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2020.02.06 Motion to Enforce Settlement 766
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.02.06
Excerpt: ...paid in settlement. Rather that work it out, the parties took a trip to the DCA, and then the Supreme Court, and then back to the DCA, and now back here. Despite the journey, from this Court's perspective, nothing has changed. Pertinent History This action was commenced on 07/19/18 with the filing of a six-count complaint. Despite the number of claims, the clear crux of the case was unpaid wages – which subsumed the 1st, 2nd, 3rd, 5th and 6th c...
2020.02.06 Demurrer, Motion to Strike 989
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.02.06
Excerpt: ...the plaintiff; (3) the defendant intentionally concealed the fact with the intent to defraud the plaintiff; (4) the plaintiff was unaware of the fact and would not have acted as he did if he had known of the concealed fact; and (5) as a result of the concealment of the fact, the plaintiff sustained damage. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 748.) There are four circumstances in which concealment may constitute actionable fraud: (1) when t...
2020.02.06 Demurrer, Motion to Quash 464
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.02.06
Excerpt: ...n a residential, treatment and “work therapy” program through the Salvation Army in the hopes of perhaps, one day, achieving some degree of independent productivity. As part of the overall program, individuals like James are sometimes tasked with helping out in Salvation Army retail shops (aka family store and donation center). James helped out in the shop in Lake Forest. On 04/16/19, something caused James to snap. He had an altercation with...
2020.01.30 Motion to Strike Punitive Damages 456
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.30
Excerpt: ...oundaries. The parties were apparently in discussion for over a year, but no resolution was reached. Plaintiffs filed suit, alleging a cause of action for trespass and one for nuisance. At issue is whether the facts pled support the inclusion of a prayer for punitive damages. This Court concludes they do not. To adequately plead a claim for punitive damages under the malice rubric, one must plead with specificity facts demonstrating (1) defendant...
2020.01.30 Motion to Quash Deposition Subpoenas 457
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.30
Excerpt: ...nce billing and records, billing records, explanation of benefits (EOBs) billing off-sets, write-offs, and records of payment, amounts paid, and amounts adjusted, file including any and all records, reports, correspondence, work orders or referrals generated by any and all social workers including but not limited to social workers Bridgett White and Jerry Comberos, pertaining to the care, treatment, and examination of Chuck S. Montgomery, DOB: 03...
2020.01.23 Motion to Compel Responses 613
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.23
Excerpt: ...D Nos. 21, 24-27, 30-31 with similar boilerplate objections: No. 21: Communications between YOU and MARTIN. No. 24/26: Communications between YOU and CROSS-DEFENDANTS. No. 25: Communications between YOU and SANDLER. No. 27: Communications referring to defendant. No. 30: Documents prepared by MARTIN in connection with underlying litigation. No. 31: Communications that include MARTIN. Response: “Objection, this request seeks documents which are n...
2020.01.23 Demurrer 725
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.23
Excerpt: ... 2020. A corrected Notice was thereafter served on October 30, 2019, which provided sufficient notice pursuant to C.C.P. §1005. While Cross-Complainant is correct in asserting mail service on October 15, 2019 provided insufficient notice for a November 7, 2019 hearing, this issue has since been mooted. The Demurrer to the Third Cause of Action for Interference with Contractual Relations is SUSTAINED, as Cross-Complainant has not properly pled a ...
2020.01.16 Motion to Recover Attorney Fees 545
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.16
Excerpt: ...andings. On 08/16/19, this Court adopted the discovery referee's recommendation to strike defendants' answer to the operative pleading (3rd Amended Complaint), as well as their cross-complaint, following a series of discovery abuses. On 09/18/19, this Court entered a signed order striking defendants' appearances, and ordering defendants to pay fees for the discovery referee. Thereafter, plaintiffs filed and served default prove-up packages. Befor...
2020.01.16 Demurrer 649
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.16
Excerpt: ... utilizes the services of an unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract.” “When the Legislature enacted section 7031(b), courts had long held that a contractor was not entitled to any compensation for any work performed unless the contractor was licensed during the entire project (absent a sh...
2020.01.16 Demurrer 038
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.16
Excerpt: ...(See Plff's Opp. RJN; see also Friends of Shingle Springs Interchange, Inc. v. County of El Dorado (2011) 200 Cal.App.4th 1470, 1483; El Escorial Owners' Ass'n v. DLC Plastering, Inc. (2007) 154 Cal.App.4th 1337, 1350.) Wavy Clothing objects to judicial notice of the license information presented by the Plaintiff, but in the reply, Wavy offers the Court similar data and from a similar source (See Reply, RJN.) The Court will not address the licens...
2020.01.09 Demurrer
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.09
Excerpt: ...ific cause of action therein. (See Cal. R. Ct. Rule 3.1320(a).) As Plaintiffs correctly point out, Defendant's Demurrer is procedurally defective since he only demurred to the First Cause of Action. ROA 27. However, because Defendant did advise Plaintiff that he would demurrer to each cause of action (Supp. Jain Decl., Ex. A.) and included these arguments in his supporting memorandum, the Court exercises its discretion to consider the merits of D...
2020.01.09 Demurrer
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.09
Excerpt: ...gs Plaintiffs have filed. That being said, the proof of mail service attached to the Demurrer itself appears proper. If Defendant seeks to serve by e-mail in the future, it will need to use the proper email address. As to the Demurrer itself, it is sustained pursuant to CCP §§ 430.10(e)-(g). “The [] reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. [Citat...
2020.01.09 Motion to Compel Further Responses, for Monetary Sanctions
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.09
Excerpt: ...ll, Shaw & Garcia is GRANTED in part and DENIED in part; and (3) Motion to Compel Further Responses from Defendant Madison Conrad to Requests for Production of Documents, Set One, and for Monetary Sanctions Against Defendant and/or Her Counsel of Record, Patricia Valenzuela of the law firm, McDowell, Shaw & Garcia is GRANTED as set forth below: The motions to compel are GRANTED as to Form Interrogatories (“FI”) Nos. 2.6, 12.4, 16.1, 17.1, 20....
2020.01.09 Motion to Compel Further Responses
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.09
Excerpt: ...cant revenue for either plaintiff or defendant – but not both. Before the Court this day is a motion by plaintiff to secure a further response from defendant to eight (8) categories of documents contained in a first set of RPDs. According to defendant, the responses are Code-compliant. According to plaintiff, the responses are deceptive. The party receiving a demand for production of documents has two legitimate options: (1) move for a protecti...
2020.01.09 Motion to Quash Service of Summons
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.09
Excerpt: ...(Id. at p. 1233.) “Once facts showing minimum contacts with the forum state are established, however, it becomes the defendant's burden to demonstrate that the exercise of jurisdiction would be unreasonable.” (Jewish Def. Org., Inc. v. Superior Court (1999) 72 Cal. App. 4th 1045, 1054-55). There two types of personal jurisdiction: (1) general jurisdiction; or (2) specific jurisdiction. A court with general jurisdiction may hear any claim agai...
2020.01.09 Motion to Tax or Strike Costs, for Attorney Fees
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.01.09
Excerpt: ...entry of judgment. CRC 3.1700; Daniels v. Robbins (2010) 182 Cal.App.4th 204, 228. The memorandum must include a supporting declaration affirming that the costs were reasonable and necessarily incurred. CRC 3.1700(a)(1). If the items in the cost bill appear on their face to be proper (by comparing the cost bill to the list of recoverable costs in CCP §1033.5), the verified memorandum of costs is prima facie evidence of their propriety. The burde...
2019.9.26 Motions for Attorney Fees 971
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.26
Excerpt: ...Appeal returned defendant's SLAPP motion with modifications. Pertinent Background Plaintiff is an internal 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 re...
2019.9.26 Motion to Quash Service of Summons 047
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.26
Excerpt: ...t precedents strongly inform this area. Under California's long-arm statute, California courts may exercise personal jurisdiction “on any basis not inconsistent with the US Constitution or the CA constitution.” (CCP § 410.10.) When the defendant has not consented to the forum state's jurisdiction, the US Constitution permits a state to exercise jurisdiction over a nonresident defendant if the defendant has sufficient “minimum contacts” w...
2019.9.26 Motion for Summary Judgment, Adjudication 457
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.26
Excerpt: ...ns to the Declaration of Chuck Montgomery are OVERRULED. “Except as provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify as to any matter.” (Evid. Code § 700.) A witness is presumed competent to testify absent a showing to the contrary. (People v. Knos (1979) 95 Cal.App.3d 420, 431.) The party challenging a witness' competency has the burden of proving to the judge by a...
2019.9.19 Motion for Attorney Fees 962
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.19
Excerpt: ...art that the subject letter constituted a protected communication. Plaintiff's subsequent motion for reconsideration was denied on procedural grounds. Before the Court this day is defendant's motion for attorney fees as the prevailing party on that motion. Plaintiff does not challenge defendant's status as prevailing party, but instead objects to the amount sought as excessive, inflated and for matters not entitled to reimbursement. The prevailin...
2019.9.19 Demurrer, Motion to Strike 989
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.19
Excerpt: ...have acted as he did if he had known of the concealed fact; and (5) as a result of the concealment of the fact, the plaintiff sustained damage. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 748.) There are four circumstances in which concealment may constitute actionable fraud: (1) when the defendant is in a fiduciary relationship with the plaintiff; (2) when the defendant had exclusive knowledge of material facts not known to the plaintiff; (3) whe...
2019.9.19 Demurrer 508
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.19
Excerpt: ...e Court here has considered the Demurrer on the merits. However, the continued failure to comply with C.C.P. § 430.41 is troubling, after the prior omission was specifically noted. Moving counsel is reminded that compliance with statutory requirements is expected and that future omissions may not be similarly treated. On the merits, the COA as pled in the FAC is still barred by the Economic Loss Rule. Under the Economic Loss Rule, where a purcha...
2019.9.12 Motion to Strike Late Expert Designation 909
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.12
Excerpt: ...ing party must have “made a complete and timely compliance” with all expert witness exchange requirements. (CCP § 2034.300; Staub v. Kiley (2014) 226 Cal.App.4th 1437, 1446.) To make the required showing, the moving party must show that the expert witness disclosure is inadequate under the statutory scheme and that the failure to comply was unreasonable. (See CCP § 2034.300). However, when no demand is made by any party, no party is require...
2019.9.12 Demurrer, Motion to Strike 327
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.9.12
Excerpt: ...se of escrow, plaintiff and his daughter received a check for surplus funds in the amount of $793.60. Neither plaintiff nor his daughter moved into the property. Instead, it was apparently leased to a third-party. However, those tenants did not move in (or stay long), and the property was soon sold to plaintiff's ex-wife – the defendant herein – for a small profit. Now the wrinkle: plaintiff contends that his ex-wife (the defendant) “forged...
2019.8.8 Motion to Reopen Discovery 728
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.8.8
Excerpt: ...e necessity and the reasons for the discovery; (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar...

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