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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 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 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 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 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 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
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 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
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 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 ...
2024.02.02 Demurrer or Motion for Judgment on the Pleadings 685
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.02
Excerpt: ...ings, without leave to amend. UPCOMING EVENTS: Case Management Conference, March 27, 2024 FACTS/OVERVIEW: This is a PAGA-only action. On July 28, 2023, Plainti¯ Gustavo Chavez Franco, solely as a representative of the Labor & Workforce Development Agency and the Aggrieved Employees (“Plainti¯”), Þled a PAGA Representative Action Complaint against Defendant Padilla Construction Company (“Defendant”). (ROA 2.) The Complaint alleges Def...
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...
2024.02.02 Motion for Judgment on the Pleadings 176
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.02
Excerpt: ...rovement that proximately caused injury to private property. Paterno v. State of California (2003) 113 Cal. App. 4th 998, 1029. Here, plainti¯s' allegations of the City's substantial participation are insu¯icient as a matter of law. Plainti¯s allege in ¶71.1 of the Second Amended Complaint, “Defendant City of Cypress never reviewed the proposed land use instituted by Defendant Cypress School District in July 2021, and further did not app...
2024.02.02 Demurrer, Motion to Strike 974
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.02
Excerpt: ...Group 2023) ¶ 7:162.1.) The court exercises its discretion to consider the merits of the demurrer and motion to strike. Plainti¯s opposition exceeded the 15-page limit, without seeking leave to Þle a longer memorandum. The opposition also did not include a table of contents or table of authorities. (Cal. Rules of Court, rule 3.1113(d) & (f).) The court considered the opposition, given that Defendant improperly combined the demurrer and motio...
2024.02.02 Application for TRO 928
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.02
Excerpt: ...y tailored; and 5) No less restrictive means exist to achieve the overriding interest. Petitioner's request to seal the applicable records, as submitted in their already redacted form, is GRANTED. Pursuant to CRC 2.550(e), the court concludes that the proposed sealed portions are properly sought and agrees with petitioner that disclosure “would … disclose private, conÞdential and sensitive medical information ….” Petitioner's request for...
2024.02.02 Demurrer 998
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.02
Excerpt: ...' request for judicial notice of Exhibits A through E (ROA 65), is granted. (Evid. Code, § 452, subd. (c); see Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) In taking judicial notice, the court does not take judicial notice of the truth of the matters stated therein. (Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Violations of California Foreclosure Statutes (Civ. Code §§ 2924 et seq., ...
2024.02.02 Demurrer 555
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.02
Excerpt: ... in some respects uncertain, because ambiguities can be clariÞed under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains su¯icient facts entitling plainti¯ to relief. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) A demurrer for uncertainty should be overruled if the facts are presumpt...
2024.02.02 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.02.02
Excerpt: ...6) 177 Cal.App.3d 792, 802 [“the statute or ‘enactment' must at the very least be identiÞed” in the complaint].) Here, the 4th cause of action identiÞes Government Code section 815.6, which codiÞes the negligence per se doctrine against public entities who violate mandatory statutory duties. (FAC ¶ 142.) The speciÞc statues allegedly imposing mandatory duties on defendant are then identiÞed as Education Code section 32261, 32280-32282...
2024.02.02 Demurrer
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.02.02
Excerpt: ...irst, the court disagrees with L.A. Care that County of Santa Clara v. Superior Court (2023) 14 Cal.5th 1034 stands for the proposition that Plainti¯s are limited to a quantum meruit claim. In County of Santa Clara, the California Supreme Court considered whether a lawsuit for reimbursement of emergency medical services may be maintained against a health care service plan operated by a public entity or whether the Government Claims Act immunize...
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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...
2024.02.01 Motion to Compel Further Responses 123
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Excerpt: ...hat it “will comply in part and produce the following documents in its possession, custody or control: [list of documents].” Plainti¯ contends these responses are deÞcient because (1) no privilege log was provided for withheld documents and (2) the responses are not code compliant as they do not state that GM has conducted a diligent search for responsive documents. In opposition, GM contends that it has already produced responsive documen...
2024.02.01 Motion to Amend Default Judgment 186
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.01
Excerpt: ...n, and speculation. Mr. Lamkin states that he conducts “internal investigation into Judgment Debtors” for E-Tail. (Lamkin ¶1) Based on his “investigation,” he submits copies of documents that he obtained from the internet and makes several conclusions as to the alter ego and successor corporation theories. E-Tail states that Lamkin “is not an attorney and presents his declaration as a lay witness.” (Reply at 5:16) E-Tail argues that ...
2024.02.01 Motion to Compel Arbitration 347
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01
Excerpt: ...action involving commerce.'” (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277 [quoting 9 USC § 2] [emphasis in original].) The arbitration provision contained in the Residence and Service Agreement (“RSA”) states that claims including claims for personal injury or wrongful death shall be resolved by binding arbitration “in accordance with the Federal Arbitration Act.” (Zaragova Decl., Ex. B, para. 19.) Plainti...
2024.02.01 Motion to Compel Arbitration 373
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Excerpt: ... a valid and enforceable arbitration agreement found in Section M(2); that the arbitration provision in the home warranty service plan subjects all of Plainti¯s' claims to an arbitrator, including on issues related to the applicability or arbitrability of the contract, including any disputes over payments; and that the arbitration provision explicitly delegates all questions of arbitrability to the arbitrator such that questions of whether the ...
2024.02.01 Motion to Compel Arbitration 858
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.01
Excerpt: ...�c performance of that 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. Defendant carried its burden of proving the existence of a valid arbitration agreement by the preponde...
2024.02.01 Motion to Compel Further Responses 059
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.01
Excerpt: ... the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general.” Defendant's motion seeks a further response to Form Interrogatories 9.1/9.2 and 17.1. Plainti¯ objected to 9.1/9.2 on the grounds that manner in which defendant deÞned the term, “incident,” made the interrogatory vague and ...
2024.02.01 Motion to Strike Complaint
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.01
Excerpt: ...ection with a public issue shall be subject to a special motion to strike, unless the court determines that the plainti¯ has established that there is a probability that the plainti¯ will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party moving to strike a cause of action has met its...
2024.02.01 Motion to Compel Further Responses 250
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.01
Excerpt: ...s each appears to exceed the appropriate scope of discovery based on what has been shown here to date. For Interrogatory Nos. 13-18, the Motion is GRANTED IN PART. For Nos. 13 -15, GM is to identify (and produce, on Motion 2 below) its warranty policy/procedure manuals and claim handling manuals for the period between Plainti¯s date of purchase and the date of suit; the Motion is otherwise DENIED. Motion 2 is GRANTED IN PART. SpeciÞcally, the...
2024.02.01 Motion to Compel Further Responses 622
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.01
Excerpt: ...s. If a timely motion to compel has been Þled, the responding party has the burden to justify any objection or failure fully to answer the discovery requests. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220-221.) Request for Admissions The Court Þnds Plainti¯'s response to RFA 1 is not “as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2033.220(a).) RFA 1 ask...
2024.02.01 Motion to Quash Service of Summons 441
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.01
Excerpt: ...ictional discovery. 6 Motion to quash based on service of Eduardo Cosentino in British Columbia CG is a Spanish company headquartered in Spain. Vela Decl. (ROA 266) ¶ 4. Plainti¯s personally served Eduardo Cosentino, CG's Executive Vice President for Global Sales, with the summons and complaint in Burnaby, British Columbia on September 13, 2023. Metzger Decl. (ROA 486) Ex. 4. CG contends personal service on its Executive Vice President for Glo...
2024.02.01 Motion to Serve by Publication
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.01
Excerpt: ... another manner speciÞed in this article and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action[; or] (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interes...
2024.02.01 Motion to Strike 442
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01
Excerpt: ...1-01236442, which is a proceeding in probate court. Plainti¯ opposes the motion and objects to the certain of the documents for which judicial notice is requested, including a declaration that he Þled in this case in connection with an ex parte application for a TRO and OSC re: preliminary injunction. In that all documents were Þled in this action or the probate action, the Court takes judicial notice of them. To the extent that the notice of...
2024.02.01 Motion to Strike 504
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01
Excerpt: ...ncing evidence that the defendant has been guilty of oppression, fraud, or malice, the plainti¯, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” (Civ. Code §3294, subd. (a).) Civil Code section 3294, subdivision (c)(1) deÞnes “malice” as “conduct which is intended by the defendant to cause injury to the plainti¯ or despicable conduct which is carried on by the de...
2024.02.01 Petition to Confirm Arbitration Award 804
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.02.01
Excerpt: ...ion to compel arbitration. As an initial matter, the Court notes it is unclear whether service on respondent Dan Nguyen aka Dan Ngoc Nguyen aka Huu Dan The Nguyen (“Nguyen”) by mail and certiÞed mail with return receipt requested is proper. Petitioner previously represented to the Court that Nguyen no longer maintained a mailbox at the address where the current petition was mailed. (Diaz Decl. in Support of Application for Order for Service ...
2024.02.01 Motion for Summary Judgment, Adjudication, Petition for Alternative Writ of Mandate 435
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.01
Excerpt: ...), which provides that “summary adjudication shall be granted only if it completely disposes of a cause of action, an a¯irmative defense, a claim for damages, or an issue of duty.” (Emphasis added.)) The complaint (ROA 2) contains a single cause of action for medical negligence. It alleges that, on December 26, 2021 and thereafter, all Defendants, including the moving Defendant, undertook the care and treatment of the plainti¯ in connecti...

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