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16064 Results

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2024.02.08 Motion to Compel Arbitration and Stay Action 625
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...Pinel Realtors, Inc. (2019) 32 Cal.App.5th 972, 977-978.) “An arbitration agreement must be in writing to be valid and enforceable. [Citation.]” (Id. at p. 978.) Page 52 of 63 “Under ‘both federal and state law, the threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.' [Citation].” (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396, emphasis in original.) The court is to dete...
2024.02.08 Demurrer to FAC 019
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.08
Excerpt: ...ion of Labor Code sections 201, 202. The Þrst cause of action does not “clearly and a¯irmatively” appear time-barred on its face. (See Lee v. Hanley (2015) 61 Cal.4th 1225, 1232 (Lee) [a demurrer based on the statute of limitations is only permissible where the running of the statute appears “clearly and a¯irmatively” from the dates alleged, it is not su¯icient that the complaint might be barred].) The statute of limitations for an...
2024.02.08 Application for Right to Attach Order, Writ of Attachment
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.08
Excerpt: ...(1) the claim upon which the attachment is based is one upon which an attachment may be issued; (2) the plainti¯ has established the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Code Civ. Proc., § 484.090(a)(1)-(4).) If an action i...
2024.02.08 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.02.08
Excerpt: ...uires an employee to prove ‘severe or pervasive' harassment.” (Beltran v. Hard Rock Hotel Licensing, Inc. (2023) 97 Cal.App.5th 865, 878.) While “‘[a] single incident of harassing conduct'” may be sufficient, the conduct still must have “‘unreasonably interfered with the plaintiff's work perfo rmance or created an intimidating, hostile, or offensive work environment.'” (Ibid.) Here, the complaint alleges a single meeting at wh...
2024.02.08 Demurrer 282
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...njamin's indemnity, contribution, and declaratory relief causes of action. VCG also contends that these defects cannot be cured as none of VCG's vehicles were involved in the alleged incident although VCG had trucks parked on the street where there was an accident. VCG additionally contends that it satisÞed the meet and confer requirements of Code of Civil Procedure section 430.41. Code of Civil Procedure section 430.41, subdivision (a) requires...
2024.02.08 Demurrer 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ... through twenty-Þrst, and the twenty-third through twenty-Þfth defenses fail to refer to the cause of action they are intended to answer and thus fail to comply with Code of Civil Procedure section 431.30(g); that all 25 defenses fail to name or identify what defense is being pled and so fail to comply with Code of Civil Procedure section 430.20(b), and are uncertain; that all 25 defenses fail to state any facts that constitute a defense and on...
2024.02.08 Demurrer 426
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.08
Excerpt: ... In the first cause of action for breach of contract, pl aintiff alleges that, in May 2018, she was “offered employment as the clinical director of Crest Recovery dba Truvida Recovery for a salary and a 3% profit -sharing interest, among other benefits.” (TAC, ¶ 67.) Plaintiff alleges that she “signed an offer le tter agreement which was dated April 23, 2018 and a Bonus Compensation Addendum to her employment agreement of May 5, 2018, w...
2024.02.08 Motion to Compel Arbitration 678
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.08
Excerpt: ...at contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. American Express does not contend Anca and American Express entered into a signed arbitration agreement. American Express ...
2024.02.08 Demurrer 996
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.08
Excerpt: ...with the pleading rules governing statutory claims.” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 496, 407 (citing Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790).) Here, while lengthy, the Complaint is hazy on the details when it comes to alleging how Moving Defendants' conduct constituted “neglect” within the meaning of the Act and how that neglect was a causal factor in the injuries alleged. Sp...
2024.02.08 Demurrer 906
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.08
Excerpt: ...ing members/board o directors o POKI CAT INNOVATIONS, LLC ("POKI CAT" or "deendant LLC"), a Caliornia limited liability company ("LLC"), and its member managers/presumptive Board o Directors to pursue the below-described claims against POKI CAT, Does 1 to 25, inclusive, deendants, and each o them, and the various co-deendants or diversion, conversion, deception, embezzlement, tax raud, securities raud, breach o contract, sel-dealing,...
2024.02.08 Demurrer, Motion to Strike
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.08
Excerpt: ...ses.'” (Ibid.) “The overall policy of preventing future harm is ordinarily served, in tort law, by imposing the costs of negligent conduct upon those responsible. [Citation.] In general, internalizing the cost of injuries caused by a particular behavior will induce changes in that behavior to make it safer. That consideration may be ‘outweighed, for a category of negligent conduct, by laws or mores indicating approval of the conduct or by t...
2024.02.08 Motion for Attorney Fees 853
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08
Excerpt: ...d out at $525 per hour; and the paralegal is billed out at $250 per hour. Those (alleged) billing rates are substantially above the attorney fee rates in the local Orange County legal community for the same or similar work. Even the most experienced Lemon Law attorneys in this community are not awarded fees based on such billing amounts, except in complex cases that require experience. The standard attorney fee rate for non-complex cases runs at ...
2024.02.08 Motion for Charging Orders
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.02.08
Excerpt: ...ng charging order – it is needed only to create a prehearing lien. (Code Civ. Proc., § 708.320.) It is not clear whether the court prematurely awarded attorney fees on the cross -complaint while the complaint was still pending. “A cross -complaint is generally considered to be a separate action from that initiated by the complaint.” (Westamerica Bank v. MBG Industries, Inc. (2007) 158 Cal.App.4th 109, 134 [allowing postjudgment costs on cr...
2024.02.08 Motion for SLAPP 257
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...nd “First Cause of Action – Common Count,” her “Second Cause of Action – Fraud,” and her Fourth Cause of Action;” and that all three of Plainti¯s causes of action against the Wallace Þrm arise from protected activity related to prelitigation and litigation of two unlawful detainer actions where the Wallace Þrm represented Plainti¯s landlord, including giving 60-day notice, statements made during the proceedings themselves, a...
2024.02.08 Motion for SLAPP 272
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...emises Liability Cause of Action. It contends that Plainti¯ targets the Wallace Firm because it represented Casa Nicolina LP, Plainti¯s former landlord, in litigation and prelitigation related to a successful unlawful detainer action against Plainti¯; that all of Plainti¯s allegations against Page 16 of 63 the Wallace Firm arise from its communications related to the termination of Plainti¯s tenancy in preparation for the unlawful de...
2024.02.08 Motion for Summary Adjudication 681
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...n that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. (Aguilar v. Atlantic RichÞeld Co. (2001) 25 Cal.4th 826, 849- 850). A plainti¯ has met his or her burden of showing there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that cause of action. (CCP §437c(p)(1)). Once the plainti¯ has met that burden, the b...
2024.02.08 Motion for Summary Judgment 285
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...tion or proceeding.” (Code Civ. Proc., § 437c(a)(1).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence t...
2024.02.08 Motion to Compel Arbitration 182
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.08
Excerpt: ...hich applies to Plaintiff's claims against both Defendants. The RISC provides in pertinent part: “ARBITRATION PROVISION PLEASE REVIEW – IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATE D, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGA...
2024.02.07 Motions to Quash Subpoena
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...uperior Court (2019) 32 Cal.App.5th 1213. On 06/06/2023, the court entered default judgment in favor of Judgment Creditors/Plainti¯s Mark Adams and Julie ThorntonAdams (the “Judgment Creditors” or “Creditors”) and against the Defendants/Judgment Debtors Rajesh Gupta and Sarita Gupta, as Trustee of the 1996 Rajesh Kranti Gupta Family Irrevocable Trust dated August 15, 1996 (the “Judgment Debtors” or “Debtors”). On 08/23/2023, Jud...
2024.02.07 Motion to Tax Costs, for Attorney Fees 216
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ...ainti¯ pursuant to Code of Civil Procedure section 425.16, subdivision (c)(1). As an initial matter, the Court notes the action was stayed on 6/14/2022, pending Defendants' appeal. Remittitur was issued on 10/10/2023. Plainti¯'s motion to tax and Defendants' motion for fees were Þled shortly after Remittitur was issued. This case was reassigned to this Department after Defendants Þled a peremptory challenge. No order lifting the stay was is...
2024.02.07 Motion to Seal
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...egoing exhibits, and Defendant's unredacted October 24, 2023, Opposition, are sealed. [ROA # 910, 916-921, 941] Statement of Law “Unless conÞdentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be Þled under seal without a court order. The court must not permit a record to be Þled under seal based solely on...
2024.02.07 Motion to Quash Default Judgment 999
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ...lin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 CA3d 381, 385-386; W. A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial Dist., Alameda County (1959) 176 Cal.App.2d 67, 72.) To the extent Defendant is requesting the Court to grant him relief from default, the Court Þnds Defendant fails to demonstrate that grounds exist to vacate said default. Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, ord...
2024.02.07 Motion for Summary Judgment 048
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.07
Excerpt: ...ecuring the Note).) Evidentiary Objections Plainti¯ improperly presents evidentiary objections in the opposition to the Separate Statement. Written objections must be served and Þled separately from papers supporting or opposing the motion. [CRC 3.1354(b); Hodjat v. State Farm Mut. Auto. Ins. Co. (2012) 211 CA4th 1, 8-9, 149 CR3d 93, 9899—court did not abuse its discretion in refusing to consider objections not Þled separately as required b...
2024.02.07 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...021, order of dismissal, 3) the Court of Appeal's Opinion, and 4) the April 25, 2023, judgment dismissing the arbitration. The Court grants the request for judicial notice. (Evid. Code § 452(d).) Evidentiary Objections Defendant Þled objections to the declaration of Patrick Ergina. The Court declines to rule on these objections because they are not material to the disposition of the motion. ( C o d e C i v. Pro c. § 4 3 7 c( q ) .) G en eral P...
2024.02.07 Motion for Leave to File SAC
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.07
Excerpt: ...osed to be added to the previous pleading, if any. (Cal. Rules of Ct., Rule 3.1324(a).) The motion must also be supported by a declaration that speciÞes: (1) the e¯ect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. (Cal. Rules of Ct., Rule 3.1324(b).) The court Þnds the motion and...

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