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2024.02.09 Motion to Dismiss 666
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.09
Excerpt: ...ires Plaintiff to litigate this claim in New York. Specifically, section 12 of the “ Grant of Restricted Units of Elm Bidco, L.P.” (the “Vesting Agreement”), (FAC at ¶ 21, Exh. 2) provides: This Vesting Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the Cay man Islands, the parties hereto hereby submit to the exclusive jurisdiction of the Federal and state...
2024.02.09 Motion for Summary Judgment 899
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.02.09
Excerpt: ...g in injury.” (Kesner v. Superior Court (2016) 1 Cal.5th 113 2, 1158.) “Premises liability ‘is grounded in the possession of the premises and the attendant right to control and manage the premises'…” (Ibid.) Homeowners' associations have been held to owe duties similar to the duties of a landlord. (Frances T. v. V illage Green owners Assn. (1986) 42 Cal.3d 490, 499.) A duty of care may not be imposed on a landlord without proof that he ...
2024.02.09 Motion to Compel Arbitration and Stay Proceedings 218
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.02.09
Excerpt: ...24 at 8:30 a.m. in Department CX-101. GROUNDS FOR RULING I. Background Plainti¯ Þled this class action/PAGA lawsuit on December 29, 2022. On October 23, 2023, a Þrst amended complaint (FAC) was Þled per stipulation of the parties. The FAC also is a class action with a PAGA component. Despite these pleadings, Plainti¯'s opposition to the motion to compel arbitration refers to his lawsuit as “PAGA- only action.” (Opp. p. 2) He makes no r...
2024.02.09 Motion for Judgment on the Pleadings 509
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.09
Excerpt: ...th Plan, Inc. was dismissed without prejudice on November 9, 2022. The parties agreed that Plaintiff reserved the right to amend to rename any of the Defendants in the event discovery proceedings in the action revealed a basis for liability against them. (ROA 21.) Plaintiff attempted to bring 360 Health Plan, Inc. back into this action w ith a Doe amendment. This attempt appears to have been improper given that Plaintiff had initially named 360 H...
2024.02.09 Motion for Preliminary Approval of Class Action and PAGA Settlement 621
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.09
Excerpt: ...7.1 (Unpaid Overtime Wages); 2. Violation of Labor Code § 2802(a) (Fai lure to Indemnify Necessary Expenditures); 3. Violation of Labor Code §§ 226.7, 226.7(b), and 512 (Meal Periods); 4. Violation of Labor Code § 226.7 (Rest Breaks); 5. Violation of Bus. & Prof. Code §§ 17200 et seq.; and 6. Civil Penalties Under the Private Attorneys General Act On May 5, 2021, as a matter of right, Plaintiff filed the operative First Amended Complaint (...
2024.02.09 Motion for Summary Adjudication 254
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.09
Excerpt: ..., 24, 25, 29, 31 -34, 36, 39 and 43- 48. As to #13 and 14, the court's file does not include any Exhibit W or X, but just a notation that they were allegedly filed under seal. However, the court's file shows none of Goldman's moving papers being filed under seal. Plaintiffs' supplemental Objections (ROA 527) are overruled. Plaintiffs had the opportunity to respond to Goldman's new evidence submitted on reply. As a threshold matter, Goldman ha...
2024.02.09 Motion for Severance or Bifurcation 555
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.09
Excerpt: ...ded complaint. Judicial notice of other court records and files is limited to matters that are ind isputably true. This generally means that judicial notice is limited to the orders and judgments in the other court file, as distinguished from the contents of documents filed therein. (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 113; Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482- 484.) Code of Ci...
2024.02.09 Motion for Summary Judgment, Adjudication 672
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.02.09
Excerpt: ...that she has not yet completed discovery. A court typically has discretion to grant a continuance, but the court must grant a continuance under CCP § 437c(h) on a good faith showing by declaration or affidavit that a continuance is needed to obtain facts essential to justify opposition to a summar y judgment motion. Ace Am. Ins. Co. v Walker (2004) 121 CA4th 1017, 1023 (continuance is “virtually mandated”). See also Dee v Vintage Petroleum, ...
2024.02.09 Motion to Approve PAGA Settlement 457
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.02.09
Excerpt: ...tted, a redline version showing all changes, deletions and additions must be submitted as well. In addition, Plainti¯ must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. Preliminary Matters Plainti¯'s request for judicial notice (ROA 80) is GRANTED, but only as to the existence of the exhibits, not to the truth of anything asserted therein. (Evid. Code § 452(d).) As to the Settlement: 1. The...
2024.02.09 Motion to Change Venue, for Joinder 034
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.02.09
Excerpt: ... GRANTED. (Barak v. Quisenberry Law Firm (2006) 135 Cal.App.4th 654, 66062.) Defend ants Evariste Group Manager, LLC, Andrew Stupin, and Gerald Marcil joinder in Defendants' Motion is GRANTED. Defendants' Request for Judicial Notice of Exhibits A- G is GRANTED. Plaintiff's Request for Judicial Notice of Exhibits A -F is GRANTED. “The court may, on motion, change the place of trial . . . [w]hen the convenience of witnesses and the ends of justic...
2024.02.09 Motion to Compel Arbitration 162
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.02.09
Excerpt: ...f three separate entities. Plaintiffs bring suit derivatively on behalf of Reliant Management Group, LLC (“Reliant Management”), Riverside Postacute Care, LLC (“Riverside”), and RMG Capital Partners, LLC (“RMG Capital”). Moving Party has shown that the RMG Capital Operating Agreement contains a valid a rbitration agreement. However, Moving Party has failed to demonstrate why this arbitration agreement would apply to bind Reliant Manag...
2024.02.09 Motion to Compel Arbitration 889
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.02.09
Excerpt: ...st to compel arbitration. Plainti¯'s individual claims and the individual portion of Plainti¯'s PAGA claim are to be arbitrated on an individual basis. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the remainder of the action, i.e., the representative portion of Plainti¯'s PAGA claim. This portion of the case is STAYED pending the resolution of Plainti¯'s individual arbitration. An arbitration review conference wi...
2024.02.08 Demurrer 996
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.08
Excerpt: ...with the pleading rules governing statutory claims.” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 496, 407 (citing Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790).) Here, while lengthy, the Complaint is hazy on the details when it comes to alleging how Moving Defendants' conduct constituted “neglect” within the meaning of the Act and how that neglect was a causal factor in the injuries alleged. Sp...
2024.02.08 Motion for SLAPP 257
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...nd “First Cause of Action – Common Count,” her “Second Cause of Action – Fraud,” and her Fourth Cause of Action;” and that all three of Plainti¯s causes of action against the Wallace Þrm arise from protected activity related to prelitigation and litigation of two unlawful detainer actions where the Wallace Þrm represented Plainti¯s landlord, including giving 60-day notice, statements made during the proceedings themselves, a...
2024.02.08 Motion for Charging Orders
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.02.08
Excerpt: ...ng charging order – it is needed only to create a prehearing lien. (Code Civ. Proc., § 708.320.) It is not clear whether the court prematurely awarded attorney fees on the cross -complaint while the complaint was still pending. “A cross -complaint is generally considered to be a separate action from that initiated by the complaint.” (Westamerica Bank v. MBG Industries, Inc. (2007) 158 Cal.App.4th 109, 134 [allowing postjudgment costs on cr...
2024.02.08 Motion for Attorney Fees 853
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08
Excerpt: ...d out at $525 per hour; and the paralegal is billed out at $250 per hour. Those (alleged) billing rates are substantially above the attorney fee rates in the local Orange County legal community for the same or similar work. Even the most experienced Lemon Law attorneys in this community are not awarded fees based on such billing amounts, except in complex cases that require experience. The standard attorney fee rate for non-complex cases runs at ...
2024.02.08 Demurrer, Motion to Strike
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.08
Excerpt: ...ses.'” (Ibid.) “The overall policy of preventing future harm is ordinarily served, in tort law, by imposing the costs of negligent conduct upon those responsible. [Citation.] In general, internalizing the cost of injuries caused by a particular behavior will induce changes in that behavior to make it safer. That consideration may be ‘outweighed, for a category of negligent conduct, by laws or mores indicating approval of the conduct or by t...
2024.02.08 Demurrer to FAC 019
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.08
Excerpt: ...ion of Labor Code sections 201, 202. The Þrst cause of action does not “clearly and a¯irmatively” appear time-barred on its face. (See Lee v. Hanley (2015) 61 Cal.4th 1225, 1232 (Lee) [a demurrer based on the statute of limitations is only permissible where the running of the statute appears “clearly and a¯irmatively” from the dates alleged, it is not su¯icient that the complaint might be barred].) The statute of limitations for an...
2024.02.08 Application for Right to Attach Order, Writ of Attachment
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.08
Excerpt: ...(1) the claim upon which the attachment is based is one upon which an attachment may be issued; (2) the plainti¯ has established the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Code Civ. Proc., § 484.090(a)(1)-(4).) If an action i...
2024.02.08 Demurrer 906
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.08
Excerpt: ...ing members/board o directors o POKI CAT INNOVATIONS, LLC ("POKI CAT" or "deendant LLC"), a Caliornia limited liability company ("LLC"), and its member managers/presumptive Board o Directors to pursue the below-described claims against POKI CAT, Does 1 to 25, inclusive, deendants, and each o them, and the various co-deendants or diversion, conversion, deception, embezzlement, tax raud, securities raud, breach o contract, sel-dealing,...
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...
2024.02.08 Demurrer 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ... through twenty-Þrst, and the twenty-third through twenty-Þfth defenses fail to refer to the cause of action they are intended to answer and thus fail to comply with Code of Civil Procedure section 431.30(g); that all 25 defenses fail to name or identify what defense is being pled and so fail to comply with Code of Civil Procedure section 430.20(b), and are uncertain; that all 25 defenses fail to state any facts that constitute a defense and on...
2024.02.08 Demurrer 282
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...njamin's indemnity, contribution, and declaratory relief causes of action. VCG also contends that these defects cannot be cured as none of VCG's vehicles were involved in the alleged incident although VCG had trucks parked on the street where there was an accident. VCG additionally contends that it satisÞed the meet and confer requirements of Code of Civil Procedure section 430.41. Code of Civil Procedure section 430.41, subdivision (a) requires...
2024.02.08 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.02.08
Excerpt: ...uires an employee to prove ‘severe or pervasive' harassment.” (Beltran v. Hard Rock Hotel Licensing, Inc. (2023) 97 Cal.App.5th 865, 878.) While “‘[a] single incident of harassing conduct'” may be sufficient, the conduct still must have “‘unreasonably interfered with the plaintiff's work perfo rmance or created an intimidating, hostile, or offensive work environment.'” (Ibid.) Here, the complaint alleges a single meeting at wh...
2024.02.08 Motion for Summary Adjudication 681
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...n that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. (Aguilar v. Atlantic RichÞeld Co. (2001) 25 Cal.4th 826, 849- 850). A plainti¯ has met his or her burden of showing there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that cause of action. (CCP §437c(p)(1)). Once the plainti¯ has met that burden, the b...
2024.02.08 Motion for SLAPP 272
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...emises Liability Cause of Action. It contends that Plainti¯ targets the Wallace Firm because it represented Casa Nicolina LP, Plainti¯s former landlord, in litigation and prelitigation related to a successful unlawful detainer action against Plainti¯; that all of Plainti¯s allegations against Page 16 of 63 the Wallace Firm arise from its communications related to the termination of Plainti¯s tenancy in preparation for the unlawful de...
2024.02.08 Motion to Compel Further Responses 537
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...ROG, No. 17.1 regarding RFA, Nos. 15 and 16 are neither complete nor straightforward as required by Code of Civil Procedure section 2030.220; that Defendant has only provided objections based on privilege and no substantive response; that the objections based on attorney-client privilege and the attorney work product doctrine do not provide an adequate description of documents claimed to be privileged such that Plainti¯ can evaluate the merits ...
2024.02.08 Motion for Summary Judgment 285
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...tion or proceeding.” (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 t...
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 Motion to Strike 599
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08
Excerpt: ...e same generic claims that have been deemed legally insu¯icient. (See, e.g., Taylor v. Superior Court (1979) 24 Cal.3d 890.) The Þrst amended complaint makes the same generic factual allegations but now also alleges that the defendant was convicted of driving under the inßuence of alcohol in 2015 and was given a “Watson advisement” as required by Vehicle Code section 23593. A Watson advisement informs the defendant that: “You are hereby...
2024.02.08 Motion to Seal, to Dismiss 162
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.08
Excerpt: ...Rock Holdings, LLC; TwinRock Partners, LLC; Mo Azzurri, LLC; TRP Management Murray field, LLC; TRP Management Azzurri, LLC; TRP Management VIII, LLC; and TwinRock Management, Inc. (collectively, the “TwinRock Defendants”) Responding Party: Plaintiffs West Coast Lending, Inc.; Trenton Rhodes; and California Anchor Consulting, Inc. SERVICE : August 18, 2023, by electronic transmission RELIEF SOUGHT: Intervening Plaintiffs ask the Court to ente...
2024.02.08 Motion to Quash Service of Process 507
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...und of lack of jurisdiction of the court over him or her.” “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plainti¯ to prove … the facts requisite to an e¯ective service.” [Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413 (internal quotes omitted); see Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163.] Therefore, even though defendant is the moving par...
2024.02.08 Motion to Quash Deposition Subpoena 587
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08
Excerpt: ...es that a proper meet and confer was held to resolve the matter. That said, the court concludes that judicial economy—this is the second time the motion has been here—to move forward based on the limited information it has. This is a personal injury case. Plainti¯ asserts she fell on her side and head from a height of three feet. The motion to quash is generic. It simply argues that the disclosure of medical records would invade plainti¯'...
2024.02.08 Motion to Dismiss 983
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.02.08
Excerpt: ...t, is GRANTED in part and CONTINUED in part. (Code Civ. Proc., §§ 2023 .010, subd. (g), 2030.030, subds. (a) and (d)(3), 2031.300, subd. (e), CCP 2031.310, subd. (i) [authorizing motion].) Moving party's request for monetary sanctions is GRANTED. Monetary sanctions in the amount of $1,860.00 are imposed against defendants / crosscomplainants/cross- defendants James Turco, Margaret Cheng -Turco, Simone II, LLC, JM Investment Group, LLC, American...
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 Dismiss 549
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ... section 583.210 and 583.250. Moving Defendants contend that the summons and complaint has not been served upon any of the Moving Defendants within three years after this action was commenced as required by Code of Civil Procedure section 583.210(a) such that dismissal is mandatory and jurisdictional. More speciÞcally, Moving Defendants assert that the this case was Þled on June 17, 2019; that the statutory 3-year deadline is June 17, 2022; tha...
2024.02.08 Motion to Dismiss 117
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.08
Excerpt: ...ix months of Þling. For the following reasons, defendants' motion is denied. Section 583.310 provides that “[a]n action shall be brought to trial within Þve years after the action is commenced against the defendant.” For certain cases, including this one, this period was extended for six months by COVID-19 pandemic emergency rules. Section 583.360(a) states that dismissal for failure to bring a case to trial within the required period is ma...
2024.02.08 Motion to Compel Physical Exam 208
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.08
Excerpt: ... had previously conducted an independent medical examination of Plainti¯ in July 2021. Having failed to resolve this dispute informally, Defendant Sun now moves the Court for an Order requiring Plainti¯ to make himself available for another independent medical examination. Defendant Sun argues that Cal. Code Civ. Proc.. §2032.220, subd. (a) provides “any party” with the right to take a single physical examination on demand without leave ...
2024.02.08 Motion to Compel Further Responses, for Monetary Sanctions
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.08
Excerpt: ...19-32, within 30 days of service of the notice of ruling. However, if the parties have not agreed upon a Protective Order, and given both parties' representations they are prepared to execute same, the Court ORDERS Plainti¯s and Defendant to meet and confer – in person – regarding the execution of the Protective Order. Request for Production nos. 37-41 Defendant and its counsel are ORDERED to serve full, complete, and veriÞed responses to ...
2024.02.08 Motion to Compel Arbitration and Stay Action 625
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...Pinel Realtors, Inc. (2019) 32 Cal.App.5th 972, 977-978.) “An arbitration agreement must be in writing to be valid and enforceable. [Citation.]” (Id. at p. 978.) Page 52 of 63 “Under ‘both federal and state law, the threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.' [Citation].” (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396, emphasis in original.) The court is to dete...
2024.02.08 Motion to Compel Arbitration 678
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.08
Excerpt: ...at contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. American Express does not contend Anca and American Express entered into a signed arbitration agreement. American Express ...
2024.02.07 Motion for Leave to File SAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...osed to be added to the previous pleading, if any. (Cal. Rules of Ct., Rule 3.1324(a).) The motion must also be supported by a declaration that speciÞes: (1) the e¯ect 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 Ct., Rule 3.1324(b).) The court Þnds the motion and...
2024.02.07 Demurrer
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ... the statute o laches. (ROA 100.) The Court Þnds neither the statute o limitations issue, nor the issue o laches, is suitable or resolution at this early stage o the proceedings. With respect to the statute o limitations, Podobas has not shown the IIED (Domestic Violence) claim is time barred. (Code Civ. Proc., § 340.15, subd. (a).) And, Plainti¯ has su¯iciently alleged “abuse” within the meaning o CCP section 340.15, which it ad...
2024.02.07 Demurrer 580
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ...onabedian v. Mercury Ins. Co. (2004) 116 Cal. App. 4th 968, 994. Limited to the “four corners” as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with su¯icient detail to acquaint a defendant with the nature, source and extent of the claim. Leek v. Cooper (2011) 194 Cal. App. 4th 399, 413. On demurrer, a complaint must be liberally construed. Code Civ. P...
2024.02.07 Demurrer to SAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...cy of the a¯ected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundi¯ v. GTE Cal., Inc. (2002) 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 tests only the su¯iciency of the complaint, a court will not consider facts that have not been alleg...
2024.02.07 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ... any one or more of the following grounds: … (e) The pleading does not state facts su¯icient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against wh...
2024.02.07 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...021, order of dismissal, 3) the Court of Appeal's Opinion, and 4) the April 25, 2023, judgment dismissing the arbitration. The Court grants the request for judicial notice. (Evid. Code § 452(d).) Evidentiary Objections Defendant Þled objections to the declaration of Patrick Ergina. The Court declines to rule on these objections because they are not material to the disposition of the motion. ( C o d e C i v. Pro c. § 4 3 7 c( q ) .) G en eral P...
2024.02.07 Motion to Tax Costs, for Attorney Fees 216
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ...ainti¯ pursuant to Code of Civil Procedure section 425.16, subdivision (c)(1). As an initial matter, the Court notes the action was stayed on 6/14/2022, pending Defendants' appeal. Remittitur was issued on 10/10/2023. Plainti¯'s motion to tax and Defendants' motion for fees were Þled shortly after Remittitur was issued. This case was reassigned to this Department after Defendants Þled a peremptory challenge. No order lifting the stay was is...
2024.02.07 Motions to Quash Subpoena
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...uperior Court (2019) 32 Cal.App.5th 1213. On 06/06/2023, the court entered default judgment in favor of Judgment Creditors/Plainti¯s Mark Adams and Julie ThorntonAdams (the “Judgment Creditors” or “Creditors”) and against the Defendants/Judgment Debtors Rajesh Gupta and Sarita Gupta, as Trustee of the 1996 Rajesh Kranti Gupta Family Irrevocable Trust dated August 15, 1996 (the “Judgment Debtors” or “Debtors”). On 08/23/2023, Jud...
2024.02.07 Motion for Summary Judgment 048
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ...ecuring the Note).) Evidentiary Objections Plainti¯ improperly presents evidentiary objections in the opposition to the Separate Statement. Written objections must be served and Þled separately from papers supporting or opposing the motion. [CRC 3.1354(b); Hodjat v. State Farm Mut. Auto. Ins. Co. (2012) 211 CA4th 1, 8-9, 149 CR3d 93, 9899—court did not abuse its discretion in refusing to consider objections not Þled separately as required b...
2024.02.07 Motion to Seal
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...egoing exhibits, and Defendant's unredacted October 24, 2023, Opposition, are sealed. [ROA # 910, 916-921, 941] Statement of Law “Unless conÞdentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be Þled under seal without a court order. The court must not permit a record to be Þled under seal based solely on...
2024.02.07 Motion to Quash Default Judgment 999
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ...lin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 CA3d 381, 385-386; W. A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial Dist., Alameda County (1959) 176 Cal.App.2d 67, 72.) To the extent Defendant is requesting the Court to grant him relief from default, the Court Þnds Defendant fails to demonstrate that grounds exist to vacate said default. Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, ord...
2024.02.06 Motion for Summary Judgment, Adjudication 550
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.02.06
Excerpt: ...ourth causes of action against Defendant GREGORY SANCHEZ for breach of guaranty on the grounds that Defendants have failed to satisfy their obligations under the applicable loan agreements and guaranties. Procedurally, the motion is defective. First of all, while the caption and the notice of motion seek adjudication, it appears Plainti¯ seeks adjudication of all four causes of action, which if granted, would be summary judgment. Second, the is...
2024.02.06 Demurrer, Motion to Strike 046
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.02.06
Excerpt: ...VERRULED. The Brakke Defendants demur to the Third Cause of Action for Professional Negligence. “Ordinarily, an insurance agent assumes only those duties normally found in any agency relationship. This includes the obligation to use reasonable care, diligence, and judgment in procuring the insurance requested by an insured. [Citation.]” (Jones v. Grewe (1987) 189 Cal.App.3d 950, 954; (PaciÞc Rim Mechanical Contractors, Inc. v. Aon Risk Ins. ...
2024.02.06 Motion for Summary Judgment, Adjudication 047
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.02.06
Excerpt: ...t party has proved each element of the cause of action entitling the party to judgment on the case of action. Once the plainti¯ has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or defense thereto. (Code Civ. Proc. § 437c(p)(1).) A motion for summary adjudication shall proceed in all procedural respects as a motion for summary judgment. (Code Civ....
2024.02.06 Demurrer to FAC, Motion to Strike 673
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.02.06
Excerpt: ... (FAC ¶ 1.) Kramer admits he did not pay the challenged assessment but contends he has standing as a homeowner and business owner whose primary residence is located less than one block from the Downtown District and he may be subject to pay the assessment in the future. (FAC ¶¶ 4-5, 9.) “ ‘As a general principle, standing to invoke the judicial process requires an actual justiciable controversy as to which the complainant has a real intere...
2024.02.06 Motion for Summary Judgment, Adjudication 868
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.06
Excerpt: ...he elements of its cause of action for breach of contract. 2. Defendant has no defense to plainti¯'s cause of action for breach of contract. Defendant has opposed the motion, although it has not submitted any evidence in support of its oppositio n. It conced es that it has breach ed the promissor y note on which the action is based. It contends that while most of the facts are not in dispute, the motion cannot be granted because moving plainti...
2024.02.06 Motion to Classify as Vexatious Litigant, Require Posting of Security 061
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.06
Excerpt: ...nish security in the amount of $100,000.00 within ten days in order to pursue her claims against Jocelyn Plummer in the crosscomplaint. The amount of security is based on the likely time and expense which would be expended by Jocelyn Plummer if she remains a party to the litigation. As discussed below, the litigation has been exceptionally contentious and has involved an extraordinary number of Þlings by both sides as well as an appeal. The Cour...
2024.02.06 Motion to Compel Further Responses 603
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.06
Excerpt: ...210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (Stendell) (2000) 22 Cal.4th 245, 255.) Plainti¯ has failed to justify the objections. Instead, Plainti¯ argues that Defendant's failure to timely respond to Plainti¯'s discovery has delayed Plainti¯'s a b i l i t y to provide responses. Defendant served responses to Plainti¯'s discovery requests on July 17, 2023 (Reply, p. 2, lns. 7-8), therefore, Plainti¯ has had over 5 months to respond to...
2024.02.06 Motion to Dismiss 212
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.02.06
Excerpt: ...w that the cause o action arises rom an act in urtherance o the moving party's right o petition or ree speech. Then, i the court determines that showing has been made, the court determines whether the opposing party has demonstrated a probability o prevailing on the claim. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) “At the Þrst step, the moving deendant bears the burden o identiying all allegations o protected activity, and t...
2024.02.06 Motion for Leave to File Complaint 508
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.06
Excerpt: ...ame time the answer to the complaint is Þled. (Code Civ. Proc., § 428.50, subd. (a).) A party who fails to plead a compulsory cross-complaint, whether through oversight, inadvertence, mistake, neglect or other cause, may seek leave to Þle a cross- complaint at any time during the course of the action. (Code Civ. Proc. Code, § 426.50.) A court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave...
2024.02.05 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.02.05
Excerpt: ...50(d). However, again, Plainti¯ did not make an issue of this in the reply brief, and the court may consider the merits of a case absent a proper separate statement when the case involves a single simple issue” with minimal evidentiary support, such as here. (Gilbertson v. Osman (1986) 185 Cal. App. 3d 308, 316.) The court will proceed on the merits, but cautions defense counsel to comply with code requirements in the future. “(p) For purpo...
2024.02.05 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.02.05
Excerpt: ...s in a complaint.” (Rakestraw v. Cal. Physicians Service (2000) 81 Cal.App.4th 39, 42.) Plainti¯s well-pleaded facts are assumed to be true by the Court, but the Court does not assume the truth of contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Third Cause of Action: Breach of Implied Warranty Defendants argue that the third cause of action for breach of implied warranty must fail because...
2024.02.05 Demurrer to Amended Complaint
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.02.05
Excerpt: ...f contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Fifth Cause of Action: Intentional Inßiction of Emotional Distress (“IIED”) To state a claim for IIED, a plainti¯ must allege "(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plainti¯'s su¯ering severe or extreme emotion...
2024.02.05 Demurrer, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.02.05
Excerpt: ...robable, 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 pleadings or other exhibits when ruling on a demurrer. (Day v. Sharp (1975) 50 Cal.3d 904, 914; Sosinsky v. Gran...
2024.02.05 Demurrer, Motion to Strike 135
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.05
Excerpt: ...t within 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendant General Motors LLC demurs to the 9th and 10th Causes of Action of the Complaint filed by Plaintiff Maria Alvarez. Defendant General Motors LLC also moves to strike the prayer for punitive damages contained in the Complaint. (See Compl. at p. 14:5 [Prayer, ¶ 11].) Request for Dismissal On January 4, 2024, Plaintiff filed a Reques...
2024.02.05 Demurrer, Motion to Strike 336
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.02.05
Excerpt: ...thal Fair Debt Collection Practices Act does not apply to the commercial transaction underlying this action. Balboa also moves for an order striking Riojas' request for punitive damages. Balboa seeks judicial notice of the Equipment Finance Agreement and Personal Guaranty attached to the Complaint as Exhibits 1 and 2, respectively. Balboa's request is predicated on the fact that these documents are attached to the Complaint and constitute Court r...
2024.02.05 Motion for Attorney Fees
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.02.05
Excerpt: ... contract. Under Code of Civil Procedure section 1032, attorney's fees are recoverable as costs when authorized by contract, statute or law. (Code Civ. Proc. § 1033.5(a)(10)(A)-(C).) As set forth in the Statement of Decision (“SD”), the Court found against the Defendants on two claims: Sexual Assault (First Cause of Action) and Sexual Battery pursuant to Civil Code section 1708.5 (Second Cause of Action). In plainti¯s' closing brief, Tina ...
2024.02.05 Motion for Leave to File FAC 428
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.02.05
Excerpt: ...inti¯ sets forth the allegations to be amended. Plainti¯ also submits the declaration of counsel which explains the e¯ect of the amendment and why the amendment is necessary and proper, including reference to the red-line version attached. The declaration also states when the facts were discovered. Counsel states “It was only after defendants Þled their answer to the original complaint after remand that I realized the First Amended Compl...
2024.02.05 Motion for Sanctions 604
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.02.05
Excerpt: ...as to its legal and factual merit; and is subject to sanctions for violation of this certiÞcation. Code Civ. Proc. § 128.7; see also Murphy v. Yale Materials Handling Corp., 54 Cal. App. 4th 619, 623 (1997). The purpose of the statute is “to check abuses in the Þling of pleadings, petitions, written notices of motions or similar papers.” Musaelian v. Adams, 45 Cal. 4th 512, 514 (2009). The person presenting the paper to the Court impliedly...
2024.02.05 Motion for SLAPP 907
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.02.05
Excerpt: ...strike Plainti¯ Jennier Loe¯ler's Þrst cause o action or breach o CC&Rs and third cause o action or violations o Rosenthal Fair Debt Collection Practices Act in the First Amended Complaint (FAC). 12 Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: “[W]e may summarize a court's task in ruling on an anti-SLAPP motion to strike as ollows. Section 425.16, subdivision (b)(1) requires the court ...
2024.02.05 Motion for Summary Adjudication 087
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.02.05
Excerpt: ... granted if “it completely disposes of a cause of action, an a¯irmative defense, a claim for damages, or an issue of duty.” Code of Civil Procedure § 437c(f)(1).) As used in this section, a “cause of action” means the invasion of a primary right, i.e., an injury, rather than a theory of liability. Lilienthal & Fowler v. Superior Court (1993) 12 Cal.App.4th 1848, 1854. Defendant/Cross-Complainant Emerson Maintenance Corporation (the “...
2024.02.05 Motion for Summary Judgment, Adjudication 375
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.05
Excerpt: ...OVERRULED as to evidentiary objection numbers 1, 2, 3, 4, 5, 6, 8, and 10, and the first sentence objected to in evidentiary objection number 11, and SUSTAINED as to evidentiary objection numbers 7 and 9, and the second sentence objected to in evidentiary objection number 11. Defendant Deloitte Services LP's evi dentiary objections to the Declaration of Plaintiff Judy Fisher are OVERRULED as to evidentiary objection numbers 1 -9. Defendant Deloi...
2024.02.05 Motion to Transfer and Coordinate Actions 839
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.02.05
Excerpt: ...rth below, the Court Þnds that the transfer and coordination will promote the ends of justice pursuant to Code of Civil Procedure § 404.1. The Court understands that counsel for Ganahl Lumber Company (“Ganahl”) expressed concern that the Merced Action cannot be transferred to this Court because it includes a cause of action for foreclosure of mechanics lien, and the property that is the subject of that claim is located in Merced County. Thi...
2024.02.05 Motion to Compel Discovery 798
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.05
Excerpt: ...s in the amount of $716.25 (1.75 hours x $375 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Plaintiff and Judgment Creditor M.V. Partners moves to compel Defendant and Judgment Debtor Joann Pham to serve responses to the postjudgment Written In terrogatories (Set One). Standard to Compel Responses to Interrogatories A judgment creditor who has obtained a judgment “may p...
2024.02.05 Motions to Compel Further Responses 845
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.02.05
Excerpt: ...FP, Set Two, Þled by Gorla and directed to Plainti¯/Cross-Defendant, Hospitality Marketing Concepts, LLC (“HMC”). The RFP propounded to HMC that were the subject of the January 8th order are identical to the RFP propounded on the Ramadan brothers. The court notes the arguments raised in the four motions to compel are nearly identical. Because the document requests to the Ramadan brothers and to HMC are identical and because the Ramadan bro...
2024.02.05 Motion to Transfer Venue 560
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.05
Excerpt: ...to transfer this matter to the Ventura County Superior Court. Standard for Transfer of Venue The Civil Procedure Code states that: [I]f an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answer...
2024.02.05 Motions to Compel Discovery 754
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.05
Excerpt: ...Provide Responses to Special Interrogatories (Set Two) is GRANTED. Plaintiff Cliq, Inc. f/k/a Cardflex, Inc.'s Motion to for An Order Compelling Responses, and A Production of Documents, from Defendant Sabin Burrell in Response to Requests for Production of Documents (Set Two) is GRANTED. Plaintiff Cliq, Inc. f/k/a Card flex, Inc.'s Motion to for An Order Compelling Responses, and A Production of Documents, from Defendant Capital Managers, LLC ...
2024.02.05 Motion to Strike Punitive Damages
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.02.05
Excerpt: ...ems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading.” (Civ. Proc. Code § 436(a).) Regarding punitive damages under Civ. Code § 3294: “(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plainti¯, in addition to the actual damages, may recover damages f...
2024.02.05 Motion to Strike 111
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.02.05
Excerpt: ...lying Case”) is granted. The HOA moves to strike Cross- Complainant Jennier Loe¯ler's Þrst cause o action or breach o CC&Rs, third cause o action or violations o Rosenthal Fair Debt Collection Practices Act, and ourth cause o action or violations o the Consumer Credit Reporting Agencies Act in her Cross-Complaint (CC). Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: 5 “[W]e may summari...
2024.02.05 Motion to Stay Proceedings 125
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.02.05
Excerpt: ...m (“Anna”) joins in the Opposition. This action involves two consolidated cases. The action arises out of a dispute over the family business, May Enterprises, LLC. The lead case, Kim v. Kim (Case No. 2021- 01183125), was initiated by Mira against her sisters (Defendants Gina Kim and Anna Kim), her parents (Defendants Kyong Su Kim aka Kyung Soo Kim and Myong Kil Kim) and May Enterprises, LLC. Mira alleges claims for, amongst other things, brea...
2024.02.05 Motion to Quash Service of Summons 063
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.02.05
Excerpt: ...a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Once a defendant challenges the Court's jurisdiction, it is up to the plainti¯s to prove, by a preponderance of the evidence, that personal jurisdiction exists. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 449. This must be shown by a¯idavits, declarations, or other competent evidence. (In re Automobile ...
2024.02.05 Motion to Compel Production 181
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.02.05
Excerpt: ...�'s Demand or Inspection and Destructive Testing. The Motion is GRANTED. However, the order is limited to those tests speciÞcally set orth in the Notice, which speciÞcally include: 1. Removing the bottom course o roo tile 3' in each direction rom the rain gutter spike and errule. 2. Removing the eave strip ßashing. 3. Removing the entire rain gutter. 4. Removing an area o stucco, likely 3' wide, rom eave to top o window. 5. Installing...
2024.02.02 Motion to Approve Amend Joint Stipulation of Settlement and Release Under PAGA 515
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.02
Excerpt: ...acle Light Industrial, LLC (“Defendant”) alleging violations of Labor Code section 2802 for Defendants failure to reimburse necessary business expenses. (ROA 2.) On July 16, 2021, Plainti¯ Þled the operative First Amended Complaint (“FAC”) adding a PAGA claim. (ROA 17.) The class consisted of those employees who sought mileage/travel reimbursement. An Unlawful Business Practices claim is alleged on the same basis. The PAGA claim is ba...
2024.02.02 Motion for Preliminary Approval of Class Action Settlement 742
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.02
Excerpt: ...should submit an amendment to the settlement agreement rather than any amended settlement agreement. Counsel also 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 that si...
2024.02.02 Motion for Sanctions 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.02
Excerpt: ... sustained. Defendant's remaining objections are overruled. New Evidence Submitted With Reply Plainti¯s submitted new evidence in support of their reply. “The general rule of motion practice . . . is that new evidence is not permitted with reply papers. . .‘[T]he inclusion of additional evidentiary matter with the reply should only be allowed in the exceptional case . . .' and if permitted, the other party should be given the opportunity to...
2024.02.02 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.02.02
Excerpt: ...fense]; CACI No. 4552 [same].) Virzi shows its work at the property was completed and accepted on 9/18/19. (See Def. SSUF # 13, 15, 17.) The alleged defect consists of a raised wheel stop/parking block in the blue-striped pedestrian access aisle next to a parking space for persons with disabilities. (See Def. SSUF #2; Def. Evid. (ROA #185), Ex. B [Pl. Depo. 39:9-40:9, 44:1-14]; see also Compl. ¶¶ 10-11; Pl. Evid. (ROA #213), Ex. A.) This is a p...
2024.02.02 Motion for Summary Judgment, Adjudication 160
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.02.02
Excerpt: .... In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Third Amended Cross-Complaint (3AXC). For the reasons set forth below, the motion for summary judgment is GRANTED. EVIDENTIARY MATTERS A. LaBarre's Objections to the Declarations of Shadie Maghareh and Shryl Anderson All objections are overruled. B. Travelers' Objections to the Declaration of Neal Bordenave Objections 1-5, 8-13, and 15-17 are overr...
2024.02.02 Motion for Summary Judgment, Adjudication 160
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.02.02
Excerpt: .... In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Third Amended Cross-Complaint (3AXC). For the reasons set forth below, the motion for summary judgment is GRANTED. EVIDENTIARY MATTERS A. LaBarre's Objections to the Declarations of Shadie Maghareh and Shryl Anderson All objections are overruled. B. Travelers' Objections to the Declaration of Neal Bordenave Objections 1-5, 8-13, and 15-17 are overr...
2024.02.02 Motion for Trial Preference 581
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.02
Excerpt: ...ation.” (Code Civ. Proc., § 36, subd. (a), emphasis added; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 12:246:1 [“Trial priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the extent of that party's interest and Þnd as a matter of fact the risk posed of that party's death or incapacity if trial is delayed.”].) Plainti¯s s...
2024.02.02 Motion to Compel Responses, for Sanctions 275
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.02.02
Excerpt: ...., ¶ 2, Ex. 1.) After Plainti¯ Þled his Motion, Defendant also served a veriÞcation for its initial response to the Form Interrogatories. (Williams Decl., ¶ 3, Ex. 2.) Plainti¯'s request for sanctions is DENIED for failure to comply with Code of Civil Procedure section 2023.040. Plainti¯ to give notice. Plainti¯'s Motion to Compel Defendant Martin Lopez's Responses to Form Interrogatories General Set One, and Request for Sanctions Pla...
2024.02.02 Motion to Compel Arbitration 762
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.02
Excerpt: ...to submit all of her individual claims to binding arbitration, and dismissing the class claims without prejudice. UPCOMING EVENTS: Case Management Conference, February 21, 2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action. On July 14, 2023, Plainti¯ Lingyan Xing, individually and on behalf of all other similarly situated current and former employees (“Plainti¯”), Þled a Class Action Complaint against Defendant Winn, Inco...
2024.02.02 Motion to Compel Further Responses 043
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.02
Excerpt: ... interrogatories, instead, stating in response to most of them, that “Plainti¯ was not employed by Del Signore, nor is Del Signore synonymous with Truclear.” Each answer in the response must be “as complete and straightforward as the information reasonably available to the responding party permits. If an interrogatory cannot be answered completely, it shall be answered to the extent possible.” (Code Civ. Proc., § 2030.220, subds. (a) &...
2024.02.02 Motion to Compel Further Responses 254
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.02
Excerpt: ... ownership interest she received in Plaza 205, and (#28) the 25% ownership interest she received in the Harbor Gateway Project. Goldman asserts the tax return privilege, but that privilege does not apply here. Goldman concedes that courts will Þnd a waiver of the tax return privilege where the gravamen of the lawsuit is so inconsistent with the continued assertion of the taxpayer's privilege as to compel the conclusion that the privilege has bee...
2024.02.02 Motion to Compel Further Responses 453
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.02
Excerpt: ...s to one which the court Þnds acceptable), in which case defendant must provide supplemental responses within 90 days only for employees who do not respond within 60 days that they do not want their information shared. The supplemental responses will be subject to a protective order whereby the information provided may be used only for purposes of this litigation. Plainti¯'s Special Interrogatories #1 and 2 seek the contact information of puta...
2024.02.02 Motion to Compel Responses 368
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.02
Excerpt: ..., Nos. 2 through 8, and to Requests for Production, Set Two, No. 3. UPCOMING EVENTS: Status Conference – 02/07/2024; Motion to Strike – 04/05/2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action and PAGA matter. On February 7, 2022, Plainti¯ Alondra Rosas Valencia, as an individual and on behalf of other similarly situated employees (“Plainti¯”) Þled a Complaint against Defendant NGK Spark Plugs (U.S.A.), Inc. (“Defen...
2024.02.02 OSC Re Contempt, to Stay Proceedings, Appoint Receiver, Compel Responses 154
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.02.02
Excerpt: ...payment of the disputed monetary discovery sanctions on 01/18/24. (Khojayan Dec. ¶ 2, Exh. 1.) All requests for sanctions are denied. Defendant is ordered to give notice. Motion No. 2: Defendant Yao Geng's Motion to Stay Action is DENIED. An application for a stay is addressed to the “sound discretion” of the trial court. “In exercising its discretion, the court should consider the importance of discouraging multiple litigation designed so...
2024.02.02 Petition for Writ of Mandate 823
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2024.02.02
Excerpt: ..., the court will refer to contentions contained in the GHH Brief and the DHCD Brief as to both Petitions. Further, the court will refer to Respondents' (City of Anaheim and City Council of Anaheim) Oppositions to the GHH Brief and the DHCD Brief in addressing the issues. SpeciÞcally, Respondents Þled their Opposition to the GHH Brief (GHH Opposition) on 818-23 under ROA No. 280, and their Opposition to the DHCD Brief (DHCD Opposition) on 9-18-2...
2024.02.02 Petition to Compel Arbitration and Stay Action 123
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.02
Excerpt: ... also moves to stay this litigation pending the completion of arbitration. FACTS/OVERVIEW: On August 4, 2022, after Defendants produced a copy of an arbitration agreement purportedly signed by Plainti¯ at the commencement of his employment, Plainti¯ Þled a Request for Dismissal of Class Allegations Without Prejudice. (ROA 25.) The Order dismissing the class claims was entered on August 30, 2022. (ROA 28.) On July 6, 2023, Plainti¯ and Defe...
2024.02.02 Motion for Judgment on the Pleadings, for Protective Order
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.02.02
Excerpt: ...presented evidence that discovery in this matter would result in the production of conÞdential and proprietary documentation. (Newman Decl., ¶ 4.) Further, the parties agreed a protective order is warranted, and they agreed to the language of the protective order. (Newman Decl., ¶¶ 89.) 2. Motion for Judgment on the Pleadings The court DENIES American Express's motion for judgment on the pleadings – as to (1) the Cross- Complaint Þled by C...

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