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2021.04.16 Motion to Strike 555
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.04.16
Excerpt: ...nt Robert Berman, HJL's CEO, contacted Arthur Cohen, founder and national managing partner of CSuite, an entity with which Plaintiff was listed. Berman informed Cohen that Plaintiff “had made unauthorized and fraudulent changes to company vacation hours records for his personal monetary gain.” After the conversation, HJL filed a cross-complaint against Plaintiff for breach of contract and breach of fiduciary duty, based on the allegations tha...
2021.04.09 Motion for Reconsideration 629
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.04.09
Excerpt: ...that Plaintiff had engaged in similar fraudulent conduct with other third parties and is the subject of other pending lawsuits by third parties. This information, however, does not constitute “new” “facts” or “circumstances” which “could not, with reasonable diligence, have been discovered and produced at the time of the prior motion” as required. (See Forrest v. State Of California Dept. Of Corporations (2007) 150 Cal.App.4th 183...
2021.04.09 Motion for Summary Judgment 145
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.04.09
Excerpt: ...able issue with respect to same. Defendants Brite Dental (“Moving Defendant”) contends Plaintiff's entire action is time barred because Plaintiff received dental treatment of a root canal therapy and placement of the crown on tooth #30 from Moving Defendant on December 1 and 10, 2015; Plaintiff was forced to visit an emergency dental care facility due to frequent pain and loss of hearing in or about June 2016; on June 29, 2016, Plaintiff was ...
2021.04.02 Motion to Strike Complaint 037
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.04.02
Excerpt: ...bdivision (c) provides: “(1) ‘Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. [¶] (2) ‘Oppression' means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. [¶] (3) ‘Fraud' means an intentional misr...
2021.04.02 Motion for Change of Venue 273
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.04.02
Excerpt: ...es Defendant L&N has its principal place of business in Los Angeles County; that Defendant LEDERER resides in Los Angeles County; and that Defendant NOJIMA resides in Los Angeles County. (See Complaint, ¶¶ 2-4.) As such, pursuant to Code of Civil Procedure section 395(a), Los Angeles County is the proper venue for this action. In Opposition, Plaintiff contends Orange County is a proper venue because attorney Keith Bruno, a partner in the law fi...
2021.04.02 Demurrer 841
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.04.02
Excerpt: ...on 1089 expressly permits a party to respond to a petition for a writ of mandate by demurrer, verified answer or both. Here, along with the Amended Petition, Petitioner submits a supporting memorandum, declarations, and the administrative record. Since these documents are part of Petitioner's Petition, Amended Petition and the court's records, the court may properly consider them in ruling on this demurrer. (See Scannell v. Wolff (1948) 86 Cal.Ap...
2021.03.23 Motion for Discovery Sanctions 437
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.03.23
Excerpt: ...f the date of this order. Defendant and Cross-Complainant, Jacqueline Miller (“Miller”) moves, pursuant Code of Civil Procedure sections 2031.320 and 2023.030, for an order for issue sanctions and evidentiary sanctions against Cross-Defendant Bruce Elieff (“Elieff”), or in the alternative, striking Elieff's Answer in this case and entering default against Elieff. In addition, Miller moves for an order that Elieff and Elieff's attorney, Je...
2021.03.23 Demurrer 010
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.03.23
Excerpt: ... section 800(b)(2). (Bader v. Anderson (2009) 179 Cal.App.4th 775, 793 (“Bader”).) California's demand requirement under Corporations Code section 800(b)(2) requires that the plaintiff in a shareholder derivative suit “ allege [] in the complaint with particularity plaintiff's efforts to secure from the board such action as plaintiff desires, or the reasons for not making such effort, and allege[] further that plaintiff has either informed ...
2021.03.18 Motion to Compel Production 930
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.03.18
Excerpt: ...g, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general.” Subdivision (b) of that statute states that a motion compell...
2021.03.18 Demurrer, Motion to Strike 078
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.03.18
Excerpt: ...) is OVERRULED in its entirety. As an initial matter, the Court notes the Declaration of Marc H. Gaber, counsel for Defendant, Pearce Services, LLC (“Defendant” or “Pearce”) does not provide that counsel met and conferred concerning the grounds for demurrer pursuant to Code of Civil Procedure section 430.41. However, the e-mail dated 10-27-20, attached as Exhibit B to the Declaration of Marc H. Garber, provides, “I Just [sic] wanted to ...
2021.03.18 Demurrer 221
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.03.18
Excerpt: ...revail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) the plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186; see CACI No. 303.) Here, the complaint alleges the following: 1. WSA and TCT entered into the Master Services Agreement on 3-27-17, attached as ...
2021.03.11 Demurrer 191
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.03.11
Excerpt: ... the property in San Juan Capistrano and when Plaintiff SHAMSY took possession of the Property thereafter. (See Complaint, ¶¶ 6 and 9.) As such, the doctrine of part performance takes this case outside the statute of frauds. (Sutton v. Warner (1993) 12 Cal. App. 4th 415, 422.) Further, Family Code sections 721, 851 and 852 have no bearing on whether Plaintiffs properly pled a cause of action for breach of contract and Plaintiffs and Defendant a...
2021.03.04 Demurrer, Motion to Strike 245
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.03.04
Excerpt: ...d/or employment.” (See Complaint, ¶¶ 9 and 11.) “Civil conspiracy is not an independent tort. Instead, it is “a legal doctrine that imposes liability on persons who, although not actually committing a tort themselves, share with the immediate tortfeasors a common plan or design in its perpetration. [Citation.] By participation in a civil conspiracy, a coconspirator effectively adopts as his or her own the torts of other coconspirators wit...
2021.03.04 Motion to Expunge Lis Pendens, to Set Aside or Vacate Dismissal 103
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.03.04
Excerpt: ...dence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.” (Code Civ. Proc., § 405.30.) Here, as of February 22, 2021, the motion is unopposed. Consequently,...
2021.03.04 Demurrer, Motion to Strike 763
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.03.04
Excerpt: ...VERRULES the demurrer to the Second COA, and SUSTAINS WITHOUT LEAVE TO AMEND the demurrer to the Third COA. Defendant KIC's Motion to Strike is DENIED. RFJN is granted. 2nd COA (breach of the implied covenant of good faith and fair dealing): Defendant argues the “genuine dispute doctrine” is a complete defense to this claim, and applies here because Plaintiff's complaint admits the denial of coverage was based on the application of an exclusi...
2021.03.04 Motion to Compel Answers 373
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.03.04
Excerpt: ...o provide further responses, without objections, to Plaintiffs Fatemeh Hosseini's and Masoud Ziaie's Form Interrogatories- General-Set Two, Nos. 15.1, and 17.1, as well as an order for terminating sanctions for the repeated failure to comply with basic discovery, or in the alternative, issue sanctions, or in the alternative, monetary sanctions in the amount of $5,804.50 against R&R and its attorney of record, Philip Geurts, jointly and severally....
2021.02.23 Demurrer 008
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.02.23
Excerpt: ...ivil Procedure section 340.5. A demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily, barred…In order for the bar…to be raised by demurrer, the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows that the action may be barred.” (Committee for Green Foothills v. Santa Clara County Board of Supervisors (2010) 48 Cal.4 th 32, 42....
2021.02.09 Motion to Compel Production of Docs, to Quash Subpoena 955
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.02.09
Excerpt: ...e a privilege log for all records withheld on the basis of privilege; and (3) pay monetary sanctions in the amount of $2,832.50. The Court finds Plaintiff made reasonable and good faith attempts to meet and confer to resolve the issues presented in this motion. (See Motion, Declaration of Lindsay N. Frazier- Krane (“Frazier-Krane Decl.”), ¶¶11-22, Exhs. 3-9.) The Court also finds Plaintiff has demonstrated good cause for the documents sough...
2021.02.09 Motion to Compel Answers, to Deem RFAs Admitted 882
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.02.09
Excerpt: ...rogs (13) Motion to Deem RFAs Admitted Tentative Ruling: The Court has considered all papers filed by the parties and its own records. It rules on the 13 discovery motions brought by 4 defendants against plaintiff as follows: (1-4) MOTIONS 1 – 4, brought by River Oaks Apartments LLC 1. Compel Further Responses to Form Interrogatories General and Employment, Set 1 Defendant River Oaks Apartments' Motion is GRANTED. Plaintiff Samuel Benevides is ...
2021.02.09 Motion for Summary Judgment 625
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.02.09
Excerpt: ...ewing a summary judgment motion. (Hansra v. Superior Court (1992) 7 Cal.App.4th 630, 638.) The court first “ ‘identif[ies] the issues framed by the pleadings since it is these allegations to which the motion must respond by establishing a complete defense or otherwise showing there is no factual basis for relief on any theory reasonably contemplated by the opponent's pleading. [Citations.][¶].' ” (Ibid.) Second, the court “‘determine[s...
2021.02.09 Motion for Right to Attach, for TRO, to Issue Writ of Attachment 100
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.02.09
Excerpt: ...ing this motion as a Plaintiff and seeking relief relative to her complaint, or which complaint. Indeed, the motion does not refer to any operative pleading other than Abernethy's. It appears the operative complaint when this motion was filed (on 10-15-2020) was the Second Amended Complaint by Wayne A. Hagendorf, as Trustee of the Butch Trust filed on 11-26-2019. On 11-30-2020 Judge Delaney sustained portions of the demurrer to the SAC (see ROA 5...
2021.02.09 Demurrer, Motion to Strike, to Stay Proceedings 201
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.02.09
Excerpt: ...bitration and to Stay the Action is GRANTED as follows. The Court finds STRECKER met his initial burden of establishing an agreement to arbitrate exists between him and Plaintiffs/Cross-Defendants Mohtasham Shalikar and Maria Shalikar (collectively “SHALIKARS”). The parties executed the Legal Services Agreement and section 14 thereof contains an agreement to arbitrate “any dispute” between them. (See Strecker Decl., ¶, Exh. A, section 14...
2021.02.03 Motion to Compel Further Responses 445
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.02.03
Excerpt: ...ted therewith. That information may be subject to supplementation does not excuse a party from providing a complete and straightforward response. No. 8.8 – GRANT as to (b), (d). That information may be subject to supplementation does not excuse a party from providing a complete and straightforward response. No. 50.1 – GRANT. The response is non-responsive. No. 50.2 – GRANT. The response is non-responsive. Sanctions are awarded in the amount...
2021.02.03 Motion for SLAPP 876
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.02.03
Excerpt: ...neys engaged in “abuse of their ‘Litigation Privilege'” (Complaint page 2:10-11.) At page 8:8-11, Plaintiff pleads that “All of these, and more, vicarious and egregious actions were done to an Elderly (going on 80 years old) male, in poor and declining health senior citizen and in a Related and Relevant case, the Sexual harassment, of a female senior citizen whom lives in a so-called ‘safe and secure' senior citizen retirement community...
2021.02.03 Motion for Sanctions 373
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.02.03
Excerpt: ...the grounds Defendants had no basis to move to disqualify counsel in this matter, and filed a baseless motion to annoy, harass, and increase the litigation costs in this matter in violation of Code of Civil Procedure sections 128.5 and 128.7. In all civil cases, the judge may order a party or counsel, or both, “to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad fai...

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