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2021.02.25 Demurrer, Motion to Strike 955
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.02.25
Excerpt: .... By way of her opposition to the demurrer, Plaintiff asserts that she will amend her 1st through 7th causes of action with respect to individual defendants and will amend her 8th cause of action with respect to entity defendants. Plaintiff also asserts that she will amend her 15th cause of action by way of eliminating the negligent training allegation therein. Plaintiff further asserts that she will “delete” her 10th, 13th, 14th, 16th, and 1...
2021.02.25 Demurrer 671
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.02.25
Excerpt: ...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 (1992) 6 Cal.App.4th 1746, 1749. “In our examination of the co...
2021.02.25 Anti-SLAPP Motion 663
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.02.25
Excerpt: ...rior Court as Family Law Case No. 18D006202 (the “Divorce Case”). (See Complaint, ¶¶ 1- 4.) Plaintiff's Complaint alleges that during their representation of Ms. Krafve, Defendants hired a paralegal, Bernadette Ratti (“Ms. Ratti”) who was previously employed by Plaintiff's counsel and who had substantively worked on Plaintiff's case and obtained confidential information regarding Plaintiff's position(s) in connection therewith. Plaintif...
2021.01.28 Motion to Compel Further Responses 607
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.01.28
Excerpt: ...431, 1438- 39.) The purpose of the requirement is to encourage the parties to work out the differences informally, to reduce the unnecessary expenditure of resources on litigation, and to reduce the burdens upon the court. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293.) The particular effort required in each situation depends on the circumstances. Among the factors considered are the breadth of the discovery demands, whether there is an im...
2021.01.28 Motion for Summary Judgment 328
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.01.28
Excerpt: ...oprietary information readily available to the public. In the alternative Intersect moves for summary adjudication on four issues which will be discussed if necessary. A. Some Procedural History Because both the moving party (Intersect) and responding party (Plaintiff) cite to Plaintiff's procedural history in the United States District Courts before filing the current action in this Court, the following procedural background is provided. On Apri...
2021.01.28 Demurrer 710
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.01.28
Excerpt: ...ially certain that battery would result from his/her conduct. (CACI 1320; Ashcraft v. King (1991) 228 Cal.App.3d 604, 613.) Here, Plaintiff has made only conclusory assertions as to MP's alleged knowledge of bedbug infestation when Plaintiff stayed there. The only actual “fact” asserted as to such knowledge is that “other guests who had stayed at the Subject Property prior to Plaintiff's stay complained to Defendant's employees specifically...
2021.01.21 Motion for Relief 357
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.01.21
Excerpt: .... shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. . . No affidavit or declaration of merits shall be required of the moving party. Notwithstanding any other requirements of this section, the 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 affid...
2021.01.14 Motion to Tax Costs 903
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.01.14
Excerpt: ...o be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) Under Civil Code §1794(d), a prevailing buyer in a Lemon Law case to recover fees and costs, including attorney'...
2020.12.10 Motion for Summary Judgment 355
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.12.10
Excerpt: ...avy quartz, and controlled with a counterbalance system. The system – technically known as the Lift-A-Syst 30 Series Heavy Duty – has a fulcrum, a hinge, and a torsion spring designed to neutralize the weight of the bar bridge, allowing the user to lift the bridge easily and holding it passively open when needed. If the appropriate device and counterweight measures are applied, the bridge should lift easy, stay up, and descend in a slower con...
2020.12.10 Demurrer, Motion to Compel Deposition 243
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.12.10
Excerpt: ...ts alleged. Thus, no matter how unlikely or improbable, 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...
2020.11.12 Motion for Entry of Judgment, OSC Re Dismissal on Settled Case 708
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.11.12
Excerpt: ...ettlement Agreement, the parties expressly agreed that this Court would retain continuing jurisdiction over the Settlement Agreement for enforcement purposes pursuant to C.C.P. § 664.6. (Pipes Decl., Ex. A.) Plaintiff Gallegos is neither a moving nor responding party with respect to this Motion, yet Plaintiff Moctezuma's proof of service indicates service of the Motion upon separate counsel for Plaintiff Gallegos. The Settlement Agreement concer...
2020.11.05 Motion to Stay Proceedings 569
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.11.05
Excerpt: ...regarding Plaintiff's claims. Farkar Decl. ¶¶ 2-3. The SEC is also alleged to currently be investigating Riemann and his business entities. Id., at ¶ 4. Defendants argue an immediate stay is necessary to avoid compromising Riemann's 5th Amendment right against self- incrimination. Although Defendants' “evidence” is inadmissible hearsay and double hearsay, Defendants are not required to prove a criminal matter is currently pending to reques...
2020.10.29 Motion to Compel Release of Video 464
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.10.29
Excerpt: ...rd and guidance. James became agitated after an interaction with a customer and left the store. Traveling on foot, James broke into plaintiff's home, chased her into the street, and stabbed her repeatedly with a kitchen knife. When approached by Good Samaritans, James ran, stole a car, ran over a jogger, and crashed. After copious amounts of bystander pepper spray, James surrendered. Before the Court this day is a motion by plaintiffs to compel t...
2020.10.29 Motion for Summary Judgment 038
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.10.29
Excerpt: ....) Any doubts as to whether a material, triable issue of fact exists are to be resolved in favor of the plaintiff opposing summary judgment. (LPP Mortg. v. Bizar (2005) 126 Cal.App.4th 773, 776; Miller v. Bechtel Corp. (1983) 33 Cal.3d 868, 874.) 1st COA Negligence “To determine whether a duty exists, the following factors must be weighed: the foreseeability of harm, the degree of certainty of injury, the closeness of the connection between the...
2020.10.01 Motions for Protective Order and to Strike 728
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.10.01
Excerpt: ...motions. LOEC, “is an element of general damages which can be inferred from the nature of the injury, without proof of actual earnings or income either before or after the injury, and damages in this respect are awarded for the loss of ability thereafter to earn money.” Connolly v. Pre-Mixed Concrete Co. (1957) 49 Cal. 2d 483, 489. This means the Plaintiffs' inability to earn money in the future from any job, not just earnings from their curr...
2020.10.01 Motion to Consolidate 130
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.10.01
Excerpt: ...rk, Inc. et al., OCSC Case No. 30-2019-01102657 (“Mission I”); 3) Mission Hospital Regional Medical Center v. Heritage Providence Network, Inc. et al., OCSC Case No. 30-2019-01103466 (“Mission II”); and 4) St. Jude Hospital, Inc. v. Heritage Provider Network, Inc., OCSC Case No 30-2019- 01104195. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the...
2020.09.24 Motion for Summary Judgment, Adjudication 204
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.09.24
Excerpt: ...d the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850, as modified (July 11, 2001). “A defendant . . . has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a c...
2020.09.24 Motion for New Trial 930
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.09.24
Excerpt: ..., the issue was so elusive that as a matter of law it could not rise to the level of a cognizable defect. Plaintiff opposes the motions, pointing out that defendant's arguments are really just sour grapes that the jury believed plaintiff and his father (and the video) more than Toyota employees. Pursuant to CCP §§ 629 and 657, a trial court may cure a defective verdict by either setting it aside in favor of a new trial or entering an entirely d...
2020.09.10 Demurrer 971
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.09.10
Excerpt: ...ernal reproduction services company, retained by health care facilities to respond to and comply with requests for copies of patient records. See 45 CFR §160.103 et seq. When requested by the patient's appointed representative (usually a lawyer), various statutes permit an internal reproduction services company – like plaintiff – to recoup reasonable costs incurred in the process. Defendant is an online portal accessible to patients wishing ...
2020.09.03 Demurrer 615
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.09.03
Excerpt: ...1 Larson Avenue 3. But the Complaint and Exhibit 1 also identify the Property by the same Assessor's Parcel Number (937-09-027). Based on this slight discrepancy in the address of the Property, the court declined to sign the Notice of Pending Action submitted to Plaintiffs. However, since the APN is the same for both properties, and the Complaint indicates the address of the Property may also be known as 8171 Larson Avenue #3, the court determine...
2020.08.27 Motion to Compel Further Responses 038
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.08.27
Excerpt: ...ourt is not required to review any other document beyond the statement. (CRC 3.1345(a)(3), (c).) The failure to include the statement has bene described by the appellate courts as being “fatal” to the motion and a trial court does not abuse discretion in denying a discovery motion that lacks this. (See Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893; St. Mary v. Superior Court (2014) 223 Cal.App.4th762, 778-779.) In the interest of justice...
2020.08.27 Motion for Summary Judgment, Adjudication 260
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.08.27
Excerpt: ...eclaration are OVERRULED and Objections 4-46 and 52-55 are SUSTAINED; Objections 56, 59, and 61 to the Foell Declaration are OVERRULED and Objections 57, 58, 60, and 62 are SUSTAINED; and Objections 63-75 to Plaintiff's Deposition are OVERRULED. 2. Summary of Tentative Ruling (1) Defendant's Motion for Summary Judgment, or in the Alternative, for Summary Adjudication is GRANTED in part and DENIED in part. The Motion for Summary Judgment is DENIED...
2020.08.20 Special Motion to Strike 613
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.08.20
Excerpt: ...e to late-file. Since no order was sought, much less obtained, here, the question first on this Court's plate is whether the pending motion is even timely when filed on 05/26/20. The cross-complaint in this case was filed on 08/09/17. This was clearly more than 60 days prior to when the anti-SLAPP motion was filed. This is where the inquiry would have stopped but for our Supreme Court's recent decision in Newport Harbor Ventures, LLC v. Morris Ce...
2020.08.20 Request for Preliminary Injunction 586
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.08.20
Excerpt: ...position papers, they complained about the additional filings as well as complaining about the confusing nature of the proceeding. (See Plff Opp. p. 2-3.) The Defendants then served reply papers on or about May 18th which expanded the evidence in the reply. (Ordinarily, new evidence is not permitted with replies, see Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Plaintiffs filed a supplement stating that they may require leave to offer...
2020.08.20 Petition for Writ of Mandate 631
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.08.20
Excerpt: ...e Complaint, he seeks a writ of mandate to compel the City to comply with the MOU and calculate and pay his back pay. In the second cause of action, Petitioner alleges, “by not including the [foregoing] additional compensation owed to Plaintiff … in the employees' regular rate of pay, Defendants are underpaying Plaintiff's and thereby miscalculating their overtime rate of pay, all in violation of the FLSA”. Petitioner's Complaint is styled ...

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