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2024.03.12 Motion for Protective Order 250
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.03.12

Excerpt: ...vidence regarding Defendant's purpose and motive for creating speci al b en eﬁ ts fo r Bl a ck emp l oyees ; an d c. A ny ev i d en c e of re ason s for p l ai n ti ff's termination other than the reasons alleged in plaintiff's notice of termination. The Motion also seeks appointment of a discovery referee and an order requiring Defendant to pay for a neutral third -party ESI vendor. The Court may impose a monetary, issue, evidence, or terminat...

2024.03.12 Motion for Attorney Fees 325
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.03.12

Excerpt: ...al of $1,210,647.00. As PFS was the prevailing party both in defending against P laintiff PAR's Breach of Contract cause of action, and in prosecuting its own Breach of Contract cause of action in the FAXC, the Court ﬁnds PFS is entitled to attorney's fees pursuant to CC§1717 and the governing contract. Although there is some dispute as to whether the negotiations for “consumables” was a separate contract, this Court ﬁnds that because th...

2024.03.12 Demurrer to SAC, Motion to Strike 766
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.03.12

Excerpt: ...h based on Defendant's alleged failure to disclose that the vehicle an d its lithium-ion battery were defective and susceptible to sudden and premature failure. SAC, ¶¶ 83 -94; 95- 112. Defendant argues the 5th c/a and 6th c/a are barred by the applicable three -year statute of limitations. CC § 338; CC § 1783. The claims are su bject to a three- year statute of limitations and, absent any delayed discovery, equitable estoppel or tolling, the...

2024.03.12 Demurrer to Amended Complaint 081
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.12

Excerpt: ...‘scienter'); (c) intent to defraud, i.e., to induce reliance ; (d) justiﬁable reliance; and (e) resulting damage.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) Fraud must be plead with particularity and requires “pleading facts which show how, when, where, to whom, and by what means the representations wer e tendered.” (Id. at 645 (cleaned up).) Plaintiffs plead on August 10, 2020, Fluidﬁ and Li entered into a contract with M...

2024.03.12 Motion for Judgment on the Pleadings 811
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.03.12

Excerpt: ...ed their Request for Judicial Notice as ordered on January 12, 2024. The Request for Judicial Notice is GRANTED. (Evid. Code §§ 451(f), 452(g), 452(h) 452(c); Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 376 [“If a plaintiff alleges compliance with the claims presentation requirement, but the public records do not reﬂect compl iance, the governmental entity can request the court to take judicial notice under Evidence Code section 45...

2024.03.11 Motion for Contempt 221
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11

Excerpt: ...r, or process of the court” is contempt of the authority of the court. (Code Civ. Proc., § 1209, subd. (a)(5).) “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience.” (Conn v. Superior C ourt (1987) 196 Cal.App.3d 774, 784.) “A contempt proceeding [for indirect contempt] is commenced by the ﬁling of an aff...

2024.03.11 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.03.11

Excerpt: ...he cause of action, even if not separately pleaded, cannot b e established, or that there is a complete defense to the cause of action. Once the defendant or cross- defendant has met that burden, the burden shifts to the plaintiff or cross -complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or crosscomplainant shall not rely upon the allegations or denials of...

2024.03.11 Motion for Summary Judgment
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.03.11

Excerpt: ... even if not separately pleaded, ca nnot be established, or that there is a complete defense to the cause of action. O nce th e d efend ant o r cross -defendant has met that burden, the burden shifts to the plaintiff or cross- complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or cross -complainant shall not rely upon the allegations or denials of its pleadin...

2024.03.11 Motion for Preference 478
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.11

Excerpt: ...ecessary to prevent prejudicing the party's int erest in the litigation.” Code Civ. Proc., § 36(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 ﬁnd as a matter of fact the risk posed of that party...

2024.03.11 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.03.11

Excerpt: ...e motion, the court must treat all of the defendant's allegations as being tru e, and the motion should be denied if the defendant's pleading raises a material issue or sets up an affirmative matter constituting a defense. (Id. at p. 331; accord, Sebago, Inc. v. City of Alameda (1989) 211 Cal.App.3d 1372, 1380; see also, Engine Manuf acturers Assn. v. State Air Resources Bd. (2014) 231 Cal.App.4th 1022, 1034.) Here, the answer of Plaintiff/Cross ...

2024.03.11 Demurrer 949
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11

Excerpt: ...hibits attached and incorporated therein) or fr om matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied u pon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (201...

2024.03.11 Motion for Anti-SLAPP 111
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.11

Excerpt: ...1600873201) (“Underlying Case”); appellate opinions in Case Nos. G059087 and G05 9753; and the complaint in the related case (Case No. 2022 -01284907) is granted. 5 Movants move to strike Cross -Complainant Jennifer Loeffler's sole claim against them in her Cross- Complaint – the second cause of action for violations of the Fair Debt C ollection Practices Act (FDCPA). Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal....

2024.03.11 Demurrer, Motion to Strike 699
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.11

Excerpt: ...trike are DENIED. I. DEMURRER BY LEGACY The within action is brought under the Elder Abuse and Dependent Adult Civil Protection Act (“Act”) and arises out of the death of Andrew Chavez (“Andrew”), an alleged drug addict. The Act creates a civil cause of action for a “dependent adult” who suffers “neglect” or “de privation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.” (...

2024.03.11 Motion for Summary Judgment, Adjudication 780
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.11

Excerpt: ..., 49 (2018). “It then falls to plaintiff to counter with evidence creati ng a dispute about a fact relevant to that defense.” Id. “That is, the plaintiff must submit evidence that would allow a ‘reasonable trier of fact [to] ﬁnd in plaintiff[‘s] favor on the statute of limitations issue.” Id. This is a wrongful death and surv ival action. Plaintiffs allege that the Decedent died from injuries sustained in an electrical ﬁre that oc...

2024.03.11 Demurrer 525
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11

Excerpt: ...ntervention” in support of defendant is equivalent to answer, and demur rer to it is treated as demurrer to answer].) There are only three grounds for demurrer to an answer under CCP § 430.20: (1) Failure to state facts sufficient to constitute a defense (2) Uncertainty; (3) Failure to state whether contract alleged in the an swer is written or oral. The Rutter Guide says that a demurrer can be an effective tool for eliminating “boilerplate�...

2024.03.11 Demurrer 505
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11

Excerpt: ...tters are reasonably disputable. [Citati on.]” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113.) However, a court “can take judicial notice of the truth of facts asserted in documents such as orders, ﬁndings of fact and conclusions of law, and judgments. [Citations.]” (Starr v. Ashbrook (2023) 87 Cal.App.5th 999, 1014.) “The trial court shall take judicial notice of any matter speciﬁed in Section 452 if ...

2024.03.11 Demurrer 314
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11

Excerpt: ...r punitive and treble damages. First cause of action f or negligence The elements of a negligence cause of action are: (a) a legal duty to use due care; (b) a breach of such legal duty; and (c) the breach as the proximate or legal cause of the resulting injury. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) “Generally, one has a duty to use due care to avoid injuring others.” (Terry v. Garcia (2003) 109 Cal.App.4th 245, 249.) “Ev...

2024.03.11 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.03.11

Excerpt: ...c denial of the material allegations of the complaint controve rted by the defendant. (2) A statement of any new matter constituting a defense.” CCP §430.20 authorizes a party to object by way of demurrer to an “answer that does not state facts sufficient to constitute a defense.” A defendant raising new matters in an answer must allege ultimate facts sufficient to prove the defense with the same level of detail that a plaintiff is require...

2024.03.11 Motion for Summary Judgment, Adjudication 037
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.11

Excerpt: ...f the causes of action for breach of contract. The breach of contract claims involve an Equipment Finance Agreement (“EFA”) entered into by ST and Partners Capital Group (“PCG”). The original term was for 60 months with 60 payments of $4,990.46. The EFA notes that an advance payment of $4,990.46 was received and applied to the ﬁrst monthly payment due with an y remainder to be applied to the last payment(s) due. The “Commencement Date...

2024.03.11 Motion for Protective Order 632
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11

Excerpt: ...on this motion; or, in the alternative, a n order appointing a discovery referee to oversee and monitor Defendant's behavior at all depositions and at Defendant's expense.” (Not. of Mot. at p. 2.) Under CCP section 2025.420, any party “may promptly move for a protective order” before, during or af ter a deposition. The motion must be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2025.420, subd. (a).) “The court, for g...

2024.03.11 Motion for Terminating, Issue, Evidentiary, Monetary Sanctions for Spoliation of Evidence 920
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.11

Excerpt: ...nts' request for judicial notice, Nos. 1 -4. It is unnecessary to ask the court to take judicial notice of materials previously ﬁled in this case. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2014) ¶ 9.53.1a, p. 9(l) -3 3.) Plaintiff's Evidentiary Objections. The Court declines to rule on plaintiff's objections as such rulings w...

2024.03.11 Motion to Strike 023
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.11

Excerpt: ...marily to chill the defendant's exercise of First Am endment rights.” Finton Construction, Inc. v. Bidna & Keys, APLC, 238 Cal. App. 4th 200, 208 (2015). The trial court engages in a two -step process to determine whether a special motion to strike should be granted. Code Civ. Proc., § 425.16(b)(1). First, the court decides whether the defendant has met its initial burden of establishing a prima facie showing that defendant's acts, of whic...

2024.03.11 Motion to Compel Arbitration 370
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11

Excerpt: ...ry objections to the declaration of Stefan Chacon are OVERRULED. Plaintiff SSSHT Opco SE Division Street, LLC's evidentiary objections to the declarations of Tracee DeGrande and Collette Gray are OVERRULED. Defendant Integral Senior Living, LLC (Defendant Integral) moves to compel arbitration of the claims brought by SSSHT Opco SE Division Stree t, LLC and to stay these proceedings pending completion of arbitration. Defendant Integral Senior Livi...

2024.03.11 OSC Re Preliminary Injunction 635
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.11

Excerpt: ...heir agents, assigns, partners, employees, employers, and any individual or entity acting in concert with them from engaging acting in concert with them from engaging in the following is GRANTED: 23 1. Withdrawing, transferring, disposing, concealing and/or otherwise accessing any money in any bank or ﬁnancial acco unt where any Plaintiff is identiﬁed as an account holder including checking accounts, savings accounts, money market accounts, C...

2024.03.11 Motions to Compel Discovery 371
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11

Excerpt: ...aintiff Luis Alberto Garcia is ORDERED to serve fu ll, complete, and veriﬁed responses and responsive document to Inspection Demand Set No. 1, without objections, within 30 days of service of the notice of ruling. Plaintiff Luis Alberto Garcia is ORDERED to pay to Defendant Amber Ashley Melville sanction s in the amount of $978 (0.5 hours x $500 per hour and 2.5 hours x $375 per hour in reasonable attorney's fees and $60 in motion ﬁling fees)...

2024.03.11 Motions to Compel Discovery 325
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11

Excerpt: ...l Numbers 4.1, 4.2, and 15.1, within 30 days of service of the not ice of ruling. Defendant RML Properties is ORDERED to serve full, complete, and veriﬁed responses to Form Interrogatories – General Numbers 4.1, 4.2, and 15.1, within 30 days of service of the notice of ruling. Plaintiff Sharon Galasso's Motion to Compe l Defendant Maya Linda II, LLC's Further Responses to Requests for Production is DENIED without prejudice. Plaintiff Sharon G...

2024.03.11 Motion to Vacate Dismiss and Enter Judgment 593
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11

Excerpt: ...t Max Berreyesa pursuant to the Agreement between the parties dated February 22, 2023, in the amount of $34,417 plus reasonable attorney's fees and costs of $2,660. Plaintiff Virginia Kumpe moves to vacate the dismissal of this action and to enter judgment against Defendants Dandelion Enterprises, LLC dba Tappin Roots and Max B erreyesa pursuant to the Agreement between the parties dated February 22, 2023 and the Stipulation for Entry of Judgment...

2024.03.11 Motion to Strike 169
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11

Excerpt: ...Gold Rain Foundation (Defendant GRF) and Defendant Seal Beach Mutu al Eleven (Defendant SBME) move to strike punitive damages allegations and claims from the First Amended Complaint for Damages (FAC) ﬁled by Plaintiffs John Dennis Mulvihill, Breda Marie Mulvihill -Hernandez, and Julia Geraldine Mulvihill. Standard for Mo tion to Strike A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or...

2024.03.11 Special Motion to Strike
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.03.11

Excerpt: ...ce inﬂiction of emotional distress alleged in the second amended complaint (SAC) of plaintiff Stella Tritakis (Plaintiff). The is DENIED as set forth below. “In applying this statute, a court generally is required to engage in a two -step process. ‘First, Civil Procedure Code section 425.16 , subdivision (b), provides in relevant part: “A cause of action against a person arising from any act of that person in furtherance of the person's r...

2024.03.11 Motion to Seal 375
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11

Excerpt: ...iller contained in Plaintiff Judy P. Fisher's Compendium of Evidence in Support of Opposition to Defendant Deloitte Services LP's Motion for Summary Judgment or Summary Adjudication, (ROA #225), and the information contained therein. The court ORDERS that, within 15 days of this ruling, Plaintiff Judy P. Fisher s hall ﬁle redacted versions of: 1. Plaintiff Judy P. Fisher's Statement in Opposition to Defendant Deloitte Services LP's Amended Sepa...

2024.03.11 Motion to Compel Further Responses to Discovery
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.03.11

Excerpt: ... procedures, including enforcement proced ures, for each discovery method. The issue here is that Genera moves to compel a non- party to produce further documents pursuant to a subpoena. Non -party discovery is governed by CCP §§ 1985, et seq. and 2020.010, et seq. Where a non- party refuses to co mply with a deposition subpoena, the requesting party must move under the appropriate code section seeking enforcement of said subpoena, and not CCP ...

2024.03.11 Motion to Compel Further Responses 551
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.11

Excerpt: ... From Defendant Cheol Kim, etc. (“Motion 2” below , ﬁled as ROA 66); (3) Motion to Compel Further Responses Without Objections to Special Interrogatories (Set One) From Defendant Cheol Kim, etc. (“Motion 3” below, ﬁled as ROA 94); (4) Motion to Compel Further Responses Without Objections to Special In terrogatories (Set One) From Defendant Pinebrook Acupuncture, etc. (“Motion 4” below, ﬁled as ROA 78); (5) Motion to Compel Furth...

2024.03.11 Motion to Compel Discovery 254
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.11

Excerpt: ...discovery by taking in California the oral deposition of any person, including any party to the action. (See Code Civ. Proc., § 2025.010.) A party desiring to take an oral deposition of a person who is under the jurisdiction of the court shall give written notice of the deposition. (S ee Code Civ. Proc., § 2025.2 20, subd. (a).) ”If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employ...

2024.03.11 Motion to Compel Deposition 804
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.11

Excerpt: ...n the deposition notice if, after service of a deposition notic e and without having served a valid objection, the party fails to appear for examination. A motion under Code of Civil Procedure § 2025.450(a) must be accompanied by a declaration under Code of Civil Procedure § 2016.040 or, when the deponent fails to att end the deposition and produce documents, by a declaration stating that the moving party contacted the deponent to inquire about...

2024.03.11 Motion to Compel Arbitration 499
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.11

Excerpt: ...te covered by the agreement. Code Civ. Proc. § 1281.2. “The trial court m ay resolve motions to compel arbitration in summary proceedings, in which ‘[t]he 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. In these summary proceedings, the ...

2024.03.11 Motion to Quash Discovery Subpoena 839
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.11

Excerpt: ...terms and conditions as the court shall declare inclu ding protective orders. In addition, the court may make any other order as may be appropriate to protect the moving party from unreasonable or oppressive demands including unreasonable violations of the moving party's right of privacy. Code Civ. Proc. §1 987.1. Further, in connection with a subpoena for consumer records: Any consumer whose personal records are sought by a subpoena duces tecum...

2024.03.08 Motion to Compel Deposition of PMQ 742
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.08

Excerpt: ...onically stored information, or tangible thing described in the deposition notice” if, “after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection an...

2024.03.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 944
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08

Excerpt: ... compel arbitration. This is the ﬁrst hearing on the matter. SUMMARY OF THE SE TTLEMENT: A copy of the fully executed Class- PAGA Action Settlement Agreement is attached as Exhibit 1 to the Declaration of Robert W. Skripko. (ROA 516.) Class Deﬁnition: “All non- exempt individuals who worked for ESSC in California as a Job Coach, Life Coach, Life Skills Coach, Life Skills Coach I or 1, Life Skills Coach II or 2, and/or Life Skills Coach Floa...

2024.03.08 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.03.08

Excerpt: ....) The Village has shown it gave effective notice to defend ant Garﬁeld Beach CVS LLC of its change of address by the 4/30/18 email. The Village has shown CVS waived the lease's notice provisions by accepting the 4/30/18 emailed notice. (See Irving v. Sunset Mut. Life Ins. Co. (1935) 4 Cal.App.2d 455, 460 [ins urer's acceptance waived policy's notice provisions]; Lynch v. California Coastal Com. (2017) 3 Cal.5th 470, 475 [implied waiver]; see a...

2024.03.08 Motion for Summary Judgment, Adjudication 516
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.03.08

Excerpt: ...ndant fails to meet its initial burden as to Noticed Issu es No. 1, 3, 6, 7, & 8. As to Noticed Issue No. 1, (Vatalaro v. Cnty. of Sacramento (2022) 79 Cal. App. 5th 367, 381) cited by defendant is distinguishable. In Vatalaro the plaintiff could only point to an unspeciﬁed violation of civil service rules and more importantly, had affirmatively conceded in discovery that she had no reasonable belief that the law had been broken. (25 Cal 4th at...

2024.03.08 Motion to Compel Arbitration 086
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08

Excerpt: ...tiff's individual claims, dismissing the class action claims, and stayi ng all proceedings pending completion of arbitration. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action. On October 5, 2023, Plaintiff Antonio Cornejo Herrera, individually and on behalf of all others similarly situated (“ Plaintiff”), ﬁled a Complaint against Defendants The Picerne Group, Inc.; TPG Property Management, Inc.; and Pice...

2024.03.08 Motion to Compel Arbitration 795
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08

Excerpt: ... Seyfarth Shaw LLP, seeks to be admitted pro hac vice to represent Defendants Hyatt Corporation and The Hyatt Corporation Compensation Committee. UPCOMING EVENTS: None Mr. Schwartz -Fenwick attests that within the preceding two years, he has applied and been admitted to appear pro hac vice in one matter in Calif ornia: Lance Baird v. Hyatt Corporation, et al., C.D. Cal., Case No. 2:22 -cv - 01620, March 1, 2023. Mr. Schwartz -Fenwick attests that...

2024.03.08 Motion to Quash Records Subpoena 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.08

Excerpt: ...onditions as the court shall declare including protective orders. In addition, the cour t may make any other order as may be appropriate to protect the moving party from unreasonable or oppressive demands including unreasonable violations of the moving party's right of privacy. (Code Civ. Proc., § 1987.1.) Where the documents sought are c onsumer records, a notice to consumer must be served before the subpoena is served. (Code Civ. Proc., § 198...

2024.03.08 Motion to Compel Production 736
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.03.08

Excerpt: ...��all communications between Plaintiff and Mr. Walters co nceivably relevant to the Gifting Transaction for the years 2013 - 2014”].) Busch has failed to set forth speciﬁc facts showing good cause for any further production. (See Code Civ. Proc., § 2031.310, subd. (b)(1); Glenfed Develop. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117 [good cause]; see also Chute Decl. ¶ 11.) Good cause must be supported by factual evidence, such ...

2024.03.08 Motion to Consolidate Actions 409
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.08

Excerpt: ...posed request for judicial notice is GRANTED. I. Background This case, ﬁle d in 2022, is a wage-and -hour class action involving the non- exempt employees of Herbalife Manufacturing, LLC. Suri Figueroa, the sole remaining plaintiff in the operative Second Amended Complaint (2AC), brings the following claims: (1) minimum wage violat ions, (2) overtime violations, (3) meal break violations, (4) rest break violations, (5) sick time violations, (6)...

2024.03.08 Motion to Dismiss
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.03.08

Excerpt: ...within the meaning of Section 583.310 of the Code of Civil Procedure on the ﬁling of the plaintiff's original compl aint. (Bruns v E-Commerce Exch., Inc. (2011) 51 Cal.4th 717, 723.) A judge may dismiss an action, on the judge's own motion or on the defendant's motion, after notice to the parties when the action is not brought to trial within this time period. (Code Ci v. Proc. § 583.360(a).) The three statutory exceptions that tol...

2024.03.08 Motion to Strike or Apportion Consulting Costs 837
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.03.08

Excerpt: ...urt's judgment. Plaintiff is mistaken. The ﬁling of a notice of appeal does not deprive the trial court of jurisdiction to award costs and attorney fees. (Korchemny v. Piterman (2021) 68 Cal.App.5th 1032, 1052.) Plaintiff argues the court should consider his ﬁnancial condition in awarding costs under Vill anueva v. City of Colton (2008) 160 Cal. App.4th 1188, 1202, which held that in a FEHA case, “a plaintiff's ﬁnancial resources must...

2024.03.08 Petition to Compel Arbitration 129
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.03.08

Excerpt: ...� 1281.2). Defendants have the “burden of proving the existence of a va lid arbitration agreement by a preponderance of the evidence while a party opposing a petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.” (Ruiz v. Moss Bros. Auto Group (2014) 232 Cal.App.4th 836, 842 ; accord (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 [once petitioner alleges the agreement e...

2024.03.08 Special Demurrer 666
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.08

Excerpt: ...dant argues this case should be stayed in favor Gates, an earlier -ﬁl ed action also pending in this department. It argues ﬁrst that the case should be abated and second that the Court should exercise its discretion to stay this case. I. Abatement Defendant's argument for abatement conﬂates two separate concepts: the plea in abatement and the rule of exclusive concurrent jurisdiction. The Court considers each in turn. A. Plea in Abatement �...

2024.03.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 305
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.08

Excerpt: ...tted, a redline showing all changes, deletions and addi tions must be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. As to the Settlement: 1. Please provide a copy of Plaintiff's pre -ﬁling letter to the LWDA. 2. Are the parties aware of any actions, whether individual, class, or PAGA (including in the pre -ﬁling LWDA stage) that may be affected ...

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