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: ...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: ... -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: ...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: ...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: ...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: ..., 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: ...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: ...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: ... 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: ...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: ... 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: ...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....