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8654 Results

Location: Orange County x
2021.10.21 OSC Re Preliminary Injunction 670
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ...party.” The burden is on Plaintiff to show all elements necessary to support issuance of the injunction. O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1481. “A superior court must evaluate two interrelated factors when ruling on a request for a preliminary injunction: (1) the likelihood that the plaintiff will prevail on the merits at trial and (2) the interim harm that the plaintiff would be likely to sustain if the injunction wer...
2021.10.21 Motion to Quash Subpoena 185
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ...er, depression, anxiety, fatigue, loss of energy, poor concentration, decreased appetite, excessive worry, muscle aches, irritable mood, hopelessness, tearfulness, restlessness, loss of pleasure in daily activities, excessive guilt, sleeping too much, and thoughts of dying, for treatment of Jodie Arizona Elliott for the period of March 15, 2019 to August 15, 2021, from the following medical providers: William On Woo, M.D.; Mayra Noema Torres, LMF...
2021.10.21 Motion to Compel Further Responses, Production of Docs 984
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ... of written discovery requests to plaintiff specially tailored towards discovering plaintiff's background and basic contentions in this action. (Declaration of Cary Mullen ¶ 2; Exhibit A.) Plaintiff served unverified responses on May 14, 2021. (Mullen Decl. ¶ 3; Exhibit B.) Between June 24 and 25, 2021, KMA's counsel met and conferred with plaintiff's counsel articulating the deficiencies in plaintiff's discovery responses including plaintiff's...
2021.10.21 Motion for Discovery Sanctions, to Compel Answers 258
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ...esponding party to justify any objection.” (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255, citing Coy v. Superior Court (1962) 58 Cal.2d 210, 220-221). Given Defendant does not address its objections, the Court finds the majority of the objections have been abandoned; however, it is worth noting Defendant asserted both the “attorney-client privilege” and the “attorney work-product” privilege in response to each of these...
2021.10.21 Demurrer, Motion to Strike, to Quash 504
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ...presentation: The elements of a claim for fraud based on an affirmative representation are (1) a false representation of material facts, (2) knowledge of falsity, (3) intent to defraud, (4) actual and justifiable reliance, and (5) damages. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) The elements of a cause of action for fraud based on concealment are: (1) the defendant concealed or suppressed a material fact, (2) the defendant was under...
2021.10.21 Application for TRO 871
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ... in concert with Defendants, from placing eGumball back on the MATCH list pending a hearing on a Preliminary Injunction. MATCH is an acronym for Member Alert to Control High-Risk Merchants; it is a compliance program run by MasterCard that provides acquirers the ability to review certain merchant risk information before entering into a merchant agreement. (Scofield Decl., ¶ 13.) Here, Visa was investigating two pharmaceutical websites that were ...
2021.10.21 Motion to Set Aside Default 964
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ...him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (CCP § 473(b).) “[T]he court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which ...
2021.10.20 Demurrer, Special Demurrer 560
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.10.20
Excerpt: ...he legislative analysis of AB 1871, including: 1. Assembly Committee on Insurance (May 4, 2010) 2. Senate Floor Analysis (July 29, 2010) 3. Assembly Floor Analysis (June 1, 2010) The request for judicial notice is GRANTED. The request was properly made, and the documents constitute cognizable legislative history properly subject to judicial notice. (Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal.App.4th 26, 31) H...
2021.10.20 Demurrer 374
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.10.20
Excerpt: ...an (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 judicial notice, or items attached as exhibits to the complaint, the court ...
2021.10.20 Demurrer 395
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2021.10.20
Excerpt: ...plaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) 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 truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4...
2021.10.20 Demurrer, Motion to Quash 399
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.10.20
Excerpt: ...ases I & II (2005) 135 Cal. App. 4th 100, 110 (“In re Auto”). “When a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction. [Citation.] Once facts showing minimum contacts with the forum state are established, however, it becomes the defendant's burden to demonstrate that the exercise of jurisdiction would be unreasonable. [...
2021.10.20 Demurrer, Motion to Strike 889
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2021.10.20
Excerpt: ...wing reasons, the Motion to Strike is GRANTED WITHOUT LEAVE TO AMEND. The Demurrer Defendant demurs on the following grounds: 1. The fourth cause of action for fraudulent concealment fails to state a cause of action against DPR. (Code of Civ. Proc.,§ 430.10, subd. (e).) This claim fails because: A. Government Code section 818.8 immunizes public entities from fraud claims; and B. It is not based on statute. 2. The fifth cause of action for unfair...
2021.10.20 Demurrer, Motion to Strike 907
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2021.10.20
Excerpt: ...rike is GRANTED WITH FIFTEEN (15) DAYS LEAVE TO AMEND. The Demurrer In the Demurrer, Defendant states: AHM demurs to Plaintiff's Seventh Cause of Action for Conversion on the following grounds: under Code of Civil Procedure section 430.10, subdivisions (e) and (f), because the Complaint fails to state facts sufficient to constitute a claim against AHM and the cause of action is uncertain, ambiguous, and unintelligible. This cause of action is als...
2021.10.20 Motion for Summary Judgment 010
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ... action for Motor Vehicle Negligence is without merit as a matter of law as PACIFIC is a business entity and did not operate any of the vehicles involved in the subject incident; and (2) Issue 2: Plaintiffs' 2nd cause of action for General Negligence is without merit as a matter of law as Plaintiffs' cannot establish that (i) PACIFIC owed Plaintiff CHAYA a duty of care on the date of the incident, (ii) PACIFIC breached any purported duty of care ...
2021.10.20 Motion for Camera Review of Certificates of Merit 926
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ... Court's review, in camera, the Certificates of Merit wherein Plaintiff complied with CCP § 340.1(g), as he submitted certificates of merit from his attorney and from a mental health practitioner who meets the requirements of the statute, and Plaintiff complied with CCP § 340.1(h), as Plaintiff's attorney executed a separate certificate of merit for each defendant named in the complaint. (ROA 37.) As to Plaintiff's motion, pursuant to CCP § 34...
2021.10.20 Motion for Security Undertaking 726
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2021.10.20
Excerpt: ...des out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney's fees” means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or ...
2021.10.20 Motion to be Discharged and Dismissed from Action 095
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ... Clerk of the Court; (3) Cross- Defendants, and each of them, and their respective attorneys, be restrained from instituting or further prosecuting any other proceeding in any court in California for recovery against the bond; and (4) ACIC be permitted to dismiss itself from the cross-complaint without prejudice.” (Ex Parte App. 2:3-10.) In short, ACIC moves to be discharged and dismissed from this action, and for an award of costs and attorney...
2021.10.20 Motion to Compel Arbitration 307
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2021.10.20
Excerpt: ...nt Huntington Beach Chrysler Dodge Jeep Ram. For the following reasons, the motion is DENIED as to Defendant FCA. Arbitration Agreements In St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1194 (internal quotation marks omitted), citing to Code of Civil Procedure 1281, the California Supreme Court described arbitration agreements: …[a] written agreement to submit to arbitration ... a controversy thereafter arising is...
2021.10.20 Motion to Set Aside or Vacate Dismissal 068
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.10.20
Excerpt: ...ing to counsel's declaration, the defendant has been notified of Plaintiff's intent to seek to have the complaint reinstated and does not object. The question is, however, whether the court has the power to grant the relief requested under Code Civ. Proc. § 473 where the court clerk has voided the complaint's filing for failure to make timely payment. In two cases, the California Supreme Court and a court of appeal have found that when the court...
2021.10.20 Petition for Writ of Mandate 499
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ...1. Following the Court's sustaining of Respondent's demurrer for uncertainty, Petitioner filed the operative pleading, which is the FAP. Respondent sufficiently met and conferred with Petitioner regarding the issues in the demurrer and motion to strike as required under Code of Civil Procedure sections 430.41 and 435.5. DEMURRER: Government Code section 31721 (all further statutory references are to the Government Code unless otherwise stated) pr...
2021.10.20 Petition to Publish Notice of Board's Intent to Foreclose 307
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.10.20
Excerpt: ...e CC&Rs: “The Declarant ... and each Owner of a Lot or Condominium, by acceptance of a deed therefore ... is deemed to covenant and agree to pay to the Master Association the following Assessments which are levied by the Master Association against such Owner's Lot or Condominium: . . . shall also be the personal debt of the Owner of such property at the time when the Assessment became due.” Beginning on or about September 15, 2019 Respondent ...
2021.10.19 Motion to Quash Discovery Subpoena 976
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.10.19
Excerpt: ...t be admissible, they appear reasonably calculated to lead to the discovery of admissible evidence. (Code Civ. Proc., § 2017.010.) Plaintiff alleges more than $900,000 in future loss of earnings capacity related to her inability to complete a career as a veterinarian due to the accident. (Declaration of Connor Stinson (“Stinson Decl.”), ¶¶ 6-7.) Plaintiff's education consists of a high school diploma from El Dorado High School, and one sem...
2021.10.19 Motion to Compel Contractual Arbitration and Stay Action 155
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2021.10.19
Excerpt: ...rmines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for the revocation of the agreement.” Toal v. Tardif (2009) 178 Cal.App.4 th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 58 Cal.Rptr.2d 875, 926 P.2d 1061 (Rosenthal), our Supreme Court set forth the p...
2021.10.19 Demurrers 080
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2021.10.19
Excerpt: ...ds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4 th 919, 939, footnote 13.) The court does not consider Exhibit F for the truth of the matters asserted in it. (Sosinsky v. Grant (1992) 6 Cal.App.4 th 1548, 1564-1570.) The court GRANTS Plaintiff's (Paula Gilbert-Bonnaire) Request for Judicial Notice, filed on 7- 6-21 under ROA No. 409, pursuant to Evidence Code section, subdivisions (d) and (h). The court does not consider the dec...
2021.10.19 Demurrer, OSC Re Sanctions and Dismissal 040
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.10.19
Excerpt: ...ter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Lazar v. Super. Ct. (1996) 12 Cal.4th 631, 638; In re Estate of Young (2008) 160 Cal.App.4th 62, 79.) Fraud must be pled specifically; general and conclusory allegations do not suffice. (Alfaro v. Community Housing Imp. System & Planning Ass'n, Inc. (2009) 171 Cal.App.4th 1356, 1384.) This particularity requirement necessitates pleading...

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