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2018.3.1 Motion for Judgment on the Pleadings 624
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.3.1
Excerpt: ... on a statute of limitations will not lie where the action may be, but is not necessarily, barred. [Citation.] In order for the bar of the statute of limitations to be raised by demurrer, the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows that the action may be barred. [Citation.]” (Geneva Towers Ltd. Partnership v. City of San Francisco (2003) 29 Cal.4th 769, 781, citing Mar...
2018.3.1 Motion for Judgment on the Pleadings
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ... any future motions to strike or motions for judgment on the pleadings. Plaintiff's Complaint pleads sufficient facts to support a claim for fraudulent concealment. Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248; Vega v. Jones, Day, Reavis & Pogue (2004) 121 Cal.App.4th 282, 292. Plaintiff alleges the existence of a fiduciary relationship (Complaint ¶ 6), that Defendant concealed certain facts regarding Plaintiff's dental trea...
2018.3.1 Demurrer 876
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.3.1
Excerpt: ... claim for misrepresentation, plaintiff must allege with particularity:  defendant represented to plaintiff that an important fact was true;  that representation was false;  defendant knew that the representation was false when made;  defendant intended plaintiff to rely on the representation;  plaintiff reasonably relied on the representation;  plaintiff was harmed; and  plaintiff's reliance was a substantial factor in causi...
2018.3.1 Demurrer 797
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.3.1
Excerpt: ...edy at law. Darbun Enterprises, Inc. v. San Fernando Community Hospital (2015) 239 Cal.App.4th 399, 409, fn 5. In addition, the terms “must be sufficiently certain ‘to make the precise act which is to be done clearly ascertainable.'” Id. at 409. A joint venture agreement may be oral and is not within the purview of the statute of frauds. Lasry v. Lederman (1957) 147 Cal.App.2d 480, 487-488. Plaintiff alleged sufficient facts to constitute a...
2018.3.1 Demurrer 678
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.3.1
Excerpt: ...s as to defendant Phill Barklow being a managing agent and ratifying the conduct of the agents and employees of defendants Atria Golden Creek, et al. As to Plaintiff's second cause of action for negligence, negligence causes of action can be pled generally. See, Guilliams v. Hollywood Hospital (1941) 18 Cal.2d 97, 100 to 101. Pleading claims based on regulations for negligence per se does not transmute a cause of action for negligence into a stat...
2018.3.1 Demurrer 403
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.3.1
Excerpt: ...uty in order to have an actionable “wrong” under B & P C§17200. This Court further observed that the allegations were enough to permit the inference that Chicago did something wrong and caused harm as a result thereof. On 11/13/17, Chicago filed a motion for judgment on the pleadings directed at the narrow question of whether plaintiff had stated a legal basis for relief. Although Chicago's approach to split the attack was gamey, this Court ...
2018.3.1 Demurrer 286
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.1
Excerpt: ...uty fails as plaintiff has not stated sufficient facts illustrating a fiduciary relationship between plaintiff and this Moving Party defendant. The claim for violation of B&P § 17200 fails as it is based on the alleged defective claims. Plaintiff has not sufficient alleged any unlawful, unfair and/or fraudulent conduct on the part of this Moving Party defendant to support her claims. Future Hearings: CMC: 4/4/18 8:30 am ...
2018.3.1 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ...the company in conformity with the articles of organization or the operating agreement and that dissolution is reasonably necessary for the protection of the rights or interests of the complaining member. Plaintiff alleges these grounds in the FAC, but Plaintiff also alleges that dissolution is necessary because the members are deadlocked. See FAC ¶ 30. Paragraph 10.9 does not even purport to waive a right to seek judicial dissolution in the eve...
2018.3.1 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ... Ex. 3 (“I Pancho Odal Yarra . . . agree that Jocylin Dumapias Lopez is hired for $150/day beginning Aug. 8, 2016.”). Plaintiff's and Defendant's Requests for Judicial Notice are granted. Plaintiff to give notice. Defendant Pancho Odal Yarra's Motion to Strike Portions of Plaintiff's Complaint Defendant Pancho Odal Yarra moves to strike portions of Plaintiff Jocylin Lopez's Complaint. Yarra's motion to strike is denied. As an initial matter, ...
2018.3.1 Motion for Judgment on the Pleadings (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ... any future motions to strike or motions for judgment on the pleadings. Plaintiff's Complaint pleads sufficient facts to support a claim for fraudulent concealment. Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248; Vega v. Jones, Day, Reavis & Pogue (2004) 121 Cal.App.4th 282, 292. Plaintiff alleges the existence of a fiduciary relationship (Complaint ¶ 7), that Defendant concealed certain facts regarding Plaintiff's dental trea...
2018.2.9 Motion to Strike 751
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...ce” means conduct that is intended to cause injury or despicable conduct that is carried on with a willful and conscious disregard of the right and safety of others. (Civ. Code, § 3294, subd. (c)(1).) At the pleading stage, the complaint must allege facts supporting circumstances of oppression, fraud, or malice. (See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166.) In Taylor v. Superior Court (1979) 24 Cal.3d 890, the California Supr...
2018.2.9 Motion to Enforce Settlement 281
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.9
Excerpt: ... unknown, proper service may be effected on the Clerk of the Court [not the department or judge] under CCP §1011(b). The motion is continued for this to be done. Moving party to give notice. ...
2018.2.9 Motion to Expunge Amended Lis Pendens 325
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...ained as to nos. 6 and 10. Defendants' remaining evidentiary objections are overruled. A lis pendens is a recorded document giving constructive notice that an action has been filed affecting right or title to possession of the real property described in the notice. (Park 1000 Investment Group II v. Ryan (2010) 180 Cal.App.4th 795, 807.) It is a provisional remedy which is to be used sparingly, and only to advance the interests of litigant claiman...
2018.2.9 Motion to Stay Civil Action 603
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.9
Excerpt: ...tayed to await a final judgment including resolution of all appeals. The Cotton case is distinguishable as the delay in that case was going on 5 years and the appraisers did not consider the valuation of the derivative action. The parties are to give notice when a judgment is rendered in the federal district court action so the petition to appraise value of shares can be re-set for hearing. In addition, even while the federal action is pending, t...
2018.2.9 Motion to Strike 104
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.9
Excerpt: ... claim for punitive damages is thus denied. Authorities: Punitive damages may be awarded when it is proven by “clear and convincing evidence” (CC 3294(a)) that the defendant has been guilty of malice, oppression, or fraud. “Malice” means “conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of ...
2018.2.9 Motion to Strike 529
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...conformity with the laws…” the motion to strike is granted as to the entire Complaint. (Code Civ. Proc., § 436, subd. (b).) Additionally, Plaintiff fails to plead sufficient facts to support his claim for punitive damages. Plaintiff claims that Defendant acted “willfully, intentionally, and with oppression, malice and fraud, and “with conscious disregard of Plaintiffs rights.” (Complaint, ¶ 58.) However, the only facts alleged to supp...
2018.2.9 Motions to Set Aside Arbitration, Sever Claim, OSC 050
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.9
Excerpt: ...re: Matter of Sheehan v. Applied Medical Resources Corp, OCSC Case no. 2016- 00894581, should not be deemed related to these cases, transferred to this department and/or consolidated with these cases. 4)Plaintiff Da Loc Nguyen's Order to Show Cause as to Why Stay Claims Should not be Lifted OSC re: Why the matter of Sheehan v. Applied Medical Resources Corporation, OCSC case no. 2016-00894581, should not be deemed related to Nguyen v. Applied Med...
2018.2.9 Motion to Strike or Tax Costs 312
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...writers' Report (1938) 12 Cal.2d 266, 274; Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774 [whether cost item was reasonable and necessary presents question of fact for trial court and its decision is reviewed for abuse of discretion].) Allowable costs must also be reasonable in amount. (Code Civ. Proc., § 1033.5, subd. (c)(3).) If the items on their face appear to be proper charges, the verified memorandum of costs is prima...
2018.2.9 Motion to Terminate Sanctions 743
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...s should not be made lightly. (Los Defensores, Inc. v. Gomez(2014) 223 Cal.App.4th 377, 390.) But where a 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, the trial court is justified in imposing the ultimate sanction. Under this standard, trial courts have properly imposed terminating sanctions when parties have willfully disobeyed one o...
2018.2.9 Motion to Vacate Default 506
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.9
Excerpt: ...ad been effectuated. (Ricks Decl., ¶¶ 3, 4.) Defendant Ricks is to file his Answer within 5 court days, and is to give notice of this ruling. ...
2018.2.9 Motion to Vacate Dismissal 146
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...ded that the injunctive and monetary relief may be ordered by the court. Plaintiff must submit an appropriate proposed judgment and allow Defendant an opportunity to object. The court is contemplating continuing the hearing on the motion in order to allow Plaintiff submit a proposed judgment and an opportunity to object. ...
2018.2.9 Motion to Vacate Renewal of Judgment 757
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.9
Excerpt: ...te. See, Rule 3.1110(a). Third, there is no supporting memorandum of points and authorities in support of judgment debtor Zavala's motion to vacate renewal of judgment. See, Rule 3.1112(a)(3). Fourth, judgment debtor Zavala has not submitted admissible evidence to demonstrate any defense to enforcement of this renewed judgment is applicable in his case. See, C.C.P. § 683.170 and Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4 th 19...
2018.2.9 Petition to Appoint Receiver 648
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.9
Excerpt: ...veral of the issues identified in the original petition, the subject property remains in non-compliance regarding unpermitted construction in the garage. Petitioner's request that Eric Beatty be appointed as receiver over the subject property is granted. The declaration of Eric Beatty sets forth his qualifications to serve as a receiver to rectify the issues on the subject property and his rates for such services. (CA Health and Safety Code 17980...
2018.2.9 Petition to Compel Arbitration 158
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.9
Excerpt: ...e of a summons, which includes: (1) notice and acknowledgement (Code Civ. Proc., § 415.30); (2) personal service (Code Civ. Proc., § 415.10); (3) if those fail, then substitute service (Code Civ. Proc., § 415.20, subd. (b)); or (4) as a last resort, publication (Code Civ. Proc., § 415.50). The petition does not attach a copy of the subject insurance policy or arbitration provision allowing notice and service of this petition by mail, and the ...
2018.2.9 Motion to Dismiss 568
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.9
Excerpt: ... CCP 583.420 for Failure to Serve Cross-Complaint Within Two Years of It's Filing as to Carrier Johnson Motion of Graham Downes Architecture, Inc. (“GDA”) to Dismiss Turner Construction Company's (“Turner”) Cross-Complaint GDA's motion for an order dismissing Turner's Cross-Complaint against GDA for delay in prosecution on the ground that Turner failed to serve GDA within two years of the filing of the Cross- Complaint is DENIED. The Cour...

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