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2024.04.08 Motion for Discovery of Financial Information 196
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.08
Excerpt: ... Deputy Mica h Sulham, Deputy Adam Copeland, Deputy Frank Deleo, Deputy Susan Orellana and Deputy Mark Odom. Service of Process and Opposition Plaintiff served the instant motion on Defendants' Counsel to four electronic mail addresses, all with domain name “ccmslaw. com.” Specifically, Plaintiff served the motion on “[email protected]”, “[email protected]”, “[email protected]”, and “[email protected]”. However, Defenda...
2024.04.08 Demurrer to SAC, Motion to Strike
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.04.08
Excerpt: ... of action for declaratory and injunctive relief. The demurrer is SUSTAINED IN PART and OVERRULED IN PART as set forth below. Second Cause of Action (Breach of Oral Contract): “The elements of a breach of oral contract cause are: ‘(1) existence of the contract; ( 2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) damages to plaintiff as a result of the breach.' [Citations.]” (Aton Center, Inc. v...
2024.04.08 Demurrer 946
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.04.08
Excerpt: ...'s breach and resulting damage.” (Harris v. Rudin, Richman & Appel (1999) 74 Cal. App. 4th 299, 307.) “If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement mus t be attached and incorporated by reference.” (Id.) Here, Plaintiff alleges that on or about March 28, 2022, Plaintiff and Defendant entered into a “purported contract�...
2024.04.08 Demurrer 385
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.04.08
Excerpt: ...aintiff is overruled as the papers were received timely, though improperly served. Plaintiff Pam Ragland filed a Complaint against Defendant Jeralyn Hirst (Jerri Hirst) for: (1) Personal Injury; (2) Willful Misconduct; (3) Intentional Infliction of Emotional Distress : and (4) Negligent Infliction of Emotional Distress. On 5/4/23 Plaintiff filed a First Amended Complaint (FAC) to add a fifth cause of action for Negligence. Defendant demurs t...
2024.04.08 Demurrer 277
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.08
Excerpt: ... inten t to perform. “ ‘ “ Promissory fraud” is a subspecies of fraud and deceit. A promise to do something necessarily implies the intention to perform; hence, where a promise is made without such intention, there is an implied misrepresentation of fact that may be actionable fraud .' ” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 973−974, internal citations omitted.) “Under Civil Code section 1709, one is liab...
2024.04.08 Demurrer 116
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.08
Excerpt: ..., (5) bre ach of implied in fact contract, (6) work, labor, and services rendered, (7) recovery of stolen property received pursuant to Penal Code §496, (8) intentional interference with contractual relations, (9) intentional interference with prospective economic relations, and (10) negligent interference with prospective economic relations. 1. Actual Fraud The elements of fraud are: "(a) [a] misrepresentation (false representation, conceal...
2024.04.08 Demurrer (3)
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.04.08
Excerpt: ...e allegations are mere conclusions. [Citations.] Some particularized facts demonstrating a constitutional deprivation are needed to sustain a cause of action under the Civil Rights Act. [Citations.]” (Bach v. County of Butte (1983) 147 Cal.App.3d 554, 564) When address ing federal statutes, it is appropriate to apply federal law. (Bach v. County of Butte (1983) 147 Cal.App.3d 554, 563 [“we hold that the state courts of California should apply...
2024.04.08 Demurrer (2)
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.04.08
Excerpt: ...essor in interest to Leonel Cordova and the Estate of Leonel Cordova (collectively, Plaintiffs). As set forth below, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. On October 2, 2023, the court sustained the Defendants' demurrer to the first cause of action for negl igence and allowed the Plaintiffs 20 days leave to amend. The basis for granting leave to amend was to allow Plaintiffs to either consolidate the negligence and premises liability...
2024.04.08 Demurrer
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.04.08
Excerpt: ...e untimely reply. All briefs should be filed as required by the code. First Cause of Action (Civil Conspiracy to Commit Extortion): This cause of action is not sufficiently pled. Initially, the court overrules the challenge this cause of action is barred by certain terms of the Settlement Agreement. Le's claims include a claim to rescind the Settlement Agreement. If Le succeeds in rescinding the Settlement Agreement, then its terms would not bar...
2024.04.08 Motion for Attorney Fees 367
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.08
Excerpt: ...e of the no tice of ruling. Plaintiff Keisha Lee seeks an award of attorney's fees in the amount of $19,249 and costs in the amount of $1,425.54 from Defendant Jaguar Land Rover North America, LLC and Defendant Jaguar Land Rover Newport Beach pursuant to the SongBeve rly Consumer Warranty Act. Basis for Award of Attorney's Fees The Song -Beverly Consumer Warranty Act (SongBeverly Act), Civil Code section 1790 et seq., states that “[i]f the buye...
2024.04.05 Motion for Final Approval of Class Action Settlement 363
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.05
Excerpt: ...s will be sp lit between the two law firms representing plaintiff and the class, so that the court can approve separate attorneys' fees awards. The initial preliminary approval papers stated there was no fee splitting, without any supporting citation. The Class Notic e said that Class Counsel is Kingsley and Kingsley, but Abramson Labor Group is on the caption and plaintiff declares in ¶6 of his declaration that he consented to a fee -splitting...
2024.04.05 Demurrer
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.05
Excerpt: ...1) the existen ce of the contract, (2) [the party's] performance or excuse for nonperformance, (3) the [other party's] breach, and (4) resulting damages to the [party].” (Maxwell v. Dolezal (2014) 231 Cal. App. 4th 93, 97- 98.) A complaint need only plead the legal effect or substance of the contract's material terms, even for oral contracts. (See, e.g., Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616 [“An oral contrac...
2024.04.05 Demurrer 451
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.04.05
Excerpt: ... Busine ss and Professions Code section 17200 (UCL) are both based on the same common nucleus of facts as the cause of action for misappropriation of trade secrets and are therefore superseded by the California Uniform Trade Secrets Act (CUTSA). (See K.C. Multimed ia, Inc. v. Bank of America Technology & Operations, Inc. (2009) 171 Cal.App.4th 939, 958959, 962 (K.C. Multimedia) [CUTSA preemption]; Angelica Textile Servs., Inc. v. Park (2013) 220 ...
2024.04.05 Demurrer to SAC
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.05
Excerpt: ...aking or damaging by a public entity of a valuable property right; (2) that the taking or damaging was for a public use; and (3) that the invasion or appropriation directly and specifically affected the property owner to his or her injury. (City of Los Angeles (201 1) 194 Cal. App. 4th 210, 221.) Plaintiff alleges that the following constitute a taking: (1) Defendant's refusal to issue Plaintiff a business license for a four month period startin...
2024.04.05 Motion for Approval of PAGA Settlement 457
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.05
Excerpt: ...nes, and to maximize enforcement of state labor laws.” (Moniz v. Ade cco USA, Inc. (2021) 72 Cal.App.5th 56, 72.) Because it appears Defendant provided Pick Up Stix releases to employees in both English and Spanish, the Court will require that notice of this settlement be given in both English and Spanish. The Court approve s the following distributions: 1. Attorneys' fees and litigation costs in the amount of $108,750. The grounds for this awa...
2024.04.05 Motion for Attorney Fees
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.05
Excerpt: ...eet their initial burden of establishing a written agreement exists between the parties that includes a prevailing party contract, as required under Civil Code section 1717. Civil Code section 1717(a) states, “In any action on a contract, where the contract specific ally provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the pa...
2024.04.05 Demurrer 258
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.05
Excerpt: ...ustained without leave to amend. Aiding and Abetting Fraud or Breach of Fiduciary Duties (Seventh Cause of Action) The seventh cause of action is against the Starboard Defendants for "aiding and abetting fraud and/or breach of fiduciary duties". (TAC, at pp. 54 -57.) TPG alleg es Starboard had actual knowledge of Defendant Honarkar's planned fraud and breach of fiduciary duties, and that Starboard “actively concealed” that it was �...
2024.04.05 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.05
Excerpt: ...fer obligation pr ior to filing the motion, and further attempts to meet -and -confer would have been futile under the circumstances. The court notes the following: Defendant proffers evidence that her attorney, Mark S. Ashworth, sent Plaintiff a detailed initial meet- and-c onfer letter on at least three separate occasions – on September 27, October 5, and October 17, 2023. (Ashworth Decl., ¶ 2; Exh. A.) “At some point Plaintiff called [Mr...
2024.04.05 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.04.05
Excerpt: ...of the defendant's allegations as being true.'” (People ex rel. Becerra v. Superior Court (2018) 29 Cal.App.5th 486, 499.) Here, as in Becerra, defendant has “denied all of [plaintiff's] allegations . . . . This alone should have precluded judgment on the pleadings.” (B ecerra, supra, 29 Cal.App.5th at p. 499; accord 8/14/23 answer at p. 2. [defendant “denies generally and specifically each and every cause of action and allegation”...
2024.04.05 Motion for Leave to Amend Complaint 825
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.05
Excerpt: ...s should be prepared to discuss the deadline for answering or otherwise responding to the 3AC. EVIDENTIARY MATTERS Defendant Orange County Health Authority dba CalOptima (“CalOptima”) has filed unnumbered evidentiary objections to the Prime Hospitals' evidence. The Court numbers them sequentially for the purposes of ruling on them. 1. Overruled. 2. Overruled. 3. Sustained on hearsay grounds as to the sentence “The judgment was entered afte...
2024.04.05 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.05
Excerpt: ...Complaint (the o perative pleading) filed by Plaintiff NANCY L. ROJO (“Rojo”). Rocha's alternative motion for summary adjudication of issues is therefore MOOT. Only the 5th and 6th causes of action of the Third Amended Complaint remain. 5th C/A (financial elder abuse) Th e fifth cause of action for financial elder abuse alleges, inter alia: Rocha used an expired Memorandum of Understanding (MOU) to take, deprive, misappropriate, and retai...
2024.04.05 Motion to Compel Arbitration
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.05
Excerpt: ...glish is n ot his native language. (Pedraza Decl., ¶¶ 10 -12.) The DRP states in relevant part: Arbitration shall be the sole and exclusive remedy for any dispute, grievance, claim, or controversy of any kind or nature (a "claim") arising out of, related to, or con nected with your employment application with the Company, your employment relationship with the Company, your engagement with the Company, and the termination of your employm...
2024.04.05 Motion to Compel Deposition Answers 297
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.05
Excerpt: ... or to produc e any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or pro duction.” A deponent who has objected to a question and refused to answer bears the burden of justifying such refusal on the motion to compel. (Weil & Brown, Cal. Practice ...
2024.04.05 Motion to Intervene 239
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.05
Excerpt: ...des, “Any city receiving notice of the action filed against the board and the county may, within 30 days of the receipt of that notice, intervene in that action.” The court need not concern itself with what the statute might imply, because the text is unambiguous. The right of intervention belongs to a city, and DWA is not a city. As the court noted in Busse v. United PanAm Financial Corp. (2014) 222 Cal. App. 4th 1028, 1038, “The classic ...
2024.04.05 Motion to Compel Further Responses
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.05
Excerpt: ...Eviden ce Code section 1157 preserves the secrecy of the proceedings and records of peer review bodies and of organized committees of hospital or professional associations charged with evaluating and improving the quality of care rendered by specified health care professionals. The burden is on the facility, as the party resisting discovery, to establish that the information falls within the class of material protected under Section 1157. (Santa...
2024.04.04 Demurrer 448
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.04
Excerpt: ...nst him. Plaintiff asserts these causes of action against Defendant CITY only. The Court DENIES Defendants' request for judicial notice of Exhibits D and E. These documents are not the proper subject of judicial notice. As to Defendant's special demurrer, the Court OVERRULE S same. These causes of action are not so unintelligible that Defendants cannot reasonably respond. Any ambiguities can be clarified through discovery. (Lickiss v. Financial ...
2024.04.04 Demurrer, Motion to Strike 631
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.04
Excerpt: ...day, December 13, 2023, on December 18, 2023, plaintiff and cross -defendant filed a declaration for an automatic extension. The extension expired on January 17, 2024, but the demurrer and motion to strike were not filed until March 1, 2024. And then, cross -defendant s et the matters for hearing on May 16, 2024, in violation of Rules 3.1320(d) and 3.1322(b) of the California Rules of Court [demurrer must be set for a hearing within 35 days of ...
2024.04.04 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 309
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.04
Excerpt: ...iminary Appr oval (ROA 255) served on the LWDA? Plaintiff must file a proof of service with the court reflecting service of the August 26, 2020 order on the LWDA. 2. Has defendant paid all sums owed under the settlement? See Hernandez Decl. (ROA 265) ¶ 15. If not, w hen will defendant pay the outstanding sums owed? 3. Was the escalator clause triggered? 4. The settlement administrator should state whether any disputes were received. 5. The set...
2024.04.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 502
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.04
Excerpt: ...lation of Class and PAGA Action Settlement, ¶ 4(A)). The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alleged in the operative complaint. E.g., the word “reasonably” should be i nserted before “could have been pled”; “[t]he Complaints” should be replaced with “[t]he Second Amended Complaint”; and the phrase “(including the contemplated Second Am...
2024.04.04 Motion for Relief from Entry of Default 793
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.04
Excerpt: ...operly serve an amen ded Complaint by April 3, 2023, or thereafter; that at the May 4, 2023, Case Management Conference, Plaintiff had still not filed the First Amended Complaint and represented to the Court that one would be filed but that one had still not been filed and tha t Plaintiff never requested additional time to file and serve an amended complaint, and no extension was granted. Defendant asserts that the entry of default appears to...
2024.04.04 Motion for Summary Judgment to SAC 970
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.04
Excerpt: ...tion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 8 26, 843.) BREACH OF ORAL CONTRACT – 1ST cause of action In this action, Plaintiff asserts that approximately 60 years ago, it entered into an oral contract with W...
2024.04.04 Motion for Summary Judgment, Adjudication 224
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.04
Excerpt: ...initial matter, the court not es Officer Clay was dismissed from Plaintiffs' Complaint on 03/21/24 and Officer Clay dismissed his Cross -Complaint on the same date. (ROA 117, 119.) Thus, Officer Clay is no longer a party to this action. Accordingly, Defendants' request for judgment in f avor of Officer Clay is DENIED AS MOOT. The City raises several arguments in support of its contention that it is entitled to summary judgment in its favor as to ...
2024.04.04 Motion to Amend Judgment 136
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.04
Excerpt: ... A. Ju dgment Creditor can correct its name. A court of general jurisdiction has the power, after final judgment and regardless of lapse of time, to correct clerical errors or misprisions in its records, whether made by the clerk, counsel, or the court itself, so that the records will conform to and speak the truth. (Estate of Goldberg (1938) 10 Cal.2d 709, 713.) This inherent power is confirmed by statute. “The court may, upon motion of the ...
2024.04.04 Motion to Compel Arbitration 422
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.04
Excerpt: ...ion. For the followi ng reasons, defendants' motion is granted in part and denied in part. The sixth cause of action (failure to provide accurate wage statements) and the seventh cause of action (failure to reimburse for expenses) in plaintiff's complaint are ordered to arbitr ation. The remaining claims are stayed pending completion of the arbitration. Civ. Proc. Code § 1281.4. Defendants' motion to strike the class allegations is denied. The a...
2024.04.04 Motion to Compel Compliance with Deposition Subpoena 074
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.04
Excerpt: ...urt Orde r Plaintiff's motion to compel compliance with this court's order of September 28, 2023, is DENIED. Further responses were served on October 4, 2023, but plaintiff complains the responses are “nearly identical” to the prior responses. The motion is not accompanied by a separate statement as required by Rule 3.1324 of the California Rules of Court, and the motion fails to establish how the responses were not compliant with the court's...
2024.04.04 Motion to Compel Responses 272
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.04
Excerpt: ...1, 2023 be deemed admi tted and conclusively established for all purposes in this action. Defendants additionally move for an order awarding monetary sanctions against Plaintiff in the sum of $690 each for three filed motions for a total of $2,070 for all motions. Defendants contend that Plaintiff has not served responses to the discovery at issue and that Plaintiff has asserted that she has already responded to the discovery via her complaint a...
2024.04.04 Motion to Compel Responses, for Monetary Sanctions 361
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.04
Excerpt: ... must consider the objections to the interrogatories, the interrogatories themselves, the pleadings, and the contentions of the interrogating party as to the purpose and validity of the interrogatories. (Columbia Broadcasting System, Inc. v. Superior Court for Los Angeles C ounty (1968) 263 Cal.App.3d 12, 18- 19.) “If the interrogatories stray too far and seek information which cannot reasonably serve the acknowledge purposes of pretrial discov...
2024.04.04 Motion to Quash Service of Summons 660
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.04
Excerpt: ...o effectua te personal service. Instead, Plaintiff served all Defendants by emailing the summons and complaint to Defendant Chavez. Defendants argue that Chavez did not agree to accept service of the summons and complaint by email and further did not agree to accep t service on behalf of the other Defendants. Defendants also argue that Plaintiff did not establish that she made diligent attempts to personally serve Defendants prior to serving them...
2024.04.02 Application for Preliminary Injunction
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.04.02
Excerpt: ...court notes it is unclear whether the papers were properly served on Defendants. The proofs of service filed on March 1, 2024 (ROA 31, 33) are internally inconsistent. The proof of service on the judicial council form states the documents identified in the attachme nt were personally served on Nino Riazati on March 1, 2024, at 10:05 a.m., at 4343 Von Karmen Ave, Ste. 250, Newport Beach, CA 92660, which is the office of Plaintiff's counsel. This...
2024.04.02 Applications for Right to Attach Order 492
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.02
Excerpt: ...in Departme nt N15. Plaintiff Tesser, LLC is ORDERED to serve by mail all application papers and notice of this ruling on Defendant Bridget Simpson, Defendant Lee B. Simpson, and their counsel of record. Plaintiff Tesser, LLC applies for a right to attach order and order for issuance of a writ of attachment against Defendant Bridget Simpson aka Bridget Scordo (Defendant Bridget) and Defendant Lee B. Simpson (Defendant Lee) in the amount of $358,5...
2024.04.02 Demurrer 642
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.02
Excerpt: ...limited to t he “four 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 inartfu lly drawn 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 c...
2024.04.02 Demurrer 821
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.02
Excerpt: ...Cal.App.5th 356, 384.) Plaintiffs are granted limited leave to amend, however, to plead this remedy within the underlying cause of action they believe supports this relief. The demurrer to the second cause of action for conversion and the third cause of action for tr espass to chattel, is sustained, on the basis Plaintiffs have not alleged interference with Plaintiff's possession of the identified property. (PCO, Inc. v. Christensen, Miller, Fin...
2024.04.02 Demurrers 441
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.02
Excerpt: ...Inc., M S Int ernational, Inc., Lotte Chemical California, Inc., and NGY Group (Orange County) Inc. demur to the fourth cause of action for fraudulent concealment. For the following reasons, the demurrers are overruled. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the...
2024.04.02 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 459
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.02
Excerpt: ...oval of the class action and PAGA settlement. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action and PAGA matter. The operative First Amended Complaint (“FAC”) was filed March 24, 2021 (ROA 55), and alleges the following eight causes of action: 1. Failure to Pay Minimum Wages; 2. Failure to Pay Overtime; 3. Failure to Provide Rest Breaks; 4. Failure to Provide Meal Periods; 5. Failure to Provide Accurate Wa...
2024.04.02 Motion for Summary Judgment, Adjudication 727
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.02
Excerpt: ... an ov erlong brief due to Defendant's improperly single -spacing and use of less than 12 point font for numerous footnotes. The court is inclined to continue the hearing, and trial as necessary, to order Defendant to file a compliant memorandum and permit Plaintiff to respond pursuant to Code Civ. Proc. §437c. The court will hear from counsel on this point. Issues with Defendants' Moving Papers The Memorandum For its memorandum in support of i...
2024.04.02 Motion for Summary Judgment, Adjudication 606
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.02
Excerpt: ...nt bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A...
2024.04.02 Motion for Summary Judgment 342
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.02
Excerpt: ...ff requests be stricken. (Id., 3:20 -22.) The memorandum also seeks an order striking the separate statement and references in Defendants' brief to the facts contained in the separate statement. (Id., 8:14 -16.) The Court considers this a motion to strike the entire separate statement only. (Cal. Rules of Ct., Rule 3.1322(a).) “The paragraphs in a separate statement should be limited to facts that address the elements of a cause of action or an...
2024.04.02 Motion to Approve Amended Joint Stipulation of Settlement and Release Under PAGA 515
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.02
Excerpt: ...802 for Defendant's fa ilure to reimburse necessary business expenses. (ROA 2.) On July 16, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) adding a PAGA claim. (ROA 17.) The class consisted of those employees who sought mileage/travel reimbursement. An Unlaw ful Business Practices claim is alleged on the same basis. The PAGA claim is based on violations of Labor Code sections 2802 and 204 (timely payment of wages). The L...
2024.04.02 Motion to Compel Further Responses 372
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.02
Excerpt: ... On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those d ocum en ts i s i n ad eq uate. [ ¶] ( 3 ) A n ob j ect...
2024.04.02 Motion to Compel Production, for Sanctions 512
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.02
Excerpt: ...electronic service RELIEF SOUGHT: Moving Plaintiffs move for an order to compel Defendants to provide responses to Requests for Production of Documents, and to impose monetary sanctions on Defendants. UPCOMING EVENTS: 1. Motion for Summary Judgment/Summary Adjudication – May 24, 2024 2. Status Conference – October 2, 2024 FACTS/OVERVIEW: This is an individual wage -and -hour action and representative PAGA action. This is not a class action. O...
2024.04.02 Motion to Dismiss 888
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.02
Excerpt: ...hard moves to dismiss the 1st, 2nd, and 3rd Causes of Action of the Complaint for Property Damages, Breach of Contract, Fraud and Punitive Damages filed by Plaintiff Daniel Escamilla. 1st Cause of Action (Willful Misconduct Resulting in Property Damage) The crux of Plaintiff's claim is that Defendant rented a 2018 Ford F- 150 Lariat vehicle and caused damage to it when he had a duty not to do to so. Defendant argues that Plaintiff lacks standing...
2024.04.02 Motion to Quash 337
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.02
Excerpt: ...and First A mended Complaint (FAC) for lack of personal jurisdiction due to defective service. Standard to Quash Service of Process A court lacks jurisdiction over a defendant if there has not been proper service of process upon that defendant.  (See Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) Therefore, “[a] defendant, on or before the last day of his or her time to plead or within any further time that the court may for good c...
2024.04.02 Motion to Quash 439
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.02
Excerpt: ...ent Reques ts 1-5. Non -Party Avalon Laboratory Services, LLC is ORDERED to serve full, complete, and verified responses and responsive documents to Document Requests 6 and 7 of the Deposition Subpoena for Production of Business Records Served on Nonparty Avalon Labo ratory Services, LLC, within 30 days of service of the notice of ruling. Defendant Integritox Laboratories, LLC (Defendant Integritox) and Defendant Laboratory Services, MSO, LLC (D...
2024.04.02 Motion to Seal 000
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.02
Excerpt: ...rt ORDERS that the version of the Declaration of Jemma E. Dunn in Support of Plaintiff Jane Doe 7030's Opposition to NewportMesa Unified School District's Motion for Summary Judgment that does not redact Plaintiff's true name, (ROA #144), shall not be made available to the public without court order. The court ORDERS that the version of the Declaration of Jemma E. Dunn in Support of Plaintiff Jane Doe 7030's Opposition to NewportMesa Unified Sc...
2024.04.02 Motion to Stay Proceedings 368
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.04.02
Excerpt: ...he Estate o f Jeffrey Russell, Case No. 213400266 (the “Utah Probate Case”). Plaintiffs contend that the issues in the Utah Probate Case are substantively identical to these proceedings as it involves many of the same claims at issue and the same parties here. The C ourt disagrees. Plaintiffs' claims in the Utah action are as follows: (1) determining invalidity of purported trust; or in the alternative (1) enforcing decedent's contract to lea...
2024.04.02 Motion to Strike 633
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.04.02
Excerpt: ...ive dam ages, Plaintiff must establish Defendants are guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) Moreover, Civil Code section 3294(b) provides, “An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an em ployee 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...
2024.04.02 Motion to Compel Discovery 013
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.02
Excerpt: ...ing. Plain tiff Meadows Bank LP is ORDERED to pay to Defendant Kimberly Ann Gavin sanctions in the amount of $1,600 (4 hours x $400 per hour) within 30 days of service of the notice of ruling. If the sanctions are not paid in a timely manner, they shall accrue intere st at the legal rate of 10% per annum. Defendant Kimberly Ann Gavin (Defendant Gavin) moves to compel Plaintiff Meadows Bank to provide further responses to Requests for Production o...
2024.03.29 Motion for Leave to Amend 782
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.03.29
Excerpt: ...h 1422. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action…it is not only error but abuse of discretion”.  Morgan v. Superior Court  (1959) 172 Cal.App.2d 527.        Plaintiff argues that Defendant' s proposed A...
2024.03.29 Demurrer 001
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.03.29
Excerpt: ...Plaintiff has failed to adequately allege a cause of action for intentional interference with expected inheritance (IIEI). An IIEI claim requires: 1) an expectancy of inheritance; (2) proof amounting to a reasonable degree of certainty that the bequest would have been in effect at the time of the testator's death; (3) that the defendant(s) had knowledge of the expectation of inheritance; (4) that interference was conducted by independently to...
2024.03.29 Demurrer 779
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.29
Excerpt: ...n is overruled. The demurrer is sustained as to the third cause of action is sustained without leave to amend. Dependent Adult Abuse/Neglect (First Cause of Action) The first cause of action is for dependent adult abuse/neglect. “The purpose of the [Elder Abuse Act] is essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect.” (Delaney v. Baker (1999) 20 Cal...
2024.03.29 Demurrer to SAC 079
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.03.29
Excerpt: ...n will receive.' [Citations.]” (People ex rel. Allstate Ins. Co. v. Weitzman (2003) 107 Cal.App.4th 534, 538 (Weitzman).) The term “qui tam” comes from the Latin expression “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which means, “'who pursues this action on our Lord the King's behalf as well as his own'.” (Ibid.) The Insurance Frauds Prevention Act (IFPA) was enacted in 1993 to combat workers' ...
2024.03.29 Motion for Final Approval of Class Action Settlement, for Attorney Fees 072
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.29
Excerpt: ...ble result in light of the quality of the result obtained, the work performed by class counsel, a review of the billing records provided, and the estimated lodestar. In approving this amount and examining the billing records provided, the Court is not approving any particular hourly billing rates proposed by class counsel. 2. Litigation costs in the amount of $40,571.39, the full amount sought. 3. An enhancement of $2,500 to Plaintiff. In making ...
2024.03.29 Motion to Compel Arbitration 574
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.29
Excerpt: ...ed “Grievance of Disputes”) that states the following, in relevant part: [A]ll employee claims or disputes concerning violations of, or arising under Wage Order 16 (except as noted in the immediately preceding paragraph), the California Labor Code Sections identified in California Labor Code section 2699.5 as amended, all derivative claims under California Business and Professions Code section 17200, et seq., all associated penalties, and fe...
2024.03.29 Motion for Preliminary Approval of Class Action Settlement 431
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.29
Excerpt: ...ed, a redline showing all changes, deletions and additions must be submitted as well. In addition, please provide proof of service of any revised agreement on the LWDA. As to the Settlement: 1. Please provide a copy of Plaintiff's pre - filing letter to the LWDA . 2. Are there any other actions, whether individua l, class, or PAGA (including in the pre -filing LWDA stage) that may be affected by this settlement? 3. Please provide 60 days, rathe...
2024.03.29 Motion to Compel Further Responses 908
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.29
Excerpt: ...ing party is required to set forth specific facts showing good cause justifying the discovery sought by the inspection demand, pursuant to Code of Civil Pro cedure section 2031.310, subdivision (b)(1). To establish “good cause,” the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifyi...
2024.03.29 Motion to Compel Further Responses, for Monetary Sanctions 408
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.03.29
Excerpt: ...erbroad word “REFER”. Defendants also must serve all d ocuments responsive to Request for Production Nos. 14, 19, 20- 22, 45, 50, 56, 58- 60, 70-72 and 75 within 20 days, except that Request Nos. 14, 19, 56 and 72 will be deemed to exclude the overbroad word “REFER”. Such documents should include the pay summaries, time records, commission reports and commission summaries for all putative class members. Defendants also must serve a veri�...
2024.03.29 Motion to Contest Legitimacy of Assertion of Attorney-Client Privilege
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.03.29
Excerpt: ...lectively “Goe Forsythe”) and Attorney MICHAEL LEBOFF and the Law firm KLEIN & WILSON (collectively “ LeBoff”). The Parks move pursuant to Code of Civil Procedure section 2031.285, which provides in pertinent part: (a) If electronically stored information produced in discovery is subject to a clai m of privilege or of protection as attorney work product, the party making the claim may notify any party that received the information of the...
2024.03.29 Motion to Enforce Settlement Agreement
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.03.29
Excerpt: ...t argues that it only agreed to “perform” and not t o “complete” the work. Such appears to be a tortured reading of the parties' agreement and not consistent with the apparent intent of the parties. For example, Defendant's interpretation of the word “performed” would allow Defendant to merely begin the r epair/replace work without ever having to complete the work. The agreement entered into on or about May 9, 2023, called for work to...
2024.03.28 Motion to be Relieved from Deemed Admissions
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.03.28
Excerpt: ...ertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420- 1421; see Joyce v. Ford Motor Co. (2011) 198 Cal.App.4th 1478, 1489 [a motion to withdraw or amend an admission “would have been granted as long as the trial court determined that [defendant's] mistake in ad mitting the matter was not clearly inexcusable and withdrawal would not substantially prejudice [plaintiff]”].) “Section 2033.300 eliminates undeserved windfalls obtaine...
2024.03.28 Demurrer 162
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.28
Excerpt: ...ealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage. [Citation.]” (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 173, internal quotation marks omitted.) In this medical negligence case, Plaintiff alle ges in the FAC that prior to Dr. Hennessy treating him, the defendants “made written affirmative representations ass...
2024.03.28 Demurrer, Motion to Strike 179
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.28
Excerpt: ... from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely 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 j...
2024.03.28 Discovery Motions 875
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28
Excerpt: ...d, and (3) it has filed a separate motion for a stay that has not yet been heard. The four discovery motions (ROAs 60, 64, 68, and 72) are GRANTED. Defendant is ORDERED to serve verified responses within 15 days. Sanctions are ORDERED against defendant and its counsel, joint and several, in the amounts requested in th e motions, payable to the plaintiff within 15 days. The defendant's request for sanctions is DENIED. Procedural Background The c...
2024.03.28 Motion for Permission to Maintain Action Under Pseudonym 171
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28
Excerpt: ...ditions that the defendants caused, (c) she is concerned t hat she will be blackballed in the industry for suing her prior employer, and (d) defendants are trying to obtain a litigation advantage by making her disclose her real name, and they are seeking to shame and embarrass her. Code of Civil Procedure section 367 provides that an action “must be prosecuted in the name of the real party in interest, except as provided by statute.” Plaintif...
2024.03.28 Motion for Summary Judgment 689
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.28
Excerpt: ...e profession commonly possess and exercise; (2) a brea ch of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) “The standard of care against which the acts of a physician are to b e measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be p...
2024.03.28 Motion for Summary Judgment, Adjudication 789
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.03.28
Excerpt: ...same].) Specifically, defendants failed to m eet their initial burden as to Noticed Issue No. 1 because the issue fails to completely dispose of any cause of action. (See Code Civ. Proc. § 437c, subd. (f)(1).) Defendants met their initial evidentiary burden as to Noticed Issues No. 3. & 5, Even if d efendants had met their initial burden as to each noticed issue, plaintiffs met their shifted burden to show triable issues of material fact. (See ...
2024.03.28 Motion to Compel Production of PMQ, Custodian of Records
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.03.28
Excerpt: ...nd what procedure s Defendant followed to respond to Plaintiff's request, if any; and (2) any repairs and service reflected in the Global Warranty History Report applicable to the Subject Vehicle. The deposition shall occur at a mutually- agreeable time and place on or before April 15, 2024. Any party may obtain discovery by taking in California the oral deposition of any person, including any party to the action. (See Code Civ. Proc., § 2025.0...
2024.03.28 Motion to Compel Further Responses 480
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.28
Excerpt: ... if a statement of compliance with the demand is incomplete, a rep resentation of inability to comply is inadequate, or an objection is without merit or too general. (Code Civ. Proc., § 2031.310(a).) The motion must set forth specific facts showing good cause to justify the discovery sought. (Code Civ. Proc., § 2031.310(b).) A party may move for an order compelling further responses to interrogatories if the party deems an answer to be evasive...
2024.03.28 Motion to Compel Responses, for Monetary Sanctions 257
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.28
Excerpt: ...ng party has 30 days after service of a demand for inspection to ser ve a response, Page 4 of 16 unless the parties agree to extend the date for a response and the agreement is “confirmed in a writing that specifies the extended date . . . for the service of a response.” (Code Civ. Proc. §§ 2031.260(a), 2031.270(a) -(b).) If a party to whom requests for production of documents were directed fails to serve a timely response, the propoundin...
2024.03.28 Motion to Quash Service of Summons 022
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.03.28
Excerpt: ...(Law Offices of David S. Karton v. Segreto (2009) 176 CA4th 1, 9— § 1286 is mandatory in this respect.) A court has the power to vacate or correct an arbitrator's award on specific grounds. (CCP § 1286.) Unless a petition to correct or vacate the award has b een timely filed, the court must render a judgment confirming the arbitrator's award. [See CCP § 1286 —“the court shall confirm the award as made …”; see also Valsan ...
2024.03.28 Motion to Tax Costs 600
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28
Excerpt: ... on appeal and thus it is entitled to its costs so l ong as those costs were timely requested and are allowable. In its opposition, filed the same day, defendant states that, “Hussein has indicated he does not challenge Defendants appellate cost bill.” But, in Hussein's reply, he iterates that he does chal lenge defendant's right to costs on appeal. He iterates that defendant “forfeited” its right to those costs because it failed to fil...
2024.03.28 OSC Re Contempt 357
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.28
Excerpt: ... that no signed order to show cause was issued for the present OSC hearing. Wh ile the Court previously issued a signed OSC for the OSC hearing on 01/25/24, that OSC was taken off calendar and the OSC was then continued to 03/28/24. (See ROA 2222.) The Court only issued a minute order continuing the OSC to the current date of 03/28/2 4. No signed order was issued. Because the OSC must formally notify respondent of the time and place of the contem...
2024.03.28 Special Motion to Strike 177
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.28
Excerpt: ...intiff Michael Kinney (“Plaintiff”). The Motion is GRANTED as to COAs 5 and 6 but DENIED as to COAs 3 and 4. As a preliminary matter, Plaintiff claims that this Motion is untimely under C.C.P. § 425.16(f). However, although it is based on allegations that were also made in a prior pleading, the statutory deadline is reopened for a new COA in an amended pleading, even if based on protected activity alleged in the original complaint. (Starview...
2024.03.28 Motion to Compel Further Responses 614
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.28
Excerpt: ...b)(2).) “‘The Discovery Act requires that, prior to the initiation of a motion to compel, the moving party declare that he or she has made a serious attempt to obtain “an informal resolution of each issue.” [Citations.] This rule is designed “to encourage the parties to work out their differences informally so as to avoi d the necessity for a formal order....” [Citation.] This, in turn, will lessen the burden on the court and reduce t...
2024.03.27 Motion to Compel Deposition of PMK
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.27
Excerpt: ...ers, directors, managing agents, employees, or agents o f entity deponents who are most qualified to testify on its behalf].) If the party being deposed objects to the deposition notice, it must object to same at least three calendar days prior to the date for which the deposition is scheduled. (Code Civ. Proc. , § 2025.410, subds. (a) & (b).) “If, after service of a deposition notice, a party to the action or an officer, director, managing a...
2024.03.27 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.27
Excerpt: ...een filed may object, by demurrer or answer as provided in S ection 430.30 , to the plead ing on any on e or more of the followin g grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous a nd unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be...
2024.03.26 Motion for Attorney Fees 040
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.26
Excerpt: ... offer to compromise on February 20, 2023. (Exhibit F to the declaratio n of attorney Bryan Reynolds submitted with the opposition.) The terms of the statutory offer to compromise provides in ¶ 10 that defendant Jaguar Land Rover of North America “will pay Plaintiff's attorney's fees, expenses and costs in an amount to be det ermined by the Court to have been reasonably incurred pursuant to Civil Code Section 1794(d).” Subdivision (d) of sec...
2024.03.26 Demurrer 034
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.26
Excerpt: ... untimely. A demurrer must be filed “within 30 days after service of the complaint.” (Code Civ. Proc., § 430.40, subd. (a).) The “demurring party shall be granted an automatic 30 -day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining...
2024.03.26 Demurrer 084
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.26
Excerpt: ...se of action for breach of contract, the plaintiff must prove (1) the contract, (2) plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) “[T]he complaint must indicate on it s face whether the contract is written, oral, or implied by conduct.” (Otworth v. Southern Pacific Transportation Co. (1985)...
2024.03.26 Demurrer to FAC 650
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.26
Excerpt: ...Legislature enacted sec tion 1102.5 in 1984 to provide whistleblowers with protection from employer retaliation. [Citation.]” (People ex rel. Garcia -Brower v. Kolla's, Inc. (2023) 14 Cal.5th 719, 722.) Section 1102.5(b) “ ‘reflects the broad public policy in encouraging workplace whistleblowers to report unlawful acts without fearing retaliation.' [Citations.]” (Id. at p. 723.) “Section 1102.5 provides whistleblower protections to emp...
2024.03.26 Motion for Summary Judgment, Adjudication 243
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.26
Excerpt: ...Plaintiff's objection is sustained and the evidence is exc luded. (The video is described in the police report, which Plaintiff submitted as evidence.) Merits The elements of a negligence claim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury. (Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1159.) Premises liability “is grounded in the possession of the premises and...
2024.03.26 Motion for Legal Determination of Whether Activity Would Violate Statute, Rule, or Regulation 555
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.26
Excerpt: ... or regula tion per Labor Code section 1102.5(c). Defendants Hancock Jaffe Laboratories, Inc. (“HJL”) and Robert Berman (“Berman” and, collectively, “Defendants”) separately move the Court to interpret material provisions of Plaintiff's Employment Agreement and for t he following findings: A. Section 6(d) of the Agreement Required Plaintiff to Provide Written Notice of Specific Circumstances Constituting “Good Reason”, Allow 30 ...
2024.03.26 Motion to Compel Further Responses 603
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.26
Excerpt: ...n order compelling further response to the de mand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without m erit or too general. (b) A motion under subdivision (a) shall comply with each of the following: (1) The motion shall set forth specific facts sho...
2024.03.26 Motion to Expunge Lis Pendens 115
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.26
Excerpt: ...nia 92651 (the “Property”) and (2) awarding Defendants their reasonable attorney's fees in the amount of $5,692.50 incurred in preparation, filing, attendance and argument on this Motion. In this instance, there is no dispute that the case involves a real property claim . In this transaction for the purchase of real property in Laguna Beach, several offers and counteroffers went back and forth. However, the gist of the agreement was that the...
2024.03.26 Motion to Strike or Tax Costs 003
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.26
Excerpt: ... authority which support that incorrect information in a caption to a Memorandum of Costs warrants striking the entire Memorandum of Costs. When legal argument with citation to authority is not furnished on a particular point, the court may treat the point as forfeited and move on without consideration. (Okasaki v. City of Elk Grove (2012) 203 Cal.App.4th 1043, 1045, fn. 1.) Tentative Ruling: The Court DENIES the motion to the extent it seeks to ...
2024.03.25 Motions for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.03.25
Excerpt: ...Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305.) “The standard of care in a medical malpractice case requires that physicians exercise in diagnosis and treatment that reasonable degree of skill, knowledge and care ordinarily possessed and exercised by members of the medical profess ion under similar circumstances.” (Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 983- 984.) Here, the undisputed evidence demo...
2024.03.25 Motion to Strike 937
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.25
Excerpt: ...) Strike out any irrelevant, false, or improper matter inserted in any pleading (b) Strike 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. “[T]o establish the insurer's ‘bad faith' liability, the insured must show that the insurer has (1) withheld benefits due under the policy, and (2) that such withholding was �...
2024.03.25 Motion to Strike 799
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.25
Excerpt: ...n or proceeding until an arbitration is had in accordanc e with the order to arbitrate or until such earlier time as the court specifies.” (Code Civ. Proc., § 1281.4.) “The purpose of the statutory stay [required pursuant to section 1281.4] is to protect the jurisdiction of the arbitrator by preserving the st atus quo until arbitration is resolved. [Citations.] [¶] In the absence of a stay, the continuation of the proceedings in the trial ...
2024.03.25 Motion to Strike 623
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.25
Excerpt: ...on the grounds Plaintiffs have not sufficiently alleged facts to support a claim for punitive damages. Civil Code § 3294(a) provides for punitive damages “[i]n an action for breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the 28 defendant has been guilty of oppression, fraud, or malice. . .” Section 3294(c) defines malice, oppression and fraud as follows: “(1) “Malice” means ...
2024.03.25 Motion to Quash Service of Summons, to Enforce Compliance with Deposition Subpoena 233
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.25
Excerpt: ...Plaintiffs”) (“Motion 2” below). I. Motion 1 Motion 1 is DEN IED. In determining whether exercise of state -court jurisdiction is consistent with due process, the inquiry must focus on the relationship among the defendant, the forum, and the litigation. (Rush v. Savchuk (1980) 444 U.S. 320, 327.) The presence of pr operty in a state may bear on the existence of jurisdiction by providing contacts among the forum State, the defendant, and the...
2024.03.25 Motion to Enforce Settlement 396
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.25
Excerpt: ...of $86,469.53 within 15 days, as well as an order that D efendant pay Plaintiff for reasonably incurred attorneys' fees in the total amount of $7,164 relating to collecting the payment of attorney's fees, costs, and expenses. No opposition has been filed. Code of Civil Procedure section 664.6 provides, in pert inent part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally...

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