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2021.02.03 Demurrer, Motion to Strike 507
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.02.03
Excerpt: ...closure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.' [Citations.]” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) “Fraud may be pled specifically and general and conclusory allegations do not suffice. (Id. at p. 645.) To survive demurrer, plaintiff must plead facts that “show how, when, where, to whom, and by what means the represen...
2021.01.26 Motion to Quash Subpoena 445
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.01.26
Excerpt: ... Kolodny is the former attorney of plaintiffs Kimberly Jones and 150 Newport Center Drive, LLC (collectively, “Plaintiffs”), and that Barnes & Thornburg is his law firm. Defendants argue Plaintiffs have waived the attorney-client privileged based on Chicago Title Ins. Co. v. Superior Court (1985) 174 Cal.App.3d 1142. However, Chicago Title does not support a finding of waiver here. Unlike the attorney in Chicago Title, Kolodny and his law fir...
2021.01.26 Motion to Compel Answers 956
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.01.26
Excerpt: ...igation and possible criminal proceedings. A court may stay discovery involving civil defendants facing possible criminal prosecution involving the same facts as the civil action. (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 688-690.) Defendants Ulices Rangel and Keren Jemima Zuniga (“Moving Defendants”) show that, they have been, and are, subject to a criminal investigation, the basis of which relates to plaintiff. (Declaration...
2021.01.26 Motion for Summary Judgment, Adjudication 888
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.01.26
Excerpt: ...at the latter should procure additional or different insurance coverage.” (Fitzpatrick v. Hayes (1997) 57 Cal.App.4 th 916, 927.) “The rule changes, however, when-but only when- one of the following three things happens: (a) the agent misrepresents the nature, extent or scope of the coverage being offered or provided (as in Free, Desai and Nacsa), (b) there is a request or inquiry by the insured for a particular type or extent of coverage (as...
2021.01.21 Motion for Summary Judgment, Adjudication 281
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.01.21
Excerpt: ... 6310 (Issue Nos. 1 to 3), Third Cause of Action for Violation of Ralph Act in Violation of Civil Code § 51.7 (Issue Nos. 4 to 6), Fourth Cause of Action for Interference in Violation of California Family Right Act (Issue Nos. 7 to 11), Fifth Cause of Action for Violation of Labor Code § 1102.5 (Issue Nos. 12 to 14), Sixth Cause of Action for Discrimination in Violation of FEHA (Issue Nos. 15 to 19), Seventh Cause of Action for Retaliation in V...
2021.01.12 Application for Right to Attach Order, Writ of Attachment 126
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.01.12
Excerpt: ...lton and nonparty Lisa Helton's Claim of Exemption is GRANTED in part. Evidentiary Objections: Plaintiff's Objections to the Declaration of Kim Helton are overruled. Plaintiff's Objections to the Declaration of Joey P. Moore are sustained as to Nos. 1, 4, 5 and 6, but overruled as to Nos. 2 and 3. Plaintiff's Applications: Plaintiff Case, Ibrahim & Clauss, LLP (“Plaintiff”) applies, pursuant to Code of Civil Procedure section 483.010, for a r...
2020.12.10 Motions to Quash 542
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.12.10
Excerpt: ...n Center (ROA 99) 8. Golden Care dba Empress Rehabilitation Center (ROA 101) County Villa Belmont Heights Healthcare Center (ROA 100) The subpoenas may be divided into 2 categories: 1. Subpoenas to prior or current employers (Motions 1, 2, 4, 5, 6, 8, 9); and 2. Subpoenas to medical providers (Motions 3, 7) MOTIONS 1, 2, 4, 5, 6, 8, 9: Plaintiff moves to quash deposition subpoenas to past or current employers: Telecare Corporation; St. Francis Me...
2020.12.09 Demurrer, Motion to Strike 768
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.12.09
Excerpt: ...nt to Civil Code section 1793.2(a)(3). (FAC ¶¶ 97, 98.) Defendant cites no authority which requires further identification of the repair facility, literature or replacement parts at issue. 5th COA: The Demurrer to the Fifth COA (Breach of the Implied Warranty of Merchantability) is SUSTAINED with leave to amend, on the basis the claim is barred by the applicable statute of limitations and Plaintiffs have insufficiently alleged tolling. The four...
2020.12.09 Demurrer 234
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.12.09
Excerpt: ... by defendant, and (4) damages. (Coles v. Glaser (2016) 2 Cal.App.5th 384, 391.) To the extent that Rodarte alleges a breach of contract based on her standing as a third- party beneficiary of a contract between Spectrum, on the one hand, and Aliso Villas and/or Accell, on the other hand, the COA fails because the first and second elements are not adequately alleged. To the extent Rodarte alleges a breach of contract based on her standing as a dir...
2020.12.09 Demurrer 155
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.12.09
Excerpt: ...Defendant's arguments in support of this demurrer are persuasive on the record presented. Uncertainty: Defendant contends the FAC is uncertain, ambiguous and unintelligible because Plaintiff fails to identify the location of the road easement specifically at-issue and identify which portions need to be repaired and/or allege if Defendant is a beneficiary of the B-2 easement and which portions of the road she travels which would require her contri...
2020.12.01 Motion to Compel Further Responses 279
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.12.01
Excerpt: ...oncerns those RFAs, within 14 days after service of notice of this order. Plaintiff Miguel Cuevas (“Plaintiff”) moves for an order compelling Defendant Jae Yon Han (“Defendant”) to provide further responses to RFA Nos. 1, 2, 3, 4, and 5, and to Form Interrogatory 17.1 (collectively “subject requests”), and imposing monetary sanctions of $4,588.00 against Defendant and her counsel. Defendant opposes the motion on the grounds that her r...
2020.11.20 Motion for Attorney Fees 296
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.11.20
Excerpt: ...f certain documents. The Court declines to award costs of proof of Requests for Admission, Set One, Nos. 2 through 6. Plaintiff does not establish that he proved the truth of the matters asserted in each of these requests. (Samsky v. State Farm Mutual Automobile Ins. Co. (2019) 37 Cal.App.5th 517, 521.) Costs of proof are recoverable only where the moving party actually proves, by introducing evidence, the matters that are the subject of the requ...
2020.11.20 Motion for SLAPP, Demurrer, Motion to Strike, to Seal 896
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.11.20
Excerpt: ... Complaint Pursuant to Code of Civil Procedure section 425.16 as to the first and eighth causes of action. The Court DENIES the motion as to the second through seventh causes of action. Defendant's Oversized Memorandum: Initially, the Court notes defendant has filed a memorandum that is seven pages over the 15-page limit, without permission from the Court. (California Rules of Court, Rule 3.1113(d).) Accordingly, the Court considers only the firs...
2020.11.17 Motion to Quash Service of Summons 104
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.11.17
Excerpt: ...y imposition of personal jurisdiction.” (Mihlon v. Sup.Ct. (Murkey) (1985) 169 Cal.App.3d 703, 710.) The burden is on the plaintiff to demonstrate by a preponderance of the evidence that all jurisdictional criteria are met. (Ziller Electronics Lab GmbH v. Sup.Ct. (Grosh Scenic Studios) (1988) 206 Cal.App.3d 1222, 1232.) Here, Plaintiff argues the Majestic Defendants purposefully directed their actions to California because they assumed liabilit...
2020.11.17 Motion for Summary Judgment, Adjudication 325
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.11.17
Excerpt: ...Equipment being purchased whether new or used; and Issue 2: Defendant Ordway Corporation dba Print & Finishing Solutions had a duty (contractual obligation) to disclose to Plaintiff Pars Publishing Corp. dba Grapheex pursuant to the Equipment Purchase Agreement dated November 17, 2014 the condition and all prior usage of the Equipment being purchased whether new or used; and Issue 3: Plaintiff Pars Publishing Corp. dba Grapheex is entitled to res...
2020.11.10 Motion to Compel Production, Responses 148
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.11.10
Excerpt: ...the requested information is relevant and not overbroad. (2) Plaintiff Jeffery Baker's Motion to Compel Further Responses to Special Interrogatories, Set 1 (Nos. 30, 33, 34, 35) is GRANTED in part; DENIED in part.  Special Interrogatory No. 30 – GRANT. Defendant has failed to justify its objection that the interrogatory is “unduly burdensome.” To the extent Defendant intended to invoke CCP § 2030.220, it failed to do so.  Special Int...
2020.11.03 Petition to Compel Arbitration 833
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.11.03
Excerpt: ...on 452(d) and (h). However, the Court declines to take judicial notice of hearsay statements contained in the court's records. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564.) The Court GRANTS Plaintiff's request for judicial notice of Exhibits A through C pursuant to Evidence Code section 452(d) and (h). However, the Court declines to take judicial notice of hearsay statements contained in the court's records. (Sosinsky v. Grant (1992) 6 Cal...
2020.10.30 Motion to Enforce Settlement 964
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.10.30
Excerpt: ...e entered into on April 22, 2019 between Premier, Trust, Inc. (“Plaintiff”) and Mary Fike, erroneously sued as Mary Campbell, individually and as Trustee of the Mary Campbell Revocable Family Trust and Marital Sub-Trust of the Hugh R. Campbell Revocable Family Trust (“FIKE”). (See Decl. of Allinger, ¶19, Exh. 6.) The Settlement Agreement contains the following provisions: “5. Modification. This Agreement may not be amended, canceled, r...
2020.10.30 Motion to Conduct Financial Condition Discovery, to Appoint Discovery Referee 871
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.10.30
Excerpt: ...quest for Judicial Notice as to the Stipulation and Order Regarding Trial Continuance and Discovery Management, signed February 10, 2020 (“Stipulation and Order”), pursuant to Evidence Code section 452(d). As an initial matter, the Court finds it is unclear from the Stipulation and Order whether the parties ever agreed to have a discovery referee rule on a discovery motion pursuant to Civil Code section 3295 as the Declaration of Sam L. McDer...
2020.10.30 Demurrer, Motion to Strike 334
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.10.30
Excerpt: ...5.) As to the 4 th COA (Wrongful Death), this cause of action is sufficiently pled. Although Plaintiff does not identify the specific cause of death, the SAC nonetheless alleges that “DEFENDANTS' negligence and carelessness as described herein above” was the direct and proximate cause of Decedent's death. (See Para. 42 of SAC.) This is sufficient to allege causation for purposes of demurrer and Defendant cites no legal authority that this cau...
2020.10.20 Demurrer 956
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.10.20
Excerpt: ...result, Plaintiff agreed to draft a Second Amended Complaint (“SAC”), which would cure the issues raised in the Demurrer. On 9-1-2020, the Court continued the Demurrer to 10-20-2020. On 10-8-2020, counsel for Moving Defendants filed a Second Supplemental Declaration indicating counsel for the parties agreed plaintiff would have until 9-12-2020, to submit to defense counsel the proposed SAC, and that as of 10-8-2020, plaintiff's counsel had re...
2020.10.20 Demurrer 339
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.10.20
Excerpt: ...defendant's breach, and (4) damage to plaintiff therefrom. (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal. App. 4th 1171, 1178.) To allege the existence of a contract, the pleading must show “a voluntary and lawful agreement, by competent parties, for a good consideration, to do or not to do a specified thing.” (Robinson v. Magee (1858) 9 Cal. 81, 83.) Moreover, the complainant must allege its performance as a condition predi...
2020.10.08 Motion for Attorney Fees, to Tax Costs 296
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.10.08
Excerpt: ...ross- Complainant, Richard Mellen 5. Defendant, Dean Lasso DBA Artistile's Motion to Tax Costs of Plaintiff, Paul Anthony (1) Off Calendar – no hearing will be held. Plaintiff, Paul Anthony's Motion for Attorney Fees is Continued to 11-3-2020, Dept. C11, at 2 pm. Plaintiff, Paul Anthony (“plaintiff” or “Anthony”) seeks an order awarding costs and attorney fees in the total amount of $627,634.50 against Defendant, Dean Lasso DBA Artistil...
2020.10.06 Motion for Summary Judgment, Adjudication 283
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.10.06
Excerpt: ...de section 452(c). The Court takes judicial notice of the existence of these documents and their legal effect. but not the truth of the matters which might be deduced therefrom. (See, Ragland v. U.S. Bank Nat. Assn. (2012) 209 Cal.App.4th 182, 194.) Motion: In Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4 th 919, 923, the Court explained, “[i]f a purported assignment necessary to the chain by which the foreclosing entity claims that pow...
2020.10.06 Motion for Protective Order, to Compel Deposition 976
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.10.06
Excerpt: ...dent may be granted where it is shown he or she lacks knowledge or involvement in the litigation, and such deposition is being sought prior to plaintiff's exhaustion of less intrusive means of discovery. Such “high level” (or “apex”) depositions “raise a tremendous potential for discovery abuse and harassment.” (Liberty Mut. Ins. Co. v. Sup.Ct. (Frysinger) (1992) 10 Cal.App.4th 1282, 1287-1288 [analogizing to federal cases and citing ...

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