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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 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 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 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 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 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 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...
2024.05.31 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 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 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 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 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...
2024.05.30 Motion for Summary Judgment 056
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.30
Excerpt: ...the open house signs. Real estate agents/brokers have a duty to notify visitors about dangerous conditions which they know about or have constructive knowledge of. From the photographs attached to defendant expert's declaration, it is apparent there is a triable is sue of fact as to whether this raised area (sort of a rectangular landing) was open and obvious. The color and texture of the walkway and raised area appear to be consistent. A jury co...
2024.05.30 Demurrer 610
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.30
Excerpt: ...al distress; and (4) actu al and proximate causation of the emotional distress by the defendant's outrageous conduct. (Vasquez v. Franklin Management Real Estate Fund, Inc. (2013) 222 Cal.App.4th 819, 832.) The fifth cause of action alleges that the defendants engaged in an “intentional and willful failure to put Plaintiff on notice of the insects, including, but not limited to, bed bugs in the Subject Property and Subject Unit, knowing, i...
2024.05.30 Demurrer 681
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.30
Excerpt: ... allegations made mus t be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the com plaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. (Day v. Sharp (1975) 50 Cal.3d 904, 914; Sosinsky v. Grant (1992) 6...
2024.05.30 Demurrer 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.30
Excerpt: ...t Will -Work. Will- Work a sserts that since the Court's sustaining of Will -Work's previous demurrer, Plaintiff has only inserted a few ambiguous, conclusory statements about Will -Work, neglected to revise its caption page to add Will -Work as a defendant, a fatal flaw as discussed i n the concurrently filed Motion to Strike, and fails to allege any specific facts related to Will -Work's conduct. Will -Work also contends that the Ninth Cause...
2024.05.30 Motion for Determination of Good Faith Settlement 026
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...e r joint tortfeasors from any further claims against the settling tortfeasor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (Id., § 877.6, subd. (c).) “To determine whether a settlement is in good faith, a trial court must inquire ‘whether the amount of the settlement is within the reasonable range of the settling tortfeasor's proportional share of compa...
2024.05.30 Motion for Entry of Judgment 129
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.05.30
Excerpt: ... its own. Thi s request for default judgment is both procedurally and substantively defective. The request has not been made on mandatory Judicial Council Form CIV -100 (Cal. Rules of Court, rule 3.1800(a)) and is not properly supported by a default prove -up package. (Id ., rule 3.1800(a)(2) -(8); see Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288 (Kim) [evidence of damages is required for default judgment].) Even if plaintiff h...
2024.05.30 Motion for Judgment on the Pleadings 175
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.30
Excerpt: ... notice, thus the req uest is GRANTED Defendant notes that each of the claims in the FAC concern the sale of the subject real property accomplished under court order in the Los Angeles Superior Court case in which Plaintiff was a defendant. As to the first cause of action f or breach of fiduciary duty, Plaintiff alleges no factual allegations as to the existence of a fiduciary duty owed by Defendant to Plaintiff. There is only an allegation th...
2024.05.30 Motion for Leave to File Amended Complaint 011
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.05.30
Excerpt: ...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. However, where leave to amend is sought to allege a claim that is legally deficient, leave to amend may be denied. (See, e.g., California Cas. Gen. ...
2024.05.30 Demurrer 551
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.05.30
Excerpt: ...sue is the sufficien cy 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 judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of ...
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 369
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.30
Excerpt: ... law. The M erits 1. There is a Triable Issue of Material Fact as to Whether Nurse Practitioner Luu was an Independent Contractor or an Employee of Progeny These defendants claim Luu was an independent contractor and thus they cannot be held liable for any negligenc e on her part. Historically, someone that hired an independent contractor was not liable for their negligence. (See Johnson v. The Raytheon Co., Inc. (2019) 33 Cal.App.,5th 617, 627.)...
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 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 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 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 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...
2024.05.29 Motion for Summary Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...dissolut ion of the automatic bankruptcy stay. Statement of Law The Court may summarily adjudicate any causes of action, affirmative defenses, claims for damage, or issues of duty. (Code Civ. Proc., § 437c, subd. (f)(1).) The “specific cause of action, affirmativ e defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material fact...
2024.05.29 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...omplaint. (Blan k v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency 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. (200 2) 101 Cal.App.4th 1395, 1404 -05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer ...
2024.05.29 Demurrer (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...ful evict ion. Plaintiff filed a first amended complaint as a matter of right. The parties then stipulated to Plaintiff filing a Second Amended Complaint. [ROA #79]. Defendants Baldi, Steiner, and MAS filed a demurrer to various causes of action in the Second Ame nded Complaint. On August 16, 2023, the court overruled Defendants' demurrers as to the eighth cause of action, but sustained the demurrer as to the fourth, seventh, ninth, and tenth...
2024.05.29 Demurrers to FAC 928
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.29
Excerpt: ...ruled. Lega l Standard “The party against whom a complaint or cross -complaint has been filed may object, by demurrer or answer as provided in Section 430.30[.]” Among other grounds, a demurrer may be taken if a pleading is “uncertain,” (meaning “ambiguous and unintell igible”), or if it “does not state facts sufficient to state a cause of action.” (Code Civ. Proc., § 430.10, subd. (e), (f).) A special demurrer for uncertainty i...
2024.05.29 Motion for Leave to File FAA 590
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.29
Excerpt: ...oposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional a llegations are located. (California Rules of Court (“CRC”), Rule 3.1324(a).) Moreover, a separate declaration must accompany the motion and must specify: (1) the effect of the ...
2024.05.29 Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...35, or at any time in its discretion, and upon terms it deems proper: (a) 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 rul e, or an order of the court.” (Code Civ. Proc., § 436.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of whic...
2024.05.29 Motion for Summary Judgment 161
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.05.29
Excerpt: ...they are overr uled nos. 1, 2, 3, 6, 7, 8. The court did not consider facts and argument presented for the first time on reply. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable i ssue of material fact…” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the p...
2024.05.29 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...s GRANTED as to the second cause of action only. 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 prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) The parties must set forth admissible evid...
2024.05.29 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ... set forth “ specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310(b)(1).) Case law provides the burden is on a moving party to show good cause. (See, e.g., Digital Music News, LLC v. Superior Court (2014) 226 Ca l.App.4th 216, 224 [disapproved on other grounds by Williams v. Super. Ct. (2017) 3 Cal.5th 531]; Kirkland v. Super. Ct. (2002) 95 Cal.App.4th 92, 98.) To establish “good c...
2024.05.29 Motion to Compel Further Responses, for Sanctions
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...yable w ithin 30 days of notice of the Court's ruling. Statement of Law Under the Civil Discovery Act, “any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determina tion of any motion made in that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may re...
2024.05.29 Motion to Seal Certain Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...Court Clerk is instructed to remove ROA # 1176 from the public docket, and Defendant is directed to file a corrected version of same, but which redacts the confidential information identified in Plaintiff's Motion. The Court seals the portions of ROA # 1176 that des cribe or summarize the contents of Exhibits 20 -26 and 30- 35. Statement of Law – Motion to Seal “Unless confidentiality is required by law, court records are presumed to be o...
2024.05.29 Motion to Strike (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.05.29
Excerpt: ...36.) “Irrel evant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not support by the allegations of the complaint. (Code Civ. Proc., § 431.10(b).) Defendant moves to strike Plaintiff's requests for injunctive relief. Defendant argues that Plaintiff is seeking injunctive relief only under Civil Code section 52, ...
2024.05.27 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.05.27
Excerpt: ...o merit if the party has shown that one or more elements of the cause of action cannot be established, or that there is a complete defense thereto. (Code Civ. Proc., § 437c(p)(2).) To “show” a complete defense, a defendant must present admissible evidence of each essential element of the defense upon which it bears the burden of proof at trial. (Anderson v. Metalclad Insulation Corp. (1999) 72 Cal.App.4th 284, 289.) The plaintiff has no evid...

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