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Location: Orange County x
Judge: Slaughter, Fred W. x
2022.03.23 Motion to Reopen Discovery 380
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.03.23
Excerpt: ...ter “Plaintiffs”) are DENIED. Discovery, Generally In Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 402 (“Sinaiko”) (internal quotation marks omitted), the appellate court described the civil discovery process: The Civil Discovery Act provides litigants with the right to broad discovery. In general, any party may obtain discovery regarding any matter, not privileged, that is relevant to ...
2022.03.23 Motion to Compel Deposition 236
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.03.23
Excerpt: ...discovery process: The Civil Discovery Act provides litigants with the right to broad discovery. In general, 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 discovery of admissible evidence. [Citati...
2022.03.23 Motion for Protective Order 579
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.03.23
Excerpt: ...naiko”) (internal quotation marks omitted), the appellate court described the civil discovery process: The Civil Discovery Act provides litigants with the right to broad discovery. In general, 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 ...
2022.03.23 Motion for New Trial 751
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.03.23
Excerpt: ... motion for a new trial finds both its source and its limitations in the statutes (Malkasian v. Irwin (1964) 61 Cal.2d 738, 745), the procedural steps prescribed by law for making and determining such a motion are mandatory and must be strictly followed (citations).” (Mercer v. Perez (1968) 68 Cal.2d 104, 118.) A party intending to move for new trial “shall file with the clerk and serve upon each adverse party a notice of his or her intention...
2022.03.23 Motion for Leave to Intervene 086
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.03.23
Excerpt: ...igation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding.” Subdivision (c) provides that: “The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests.” Intervention is mandatory or permissive. A nonparty has a right under Code of Civil Procedure section 387(b) to intervene in a...
2022.03.23 Motion to Compel Further Responses 625
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.03.23
Excerpt: ...nts (2007) 148 Cal.App.4th 390, 402 (internal quotation marks omitted), the appellate court described the civil discovery process: The Civil Discovery Act provides litigants with the right to broad discovery. In general, 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 ...
2022.03.16 Motion for Summary Judgment, Adjudication 466
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.03.16
Excerpt: ...summary judgment on the following grounds: 1. There is no triable issue of material fact as to the summary judgment sought and the moving parties are entitled to summary judgment as a matter of law pursuant to California Code of Civil Procedure § 437c; 2. The cause of action for Medical Malpractice against defendants fails as a matter of law because plaintiff cannot establish that defendants breached the applicable standard of care as to the car...
2022.03.16 Demurrer, Motion to Strike 997
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.03.16
Excerpt: ...Plaintiffs' Sixth Cause of Action for Fraudulent Inducement – Concealment fails to state facts sufficient to support a cause of action against FCA US and is barred by the economic loss rule. (C.C.P. § 430.10(e).) (ROA 129 at p. 2.) “A demurrer tests the legal sufficiency of factual allegations in a complaint.” (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 fa...
2022.03.09 Motion to Compel Arbitration 830
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.03.09
Excerpt: ...unds for issuance of the order. (Cal. Rules Ct., Rule 3.1110(a).) The court generally cannot grant different relief, or relief on different grounds, than stated in the notice of motion. (See People v. American Sur. Ins. Co., supra, 75 Cal.App.4th at p. 726; Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1124; compare Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277-1278, [holding the court had discretion to rule on grounds not stated in motio...
2022.03.09 Demurrers, Motion to Strike 346
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.03.09
Excerpt: ...AC”). For the following reasons, the Demurrer is OVERRULED. Request for Judicial Notice The Pham Defendants request the court to take judicial notice of the following documents: 1. Preliminary Hearing Transcript from the criminal trial against Stephen Scarpa is attached as Exhibit D. 2. Traffic collision Report related to the incident is attached as Exhibit E. 3. Jury verdict form from Stephen Scarpa criminal trial is attached as Exhibit F[.] 4...
2022.03.09 Demurrer, Motion to Strike 349
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.03.09
Excerpt: ... the First Cause of Action for Fraud (Intentional Misrepresentation/False Promise/Concealment), the Second Cause of Action for Rescission of Written Contracts Pursuant to Civil Code §1689(b), and the Third Cause of Action for Equitable Indemnity as to Safaei. For the following reasons, the Demurrer is SUSTAINED WITH FIFTEEN (15) DAYS LEAVE TO AMEND as to all causes of action (One, Two, Three, and Four) for Red Rock Dental & Wellness, P.C. For th...
2022.03.09 Demurrer 035
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.03.09
Excerpt: ...TAINED IN PART. Request for Judicial Notice Defendants request the court to take judicial notice of the following: 1) Grant Deed for the property located at 24982 Ravenswood Ave., Lake Forest CA, 92630, recorded on or about 11/20/2012 (a true and correct copy is attached hereto as Exhibit 1); 2) Plaintiffs' First Amended Verified Complaint filed on or about 11/22/2021 (a true and correct copy is attached hereto as Exhibit 2); 3) Complaint, filed ...
2022.02.23 Motion for Attorney Fees 399
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.23
Excerpt: ...Khechoom Decl. ¶ 2, Ex. A.) The Residential Listing Agreement contains the following provisions: 15. ATTORNEY FEES: In any action, proceeding or arbitration between Seller and Broker to enforce the compensation provisions of this Agreement, the prevailing Seller or Broker shall be entitled to reasonable attorney fees and costs from the non-prevailing Seller or Broker, except as provided in paragraph 19A. 19. DISPUTE RESOLUTION: A. MEDIATION: Sel...
2022.02.23 Demurrer, Motion to Strike 066
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.23
Excerpt: ...a Rule of Court 3.1320 requires: “[e]ach ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint . . . or to specified causes of action or defenses.” (Cal. R. Ct., Rule 3.1320). “A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint . . . are taken. Unless it does so, it may be disregarded.” (Code Civ. Proc. § 430.60.) In this case, the court...
2022.02.23 Motion to Strike or Tax Costs 355
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.23
Excerpt: ...ty is entitled as a matter of right to recover certain costs. (Civ. Proc. Code § 1032(b).) If the items on a verified memorandum of costs appear to be proper charges, the memorandum is prima facie evidence of their propriety and the burden is on the party contesting them to show that they were not reasonable or necessary. (Foothill-De Anza Comm. College Dist. v. Emerich (2007) 158 Cal.App.4th 11, 29; Wagner Farms, Inc. v. Modesto Irrigation Dist...
2022.02.23 Motion to Compel Answers 671
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.23
Excerpt: ...sons, the motion to compel Defendants to provide supplemental responses without objections to the Special Interrogatories (the “Motion”) is GRANTED IN PART and DENIED IN PART. Discovery, Generally In Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 402 (internal quotation marks omitted), the appellate court described the civil discovery process: The Civil Discovery Act provides litigants with t...
2022.02.23 Motion to Strike Complaint, Demurrer to Amended Complaint 889
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.23
Excerpt: ... (See Cal. Rule Ct., Rule 3.1300 [stating “[n]o paper may be rejected for filing on the ground that it was untimely submitted for filing” and “[i]f the court, in its discretion, refuses to consider a late filed paper, the minutes or order must so indicate”] “A demurrer tests the legal sufficiency of factual allegations in a complaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) In ruling on a demurrer, a court must accep...
2022.02.16 Motion to Strike or Tax Costs 833
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.16
Excerpt: ...electronic filing or services. For the following reasons, Plaintiff's motion is DENIED. On April 7, 2021, this matter came on for trial. (See ROA 594.) The jury deliberated, found that Defendant was not negligent in the maintenance of the subject property, and issued a verdict in favor of Defendant. (See ROA 658, 660.) Judgment was entered on May 19, 2021. (ROA 675.) Notice of Entry of Judgment was served on Plaintiffs' counsel via electronic mai...
2022.02.16 Motion for Summary Judgment, Adjudication 635
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.16
Excerpt: ... Contractors (“JJS”), and John Schroeder (“Schroeder”). For the following reasons, Accent's motion for summary judgment against Plaintiff Larson and Plaintiff Zenith (the “Motion for Summary Judgment”) is DENIED. For the following reasons, Accent's motion for summary adjudication against Saddleback, JJS, and Schroeder is DENIED. Accent moves for the following orders: 1. An order granting Accent summary judgment on the complaints filed...
2022.02.16 Motion for Leave to File Amended Complaint, to Expunge Lis Pendens, to Quash Discovery Subpoena 246
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.16
Excerpt: ...lowing reasons, Plaintiff's unopposed motion is GRANTED. Civil Procedure Code Section 473(a)(1) provides that “[t]he court may . . . in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .” “[T]he court's discretion will usually be exercised liberally to permit amendment of the pleadings.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 [citations om...
2022.02.16 Demurrer 089
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.16
Excerpt: ...ation of Labor Code Section 1102.5 – Defect or misjoinder of parties. Cal. Code of Civ. Proc. (“CCP”) § 430.10(d). Uncertain. CCP §430.10(f). - Second Cause of Action for Retaliation in Violation of Labor Code Section 6310 – Defect or misjoinder of parties. CCP § 430.10(d). Uncertain. CCP § 430.10(f). - Third Cause of Action for Wrongful Termination – Defect or misjoinder of parties. CCP § 430.10(d). Uncertain. CCP § 430.10(f). - ...
2022.02.09 Motion to Deem Costs after Appeal 970
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.09
Excerpt: ...d L. Henry against Defendants CATS Communication and Russ McCullough for a temporary restraining order, injunction, breach contract and fiduciary duties, and fraud, in relation to a corporate stock purchase and lending dispute. (ROA 2. [Complaint].) On April 1, 2009, Plaintiff amended the Complaint to name Doe 7 as Joseph Dawson. (ROA 174 [Amendment to Complaint].) Judgment was entered in favor of Dawson on May 10, 2010, when a demurrer was susta...
2022.02.09 Motion to Compel Answers 682
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.09
Excerpt: ...s, the unopposed Motions are GRANTED. Discovery and Sanctions, Generally In Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 402 (“Sinaiko”) (internal quotation marks omitted), the appellate court described the civil discovery process: The Civil Discovery Act provides litigants with the right to broad discovery. In general, any party may obtain discovery regarding any matter, not privileged, th...
2022.02.09 Motion for Summary Judgment, Adjudication 678
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.09
Excerpt: ...judgment/adjudication motions sought by plaintiffs: [W]here the plaintiff has also moved for summary judgment—or, as in this case, summary adjudication—that party has the burden of showing there is no defense to a cause of action. [Citation.] That burden can be met if the plaintiff has proved each element of the cause of action entitling the party to judgment on that cause of action. [Citation.] If the plaintiff meets this burden, it is up to...
2022.02.09 Motion for SLAPP 587
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2022.02.09
Excerpt: ...ave of court. (See Cal. Rules Ct., Rule 3.1113(d) [stating “[e]xcept in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages”]; see also (Cal. Rule Ct., Rule 3.1113(e) [stating “[a] party may apply to the court ex parte but with written notice of the application to the other parties, at least 24 hours before the memorandum is due, for permission to file a longer memorandum”].) The cour...

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