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2024.06.03 Motion to Transfer
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.06.03
Excerpt: ... Mir Brown (collectively, Plaintiffs) to the Superior Court of Riverside County and for monetary sanctions against Plaintiffs' attorney in the sum of $16,605. As the moving party, Defendants must overcome the presumption Plaintiffs have selected a proper venue: “[I] t is the moving defendant's burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds.” (Fontaine v. Sup.Ct. (Cashcall, I...
2024.06.03 Motion for Summary Judgment, Adjudication 470
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.06.03
Excerpt: ...hing section of the store on January 8, 2020, which is located immediately right next to the jewelry section where Plaintiff s incident occurred. I was located, about 12 -15 fee away from the endcap display. I observed the incident.” Overruled. Objection No. 3 – Gomez Decl., pa ragraph 5: “I saw the endcap display immediately before Plaintiff drove the electric shopping cart into it. There did not appear to be anything wrong with the endcap...
2024.06.03 Motion to Strike Punitive Damages
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.06.03
Excerpt: ...for damages pursuant to subdivision (a), based upon the acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratifie d the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice.” (Civ. Code, §3294, subd. (b).) “With respect to a...
2024.06.03 Application for Right to Attach Order and Writ of Attachment
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.06.03
Excerpt: ... is DENIED a s set forth below. This is Plaintiff's third attempt to obtain a provisional remedy in this action. First, on March 22, 2024, the court heard and denied Plaintiff's ex parte application seeking a preliminary injunction freezing the accounts of defendant F ountain Valley Escrow. Among of things, the court found Plaintiff failed to give adequate notice of the relief sought because the application did not include a notice, did not ident...
2024.06.03 Demurrer 727
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.06.03
Excerpt: ...ial acts of the . . . executive . . . departments of the United States”]; People v. Morales (2018) 25 Cal.App.5th 502, 511, fn.7 [“courts may take judicial notice of information published on official government websites”].) Although the court takes judicial notice of the existence, content, and authenticity of documents filed with the court (i.e., that these statements were made by the persons to whom they are attributed), the court is not...
2024.06.03 Demurrer 868
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.06.03
Excerpt: ...l sufficie ncy 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 questi ons 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 prop...
2024.06.03 Motion for Attorney Fees
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.06.03
Excerpt: ...s granted in full. As the prevailing party, Defendants may thus claim reasonable attorney's fees under Civil Code section 1717. Civil Code section 1717(a) provides that reasonable attorneys' fees shall be fixed by the court, and shall be an element of the costs of suit. T he court has broad authority to determine the amount of reasonable fees. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) The court may make its determination of the value...
2024.06.03 Motion for Attorney Fees 921
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.06.03
Excerpt: ...nt's attorn ey's fees and costs.” (Code Civ. Proc., §425.16, subd. (c)(1).) Thus, “any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.) The fee -shifting provision include d in section 425.16 is “intended to discourage such strategic lawsuits against public participation by imposing the litigation costs on the party seeking to ‘chill the v...
2024.06.03 Motion for Bifurcation 385
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.06.03
Excerpt: ...trial confere nce is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. Code of Civil Procedure § 598. “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conduci...
2024.06.03 Motion for Discovery Sanction
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.06.03
Excerpt: ...ected to consider both the tardy opposition and the reply. The Motion seeks terminating or evidentiary sanctions based on Plaintiff's failure to comply with this Court's prior 8/28/23 Order. Plaintiff argues in response that it did adequately, although belatedly, comply, and offers excuses for the delay based on Plaintiff's counsel's personal circumstances. But the 8/28/23 Minute Order reflected what had already been a continued failure to prope...
2024.06.03 Motion for Summary Judgment, Adjudication 147
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.06.03
Excerpt: ...t y of Orange. (ROA 2) Plaintiff asserts that she was sexually abused while placed in a foster care home for about one month in 1999; Plaintiff was six years old and alleged perpetrator was eleven years old named “Sarah”. (Separate Statements of Undisputed F acts (SSUF) 3.) Plaintiff was removed from her mother's custody on July 2, 1998, and was ordered detained and declared a dependent of the Juvenile Court on July 7, 1998. (SSUF 4) On April...
2024.06.03 Motion for Reconsideration 601
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.06.03
Excerpt: ... do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days …”. There is 5 no excep tion stated for section 1008. Weil & Brown, Civ. Proc. before Trial (The Rutter Group 2020) § 9:326.1 (stating the 10 day deadline is extended under Code Civ. Proc. 1013 for s...
2024.06.03 Motion for Summary Judgment, Adjudication 516
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.06.03
Excerpt: ...reasonably obtain, needed eviden ce.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854; see also, Code Civ. Proc., § 437c(p)(2).) “There is no obligation on the opposing party … to establish anything by affidavit unless and until the moving party has by affidavit stated fact s establishing every element … necessary to sustain a judgment in his favor.” (Consumer Cause, Inc. v. SmileCare (2001) 91 Cal.App.4th 454, 468 (emph...
2024.06.03 Motion to Continue Trial 782
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.06.03
Excerpt: ...t with the anticipated trial dates and to abide by Orange County Superior Court Local Rule 317 prior to trial. No further continuances of the trial date shall be granted without a strong showing of good cause. Defendant Katie T. Cappuccio moves for a continuance o f the trial date in this matter, which is currently set for July 1, 2024, at 10:30 a.m.; to set the matter for a case management conference; and to reopen discovery until 30 day prior t...
2024.06.03 Motion to Strike Costs
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.06.03
Excerpt: ...les of Co urt, rule 3.1700(b) establishes a 15 -day time limit for service and filing of a motion to strike or tax costs. That rule, however, clearly states the time runs from “service of the cost memorandum.” (Cal. Rules Ct., rule 3.1700(b)(1).) As there is no pr oof of service on file for Plaintiff's cost memorandum, there is no indication Defendants' filing on November 3, 2023, was untimely. (See ROA 221, 239.) Accordingly, the court wi...
2024.06.03 Motion to Strike 301
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.06.03
Excerpt: ...oration an d all related papers upon Defendant Innovatech Capital Corp. at its last- known address and file a proof of service on or before July 3, 2024. The court sets an Order to Show Cause re: Dismissal for Failure to Serve the Second Amended Verified Complaint fo r September 3, 2024, at 9:00 a.m. in Department N15. Plaintiff James H. Renzas moves to strike the answer of Defendant Innovatech Capital Corp. (Defendant Innovatech) and to enter ...
2024.06.03 Motion for Summary Judgment, Adjudication 618
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.06.03
Excerpt: ...his favor b ears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of 14 proof.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 (fn omitted). Code of Civil Procedure section 437c, subdivision (p)(2)...
2024.06.03 Motion to Disqualify Counsel 213
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.06.03
Excerpt: ...LC's; NQ Investments, LLC's; and Hai Dinh's evidentiary objections to the Declaration of Edward C. Ho is OVERRULED with respect to evidentiary objections 1 -3 and SUSTAINED as to evidentiary objection 4. Respondents DB 14520 Magnolia, LLC's; 14941 Dillow, LLC's; 15054 Moran, LLC's; 9000 Bolsa, LLC's; NQ Investments, LLC's; and Hai Dinh's Request for Judicial Notice is GRANTED as to Exhibits B -D. (See Evid. Code, § 452, subd. (d).) Respondents D...
2024.06.03 Motion to Seal 266
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.06.03
Excerpt: ... Jiminy (21 -164) In terview Memo of Harold Jolicoeur; July 2, 2021 PowerPoint presentation by Cindy Aribisala to the Remedial Action Committee; July 15, 2021 Memorandum, subject: Project Jiminy – Close -Out Memorandum; and, July 2, 2021 PowerPoint presentation by Cindy Aribisa la to the Remedial Action Committee. Defendants contend these documents consist of “Gilead legal department's confidential procedures for investigating employee misco...
2024.06.03 Motion to Compel Discovery 796
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.06.03
Excerpt: ...nd time, n o later than July 12, 2024. Except as ordered in this ruling, the deposition shall be conducted pursuant to the Amended Notice of Deposition of the Person Most Knowledgeable of Swartz Smidtz & Associates. Defendant Swartz Smidtz & Associates is ORDERED t o pay to Plaintiff Michael Lobaton sanctions in the amount of $1,575 (3.5 hours x $450 per hour in reasonable attorney's fees) within no later than July 12, 2024. Plaintiff Michael Lob...
2024.06.03 Motion for Trial Preference 446
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.06.03
Excerpt: ...may petition the c ourt for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole; (2) The health of the party is such that a preference is necessary to prevent prejudici ng the party's interest in the litigation.” MPs establish that they are each over 70 years of age. Further, they have a substantial interest in the action as they are ...
2024.06.03 Motion for Trial Preference
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.06.03
Excerpt: ...(2) The heal th of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” Section 36 “was enacted for the purpose of assuring that an aged or terminally ill plaintiff would be able to participate in the trial of his or her case and be Here, defendants Nguyen Din Thang and Boat People S.O.S., Inc. (collectively, Defendants) able to realize redress upon the claim asserted.” (Looney...
2024.06.03 Motion for Summary Judgment, Adjudication 727
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.06.03
Excerpt: ...obtain l eave to file a new separate statement. Defendant's Separate Statement A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues o f duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause...
2024.05.31 Motion for Summary Adjudication
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.05.31
Excerpt: ...unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice. With respect to a corporate employer, the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an officer, director, ...
2024.05.31 Demurrer 463
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.31
Excerpt: ...��had a legal duty to pre vent the dog from biting said Plaintiff on November 21, 2021.” (Compl., at ¶ 32.) The fourth cause of action is for "negligence liability of landlord". Under her fourth cause of action, Plaintiff alleges a “dangerous condition existed at the premises . . . namely that the dog was dangerous to the people upon and in the immediate vicinity of the premises”; and, “Defendants had actual knowledge of the dang...
2024.05.31 Demurrer to TAC
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.31
Excerpt: ... battery”. Plaintiff's Amendm ents to the Second Amended Complaint (SAC) Exceeded the Permissible Scope The County argues the first and fourth causes of action fail because Plaintiff impermissibly added new causes of action. The court agrees. “It is the rule that when a trial court sustains a demurrer with leave to amend, the scope of the grant of leave is ordinarily a limited one. It gives the pleader an opportunity to cure the defects in t...
2024.05.31 Motion for Attorney Fees
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.31
Excerpt: ...nd costs here. In September of 2021, Plaintiff filed an earlier motion to deemed prevailing party and to recover reasonable attorney's fees and costs. The issues are not identical. The court denied that motion on 2/10/22. Issue preclusion —whether by way of collater al estoppel and direct estoppel —applies to preclude relitigation of issues argued and decided in prior proceedings when: (1) the issue to be precluded is identical to that decid...
2024.05.31 Motion for Final Approval of Class Action and PAGA Settlement 363
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.31
Excerpt: ...ry per clas s member is only about $278, and based on counsel's lodestar fees, a 30% attorney fee award still results in a generous multiplier of about 1.5. An enhancement award of $5,000.00 is sufficient and proper for a class and settlement of this size, and consid ering the effort plaintiff spent on this case as well as the average recovery per class member. The court concludes that the $435,000 class action and PAGA settlement, as approved, i...
2024.05.31 Motion for Leave to File FAC 759
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.31
Excerpt: ...he effect 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 Court, rule 3.1324(b) .) Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an a...
2024.05.31 Motion for Preliminary Approval of Class Action and PAGA Settlement 489
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.31
Excerpt: ...lso 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 simply asserting that the issues have been resolved. Plaintiff still hasn't filed a First Amended Complaint with PAG...
2024.05.31 Motion for Sanctions
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.31
Excerpt: ...ndant Unive rsity Medical Pharmaceuticals Corp. to serve verified responses without objections to Plaintiff's Form Interrogatories (Set One) and Request for Production of Documents (Set One). The court also ordered Defendant to pay sanctions in the sum of $360.00 per motion within 30 days of service of notice of ruling. (ROA # 49 [12/22/2023 Minute Order].) Plaintiff's counsel served notice of the ruling on Defendant on January 3, 2024. (ROA # 5...
2024.05.31 Motion to Strike 456
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.31
Excerpt: ...covery of costs related to administering the receipt and distribution of funds for emergency services, and (3) plaintiff's allegations regarding claims for the recovery of expended funds that plaintiff received from FEMA, the Federal Emergency Management Agency. Pursuan t to Health & Safety Code §13009(b), plaintiff may seek to recover fire suppression costs incurred by California Highway Patrol and City of Irvine in fighting the Silverado fi...
2024.05.31 Motion to Compel Further Responses
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.05.31
Excerpt: ... 7.2, 7.3, 12.4, 13.1, 13.2 and 20.11; and 2. DENIES Plaintiff's Motions to Compel further verified responses by Defendant to (3) Plaintiff's Request for Admissions, Set One, Nos. 6, 7, and 8, and (4) Plaintiff's Special Interrogatories, Set One, Nos. 8, 9 and 10. The Di scovery Act requires a party to respond to discovery by providing complete and straightforward responses; to the extent it objects to the request, is unable to comply with the d...
2024.05.31 Motion to Correct Clerical Error 856
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.31
Excerpt: ..., only WnG shall be liable for the fee award in the November 27 order. I. Background The various defendants have filed two motions for expungement of lis pendens in this matter. In the first motion, defendants ConvergeOne, McKenna, Nachbor, Goncalves, Christopoulos, Ngo, Trinh and Hippard sought to expunge four lis pendens, along with an order assessing attorney's fees against WnG “and/or its attorneys of record.” (ROA 171 at p. 3.) The Cou...
2024.05.31 Motion to Determine Post-Judgment Reasonable Attorney Fees 879
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.05.31
Excerpt: ...les 3.1702(c) and 8.278. Post -judgment enforcement costs and fees are recovered under the Enforcement of Judgments Law (Code Civ. Proc., §§ 685.040- 685.095). (Conservatorship of McQueen (2014) 59 Cal.4th 602, 608.) Under Code of Civil Procedure section 685.040, a judgm ent creditor is entitled to the reasonable and necessary costs of enforcing a judgment. “Attorney's fees incurred in enforcing a judgment are included as costs collectibl...
2024.05.31 Motion to Lift Stay and Proceed with PAGA Claim 958
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.31
Excerpt: ...f's motion is DENIED . After this motion was filed, the Court of Appeal, Second District, Division Five, issued a published opinion in Hernandez v. Sohnen Enterprises, Inc. (May 22, 2024, B323303) – Cal.App.5th – , 2024 WL 2313710. Hernandez holds that when an arbitration agree ment states it is governed by the FAA and makes no reference to the California Arbitration Act, “the procedures of the CAA, including section 1281.97, do not apply....
2024.05.31 Motion to Set Aside or Vacate Dismissal 846
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.05.31
Excerpt: ...l was a re sult solely of the attorney's mistake, negligence or excusable neglect. See Lang v. Hochman (2000) 77 Cal.App.4th 1225. In general, a motion for relief from dismissal for discovery abuse must generally be accompanied by proper discovery responses. In Ro driguez v. Brill, (2015) 2234 Cal.App.4th 715, the court held that an application for relief from a terminating sanction, such as the one here, would be “in proper form” if verifie...
2024.05.31 OSC Re Dismissal, Motion for Attorney Fees
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.05.31
Excerpt: ...(d) [Song- Beverly attorney fees]; PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095- 1096 [lodestar; trial court discretion]; Reynolds v. Ford Motor Company (2020) 47 Cal.App.5th 1105, 1112 [same]; 2/22/24 Goldsmith decl. (ROA #184) ¶¶ 52- 64 & Exs. 1, 6.) The attorney fee awards includes reasonable work by these billers at these reasonable rates: DAG: 58.85 hrs x $545/hr = $32,073.25 PL: 8.5 hrs x $395/hr = $3,357.50 LA: 8.6 hrs x $260...
2024.05.31 Petition for Writ of Mandate and Complaint 387
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.31
Excerpt: ...e in this action are Respondent City of Newport Beach's duties under Stats. 1978, ch. 74 (the “Land Grant”) which transferred title to tidelands and submerged lands in Newport Bay from the State to the City. Petitioner contends the City's 2021 approval of an environmental imp act report (EIR) for the CAD violated its ministerial duties under the Land Grant. It further contends the City's continuing applications to other agencies for permits t...
2024.05.31 Motion to Compel Production 799
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.31
Excerpt: ...n's Notice of Motion and Motion to Compel Production to Plaintiff's Second Set of Requests for Production to Defendant Don Barnes as Orange County Sheriff and Supporting Documents ROA 875 MOTION TO COMPEL PRODUCTION Plaintiffs People for the Ethical Operation of Prosecuto rs and Law Enforcement (“P.E.O.P.L.E.”), Bethany Webb, Theresa Smith and Tina Jackson move to compel production of a memorandum of understanding (“MOU”) referred...
2024.05.30 Motion to Compel Arbitration 020
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.30
Excerpt: ...Form of Ag reement Between Owner and Contractor where the basis of payment is a Stipulated Sum”). Section 6.2, entitled, “Binding Dispute Resolution,” provides in relevant part, that: “For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201 -2017, the method of binding resolution shall be as follows: [x] Arbitration – Other (Specify).” It further states: “At Contractors [sic] option, all ...
2024.05.30 Motion for Summary Judgment, Adjudication 732
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...aintiff's cau se of action” or “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence ….” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) The elements of the cause of action for wrongful death are the tort (negligence or oth er wrongful act), the resulting death, and the damages, consisting of the pecuniary loss suffered by the heirs.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) �...
2024.05.30 Motion for Summary Judgment, Adjudication 974
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.30
Excerpt: ...en as to this cause of action. Based on its investigation, Costco concluded that Plaintiff's conduct constituted several “causes for termination” under the employment agreement. (UMF 41 -70.) These included: (1) violation of the Standards of Ethics for Managers/Supervisors; (2) any conduct or relationship that jeopardizes the employee's ability to perform her job responsibilities honestly; and (3) extending an unauthorized refund. (UMF 67.) I...
2024.05.30 Motion for Terminating Sanctions 792
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...e chapter governing any particular discovery method or any other provision of this title.' This means that the statutes governing the particular discovery methods limit the permissible sanctions to those sanctions provided under the applicable governing statutes.” (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1422 [cleaned -up].) The statutes governing each discovery method authorize particular types of sanctions in parti...
2024.05.30 Motion to Strike 497
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.30
Excerpt: ...bdivision (a), fi le a “declaration of nonmonetary status” if it maintains a “reasonable belief that it has been named in the action solely in its capacity as trustee, and not arising out of any wrongful conduct or omissions on its part in the performance of its duties as trustee.” Subdivision (b) of that section sets out what must be included within the declaration. Subdivision (c) provides that any party that has appeared in the action...
2024.05.30 Motion to Compel Arbitration 889
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...f arbitra tion and any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration. This strong policy has resulted in the general rule that arbitration should be upheld unless it can be said with assurance that an arbitration clause is not susceptible to an interpretation covering the asserted dispute. The party opposing arbitration has the burden of demonstrating that an arbitration clause cannot be interpreted to requi...
2024.05.30 Motion to Compel Further Responses 092
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.30
Excerpt: ... objections to RFP 1; 3. To produce all responsive documents, with emails and excel sheets produced in native format; and 4. To serve verifications to the Third Supplemental Responses dated February 7, 2024, and any other amended/supplemental responses served thereunder. Plainti ff contends that The Garden's responses and supplemental responses to the requests at issue are incomplete and that the boilerplate objections are meritless. Plaintiff a...
2024.05.30 Motion to Set Aside or Vacate Judgment 425
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.30
Excerpt: ... Cal.App.5th 358, 369- 370 (Kremerman).) “A judgment or order is said to be void on its face when the invalidity is apparent upon an inspection of the judgment- roll. [Citation.] This inquiry, however, does not hinge on evidence: A void judgment's invalidity appears o n the face of the record.' [Citation.]” (Id., at p. 370, internal quotation marks omitted.) “When a default judgment has been taken, the judgment roll consists of ‘the s...
2024.05.30 OSC Re Preliminary Injunction 791
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.30
Excerpt: ...ts' property. At some point more than 38 years ago, the defendants' prior owners began using this three - foot strip along plaintiff's garage as part of their back yard. As a result, the plaintiff's garage wall forms part of the defendants' back yard wall. The plaintiffs recently purchased the house and obtained a survey whereupon they discovered that the three -foot area in plaintiff's back yard is actually their property. Plaintiffs submitted e...
2024.05.30 Motion for Summary Judgment, Adjudication 180
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...as those for ne gligence. (Citation.)” (Jones v. Awad (2019) 39 Cal.App.5th 1200, 1207.) The plaintiff must prove “a legal duty to use due care, a breach of such legal duty, and the breach as the proximate or legal cause of the resulting injury.” (Ibid, citations omitted. ) To establish a claim for dangerous condition on public property, a plaintiff must prove all of the following elements: 1. That defendant owned or controlled the property...

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