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Location: Orange County x
Judge: Howard, Theodore R x
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...
2024.03.28 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 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 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...
2024.03.21 Motion to Compel Further Responses 390
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.21
Excerpt: ...5, 162, 164, and 238 -239). The court GRANTS the motions pursuant to CCP §§ 2031.280, 2031.300, a nd 2031.320. The court first notes that none of the documents that were produced in response to the RFP were produced to the court for its review. Based upon the arguments however, it appears that some redacted documents were produced in the responses. Defendants state that many of the redacted documents were not responsive to the requests, nor to...
2024.03.21 Motion to Allow Limited Discovery, for Relief from Stay on Discovery 745
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.21
Excerpt: ... of Civil Procedure section 425.16(g) provides: “All discovery proceedings in the action sh all be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that s pecified discovery be conducted notwithstanding this subdivision.” “If the plaintiff makes a ...
2024.03.21 Demurrer to FAC 970
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.21
Excerpt: ... set for this day and Plaintiff has not sought ex parte relie f to continue Defendants' Demurrer and/or Motion to Strike portions of FAC. The court declines to continue the hearing on the Demurrer and Motion to Strike set for this day. The unopposed Request for Judicial Notice is granted. “The court may take judicia l notice of the filing and contents of a government claim, but not the truth of the claim.” (Gong v. City of Rosemead (2014) 22...
2024.03.21 Demurrer 942
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.21
Excerpt: ...s Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other i tems subject to judicial notice, or items attached as exhibits to the complaint, 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 Cal.Ap p.4th 1746, 1749.) “In our examination of the complaint we are guided by the well settled principles governing the testing o...
2024.03.14 Motions To Compel Further Responses 683
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.14
Excerpt: ...“RFP”) is GRANTED in part and DENIED in part. On 01/25/24, the court continued the h earing on these motions and ordered Defendants to produce an updated privilege log that complied with the requirements laid out in Catalina Island Yacht Club v. Superior Ct. (2015) 242 Cal. App. 4th 1116 (“Catalina”). (ROA #131.) The court first notes De fendants did not produce a timely privilege log that permitted Plaintiff to review prior to the deadl...
2024.03.14 Motion for Sanctions 888
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.14
Excerpt: ...inst cross -defendants Joel Farkas (“Farkas” indivi dually), Gateway American Resources, LLC, Kings Co. LLC, Latitude Accounting LLC (“CD” all together), and their attorneys Todd C. Theodora, Esq., Christopher J. Harney, Esq., Adrian L. Canzoneri, Esq. and Theodora Oringher PC. This matter involved a perso nal dispute between an Farkas and his former love interest (Smith). The pair did not split amicably and Farkas accused Smith of using ...
2024.03.07 Demurrer 621
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.07
Excerpt: ...alment” against Ford, based on alleged defects in his vehicle, but asserts only economic losses. Under the economic loss rule (the “ELR”), where a purchaser's expectations in a sale are frustrated because the product is not working properly, the remedy is in contract alone, for he has suffered only economic losses. (Robinson Hel icopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) Claims for monetary losses between contractual p...
2024.03.07 Demurrer 586
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.07
Excerpt: ...nt Inducement – Concealment” against Ford, based on alleged defects in their vehicle, but asserts only economic losses. Under the economic loss rule (the “ELR”), where a purchaser's expectations in a sale are frustrated because the product is not working properly, the remedy is in contract alone, for he has suffered only economic losses. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) Claims for monetary loss...
2024.03.07 Demurrer, Motion to Strike 297
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.07
Excerpt: ....) When considering demurrers, courts read the allegations lib erally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720 -21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) As such, the court assumes the truth of the complaints properly pleaded or implied factual alleg...
2024.03.07 Demurrer, Motion to Strike 183
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.07
Excerpt: ...in. DEMURRER TO FAC A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2 d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. M...
2024.03.07 Motion to Compel Further Responses 244
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.03.07
Excerpt: ...Procedure section 2030.300, subdivision (c). On Septemb er 29, 2023, Defense Counsel emailed as follows: “Let's do October 31 as the deadlines for both parties to move to compel on all discovery to date served on each other (unless the current deadline is later than that, in which case the later deadline contro l s ) …” (¶9 of Watson Declaration and Exhibit 5 thereto; See also ¶7 of Rutten Declaration and Exhibit H thereto [ROA No. 101 at...
2024.02.29 Motion to Quash Subpoenas 569
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.29
Excerpt: ...hysical and mental condition. (ROA 491, Exs. 1 -4.) Riemann here asserts that because Plaintiff had obtained trial continuances and a temporary stay on certain discovery based on neurosurgeries performed in 2022 and her subsequent recuperation requirements, these subpoenas were justified and appropriate. However, the records sought are plainly confidential records subject to substantial privacy protections. Where privacy rights are at issue in ...
2024.02.29 Motion to Compel Further Responses 491
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.29
Excerpt: ... to Civ. Proc. Code § 2031.310. As to relevance of d ocuments, “[u]nless otherwise limited by order of the court in accordance with this title, 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 determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the dis...
2024.02.29 Motion for Summary Judgment 337
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.29
Excerpt: ...an employee (or independent contractor) thereof, who was injured in the course of the work, the burden then shifts to plaintiff to produce evidence raising a triable issue of fact as to application of a Privette exception. It is undisputed that Plaintiff was hired by Defendant to perform housekeep ing work at the subject property and that Plaintiff was a self- employed independent contractor (UMF 3, 7). In the course of completing that work, Plai...
2024.02.29 Motion for Reconsideration 458
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.29
Excerpt: ... defendants filed the instant motion for reconsider ation which is largely the same as the papers filed on 10/18/23. Defective Service of Motion The Proof of Service attached to the motion fails to comply with CCP § 1013b. The proof of service for the motion does not list the electronic service address of the person making the electronic service. Instead, only the business physical address and not the email or electronic service address is pro...
2024.02.29 Motion for Attorney Fees 775
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.29
Excerpt: ...l be withheld or augmented as provided in this section…[¶] (c)(1) If an off er made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff shall not recover his or her postoffer costs and shall pay the defendant's costs from the time of the offer…(2)(A) In determining whe ther the plaintiff obtains a more favorable judgment, the court or arbitrator shall exclude the post offer c...
2024.02.22 Motion to Compel Further Responses 109
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.22
Excerpt: ...e, or evasive; (3) An objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) The moving party must “set forth specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310(b)(1).) “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact -specific showing...
2024.02.22 Motion to Compel Deposition of PMQs 422
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.22
Excerpt: ...for RFP Nos. 9 -13, 27, 30 -35, and 39 -40. The reply does not meanin gfully attempt to argue contra. The Court has thus ruled here on those categories and RFPs only. For the PMQ categories, the Motion is GRANTED IN PART for Category Nos. 9 and 10, as to GM's warranty policy/procedure manuals or claim handling manuals for the period between Plaintiff's date of purchase and the date of suit, only, and for Category No. 22, also as to the reason or ...
2024.02.22 Demurrer 446
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.22
Excerpt: ...chool Dist., (2003) 112 Cal.App.4th 904, 909 [“John R. m akes it clear that a teacher's sexual abuse of a child is not an act for which a school district may be held responsible.”].) Plaintiff makes no argument in the Opposition that the District can be vicariously liable for the conduct of Mills in sexually abu sing Plaintiff. However, as both parties recognize, the District can be vicariously liable for the negligent conduct of its empl...
2024.02.22 Demurrer 297
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.22
Excerpt: ...ike the general demurrer to a complaint, the inquiry is not into the statement of a cause of action but whether the answer raises a defense to the plaintiff's stated cause of action. (Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal.App.3d 873, 879 -880.) Plaintiffs demur to the 15th Affirma tive Defense on the grounds that CCP §340.5 is listed among several statutes of limitation and that it does not apply because it pertain...

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