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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 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 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 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 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 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 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...
2024.02.09 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...
2024.02.08 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 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 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 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 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 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 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 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 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
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 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 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 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 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 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 ...
2024.02.08 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 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 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 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 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...
2024.02.07 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 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 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...
2024.02.07 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 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 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 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 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...

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