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16237 Results

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2024.02.07 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ... any one or more of the following grounds: … (e) The pleading does not state facts su¯icient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against wh...
2024.02.07 Demurrer
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ... the statute o laches. (ROA 100.) The Court Þnds neither the statute o limitations issue, nor the issue o laches, is suitable or resolution at this early stage o the proceedings. With respect to the statute o limitations, Podobas has not shown the IIED (Domestic Violence) claim is time barred. (Code Civ. Proc., § 340.15, subd. (a).) And, Plainti¯ has su¯iciently alleged “abuse” within the meaning o CCP section 340.15, which it ad...
2024.02.06 Motion for Summary Judgment, Adjudication 047
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.02.06
Excerpt: ...t party has proved each element of the cause of action entitling the party to judgment on the case of action. Once the plainti¯ has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or defense thereto. (Code Civ. Proc. § 437c(p)(1).) A motion for summary adjudication shall proceed in all procedural respects as a motion for summary judgment. (Code Civ....
2024.02.06 Demurrer, Motion to Strike 046
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.02.06
Excerpt: ...VERRULED. The Brakke Defendants demur to the Third Cause of Action for Professional Negligence. “Ordinarily, an insurance agent assumes only those duties normally found in any agency relationship. This includes the obligation to use reasonable care, diligence, and judgment in procuring the insurance requested by an insured. [Citation.]” (Jones v. Grewe (1987) 189 Cal.App.3d 950, 954; (PaciÞc Rim Mechanical Contractors, Inc. v. Aon Risk Ins. ...
2024.02.06 Motion for Leave to File Complaint 508
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.06
Excerpt: ...ame time the answer to the complaint is Þled. (Code Civ. Proc., § 428.50, subd. (a).) A party who fails to plead a compulsory cross-complaint, whether through oversight, inadvertence, mistake, neglect or other cause, may seek leave to Þle a cross- complaint at any time during the course of the action. (Code Civ. Proc. Code, § 426.50.) A court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave...
2024.02.06 Demurrer to FAC, Motion to Strike 673
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.02.06
Excerpt: ... (FAC ¶ 1.) Kramer admits he did not pay the challenged assessment but contends he has standing as a homeowner and business owner whose primary residence is located less than one block from the Downtown District and he may be subject to pay the assessment in the future. (FAC ¶¶ 4-5, 9.) “ ‘As a general principle, standing to invoke the judicial process requires an actual justiciable controversy as to which the complainant has a real intere...
2024.02.06 Motion for Summary Judgment, Adjudication 550
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.02.06
Excerpt: ...ourth causes of action against Defendant GREGORY SANCHEZ for breach of guaranty on the grounds that Defendants have failed to satisfy their obligations under the applicable loan agreements and guaranties. Procedurally, the motion is defective. First of all, while the caption and the notice of motion seek adjudication, it appears Plainti¯ seeks adjudication of all four causes of action, which if granted, would be summary judgment. Second, the is...
2024.02.06 Motion for Summary Judgment, Adjudication 868
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.06
Excerpt: ...he elements of its cause of action for breach of contract. 2. Defendant has no defense to plainti¯'s cause of action for breach of contract. Defendant has opposed the motion, although it has not submitted any evidence in support of its oppositio n. It conced es that it has breach ed the promissor y note on which the action is based. It contends that while most of the facts are not in dispute, the motion cannot be granted because moving plainti...
2024.02.06 Motion to Classify as Vexatious Litigant, Require Posting of Security 061
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.06
Excerpt: ...nish security in the amount of $100,000.00 within ten days in order to pursue her claims against Jocelyn Plummer in the crosscomplaint. The amount of security is based on the likely time and expense which would be expended by Jocelyn Plummer if she remains a party to the litigation. As discussed below, the litigation has been exceptionally contentious and has involved an extraordinary number of Þlings by both sides as well as an appeal. The Cour...
2024.02.06 Motion to Compel Further Responses 603
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.06
Excerpt: ...210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (Stendell) (2000) 22 Cal.4th 245, 255.) Plainti¯ has failed to justify the objections. Instead, Plainti¯ argues that Defendant's failure to timely respond to Plainti¯'s discovery has delayed Plainti¯'s a b i l i t y to provide responses. Defendant served responses to Plainti¯'s discovery requests on July 17, 2023 (Reply, p. 2, lns. 7-8), therefore, Plainti¯ has had over 5 months to respond to...
2024.02.06 Motion to Dismiss 212
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.02.06
Excerpt: ...w that the cause o action arises rom an act in urtherance o the moving party's right o petition or ree speech. Then, i the court determines that showing has been made, the court determines whether the opposing party has demonstrated a probability o prevailing on the claim. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) “At the Þrst step, the moving deendant bears the burden o identiying all allegations o protected activity, and t...
2024.02.05 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.02.05
Excerpt: ...50(d). However, again, Plainti¯ did not make an issue of this in the reply brief, and the court may consider the merits of a case absent a proper separate statement when the case involves a single simple issue” with minimal evidentiary support, such as here. (Gilbertson v. Osman (1986) 185 Cal. App. 3d 308, 316.) The court will proceed on the merits, but cautions defense counsel to comply with code requirements in the future. “(p) For purpo...
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 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, 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, 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 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 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 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 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 ...
2024.02.05 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 Summary Judgment, Adjudication 375
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.05
Excerpt: ...OVERRULED as to evidentiary objection numbers 1, 2, 3, 4, 5, 6, 8, and 10, and the first sentence objected to in evidentiary objection number 11, and SUSTAINED as to evidentiary objection numbers 7 and 9, and the second sentence objected to in evidentiary objection number 11. Defendant Deloitte Services LP's evi dentiary objections to the Declaration of Plaintiff Judy Fisher are OVERRULED as to evidentiary objection numbers 1 -9. Defendant Deloi...
2024.02.05 Motion to Transfer and Coordinate Actions 839
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.02.05
Excerpt: ...rth below, the Court Þnds that the transfer and coordination will promote the ends of justice pursuant to Code of Civil Procedure § 404.1. The Court understands that counsel for Ganahl Lumber Company (“Ganahl”) expressed concern that the Merced Action cannot be transferred to this Court because it includes a cause of action for foreclosure of mechanics lien, and the property that is the subject of that claim is located in Merced County. Thi...
2024.02.05 Motion to Compel Discovery 798
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.05
Excerpt: ...s in the amount of $716.25 (1.75 hours x $375 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Plaintiff and Judgment Creditor M.V. Partners moves to compel Defendant and Judgment Debtor Joann Pham to serve responses to the postjudgment Written In terrogatories (Set One). Standard to Compel Responses to Interrogatories A judgment creditor who has obtained a judgment “may p...
2024.02.05 Motions to Compel Further Responses 845
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.02.05
Excerpt: ...FP, Set Two, Þled by Gorla and directed to Plainti¯/Cross-Defendant, Hospitality Marketing Concepts, LLC (“HMC”). The RFP propounded to HMC that were the subject of the January 8th order are identical to the RFP propounded on the Ramadan brothers. The court notes the arguments raised in the four motions to compel are nearly identical. Because the document requests to the Ramadan brothers and to HMC are identical and because the Ramadan bro...
2024.02.05 Motion to Transfer Venue 560
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.05
Excerpt: ...to transfer this matter to the Ventura County Superior Court. Standard for Transfer of Venue The Civil Procedure Code states that: [I]f an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answer...
2024.02.05 Motions to Compel Discovery 754
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.05
Excerpt: ...Provide Responses to Special Interrogatories (Set Two) is GRANTED. Plaintiff Cliq, Inc. f/k/a Cardflex, Inc.'s Motion to for An Order Compelling Responses, and A Production of Documents, from Defendant Sabin Burrell in Response to Requests for Production of Documents (Set Two) is GRANTED. Plaintiff Cliq, Inc. f/k/a Card flex, Inc.'s Motion to for An Order Compelling Responses, and A Production of Documents, from Defendant Capital Managers, LLC ...
2024.02.05 Motion to Strike Punitive Damages
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.02.05
Excerpt: ...ems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading.” (Civ. Proc. Code § 436(a).) Regarding punitive damages under Civ. Code § 3294: “(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plainti¯, in addition to the actual damages, may recover damages f...
2024.02.05 Motion to Strike 111
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.02.05
Excerpt: ...lying Case”) is granted. The HOA moves to strike Cross- Complainant Jennier Loe¯ler's Þrst cause o action or breach o CC&Rs, third cause o action or violations o Rosenthal Fair Debt Collection Practices Act, and ourth cause o action or violations o the Consumer Credit Reporting Agencies Act in her Cross-Complaint (CC). Legal Standard Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67, holds: 5 “[W]e may summari...
2024.02.05 Motion to Stay Proceedings 125
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.02.05
Excerpt: ...m (“Anna”) joins in the Opposition. This action involves two consolidated cases. The action arises out of a dispute over the family business, May Enterprises, LLC. The lead case, Kim v. Kim (Case No. 2021- 01183125), was initiated by Mira against her sisters (Defendants Gina Kim and Anna Kim), her parents (Defendants Kyong Su Kim aka Kyung Soo Kim and Myong Kil Kim) and May Enterprises, LLC. Mira alleges claims for, amongst other things, brea...
2024.02.05 Motion to Quash Service of Summons 063
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.02.05
Excerpt: ...a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Once a defendant challenges the Court's jurisdiction, it is up to the plainti¯s to prove, by a preponderance of the evidence, that personal jurisdiction exists. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 449. This must be shown by a¯idavits, declarations, or other competent evidence. (In re Automobile ...
2024.02.05 Motion to Compel Production 181
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.02.05
Excerpt: ...�'s Demand or Inspection and Destructive Testing. The Motion is GRANTED. However, the order is limited to those tests speciÞcally set orth in the Notice, which speciÞcally include: 1. Removing the bottom course o roo tile 3' in each direction rom the rain gutter spike and errule. 2. Removing the eave strip ßashing. 3. Removing the entire rain gutter. 4. Removing an area o stucco, likely 3' wide, rom eave to top o window. 5. Installing...
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 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 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 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 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 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 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...
2024.02.02 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 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 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 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 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 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 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 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 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 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...

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