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2020.01.15 Motion for Summary Judgment 635
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.01.15
Excerpt: ...wherein Plaintiff agreed to loan Defendant JB FIBER the principal sum of $35,902.05; Defendant JB FIBER agreed to make 60 monthly payments of $820.48 payable on the 2 nd of each month beginning on 9-2-16; that the last payment received by Plaintiff from Defendant JB FIBER pursuant to the VFA was on 12-2-17; that on 1-2-18, Defendant JB FIBER was in breach of the VFA for failing to make the requisite monthly payment; and that Defendant JB FIBER's ...
2020.01.15 Demurrer 360
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.01.15
Excerpt: ...p Place, Canyon Lake, CA 92587, as requested by Plaintiff. (Evid. Code, § 452(c) and (h).) Demurrer: The Judgment entered on March 8, 2016 in the Family Law Case was pursuant to Stipulated Judgment and addressed child custody/visitation/support, spousal support, division of community property, including the Canyon Lake Property and Mission Viejo Property, vehicles, personal items, debts, and costs in the divorce. (Defendant's RFJN, Exh. B, Stipu...
2020.01.15 Motion for Discovery Sanctions 590
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.01.15
Excerpt: ...Response” to Form Interrogatory No. 15.1 on 5-24-19. On 8-6-19 the Court granted Plaintiff Raquel Pineda's unopposed motion to compel a further response to form interrogatory 15.1. On 8-20-19 Defendant served Further Supplemental Responses. Raquel appears to argue that despite these additional responses, Defendant has failed to comply with the Court's 4-15-19 and 8-6-19 Orders because such responses are still deficient. This is not well-taken. ...
2019.9.24 Motion to Strike 923
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.9.24
Excerpt: ...e the employer liable for that employee's acts. There must be some nexus between the employment and the subject injury more than simple proximity. Defendant cites Bailey v. Filco, Inc. (1996) 48 Cal.App.4 th 1552 for the proposition that employers are not liable under respondeat superior where an employee has substantially deviated from his duties. Plaintiff argues “an act of oppression, fraud or malice, by an officer director or managing agent...
2019.9.24 Motion to Expunge Lis Pendens 199
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.9.24
Excerpt: ...; Urez Corp. v. Superior Court (1987) 190 Cal.App.3d 1141, 1149.) Code of Civil Procedure section 405.31 provides, in pertinent part: “the court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim. The court shall not order an undertaking to be given as a condition of expunging the notice where the court finds the pleading does not contain a real property claim...
2019.9.24 Motion for Summary Judgment, Adjudication 148
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.9.24
Excerpt: ...ERRULED. The Court declines to rule on defendant State of California, Department of Transportation's [“Caltrans”] objections to plaintiff's evidence submitted in Opposition to its Motion for Summary Judgment. The evidence objected to is not material to the Court's disposition of this Motion. (Code Civ. Proc., §437c(q).) Defendant Caltrans' Motion for Summary Adjudication is DENIED. Defendant has not met its burden to show one or more element...
2019.9.24 Motion for Leave to File Amended Complaint 719
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.9.24
Excerpt: ... identify what facts were discovered as a result of this rebuilding which would give rise to her new causes of action. (See Davis Decl., ¶ 10.) Plaintiff then goes on to list several of the new causes of action, again without explanation of the facts. (Ibid.) Plaintiff also indicates facts were discovered “after documents had been produced in discovery ongoing but within the last year,” but fails to identify a single document or what fact in...
2019.9.17 Motion for Change of Venue, for Discovery Protective Orders 088
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.9.17
Excerpt: ...reasonable time after the pending motions relating to venue and consolidation are heard. However, based on the request made in the moving and reply papers, it is unclear whether Defendant is seeking to postpone its discovery responses until after the Motion to Consolidate is heard in San Diego or, until this Court rules on the Motion to Transfer. Accordingly, the Court requests clarification from the parties as to the motion pending in San Diego ...
2019.9.17 Motion for Protective Order 754
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.9.17
Excerpt: ...2030.090 provides, “[t]he court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc. § 2030.090(b).) “If the motion for protective order is denied in whole or in part, the court may order that the party provide or permit the discovery against which protection was so...
2019.9.17 Motion for Summary Judgment, to Compel Answers, to Deem Facts Admitted 549
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.9.17
Excerpt: ...e 4 th and 5 th COAs, as follows. Defendants RFJN: The Court GRANTS Defendant's request for judicial notice of Exhibits J and K 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.App.4th 1548, 1564.) Plaintiffs' Objection to Evidence: The Court OVERRULES Plaintiffs' Objections to Evidence, No. 1. Plaintiffs' o...
2019.9.17 Motion to Compel Further Responses 373
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.9.17
Excerpt: ...13.2, and 15.1 is MOOT. Defendant served plaintiffs with Supplemental Responses to the Form Interrogatories at issue on 8-27-19. (Declaration of Laurence C. Hall, ¶¶ 5-6; Exs. 1 and 2.) Plaintiffs' requests for monetary sanctions for each motion is DENIED as other circumstances make the imposition of sanctions unjust. (Code Civ. Proc. § 2030.300(d).) Moving Party to give notice. (3-4) PLAINTIFFS' MOTIONS TO COMPEL FURTHER RESPONSES TO REQUEST ...
2019.9.10 Motion for Summary Judgment, Adjudication 549
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.9.10
Excerpt: ...judicial notice of hearsay statements contained in the court's records. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564.) Plaintiffs' RFJN: The Court GRANTS Plaintiffs' request for judicial notice of Item Nos. 1-5 pursuant to Evidence Code section 451(a). Plaintiffs' Objection to Evidence: The Court SUSTAINS only Objection Nos. 2 and 3 and OVERRULES Nos. 1 and 4. Defendant's Objections to Plaintiffs' Evidence: The Court SUSTAINS only Objection...
2019.8.27 Motion for Summary Judgment, Adjudication 118
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.8.27
Excerpt: ...be established or there is a complete defense. (Code Civ. Proc., § 437c(a), (p)(2).) Only after a defendant meets that burden, does the burden shift to the plaintiff to produce admissible evidence showing the existence of a triable issue as to a cause of action or complete defense. (Code Civ. Proc., § 437c(p)(2); Hawkins v. Wilton (2006) 144 Cal.App.4th 936, 940.) In the context of medical malpractice, “[w]hen a defendant moves for summary ju...
2019.8.20 Demurrer 862
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.8.20
Excerpt: ...: (1) Plaintiff was a beneficiary of the Showalter Trust; (2) despite James' giving Defendant Power of Attorney over his beneficiary rights under the Showalter Trust and assigning his beneficiary rights to Defendant, Defendant was to ensure that Plaintiff still received her share of the inheritance pursuant to the Showalter Trust; and (3) because James turned 60 before the Trust funds were dispersed, he received Plaintiff's share of inheritance u...
2019.8.20 Motion to Exclude Presentation of Undesignated Expert Witnesses at Trial, to Augment Expert Witness List 728
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.8.20
Excerpt: ...no v. Hirano (2007) 158 Cal.App.4th 1 applicable to the circumstances here. In Hirano, appellant failed to timely exchange expert witness information when the case was initially set for trial. (Id. at p. 5.) The court continued the trial several times, but ultimately dismissed the action for failure to prosecute. (Ibid.) The Court of Appeal reversed the judgment and on remand, a new trial date was set. (Ibid.) The trial court granted respondent's...
2019.8.20 Motion to Compel Deposition 951
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.8.20
Excerpt: ... 1013 Does Not Apply: Code of Civil Procedure section 1013, subdivision (a), provides in pertinent part: “In case of service by mail . . . . [s]ervice is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days...
2019.8.20 Motion for Protective Order, to Compel Deposition 085
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.8.20
Excerpt: ...nd DENIED, in part. (2) Plaintiff's motion for an order compelling the further depositions of Piecemakers' Person Most Knowledgeable and Douglas Follette, and compelling witnesses to answer questions at deposition is GRANTED. (3) Plaintiff's motion for an order compelling the further depositions of Piecemakers' Person Most Knowledgeable and to produce documents is GRANTED. As to all three motions, the Court finds counsel for plaintiff sufficientl...
2019.8.13 Motion to Compel Answers 579
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.8.13
Excerpt: ... No. 2.5, the Motion is GRANTED. Defendant contends this is a dental malpractice case and any judgment will be paid out through insurance, so Defendant's private residence information is unnecessary to collect any judgment. Although it is true Defendant's residence address may not necessarily be relevant, this interrogatory is a judicially approved form and provides background information of a party. As to Form Interrogatory No. 15.1, the Motion ...
2019.8.13 Motion to Compel Production 871
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.8.13
Excerpt: ...quest for monetary sanctions is DENIED. Defendant/Cross-Complainant Patricia Pisani's evidentiary objections to the Declaration of David Beavers are OVERRULED. Procedural Compliance: On 2-5-19, the Court and counsel held a discussion regarding progress made to resolve issues presented in this Motion. The parties agreed and the Court ordered that a motion may be re-filed as to any remaining issues. (See Minute Order dated 2-5-19 [ROA 386].) The Mo...
2019.8.6 Motion for Summary Judgment, Adjudication 473
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.8.6
Excerpt: ...aper may not be rejected for filing on the ground it was untimely submitted for filing, the court, in its discretion, may refuse to consider a late filed paper. (California Rules of Court (“CRC”), Rule 3.1300(d).) The opposition papers were filed and served two days late. The opposition papers were due by 7-23-19, but were filed and served on 7-25-19. The trial court has broad discretion under California Rules of Court, Rule 3.1300(d) to refu...
2019.8.6 Motion for Preference, to Compel Arbitration 270
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.8.6
Excerpt: ... the arbitration clause is unenforceable, because of the conflict of interest that existed between defendants and Dr. Howard. Plaintiff does not contend the arbitration provision itself is invalid. Therefore, the preliminary issue is to determine who decides, the arbitrator or the court, whether the engagement agreements are valid and enforceable. Jurisdiction and Arbitrability: “The issue of who should decide arbitrability turns on what the pa...
2019.8.6 Motion for Protective Order, to Seal, to Compel Further Responses 051
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.8.6
Excerpt: ...nfidential mediations materials and any documents and evidence derived from such materials, including but not limited to, the Association's Confidential Mediation Brief, Enforcement Mediation Brief and attached exhibits, which were identified and marked as Exhibit 27 to Rennert's 2018 deposition transcript, Rennert's Mediation Brief and attached exhibits, the Memorandum of Understanding between the Association and Rennert, and the transcripts of ...
2019.7.30 Motion for Terminating Sanctions 574
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.7.30
Excerpt: ... include, but are not limited to, the following: . . [¶] (d) Failing to respond or submit to an authorized method of discovery.” Code of Civil Procedure section 2023.030, subdivision (c), provides, “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the followin...
2019.7.30 Motion for Summary Judgment, Adjudication 199
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.7.30
Excerpt: ...on for Summary Adjudication is also DENIED. The Court considers this as a Motion for Summary Judgment only. To the extent the Separate Statement purports to support a motion for summary adjudication, it does not comply with California Rule of Court Rule 3.1350(b). The “issues” are not stated specifically in the Motion and then stated, “verbatim,” in the Separate Statement. This is a ground for denial of the Motion for Summary Adjudication...
2019.7.30 Motion for Judgment on the Pleadings 887
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2019.7.30
Excerpt: ...term durations extending through 2020, only to terminate the Agreement without cause thereafter. Experian further misled Prancer by misrepresenting the grounds of the termination as for cause and refusing to provide Prancer with its rationale for terminating its contract to this day. (FAC, ¶ 48.) This Court previously found Experian properly terminated the Agreement under Section 2 of the STAC and Section 2 of the Consumer Services Schedule. (Se...

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