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16237 Results

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2024.04.02 Motion for Summary Judgment 342
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.02
Excerpt: ...ff requests be stricken. (Id., 3:20 -22.) The memorandum also seeks an order striking the separate statement and references in Defendants' brief to the facts contained in the separate statement. (Id., 8:14 -16.) The Court considers this a motion to strike the entire separate statement only. (Cal. Rules of Ct., Rule 3.1322(a).) “The paragraphs in a separate statement should be limited to facts that address the elements of a cause of action or an...
2024.04.02 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 459
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.02
Excerpt: ...oval of the class action and PAGA settlement. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action and PAGA matter. The operative First Amended Complaint (“FAC”) was filed March 24, 2021 (ROA 55), and alleges the following eight causes of action: 1. Failure to Pay Minimum Wages; 2. Failure to Pay Overtime; 3. Failure to Provide Rest Breaks; 4. Failure to Provide Meal Periods; 5. Failure to Provide Accurate Wa...
2024.04.02 Demurrers 441
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.02
Excerpt: ...Inc., M S Int ernational, Inc., Lotte Chemical California, Inc., and NGY Group (Orange County) Inc. demur to the fourth cause of action for fraudulent concealment. For the following reasons, the demurrers are overruled. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the...
2024.04.02 Demurrer 821
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.02
Excerpt: ...Cal.App.5th 356, 384.) Plaintiffs are granted limited leave to amend, however, to plead this remedy within the underlying cause of action they believe supports this relief. The demurrer to the second cause of action for conversion and the third cause of action for tr espass to chattel, is sustained, on the basis Plaintiffs have not alleged interference with Plaintiff's possession of the identified property. (PCO, Inc. v. Christensen, Miller, Fin...
2024.04.02 Demurrer 642
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.02
Excerpt: ...limited to t he “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfu lly drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is c...
2024.04.02 Applications for Right to Attach Order 492
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.02
Excerpt: ...in Departme nt N15. Plaintiff Tesser, LLC is ORDERED to serve by mail all application papers and notice of this ruling on Defendant Bridget Simpson, Defendant Lee B. Simpson, and their counsel of record. Plaintiff Tesser, LLC applies for a right to attach order and order for issuance of a writ of attachment against Defendant Bridget Simpson aka Bridget Scordo (Defendant Bridget) and Defendant Lee B. Simpson (Defendant Lee) in the amount of $358,5...
2024.04.02 Application for Preliminary Injunction
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.04.02
Excerpt: ...court notes it is unclear whether the papers were properly served on Defendants. The proofs of service filed on March 1, 2024 (ROA 31, 33) are internally inconsistent. The proof of service on the judicial council form states the documents identified in the attachme nt were personally served on Nino Riazati on March 1, 2024, at 10:05 a.m., at 4343 Von Karmen Ave, Ste. 250, Newport Beach, CA 92660, which is the office of Plaintiff's counsel. This...
2024.03.29 Demurrer 001
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.03.29
Excerpt: ...Plaintiff has failed to adequately allege a cause of action for intentional interference with expected inheritance (IIEI). An IIEI claim requires: 1) an expectancy of inheritance; (2) proof amounting to a reasonable degree of certainty that the bequest would have been in effect at the time of the testator's death; (3) that the defendant(s) had knowledge of the expectation of inheritance; (4) that interference was conducted by independently to...
2024.03.29 Demurrer 779
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.29
Excerpt: ...n is overruled. The demurrer is sustained as to the third cause of action is sustained without leave to amend. Dependent Adult Abuse/Neglect (First Cause of Action) The first cause of action is for dependent adult abuse/neglect. “The purpose of the [Elder Abuse Act] is essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect.” (Delaney v. Baker (1999) 20 Cal...
2024.03.29 Demurrer to SAC 079
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.03.29
Excerpt: ...n will receive.' [Citations.]” (People ex rel. Allstate Ins. Co. v. Weitzman (2003) 107 Cal.App.4th 534, 538 (Weitzman).) The term “qui tam” comes from the Latin expression “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which means, “'who pursues this action on our Lord the King's behalf as well as his own'.” (Ibid.) The Insurance Frauds Prevention Act (IFPA) was enacted in 1993 to combat workers' ...
2024.03.29 Motion for Final Approval of Class Action Settlement, for Attorney Fees 072
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.29
Excerpt: ...ble result in light of the quality of the result obtained, the work performed by class counsel, a review of the billing records provided, and the estimated lodestar. In approving this amount and examining the billing records provided, the Court is not approving any particular hourly billing rates proposed by class counsel. 2. Litigation costs in the amount of $40,571.39, the full amount sought. 3. An enhancement of $2,500 to Plaintiff. In making ...
2024.03.29 Motion for Leave to Amend 782
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.03.29
Excerpt: ...h 1422. “If the motion to amend is timely made and the granting of the motion will 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.        Plaintiff argues that Defendant' s proposed A...
2024.03.29 Motion for Preliminary Approval of Class Action Settlement 431
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.29
Excerpt: ...ed, a redline showing all changes, deletions and additions must be submitted as well. In addition, please provide proof of service of any revised agreement on the LWDA. As to the Settlement: 1. Please provide a copy of Plaintiff's pre - filing letter to the LWDA . 2. Are there any other actions, whether individua l, class, or PAGA (including in the pre -filing LWDA stage) that may be affected by this settlement? 3. Please provide 60 days, rathe...
2024.03.29 Motion to Compel Arbitration 574
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.29
Excerpt: ...ed “Grievance of Disputes”) that states the following, in relevant part: [A]ll employee claims or disputes concerning violations of, or arising under Wage Order 16 (except as noted in the immediately preceding paragraph), the California Labor Code Sections identified in California Labor Code section 2699.5 as amended, all derivative claims under California Business and Professions Code section 17200, et seq., all associated penalties, and fe...
2024.03.29 Motion to Compel Further Responses 908
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.29
Excerpt: ...ing party is required to set forth specific facts showing good cause justifying the discovery sought by the inspection demand, pursuant to Code of Civil Pro cedure section 2031.310, subdivision (b)(1). To establish “good cause,” the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifyi...
2024.03.29 Motion to Compel Further Responses, for Monetary Sanctions 408
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.03.29
Excerpt: ...erbroad word “REFER”. Defendants also must serve all d ocuments responsive to Request for Production Nos. 14, 19, 20- 22, 45, 50, 56, 58- 60, 70-72 and 75 within 20 days, except that Request Nos. 14, 19, 56 and 72 will be deemed to exclude the overbroad word “REFER”. Such documents should include the pay summaries, time records, commission reports and commission summaries for all putative class members. Defendants also must serve a veri�...
2024.03.29 Motion to Contest Legitimacy of Assertion of Attorney-Client Privilege
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.03.29
Excerpt: ...lectively “Goe Forsythe”) and Attorney MICHAEL LEBOFF and the Law firm KLEIN & WILSON (collectively “ LeBoff”). The Parks move pursuant to Code of Civil Procedure section 2031.285, which provides in pertinent part: (a) If electronically stored information produced in discovery is subject to a clai m of privilege or of protection as attorney work product, the party making the claim may notify any party that received the information of the...
2024.03.29 Motion to Enforce Settlement Agreement
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.03.29
Excerpt: ...t argues that it only agreed to “perform” and not t o “complete” the work. Such appears to be a tortured reading of the parties' agreement and not consistent with the apparent intent of the parties. For example, Defendant's interpretation of the word “performed” would allow Defendant to merely begin the r epair/replace work without ever having to complete the work. The agreement entered into on or about May 9, 2023, called for work to...
2024.03.28 Demurrer 162
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.28
Excerpt: ...ealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage. [Citation.]” (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 173, internal quotation marks omitted.) In this medical negligence case, Plaintiff alle ges in the FAC that prior to Dr. Hennessy treating him, the defendants “made written affirmative representations ass...
2024.03.28 Demurrer, Motion to Strike 179
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.28
Excerpt: ... from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The issue is the sufficiency 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 j...
2024.03.28 Discovery Motions 875
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28
Excerpt: ...d, and (3) it has filed a separate motion for a stay that has not yet been heard. The four discovery motions (ROAs 60, 64, 68, and 72) are GRANTED. Defendant is ORDERED to serve verified responses within 15 days. Sanctions are ORDERED against defendant and its counsel, joint and several, in the amounts requested in th e motions, payable to the plaintiff within 15 days. The defendant's request for sanctions is DENIED. Procedural Background The c...
2024.03.28 Motion for Permission to Maintain Action Under Pseudonym 171
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28
Excerpt: ...ditions that the defendants caused, (c) she is concerned t hat she will be blackballed in the industry for suing her prior employer, and (d) defendants are trying to obtain a litigation advantage by making her disclose her real name, and they are seeking to shame and embarrass her. Code of Civil Procedure section 367 provides that an action “must be prosecuted in the name of the real party in interest, except as provided by statute.” Plaintif...
2024.03.28 Motion for Summary Judgment 689
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.28
Excerpt: ...e profession commonly possess and exercise; (2) a brea ch of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) “The standard of care against which the acts of a physician are to b e measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be p...
2024.03.28 Motion for Summary Judgment, Adjudication 789
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.03.28
Excerpt: ...same].) Specifically, defendants failed to m eet their initial burden as to Noticed Issue No. 1 because the issue fails to completely dispose of any cause of action. (See Code Civ. Proc. § 437c, subd. (f)(1).) Defendants met their initial evidentiary burden as to Noticed Issues No. 3. & 5, Even if d efendants had met their initial burden as to each noticed issue, plaintiffs met their shifted burden to show triable issues of material fact. (See ...
2024.03.28 Motion to be Relieved from Deemed Admissions
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.03.28
Excerpt: ...ertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420- 1421; see Joyce v. Ford Motor Co. (2011) 198 Cal.App.4th 1478, 1489 [a motion to withdraw or amend an admission “would have been granted as long as the trial court determined that [defendant's] mistake in ad mitting the matter was not clearly inexcusable and withdrawal would not substantially prejudice [plaintiff]”].) “Section 2033.300 eliminates undeserved windfalls obtaine...
2024.03.28 Motion to Compel Further Responses 480
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.28
Excerpt: ... if a statement of compliance with the demand is incomplete, a rep resentation of inability to comply is inadequate, or an objection is without merit or too general. (Code Civ. Proc., § 2031.310(a).) The motion must set forth specific facts showing good cause to justify the discovery sought. (Code Civ. Proc., § 2031.310(b).) A party may move for an order compelling further responses to interrogatories if the party deems an answer to be evasive...
2024.03.28 Motion to Compel Further Responses 614
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.28
Excerpt: ...b)(2).) “‘The Discovery Act requires that, prior to the initiation of a motion to compel, the moving party declare that he or she has made a serious attempt to obtain “an informal resolution of each issue.” [Citations.] This rule is designed “to encourage the parties to work out their differences informally so as to avoi d the necessity for a formal order....” [Citation.] This, in turn, will lessen the burden on the court and reduce t...
2024.03.28 Motion to Compel Responses, for Monetary Sanctions 257
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.28
Excerpt: ...ng party has 30 days after service of a demand for inspection to ser ve a response, Page 4 of 16 unless the parties agree to extend the date for a response and the agreement is “confirmed in a writing that specifies the extended date . . . for the service of a response.” (Code Civ. Proc. §§ 2031.260(a), 2031.270(a) -(b).) If a party to whom requests for production of documents were directed fails to serve a timely response, the propoundin...
2024.03.28 Motion to Quash Service of Summons 022
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.03.28
Excerpt: ...(Law Offices of David S. Karton v. Segreto (2009) 176 CA4th 1, 9— § 1286 is mandatory in this respect.) A court has the power to vacate or correct an arbitrator's award on specific grounds. (CCP § 1286.) Unless a petition to correct or vacate the award has b een timely filed, the court must render a judgment confirming the arbitrator's award. [See CCP § 1286 —“the court shall confirm the award as made …”; see also Valsan ...
2024.03.28 Motion to Tax Costs 600
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28
Excerpt: ... on appeal and thus it is entitled to its costs so l ong as those costs were timely requested and are allowable. In its opposition, filed the same day, defendant states that, “Hussein has indicated he does not challenge Defendants appellate cost bill.” But, in Hussein's reply, he iterates that he does chal lenge defendant's right to costs on appeal. He iterates that defendant “forfeited” its right to those costs because it failed to fil...
2024.03.28 OSC Re Contempt 357
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.28
Excerpt: ... that no signed order to show cause was issued for the present OSC hearing. Wh ile the Court previously issued a signed OSC for the OSC hearing on 01/25/24, that OSC was taken off calendar and the OSC was then continued to 03/28/24. (See ROA 2222.) The Court only issued a minute order continuing the OSC to the current date of 03/28/2 4. No signed order was issued. Because the OSC must formally notify respondent of the time and place of the contem...
2024.03.28 Special Motion to Strike 177
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.28
Excerpt: ...intiff Michael Kinney (“Plaintiff”). The Motion is GRANTED as to COAs 5 and 6 but DENIED as to COAs 3 and 4. As a preliminary matter, Plaintiff claims that this Motion is untimely under C.C.P. § 425.16(f). However, although it is based on allegations that were also made in a prior pleading, the statutory deadline is reopened for a new COA in an amended pleading, even if based on protected activity alleged in the original complaint. (Starview...
2024.03.28 Motion to Compel Production of PMQ, Custodian of Records
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.03.28
Excerpt: ...nd what procedure s Defendant followed to respond to Plaintiff's request, if any; and (2) any repairs and service reflected in the Global Warranty History Report applicable to the Subject Vehicle. The deposition shall occur at a mutually- agreeable time and place on or before April 15, 2024. Any party may obtain discovery by taking in California the oral deposition of any person, including any party to the action. (See Code Civ. Proc., § 2025.0...
2024.03.27 Motion to Compel Deposition of PMK
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.27
Excerpt: ...ers, directors, managing agents, employees, or agents o f entity deponents who are most qualified to testify on its behalf].) If the party being deposed objects to the deposition notice, it must object to same at least three calendar days prior to the date for which the deposition is scheduled. (Code Civ. Proc. , § 2025.410, subds. (a) & (b).) “If, after service of a deposition notice, a party to the action or an officer, director, managing a...
2024.03.27 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.27
Excerpt: ...een filed may object, by demurrer or answer as provided in S ection 430.30 , to the plead ing on any on e or more of the followin g grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous a nd unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be...
2024.03.26 Motion for Attorney Fees 040
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.26
Excerpt: ... offer to compromise on February 20, 2023. (Exhibit F to the declaratio n of attorney Bryan Reynolds submitted with the opposition.) The terms of the statutory offer to compromise provides in ¶ 10 that defendant Jaguar Land Rover of North America “will pay Plaintiff's attorney's fees, expenses and costs in an amount to be det ermined by the Court to have been reasonably incurred pursuant to Civil Code Section 1794(d).” Subdivision (d) of sec...
2024.03.26 Demurrer 034
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.26
Excerpt: ... untimely. A demurrer must be filed “within 30 days after service of the complaint.” (Code Civ. Proc., § 430.40, subd. (a).) The “demurring party shall be granted an automatic 30 -day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining...
2024.03.26 Demurrer 084
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.26
Excerpt: ...se of action for breach of contract, the plaintiff must prove (1) the contract, (2) plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) “[T]he complaint must indicate on it s face whether the contract is written, oral, or implied by conduct.” (Otworth v. Southern Pacific Transportation Co. (1985)...
2024.03.26 Demurrer to FAC 650
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.26
Excerpt: ...Legislature enacted sec tion 1102.5 in 1984 to provide whistleblowers with protection from employer retaliation. [Citation.]” (People ex rel. Garcia -Brower v. Kolla's, Inc. (2023) 14 Cal.5th 719, 722.) Section 1102.5(b) “ ‘reflects the broad public policy in encouraging workplace whistleblowers to report unlawful acts without fearing retaliation.' [Citations.]” (Id. at p. 723.) “Section 1102.5 provides whistleblower protections to emp...
2024.03.26 Motion for Summary Judgment, Adjudication 243
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.26
Excerpt: ...Plaintiff's objection is sustained and the evidence is exc luded. (The video is described in the police report, which Plaintiff submitted as evidence.) Merits The elements of a negligence claim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury. (Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1159.) Premises liability “is grounded in the possession of the premises and...
2024.03.26 Motion for Legal Determination of Whether Activity Would Violate Statute, Rule, or Regulation 555
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.26
Excerpt: ... or regula tion per Labor Code section 1102.5(c). Defendants Hancock Jaffe Laboratories, Inc. (“HJL”) and Robert Berman (“Berman” and, collectively, “Defendants”) separately move the Court to interpret material provisions of Plaintiff's Employment Agreement and for t he following findings: A. Section 6(d) of the Agreement Required Plaintiff to Provide Written Notice of Specific Circumstances Constituting “Good Reason”, Allow 30 ...
2024.03.26 Motion to Compel Further Responses 603
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.26
Excerpt: ...n order compelling further response to the de mand 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 response is without m erit or too general. (b) A motion under subdivision (a) shall comply with each of the following: (1) The motion shall set forth specific facts sho...
2024.03.26 Motion to Expunge Lis Pendens 115
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.26
Excerpt: ...nia 92651 (the “Property”) and (2) awarding Defendants their reasonable attorney's fees in the amount of $5,692.50 incurred in preparation, filing, attendance and argument on this Motion. In this instance, there is no dispute that the case involves a real property claim . In this transaction for the purchase of real property in Laguna Beach, several offers and counteroffers went back and forth. However, the gist of the agreement was that the...
2024.03.26 Motion to Strike or Tax Costs 003
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.26
Excerpt: ... authority which support that incorrect information in a caption to a Memorandum of Costs warrants striking the entire Memorandum of Costs. When legal argument with citation to authority is not furnished on a particular point, the court may treat the point as forfeited and move on without consideration. (Okasaki v. City of Elk Grove (2012) 203 Cal.App.4th 1043, 1045, fn. 1.) Tentative Ruling: The Court DENIES the motion to the extent it seeks to ...
2024.03.25 Motions for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.03.25
Excerpt: ...Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305.) “The standard of care in a medical malpractice case requires that physicians exercise in diagnosis and treatment that reasonable degree of skill, knowledge and care ordinarily possessed and exercised by members of the medical profess ion under similar circumstances.” (Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 983- 984.) Here, the undisputed evidence demo...
2024.03.25 Motion to Strike 937
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.25
Excerpt: ...) 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 rule, or an order of the court.” Code of Civil Procedure, § 436. “[T]o establish the insurer's ‘bad faith' liability, the insured must show that the insurer has (1) withheld benefits due under the policy, and (2) that such withholding was �...
2024.03.25 Motion to Strike 799
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.25
Excerpt: ...n or proceeding until an arbitration is had in accordanc e with the order to arbitrate or until such earlier time as the court specifies.” (Code Civ. Proc., § 1281.4.) “The purpose of the statutory stay [required pursuant to section 1281.4] is to protect the jurisdiction of the arbitrator by preserving the st atus quo until arbitration is resolved. [Citations.] [¶] In the absence of a stay, the continuation of the proceedings in the trial ...
2024.03.25 Motion to Strike 623
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.25
Excerpt: ...on the grounds Plaintiffs have not sufficiently alleged facts to support a claim for punitive damages. Civil Code § 3294(a) provides for punitive damages “[i]n an action for breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the 28 defendant has been guilty of oppression, fraud, or malice. . .” Section 3294(c) defines malice, oppression and fraud as follows: “(1) “Malice” means ...
2024.03.25 Motion to Quash Service of Summons, to Enforce Compliance with Deposition Subpoena 233
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.25
Excerpt: ...Plaintiffs”) (“Motion 2” below). I. Motion 1 Motion 1 is DEN IED. In determining whether exercise of state -court jurisdiction is consistent with due process, the inquiry must focus on the relationship among the defendant, the forum, and the litigation. (Rush v. Savchuk (1980) 444 U.S. 320, 327.) The presence of pr operty in a state may bear on the existence of jurisdiction by providing contacts among the forum State, the defendant, and the...
2024.03.25 Motion to Enforce Settlement 396
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.25
Excerpt: ...of $86,469.53 within 15 days, as well as an order that D efendant pay Plaintiff for reasonably incurred attorneys' fees in the total amount of $7,164 relating to collecting the payment of attorney's fees, costs, and expenses. No opposition has been filed. Code of Civil Procedure section 664.6 provides, in pert inent part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally...

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