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2022.06.09 OSC Re Preliminary Injunction 538
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.06.09
Excerpt: ...5/19/22 is also ordered to be terminated. The court notes Plaintiff has put forth almost no, or at most excessively minimal, legal basis, arguments, and evidence in support of her request for a PI. Plaintiff failed to cite to any code section that permits the court to grant a PI, and Plaintiff only cited to two cases, neither of which involves a foreclosure action. There are multiple possibilities for requesting a PI under Civ. Proc. Code § 525,...
2022.06.09 Motion for Sanctions 570
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.06.09
Excerpt: ...that ruling based on CCP sections 128(a)(8) and 663a. That filing was 70 days after notice had been served on the MSJ and it was originally set for hearing on 11/4/21. On 9/24/21 MP served the instant motion for sanctions, giving plaintiff more than 21 days “safe harbor” to withdraw the Motion to Vacate prior to the then hearing date. Subsequently, the Court, on its own motion continued that hearing to 1/27/22. On that date the Motion to Vaca...
2022.06.02 Motion for Summary Judgment, Adjudication, for Protective Order, for Sanctions, to Quash Deposition Subpoena, to Compel 613
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.06.02
Excerpt: ...bpoenas filed on 7/10/20 by Plaintiffs (“Motion 5”); and 5) two Motions to Compel filed on 9/25/20 by Plaintiffs, as to five sets of discovery (“Motion 6 and Motion 7”). Motion 1-Motion for Summary Judgment/SA Motion 1 is GRANTED. In the legal malpractice context, the elements of causation and damage are particularly closely linked. (Hecht, Solberg, Robinson, Goldberg & Bagley LLP v. Superior Court (2006) 137 Cal.App.4th 579, 591.) The pl...
2022.05.26 Motion to Remove or Reduce Mechanic's Lien, for Attorney Fees 892
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.05.26
Excerpt: ...efendant's property on 10-22-20 in the amount of about $1,313,182; and (2) awarding defendant its attorneys' fees of $10,625.00. Lambert v. Superior Court (1991) 228 Cal.App.3d 383, 388-389 and Civil Code §§ 8422, 8430, 8488. Under Lambert v. Superior Court, supra, 228 Cal.App.3d 383, a property owner may bring a motion to remove an unjustified mechanic's lien without waiting for trial on the action to foreclose the lien. The inquiry made on su...
2022.05.26 Motion to Compel Deposition 835
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.05.26
Excerpt: ...ional non-privileged responsive documents located on Mr. Pittman's computers and agreed that if Mr. Pittman produced additional responsive documents, he would sit for another deposition session limited to the topics affected by the supplemental production. (Supp'l Ledingham Decl. at ¶ 13 and Exhibit J thereto.) Nonetheless, Bryan Industrial maintains its request for a Court order compelling Mr. Pittman's deposition and document production based ...
2022.05.19 Demurrer, Motion to Strike 467
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.05.19
Excerpt: ...he existence of the contract, the plaintiff's performance or excuse for failure to perform, defendants' breach and damage to plaintiff resulting therefrom. (Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1031) The complaint must allege the ultimate facts necessary to state an actionable cause of action, and it is insufficient to simply plead the evidence by which he hopes to prove such ultimate facts. (Careau & Co....
2022.05.05 Demurrer 688
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.05.05
Excerpt: ...le, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. (Day v. Sharp (1975) 50 Cal.3d 904, 914; Sosinsky v. Grant (19...
2022.04.21 Motion to Quash 687
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.04.21
Excerpt: ...Court (2010) 186 Cal.App.4th 414, 426 [C.C.P. § 998 offer made while motion to quash pending]; ViaView, Inc. v. Retzlaff (2016) 1 Cal.App.5th 198, 214 [anti-SLAPP motion made while motion to quash pending].) As Carlyle had a Motion to Quash pending when its other filings occurred, those filings did not constitute a general appearance here. On the merits, Plaintiff Plutos Sama Holdings, Inc. (“Plaintiff”) has failed to meet its burden on this...
2022.04.21 Motion for Summary Judgment, Adjudication 100
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.04.21
Excerpt: ...the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850) A plaintiff moving for summary judgment must prove each element of the cause of action. (Id. at p. 853) A plaintiff meets his burden of showing there is no defense to a cause of action by proving each element of...
2022.04.21 Demurrer, Motion to Strike 357
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.04.21
Excerpt: ...ory allegations are contradicted by the prior allegations that this reference was a mere scrivener's error on the part of the cross- defendants. Furthermore, there are no allegations to show that either agreement failed to embody “the real agreement” agreement between the parties. The timeliness issue will be quickly addressed. Both parties agree that the limitations period for a cause of action for reformation is 3 years. Moving cross-defend...
2022.04.21 Demurrer to FAC 869
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.04.21
Excerpt: ...t”), together once annually for four years between 1/2019 and 1/2022 in Denver, Colorado. (FAC ¶11) Outdoor Retailer + Snow Show is defined in the Agreement as the “Event”, “an annual winter industry trade show that takes place each winter in the Colorado Convention Center in Denver, Colorado”. The obligations of the parties under the contract are defined in sections 1 and 2 of the Agreement and relate to conducting an in person event ...
2022.04.21 Demurrer 072
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.04.21
Excerpt: ...tion, the demurrer admits the truth of all material facts properly pleaded (i.e., all ultimate facts alleged, but not contentions, deductions or conclusions of fact or law). (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967; Serrano v. Priest (1971) 5 Cal.3d 584, 591.) “[T]he burden is on the Plaintiff to show the manner in which she may amend, and how the amendment will change the legal effect of the pleading.” (Goodman v. Kennedy...
2022.04.14 Motion for Summary Judgment 476
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.04.14
Excerpt: ...a business tenant at the Property, while Defendants are the owners and/or managers of the Property. Plaintiff was physically assaulted one afternoon by a transient individual who allegedly lived on the Property. The transient began by hitting Plaintiff and his co-workers' vehicle' with a metal bar, at which time Plaintiff confronted the individual initially, but then retreated back to his office to call the police. While on the phone with police,...
2022.04.14 Applications for Right to Attach Order and Writ of Attachment 349
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.04.14
Excerpt: ...monstrating the claim at issue is a commercial claim for money based upon an express contract for a fixed or readily ascertainable amount not less than $500, secured by personal property; the probable validity of its claim, that attachment is not sought for a purpose other than recovery on the claim upon which the attachment is based and that the amount to be secured by attachment is greater than zero. (CCP§§ 483.010, 484.090 (a).) Wells has es...
2022.03.24 Motions to Compel Further Responses 521
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.03.24
Excerpt: ...ch alleges in its entirety: Upon information and belief, AT&T's long lines network became obsolete and AT&T ceased operation of the network, and use of the Olinda Site as a microwave radio relay station or for any purpose, in the 1990s, more than two years prior to its Quitclaim Deed to ATL in 2000. By the terms of the Grant of Easements, the easements reverted to Plaintiff upon AT&T's cessation of use of the easements for their intended use, or ...
2022.03.24 Demurrer 510
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.03.24
Excerpt: ...cie case of discrimination must include circumstances suggesting that the employer acted with a discriminatory motive. (Jones v. Department of Corrections & Rehabilitation (2007) 152 Cal.App.4th 1367, 1379.) But the FAC here has presented only conclusory assertions about discriminatory animus which do not suffice to support the claim. Nor is the “adverse employment action” upon which he bases his claim clearly articulated. Facts in support of...
2022.03.24 Demurrer 294
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.03.24
Excerpt: ...ting that Mirza was ever paid or offered consideration pursuant to the oral contract. (See Bennett v. Potter (1919) 180 Cal. 736 [Consideration is essential to the validity of a contract.].) In addition, Mirza is correct that the oral agreement as alleged appears illusory because it is not limited to any specified timeframe and, as a result, Niaki Productions, Inc. essentially assumed no obligation. An agreement is illusory and there is no valid ...
2022.03.03 Special Motion to Strike 687
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.03.03
Excerpt: ...free speech in connection with a public issue as defined in the statute (“Prong 1”). (C.C.P. § 425.16(b)(1); Simpson Strong-Tie Company, Inc. v. Gore (2010) 49 Cal.4th 12, 21; Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67.) The moving party meets that burden by demonstrating that the act underlying the cause fits one of the categories in § 425.16(e). (Braun v. Chronicle Publishing Co. (1997) 52 Cal.App.4th 1036, 1043)...
2022.03.03 Demurrer 486
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.03.03
Excerpt: ...el to Inn in March 2020 (Compl. ¶12) and chose to stay at Inn because of the desirable price and location (Compl. ¶13). Due to his physical disability, plaintiff is unable to or seriously challenged in his ability to stand, ambulate, reach objects, transfer from his chair to other equipment and maneuver around fixed objects (Compl. ¶14). He therefore requires an accessible guestroom and information about accessible features in hotel rooms so h...
2022.02.24 Motion for Summary Judgment 247
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.02.24
Excerpt: ...hat 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, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes o...
2022.02.24 Motion for Summary Adjudication 871
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.02.24
Excerpt: ...against Sevilla for breach of contract of the duty to defend and indemnify Antis in this litigation. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850) A plaintiff or cross-complainant meets his burden of showing there is no defense to a cause of action if ...
2022.02.24 Demurrer, Motion to Strike 835
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.02.24
Excerpt: ...e of action on behalf of Ball Road Industrial Park (“Ball Road”) in the same lawsuit in which Plaintiff brings five other, direct claims in his personal capacity as partner of Ball Road. The Court did not previously rule on this issue. Bryan Industrial cites several cases in support of its demurrer. In Shenberg v. De Garmo (1943) 61 Cal.App.2d 326, the Court stated: “An action of a personal nature resulting in injury to the plaintiff indivi...
2022.02.17 Special Motion to Strike 005
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.02.17
Excerpt: ... Anti-SLAPP motions are governed by CCP § 425.16 which provides at subd. (b)(1) 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 the plaintiff has established that there is a probability ...
2022.02.17 Motion to Compel Further Responses 442
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.02.17
Excerpt: ...ection below. Civ. Proc. Code §§ 2030.220 and 2030.230 contain the requirements for responding to FROG. The court finds Defendants current response to FROG No. 12.1 as potentially deficient and grants the present motion pursuant to Civ. Proc. Code § 2030.300. Although the definition of “INCIDENT” is slightly vague as to relates to a lemon law matter and to multiple repairs and potential requests for repurchase, it is not so vague as to pro...
2022.02.10 Motion to Strike Punitive Damages 016
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.02.10
Excerpt: ...d to an award of punitive and exemplary damages in an amount to be decided at the time of trial.” ¶38 is pleaded in connection with the second cause of action for fraud based on intentional misrepresentation. ¶46 is pleaded in connection with the third cause of action for negligent misrepresentation. Plaintiff also seeks to strike Item 4 from the prayer for relief which states: “4. Punitive, special and/or exemplary damages; and/or” When ...

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