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15371 Results

Location: Orange County x
2024.03.20 Demurrer (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.20
Excerpt: ...tions in the pleading o r the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 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 demu rrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from ...
2024.03.20 Demurrer
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.03.20
Excerpt: ...nswer. (ROA Nos. 3233; see ROA No. 23.) Code of C ivil Procedure section 472 provides: “Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, ….” In Barton v. Khan (2007) 157 Cal.App.4th 1216, a shareholder who was a former emplo...
2024.03.20 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.03.20
Excerpt: ...intiff. (See Bily v. Arthur Young & Co. (1992) 3 Cal.4th 370, 397 [Biakanja factors], 406 [auditor's liability “is confined to the client”]; Richard B. LeVine, Inc. v. Higashi (2005) 131 Cal.App.4th 566, 580- 586 [accountant to partnership owed no professional duties to individual partners ].) Plaintiff asserts Welch is liable for aiding and abetting the other defendants' breaches of fiduciary duty, not for breaching any fiduciary duty of ...
2024.03.19 Demurrer, Motion to Strike Punitive Damages 650
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.19
Excerpt: ...cts sufficient to constitute a cause of action and uncertainty. Initially, the op posing points and authorities is over the 15- page limit under California Rules of Court, rule 3.1113(d). The Court disregards the last three pages (pages 21 -23). (California Rules of Court, rule 3.1300(d).) First Cause of Action for Disability Discriminati on in Violation of the FEHA A prima facie case of disability discrimination requires a plaintiff to show that...
2024.03.19 Demurrer 807
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.19
Excerpt: ...et seq., (6) quiet title, and (7) injunctive relief. I. All filings were untimely. As an initial matter, the Demurrer, Opposition, and Reply were all untimely. First, the First Amended Complaint was served by email on November 8, 2022. Thus, the declaration for the automatic 30 -day extension was due December 8, 2022. Defendant did not file its declaration for an extension until a month later on January 8, 2023. This was untimely. Since the dea...
2024.03.19 Demurrer, Motion to Strike 655
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.19
Excerpt: ...ly noticed. ( Javor v. State Board of Equalization (1974) 12 Cal.3d 790, 796 [117 Cal.Rptr. 305, 527 P.2d 1153]; Code Civ. Proc., §§ 430.30, 430.70.) “Accordingly, a complaint otherwise good on its face is subject to demurrer when facts judicially noticed render it defective.” ( Iram Enterprises v. Veditz (1981) 12 6 Cal.App.3d 603, 608 [179 Cal.Rptr. 1].) Taking judicial notice of a document is not the same as accepting the truth of its co...
2024.03.19 Motion for Attorney Fees 946
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.19
Excerpt: ... be awarded reasonable attorney's fees and costs.” “This language has been interpret ed to allow recovery of not only litigation costs, but also reasonable attorney fees and costs expended in prelitigation alternative dispute resolution (ADR) pursuant to the Davis -Stirling Act. [Citation.]” (Rancho Mirage Country Club Homeowners Assn. v. H azelbaker (2016) 2 Cal.App.5th 252, 258.) A homeowner association's complaint seeking relief in the f...
2024.03.19 Motion for Summary Judgment, Adjudication 797
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.19
Excerpt: ...#39;s breach, and (4) the resulting damages to the plaintiff.” (D'Arrigo Bros. of Calif ornia v. United Farmworkers of America (2014) 224 Cal.App.4th 790, 800.) As to the First Cause of Action, Plaintiff has demonstrated (1) the existence of the Loan Agreement with Media Graphix, (2) Plaintiff's performance, (3) Media Graphix breach of the L oan Agreement, and (4) resulting damages in the amount of $364,874.72. (Undisputed Facts 1, 5, 6, 10...
2024.03.19 Motion to Compel Physical and Mental Exam 824
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.19
Excerpt: ...urt if good cause is shown. (See Shapira v. Superior Court (1990) 224 Cal.App .3d 12491256.) Plaintiff objects to the examination because Plaintiff has already agreed to an examination by Defendant's orthopedic expert on 3/27/24 and a remote mental examination on 3/18/24. Plaintiff also contends the examination must be conducted within 75 miles of Plaintiff's residence, which is in North Carolina. Defendant has shown good cause for its scar revis...
2024.03.19 Motion to Dismiss 381
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.19
Excerpt: ...an be raised at any time (even for the first time on appeal). It can be raised: — by demurrer to the complain t where the defect appears on the face of the complaint or from matters judicially noticeable (CCP § 430.10(a)); — by motion to strike (CCP §§ 435, 437); — by motion for judgment on the pleadings (CCP § 438); — by motion for summary judgment (CCP § 437c); or — as an affirmative defense in the answer. [Greener v. Workers...
2024.03.19 Motion to Quash Service of Summons 711
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2024.03.19
Excerpt: ...business in California, nor ever had any offices in California, it has no employees in California, it has no customers outside of Florida, and it does not advertise outside of Florida. Defendant's request for judicial notice as to Exhibit B (Plaintiff's Complaint) is GRANTED. (Evid. Code, § 452(d).) The request as to Exhibit C i s DENIED, as the material is not relevant to a resolution of the issues raised in this Motion. (State Compensation Ins...
2024.03.19 Motion to Set Aside or Vacate Default, Judgment 815
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.19
Excerpt: ...accept service if the process server identifies himself, tells the person they are being served, and leaves the papers as close as possible to the person. (Trujillo v. Trujillo (1945) 71 CA2d 257, 260.) Here, Tuttle announced that he was serving Defendant and left the papers on Defendant's front doorstep. Thus, Tuttle's service complied with the statutory requirements. The Court CONTINUES the Motion to allow Defendant an opportunity to submit ev...
2024.03.18 Motion to Compel Physical, Mental Exam, to Strike or Seal, for Sanctions 089
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.18
Excerpt: ... treat a motion by the nature of the relief sought rather than the title given. (See Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193.) In addition, when the Court continued the trial date on 1/17/24, it stated in its order, “[t]he Court does NOT extend any discovery or motion deadlines other than deadlines associated with the motion to compel independent medical examination.” (ROA 400.) Based on this, Plaintiff's argume...
2024.03.18 Motion for Monetary Sanctions
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.03.18
Excerpt: ...n 1: Sanctions Motion by Defenda nts Defendants' request for sanctions under Code of Civil Procedure section 128.7 is DENIED because Defendants failed to comply with the safe harbor requirements. Section 128.7, subdivision (c)(1) requires notice of motion to be served as provided in Sect ion 1010, but shall not be filed or presented to the court unless, within 21 days after service of the motion the challenged paper is not withdrawn. Section 101...
2024.03.18 Motion for Summary Adjudication
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.03.18
Excerpt: ... third causes of action in the F AC. For the reasons set forth below, both motions are DENIED. Because the motions and oppositions raise essentially the same arguments, involve very similar evidence, and are directed to the same pleading, the court will discuss both motions together. Th e 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 fa...
2024.03.18 Motion for Summary Judgment, Adjudication 000
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.18
Excerpt: ... and 14- 16. With respect to the evidentiary objection numbers 2- 3, 5, 6, 7, 11-12, and 14- 16, Defendant Newport Mesa Unified School District did not quote the portions of the evidence to which it was objects but did provide a brief description of what it found to be objectionable. (See Cal. Rules of Ct., rule 3.1354(b).) Based on the limited des cription, the court sustains these objections only to the extent that they seek to challenge evide...
2024.03.18 Motion to Compel Arbitration 379
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.18
Excerpt: ...th Edon who is a “Manager, HR Operations” for ELEVANCE “(f/k/ a Anthem, Inc.)” who attests as follows: --In her role as Manager, HR Operations, she is responsible for managing technology processes for all new hire activities from the verbal and written offer through their start date; --Throughout he employment and i ncluding 2022 to the present, ELEVANCE has utilized an online applicant tracking system called “Taleo” to facilitate emp...
2024.03.18 Motions to Compel Discovery 453
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.18
Excerpt: ...nses to Defendant ClearChoice Management Services, LLC's Form Interrogatories —Employment, Set One, without objections and within 30 days of service of the notice of ruling. Plaintiff Susanne Feusi is ORDERED to serve full, complete, and verified responses to Defendant ClearChoice Management Services, LLC's Special Interrogatories, Set One, without objections and within 30 days of service of the notice of ruling. Plaintiff Susanne Feusi is ORD...
2024.03.18 Motion to Compel Production 893
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.18
Excerpt: ...mjula”) and non -party Tulsan Partners LLC (“Tulsan”), and compelling third- party witness, Ump qua Bank to comply with Strategic's deposition subpoena for production of business records, issued November 3, 2023. The Motion to Compel is DENIED except as to Request Nos. 9 and 13. Plaintiff Strategic and Cross -Defendants, Farshad Hashemi aka Sean Hashemi and Jeanette Hashemi (collectively, the “Sellers”) were the sellers of the assets an...
2024.03.18 Motion to Compel Responses, for Sanctions 253
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.18
Excerpt: ... by Plaintiff Yenely Lopez are MOOT in part and GRANTED in part. (1) Plai ntiff seeks an order from the Court compelling Defendant Home Express Delivery Service, LLC to provide further responses to Form Interrogatories -General, Set One. Additionally, Plaintiff seeks monetary sanctions against Defendant and its attorneys of reco rd, Shannon Finley, esq., Greg Feldman, Esq. and PETTIT KOHN jointly and severally in the sum of $2,060.00. (ROA No. 47...
2024.03.18 Motion to Consolidate 393
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.18
Excerpt: ...022- 01291747). The court clerk is ORDERED to file this ruling in each of the above cases. Defendant, Cross -Complainant, and CrossDefendant Jennifer Landsman (Defendant Landsman) moves to consolidate the following cases: 1) Rangel v. Landsman (Case Number 30 - 2022- 01252534); 2) State Farm Mutual Automobile Insurance Company v. Landsman (Case Number 30-2022- 01259393); and 3) Nielsen v. Landsman (Case Number 302022- 01291747). Standard to Cons...
2024.03.18 Motion to Consolidate 534
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.18
Excerpt: ...D to file this ruling in each of the above cases. Defendant, Cross -Complainant, and CrossDefendant Jennifer Landsman (Defendant Landsman) moves to consolidate the following cases: 1) Rangel v. Landsman (Case Number 30 - 2022- 01252534); 2) State Farm Mutual Automobile Insurance Company v. Landsman (Case Number 30-2022- 01259393); and 3) Nielsen v. Landsman (Case Number 302022- 01291747). Standard to Consolidate “When actions involving a commo...
2024.03.18 Motion to Quash 056
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.03.18
Excerpt: ... records. (See Evid. Code, § 452, subd. (d).) Attorney Tony Wong of Wong & Associates Lawyers are ORDERED to produce to Plaintiff Wei He, Plaintiff Xizoning Ren, Plaintiff Yueli Zhao, and Defendant Qiaoyun Zhang any retainer agreement(s) between himself and/or Wong & Associates, on the one hand, a nd Plaintiff Wei He, Plaintiff Xizoning Ren, Plaintiff Yueli Zhao, Defendant Qiaoyun Zhang, Neede Education Investment Management, Inc., and/or Irvine...
2024.03.18 Motion to Set Aside Dismissal 963
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.18
Excerpt: ...istake, inadvertence, surprise, or excusable neglect. Application for this r elief…shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken…Notwithstanding any other requirements of this section, the 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 swor...
2024.03.18 Demurrer, Motion to Strike 992
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.18
Excerpt: ...a. 42 and Para. 3 of the Prayer. I. DEMURRER 1st cause of action: Gender/Pregnancy Dis crimination (vs. EWL) A prima facie case for a discrimination requires a showing by the plaintiff of the following elements: (1) that he or she was a member of a protected class; (2) that he or she was qualified for the position he or she sought or that he or she was performing competently in the position he or she held; (3) that he or she suffered an adverse ...

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