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2024.05.14 Motion for Summary Judgment, Adjudication 829
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.05.14
Excerpt: ... merit, and that there are not triable issues as to any material fact. Motion is GRANTED. Plaintiffs plead two causes of action: Negligence and False Imprisonment. Defendants argue that Plaintiffs trespassed at the hotel by not leaving as of checkout time and refusin g to vacate the room even after security was called in notifying Plaintiffs that the police would be called. Indeed, Security Officer Jacinto testified that after security told Bent...
2024.05.14 Demurrer, Motion to Strike 756
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.14
Excerpt: ...may consider Plaintiff's non-opposition as an abandonment of any opposition to the arguments raised by Defendants in the motion to strike. Herzberg v. County of Plumas, 133 Cal. App. 4th 1, 20 (2005). Accordingly, the motion to strike is GRANTED WITHOUT LEAVE TO AMEND in its entirety. II. Demurrer to Complaint Defendants additionally filed a demurrer to the complaint, attacking the first cause of action for disability discrimination, second cau...
2024.05.14 Demurrer 798
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.14
Excerpt: ...he breach of contract allegations against it versus Cross- Defendant Tierney is unclear. Cross -Complainant responds that Movant is liable based on the alter ego allegations contained at paragraph 5 of the Cross -Complaint. “In California, two conditions must be met before the alter ego doctrine will be invoked. First, there must be such a unity of interest and ownership between the corporation and its equitable owner that the separate personal...
2024.05.14 Demurrer 370
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.14
Excerpt: ...onship to another which induces justifiable reliance by the latter to his prejudice.' Actual reliance and causation of injury must be shown.'” Prakashpalan v. Engstrom, Lipscomb & Lack, 223 Cal. App. 4th 1105, 1131 (2014) (internal citations omitted). “[T]he elements of a repres entation and falsity, are absent from constructive fraud. The fraud consists of the breach of the fiduciary duty of disclosure of relevant matters arising from the ...
2024.05.14 Motion for Discovery 562
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.14
Excerpt: ... to Compel Deposition of Non-Party Deponents. For example, Plaintiffs have already begun engaging in discovery by issuing business records subpoenas (Subpoenas) to Non -Party Deponents on 9/29/23 (Motion, at. p. 3:5 -7, Exs. A, B), Plaintiffs have already tried to meet and confer with Non- Party Deponents without success (Motion, at. p. 3:8 -11, Exs. A, B; see also Declaration of Salar Atrizadeh, ¶¶ 4, 9), Plaintiffs contend they “have the ri...
2024.05.13 Motion for Summary Judgment, Adjudication 303
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...plaint -inInt ervention by Intervenor Applied Risk Services, Inc., which provided workers compensation insurance to Plaintiff's employer. The Court declines to consider the opposition filed by Defendant The Irvine Company LLC, because Defendant does not have standing t o oppose the motion under Code of Civil Procedure section 437c(p)(2), which provides that the burden shifts to “the plaintiff or crosscomplainant” in opposing a motion for sum...
2024.05.13 Demurrer 122
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13
Excerpt: ...rtgage Co. v. Reece (2001) 89 Cal.App.4th 731, 745.) Defendants demur to the breach of contract cause of action on the ground it is not sufficiently pled because Plaintiffs cannot allege their performance under the contract and fail to allege any damages resulting f rom any purported breach by Defendants since Plaintiffs were damaged by their own conduct and inability to meet their obligations under the loan received from Defendants. Here, the 4A...
2024.05.13 Demurrer 782
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...parts in their context. If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. [¶] The courts of this state have long since depar ted from holding a plaintiff strictly to the form of action that has been pleaded and 5 instead have adopted the more flexible approach of examining the facts alleged to determine ...
2024.05.13 Demurrer, Motion to Strike 133
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.13
Excerpt: ...rike shall meet and confer in person or by telephone with the party who filed the pleading being attacked to determine whether a resolution may be reached. Code Civ. Proc. §§ 430.41(a), 435.5(a). Here, counsel states he attempted to meet and confer with Plaintiff twice bef ore filing and Plaintiff did not respond. However, Plaintiff asserts in his own declaration that he attempted to call counsel twice to meet and confer and was informed that...
2024.05.13 Demurrers to FACC 772
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.05.13
Excerpt: ...tine Tan (Ta n), mMax Communications, Inc., and mMax Communications Pte Ltd. (MCSG) (collectively, crosscomplainants) are granted 10 days leave to amend. Two sets of demurrers by the same set of crossdefendants. As an initial matter, cross -defendants appear to believ e that just because they have retained several different law firms to represent them in this action, they can bring two separate demurrers to the same pleading. No authority provid...
2024.05.13 Discovery Motions 437
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...of $300 payabl e to Defendant no later than 30 days from the date of the service of notice of this order. California Rules of Court, rule 3.1348, subd. (a) [“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though . . . the requested discovery was provided to the moving party after the motion was filed.]. Moving Defendant to give notice. Motion to Compel Answers to Form Int...
2024.05.13 Motion for Attorney Fees
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.13
Excerpt: ...ct. CCP §1974( d) says a prevailing buyer “shall recover . . . attorney's fees and costs based on the actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” [Emphas is added] However, CCP §1794(d) does not say the Court has to give Plaintiff's counsel everything they ask for. For claims under the Song -Beverly Act claims, a prevailing b...
2024.05.13 Motion for Summary Judgment 444
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13
Excerpt: ...eclaration that the defendant's conduct fell within the community standard of care, or did not cause or contribute to the injury, the defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence. (Hanson v. Grode (1999) 76 Cal.App.4th 601, 607; Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 984- 985.) Here, Defendants have met their initial burden. The expert opinion of Dr...
2024.05.13 Motion for Summary Judgment, Adjudication 193
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13
Excerpt: ... the allegation that, b etween March and November, the common area trash dumpsters “create a major nuisance as a source of fruit flies.” (TAC at ¶59) Plaintiff does not assert that the defendants put food or other items in the dumpsters which attracted fruit flies. Instead, pla intiff alleges that “defendants' efforts to abate the nuisance were completely inadequate.” (TAC at ¶66) This requires proof of negligence. “[T]hat proof of ...
2024.05.13 Demurrer 000
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...the grounds the Complaint fails to state facts sufficient to constitute a cause of action against Defendant and is “uncertain.” Defendant Endresen The Code provides that unless the grounds for a demurrer are distinctly specified, it may be disregarded. Code of Civil Procedure § 430.60. In the introduction to the points and authorities Defendants argue Endresen is not a proper party because there are no allegations he exceeded the scope of h...
2024.05.13 Motion for Summary Judgment, Adjudication 556
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...e evidenc e/objections before the Court as contained in the papers, the Court rules as follows on Defendant's Evidentiary Objections to Exhibit 2, excerpts from Plaintiff's deposition transcript: Objection Nos. 1 -5: Sustained. Objection No. 6: Sustained in part and Overruled in part. Sustained as to “Several times at the movie theater.” To the extent DOE 2 is answering the preceding question at p. 73:21 -24 “the only time you ever heard hi...
2024.05.13 Motion to Vacate Arbitration, Stay Proceedings, for Sanctions 704
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13
Excerpt: ... this “procedur al limbo.” (Gallo v. Wood Ranch USA, Inc. (2022) 81 Cal.App.5th 621, 634 (Gallo) [quoting legislative history].) The Legislature enacted section 1281.97 along with section 1281.98 and amended both sections in 2021. The former provision concerns fees due at the initiation of the arbitration. CCP § 1281.98 applies to fees and costs required during the arbitration to continue the proceeding. (Williams v. West Coast Hospitals, In...
2024.05.13 Motion for Summary Judgment, Adjudication 590
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...erits.” A ssociation of 36 Irritated Residents v. Department of Conservation (2017) 11 Cal. App. 5th 1202, 1218. “Res judicata, or claim preclusion, prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity wi th them.” Ibid. “[I]f a plaintiff prevails in an action, the cause is merged into the judgment and may not be asserted in a subsequent lawsuit; a judgment for the defendant ser...
2024.05.13 Motions to Set Aside 061
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13
Excerpt: ...ight Writs of At tachment issued on January 17, 2024. “[A]lthough in a motion under section 485.240 the defendant is the moving party, the plaintiff nevertheless continues to have the burden of proving (1) that his claim is one upon which an attachment may be issued and (2 ) the probable vali dity of such claim, th e same burden h e must meet under sec tio n 484.090.” ( Loeb & L oeb v. Beverly Glen Music (1985) 166 Cal.App.3d 1110, 1116.) Def...
2024.05.13 Motions to Compel Deposition
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.13
Excerpt: ...d a valid objection under S ection 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, …the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production...” (Code Civ. Pro c., § 2025.450.) “[A]ny party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or i...
2024.05.13 Motions to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.13
Excerpt: ...ation and Production of Documents, Set One to OSL (“Motion 1”); (2) Plaintiff's Motion to Compel Further Responses, etc., filed as ROA 49 on 1/18/24, concerning Plaintiff's Form Interrogatories, Set One to OSL (“Motion 2”); (3) Plaintiff's Motion to Compel Further Responses and Documents, etc., filed as ROA 123 on 2/8/24, concerning Plaintiff's Request for Identification and Production of Documents, Set One to OMG (“Motion 3”); and...
2024.05.13 Motion to Strike 587
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.13
Excerpt: ...tion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike 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. An “irrelevant matter,” or “immaterial allegation,” means: (1) an allegation that is not essential to the statement...
2024.05.13 Motion to Set Aside Default, Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.13
Excerpt: ...ting defendant is e ntitled to be served by an amended complaint when the amendment is as to a matter of substance and not a mere matter of form. The reason for this rule is plain. A defendant is entitled to opportunity to be heard upon the allegations of the complaint on whi ch judgment is sought against him.' [Citations.] An amendment which significantly increases the amount of damages sought is an amendment of substance which must be served b...
2024.05.13 Motion to Deposit by Stakeholder, for Discharge of Stakeholder, for Attorney Fees 241
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.05.13
Excerpt: ... to litigate their claims among themselves. (Hancock Oil Co. of Calif. v. Hopkins (1944) 24 Cal.2d 497, 508; City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.) Interpleader is an equitable procedure through which those who face conflicting claims to mone y or property they hold but have no interest in (referred to as “stakeholders”) may compel the claimants to interplead and litigate their claims to the money or property among t...
2024.05.13 Motion to Compel Deposition of Third Party
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.13
Excerpt: ...on is requir ed. Personal service on a corporation is governed by CCP § 416.10, which states in part: A summons may be served on a corporation by delivering a copy of the summons and the complaint by any of the following methods: (a) To the person designated as agent for service of process as provided by any provision in Section 202, 1502, 2105, or 2107 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, incl...
2024.05.13 Motion to Compel Binding Arbitration 468
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.13
Excerpt: ...mpts state law bears the burden of proving the FAA applies. (See Woolls v. Superior Court (2005) 127 Cal.App.4th 197, 211.) Defendant bears the burden of proving the arbitration agreement is a “contract evidencing a transaction involving [interstate] commerce.” (9 U.S .C. § 2.) “Commerce,” for purposes of the FAA, generally includes employment contracts. (Circuit City v. Adams (2001) 532 U.S. 105, 113, 121) Priority submits evidence that...
2024.05.10 Discovery Motions 749
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.10
Excerpt: ...��[i]f a party to whom interrogatories are directed fails to serve a timely response.” (Code Civ. Proc., § 2030.290, subd. (b).) By failing to serve timely responses, BAT, Inc. waived “any right to exercise the option to produce writings under Section 2030.230, as wel l as any objection to the interrogatories, including one based on privilege or on the protection for work product.” (Code Civ. Proc., § 2030.290, subd. (a).) A propounding p...
2024.05.10 Anti-SLAPP Motion
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.10
Excerpt: ...tected c onduct of enforcing a judgment. (See Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1052, 1055 -1056 [holding trial court correctly granted anti- SLAPP motion]; Weeden v. Hoffman (2021) 70 Cal.App.5th 269, 286 -287 [obtaining and recording an abstract of judgment is protected conduct].) Plaintiffs fail to show defendant's conduct fell within the narrow anti -SLAPP exception for illegal conduct. (See Flatley v. Mauro (2006) 39 Cal.4th 299.) Def...
2024.05.10 Demurrer 736
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.05.10
Excerpt: ...enging the validit y of the Doe amendment, usually the Doe defendant themselves. This can be shown by demonstrating that the plaintiff knew both the defendant's identity and the facts giving rise to liability when the complaint was filed but did not name them. Taito v. Owe ns Corning (1992) 7 Cal.App.4th 698; Oakes v. McCarthy Co. (1968) 267 Cal.Ap.2d 231. Moving Party did not meet this burden. Arguably, plaintiff did know where the fall occurre...
2024.05.10 Demurrer 903
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.10
Excerpt: ...ld have discovere d that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later.” The first part of this provision therefore requires childhood sexual assault lawsuits to be filed by the plaintiff 's 40th birthday. However, the theneffective CCP §340.1(q) extended the statute by up to three years, with the limitations period expiring by no later than January 1, 202...
2024.05.10 Demurrer to SAC 579
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.10
Excerpt: ...or leave to intervene in Urquidi v. City of Los Angeles, LASC No. 22STCP04044. Should Plaintiffs be denied leave to intervene in Urquidi, the Court will revisit the stay and the pending demurrer. A status conference will take place on August 23, 2024 at 10:30 a.m. The parties shall file a joint status conference statement by August 16, 2024. REQUESTS FOR JUDICIAL NOTICE As to LASC's initial request for judicial notice: the Court GRANTS notice of...
2024.05.10 Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.10
Excerpt: ...OS GUZMAN to leav e the Taft Elementary School campus in his vehicle. (FAC, ¶¶ 3, 26.) As a result, Guzman drove erratically and unlawfully in a school zone and struck Plaintiffs with his vehicle. (FAC, ¶¶ 8, 26) To prevail in a negligence action, a plaintiff must show the defendant owed a legal duty to him or her, the defendant breached that duty, and the breach proximately caused injury to the plaintiff. (Wiener v. Southcoast Childcare Cent...
2024.05.10 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.10
Excerpt: ...dant argues that there is no separate cause of action for negligence per se and that the negligence per se portion should be sustained without leave to amend. “‘Ordinarily, a general demurrer does not lie as to a portion of a cause of action, and if any part of a cau se of action is properly pleaded, the demurrer will be overruled.' [Citation.]” (Elder v. Pacific Bell Telephone Co. (2012) 205 Cal.App.4th 841, 856, n.14.) Defendant generall...
2024.05.10 Demurrers 888
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.10
Excerpt: ... her opposition. The court in Pillsbury v. Karmgard (1994) 22 Cal. App. 4th 743, 753, held that if any person other than a real party in interest brings an action, it is subject to general demurrer. In the case of a trust, the real party in interest is the trustee of the trust. Id. at 753 -54. Thus, to establish standing, plaintiff must amend her Complaint to state facts establishing her status as a trustee of the trust that owns the subject prop...
2024.05.10 Motion for Discovery Sanctions
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.10
Excerpt: ...ated to the iss ue of sanctions: 1. “Opposition to the request for any sanction”, filed on 1/10/24; 2. “Motion Petition to waive the Sanction on 10/20/2023 due to Medical Condition”, filed on 1/26/24; and 3. “Motion: Withdrawal of Motion – Petition to Waive Sanction du e to Medical Condition”, filed on 5/8/24 (which refers to a hearing date of 5/10/24). There is no motion/petition to waive sanctions properly calendared for hearin...
2024.05.10 Motion for Attorney Fees 035
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.05.10
Excerpt: ...orceable to n onetheless recover attorney fees under that Defendants seek attorney fees pursuant to the terms of an Operating Agreement which provides: “If any party brings an action or proceeding to enforce the terms hereof or declare rights hereunder, the Prevailing P arty in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees.” (FAC, Ex. A, ¶ 9.) (Emphasis added.) The FAC alleges causes of actio...
2024.05.10 Motion for Continuance of Trial, to Compel Responses
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.10
Excerpt: ...he court previously granted a lengthy trial continuance of nearly seven months, continuing trial from 12/4/23 to 7/1/23. (See 7/14/23 Minute Order.) For that continuance, Plaintiff had requested a 12 - month continuance of trial, arguing that trial in a related civi l action was continued and Plaintiff needs a continuance “so that Plaintiff will be afforded a reasonable time period to conduct discovery in this action after the completion of dis...
2024.05.10 Motion for New Trial, for Partial Judgment Notwithstanding the Verdict 021
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2024.05.10
Excerpt: ...rty intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of his or her intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minut es of the court. . . .” The Notice designates the following grounds as the basis for Plaintiff's Motion: (1) Irregularity in the proceedings of the court, jury or advers...
2024.05.10 Motion for Preliminary Approval of Class Action and PAGA Settlement 005
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.10
Excerpt: ...nsel also sh ould 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 c lass notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Plaintiff has not provided the court with the estimated hig...
2024.05.10 Motion for Preliminary Approval of Joint Stipulation of Class Action and PAGA Settlement 757
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.10
Excerpt: ...settlement ag reement. Counsel also should provide a redlined 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 simply asserts the issues have been resolved. The settlement agreement submitted a...
2024.05.10 Motion for Summary Judgment, Adjudication 706
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.05.10
Excerpt: ...on. Summary judg ment was previously granted in favor of the District. The Court of Appeal reversed as to the first cause of action for negligence and remanded to the trial court to determine whether some or all of the Rowland v. Christian (1968) 69 Cal.2d 108 (Rowland) f actors exist and whether they weigh in favor of limiting the District's duty to A.P. Negligence A.P. was a student at Villa Park High School and turned 19 years old her senior ...
2024.05.10 Motion for Terminating Attorney Fees and Monetary Sanctions 445
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.05.10
Excerpt: ...ndant, Randy Ellison. Terminating sanctions are appropriate when the “violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules.” (Mileikowsky v. Tenet Healthsystem (200 5) 128 Cal.App.4th 262, 279.) Randy Ellison is selfrepresented and has ceased communicating with Plaintiff. Randy Ellison has ignored this Court's order to meet and confer rega...
2024.05.10 Motion to Compel Arbitration and Stay Proceedings
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.10
Excerpt: ... the event of a disagreement between Owners and in order to break a tie vote, the issue or issues, at the request of any party, shall be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) before an ar bitrator selected from the panels of the arbitrators of the AAA. In the event of referral to arbitration, the Owner requesting arbitration shall remit the fee to initiate the ar...
2024.05.09 Demurrer 712
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.09
Excerpt: ...). Pla intiffs allege that defendants know about the bedbug infestation in their room and failed to completely eradicate it. [Complaint, ¶¶90 -91] From this, the reckless disregard of the probability of emotional injury is alleged. [Complaint, ¶94] These alleg ations are sufficient to state two of the elements. However, defendants have not alleged “severe” emotional distress. “Severe emotional distress [is] emotional distress of substant...
2024.05.09 Motion for Attorney Fees 254
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.09
Excerpt: ...lear.” Plaintiff resubmitted a copy of the declaration with a visible signature. (ROA 248 [Not. of Errata, Exh. B].) In light of the “corrected” declaration, Defendants' evidentiary objections are overruled. The Court may properly consider the Stelzer Declaration and exhi bits attached thereto. (Gall v. Smith & Nephew, Inc. (2021) 71 Cal.App.5th 117, 125.) Plaintiff moves, under Rules 8.278 and 3.1702, for an order fixing the amount of att...
2024.05.09 Motion for Attorney Fees 532
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.09
Excerpt: ...tar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided.” (Id.) “As the plain wording of section 1794, subdivision (d) makes clear, the trial court is ‘to base th e fee award upon actual time expended on the case, as long as such fees are reasonably incurred —both from the standpoint of time spent and the amount charged.' [...
2024.05.09 Motion for Attorney Fees 866
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.09
Excerpt: ...d 13 parking spaces. The Malarky Parties asserted that the parking spaces are exclusively for their customers of Malarky's Irish Pub. All of their claims were dismissed on summary judgment or voluntarily excepting the declaratory relief and conversion claims. The case then proceeded to a bench trial on 8/16/23 for the first of several issue to be adjudicated in distinct stages. The bench trial determined the legal interpretation of the First Ame...
2024.05.09 Motion for Entry of Judgment 129
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.05.09
Excerpt: ...(Id., rule 3.1800(a)(2) -(8); see Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288 [evidence of damages is required for default judgment]; see also ROA No. 419 – Heidary Decl., in passim [one -page conclusory declaration].) There is also no affidavit of notice. (See Code Civ. Proc., § 587; Bae v. T.D. Service Co. of Arizona (2016) 245 Cal.App.4th 89, 108, fn. 15.) Indeed, there is no proof of service of the motion as to defendan...
2024.05.09 Motion for Reconsideration 771
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.09
Excerpt: ... requirements for re lief under C.C.P. § 1008(a). However, the Motion appears to be timely (see Markow Decl. at ¶ 23, in ROA 574), which the Opposition does not dispute. It is also based on “new or different facts, circumstances, or law” sufficient to support the Motion. (Id. at ¶ 24.) It also would in any event support reconsideration on the Court's own Motion, based on what has been presented. (See Le Francois v. Goel (2005) 35 Cal.4th 1...
2024.05.09 Motion for Sanctions 558
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.09
Excerpt: ...to provide dis covery. (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evide nce sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discr...
2024.05.09 Motion for Sanctions 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.09
Excerpt: ...t least 21 day s before the motion is filed. Section 128.7(c) reads, in pertinent part: "A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). Notice o f motion shall be served as provided in section 1010, but shall not be filed with or presented to the court unless, within 21 days of service of the motion, or any other p...
2024.05.09 Motion for Summary Adjudication 243
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.09
Excerpt: ...m. The Ci ty moves for summary adjudication of 18 issues against defendant TIG Insurance Company. The City asserts that TIG has a duty to defend the City in three lawsuits under three TIG policies (No. SSP -37391435 for the period July 1, 1996- July 1, 1997; No. SSP-0037510979- 00 for the period July 1, 1997- July 1, 1998; and No. SSP-0037510979- 02 for the period July 1, 1998- July 1, 1999) (Issue Nos. 1 -9), and that TIG breached that duty (Iss...
2024.05.09 Motion to Deem RFAs Admitted 661
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.09
Excerpt: ...nt to C.C. P. §§ 2023.010, 2023.030, 2033.280(b). PLAINTIFF also moves for an Order compelling DEFENDANT HORIZON CONSTRUCTION & REMODELING, INC. to serve verified responses, without objection, to Plaintiff's Form Interrogatories - Employment [Set Three], within ten (10) calendar days of the hearing on this Motion. (ROA 144.) Plaintiff moves for an order that Defendant Horizon and its counsel of record Fred Hayes and Rogers, MacLeith & Stolp, L...
2024.05.09 Motion to Enforce Settlement 497
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.09
Excerpt: ...on motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” “A court ruling on a motion u nder CCP § 664.6 must determine whether the parties entered into a valid and binding settlement. A settlement is enforceable under section 664.6 only if the parties agreed to all ...
2024.05.09 Motion to Quash Service of Summons 830
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.09
Excerpt: ...s Abraham Cannon and MyMoveBid.com “to provide software development services for the MyMoveBid.com platform,” but that defendants have not paid over $135,000 for services performed. The complaint also alleges that “MyMoveBid.com is a fictitious business name for Abraham Cannon and if it is an entity, he is the alter ego of such entity.” (The court notes the written agreement attached to the complaint is executed by “Abraham Cannon.” ...
2024.05.09 Motion to Reinstate Case and Lift Stay 200
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.09
Excerpt: ... the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbi tration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.” Se...
2024.05.09 Motion to Strike or Tax Costs 969
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.09
Excerpt: ...by Civ. Proc. Code § § 1032 and 1033.5. Plaintiff was the prevailing party at trial against each of the defendants other than 33D. (ROA #574.) “The mere filing of a motion to tax costs may be a “proper objection” to an item, the necessity of which appears doubtful, or which does not appear to be proper on its face. [Citation.] However, “[i]f the items appear to be proper charges the verified memorandum is prima facie evidence that the...
2024.05.09 Motion for Summary Judgment 880
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.09
Excerpt: ...ond cause of action for stri ct products liability. Request for Continuance In the alternative, Valley Forge contends that the hearing should be continued under Code of Civil Procedure section 437c(h) as additional facts regarding the purchase, installation, and failure of the Culli gan System will be revealed through additional discovery including the deposition of Defendant, Morris Inc.'s PMK which has not yet been taken; and which has been rev...
2024.05.08 Demurrer 879
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.08
Excerpt: ...action for breach of contrac t requires pleading of a contract, plaintiff's performance or excuse for failure to perform, defendant's breach, and damage to plaintiff resulting therefrom.” (Munoz v. MacMillan (2011) 195 Cal.App.4th 648, 655.) “A written contract may be pleaded either b y its terms— set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference— or by its lega...
2024.05.08 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.08
Excerpt: ...on, and application of the economic loss rule to the fourth, fifth, and sixth causes of action. The Court finds Defendants complied with their meet and confer obligations prior to filing the Demurrer. Statement of the Law “The party against whom a complaint or cros s-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does...
2024.05.08 Demurrer 741
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.08
Excerpt: ...moot as to paragraphs 56 and 86. It is denied as to paragraph 120 and granted with 15 days leave to amend as to paragraph 73. Demurrer A demurrer can be used only to challenge defects that appear within the “four corners” of the pleading – which includes the pleadi ng, any exhibits attached, and matters of which the court is permitted to take judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) ...
2024.05.08 Motion for Attorney Fees
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.05.08
Excerpt: ...ent infliction of emotional distress and one of the two defamatory statements alleged as the basis for the first cause of action for defamation (and the court of appeal affirmed that ruling). The governing analysis for a fee motion regarding a partially successfu l special motion to strike was described in Mann v. Quality Old Time Serv., Inc. (2006) 139 Cal.App.4th 328, 344- 345: “An award of attorney fees to a partially prevailing defendant ...
2024.05.08 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.08
Excerpt: ... of two terms: (1) six months after the person's death, or (2) the limitation period that would have been applicable had the person not died.” Parsons v. Tickner (1995) 31 Cal. App. 4th 1513, 1525; Code Civ. Proc., § 377.30. The two -year statute of limitations, CCP § 335.1, applies to statutory elder abuse and negligence claims. Defendant argues the statute of limitations has run, even with the application of Emergency Rule 9(a), which s...
2024.05.08 Motion for Monetary Sanctions
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.05.08
Excerpt: ...ubstitutions of attorn eys have been filed such that Ms. Maxwell and Mr. Trela no longer represent any of Defendants, after previously representing all Defendants. The motion is made pursuant to Code of Civil Procedure sections 128.5 and 128.7(b). The motion and arguments in support of it are sparse, but it is clear the motion is based on the mistrial declared in this action on September 12, 2023, after Ms. Maxwell and Mr. Trela declared a con�...
2024.05.08 Motion to Quash, Demurrer
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.05.08
Excerpt: ...ode Ci v. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581(h).) Here, Defendant, a Utah resident, asserts the cou rt lacks personal jurisdiction over him as it relates to Plaintiff's complaint. Defendant submits evidence showing he has been a resident of Utah since 2015, has a Utah driver's license, ...
2024.05.08 Motion to Seal Certain Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.08
Excerpt: ...elez [RO A # 1104], are sealed. Statement of Law “Unless confidentiality 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 filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2...
2024.05.07 Motion for Summary Judgment, Adjudication 350
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.05.07
Excerpt: ...IED. Code of Civil Procedu re section 437c(p)(1) provides that, “[f]or the purposes of motions for summary judgment and summary adjudication: (1) A plaintiff or crosscomplainant has met his or her burden of showing that there is no defense to a cause of action if that party has prov ed each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross -complainant has met that burden, the bur...
2024.05.07 Demurrer 017
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.05.07
Excerpt: ...d to the “fou r 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 inartfully dra wn 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 complai...
2024.05.07 Demurrer 119
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.07
Excerpt: ...cts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a p leading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empi...
2024.05.07 Demurrer 816
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.05.07
Excerpt: ... 872, 889 [or dinarily no basis for judicial notice of content of government web sites].) As to Ex. B, judicial notice is limited to the fact that the declaration and exhibits were filed, but not of the truth of their contents. (Williams v. Wraxall (1995) 33 Cal.App.4 th 120, 130, FN 7.) Timeliness: defamatory statements. “Case law requires that statements alleged to constitute libel ‘must be The SAC now adequately alleges delayed discovery ...
2024.05.07 Motion for Summary Judgment 049
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.05.07
Excerpt: ...en of show ing that an essential element of the plaintiff's claim cannot be established by presenting evidence that the plaintiff “does not possess and cannot reasonably obtain, needed evidence.” (Lona v Citibank, N.A. (2011) 202 CA4th 89, 110.) Only after a defendant meets that burden, does the burden shift to the plaintiff to produce admissible evidence showing the existence of a triable issue as to a cause of action or complete defense...
2024.05.07 Motion for Attorney Fees 540
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.07
Excerpt: ...�the court, in its discretion, may award to the prevailing party…reasonable attorney's fees and costs…except that…a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.” (Gov. Code, § 12965(c)(6); Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 115.) �...
2024.05.07 Motion to Compel Arbitration 322
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.05.07
Excerpt: ...posing the petit ion bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. [Citation.] In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary eviden ce, as well as oral testimony received at the court's discretion, to reach a final determination.'” (Lane v. Francis Capital Management LLC (2014) 224 Cal.App.4th 676, 683.)...
2024.05.07 Motion to Compel Completion of Deposition 935
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.05.07
Excerpt: ...not apply to “ any case brought by an employee or applicant for employment against an employer for acts or omissions arising out of or relating to the employment relationship”], 2025.480 [authorizing motion to compel answers at deposition].) Plaintiff's evidentiary obje ction no. 3 to the Thomas Decl. is SUSTAINED [relevance]. Plaintiff's remaining evidentiary objections are OVERRULED. The motion is GRANTED as to a second session of plaintiff...
2024.05.07 Motion to Compel Deposition 906
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.05.07
Excerpt: ... 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 any document, electronically stored information, or tangible thing described in the depositio...
2024.05.07 Motion to Compel Physical, Mental Exam 342
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.05.07
Excerpt: ... her mental examination on 11/17/23 per the parties' agreement. But, this is not supported by the evidence included with the motion. In particular, the Court notes that the last email sent between the parties regarding the proposed 11/17/23 examination date was an email on 11/8/23 from Defense counsel to Plaintiff's counsel stating: “Dr. Lavid is available on Nov. 17th for the IME. Please confirm that date so we can get it on calendar.” (Fel...
2024.05.07 Motion to Compel Related Request for Production 899
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.05.07
Excerpt: ...D. (See Code Civ. Proc. § 2031.300.) As an initial point, plaintiff's points and authorities incorrectly reference a motion to compel responses to interrogatories, not a response to inspection demands. As the error did not prejudice defendant's ability to prepar e a response on the merits, the court is going to treat the motion as one to compel responses to inspection demands. A motion to compel responses to discovery requires the moving party t...
2024.05.07 Motion to Enforce Settlement 526
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.05.07
Excerpt: ...reinafter refer red to as “La Palma Intercommunity Hospital”). La Palma Intercommunity Hospital further seeks reimbursement of costs of motion from Plaintiff in the amount of $2,670.00. This Motion is made pursuant to Code of Civil Procedure section 664.6, et seq. Code Civ. Proc., § 664.6 (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for set...
2024.05.07 Motion to Compel Arbitration 512
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.05.07
Excerpt: ...ty se eking arbitration has the “burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its def ense.” The trial court “sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its dis...
2024.05.06 Motion for Leave to File Amended Complaint 087
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...ations about the curren t status of construction. The Association has submitted a copy of the proposed FASCC with the moving papers as Exhibit A and a redlined copy of the proposed FASCC as Exhibit 5 to the Declaration of Justin Nash. The Court may, in the furtherance of justic e, and on such terms as may be proper, allow amendment of a pleading at any time before or after commencement of trial. Code of Civil Procedure §§ 473(a)(1), 576.) In ad...
2024.05.06 Demurrer 446
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.06
Excerpt: ..., no matter how u nlikely 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 judicial n otice, 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 ...
2024.05.06 Demurrer 471
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.06
Excerpt: ...y the leg al sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 05.) For this reason, the court will not de cide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Instead, the court “treat[s] the demurrer as admitting all material ...
2024.05.06 Demurrer 857
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.06
Excerpt: ...gations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 05.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Instead, the court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law...
2024.05.06 Demurrer 881
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.06
Excerpt: ...rd for Demurrer A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404 -05.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Instead, the court “treat[s] ...
2024.05.06 Demurrer, Motion to Seal 282
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.06
Excerpt: ...l declaration concerning th e parties' meet and confer efforts pursuant to the Court's March 11, 2024 Order. The Court will address the merits. I. First Cause of Action for Breach of Fiduciary Duty The three elements of a cause of action for breach of fiduciary duty are the existenc e of a fiduciary relationship, breach of fiduciary duty, and damages. Oasis West Realty, LLC v. Goldman, 51 Cal. 4th 811, 820 (2011). The Complaint alleges that De...
2024.05.06 Demurrer, Motion to Strike 768
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.06
Excerpt: ... cross -complaint has b een filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: ¶ (e) The pleading does not state facts sufficient to constitute a cause of action. ¶ (f) The pleading is uncertain.” In this action, plaintiff alleges she was hired by Cao to provide caretaking assistance for Zhang at an Irvine residential property. Plaintiff also alleges Cao was a r...
2024.05.06 Motion for Attorney Fees 104
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...ly rate.” PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095. “The reasonable hourly rate is that prevailing in the community for similar work. [Citation.] The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order t o fix the fee at the fair market value for the legal services provided.” Id. “As the plain wording of section 1794, subdivision (d) makes clear, the trial court is ‘t...
2024.05.06 Motion for Summary Judgment 992
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.06
Excerpt: ...n a medical negligence claim, when a defendant moves for summary judgment and supports the motion with expert declarations that the defendant's conduct fell within the community standard of care, the defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence. (Hanson v. Grode (1999) 76 Cal.App.4th 601, 607.) Regarding causation, the plaintiff must offer an expert opinion that contains a reasoned...
2024.05.06 Motion for Sanctions 977
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.06
Excerpt: ...28.7. Therefore, this motion is effectively MOOT as a First Amended Complaint has been filed. Here, the Plaintiff filed its Complaint on April 17, 2023. On November 14, 2023, Defendant served the instant motion. Sale Decl., ¶ 4, Ex. 7. Notably, the original Complaint did inclu de causes of action for fraudulent concealment and fraudulent inducement. In compliance with the safe harbor provision, on December 21, 2023, Defendant filed this Motio...
2024.05.06 Motion to Compel Arbitration 634
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.06
Excerpt: ...an initial matter, the Court notes that Plaintiffs failed to timely file and serve their Opposition. As a result, the Court will not consider the merits of the Opposition in ruling on this Motion. A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. Code Civ. Proc., § 1281.2. “The trial court may resolve motions to compel arbitration in summary proceedings, in which...
2024.05.06 Motion to Compel Arbitration 836
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.05.06
Excerpt: ...rden 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 trial co urt sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court's discretion, to reach...
2024.05.06 Motion to Quash Service of Summons 027
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.05.06
Excerpt: ... (1994) 24 Cal. App.4th 1426, 1444.) “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove … the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal. App.4th 403, 413, internal quotes omitted.) However, if a proof of service complies with the applicable statutory requirements, its filing creates a rebuttable presump...
2024.05.06 Motion to Seal 653
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...ed in court and us ed at trial or submitted as a basis for adjudication. Substantive courtroom proceedings in ordinary civil cases, and the transcripts and records pertaining to these proceedings, are presumptively open.” McNair v. National Collegiate Athletic Assn. (2015) 234 Cal.App.4th 25, 31; In re Marriage of Nicholas (2010) 186 Cal.App.4th 1566, 1575 [strong presumption of public access to court records]; California Rules of Court, rule 2...
2024.05.06 Motion to Tax Costs 280
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...arges, the verifi ed memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. Ladas v. California State Auto. Ass'n. (1993) 19 Cal.App.4th 761, 774– 776; Jones v. Dumri chob (1998) 63 Cal.App.4th 1258, 1266. On the other hand, items which are properly objected to are put in issue, and the burden of proof is on the party claiming them as co...
2024.05.06 Motion to Vacate 344
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.05.06
Excerpt: ...onsolidate for all p urposes Superior Court Case No. 30-2020 - 01171344- CU-OE -CJC and 30- 2022-01286992- CU-JR -CJC is CONTINUED to July 29, 2024, at 1:45 PM in Department C15. Request to Vacate ODA of Labor Commissioner: A trial court “may, on motion of either party after notice to the other party, set aside any void judgment or order.” Code of Civil Procedure, § 5 473(d). “A judgment can be void for lack of personal or subject matter j...
2024.05.06 OSC Re Contempt 863
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.06
Excerpt: ...ourt's ord er issued January 16, 2024, as alleged in Paragraph 3.b.2 of the [Proposed] OSC re: Contempt (ROA #174). At that time and on that date, the court will hold the arraignment and set a further hearing, evidentiary hearing, or trial, as the case may be. Plai ntiffs Leah Rae Knoll; PHA Professional Services, Inc. dba DC Plumbing, Heating and Air Conditioning; and SC Equipment Company, LLC are ORDERED to personally serve Defendant David L. C...
2024.05.03 Motion to Set Aside, Vacate Default 786
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.03
Excerpt: ...sition of th is Motion. Defendant's Evidentiary Objections to the Declaration of Michael Clauss are OVERRULED. Relief from Default and Default Judgment: Default was entered against Defendant on October 23, 2023 (ROA No. 147). Defendant requests both mandatory and d iscretionary relief under Code of Civil Procedure Section 473, subdivision (b). As to mandatory relief, section 473, subdivision (b) provides: “Notwithstanding any other requirements...
2024.05.03 Motion to Disqualify Counsel 555
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.03
Excerpt: ...d. (a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal.App.3d 572, 575.) Plaintiffs argue that Richards' representation of Defendant would violate the advocate -witness rule. Rule of Professional Conduct 3.7(a) provides: (a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncont...
2024.05.03 Motion to Dismiss Action
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.05.03
Excerpt: ...d applied. (Code Civ. Proc., §§ 583.310, 583.360.) “The provisions of section 583, Code of Civil Procedure, which require an action to be dismissed for want of prosecution if not brought to trial within five years, are mandatory; and the trial court has no discretion but to grant the motion, except where the action has been continued by a written stipulation filed with the court, or where it is shown that the defendant has been absent from ...
2024.05.03 Motion to Compel Responses, to Deem RFAs Admitted 749
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.03
Excerpt: ...rve a timely response.” (Code Civ. Proc., § 2030.290, subd. (b).) By failing to serve timely responses, BAT, Inc. waived “any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based o n privilege or on the protection for work product.” (Code Civ. Proc., § 2030.290, subd. (a).) A propounding party may move for an order compelling responses to a demand for...

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