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2022.01.06 Demurrer, Motion to Strike 532
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.06
Excerpt: ...f action on the grounds that the claim is untimely because it was brought beyond the four-year statute of limitations set forth in Civil Code §1791.1, subdivision (c) and Commercial Code §2725. Civil Code section 1791.1, subdivision (c), provides, “The duration of the implied warranty of merchantability and where present the implied warranty of fitness shall be coextensive in duration with an express warranty which accompanies the consumer go...
2022.01.06 Demurrer, Motion to Strike 057
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.06
Excerpt: ...ss (“IIED”) is alleged against Does 1-15. Ron Jackson was identified as Doe 1 by Doe Amendment filed on 6/16/21. The FAC alleges at paragraph 10 that Jackson was an employee of OCDE working as an aide at Harbor Learning Center, where he engaged in physical and emotional abuse of Plaintiff. The FAC alleges that Does 1-15 engaged in physical abuse of Plaintiff including withholding his lunch, grabbing and throwing Plaintiff, grabbing Plaintiff ...
2022.01.06 Demurrer, Motion to Strike 096
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.01.06
Excerpt: ...he recovery of damages and other legal and equitable relief.” Given the broad reference to “any obligation under this chapter,” a claim may be stated in connection with any provision of Civil Code §1793.2. Thus, this initial argument fails. Thereafter, Defendant demurs, asserting the claims are insufficiently specific. As noted by Defendant, statutory causes of action must be pleaded with particularity. (Covenant Care, Inc. v. Superior Cou...
2021.12.23 Motion to Strike 396
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.12.23
Excerpt: ...n, count, or defense. Specifications in a notice must be numbered consecutively.” Here the Notice of Motion states that Defendants “move the Court for an Order striking prayer for punitive damages and exemplary/punitive damages statement” from Plaintiff's Complaint.” (Notice, 2:1-3.) Therefore, the Notice does not comply with Rule 3.1322. Merits: Civil Code § 3294(a) provides for punitive damages: “In an action for breach of an obligat...
2021.12.23 Motion to Compel Further Responses 998
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.12.23
Excerpt: ...sponses were not ready and he had a trial beginning on June 1 and an appellate brief due on June 11, which would prevent him from completing the responses until July. Plaintiff refused the request for an additional extension. On 5/21/21, Defendant served objections-only responses to the written discovery. After Plaintiff's counsel sent a meet and confer letter, Defendant's counsel agreed to supplement the responses by 7/2/21. However, the supplem...
2021.12.23 Motion to Compel Further Responses 570
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.12.23
Excerpt: ...atory by any of the following: ¶ (1) An answer containing the information sought to be discovered. ¶ (2) An exercise of the party's option to produce writings. ¶ (3) An objection to the particular interrogatory.” If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the interrogatories. (Coy v. Sup.Ct. (1962) 58 Cal.2d 210, 220-221; Fairmont Ins. Co. v. Sup.Ct. ...
2021.12.23 Motion to Compel Deposition, to Quash Discovery Subpoena 529
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.12.23
Excerpt: ...ers 1-16 and 18, 20, 22, and 23 is GRANTED, in part, and DENIED, in part. Code of Civil Procedure section 2025.450, subdivision (a) provides: “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examinatio...
2021.10.28 Motion to Set Aside or Vacate Judgment 341
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.28
Excerpt: ...ment, and on denial of the motion may have the validity of the judgment reviewed upon an appeal from the order denying the motion. (Luckenbach v. Laer, 190 Cal. 395, 398 [212 P. 918] ...; 3 Witkin, Cal. Procedure (1954) p. 2177.)” (Ryerson v. Riverside Cement Co. (1968) 266 Cal.App.2d 789, 795, 72 Cal.Rptr. 595.) “[O]ne whose rights or interests are injuriously affected by any appealable order made in an action to which he is not a party, [ma...
2021.10.28 Motion to Compel Answers, for Sanctions 258
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.28
Excerpt: ...hile Defendant identifies witnesses, it has not offered addresses or telephone numbers, for all individuals identified, as requested. While Defendant indicates it “has identified all known witnesses and provided all known contact information,” Plaintiff is correct in asserting entitlement to a response which complies with C.C.P. §2030.220. To the extend Defendant has provided all information in its possession, it should so state and, to the ...
2021.10.28 Motion for Summary Judgment, Adjudication 713
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.28
Excerpt: ... 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 defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plai...
2021.10.28 Demurrer, Motion to Strike 920
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.28
Excerpt: ...tentional infliction of emotional distress (“IIED”) are: (1) outrageous conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. (Vasquez v. Franklin Management Real Estate Fund, Inc. (2013) 2...
2021.10.28 Demurrer 059
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.28
Excerpt: ...udicial notice has been taken.” (Id.) “[I]f a plaintiff pleads a claim that fails to state a cause of action, a demurrer is properly sustained[.]” (Boxer v. City of Beverly Hills (2016) 246 Cal. App. 4th 1212, 1225.) “Where the complaint is defective, ‘[i]n the furtherance of justice great liberality should be exercised in permitting a plaintiff to amend his [or her] complaint.'” (Redfearn, 20 Cal. App. 5th at 996.) “[L]eave to amen...
2021.10.21 Motion for Discovery Sanctions, to Compel Answers 258
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ...esponding party to justify any objection.” (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255, citing Coy v. Superior Court (1962) 58 Cal.2d 210, 220-221). Given Defendant does not address its objections, the Court finds the majority of the objections have been abandoned; however, it is worth noting Defendant asserted both the “attorney-client privilege” and the “attorney work-product” privilege in response to each of these...
2021.10.21 Application for TRO 871
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ... in concert with Defendants, from placing eGumball back on the MATCH list pending a hearing on a Preliminary Injunction. MATCH is an acronym for Member Alert to Control High-Risk Merchants; it is a compliance program run by MasterCard that provides acquirers the ability to review certain merchant risk information before entering into a merchant agreement. (Scofield Decl., ¶ 13.) Here, Visa was investigating two pharmaceutical websites that were ...
2021.10.21 Demurrer, Motion to Strike, to Quash 504
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ...presentation: The elements of a claim for fraud based on an affirmative representation are (1) a false representation of material facts, (2) knowledge of falsity, (3) intent to defraud, (4) actual and justifiable reliance, and (5) damages. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) The elements of a cause of action for fraud based on concealment are: (1) the defendant concealed or suppressed a material fact, (2) the defendant was under...
2021.10.21 Motion to Set Aside Default 964
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ...him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (CCP § 473(b).) “[T]he court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which ...
2021.10.21 Motion to Compel Further Responses, Production of Docs 984
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ... of written discovery requests to plaintiff specially tailored towards discovering plaintiff's background and basic contentions in this action. (Declaration of Cary Mullen ¶ 2; Exhibit A.) Plaintiff served unverified responses on May 14, 2021. (Mullen Decl. ¶ 3; Exhibit B.) Between June 24 and 25, 2021, KMA's counsel met and conferred with plaintiff's counsel articulating the deficiencies in plaintiff's discovery responses including plaintiff's...
2021.10.21 Motion to Quash Subpoena 185
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ...er, depression, anxiety, fatigue, loss of energy, poor concentration, decreased appetite, excessive worry, muscle aches, irritable mood, hopelessness, tearfulness, restlessness, loss of pleasure in daily activities, excessive guilt, sleeping too much, and thoughts of dying, for treatment of Jodie Arizona Elliott for the period of March 15, 2019 to August 15, 2021, from the following medical providers: William On Woo, M.D.; Mayra Noema Torres, LMF...
2021.10.21 OSC Re Preliminary Injunction 670
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.10.21
Excerpt: ...party.” The burden is on Plaintiff to show all elements necessary to support issuance of the injunction. O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1481. “A superior court must evaluate two interrelated factors when ruling on a request for a preliminary injunction: (1) the likelihood that the plaintiff will prevail on the merits at trial and (2) the interim harm that the plaintiff would be likely to sustain if the injunction wer...
2021.09.30 Motion to Compel Arbitration 785
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.30
Excerpt: ...vance. On a motion to compel arbitration, the trial court must first determine whether “an agreement to arbitrate the controversy exists.” (Code Civ. Proc. § 1281.2) “When presented with a petition to compel arbitration, the initial issue before the [trial] court is whether an agreement has been formed.” (Diaz v. Sohnen Enterprises (2019) 34 Cal.App.5th 126, 129.) “Because the existence of an agreement is a statutory prerequisite to gr...
2021.09.30 Motion to Compel Arbitration 344
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.30
Excerpt: ... Article XVII, section 1 of the CC&Rs provides: “ENFORCEMENT. The Association, or any owner, shall have the right to enforce by proceedings at law or in equity, all restrictions, conditions, covenants and reservations, now or hereafter imposed by the provisions of this Declaration or any amendment thereto, including the right to prevent the violation of any such restrictions, conditions, covenants, or reservations and the right to recover damag...
2021.09.30 Motion for Summary Judgment, Adjudication 102
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.30
Excerpt: ...ed Material Facts (“UMFs”). In support of her motion, Plaintiff presents evidence of the following facts:  On or about 4-6-1999, Alan Bramlett opened a “Roth IRA” account with Defendant Vanguard Group, Inc. (UMF 2)  On or about 4-9-1999, Alan Bramlett designated Anthea L. Bramlett as his 100% beneficiary on the Roth IRA account. (UMFs 3-7)  On or about 4-14-1999, Alan Bramlett opened a traditional IRA account with Defendant. (UMF...
2021.09.30 Motion for Compel Arbitration 352
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.30
Excerpt: ...f it determines that an agreement to arbitrate the controversy exists, unless it determines that: ¶ (a) The right to compel arbitration has been waived by the petitioner; or ¶ (b) Grounds exist for rescission of the agreement. ¶ (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibil...
2021.09.30 Demurrer, Motion to Strike 173
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.30
Excerpt: ...Section 1941.1 defines an uninhabitable dwelling. However, Civil Code section 1940 demonstrates a legislative intent to exclude hotels from the definition of a dwelling under that section. Moreover, Plaintiff has not cited any legal authority holding that a violation of section 1941.1 gives rise to a private cause of action. Similarly, Plaintiff has failed to show that a violation of Health and Safety Code section 17920.3 gives rise to a private ...
2021.09.30 Demurrer 907
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.30
Excerpt: ....4th 656, 661-665.) Applicable privileges include the privilege for publications made in a judicial proceeding under Civil Code section 47(b). (Ibid.) Here, the fifth cause of action in the FACC is based on Cross-Defendant “asserting frivolous claims that Cross-Complainants do not have rights to continue occupying, using and maintaining the decks and gangways…” (FACC ¶ 52.) The alleged publication includes sending “written demands to Cro...
2021.09.23 Motion for Judgment on the Pleadings 991
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.23
Excerpt: ...or he has suffered only economic losses.” (Robinson Helicopter, Co., Inc. v. Dana Corp. (2004) 34 Cal. 4th 979, 988 [internal quotations and citations omitted].) Economic loss consists of “damages for inadequate value, costs of repair and replacement of the defective product or consequent loss of profits – without any claim of personal injury or damages to other property ....” (Id. [internal quotations and citations omitted].) “The econ...
2021.09.23 Demurrer, Motion to Strike 423
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.23
Excerpt: ...from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2...
2021.09.23 Motion to Compel Production 459
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.23
Excerpt: ...rds and time sheets. Request no. 4 seeks documents relating to business related travel expenses and/or mileage reimbursements to Andrade. Code of Civil Procedure section 2031.210(a) states: “(a) 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 inspe...
2021.09.23 Motion to Compel Deposition 226
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.23
Excerpt: ... moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record. A proof of service must be filed with the court clerk at least 5 court day...
2021.09.23 Motion for Summary Judgment, Adjudication 113
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.23
Excerpt: ...(ROA 66) because they are not in the form required by CRC, Rule 3.1354. Rather than object to specific evidence, Defendant offers objections to each of Plaintiff's responses to the Undisputed Material Facts. (See Hodjat v. State Farm Mut. Auto. Ins. Co. (2012) 211 Cal.App.4th 1, 8, finding the trial court did not abuse its discretion when it refused to rule on objections which did not comply with CRC 3.1354). Defendant's “Undisputed” Material...
2021.09.16 Motion to Compel Further Responses 888
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.16
Excerpt: ...nses to those requests within 15 days of this order. The motion is DENIED as to RFAs 10-14, 34 and 36. Both parties' requests for sanctions are DENIED. As a preliminary matter, the Court notes that Plaintiff's separate statement fails to comply with CRC, Rule 3.1345(c). The RFAs responses in question each incorporate Defendant's response to RFA 1. Plaintiff did not include that response in the separate statement. Rule 3.1345(c) requires that the ...
2021.09.16 Motion for Summary Judgment, Adjudication 798
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.16
Excerpt: ...t to a subpoena served on February 19, 2021. Bowermaster moves pursuant to Code of Civil Procedure section 1987.1 and 2025.480. Code of Civil Procedure section 1987.1 states, in part, “(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonab...
2021.09.16 Demurrer 935
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.09.16
Excerpt: ...d access. (Id. at ¶ 5.) The easement has been subject to litigation between Defendant Yee and the prior property owners, resulting in Stipulated Judgments in 2003 and 2013. (Id. at ¶¶ 5-9.) After learning of the prior stipulated judgments, Plaintiff approached Defendant in an attempt to avoid any litigation related to the easement. (Complaint ¶ 10.) Defendant responded by stating, through counsel, a number of objections to the proposed housin...
2021.08.26 Motion to Seal 729
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.08.26
Excerpt: ...r proof of service in the future or risk the motion being denied for lack of proper service. In this instance, an Opposition was filed. Thus, the Court will address the merits. Plaintiff's Reply was filed 3 court days late. The Court will consider the Reply in its discretion. Moreover, both parties failed to comply with California Rules of Court, Rule 3.1110(f)(4), which provides: “Electronic exhibits must meet the requirements in rule 2.256(b)...
2021.08.26 Motion for Summary Judgment, Adjudication 091
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.08.26
Excerpt: ... Objections to Plaintiff's Expert's Declaration Nos. 1, 2, 4, 5, and 6, are SUSTAINED and Nos. 3 and 7 are OVERRULED. Plaintiff failed to comply with California Rules of Court, Rule 3.1110(f)(4), which provides: “Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmar...
2021.08.26 Demurrer 199
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.08.26
Excerpt: ...dge of falsity (or “scienter”); (c) intent to defraud, i.e. to induce reliance; (d) justifiable reliance; and (e) resulting damage.” ' ” (Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal. 4th 951, 974.) “In California, fraud must be pled specifically; general and conclusory allegations do not suffice.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.) “This particularity requirement necessitates pleading facts which show how,...
2021.08.19 Demurrer, Motion to Dismiss 963
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.08.19
Excerpt: ...e paragraph and must state whether it applies to the entire complaint, cross- complaint, or answer, or to specified causes of action or defenses.” Rule 3.1320(c) provides, “A party filing a demurrer must serve and file therewith a notice of hearing that must specify a hearing date in accordance with the provisions of Code of Civil Procedure section 1005 and, if service is by electronic means, in accordance with the requirements of Code of Civ...
2021.08.19 Demurrer 795
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.08.19
Excerpt: ...e a cause of action. Cross-Defendant's counsel filed a declaration attempting to show compliance with Code Civ. Proc. § 430.41. (Declaration of Neil M. Katsuyama.) Code Civ. Proc. § 430.41 states: “(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be ...
2021.08.19 Motion for Summary Judgment, Adjudication 798
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.08.19
Excerpt: ...as met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.” Code of Civil Proce...
2021.08.19 Petition to Compel Arbitration, Deposition, Production of Docs 602
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.08.19
Excerpt: ...arbitrate the instant action is CONTINUED to September 10, 2021. At the prior hearing, the Court requested additional briefing on the issue of whether the failure to comply with the requirements of Code of Civil Procedure section 1295 in the subject Arbitration Agreement renders it unenforceable. Although both parties have provided supplemental briefing as requested by the court, neither party has addressed Hedges v. Carrigan (2004) 117 Cal.App.4...
2021.08.12 Motion to Compel Further Responses 991
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.08.12
Excerpt: ...s now moot. The Court considers the late Opposition. Special Interrogatory No. 51 states: “Please list all Technical Service Bulletins applicable to the SUBJECT VEHICLE, including previously issued technical service bulletins that have been superseded.” In response, Defendant relies on Code of Civil Procedure § 2030.230 and identifies documents from which a response may be ascertained. Plaintiff does not explain in the moving papers or Separ...
2021.08.12 Motion for Determination of Good Faith Settlement 342
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.08.12
Excerpt: ... Regional Center of Orange County (“RCOC”) to provide caregiver staff for an adult day care program at Integrity House. Integrity House is operated by Defendant Alliance of Abilities (“Alliance”), which provides day program services under contract with RCOC. Alliance did not directly employ Plaintiff at Integrity House, where she was assigned to work for about two years. Rather, Plaintiff's employer was Maxim, which paid her and provided ...
2021.08.12 Demurrer 984
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.08.12
Excerpt: ...' leave to amend. A demurrer can only be used to challenge defects that appear on the face of the pleading or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) No other extrinsic evidence can be considered. (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.) “The California Supreme Court has consistently held that a plaintiff is required only to set forth the essential facts ...
2021.08.12 Demurrer 322
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.08.12
Excerpt: ...ended complaint identifying Advance OC as Doe 2. Plaintiff's application was granted on 4/22/21 and the SAC was filed on 5/5/21. Defendant contends that Plaintiff did not comply with Civil Procedure section 474 by serving Defendant with a notice that it was being served as a fictitious defendant. However, this defect does not appear on the face of the pleading and can be remedied by Plaintiff. Plaintiff fails to allege that Advance OC caused or c...
2021.07.29 Motion to Compel Further Responses 141
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.07.29
Excerpt: ...Corp 6. Motion to Compel Response to Requests for Admissions filed by Plaintiff Balboa Capital Corp 7. Motion to Compel Production filed by Plaintiff Balboa Capital Corp 8. Motion to Compel Production filed by Plaintiff Balboa Capital Corp MOTION NO. 1 Balboa Capital Corporation's motion to compel defendant Maman L. Ali, an individual, to provide further verified responses to Balboa's Form Interrogatories, Set No. One, is GRANTED. Code of Civil P...
2021.07.29 Motion to Compel Arbitration, Demurrer, Motion to Strike 327
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.07.29
Excerpt: ...ong-Beverly Consumer Warranty Act – Breach of Express & Implied Warranty” against the manufacturer, Hyundai Motor America. The dealer, Westlake Imports, is not a party to this action. Defendant contends this case is subject to arbitration based on the following language from the Retail Installment Sale Contract (“Contract”) between Plaintiff and the third-party dealer: “ARBITRATION PROVISION PLEASE REVIEW – AFFECTS YOUR LEGAL RIGHTS 1...
2021.07.29 Motion to Compel Arbitration 631
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.07.29
Excerpt: ...ate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: ¶ (a) The right to compel arbitration has been waived by the petitioner; or ¶ (b) Grounds exist for rescission of the agreement. ¶ (c) A party to the arbitration agreement ...
2021.07.29 Motion for Leave to Amend 185
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.07.29
Excerpt: ...f. A party seeking leave to amend a pleading already at issue must seek leave of court by way of noticed motion.  CCP §473(a)(1).  The moving party must include the proposed amended pleading with the moving papers and specify, by page, paragraph and line number, the allegations proposed to be deleted and added.  In addition, the moving party must file a separate declaration which specifies: “(1) the effect of the amendment; (2) why the a...
2021.07.29 Demurrer 890
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.07.29
Excerpt: ...laims alleged against PPII and addressed in the parties' papers. 1st cause of action for Conversion. “Conversion is the wrongful exercise of dominion over the property of another. The elements of a conversion claim are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or disposition of property rights; and (3) damages. Conversion is a strict liability tort. The foundation of ...
2021.07.22 Petition to Compel Arbitration, Deposition, Production of Docs 602
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.07.22
Excerpt: ...les Wortham, by and through his Successor in Interest, Rose Wortham to arbitrate the instant action pursuant to the Arbitration Agreement executed on June 8, 2020 is DENIED. Code of Civil Procedure section 1295 applies to contracts for medical services which contain a provision for arbitration of any dispute as to professional negligence of a health care provider. Specifically, subdivision (b) of section 1295 requires that:“Immediately before t...

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