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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...ny pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer t...

Excerpt: ... to the First Amended Complaint within 10 days of the expiration of the period to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendant Huntington Beach City School District (Defendant School District) demurs to the First Amended Complaint (FAC) filed by Plaintiff John Doe. 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 a...

Excerpt: ... on Defendant Riviera Beverages, LLC 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 Hood Container Corporation moves for an order to enter judgment against Defendant Riviera Beverages, LLC pursuant to the parties' stipulated settlement agreement. Standard for Entry of Judgment Pur...

Excerpt: ...ooc (2001) 26 Cal.4th 1215, 1228- 1229.) The custodian of records need not produce an entre personnel file if it is not all relevant, and may withhold documents that are clearly irrelevant to Defendant Albert Hughes Jr.'s work schedule from the period of September 14, 2004 to September 21, 2004. (See People v. Mooc, supra, 27 Cal.4th at p. 1229- 1230.) However, if the custodian of record has any doubt whether a particular document is relevant, th...

Excerpt: ...her similar paper, an attorney or a party not represented by counsel represents that: (1) [The document] is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, and other legal contentons therein are warranted by existing law or by a nonfriwlous argument for the extension, modification, or reversal of existing law or the est...

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 ...

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 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: ...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: ...California the oral deposition of any person, including any party to the action. (See Code Civ. Proc., S 2025.010.) A party desiring to take an oral depositon of a person who is under the jurisdiction of the court shall give written notice of the deposition. (See Code Civ. Proc., S 2025.220, subd. (a).) "Except as provided in subdivision (b), or by any court order, including a case management order, a deposition examination of the witness by all ...

Excerpt: ...he Complaint within 10 days of the expiration of the period to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendant Alan Nesbit (Defendant) demurs to the 1st, 3rd, and 4th Causes of Acton of the Second Amended Complaint (SAC) filed by Plaintiffs Thomas Phillips, Fashion Island Surgery Center, LLC, and Thomas J. Phillips, M.D. (a corporation) (collectively, Plaintiffs). While Defendant purports to demur to the "Second Amended Cross-complaint,"...

Excerpt: ...er Responses to Interrogatories A party may move for an order compelling further responses to interrogatories on the grounds that: (1) an answer to a particular interrogatory is evasive or incomplete; (2) an exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate; or (3) an objection to an interrogatory is without merit or too general. (Code Civ. Proc., S 203...

Excerpt: ...f the arbitration proceedings. The court SETS an ADR Review Hearing for March 7, 2023, at 9:30 a.m. in Department N15. Defendants Trinh To Thi Ly, An Le, and Bijan Namdar move to compel arbitration of the claims asserted by Plaintiff A Plus Autobody, Inc. in this action. 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 st...

Excerpt: ...s of Efrain Caldera and Plaintiff Daniel Escamilla are OVERRULED. Plaintiff Daniel Escamilla moves for summary judgment as to the Complaint filed by Plaintiff on September 26, 2022. 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 and that the moving party is entitled to a judgment as a matter of law." (Code Civ. Proc., S 437c, subd. (c).) A "p...

Excerpt: ...e Complaint filed by Plaintiff Mark Magdy Gobrial. Standard for "The party against whom a complaint or crosscomplaint has been filed may object, by demurrer or answer ... to the pleading on any one or more of the following grounds: (a) The court has no jurisdiction 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 betwee...

Excerpt: ... (SAC) filed by Plaintiff Charlene Lopez. Standard for Demurrer "The party against whom a complaint or crosscomplaint has been filed may object, by demurrer or answer ... to the pleading on any one or more of the following grounds: (a) The court has no jurisdiction of the subject of the cause of acton 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...

Excerpt: ...g on any one or more of the following grounds: (a) The court has no jurisdiction of the subject of the cause of acton 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 action. (d) There is a defect or misjoinder of parties. (e) The pleading dæs not state facts suffcient to constitute a cause of action. (f) The p...

Excerpt: ...nce of justice, and on any terms as may proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other res#ct; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or in ...

Excerpt: ...m. in Department N15. Defendants Christopher Paliska, Stephen Paliska, Aaron Vazquez, Rebecca Quarress, and Peter Maldonado (Paliska Defendants) move to stay proceedings in this action pending the completion of the bankruptcy proceedings of Defendant Western Express Lending (Defendant WEL). Standard to Stay Proceedings "Trial courts generally have the inherent power to stay in the interests of justice and to promote judicial efficiency." (Freiber...

Excerpt: ...ecial Interrogatories, Set One is taken OFF CALENDAR as moot. Defendant Shelby Hospitality, LLC's Motion to Compel Answers to Special Interrogatories, Set One is taken OFF CALENDAR as moot. Defendant Ken Pansuria's Motion to Compel Answers to Requests for Production of Documents, Set One is taken OFF CALENDAR as moot. Defendant Ken Pansuria's Motion to Deem the Truth of Matters and Genuineness of Documents Specified in Requests for Admission, Set...

Excerpt: ... Inc.'s; CT Logistics, Inc.'s; Cal West Commodities, Inc.'s; and Michael Devon Toole's Form Interrogatories (Set One), Motion to Compel Responses to Special Interrogatories (Set One), and Motion to Compel Responses to Request for Production of Documents (Set One) without objections and within 30 days of service of the notice of ruling. The court ORDERS that Plaintiff Amelia Lopez pay to Defendants Commodity Transporters, Inc.; CT Logistics, Inc.;...

Excerpt: ...nce, within 7 days of this ruling. Infinity Insurance Company moves for leave to intervene on behalf of Defendant Anthony Drew Molinar (Defendant Molinar). Standard for Intervention A non-party, who is referred to as an “intervenor,” may become a party to an action or proceeding between other persons by: (1) Joining a plaintiff in claiming what is sought by the complaint; (2) Uniting with a defendant in resisting the claims of a plaintiff; or...

Excerpt: ... 30, 2023. Plaintiff Albert Hughes III moves for an order directing the Los Angeles County Sheriff's Department to make available to Plaintiff for examination, inspection, and copying “all documents concerning bailiff Albert Hughes Jr. (‘Defendant') as defined by Penal Code section 832.8; records maintained pursuant to Penal Code section 832.5, subdivision (b); and any other records, documents, or items pertaining to the defendant Albert Hugh...

Excerpt: ...emurrer ”The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer . . . to the pleading on any one or more of the following grounds: . . . (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible. . . .” (Code Civ. Proc., § 430.10.) A demurrer to a complaint o...

Excerpt: ...rounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible. (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.” (Code Civ. Proc., § 430.20.) A demurrer may be asserted against “the whole answer, or to any one or more of the several defenses ...

Excerpt: ...ndow Company fka Anlin Industries' Motion Contesting Application for Determination of Good Faith Settlement is taken OFF CALENDAR. Defendant American Vision Windows, Inc. dba American Vision (Defendant American Vision) applies to this court for a determination of good faith settlement. Defendant/Cross-Complainant Louis Anthony Macchiaverna (Defendant Macchiaverna) moves to contest Defendant American Vision's Application for Determination of Good ...

Excerpt: ...umbers 3-4, 8-10, 14, 16, 19, 20, and 22- 24 24; Form Interrogatory Number 17.1; Request for Admission Numbers 1, 2, and 4-7; and Request for Production Numbers 1-3, 6-11, 23-25, and 28, within 21 days of service of the notice of ruling. The Motion to Compel Further Responses is DENIED as to all other discovery requests. Plaintiff Placentia-Linda Hospital, Inc.'s Motion to Compel Further Responses from Defendant Superior Health Plan, Inc. dba Amb...

Excerpt: ...art and DENIED in part. Plaintiff Timothy J. Woodall is ORDERED to pay to Defendants Ronnie Dean Exchavarria, Sr. and Allegiant PI reasonable attorney's fees in the amount of $166,308 within 30 days of service of the notice of ruling. Defendants Ronnie Dean Echavarria, Sr.'s and Allegiant PI's request for costs is DENIED. Defendant Julie A. Woodall seeks an award of $258,503 in attorney's fees, $4,775.00 in anticipated attorney's fees and $60.00 ...

Excerpt: ...d costs in the amount of $3,938.06 from Defendant FCA US LLC, pursuant to the Song- Beverly Consumer Warranty Act (Song-Beverly Act). Basis for Award of Attorney's Fees and Costs The Song-Beverly Consumer Warranty Act (Song-Beverly Act), Civil Code section 1790 et seq., states that “[i]f the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amo...

Excerpt: ...'s seeks an award of $45,817.20 in attorney's fees, $4,500.00 in anticipated attorney's fees, $12,587.95 in costs, and $425.00 in anticipated costs from Defendant General Motors LLC pursuant to the Song-Beverly Consumer Warranty Act (Song-Beverly Act). Basis for Award of Attorney's Fees and Costs The Song-Beverly Consumer Warranty Act (Song-Beverly Act), Civil Code section 1790 et seq., states that “[i]f the buyer prevails in an action under th...

Excerpt: ...rom the mobile home and two automobiles. The court further ORDERS that Defendant Theodore G. Laurent is PROHIBITED and ENJOINED from selling, encumbering, or transferring any funds or property that constitute or were derived from the proceeds of the March 1, 2021 sale of the real property located at 8662 Pacheco Avenue, Westminster, CA 92683. Plaintiff is ORDERED to file an undertaking in the amount of $50,000 and attach evidence that the underta...

Excerpt: ... site' provision for judicial notice in California.”]; Searles Valley Minerals Operations, Inc. v. State Board of Equalization (2008) 160 Cal.App.4th 514, 519 [“[A]lthough it might be appropriate to take judicial notice of the existence of the Web sites, the same is not true of their factual content”], italics original.) Defendant Payward, Inc. moves to compel arbitration of all of the claims brought by Plaintiff Keeho Kim and to stay these...

Excerpt: ...arillo Liviero sanctions in the amount of $ 1,770 (3.8 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. Defendant Rockstar Staffing, LLC's evidentiary objections to the Declaration of Melissa Newman Avila are OVERRULED. Plaintiff Sergio Carillo Liviero moves to compel further responses to Special Interrogatory Numbers 2-5 and 13-17, and for monetary sanctions aga...

Excerpt: ... because their declarations are immaterial to the court's ruling. Plaintiff Rafael C. Ramos moves to compel further responses to Request for Production of Document, Set One and for monetary sanctions against Defendant Ford Motor Company (Defendant Ford). Standard to Compel Further Responses to Requests for Production A party may move for an order compelling further responses to requests for the production of documents on the grounds that: (1) a s...

Excerpt: ...p, LLC d/b/a Riverside Nissan, shall be STAYED. The stay shall be automatically lifted upon the completion of the arbitration proceedings against Defendant Riverside Metro Auto Group, LLC d/b/a Riverside Nissan. The court SETS an ADR Review Hearing for January 11, 2024, at 8:30 a.m. in Department N15. Defendants Defendant Nissan North America, Inc.'s and Riverside Metro Auto Group, LLC d/b/a Riverside Nissan's evidentiary objections to the Declar...

Excerpt: ...eave to intervene. Standard for Intervention A non-party, who is referred to as an “intervenor,” may become a party to an action or proceeding between other persons by: (1) Joining a plaintiff in claiming what is sought by the complaint; (2) Uniting with a defendant in resisting the claims of a plaintiff; or (3) Demanding anything adverse to both a plaintiff and a defendant. (Code. Civ. Proc., § 387, subd. (b).) The non-party must request le...

Excerpt: ...y the proceedings in this case pending the resolution of the “underlying action”. Standard to Stay Proceedings “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489; see also Code Civ. Proc., § 128(a).) “[T]he power to stay proceedings is incidental to the power inherent in every court to co...

Excerpt: ...ntiary objections numbers 2-5 and 6-8, and OVERRULED as to the remainder of the objections. Defendants Kairos Manford Private Equity Fund I LP's; K-M GP Ltd's; Kairos Investment Management Company, LLC's; Manford Technologies Holding Limited Partnership's; and Carl Chang's evidentiary objections are OVERRULED as to all evidentiary objections. Defendants Kairos Manford Private Equity Fund I LP; K-M GP Ltd; Kairos Investment Management Company, LLC...

Excerpt: ... to the evidence presented as none were material to the disposition of this motion. (See Code Civ. Proc., § 437c(q).) Defendant California Automobile Insurance Company (Defendant CAIC) moves for summary judgment or, in the alternative, summary adjudication on the Complaint of Plaintiffs Matt Puccio and Lisa Puccio, individually and as trustees of the Puccio Family Trust dated September 5, 2007. Standard for Summary Judgment or Summary Adjudicati...

Excerpt: ... Joe Fodera as Judgment Debtor Successors to Plaintiff's Judgment Against Defendant Nick's Ristorante & Pizzeria, LLC Pursuant to California Labor Code 200.3") is GRANTED as to Exhibits E, F, H, K, L, and M, and DENIED as to Exhibit D. (See Evid. code, S 452, subds. (c), (h). ) Defendants Joe Fodera's and Elisa Fodera's Request for Judicial Notice is GRANTED as to Exhibits 1, 2, 3, and 4. (See Evid. Code, S 452, subds. (d). ) However, the court d...

Excerpt: ...ng Arbitration The right to arbitration depends upon contract, and thus, a motion to compel arbitration is akin to a suit in equity seeking specific performance of that contract. (See Little v. Pullman (2013) 21 g Cal.App.4th 558, 565.) The parties may, among other things, agree that the arbitration agreement will be controlled by the Federal Arbitration Act (FAA), which includes both procedural and substantive provisions. The FAA states that wri...

Excerpt: ...ure before Trial S g: 53. la (The Rutter Group 2022) ["It is not necessary to ask the court to take judicial notice of materials previously filed in the case; you should simply call the court's attention to such papers."].) Defendant CHCM, Inc., dba College Hospital Costa Mesa (Defendant CHCM) demurs to the 1st through 7th causes of action contained in the Complaint filed by Plaintiff Alex Alfonso Salaverria. Standard for Demurrer In ruling on a ...

Excerpt: ...he requirement that Plaintiff JPMorgan Chase Bank, N.A post a bond in order to obtain the writ of possession is WAIVED. Defendant Insurance Auto Collision Center (Defendant IACC) and/or Defendant Aram Grigorian (Defendant Grigorian) are ORDERED to post a bond in the amount of $102,350 if either of them wishes to prevent Plaintiff JPMorgan Chase Bank, N.A. from taking possession of the Subject Vehicle pursuant to the writ of possession or otherwis...

Excerpt: ...ori Smelts, and Ava Fisher. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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....

Excerpt: ...ent, LLC (Defendant BEI) demurs to all 5 causes of action plead in the Complaint filed by Plaintiff Linda Hong. Background This litigation revolves around the Imperial Spa located in Garden Grove, California (Spa). Plaintiff and her deceased husband, Howard Kea, founded the Spa in 2002 and the two of them managed and owned the Spa together with Defendants Joung Hee Kea (Defendant Kea) and Won Beom Lee (Defendant Lee). (Hong v. Lee, December 29, 2...

Excerpt: ...dgment, or in the Alternative, Summary Adjudication; and Attachment 4 to Exhibit 21 to Exhibit E, Exhibit H, and Attachment 4 to Exhibit 21 to Exhibit J to the Declaration of Maryam Arshad in Support of Defendants' Motion for Summary Judgment, or in the Alternative, Summary Adjudication. Defendants Kairos Manford Private Equity Fund I LP; K-M GP Ltd; Kairos Investment Management Company, LLC; Manford Technologies Holding LP; and Carl Chang move t...

Excerpt: ...o Compel Responses to Special Interrogatories and Requests for Inspection of Documents are taken OFF CALENDAR as moot. Plaintiff Bhuvneshwari Corporation's Motions to Compel Depositions are DENIED. All parties' requests for sanctions are DENIED. Plaintiff Bhuvneshwari Corporation's moves for Responses to Form Interrogatories, Special Interrogatories, and Requests for Inspection of Documents, a set of each of which was propounded on Defendants Ken...

Excerpt: ... P. Dibiasi, and the Declaration of Laurence C. Hall are OVERRULED Defendants Laguna Village Owners' Association, Inc. and Park West Landscape Maintenance, Inc. each separately move for summary judgment as to the Complaint for Premises Liability filed by Plaintiff Heidi McCollough. 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 mate...

Excerpt: ...uling. The court ORDERS that any peace officer personnel records disclosed to or discoverable by Plaintiff Ricardo Martinez shall not be used for any purpose other than a court proceeding pursuant to applicable law. Plaintiff Ricardo Martinez moves for an order directing the Orange County Sheriff-coroner Department to make available to Plaintiff for examination, inspection, and copying 8 categories of personnel records relating to Orange County s...

Excerpt: ... Special Motion 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 LJnited States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probabil...

Excerpt: ...pta v. Uber Technologies, et al., Orange County Superior Court Case No. 30-2020-01121607 (Gupta v. Uber Technologies Case), the court granted Defendant Uber's petition to confirm the same arbitration award at issue in this petition. (See Senesi Decl., 7 & Exh. 3.) It is true that the court's order dated October 26, 2022, from the Gupta v. Uber Technologies Case confirmed the entire arbitration award before the court here and all parties to the ar...

Excerpt: ...t be dismissed against Defendant San Young because the court sustained Defendant San Young's demurrer with leave to amend and Plaintiff Homelink Catering failed to amend the Complaint within the specified time period. Standard to Dismiss for Failure to Filed Amended Complaint The Civil Procedure Code states that: (f) The court may dismiss the complaint as to that defendant when: (1) Except where Section 597 applies, after a demurrer to the compla...

Excerpt: ...ions of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 154...

Excerpt: ...1st, 2nd, and 3rd Causes of Action contained in the First Amended Complaint (FAC) filed by Plaintiff NTHC, LLC. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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 ...

Excerpt: ...r Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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.) Questions of fact cannot be decided o...

Excerpt: ...Fees The Song-Beverly Act provides that: If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action. (Civil Code, 1794, subd. ...

Excerpt: ...etermine if they can agree on the issues listed below. At least 5 court days prior to the next hearing, the parties shall file, either jointly or separately, declaration(s) stating whether the parties were able to agree upon the following issues and if they were not able to agree, each party's position as to each issue: 1) the fair value of Plaintiff's shares of the Corporation (including Plaintiff Anthony Ernest Decuollo's percentage interest in...

Excerpt: ...ction, Set One, without objections and within 30 days of service of the notice of ruling. Defendant CHCM, Inc.'s Motion to Have Requests for Admissions Deemed Admitted is GRANTED. The Court ORDERS that Defendant CHCM, Inc.'s Requests for Admission be deemed admitted as against Plaintiff Alex Alfonso Salaverria. The court ORDERS that Plaintiff Alex Alfonso Salaverria pay to Defendant CHCM, Inc. sanctions in the amount of $1,365 (5 hours x $225 per...

Excerpt: ...ices Corporation's Request for Judicial Notice is GRANTED. (See Evid. code, S 4520.) Defendant AltaMed Health Services Corporation moves this court for a stay of these proceedings for up to go days to allow the united States to determine whether it will accept Defendant's tender of the defense in this case. 42 U.S.C. section 233 states: The remedy against the United States provided by sections 1346(b) and 2672 of Title 28, or by alternative benef...

Excerpt: ...and Authorities in support thereof, (ROA #293); 2. Unredacted Separate Statement of Undisputed Facts in Support of Defendants' Motion for Summary Judgment, or in the alternative, Summary Adjudication, (ROA #294); 3. Unredacted Declaration of Carl Chang in Support of Defendants' Motion for Summary Judgment, or in the alternative, Summary Adjudication and Exhibits A-D attached thereto, (ROA #292); and 4. Unredacted Declaration of Maryam Arshad in S...

Excerpt: ...tely, regarding the status of the criminal case so that the court may determine if the stay should be extended. Defendant Fritz Baumgartner, M.D. (Defendant Baumgartner) moves to stay this action pending resolution of his parallel criminal proceedings. Standard for Stay of Civil Proceedings Where There are Parallel Criminal Proceedings The Fifth Amendment of the United States Constitution provides that “No person . . . shall be compelled in any...

Excerpt: ...ucted by neuropsychologist Leah Ellenberg, Ph.D., and continue for no more than six hours of examination time in total, not including a one-hour break for lunch. The examination shall be audio recorded, pursuant to Plaintiff Bryson Galaz's request. No later than 03/31/2023, Defendants shall provide to counsel for Plaintiff Bryson Galaz an audio recording of the examination, as well as all written test materials, answer sheets, test data, scoring ...

Excerpt: ... pending completion of the arbitration. Standard for Compelling Arbitration The right to arbitration depends upon contract, and thus, a motion to compel arbitration is akin to a suit in equity seeking specific performance of that contract. (See Little v. Pullman (2013) 219 Cal.App.4th 558, 565.) The parties may, among other things, agree that the arbitration agreement will be controlled by the Federal Arbitration Act (FAA), which includes both pr...

Excerpt: ... the 2nd cause of action alleged in the First Amended Complaint (FAC) filed by Plaintiff Richard E. Dillon. Standard for Summary Judgment/Summary Adjudication “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, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defens...

Excerpt: ...e subject property (Premises). Standard for Preliminary Injunction A plaintiff seeking a preliminary injunction must: 1) present facts that show a reasonable probability that the plaintiff will prevail on the merits, (Fleishman v. Superior Court (2002) 102 Cal.App.4th 350, 356), and 2) show that the plaintiff will be harmed if a preliminary injunction is not granted, (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, ...

Excerpt: ...ry of liability based on financial elder abuse, and (4) replaces the medical malpractice cause of action with a negligence cause of action. Standard for Leave to Amend The Civil Procedure Code provides that: The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in...

Excerpt: ...on, which was set for 03/27/2023. Plaintiff filed an amended motion, (see ROA #118 & ROA #119), but inadvertently set a hearing date of 02/27/2023. The court will therefore continue this matter so that it may heard on the correct date. The court clerk shall give notice of this ruling. Motion to Seal Plaintiff Homelink Catering's Motion Pleading to Request for Case to be Seal to the Public is DENIED. Plaintiff Homelink Catering moves to seal the e...

Excerpt: ...contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Beca...

Excerpt: ...llenges 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.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complaint, a court will not consider f...

Excerpt: ...c. applies for a right to attach order and order for issuance of a writ of attachment against Defendant Integritox Laboratories, LLC. Standard for Right to Attach Order and Order for Issuance of Writ of Attachment Upon the filing of a complaint or at any time thereafter, the plaintiff may apply for a right to attach order (RTAO) and an order for issuance of a writ of attachment by filing an application with the court in which the action is brough...

Excerpt: ... of Good Faith Settlement Defendant Al's Engineering, Inc.'s Motion for Determination of Good Faith Settlement is GRANTED. Defendant Al's Engineering, Inc.'s Motion to Dismiss the Cross-Complaint filed against Defendant Al's Engineering in the related case (5 Coral Cove Way LLC v. Irie Kasinger, Case No. 30-2021-01229781) is GRANTED. Defendant Al's Engineering, Inc. (Defendant Al's Engineering) moves for an order 1) determining that Defendant Al'...

Excerpt: ...lackburn moves to consolidate the following cases: 1) Blackburn v. Mission Hills Investment Co. (Case Number 30-2021-01236425); 2) Blackburn v. Mission Hills Investment Co. (Case Number 30-2022-01248341). Standard for Consolidation “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions”. (Code Civ. Proc., § 1048, subd. (a)....

Excerpt: ...ht pursuant to Civil Procedure Code section 340.1. That statute allows a plaintiff who is 40 years or older to bring an action for childhood sexual assault, under certain circumstances, against the person who committed the childhood sexual assault and against third persons who were on notice of the misconduct that created a risk of childhood sexual assault and failed to guard against it. (See Code Civ. Proc., § 340.1.) The court is required to s...

Excerpt: ... of Good Faith Settlement Defendant Al's Engineering, Inc.'s Motion for Determination of Good Faith Settlement is GRANTED. Defendant Al's Engineering, Inc.'s Motion to Dismiss the Cross-Complaint filed against Defendant Al's Engineering in the related case (5 Coral Cove Way LLC v. Irie Kasinger, Case No. 30-2021-01229781) is GRANTED. Defendant Al's Engineering, Inc. (Defendant Al's Engineering) moves for an order 1) determining that Defendant Al'...

Excerpt: ...ssault, which are brought pursuant to Civil Procedure Code section 340.1. That statute allows a plaintiff who is 40 years or older to bring an action for childhood sexual assault, under certain circumstances, against the person who committed the childhood sexual assault and against third persons who were on notice of the misconduct that created a risk of childhood sexual assault and failed to guard against it. (See Code Civ. Proc., § 340.1.) The...

Excerpt: ...lackburn moves to consolidate the following cases: 1) Blackburn v. Mission Hills Investment Co. (Case Number 30-2021-01236425); 2) Blackburn v. Mission Hills Investment Co. (Case Number 30-2022-01248341). Standard for Consolidation “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions”. (Code Civ. Proc., § 1048, subd. (a)....

Excerpt: ...c. applies for a right to attach order and order for issuance of a writ of attachment against Defendant Integritox Laboratories, LLC. Standard for Right to Attach Order and Order for Issuance of Writ of Attachment Upon the filing of a complaint or at any time thereafter, the plaintiff may apply for a right to attach order (RTAO) and an order for issuance of a writ of attachment by filing an application with the court in which the action is brough...

Excerpt: ...e section 425.16 (Anti-SLAPP Statute). Standard for Special Motion 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 with a public issue shall be subject to a special motion to strike, unless the Court determines that th...

Excerpt: ...he final arbitration award issued on 05/04/2022 by Arbitrator Richard Aronson. Mootness Furthermore, Defendant Uber indicates that in the case of Gupta v. Uber Technologies, et al., Orange County Superior Court Case No. 30-2020-01121607 (Gupta v. Uber Technologies Case), the court granted Defendant Uber's petition to confirm the arbitration award at issue in the amended petition. (See Senesi Decl., ¶ 7 & Exh. 3.) The court's order dated 10/26/20...

Excerpt: ...nnovatech with the signed Form MC-053, Notice of the Order to Show Cause hearing set forth below, and notice of this ruling. Service shall be completed in the same manner that a summons and complaint must be served. Attorney Joseph Frondle  shall be relieved as counsel of record for Defendant Innovatech effective upon the filing of a proof of service showing timely service of the Judicial Council Form MC-053, Notice of the Order to Show Cau...

Excerpt: ...edigheh Battle. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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.) Questions o...

Excerpt: ...ions of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544...