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16517 Results

Location: Orange County x
2024.07.15 Special Motion to Strike 401
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.07.15
Excerpt: ...y Decl.) SUSTAINED, in part: No. 1 only at to “It was my impression that the purpose of the meeting was to discuss the purchase of the Waterpark by the City.”; SUSTAINED: 2 -4; OVERRULED: 5, 6 The Court rules as follows to Cross -Complainants' Objections to Evidence in Support of Reply, filed under ROA No. 308: Objections to Coleman Declaration The Court notes that no such declaration accompanied either the reply or moving papers. However, t...
2024.07.15 Demurrer to Amended Complaint 903
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.07.15
Excerpt: ...rly pled, b ut also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. Unruh -Haxton v. Regents of University of C alifornia (2008) 162 Cal. App. 4th 343, 364 –365 provides that “[o]n a demurrer a court's function is limited to testing the legal sufficiency of the complaint. [Citation...
2024.07.15 Demurrer 410
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.07.15
Excerpt: ...rer' is . . . universally applied to a demurrer raising the fundamental ground: ‘The pleading does not state facts sufficient to constitute a cause of action.' (C.C.P.430.10(e).)” McKenney v. Purepac Pharm. Co. (2008) 167 Cal.App.4th 72, 77. Defendants' demurrer is ba sed on failure to state facts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Therefore, Defendants' notice of a ...
2024.07.15 Motion to Compel Arbitration 014
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.07.15
Excerpt: .... v. Jackso n, 561 U.S. 63 (2010) “We have recognized that parties can agree to arbitrate “gateway” questions of “arbitrability,” such as whether the parties have agreed to arbitrate or whether their agreement covers a particular controversy.” Rent -A -Center, West, I d. at 68–69; Trinity v. Life Insurance Co. of North America (2022) 78 Cal.App.5th 1111, 1122. These cases also state parties may agree to have an arbitrator decide not...
2024.07.12 Motion for Protective Order 451
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.07.12
Excerpt: ... in the l itigation not to disclose an alleged trade secret without prior court approval.” (Civ. Code, § 3426.5.) “ ‘Parties to civil litigation, recognizing the broad policies favoring discovery, often choose to avoid costly and time -consuming motion practice by entering into stipulations for protective orders that permit production but limit disclosure and use of discovered information deemed by the producing party to contain confident...
2024.07.12 Applications for Right to Attach Orders and Issuance of Writs of Attachment 664
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.07.12
Excerpt: .... . based upon a co ntract, express or implied;” (2) of a “fixed or readily ascertainable amount not less than $500;” (3) that is either unsecured or secured by personal property; and (4) that is a “commercial claim”. (Code Civ. Proc., § 483.010.) Specific to individuals, a ttachment may issue only where the claim against the individual arising out his or her conduct of a trade, business, or profession. (Code Civ. Proc., § 483.010, ...
2024.07.12 Demurrer 014
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.07.12
Excerpt: ...rformance, (3) defendant 's breach, and (4) the resulting damages to plaintiff.” (Coles v. Glaser (2016) 2 Cal.App.5th 384, 391.) A written contract may be pleaded either by its terms set out verbatim in the complaint, or a copy of the contract attached to the complaint and inco rporated therein by reference, or by its legal effect. (Miles v. Deutsche Bank National Trust Company (2015) 236 Cal.App.4th 394, 401 -402.) A party may object by demur...
2024.07.12 Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.07.12
Excerpt: ...s v. Grant (1972) 8 Cal.3d 229, 239.) Where the alleged battery occurs after the plaintiff give some limited or conditional consent, the plaintiff must show the physician's “deliberate intent to deviate from the consent given.” (Id. at 240.) The seminal case distinguishi ng medical battery from negligence is Cobbs v. Grant (1972) 8 Cal.3d 229. The California Supreme Court in Cobbs held that a failure to obtain informed consent, as opposed to ...
2024.07.12 Motion for Attorney Fees 037
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.07.12
Excerpt: ...ings this Court is sued in a previous matter, Morales v. Bridgestone Retail Operations. He seeks notice of these unpublished trial court rulings for their perceived persuasive value. This request is DENIED. “Even assuming for the sake of argument that [this case] involves the same issue as the case before [the Court] . . . a written trial court ruling has no precedential value.” (Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4...
2024.07.12 Motion for Attorney Fees 402
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.07.12
Excerpt: ...s, LLC, and KFLM, LLC 's Motion for an Award of Attorneys' Fees and Costs Pursuant to Cal. Civil Code §1717 is denied. The Sovereign Defendants seek an attorneys' fees award on the ground that they were the prevailing parties in this action and thus are entitled to attorneys' fees based on provisions in the Tenants in Common Agreements and Property Management Agreements for the Congress Center, Western Place and Sutter Square properties entered ...
2024.07.12 Motion for Limited Lift of Stay, to Substitute Plaintiff 353
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.07.12
Excerpt: ...sed amended comp laint attached as Exhibit 2 to the Reply Bylsma Declaration. At the hearing, the parties should be prepared to discuss the effect of this substitution on the stay (e.g., whether Washington is also subject to an arbitration agreement that would require stay ing this matter while her individual PAGA claim is litigated). Defendants' request for judicial notice is GRANTED. GROUNDS FOR RULING Combs passed away on August 26, 2022. Shor...
2024.07.12 Motion for Summary Judgment, Adjudication 722
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.07.12
Excerpt: ...endants' pr ovision of professional services, and that the one -year statute of limitations under CCP §340.6(a) applies to all those causes of action. This lawsuit was filed on December 27, 2019. Thus, if the one -year statute of limitations applies and the Peck Plain tiffs discovered, or reasonably should have discovered, the facts of defendants' alleged wrongful conduct before December 27, 2018, the Peck plaintiffs' claims are time- barred. H...
2024.07.12 Motion to Compel Deposition 109
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.07.12
Excerpt: ...gularity unless that party p romptly serves a written objection specifying that error or irregularity at least three calendar days prior to the date for which the deposition is scheduled, on the party seeking to take the deposition and any other attorney or party on whom the depositio n notice was served.” “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party . . . , w...
2024.07.12 Motion to Compel Further Responses 409
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.07.12
Excerpt: ...rth below. At the he aring, the parties should be prepared to discuss how the costs for the Belaire -West notice will be handled. I. Factual Background This case is the consolidation of two matters, Gates and Escobar. (For procedural reasons, this case is captioned Gates even though Dameco Gates is no longer party to the case. Suri Figueroa is the sole remaining plaintiff from the pre -consolidation Gates matter.) Prior to consolidation, the plai...
2024.07.12 Motion to Compel Further Responses 543
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.07.12
Excerpt: ...is wholly objectionabl e, the party may object to only the part of the request that is objectionable but must answer the remainder. (Code Civ. Proc., § 2033.230, subd. (a).) In request no. 22, Plaintiff asked Defendant to admit that it “sent $150,000 to Ocean Glory Investment L LC on behalf of Harvest Properties Investment LLC.” Defendant responded with objections only, and did not provide a substantive response. Defendant's objections did n...
2024.07.12 Motion to Compel Further Responses, for Monetary Sanctions 925
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.07.12
Excerpt: ...on April 18, 2024. Defendan t Adore has responded to the FAC by filing a demurrer to all causes of action alleged against Adore in the FAC. Since Defendant Adore has not answered the FAC, no affirmative defenses have been asserted. Therefore, the issues raised regarding Form Interrog atory No. 15.1 are moot. Plaintiff to give notice. Plaintiff's Motion to Compel Defendant Tiffany Thi Nguyen to Provide Further Responses to Second Set of Form Inte...
2024.07.12 Motion to Compel Jurisdictional Discovery
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.07.12
Excerpt: ...uode's consent t o California jurisdiction “onto its fellow agent/alter ego cross- defendants.” (Reply at p. 5.) Neither the parties nor the court have found any case imputing jurisdictional consent like that. We must look for guidance elsewhere. We start with the nature of jurisdictional consent. Consent is an independent basis for exercising personal jurisdiction. It is distinct from either general jurisdiction or specific jurisdiction. (S...
2024.07.12 Special Motion to Strike, Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.07.12
Excerpt: ...th a public iss ue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” (Code Civ. Proc., § 425.16(b)(1); Olson v. Doe (2022) 12 Cal.5th 669, 678) “‘Initially, the moving defendant bears the burden of establishing that the challenged allegations or claims “aris[e] from' protected activity in which the defen...
2024.07.11 Petition to Confirm Arbitration Award 038
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.07.11
Excerpt: ...024, the Court co ntinued the hearing on this motion to allow further briefing. (5/16/2024 Minute Order.) The Court's Minute Order expressly stated “Only supplemental briefs and response to be filed.” (Id.) The Court declines to consider the new evidence submitted without leave of Court. Accordingly, Respondent's objections to Bolstad's 6/27/2024 declaration are moot. Objection numbers 1 -3, 7, 10, 17, 19, 21, 34, and 36 to Sydor 's declara...
2024.07.11 OSC Re Contempt, OSC Re Monetary Sanctions, Demurrer 116
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.07.11
Excerpt: ...3, 2024 2. Court Trial – August 13, 2024 FACTS/OVERVIEW: This is a trade secret misappropriation case. In the operative Fourth Amended Complaint, filed November 14, 2017 (ROA 791), Plaintiff Prolacta Bioscience, Inc. (“Plaintiff”) asserts the following nine causes o f action: (1) Conversion; (2) Interference with Prospective Economic Advantage; (3) Unfair Competition; (4) Breach of Fiduciary Duty; (5) Breach of Non- Disclosure Agreement; (...
2024.07.11 Motion to Vacate Default 983
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.07.11
Excerpt: ...intiff never received word from Moving Defendants about stipulating to set aside the default. Plaintiff also contends that the motion was not brought within a reasonable time, not to exceed six months, after entry of default, and that the motion should be denied on the f ollowing grounds: (1) Moving Defendant failed to make a sufficient showing of reasonable and/or justifiable mistake, inadvertence, surprise, or excusable neglect for discretiona...
2024.07.11 Motion to Tax or Strike Costs 176
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.07.11
Excerpt: ...6, Bender v. County of Los Angeles (2013) 217 Cal.App.4th 968, 989, Page 3 of 94 and Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1266 [mere statements in MPAs and declaration of counsel insufficient to rebut prima facie showing].) However, if items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. (Ladas v. California State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774.) Costs reco...
2024.07.11 Motion to Strike 691
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.07.11
Excerpt: ...orney's fees or punitive damages in the 4AC. With regard to punitive damages, Civil Code §3294(a) states in part that punitive damages are recoverable only where the defendant has acted with “oppression, fraud, or malice,” and only in “an action for breach of an obligation not arising from contract.” Neither of these requirements are present in the 4AC and plaintiff's supplemental opposition does not oppose the motion to strike punitive ...
2024.07.11 Motion to Set Aside, Vacate Dismissal 293
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.07.11
Excerpt: ...s attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 9.53.1a.) Legal Standard The court is empowered to enter judgment where parties to pending litigation stipulate to a settlement either: — orally before the court; or — in a writing signed by the parties or their counsel outside court. [CCP § 664.6(a), (b) (amended eff. 1/1/21) The parties need not agree in the same manne...
2024.07.11 Motion to Quash 355
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.07.11
Excerpt: ...rties, t he Court rules as follows. Petitioners state that on 12/27/11, they made a payment of $145,459.69 to the Court per an interpleader action. The Court finds that this payment, as Respondent argues, was actually made on 1/4/12, resulting in a difference of $4,105.62 in interest. (ROA 239, Ex. 8.) The parties' briefing also differs on when the $102,061.77 payment was made to the IRS. Petitioners indicated it was 12/30/11; Respondent indica...

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