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: ...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...