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2024.05.31 Petition for Writ of Mandate and Complaint 387
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.31
Excerpt: ...e in this action are Respondent City of Newport Beach's duties under Stats. 1978, ch. 74 (the “Land Grant”) which transferred title to tidelands and submerged lands in Newport Bay from the State to the City. Petitioner contends the City's 2021 approval of an environmental imp act report (EIR) for the CAD violated its ministerial duties under the Land Grant. It further contends the City's continuing applications to other agencies for permits t...
2024.05.31 Motion for Sanctions
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.31
Excerpt: ...ndant Unive rsity Medical Pharmaceuticals Corp. to serve verified responses without objections to Plaintiff's Form Interrogatories (Set One) and Request for Production of Documents (Set One). The court also ordered Defendant to pay sanctions in the sum of $360.00 per motion within 30 days of service of notice of ruling. (ROA # 49 [12/22/2023 Minute Order].) Plaintiff's counsel served notice of the ruling on Defendant on January 3, 2024. (ROA # 5...
2024.05.31 OSC Re Dismissal, Motion for Attorney Fees
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.31
Excerpt: ...(d) [Song- Beverly attorney fees]; PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095- 1096 [lodestar; trial court discretion]; Reynolds v. Ford Motor Company (2020) 47 Cal.App.5th 1105, 1112 [same]; 2/22/24 Goldsmith decl. (ROA #184) ¶¶ 52- 64 & Exs. 1, 6.) The attorney fee awards includes reasonable work by these billers at these reasonable rates: DAG: 58.85 hrs x $545/hr = $32,073.25 PL: 8.5 hrs x $395/hr = $3,357.50 LA: 8.6 hrs x $260...
2024.05.31 Demurrer 463
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.31
Excerpt: ...��had a legal duty to pre vent the dog from biting said Plaintiff on November 21, 2021.” (Compl., at ¶ 32.) The fourth cause of action is for "negligence liability of landlord". Under her fourth cause of action, Plaintiff alleges a “dangerous condition existed at the premises . . . namely that the dog was dangerous to the people upon and in the immediate vicinity of the premises”; and, “Defendants had actual knowledge of the dang...
2024.05.31 Demurrer to TAC
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.31
Excerpt: ... battery”. Plaintiff's Amendm ents to the Second Amended Complaint (SAC) Exceeded the Permissible Scope The County argues the first and fourth causes of action fail because Plaintiff impermissibly added new causes of action. The court agrees. “It is the rule that when a trial court sustains a demurrer with leave to amend, the scope of the grant of leave is ordinarily a limited one. It gives the pleader an opportunity to cure the defects in t...
2024.05.31 Motion for Attorney Fees
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.31
Excerpt: ...nd costs here. In September of 2021, Plaintiff filed an earlier motion to deemed prevailing party and to recover reasonable attorney's fees and costs. The issues are not identical. The court denied that motion on 2/10/22. Issue preclusion —whether by way of collater al estoppel and direct estoppel —applies to preclude relitigation of issues argued and decided in prior proceedings when: (1) the issue to be precluded is identical to that decid...
2024.05.31 Motion for Leave to File FAC 759
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.31
Excerpt: ...he effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier. (Cal. Rules of Court, rule 3.1324(b) .) Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an a...
2024.05.31 Motion for Preliminary Approval of Class Action and PAGA Settlement 489
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.31
Excerpt: ...lso should provide a red- lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. Plaintiff still hasn't filed a First Amended Complaint with PAG...
2024.05.31 Motion for Final Approval of Class Action and PAGA Settlement 363
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.31
Excerpt: ...ry per clas s member is only about $278, and based on counsel's lodestar fees, a 30% attorney fee award still results in a generous multiplier of about 1.5. An enhancement award of $5,000.00 is sufficient and proper for a class and settlement of this size, and consid ering the effort plaintiff spent on this case as well as the average recovery per class member. The court concludes that the $435,000 class action and PAGA settlement, as approved, i...
2024.05.31 Motion for Summary Adjudication
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.05.31
Excerpt: ...unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice. With respect to a corporate employer, the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an officer, director, ...
2024.05.31 Motion to Lift Stay and Proceed with PAGA Claim 958
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.31
Excerpt: ...f's motion is DENIED . After this motion was filed, the Court of Appeal, Second District, Division Five, issued a published opinion in Hernandez v. Sohnen Enterprises, Inc. (May 22, 2024, B323303) – Cal.App.5th – , 2024 WL 2313710. Hernandez holds that when an arbitration agree ment states it is governed by the FAA and makes no reference to the California Arbitration Act, “the procedures of the CAA, including section 1281.97, do not apply....
2024.05.31 Motion to Compel Further Responses
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.31
Excerpt: ... 7.2, 7.3, 12.4, 13.1, 13.2 and 20.11; and 2. DENIES Plaintiff's Motions to Compel further verified responses by Defendant to (3) Plaintiff's Request for Admissions, Set One, Nos. 6, 7, and 8, and (4) Plaintiff's Special Interrogatories, Set One, Nos. 8, 9 and 10. The Di scovery Act requires a party to respond to discovery by providing complete and straightforward responses; to the extent it objects to the request, is unable to comply with the d...
2024.05.31 Motion to Set Aside or Vacate Dismissal 846
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.05.31
Excerpt: ...l was a re sult solely of the attorney's mistake, negligence or excusable neglect. See Lang v. Hochman (2000) 77 Cal.App.4th 1225. In general, a motion for relief from dismissal for discovery abuse must generally be accompanied by proper discovery responses. In Ro driguez v. Brill, (2015) 2234 Cal.App.4th 715, the court held that an application for relief from a terminating sanction, such as the one here, would be “in proper form” if verifie...
2024.05.31 Motion to Strike 456
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.31
Excerpt: ...covery of costs related to administering the receipt and distribution of funds for emergency services, and (3) plaintiff's allegations regarding claims for the recovery of expended funds that plaintiff received from FEMA, the Federal Emergency Management Agency. Pursuan t to Health & Safety Code §13009(b), plaintiff may seek to recover fire suppression costs incurred by California Highway Patrol and City of Irvine in fighting the Silverado fi...
2024.05.31 Motion to Determine Post-Judgment Reasonable Attorney Fees 879
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.31
Excerpt: ...les 3.1702(c) and 8.278. Post -judgment enforcement costs and fees are recovered under the Enforcement of Judgments Law (Code Civ. Proc., §§ 685.040- 685.095). (Conservatorship of McQueen (2014) 59 Cal.4th 602, 608.) Under Code of Civil Procedure section 685.040, a judgm ent creditor is entitled to the reasonable and necessary costs of enforcing a judgment. “Attorney's fees incurred in enforcing a judgment are included as costs collectibl...
2024.05.31 Motion to Correct Clerical Error 856
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.31
Excerpt: ..., only WnG shall be liable for the fee award in the November 27 order. I. Background The various defendants have filed two motions for expungement of lis pendens in this matter. In the first motion, defendants ConvergeOne, McKenna, Nachbor, Goncalves, Christopoulos, Ngo, Trinh and Hippard sought to expunge four lis pendens, along with an order assessing attorney's fees against WnG “and/or its attorneys of record.” (ROA 171 at p. 3.) The Cou...
2024.05.31 Motion to Compel Production 799
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.31
Excerpt: ...n's Notice of Motion and Motion to Compel Production to Plaintiff's Second Set of Requests for Production to Defendant Don Barnes as Orange County Sheriff and Supporting Documents ROA 875 MOTION TO COMPEL PRODUCTION Plaintiffs People for the Ethical Operation of Prosecuto rs and Law Enforcement (“P.E.O.P.L.E.”), Bethany Webb, Theresa Smith and Tina Jackson move to compel production of a memorandum of understanding (“MOU”) referred...
2024.05.30 Motion for Summary Judgment 369
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.30
Excerpt: ... law. The M erits 1. There is a Triable Issue of Material Fact as to Whether Nurse Practitioner Luu was an Independent Contractor or an Employee of Progeny These defendants claim Luu was an independent contractor and thus they cannot be held liable for any negligenc e on her part. Historically, someone that hired an independent contractor was not liable for their negligence. (See Johnson v. The Raytheon Co., Inc. (2019) 33 Cal.App.,5th 617, 627.)...
2024.05.30 Demurrer 551
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.30
Excerpt: ...sue is the sufficien cy of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of ...
2024.05.30 Demurrer 610
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.30
Excerpt: ...al distress; and (4) actu al and proximate causation of the emotional distress by the defendant's outrageous conduct. (Vasquez v. Franklin Management Real Estate Fund, Inc. (2013) 222 Cal.App.4th 819, 832.) The fifth cause of action alleges that the defendants engaged in an “intentional and willful failure to put Plaintiff on notice of the insects, including, but not limited to, bed bugs in the Subject Property and Subject Unit, knowing, i...
2024.05.30 Demurrer 681
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.30
Excerpt: ... allegations made mus t be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the com plaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. (Day v. Sharp (1975) 50 Cal.3d 904, 914; Sosinsky v. Grant (1992) 6...
2024.05.30 Demurrer 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.30
Excerpt: ...t Will -Work. Will- Work a sserts that since the Court's sustaining of Will -Work's previous demurrer, Plaintiff has only inserted a few ambiguous, conclusory statements about Will -Work, neglected to revise its caption page to add Will -Work as a defendant, a fatal flaw as discussed i n the concurrently filed Motion to Strike, and fails to allege any specific facts related to Will -Work's conduct. Will -Work also contends that the Ninth Cause...
2024.05.30 Motion for Determination of Good Faith Settlement 026
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...e r joint tortfeasors from any further claims against the settling tortfeasor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (Id., § 877.6, subd. (c).) “To determine whether a settlement is in good faith, a trial court must inquire ‘whether the amount of the settlement is within the reasonable range of the settling tortfeasor's proportional share of compa...
2024.05.30 Motion for Judgment on the Pleadings 175
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.30
Excerpt: ... notice, thus the req uest is GRANTED Defendant notes that each of the claims in the FAC concern the sale of the subject real property accomplished under court order in the Los Angeles Superior Court case in which Plaintiff was a defendant. As to the first cause of action f or breach of fiduciary duty, Plaintiff alleges no factual allegations as to the existence of a fiduciary duty owed by Defendant to Plaintiff. There is only an allegation th...
2024.05.30 Motion for Leave to File Amended Complaint 011
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.05.30
Excerpt: ...not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action…it is not only error but abuse of discretion”.  Morgan v. Superior Court  (1959) 172 Cal.App.2d 527. However, where leave to amend is sought to allege a claim that is legally deficient, leave to amend may be denied. (See, e.g., California Cas. Gen. ...
2024.05.30 Motion for Summary Judgment 056
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.30
Excerpt: ...the open house signs. Real estate agents/brokers have a duty to notify visitors about dangerous conditions which they know about or have constructive knowledge of. From the photographs attached to defendant expert's declaration, it is apparent there is a triable is sue of fact as to whether this raised area (sort of a rectangular landing) was open and obvious. The color and texture of the walkway and raised area appear to be consistent. A jury co...
2024.05.30 Motion for Entry of Judgment 129
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.05.30
Excerpt: ... its own. Thi s request for default judgment is both procedurally and substantively defective. The request has not been made on mandatory Judicial Council Form CIV -100 (Cal. Rules of Court, rule 3.1800(a)) and is not properly supported by a default prove -up package. (Id ., rule 3.1800(a)(2) -(8); see Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288 (Kim) [evidence of damages is required for default judgment].) Even if plaintiff h...
2024.05.30 Motion for Summary Judgment, Adjudication 180
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...as those for ne gligence. (Citation.)” (Jones v. Awad (2019) 39 Cal.App.5th 1200, 1207.) The plaintiff must prove “a legal duty to use due care, a breach of such legal duty, and the breach as the proximate or legal cause of the resulting injury.” (Ibid, citations omitted. ) To establish a claim for dangerous condition on public property, a plaintiff must prove all of the following elements: 1. That defendant owned or controlled the property...
2024.05.30 Motion for Summary Judgment, Adjudication 974
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.30
Excerpt: ...en as to this cause of action. Based on its investigation, Costco concluded that Plaintiff's conduct constituted several “causes for termination” under the employment agreement. (UMF 41 -70.) These included: (1) violation of the Standards of Ethics for Managers/Supervisors; (2) any conduct or relationship that jeopardizes the employee's ability to perform her job responsibilities honestly; and (3) extending an unauthorized refund. (UMF 67.) I...
2024.05.30 Motion for Terminating Sanctions 792
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...e chapter governing any particular discovery method or any other provision of this title.' This means that the statutes governing the particular discovery methods limit the permissible sanctions to those sanctions provided under the applicable governing statutes.” (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1422 [cleaned -up].) The statutes governing each discovery method authorize particular types of sanctions in parti...
2024.05.30 OSC Re Preliminary Injunction 791
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.30
Excerpt: ...ts' property. At some point more than 38 years ago, the defendants' prior owners began using this three - foot strip along plaintiff's garage as part of their back yard. As a result, the plaintiff's garage wall forms part of the defendants' back yard wall. The plaintiffs recently purchased the house and obtained a survey whereupon they discovered that the three -foot area in plaintiff's back yard is actually their property. Plaintiffs submitted e...
2024.05.30 Motion to Compel Arbitration 020
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.30
Excerpt: ...Form of Ag reement Between Owner and Contractor where the basis of payment is a Stipulated Sum”). Section 6.2, entitled, “Binding Dispute Resolution,” provides in relevant part, that: “For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201 -2017, the method of binding resolution shall be as follows: [x] Arbitration – Other (Specify).” It further states: “At Contractors [sic] option, all ...
2024.05.30 Motion to Compel Arbitration 889
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...f arbitra tion and any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration. This strong policy has resulted in the general rule that arbitration should be upheld unless it can be said with assurance that an arbitration clause is not susceptible to an interpretation covering the asserted dispute. The party opposing arbitration has the burden of demonstrating that an arbitration clause cannot be interpreted to requi...
2024.05.30 Motion to Compel Further Responses 092
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.30
Excerpt: ... objections to RFP 1; 3. To produce all responsive documents, with emails and excel sheets produced in native format; and 4. To serve verifications to the Third Supplemental Responses dated February 7, 2024, and any other amended/supplemental responses served thereunder. Plainti ff contends that The Garden's responses and supplemental responses to the requests at issue are incomplete and that the boilerplate objections are meritless. Plaintiff a...
2024.05.30 Motion to Set Aside or Vacate Judgment 425
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.30
Excerpt: ... Cal.App.5th 358, 369- 370 (Kremerman).) “A judgment or order is said to be void on its face when the invalidity is apparent upon an inspection of the judgment- roll. [Citation.] This inquiry, however, does not hinge on evidence: A void judgment's invalidity appears o n the face of the record.' [Citation.]” (Id., at p. 370, internal quotation marks omitted.) “When a default judgment has been taken, the judgment roll consists of ‘the s...
2024.05.30 Motion to Strike 497
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.30
Excerpt: ...bdivision (a), fi le a “declaration of nonmonetary status” if it maintains a “reasonable belief that it has been named in the action solely in its capacity as trustee, and not arising out of any wrongful conduct or omissions on its part in the performance of its duties as trustee.” Subdivision (b) of that section sets out what must be included within the declaration. Subdivision (c) provides that any party that has appeared in the action...
2024.05.30 Motion for Summary Judgment, Adjudication 732
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...aintiff's cau se of action” or “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence ….” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) The elements of the cause of action for wrongful death are the tort (negligence or oth er wrongful act), the resulting death, and the damages, consisting of the pecuniary loss suffered by the heirs.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) �...
2024.05.29 Motion for Summary Judgment 161
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.29
Excerpt: ...they are overr uled nos. 1, 2, 3, 6, 7, 8. The court did not consider facts and argument presented for the first time on reply. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable i ssue 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 p...
2024.05.29 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...omplaint. (Blan k v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (200 2) 101 Cal.App.4th 1395, 1404 -05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer ...
2024.05.29 Demurrer (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...ful evict ion. Plaintiff filed a first amended complaint as a matter of right. The parties then stipulated to Plaintiff filing a Second Amended Complaint. [ROA #79]. Defendants Baldi, Steiner, and MAS filed a demurrer to various causes of action in the Second Ame nded Complaint. On August 16, 2023, the court overruled Defendants' demurrers as to the eighth cause of action, but sustained the demurrer as to the fourth, seventh, ninth, and tenth...
2024.05.29 Demurrers to FAC 928
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.29
Excerpt: ...ruled. Lega l Standard “The party against whom a complaint or cross -complaint has been filed may object, by demurrer or answer as provided in Section 430.30[.]” Among other grounds, a demurrer may be taken if a pleading is “uncertain,” (meaning “ambiguous and unintell igible”), or if it “does not state facts sufficient to state a cause of action.” (Code Civ. Proc., § 430.10, subd. (e), (f).) A special demurrer for uncertainty i...
2024.05.29 Motion for Leave to File FAA 590
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.29
Excerpt: ...oposed 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 a llegations are located. (California Rules of Court (“CRC”), Rule 3.1324(a).) Moreover, a separate declaration must accompany the motion and must specify: (1) the effect of the ...
2024.05.29 Motion for Summary Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...dissolut ion of the automatic bankruptcy stay. Statement of Law The Court may summarily adjudicate any causes of action, affirmative defenses, claims for damage, or issues of duty. (Code Civ. Proc., § 437c, subd. (f)(1).) The “specific cause of action, affirmativ e defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material fact...
2024.05.29 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...s GRANTED as to the second cause of action only. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of 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.) The parties must set forth admissible evid...
2024.05.29 Motion to Compel Further Responses, for Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...yable w ithin 30 days of notice of the Court's ruling. Statement of Law Under the Civil Discovery Act, “any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determina tion of any motion made in that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may re...
2024.05.29 Motion to Seal Certain Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...Court Clerk is instructed to remove ROA # 1176 from the public docket, and Defendant is directed to file a corrected version of same, but which redacts the confidential information identified in Plaintiff's Motion. The Court seals the portions of ROA # 1176 that des cribe or summarize the contents of Exhibits 20 -26 and 30- 35. Statement of Law – Motion to Seal “Unless confidentiality is required by law, court records are presumed to be o...
2024.05.29 Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...35, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rul e, or an order of the court.” (Code Civ. Proc., § 436.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of whic...
2024.05.29 Motion to Strike (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...36.) “Irrel evant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not support by the allegations of the complaint. (Code Civ. Proc., § 431.10(b).) Defendant moves to strike Plaintiff's requests for injunctive relief. Defendant argues that Plaintiff is seeking injunctive relief only under Civil Code section 52, ...
2024.05.29 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ... set forth “ specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310(b)(1).) Case law provides the burden is on a moving party to show good cause. (See, e.g., Digital Music News, LLC v. Superior Court (2014) 226 Ca l.App.4th 216, 224 [disapproved on other grounds by Williams v. Super. Ct. (2017) 3 Cal.5th 531]; Kirkland v. Super. Ct. (2002) 95 Cal.App.4th 92, 98.) To establish “good c...
2024.05.27 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.27
Excerpt: ...o merit if the party has shown that one or more elements of the cause of action cannot be established, or that there is a complete defense thereto. (Code Civ. Proc., § 437c(p)(2).) To “show” a complete defense, a defendant must present admissible evidence of each essential element of the defense upon which it bears the burden of proof at trial. (Anderson v. Metalclad Insulation Corp. (1999) 72 Cal.App.4th 284, 289.) The plaintiff has no evid...
2024.05.24 Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.24
Excerpt: ...representation (aga inst Rich), (4) “breach of contractual duty to pay a covered claim” (against B&B), and (5) “breach of contractual duty to pay a covered claim” (against nonmoving defendant CFPA).1 Moving defendants appear to demur to the first four causes of action. 1st C/A (negligence) - OVERRULE For the first cause of action for negligence, the FAC alleges the following: Rich was the broker who sold Plaintiffs a certain insurance p...
2024.05.24 Motion for Summary Adjudication 196
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.24
Excerpt: ...ry Adjud ication In both summary judgment and summary adjudication proceedings, the pleadings determine the scope of the relevant issues. (Port Medical Wellness, Inc. v. Connecticut General Life Ins. Co. (2018) 24 Cal.App.5th 153, 169; FPI Development v. Nakashim a (1991) 231 Cal.App.3d 367, 381382 [pleadings serve as the outer measure of materiality in a summary judgment motion]; 580 Folsom Associates v. Prometheus Development Co. (1990) 223 Cal...
2024.05.24 Motion for Sanctions 056
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.24
Excerpt: ...ns under CCP § 12 8.5 against Moving Defendants and their counsel of record. For the reasons set forth below, Moving Defendants' motion for sanctions and Plaintiffs' request for sanctions are both DENIED. I. Moving Defendants' Motion for Sanctions A. CCP § 436 Per the noti ce of motion, Moving Defendants' motion is brought pursuant to both CCP § 128.7 and § 436. The opening memorandum is unclear on whether CCP § 436 is supposed to be an inde...
2024.05.24 Motion for Preliminary Injunction, for Discovery Protective Orders 910
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.05.24
Excerpt: ...sought. A no tice of motion must state in the first paragraph exactly what relief is sought and why (what grounds). (Calif. Code Civ. Proc. § 1010; Calif. Rules of Court, rule 3.1110(a); see People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726. The notice of motion fails to comply with the Code of Civil Procedure and the Rules of Court, and the motion is denied on that basis. Assuming arguendo that plaintiff's motion seeks an injunct...
2024.05.24 Demurrer, Motion to Strike 002
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.05.24
Excerpt: ... judicial not ice at 1:25-2:17 of the demurrer is GRANTED. (Evid. Code, § 452, subd. (d) [court records].) Further, on its own motion, the court takes judicial notice of the 5 -8 - 23 minute order on defendants' demurrer to plaintiffs' First Amended Complaint. (Id.) 1 st cause of action: breach of contract. This cause of action states sufficient facts. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [elements]; Cross -complaint, ¶...
2024.05.24 Demurrer 421
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.24
Excerpt: ...88.) Nationstar Mortgage, LLC's and U.S. Bank National Association's request for judicial notice filed with their reply brief is granted. (ROA 115.) The Mortgage Law Firm, PLC's request for judicial notice is granted. (ROA 86.) With respect to exhibit F, the court tak es judicial notice of the recorded notices of default but not the mailing of the notices. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth...
2024.05.24 Demurrer, Motion to Quash, to Disqualify Attorney of Record 797
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.05.24
Excerpt: ...hether the notice of motion was served as required by Calif. Code of Civil Procedure, section 1005, subdivision (b). Cross -defendant is ordered to file a proof of service for the moving papers within 15 days. Cross -defendant Michael Goguen is ordered to give notice. M otion to Quash The Hearing on Cross -Defendant Brown & Charbonneau, LLP's Motion to Quash Service of Summons and Cross -Complaint is ordered off calendar based upon defendant's n...
2024.05.24 Demurrer to FAC
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.24
Excerpt: ...authority ov er the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the e mployee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal r...
2024.05.24 Demurrer 616
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.05.24
Excerpt: ...rounds for liabi lity and does not plead the elements of a negligence claim. (Code Civ. Proc., § 430.10, subd. (e); Govt. Code, § 815.) The City also argues the first cause of action is uncertain because it does not plead the elements of a negligence claim. (Code Civ. Proc ., § 430.10, subd. (f).) “A public entity is not liable for any injury caused by the act or omission of the public entity or a public employee unless such liability is im...
2024.05.24 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.24
Excerpt: ...granted Feb. 1, 2023 (Dhital v. Nissan N. America, Inc. (2023) 523 P.3d 392) as to both the sufficiency of the allegations in the fifth cause of action and the application of the economic loss rule. Ford acknowledges that Dhital can be cited for persuasive value under Rule of Court 8.115. (Demurrer at fn. 1) Dhital v. Nissan N. America, Inc., supra, 84 Cal.App.5th 828, addresses both the elements of a cause of action for fraudulent inducement ba...
2024.05.24 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.24
Excerpt: ...d. 1st cause of a ction, gender discrimination (Issues #1 -3). On Issue #1, defendant failed to meet its initial burden to show plaintiff cannot establish an adverse employment action. (See Code Civ. Proc., § 437c, subds. (a), (p)(2) [burden]; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 [same]; see also Def. SSUF. #36 -38 [plaintiff was not promoted in 2020 to market general manager].) As to Issues #2 -3, defendant has show...
2024.05.24 Motion for Summary Judgment
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.24
Excerpt: ...erest in the Su bject Property. The Complaint requests a sale, alleging physical division of the Subject Property is not possible. Property may be partitioned by physical division, sale of the property and division of the proceeds, or court approved and supervised parti tion by appraisal. (Code Civ. Proc., §§ 873.210 -290, 873.510- 850, 873.910-980.) The presumption is toward division, and against sale, unless it is shown that division would no...
2024.05.24 Motion to Tax Costs 826
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.24
Excerpt: ... the motion on the ground that it is untimely. Although Defendant cites to rule 3.1700 in its notice of motion, Plaintiff is correct that the applicable statute is Code of Civil Procedure section 685.070. Under section 685.070, the motion to tax costs must be brought within “10 days after the memorandum of costs is served on the judgment debtor.” (Code Civ. Proc., § 685.070, subd. (c).) Under subdivision (d), “[i]f no motion to tax costs i...
2024.05.24 Motion for Summary Judgment 713
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.24
Excerpt: ...n under CC P §437c(q). Plaintiff's request to continue the hearing on this motion to allow further discovery is denied. Plaintiff has not shown good cause for such a continuance. Plaintiff's Complaint contains one cause of action, for fraud. Fraud claims are subj ect to a three -year statute of limitations. CCP §338(d). Plaintiff filed this action on September 11, 2020, but Judicial Emergency Rule 9 tolled statutes of limitation from April 6, ...
2024.05.24 Motion to Compel Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.24
Excerpt: ... a party serves an untimely response”].) Defendant FCA US LLC shall serve complete, code - compliant, verified further responses without objections to plaintiff's form interrogatories (set one), special interrogatories (set one), and requests for production (set one) and a ll responsive documents within 30 days. Defendant shall pay $2,063.92 in discovery sanctions to plaintiff. While defendant requests relief from waiver in its opposition, a �...
2024.05.24 Motion for Summary Judgment, Adjudication 158
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.05.24
Excerpt: ...tion in his fav or 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 acco rdance with the applicable standard of proof.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 (fn omitted).) Code of Civil Procedure section 437c, subdivisio...
2024.05.24 Motion to Strike Complaint 050
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.05.24
Excerpt: ...ence and wrongful death are two separate claims for purposes of the MICRA caps on noneconomic damages. MICRA Defendant (hospital) acknowledges the recent amendment to section 377.34 allows such a claim for pre -death pain and suffering. However, it contends tha t the MICRA cap of $350,000 is only available for the combined claims and that they don't each have a separate cap. In opposition, plaintiff argues that under Code of Civil Procedure secti...
2024.05.24 Motion to Dismiss All Unserved Defendants 202
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.24
Excerpt: ... First Amended Complai nt. Assuming Plaintiff agrees to resubmit that Request for Dismissal with the corrections noted in the Court's May 20, 2024 e -filing rejection notice, then the present motion will be granted in full. Defendant Fawn Glen Community Association's unopposed motion to dismiss is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The motion is granted as to Does 1 -200 (including former Doe 1, Powerstone Property Management,...
2024.05.24 Motion to Compel Responses 221
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.24
Excerpt: ...oc., § 2030.290, subd. (b).) By failing to serve timely responses, Defendant waived “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 protection for wo rk product.” (Code Civ. Proc., § 2030.290, subd. (a).) A propounding party may move for an order compelling responses to a demand for inspection at any time “[i]f a party...
2024.05.24 Motion to Tax Costs
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.24
Excerpt: ...endaring the motion and t he court would prefer to reach the merits of the motion. Defendant seeks to strike the items listed below from the Cost Memo. Category 1(g) – filing and motion fees Defendant argues that $87.85 should be taxed because the amount is sought for filing fees of documents that were rejected by the court. Defendant seeks to strike a total of $1,844.59 from Category 4. Defendant argues that the court should strike In respon...
2024.05.24 Motion to Compel Production of Docs
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.24
Excerpt: ...if so, what form of) a protective order should be entered before the documents are produced. (Opp'n Br. at 4:10 -14.) The City argues that Lennar has waived its objections to the inspection demands at issue, but the court does not find such based upon the evidence p resented. The City propounded the requests for production of documents (RFP) on Lennar on 2/13/23. (Toscano Decl., ¶ 2, Exh. A.) Counsel for Lennar requested an extension of time to...
2024.05.24 Motion for Summary Judgment, Adjudication 641
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.05.24
Excerpt: ...e showi ng to meet its initial burden under Cal. Code Civ. Proc. 437c, subd. (p)(2) by showing a legitimate, non- discriminatory basis for any allegedly adverse employment action taken against Plaintiff Holly Lapick. (See Code Civ. Proc., §§ 437c, subds. (a), (p)(2 ); ROA No. 88, Schwartz. Declaration; SSUMF Nos. 6- 7, 11-18.) Defendant has met that burden as to Causes of Action 1, 2, and 3 by establishing a legitimate, nondiscriminatory basis ...
2024.05.24 Motion to Compel Depositions of PMQs 940
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.24
Excerpt: ...re Before Trial (The R utter Group 2021) ¶ 9:24.3 [each motion “should normally be set forth in a separate document”].) No later than June 24, 2024, Plaintiff is ordered to remit an additional $60 in filing fees to the Clerk of the Court. Code of Civil Procedure section 2025.4 50, subdivision (a) provides that when a party deponent is served with a deposition notice and, without having served a valid objection under Code of Civil Procedure ...
2024.05.24 Motion to Compel Arbitration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.24
Excerpt: ...nd HOI to arbitration, the court gr ants the Motion and orders Plaintiff and HOI to arbitrate this matter. (9 U.S.C.A. §§ 2 and 3.) As for MB, "[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party oppo sing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.” (Engalla v. Permanente Medical Gro...
2024.05.24 Motion to Compel Arbitration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.24
Excerpt: ...o employ ees on a takeit -or -leave -it basis, typically contain some aspects of procedural unconscionability.'” (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 243.) After plaintiff accepted a job offer from defendant, defendant emailed the agreement to plaintiff with instructions to review, sign, and return it. (McNary decl. ¶¶ 48.) The face of the agreement shows it to be a standardized, pre -printed form. (Id. Ex. A.) “To establish...
2024.05.24 Motion to Compel Further Responses 789
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.24
Excerpt: ...'s right to file a motion to compel further supplemental responses based on the adequacy of Legends' recent supplemental responses as to plaintiff's individual claims. Defendant's Request for Judicial Notice is granted. On April 26, 2024, the court granted in part L egends' request for a protective order, ruling that the court will prohibit all discovery relating to alleged wage and hour violations occurring on or before August 20, 2021, staying...
2024.05.23 Motion for Summary Adjudication 004
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.23
Excerpt: ... distinct entity of the Weco sign corporate form. Plaintiff cannot establish Wecosign, Inc. was created with fraudulent intent. Padilla is estopped from denying the corporate existence. One or more elements cannot be established. Defendant has a complete defense.” The Motion goes o n to seek summary adjudication as to five of the causes of action (each a “COA”) asserted by Plaintiff in the fourth amended complaint, and on Plaintiff's alter...
2024.05.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 104
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.23
Excerpt: ...l situation should be provided, including appropriate financial documents such as balance sheets, cash flow statements, and profit and loss statements. 2. The PAGA release should be separated from the class release. Settlement Agreement ¶ 15. Releases for aggrieved employees other than plaintiff should not release more than the civil penalties available under PAGA based on the facts alleged in the operative complaint and the notice letter(s) ...
2024.05.23 Motion for Leave to File FAC 858
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.23
Excerpt: ... the deleted allegations are located,” and “[s]tate 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.” Cal. R. Ct. 3.1324(a)(2), (a)(3). A separate decla ration must accompany the motion and must specify: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended...
2024.05.23 Motion for Leave to File FAC 858
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.23
Excerpt: ... the deleted allegations are located,” and “[s]tate 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.” Cal. R. Ct. 3.1324(a)(2), (a)(3). A separate decla ration must accompany the motion and must specify: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended...
2024.05.23 Motion for Judgment on the Pleadings 522
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.23
Excerpt: ...sition wil l not be considered by the Court. Defendant seeks judgment on the pleadings with respect to the second, fourth, fifth, sixth, and seventh causes of action. On May 15, 2024, Defendant dismissed the fourth cause of action for retaliation. “The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters th...
2024.05.23 Motion for Leave to File FAC 666
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.23
Excerpt: ...y Darrell McKay. Both were named as defendants, but McKay has now been dismissed because it has come to plaintiff's attention that McKay apparently never signed the guaranty; his name was allegedly forged by Mello. The amended complaint would add a cause of action for fraud against Mello. These are the pertinent facts: The guaranty was executed May 28, 2020. Plaintiff alleges the contract was breached November 22, 2022, when a payment was missed....
2024.05.23 Motion for Leave to File FAC 480
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...damages to Plaintiff s which directly relate to and arise out of the same set of general facts and transaction underlying Plaintiffs' claims as alleged in their operative complaint, i.e., Plaintiffs' transaction with Architectural, Inc. for the purchase and installation of handmade steel windows and doors at Plaintiffs' home. Procedural Requirements A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or am...
2024.05.23 Motion for Final Approval of Class Action and PAGA Settlement 487
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.23
Excerpt: ...ent agreeme nt (¶¶ 1.18, 5.9) states Individual PAGA Payments are calculated based on Weeks Worked, but the notice (Butler Decl. (ROA 234) Ex. A (box at bottom of page 2)) states Individual PAGA Payments are calculated based on Pay Periods. The Supplemental Beliveau Declaration (ROA 262, ¶ 5) states: “The Individual PAGA Payment was calculated by dividing the number of Individual Weeks Worked by the PAGA Group Member during the PAGA Period b...
2024.05.23 Motion for Determination of Good Faith Settlement 599
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.23
Excerpt: ...ntered into b y the plaintiff or other claimant and one or more alleged tortfeasors or co -obligors. . .” A determination by the court that the settlement was made in good faith will bar any other joint tortfeasor or co -obligor from any further claims against the settlin g tortfeasor or co-obligor for equitable comparative contribution or partial or comparative indemnity based on comparative negligence or comparative fault. (Code Civ. Proc., �...
2024.05.23 Motion for Summary Judgment 482
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...rk as “an off icer” and “personnel” of Kash Construction, Inc., which holds the requisite Class B General Building license obtained by Mohammad Kashouli, the CEO of Kash Construction Inc. Plaintiff submits no legal authority in support of this argument. Plaintiff als o points out that Plaintiff has a Motion for Leave to File a First Amended Complaint calendared for a June 6, 2024 hearing. In the First Amended Complaint, Plaintiff seeks to...
2024.05.23 Motion for Summary Judgment
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.05.23
Excerpt: ...acie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) The parties must set forth admissible evidence. (Code Civ. Proc., § 437c, subd. (d).) A defendant moving for summary judgment satisfies his or her initial burden by show ing 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. (Code Civ. Proc., § 437c, subd. (p)(...
2024.05.23 Motion to Compel Further Responses (2)
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.05.23
Excerpt: ...r compellin g a further response 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 inadequate, incomplete, or evasive; (3) An objection in the respo nse is without merit or too general. (Code Civ. Proc., § 2031.310, subd. (a).) A motion to compel further responses “shall” set forth “specific facts showing good cause just...
2024.05.23 Motion for Summary Judgment 815
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...oceeding.” (Code Civ. Proc., § 437c(a)(1).) “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 determining 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 which ob...
2024.05.23 Motion for Summary Judgment, Adjudication 387
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.23
Excerpt: ...edical malpractice on the grounds that the entire action is time -barred pursuant to Code of Civil Procedure section 340.5. “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 j udgment 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...
2024.05.23 Motion to Amend Judgment 751
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.23
Excerpt: ...eihimi, Robert Style and Core Structure, Inc. (“Core Structure”). (ROA 880.) There is no “litmus test” to determine when the corporate veil will be pierced; the results depend on the circumstances of each particular case. However, courts have required two generally requi rements to be met. First, the court must find that “the new party must be the alter ego of the old party.” In making this determination, the court may consider facto...
2024.05.23 Motion to Compel Answers, OSC Re Sanctions, Dismissal 917
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.23
Excerpt: ...risdi ction over these Motion; the standard is the same as discovery in civil cases. “[T]he uninsured motorist law grants the superior court the exclusive jurisdiction to hear discovery matters arising under uninsured motorist arbitrations.” (Miranda v. 21st C entury Ins. Co. (2004) 117 Cal.App.4th 913, 926; See also Insurance Code §11580.2(f)(2)). The discovery procedures available to the parties in uninsured motorist cases are basically th...
2024.05.23 Motion to Compel Arbitration and Stay Action 921
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.23
Excerpt: ... and to the attendant re quirement that arbitration shall proceed as the parties themselves have agreed.” ‘ “ (Armendariz v. Found. Health Psychcare Servs., Inc. (2000) 24 Cal. 4th 83, 115.) “The trial court's role is “confined to ascertaining whether the party seeking arbitratio n is making a claim which on its face is governed by the contract.” [Citation.] "The petitioner bears the burden of proving the existence of a valid...
2024.05.23 Motion to Compel Further Responses
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.05.23
Excerpt: ...use justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310, subd. (b)(1).) “To establish good cause, a discovery proponent must identify a disputed fact that is of consequence in the action and explain how the discovery sought will tend in reason to prove or disprove that fact or lead to other evidence that will tend to prove or disprove the fact.” (Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216, ...
2024.05.23 Motion to Compel Further Responses 247
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ... if an ans wer to a particular interrogatory is evasive or incomplete, or an exercise of the option to produce documents under Code Civ. Proc. section 2030.230 is unwarranted or the required specification of those documents is inadequate, or an objection to an interr ogatory is without merit or too general. The motion must be accompanied by a meet and confer declaration under Code. Civ. Proc. Section 2016.040. (Code Civ. Proc. § 2030.300(b).) P...
2024.05.23 Motion to Compel Physical Exam 929
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.23
Excerpt: ...Plaintiff claims that he cannot access the defendant business establishment (a restaurant) because of several “physical and intangible” access barriers. Motion to Compel Physical Examination Defendants filed a request for an Independent Medical Examination of the plaintiff. Th ey also sought a protective order staying any further proceedings pending the examination. Defendants claim the plaintiff does not have standing to bring the action, a...
2024.05.23 Motion to Strike 879
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.05.23
Excerpt: ... least five d ays prior to the last day to file the responsive motion. Additionally, the declaration of Tina Park filed in support of the Motion does not clearly set forth the means by which any meet and confer took place. Attorney Fees Cross- Defendant moves to strike references to recovery of attorney fees in the CrossComplaint, arguing that Cross -Complainant has not set forth a contractual or statutory basis for recovery of attorney fees. ...
2024.05.23 Motion to Transfer Action 643
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...laint for declaratory and i njunctive relief, based on the facts pleaded, the only cognizable injury HNHPC alleges is the assessment of tax liabilities on it, and the gravamen of this lawsuit is a tax refund action as the net result of HNHPC's claims, if successful, would be to absol ve it of its assessed tax liabilities. Respondents assert that Revenue and Taxation Code (“RTC”) sections 34013 and 55243 and California Constitution, Article XI...
2024.05.23 Petition to Confirm Arbitration Award, Approve Settlement 283
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.23
Excerpt: ...risdiction to enforc e the stipulated settlement. First, however, there is the question of service of the motion. The proof of service on the motion shows service was mailed to: Woman's Recovery Center, LLC, d/b/a Sunsets Recovery Center Ali Parvaneh, Esq. 17702 Mitchell North Irvine, CA 92614 There is nothing in the court file to connect this lawyer or this address to Respondent Woman's Recovery Center, LLC. The court will hear from counsel for...
2024.05.23 Motion for Attorney Fees 922
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.23
Excerpt: ...d (d)(1) and We stminster Municipal Code (“WMC”) section 8.20.290. Health & Safety Code § 17980.7(c)(11) states that: (11) The prevailing party in an action pursuant to this section shall be entitled to reasonable attorney's fees and court costs as may be fixed by the court. Health and Safety Code § 17980.7(d)(1) says: If the court finds that a building is in a condition which substantially endangers the health and safety of residents...

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