Excerpt: ...e to Requests for Production of Documents (Set Three) is GRANTED. Defendant Capital Managers, LLC is ORDERED to serve full, complete, and verified responses and responsive documents to Cardflex Inc.'s Requests for Production to Capital Managers, LLC, Set 3, without ob jections, within 10 days of this ruling. Defendant Eventus Holdings, LLC is ORDERED to serve full, complete, and verified responses and responsive documents to Requests for Produ...

Excerpt: ... Deputy Mica h Sulham, Deputy Adam Copeland, Deputy Frank Deleo, Deputy Susan Orellana and Deputy Mark Odom. Service of Process and Opposition Plaintiff served the instant motion on Defendants' Counsel to four electronic mail addresses, all with domain name “ccmslaw. com.” Specifically, Plaintiff served the motion on “[email protected]”, “[email protected]”, “[email protected]”, and “[email protected]”. However, Defenda...

Excerpt: ...e of the no tice of ruling. Plaintiff Keisha Lee seeks an award of attorney's fees in the amount of $19,249 and costs in the amount of $1,425.54 from Defendant Jaguar Land Rover North America, LLC and Defendant Jaguar Land Rover Newport Beach pursuant to the SongBeve rly Consumer Warranty Act. Basis for Award of Attorney's Fees The Song -Beverly Consumer Warranty Act (SongBeverly Act), Civil Code section 1790 et seq., states that “[i]f the buye...

Excerpt: ...-42, 55 -56 is GRANTED in part and DENIED in part. Defendant General Motors, LLC is ORDERED to serve full, complete, and verified responses to Form Interrogatories – General, Set One, Interrogatories Numbers 12.1 and 15.1 within 30 days of service of the notice of r uling. Defendant General Motors, LLC is ORDERED to serve full, complete, and verified responses to Plaintiff's Special Interrogatories to Defendant General Motors, LLC, Set One, I...

Excerpt: ...rt ORDERS that the version of the Declaration of Jemma E. Dunn in Support of Plaintiff Jane Doe 7030's Opposition to NewportMesa Unified School District's Motion for Summary Judgment that does not redact Plaintiff's true name, (ROA #144), shall not be made available to the public without court order. The court ORDERS that the version of the Declaration of Jemma E. Dunn in Support of Plaintiff Jane Doe 7030's Opposition to NewportMesa Unified Sc...

Excerpt: ...ent Reques ts 1-5. Non -Party Avalon Laboratory Services, LLC is ORDERED to serve full, complete, and verified responses and responsive documents to Document Requests 6 and 7 of the Deposition Subpoena for Production of Business Records Served on Nonparty Avalon Labo ratory Services, LLC, within 30 days of service of the notice of ruling. Defendant Integritox Laboratories, LLC (Defendant Integritox) and Defendant Laboratory Services, MSO, LLC (D...

Excerpt: ...and First A mended Complaint (FAC) for lack of personal jurisdiction due to defective service. Standard to Quash Service of Process A court lacks jurisdiction over a defendant if there has not been proper service of process upon that defendant.  (See Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) Therefore, “[a] defendant, on or before the last day of his or her time to plead or within any further time that the court may for good c...

Excerpt: ...hard moves to dismiss the 1st, 2nd, and 3rd Causes of Action of the Complaint for Property Damages, Breach of Contract, Fraud and Punitive Damages filed by Plaintiff Daniel Escamilla. 1st Cause of Action (Willful Misconduct Resulting in Property Damage) The crux of Plaintiff's claim is that Defendant rented a 2018 Ford F- 150 Lariat vehicle and caused damage to it when he had a duty not to do to so. Defendant argues that Plaintiff lacks standing...

Excerpt: ...ing. Plain tiff Meadows Bank LP is ORDERED to pay to Defendant Kimberly Ann Gavin sanctions in the amount of $1,600 (4 hours x $400 per hour) within 30 days of service of the notice of ruling. If the sanctions are not paid in a timely manner, they shall accrue intere st at the legal rate of 10% per annum. Defendant Kimberly Ann Gavin (Defendant Gavin) moves to compel Plaintiff Meadows Bank to provide further responses to Requests for Production o...

Excerpt: ...in Departme nt N15. Plaintiff Tesser, LLC is ORDERED to serve by mail all application papers and notice of this ruling on Defendant Bridget Simpson, Defendant Lee B. Simpson, and their counsel of record. Plaintiff Tesser, LLC applies for a right to attach order and order for issuance of a writ of attachment against Defendant Bridget Simpson aka Bridget Scordo (Defendant Bridget) and Defendant Lee B. Simpson (Defendant Lee) in the amount of $358,5...

Excerpt: ...hin 30 days of service of the notice of ruling. For purposes of the above - referenced responses and responsive documents, the term “Engine Defect” shall mean: [D]efects which result in symptoms [of] an illuminated check engine light, reduced power mode, fuel pressure se nsor leaking, vehicle leaking clear fluid, fuel leak at the fuel rail, DTC P0087, DTC P0172, DTC P0260, DTC P2DEE, DTC P228A, DTC P228B, DTC P228C, DTC P2490, DTC P2627, DTC...

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...

Excerpt: ...ssica J. Gallardo Celis. Standard for Demurrer 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.4th 1395, 1404- 05.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) ...

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...

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...

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...

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...

Excerpt: ...aintiff Luis Alberto Garcia is ORDERED to serve fu ll, complete, and verified responses and responsive document to Inspection Demand Set No. 1, without objections, within 30 days of service of the notice of ruling. Plaintiff Luis Alberto Garcia is ORDERED to pay to Defendant Amber Ashley Melville sanction s in the amount of $978 (0.5 hours x $500 per hour and 2.5 hours x $375 per hour in reasonable attorney's fees and $60 in motion filing fees)...

Excerpt: ...l Numbers 4.1, 4.2, and 15.1, within 30 days of service of the not ice of ruling. Defendant RML Properties is ORDERED to serve full, complete, and verified responses to Form Interrogatories – General Numbers 4.1, 4.2, and 15.1, within 30 days of service of the notice of ruling. Plaintiff Sharon Galasso's Motion to Compe l Defendant Maya Linda II, LLC's Further Responses to Requests for Production is DENIED without prejudice. Plaintiff Sharon G...

Excerpt: ...t Max Berreyesa pursuant to the Agreement between the parties dated February 22, 2023, in the amount of $34,417 plus reasonable attorney's fees and costs of $2,660. Plaintiff Virginia Kumpe moves to vacate the dismissal of this action and to enter judgment against Defendants Dandelion Enterprises, LLC dba Tappin Roots and Max B erreyesa pursuant to the Agreement between the parties dated February 22, 2023 and the Stipulation for Entry of Judgment...

Excerpt: ...Gold Rain Foundation (Defendant GRF) and Defendant Seal Beach Mutu al Eleven (Defendant SBME) move to strike punitive damages allegations and claims from the First Amended Complaint for Damages (FAC) filed by Plaintiffs John Dennis Mulvihill, Breda Marie Mulvihill -Hernandez, and Julia Geraldine Mulvihill. Standard for Mo tion to Strike A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or...

Excerpt: ...iller contained in Plaintiff Judy P. Fisher's Compendium of Evidence in Support of Opposition to Defendant Deloitte Services LP's Motion for Summary Judgment or Summary Adjudication, (ROA #225), and the information contained therein. The court ORDERS that, within 15 days of this ruling, Plaintiff Judy P. Fisher s hall file redacted versions of: 1. Plaintiff Judy P. Fisher's Statement in Opposition to Defendant Deloitte Services LP's Amended Sepa...

Excerpt: ...discovery by taking in California the oral deposition of any person, including any party to the action. (See Code Civ. Proc., § 2025.010.) A party desiring to take an oral deposition of a person who is under the jurisdiction of the court shall give written notice of the deposition. (S ee Code Civ. Proc., § 2025.2 20, subd. (a).) ”If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employ...

Excerpt: ...ry objections to the declaration of Stefan Chacon are OVERRULED. Plaintiff SSSHT Opco SE Division Street, LLC's evidentiary objections to the declarations of Tracee DeGrande and Collette Gray are OVERRULED. Defendant Integral Senior Living, LLC (Defendant Integral) moves to compel arbitration of the claims brought by SSSHT Opco SE Division Stree t, LLC and to stay these proceedings pending completion of arbitration. Defendant Integral Senior Livi...

Excerpt: ...ended Complaint using the same reservation number as Defendant's demurrer and motion to strike that are currently pending. As long as any demurrer and/or a motion to strike with respect to the Fourth Amended Complaint is filed and served in compliance with the Civil Procedure Code, they may be heard on May 20, 2024 at 8:30 a.m. in Department N15. Plaintiffs Thomas Phillips; Fashion Island Surgery Center, LLC; and Thomas J. Phillips, M.D. move fo...

Excerpt: ...1320(j).) Defendant Fountain Valley Regional Hospital and Medical Center (Defendant Hospital ) demurs to the 1st Cause of Action for Elder Abuse of the First Amended Complaint (FAC) filed by Plaintiff Maria Guadalupe Torres. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the compla int. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of...

Excerpt: ...e), without objections, within 30 days of service of the notice o f ruling. Defendant Aileen Pham is ORDERED to serve full, complete, and verified responses and responsive documents to the Post Judgment Debtor Request for Documents (Set One), without objections, within 30 days of service of the notice of ruling. Defend ant Aileen Pham is ORDERED to pay to Plaintiff M.V. Partners sanctions in the amount of $1,432.50 (3.5 hours x $375 per hour in ...

Excerpt: ....3d 531. Standard for Reconsideration Civil Procedure Code section 1008 states that: When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may . . . make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. (Civil Proc. Code, § 1008, s...

Excerpt: ...ERS that judgment shall be entered in favor of Plaintiff National Funding, Inc. and against Defendant Robert Bitz as to the 2nd Cause of Action of the Complaint in the sum of $374,191.91 plus any prejudgment interest, reasonable attorney's fees, and costs allowed by law. Plaintiff National Funding, Inc. shall prepare a proposed judg ment and serve it on Defendants Hard Rock Exteriors LLC dba Nu Normal and Robert Bitz, and submit it to the court p...

Excerpt: ...1, and Request for Admission Number 34, within 21 days of servic e of the notice of ruling. Defendant Maya Linda II, LLC is ORDERED to pay to Plaintiff Sharon Galasso sanctions in the amount of $2,495 (1.0 hours x $500 per hour and 5.0 hours x $375 per hour in reasonable attorney's fees and $120 in motion filing fees) within 21 days of service of the notice of ruling. Plaintiff Sharon Galasso (Plaintiff Galasso) moves to compel further responses...

Excerpt: ... -in -Interest to The Estate of Serette Mitchell -Hug hes v. Albert Hughes Jr. (Case No. 30 -202201239731) [referred to as This Action]; and 2) Albert Hughes III, individually, and as the Successor -in -Interest to The Estate of Serette Mitchell -Hughes v. Orange County (Case Number 30 -202301313697) [referred to as County of Orange Action]. Service of Process On July 10, 2023, the court continued the hearing on the Motion to Consolidate Cases fo...

Excerpt: ...le date and time, no later than 30 days after the notice o f ruling is served. Plaintiff Rita Ramirez is ORDERED to pay to Defendant City of Santa Ana sanctions in the amount of $1,060 (4.0 hours x $265 per hour in reasonable attorney's fees), no later than 30 days after the notice of ruling is served. Defendant City of Santa Ana moves to compel the deposition of Plaintiff Rita Ramirez and the production of documents at the deposition. Standard t...

Excerpt: ... held. Defendant Park West Landscape Maintenance, Inc.'s request for sanctions is DENIED. Defendant Park West Landscape Maintenance, Inc. moves to compel David H. Payne, M.D. to appear for deposition. Standard to Compel Nonparty Deposition Any party may obtain discovery by taking in California the oral deposition of any person. (See Code Ci v. Proc., § 2025.010.) A nonparty may be required to appear to give oral testimony in a deposition and/or ...

Excerpt: ... order with respect to certain discovery requests served up on them, including Form Interrogatories Set No. One, Special Interrogatories Set No. One, Requests for Admission Set No. One, and Requests for Production of Document Set No One. Standard for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or org...

Excerpt: ... in the moving papers.” (Def.'s Opp'n to Pltf.'s Dem . Mem. of P.&A.s at p. 2:20 -2:22.) The court therefore will sustain the demurrer. In addition, Defendant requests leave to amend the answer and state that upon granting leave, “the defendant will forthwith file an amended answer.” (Id. at p. 3:8.) “It is an abuse of the trial court's discretion to sustain a demurrer without leave to amend if there is a reasonable possibility” th...

Excerpt: ..., and the 2nd, 4th, 5th, and 6th Causes of Action in their entirety. If Plaintiff Sean Kameli does not amend the First Amended Complaint within the period of time stated above, Defendants Anthony English and English Realty, Inc. shall file an answer or other pleading in response to the First Amended Complaint w ithin 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendants Anthony English (Defe...

Excerpt: ...t within 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendant General Motors LLC demurs to the 9th and 10th Causes of Action of the Complaint filed by Plaintiff Maria Alvarez. Defendant General Motors LLC also moves to strike the prayer for punitive damages contained in the Complaint. (See Compl. at p. 14:5 [Prayer, ¶ 11].) Request for Dismissal On January 4, 2024, Plaintiff filed a Reques...

Excerpt: ...OVERRULED as to evidentiary objection numbers 1, 2, 3, 4, 5, 6, 8, and 10, and the first sentence objected to in evidentiary objection number 11, and SUSTAINED as to evidentiary objection numbers 7 and 9, and the second sentence objected to in evidentiary objection number 11. Defendant Deloitte Services LP's evi dentiary objections to the Declaration of Plaintiff Judy Fisher are OVERRULED as to evidentiary objection numbers 1 -9. Defendant Deloi...

Excerpt: ...s in the amount of $716.25 (1.75 hours x $375 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Plaintiff and Judgment Creditor M.V. Partners moves to compel Defendant and Judgment Debtor Joann Pham to serve responses to the postjudgment Written In terrogatories (Set One). Standard to Compel Responses to Interrogatories A judgment creditor who has obtained a judgment “may p...

Excerpt: ...to transfer this matter to the Ventura County Superior Court. Standard for Transfer of Venue The Civil Procedure Code states that: [I]f an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answer...

Excerpt: ...Provide Responses to Special Interrogatories (Set Two) is GRANTED. Plaintiff Cliq, Inc. f/k/a Cardflex, Inc.'s Motion to for An Order Compelling Responses, and A Production of Documents, from Defendant Sabin Burrell in Response to Requests for Production of Documents (Set Two) is GRANTED. Plaintiff Cliq, Inc. f/k/a Card flex, Inc.'s Motion to for An Order Compelling Responses, and A Production of Documents, from Defendant Capital Managers, LLC ...

Excerpt: ...this motion. The court thus refrains from ruling on the evidentiary objections for that reason and all of the objections shall be considered preserved. Defendant Shana Hernandez specially moves to strike all claims in the First Amended Complaint Þled by Plainti
¯ Harper's Pharmacy, Inc. pursuant to Civil Procedure Code section 425.16 (AntiSLAPP Statute). Standard for Special Motion to Strike (Anti-SLAPP) Civil Procedure Code section 425.16(b) p...

Excerpt: ...ition, but shall do so no later February 8, 2024. Defendant Law O
¯ices of Sunil Shah moves to set aside the default entered on July 25, 2023. (See ROA #256.) Standard to Set Aside Entry of Default or Default Judgment The Civil Procedure Code authorizes the court to “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surpri...

Excerpt: ...ary 1, 2024, at 2:00 p.m. in Department N15. Plainti
¯ Cliq, Inc. f/k/a Cardßex, Inc.'s Motion for An Order that the Truth of Any Matter SpeciÞed in Requests for Admissions to Capital Managers, LLC Be Deed Admitted is CONTINUED to February 1, 2024, at 2:00 p.m. in Department N15. Plainti
¯ Cliq, Inc. f/k/a Cardßex, Inc.'s Motion for An Order that the Truth of Any Matter SpeciÞed in Requests for Admissions to Eventus Holdings, LLC Be Deed Ad...

Excerpt: ...ary 1, 2024, at 2:00 p.m. in Department N15. Plainti
¯ Cliq, Inc. f/k/a Cardßex, Inc.'s Motion for An Order that the Truth of Any Matter SpeciÞed in Requests for Admissions to Capital Managers, LLC Be Deed Admitted is CONTINUED to February 1, 2024, at 2:00 p.m. in Department N15. Plainti
¯ Cliq, Inc. f/k/a Cardßex, Inc.'s Motion for An Order that the Truth of Any Matter SpeciÞed in Requests for Admissions to Eventus Holdings, LLC Be Deed Ad...

Excerpt: ....2, 12.1 – 12.7, 14.1, 14.2, and 50.1 – 50.6, without objections within 30 days of service of the notice of ruling. Plainti
¯ Katarzyna Nowocin-Kowalczyk is ORDERED to pay to Defendant Lotus Property Services, Inc sanctions in the amount of $852 (3.3 hours x $240 per hour in reasonable attorney's fees and $60 in motion Þling fees) within 30 days of service of the notice of ruling. Defendant Lotus Property Services, Inc. moves to compel resp...

Excerpt: ...aint within 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendant Wells Fargo Bank, N.A.'s Request for Judicial Notice is GRANTED. (See Evid. Code, S 452 subds. (d), (h).) Defendant Wells Fargo Bank, N.A. demurs to the 1st through 5th Causes of Action of the First Amended Complaint (FAC) filed by Plaintiff Saloomeh Moazed. Standard for Demurrer A demurrer challenges only the legal sufficiency ...

Excerpt: ...dant/Judgment Debtor Scott Baldwin (Defendant) assign to Plaintiff all real estate commissions arising from Defendant's real estate sales. Service of Process Plaintiff originally moved on an ex parte basis and the court denied the ex parte application and set this motion as a noticed motion to be heard on this date. At that time, the court ordered that Plaintiff "serve the Defendant pursuant to code." (ROA #157.) Civil Procedure Code section 708....

Excerpt: ... way disposing of or making unavailable, any property, assets, documents, or information of PHA Professional Services, Inc. dba DC Plumbing, Heating and Air Conditioning; SC Equipment Company, LLC; DC Plumbing, Heating and Air Conditioning, Inc.; or DC Plumbing, Inc. 2. The court ORDERS that all parties to this action continue, without modification or termination, the manner in which PHA Professional Services, Inc. dba DC Plumbing, Heating and Ai...

Excerpt: ...led with the court (i.e„ that these statements were made by the persons to whom they are attributed), the court is not taking judicial notice of the truth of the matters stated therein. (See Glaski v. Bank of America (2013) 218 Cal.App.4th 1079, 1090.) Plaintiff Brittney Mejico moves for summary adjudication with respect to liability and damages on the cause of action for Violations of the Unruh Civil Rights Act, California Civil Code S 51 et s...

Excerpt: ... and Mitchell Green. Standard for Summary Adjudication "Summary judgment shall be granted all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Code Civ. Proc„ S 437c, subd. (c).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, o...

Excerpt: ...e T. Cappucio is ORDERED to pay to Plaintiff CSU Fullerton Auxiliary Services Corporation sanctions in the amount of $1,410 (3.0 hours x $450 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Plaintiff CSU Fullerton Auxiliary Services Corporation (Plaintiff) moves to compel further responses to its Form Interrogatories (Set One), Numbers 15.1 and 17.1, propounded on Defendant ...

Excerpt: ..., Esq. The Court SETS a hearing on an Order to Show Cause re: Dismissing the Complaint for Failure to Retain Counsel on February 15, 2024 at 9:30 am in Department N15. The court ORDERS that, within 30 days of receiving the signed Form MC-053 from the court, Counsel Richard E. Masson, Esq. shall serve Plaintiff Michael Cooper, as trustee for the Christopher Michael Cooper Trust, and Plaintiff Christopher Cooper with the signed Form MC-053, notice ...

Excerpt: ...el the depositions of Robert Rodriguez and Jose Gonzalez, who are employees of Defendant City of Santa Ana. Standard to Compel Deposition Any party may obtain discovery by taking in California the oral deposition of any person, including any party to the acton. (See Code Civ. Proc., S 2025.010.) A party desiring to take an oral deposition of a person who is under the jurisdiction of the court shall give written notice of the deposition. (See Code...

Excerpt: ... CareRx, LLC's Form Interrogatories — General, Set One on or before January 19, 2024. Defendant VNA of Greater LA is ORDERED to serve full, complete, and verified responses to Plaintiff CareRx, LLC's to Plaintiff CareRx, LLC's Form Interrogatories — General, Set One on or before January 19, 2024. Defendant VNA of Orange County LLC is ORDERED to serve full, complete, and verified responses to Plaintiff CareRx, LLC's to Plaintiff CareRx, LLC's ...

Excerpt: ...otice of ruling. Plaintiff Anthony J. Ortiz's Motion to Compel Further Responses and Responses Under Oath [Form Interrogatories] is GRANTED in part and DENIED in part. Defendant General Motors LLC is ORDERED to serve full, complete, and verified responses and Plaintiff Anthony J. Ortiz's Special Interrogatories, Set One, Numbers 1-6, 23-24, 30-31, 33, and 36 within 30 days of the notice of ruling. Plaintiff Anthony J. Ortiz moves to compel Defend...

Excerpt: ...s to Requests for Production Civil Procedure Code section 2031.210 requires that: The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to ...

Excerpt: ... Conference to discuss the status of Kouyoumjian v. Reganyan and the stay in this action. Defendant Tina Reganyan's Request for Judicial Notice is GRANTED. (See Evid. Code, S 452, subd. (d).) Plaintiff John Doe's evidentiary objections to the Declaration of Defendant Tina Reganyan are OVERRULED as to evidentiary objection numbers 1 and 2, and SUSTAINED as to evidentiary objection numbers 3 and 4. Defendant Tina Reganyan (Defendant Reganyan) moves...

Excerpt: ... order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: . . . (6) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a certain way. (Code Civ. Proc.,...

Excerpt: ...gal 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.4th 1395, 1404-05.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Instead, the court "treat[sl the demurrer as admitting all material facts proper...

Excerpt: ...laint or crosscomplaint has been filed may object, by demurrer . to the pleading on any one or more of the following grounds: (a) The court has no jurisdiction or answer.. of the subject of the cause of action alleged in the pleading. (b) The person who filed the pleading does not have the legal capacity to sue. (c) There is another action pending between the same parties on the same cause of acton. (d) There is a defect or misjoinder of parties....

Excerpt: ...n for such relief, along with a memorandum and a declaration containing facts sufficient to justify the sealing. (Cal. Rules of Court, Rule 2.551, subd. he motion must be served on all parties, and unless the court orders otherwise, a complete copy of the document must be served on all other parties that already possess copies, along with the redacted version. (Cal. Rules of Court, Rule 2.551, subd. (b)(2).) To grant a motion to seal, the court m...

Excerpt: ...mplete, and verified responses to Plaintiff CareRx, LLC's Requests For Admission, Genuineness of Documents, Set One within 21 days of service of the notice of ruling. Defendant VNA of Orange County LLC is ORDERED to serve full, complete, and verified responses to Plaintiff CareRx, LLC's Requests For Admission, Genuineness of Documents, Set One within 21 days of service of the notice of ruling. Defendant Palomar Palliative & Hospice Care is ORDERE...

Excerpt: ... Services LP's Further Responses to Plaintiff's Second Set of Requests for Admission is GRANTED in part and DENIED in part. Defendant Deloitte Services LP is ORDERED to serve full, complete, and verified responses to Plaintiff Judy P. Fisher's Second Set of Interrogatories, Special Interrogatories Numbers 46, 49, and 66-81 within 30 days of service of the notice of ruling. Defendant Deloitte Services LP is ORDERED to serve full, complete, and ver...

Excerpt: ...trike under Anti-SLAPP is GRANTED. (See Evid. Code, S 452, subd. (c) [court may take judicial notice of "records of . .. any court of this state"].) Plaintiff Michelle Mathis' Request for Judicial Notice of Opposition to Special Motion to Strike Under Ant-SLAPP (C.C.P. S 425.16) is DENIED. Plaintiff fails to identify the attached documents or state the basis upon which they may be judicially notice. To the extent the documents are police reports ...

Excerpt: ...he Documents and the Truth of the Matters Specified in Movants' Requests for Admission (Listed Below) Be Deemed Admitted. are taken OFF CALENDAR as moot. Defendant WLC I The Williams Law Corporation is ORDERED to payto Defendants Tryal Edmundson, Osbelia Edmundson, and Daniel Perales sanctions in the amount of $2,865.00 (7.0 hours x $375 per hour in reasonable attorney's fees and $240 in motion filing fees) within 30 days of service of the notice...

Excerpt: ..., false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc., S 436.) "Irrelevant" matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim, or a demand for judgment requesting relief not supported by the allegati...

Excerpt: ...LC shall prepare a proposed judgment and serve it on Defendant Venice Development, Inc. dba Cadillac Hotel and Defendant Sris Sinnathamby and submit it to the court pursuant to Rules of Court Rule 3.1590(h). The Court finds good cause to allow Plaintiff 20 days from the date of this ruling to prepare, serve, and submit the proposed judgment. Plaintiff Quick Bridge Funding, LLC moves for summary judgment as to the Complaint filed by Plaintiff, or ...

Excerpt: ...(See Evid. Code, S 452, subd. (d).) Defendant HP Communications, Inc. (Defendant HP) moves for summary judgment on the Second Amended Complaint (SAC) filed by Plaintiff Sarah Huber. For the following reasons, the unopposed moton is granted. Standard for Summary Judgment or Summary Adjudication "Summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is ent...

Excerpt: ...ute, Civ-l Procedure Code section 425.15. Basis for Award of Attornevs Fees and Costs Civil Procedure Code section 425.16 states that "a prevailing defendant on a [Anti-SLAPP] special motion to strike shall be entitled to recover that defendant's attorney's fees and costs." (Code Civ. Proc„ S 425.15, subd. (c)(l).) under this provision, "any SLAPP defendant who brings a successful moton to strike is entitled to mandatory attorney fees." (Ketchu...

Excerpt: ...tandard for Motion to Strike A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc., S 436.) "Irrelevant" matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim, or a d...

Excerpt: ...or summary adjudication on the 1st, 3rd, and 4th Causes of Acton of the Complaint against Defendants Kemrick Transport, LLC (Defendant Kemrick) and Defendant Richard Christopher Glanville (Defendant Glanville). Standard for Summary Judgment or Summary Adjudication "Summary judgment shall be granted all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter o...

Excerpt: ...Standard for Leave to File Cross- Complaint Code of Civil Procedure Section 426.50 provides that A party who falls to plead a cause of achon subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any time during the course of the action. The court, after notice to the advers...

Excerpt: ...in 30 days of service of the notice of ruling. The Court ORDERS Defendant Melina Silvia Gallegos to pay to Plaintiff Dayse Leonor OrdonezBass sanctions in the amount of $1,250 (2.5 hours x $500 per hour in reasonable attornevs fees) within 30 days of service of the notce of ruling. Plaintiff Dayse Leonor Ordonez-Bass moves to compel responses from Defendant Melina Silvia Gallegos (Defendant Melina) to Plaintiff's First Set of Form Interrogatories...

Excerpt: ... to himself for deposition at a mutually agreeable date and time, no later than 45 days after service of the notice of ruling and notice of Defendant Nancy Cheatham's payment of the filing fees for two additional motions to compel. The total time of all of the depositions of PlaintffTaylor Durkee shall not exceed 7 hours. Defendant Nancy Cheatham is ORDERED to pay filing fees for two additional motions to cornpA in the amount of $120 total. Defen...

Excerpt: ...ull, complete, and verified responses to Form Interrogatories— General, Set One and Special Interrogatories, Set One, within 50 days of service of the notice of ruling. The Court will hear from counsel for Plaintiff Cesar Monzon Orellana and Defendant Nieves Landscaping Inc. in a confidential setting regarding the request for sanctons. Defendant Nieves Landscaping Inc. moves to compel further responses to Form Interrogatories — General, Set O...

Excerpt: ...nce. Thus, Plaintiff was not given notice that John F. Ramey and RAMEY LAW, P.C. would not be representing her with sufficient time to appear or arrange for someone to appear on her behalf at the last case management conference. Therefore, the court will contnue the Order to Show Cause re: Failure to Appear and set a Case Management Conference to give sufficient time for Plaintiff to be given notce and to appear or arrange for someone to appear o...

Excerpt: ...es to Form Interrogatories — General (Set One) is GRANTED. Defendant Sabin Burrell is ORDERED to serve full, complete, and verified responses to Special Interrogatories (Set One) without objections within 30 days of service of the notice of ruling. Defendant John Beckman is ORDERED to serve full, complete, and verified responses to Requests for Production of Documents (Set One) without objections within 30 days of service of the notice of rulin...

Excerpt: ...soya and to stay these pending completion of arbitration. Standard for Compelling Arbitration When a party to an arbitration agreement refuses to submit to arbitration, the other party may petition the court to compel arbitration and stay any pending lawsuit. (See Condee v. Longwind Management Corp. (2001) 88 Cal.App.4th 215, 218.) This right is contained in Civil Procedure Code section 1281.2, which states: On petition of a party to an arbitrati...

Excerpt: ... fees and costs is DENIED. Defendants Karson Construction, Inc. (Defendant Karson) and Dustin Lawson (Defendant Lawson) (collectively, Construction Defendants) move to compel arbitration of the claims brought by Plaintiff Debra Allen and to stay these proceedings pending completion of arbitration. Construction Defendants also request attorneys' fees and costs. Standard for Compelling Arbitration When a party to an arbitration agreement refuses to...

Excerpt: ...a, and Letter from Sarah Ferris, MD, because the evidentiary objections are not material to the disposition of this motion. (See Code Civ. Proc., S 437c, subd. Defendants Marriott Hotel Services, Inc. and AMH, LLC move for summary judgment on the Complaint filed by Plaintiff Angela Cleavenger. Standard for Summary Judgment "Summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact an...

Excerpt: ...r Title Loans Inc. dba 18WTitlleLoan and the Irvine Police Department. Standard for Writ of Possession A party wishing to obtain possession of pro#rty may seek a writ of possession through the claim and delivery procedures set out in Civil Procedure Code section 512.010, et seq. Claim and delivery is a remedy by which a party with a superior right to a specific item of personal property may recover possession of that specific property before judg...

Excerpt: ...by Plaintiff James Worldw-de, Inc. Standard for Demurrer 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.4th 1395, 1404-05.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 154...

Excerpt: ... 452, subd. (d).) Defendant Brian Nelson (Defendant Brian) demurs to the 3rd Cause of Action of the Complaint filed by Plaintiff Alonzo C. Whitner, as Trustee of the Whitner Family Trust. Standard for Demurrer 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. 101 Cal.App.4th 1395, 1404-...

Excerpt: ...thony Lock's Request for Judicial Notice in Support of Demurrer to Complaint of Plaintiff Barbara Travers is GRANTED. (See Evid. Code, S 452, subd. Defendant Mark Anthony Lockwood (Defendant Lockwood) demurs to the 1st, 4th, and 6th Causes of Action of the Complaint filed by Plaintiff Barbara Travers. Standard for Demurrer A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pl...

Excerpt: ...rvice of the notice of ruling. Plaintiff Elizabeth Lockett moves for terminating sanctons striking Defendant Anthony Drew Molinar's (Defendant Molinar) Answer and entering default judgment against Defendant Molinar. Plaintiff also moves for monetary sanctions. Standard for Monetary and Non-Monetary Discovery Sanctons The court may impose monetary, issue, evidence, terminating, or contempt sanctions against any person engaging in any misuse of the...

Excerpt: ...g for April 18, 2024, at 9:30 a.m. in Department N15. Defendant GMI Building Services, Inc. (Defendant GMI) moves to compel arbitration of all of the claims brought by Plaintiff Daniel Mesa and to stay these proceedings pend-ng completion of arbitration. Defendant Allied Protecton Service, LP dba Allied universal (Defendant Allied) joins in Defendant GMI's motion. Standard for Compelling Arbitration When a partyto an arbitration agreement refuses...

Excerpt: ...npublished decisions]; Cal. Rules of Ct., rule 8.1115 [decisions that are not published may not be cited or relied upon by any court or partyl.) Defendant Reliant Immediate Care Medical Group, Inc. (Defendant Reliant) demurs to allegations relating to and the prayer for punitive and exemplary damages contained in the First Amended Complaint filed by Plaintiff Jonathan Vasquez. Standard for Motion to Strike A court may strike out any irrelevant, f...

Excerpt: ...erts, a duty of care expert and an appraiser expert. (See Decl. of Lukasz l. Wozniak, 3, Exh. 1.) Defendants also designated two expert witnesses, a duty of care expert and a pool construction/repair expert but no appraiser expert. (ld., 4, Exhs. 2-3.) In their supplemental designation, Defendants designated James B. Netzer, an appraiser, to rebut the testimony of Plaintiffs' appraiser expert witness. (ld., 5, Exhs. 4-5.) Plaintiffs contend that ...

Excerpt: ...al Interrogatories, Set One, and Form Interrogatories — General, Set One, are GRANTED. Plaintiff Cliq, Inc. f/k/a Cardfiex, Inc.'s Motions to Compel John Hynes to Provide Further Responses to Requests for Production of Documents is DENIED. Plaintiff Cliq, Inc. f/k/a Cardflex, Inc.'s Motions to Compel Eventus Holdings to Provide Further Responses to Special Interrogatories (Set One) and Form Interrogatories — General (Set One) are GRANTED. Pla...

Excerpt: ...intiff Mahnoosh Rahimi moves to compel further responses to Requests for Admissions from Plaintiff Mahnoosh Rahimi to Defendant Artemis DNA CA LLC, Set One, Requests for Admissions Numbers 36-58. Standard to Compel Further Responses to Requests for Admission The Civil Discovery Act requires that responses to requests for admission be "as complete and straightforward as the information reasonably available to the responding party permits." (Code C...

Excerpt: ...pay to Defendant Pauline 12 Anaheim, LLC sanctions in the amount of $1,230 (6.0 hours x $195 per hour in reasonable attorney's fees and $50 in motion filing fees) within 30 days of service of the notice of ruling. Defendant Pauline 12 Anaheim, LLC (Defendant Pauline 12) moves to compel the depositions of Plaintiff Jesus Del Carmen Martinez (Plaintiff Martinez) and Plaintiff Armando Aviles (Plaintiff Aviles). Defendant Kadash, LLC (Defendant Kadas...

Excerpt: ...31, 34, 35, 38-40, 44, 46-50, and 54-56 and SUSTAINED as to evidentiary objection numbers 4-5, 14, 32 as to "that I am aware is considered to be exempt from FLSA overtime", 33, 41, and 45. The court admits statements regarding complaints made against and the investigation of Plaintiff Darrel Wall only for the purpose of proving that the complaints were made and that the investigation lead to certain findings, not that the substance of the complai...

Excerpt: ...the date of this ruling. If Plaintiff Urban Bianchi does not amend the First Amended Complaint within the #riod in which leave to amend is granted, Defendant Cals Tech Precision, Inc. and Omar Khan shall file an answer or other pleading in response to the First Amended Complaint within 10 days of the expiration of the period to amend. (See Cal. Rules of Ct. rule 3.13200).) Defendant Cal Tech Precision, Inc. (Defendant Cal Tech) and Defendant Omar...

Excerpt: ... Capital Corporation, Set Two, and Plaintiffs James H. Renzas' Request for Documents to Keith Tian Tong, Set One. Service of Discovery and Service of Motions Discovery requests, such as interrogatories and requests for production, must be served upon the party from whom the discovery is requested and all other parties who have appeared in the action. (See Code Civ. Proc., SS 2030.080, 2031.040.) In addition, a motion must be served on all parties...

Excerpt: ... court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc„ S 436.) "Irrelevant" matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim, or a demand for judgment requesting...

Excerpt: ...d Premier Choice R.E. Inc. specially move to strike the Complaint of Plaintiff Anne Marie Jones pursuant to Civil Procedure Code section 425.16. Standard for Special Moton to Strike (Anti-SLAPP) Civil Procedure Code section 425.16(b) provides that: "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection ...

Excerpt: ...n to Compel Plaintiff to Respond to Defendant's Request for Production of Documents, Set One is GRANTED. Plaintiff James Lowther is ORDERED to serve full, complete, and verified responses to: Form Interrogatories — General, Set One; Special Interrogatories, Set One; and Request for Production of Documetns, Set One. without objections within 30 days of service of the notice of ruling. Plaintiff James Lowther is ORDERED to pay to Defendant Pavili...

Excerpt: ...ca, LLC is ORDERED to serve full, complete, and verified responses to Plaintiff Jennifer Stein's Request for Production Set One, Requests Numbers 33-40 and all responsive documents to Requests Numbers 33-40 within 30 days of service of the notice of ruling. Defendant Jaguar Land Rover North America, LLC is ORDERED to pay to Plaintiff Jennifer Stein sanctions in the amount of $2,411.25 (4.75 hours x $495 per hour in reasonable attorney's fees and ...

Excerpt: ...n is GRANTED as to the 7th Cause of Acton and DENIED as to the remainder of the causes of action. Plaintiff Ricardo Martinez's Objections to Defendants' Evidence are SUSTAINED as to evidentiary objection number 17, and SUSTAINED to the extent statements are used for the truth of the matter asserted and OVERRULED to the extent statements are used as the basis for the expert witness' opinion as to evidentiary objection numbers 18-20. The remainder ...