees 409
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.30
Excerpt: ...TTORNEYS' FEES The successful defendant on an anti -SLAPP motion is entitled to recover its attorney fees and costs as a matter of right. (Code Civ. Proc., § 425.16, subd. (c); Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131, 104 Cal.Rptr.2d 377, 17 P.3d 735 [“any SLAPP d efendant who brings a successful motion to strike is entitled to mandatory attorney fees”].) Unless the results of the anti - SLAPP Motion were so insignificant that defenda...
2024.04.23 Motion for Summary Judgment, Adjudication 583
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.23
Excerpt: ...establishe s an affirmative defense to that cause of action. (p) For purposes of motions for summary judgment and summary adjudication: (1) A plaintiff or cross -complainant has met his or her burden of showing that there is no defense to a cause of action if that par ty has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or crosscomplainant has met that burden, the burden shif...
2024.04.23 Motion to be Relieved as Counsel, to Compel Responses, for Monetary Sanctions 781
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.23
Excerpt: ...ses to Special Interrogatories, Set One, and Request for Monetary Sanctions Plaintiff Colleen Curtin's unopposed Motion to Compel Defendant Alexandra Mendoza's Initial Responses to Form Interrogatories, Set One and Special Interrogatories, Set One, is GRANTED. A party's failure to timely respond to interrogatories results in a waiver of any objections to the requests. (Code Civ. Proc. § 2030.290(a).) If a party to whom interrogatories fails to s...
2024.04.23 Motion to Compel Arbitration and Stay Proceedings 288
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.23
Excerpt: ...el arbitration und er Section 1281.2 must prove by a preponderance of the evidence that: (1) The parties entered into a written agreement to arbitrate; and (2) one or more of the claims at issue are covered by that agreement. (Code Civ. Proc., § 1281.2; Villacreses v. Molina ri (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a defense to e...
2024.04.23 Motion to Contest Application for Good Faith Settlement 345
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.23
Excerpt: ...;s injuries.' [Citation.] ” (PacifiCare of California v. Bright Medical Associates, Inc. (2011) 198 Cal.App.4th 1451, 1464 (PacifiCare.) The California Supreme Court in Tech -Bilt v. Woodward -Clyde & Assoc. (1985) 38 Cal. 3d 488 (Tech- Bilt), set forth the factors to consider. The fa ctors are: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocat...
2024.04.16 Motion for Terminating Sanctions 549
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ..., § 2023.030; Cedars– Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12, 74 Cal.Rptr.2d 248, 954 P.2d 511.) As relevant here, misuses of the discovery process include “[f]ailing to respond or to submit to an authorized method of discovery” (Code Civ. Proc., § 2023.010, subd. (d)); “[m]aking, without substantial justification, an unmeritorious objection to discovery” (id., § 2023.010, subd. (e)); “[m]aking an evasive r...
2024.04.16 Motion for Summary Judgment, Adjudication 978
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ...ctions are preserved for appeal. In the operative Third Amended Complaint, Breakaway asserts causes of action against Hoorizadeh and White Ridge for fraud (second cause of action), negligent misrepresentation (fourth cause of action) and aiding and abetting fraud (seventh cause of action). Meridian asserts causes of action against Hoorizadeh and White Ridge for fraud (first cause of action), negligent misrepresentation (third cause of action), a...
2024.04.16 Motion for Summary Judgment, Adjudication 778
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ...jections ( ROA 1122) as immaterial to the Court's ruling but the objections are preserved for purposes of appeal. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 526 [“the trial court's failure to rule expressly on any of Google's evidentiary objections did not waiv e them on appeal”]) On 12/6/22, the Court sustained Movants' demurrer to the fourth, fifth, and sixth causes of action against Movants in the TAC. Movants seek summary judgm...
2024.04.16 Motion for Summary Judgment, Adjudication 372
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ...d Code of Civ il Procedure section 437c(c) states, “(c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In de termining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to...
2024.04.16 Motion for Summary Judgment, Adjudication 061
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.16
Excerpt: ...mplaint (FACC). The motion also requests summary adjudication of the first cause of action for common counts in the Law Firm's complaint. The motion is MOOT as to Jocelyn Plummer because the Court entered judgment on the FACC in favor of Jocelyn Plummer on 4/4/24 after sustaining her demurrer without leave to amend. As to the remaining Movants, the motion is DENIED in its entirety. Movants' request for judicial notice (ROA 1356) is granted as to...
2024.04.09 Motion to Strike 284
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.09
Excerpt: ...content of a website. (Searles Valley Minerals Operations, Inc. v. State Board of Equalization (2008) 160 Cal.App.4th 514, 519; See also LG Chem, Ltd. v. Superior Court of San Diego County (2022) 80 Cal.App.5th 348, 362, fn. 7.) Pursuant to Code of Civil Procedure sec tion 436, the Court may, upon a motion made pursuant to section 435 or at any time in its discretion, strike out “any irrelevant, false, or improper matter inserted in any pleadin...
2024.04.09 Motion to Compel Arbitration 431
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.09
Excerpt: ...voluntarily waives each party's right to a jury trial and court trial. (Lazarus v. Titmus (1998) 64 Cal.App.4th 1242, 1248).” (ROA No. 10.) The present motion to compel arbitration was filed on 8/24/23 and is unopposed. On 1/8/24, Plaintiff filed and served a subst itution of attorney stating that counsel Lenden Webb substituted for Plaintiff's former counsel Christopher Olsen. On 1/9/24, the Court continued the hearing on this motion and ord...
2024.04.09 Motion for Terminating Sanctions 549
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.09
Excerpt: ...Chang's medical condition.” On 12/12/23, the Court granted Plaintiff Dean Chang's (Plaintiff) unopposed motion to compel the deposition of Defendant Lucille Chang (Defendant), ordering Defendant to appear for deposition and produce documents pursuant to the deposi tion notice no later than 2/29/24, and awarding sanctions of $4,525 in sanctions against Defendant. Defendant did not oppose the motion to compel her deposition which was granted on 1...
2024.04.09 Motion for Summary Judgment, Adjudication 521
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.09
Excerpt: ...437c(a)(1).) “A p arty may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damag...
2024.04.09 Demurrer 788
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.09
Excerpt: ...stitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured. An action brought by the Attorney General, any district a...
2024.04.02 Motion to Strike 633
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.02
Excerpt: ...ive dam ages, Plaintiff must establish Defendants are guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) Moreover, Civil Code section 3294(b) provides, “An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an em ployee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others...

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