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2019.5.16 Motion to Compel Further Responses 934
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.16
Excerpt: ...sue is directly relevant to their claim that this suit was brought in bad faith, the business judgment rule defense, and compliance with a non-compete provision in the Partnership Agreement. But how Plaintiffs' other investments over the past 25 years have performed does not appear to have any bearing on whether this action was brought in good faith or has merit. Plaintiffs' other investments are also irrelevant to whether the business judgment r...
2019.5.16 Demurrer, Motion to Strike 523
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.16
Excerpt: ... naming Jian Guo as the Doe 1 masseuse. Doe 1 is referenced numerous times throughout the operative first amended complaint and there are factual allegations against Doe 1 as the masseuse who allegedly assaulted the plaintiff. On 12/7/18 the plaintiff filed a Doe Amendment naming demurring defendant Massage Envy Franchising, LLC as Doe 2. The first amended complaint fails to make any allegations against Doe 2 generally or specifically. Doe 2 is n...
2019.5.16 Motion for Determination of Good Faith Settlement 671
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.5.16
Excerpt: ...ortfeasors. Cal. Code Civ. Proc. § 877.6(c). When the good faith basis for the settlement is contested, the moving party must make a sufficient showing of the Tech-Bilt factors. That showing may be made either in the original moving papers or in counter declarations filed after the non-settling defendants have filed oppositions challenging the good faith settlement. City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1262. A part...
2019.4.25 Motion to Compel Further Responses 618
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.25
Excerpt: ...rd Amended Complaint that the moving Defendant “malnourish[ed] patients in an effort to increase profits while actively seeking to fill the facility with patients in need of high levels of care to generate more revenue”. (3rd AC ¶ 86.) If the allegation was mean to refer to the HME defendants, then Plaintiff reasonably should concede this in the further response. Otherwise, Plaintiff should provide the information requested. Although the Cou...
2019.4.25 Motion for Summary Adjudication 403
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.25
Excerpt: ... and/or judgment. The operative pleading is the Fifth Amended Complaint. The causes of action contained therein at issue in this pending motion are the 3rd COA for negligent undertaking, the 4th COA for intentional interference with prospective economic advantage, the 6th COA for slander of title, and the 7th COA for unfair business practices. At issue is whether there exists a legal basis for plaintiff – a stranger to an imperfect real estate ...
2019.4.25 Motion for Sanctions 573
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.25
Excerpt: ...change of address or unit number, or to have emailed the moving papers to Plaintiff at the email address listed on the caption of the Complaint. It thus appears that Plaintiff did not receive notice of the motion. Nor does the Motion demonstrate that the requested relief is warranted under C.C.P. § 128.7. Although MP argues that service was not properly effectuated on the corporate defendant, that is not a basis for dismissal under § 128.7 - an...
2019.4.25 Motion for Judgment on the Pleadings 443
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.25
Excerpt: ... to be something else. Nor are the causes of action separately stated in compliance with Rule 2.112 of the California Rules of Court. The property at issue in the pleading is also not identified or described. Plaintiff(s) alleges that the property is located at the SE Corner of Carpenter and Second Ave, Carmel by the Sea, California. To the extent that it is, it appears to be in Monterey County, California - not Orange County, California. In addi...
2019.4.25 Demurrer, Motion to Strike 004
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.25
Excerpt: ...estate. See 8:14-bk-13999. On 02/22/16, Hon. Lewis sustained Kinum's demurrer to the original fraudulent conveyance complaint, observing that the underlying debt upon which the claim rested (default judgment against Frank) had been vacated. On 08/29/16, Hon. Lewis again sustained Kinum's demurrer to the operative pleading, observing that the underlying bankruptcy court judgment upon which the debt rested had been vacated. On 03/30/17, this Court ...
2019.4.11 Motion to Expunge Lis Pendens 426
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.11
Excerpt: ...s pendens can be recorded and the serious consequences flowing from it.” (Campbell v. Superior Court (2005) 132 Cal.App.4th 904, 913.) A number of cases have expressed the following principle: “a claim that seeks an interest in real property merely for the purpose of securing a money damage judgment does not support the recording of a lis pendens.” (Campbell v. Superior Court (2005) 132 Cal.App.4th 904, 912; Wardley Development Inc. v. Supe...
2019.4.11 Demurrer 505
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.11
Excerpt: ...Doe v. United States Youth Soccer Association, Inc. (2017) 8 Cal.App.5th 1118, 1140; in accord, Berkley v. Dowds (2007) 152 Cal.App.4th 518, 526. Although some courts of appeal have treated it as a separate cause of action, those cases involved statutes employing the term itself. See, e.g., Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 412; Manuel v. Pacific Gas & Electric Co. (2009) 173 Cal.App.4th 927, 945-946. Our ...
2019.4.11 Motion for Leave to File Amended Complaint 110
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.11
Excerpt: ...rty” is shown.” Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487. Where no prejudice is shown to the adverse party, the liberal rule of allowance prevails.” Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564. “[I]t is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.” Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761. Declaration: Cal. Rules of Court, R...
2019.4.11 Special Motion to Strike 962
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.11
Excerpt: ...ntional interference on the basis that it arises from protected activity. Before drilling down into the claim itself, it is necessary to briefly revisit other lawsuits touching upon 21411 Vista Drive in Rancho Santa Margarita. The home is owned in trust by Jennifer Loeffler (hereinafter “Loeffler”), who previously lived there with her common law husband Attorney Steven Radar (hereinafter “Radar”). The home is now leased as a sober living ...
2019.4.4 Motion for Reconsideration 359
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.4
Excerpt: ... which the remaining claims would proceed – i.e. that there would be no stay on the remaining claims to be litigated in this court. Defendants do not dispute that this was so. The responding defendants changed their position on that after the hearing. That change in circumstances could not have been presented for the prior hearing, as it had not yet occurred. Plaintiff has thus shown a new “fact” or “circumstance” which is at least argu...
2019.4.4 Motion to Quash Subpoenas for Medical Records 183
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.4.4
Excerpt: ...ndants were substantially justified in opposing this motion. The parties are ordered to meet and confer to draft and execute a protective order to preserve the plaintiff's privacy rights and limit the use of the plaintiff's medical records to the litigation of this case. Subpoenas: 1. HOAG Memorial Hospital: Defendant seeks all documents and records, from 6/11/2016 to present for plaintiff. 2. HOAG Memorial Hospital (Billing): Defendant seeks any...
2019.3.28 Motion to Seal Evidence 728
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.3.28
Excerpt: ...Authorities, and the portions of the Declaration of Michelle L. Buxton sought to be sealed by Defendants involve protected information related to mental health treatment and diagnoses of Plaintiffs' and R.C., as well as highly private information related to R.C. and A.C. There is a high probability that if these records are not sealed, the respective Plaintiffs' and non-party witnesses' privacy will be able to be invaded by the general public, ne...
2019.3.28 Motion to Compel Site Inspection, for Production of Docs 201
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.3.28
Excerpt: ...roperty.” When the condition of property lies at the heart of litigation, the party in control of the premises should assume good cause for the request and not obstruct discovery. See, e.g., Manzetti v. Superior Court (1993) 21 Cal.App.4th 373, 379. Here, on 09/10/18, defendants served upon plaintiff a demand to permit an inspection of her yard in order to assess the degree of nuisance caused by defendants' allegedly-overgrown shrubbery. Althou...
2019.3.28 Motion to Compel Inspection of Property 651
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.3.28
Excerpt: ...or Production/Inspection seeks entry onto the actual land to conduct non- invasive, expert testing of the subject stairs where this accident allegedly occurred, at a time with similar atmospheric conditions. Request for Production/Inspection seeks further responses and production of documents in response to document production requests for witness information and other documents. Authorities: Code of Civil Procedure § 2031.300, (3)(d) provides t...
2019.3.28 Motion for Attorney's Fees 876
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.3.28
Excerpt: ...ne prevailing party status only upon final resolution of the contract claims. (Hsu v. Abbara (1995) 9 Cal.4th 863, 876.) It is not enough to have prevailed on an “interim step” in the case. (DisputeSuite.com, LLC v. Scoreinc.com (2017) 2 Cal.5th 968, 977; Presley of Southern California v. Whelan (1983) 146 Cal.App.3d 959, 961.) Here, the appeal at issue was not a final resolution of the contract claims. Therefore, even though the Motion is un...
2019.3.28 Demurrer 726
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.3.28
Excerpt: .... The court finds that the second cause is duplicative of the first for negligence. Requests for Judicial Notice: The Defendant Planet Home Housing Pool 1, LLC's request that this Court take Judicial Notice of the Plaintiff's First Amended Complaint for personal injury filed January 28, 2019 is GRANTED. The Defendant Planet Home Development, Inc. request that this Court take Judicial Notice of the Plaintiff's First Amended Complaint for personal ...
2019.3.7 Motion to Tax Costs 309
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.3.7
Excerpt: ...her costs, which are therefore allowed. (See CRC 3.1700(b).) The Court does not have discretion to deny a party who “fits” one of the four definitions of a prevailing party in CCP §1032(a)(4), the entitlement to receive costs of suit. Here, Defendant Certified Auto does “fit” one the definitions, it is a defendant in whose favor a dismissal was entered. Hence, it is entitled to costs as a matter of right. (See CCP §1032(a)(4); Charton v...
2019.3.7 Motion to Quash Defective Deposition Subpoena 883
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.3.7
Excerpt: ... v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267; Monastero v. Los Angeles Transit Co. (1955) 131 Cal.App.2d 156, 161.) The Court may decline to consider papers that are not filed in conformity with the Code. (Rancho Mirage Country Club Homeowners Association v. Hazelbaker (2016) 2 Cal.App.5th 252, 266; Cal. Rule Ct. 3.1300 (d).) The Court requests that the Plaintiff consider the guidelines below. A “Motion” is generally one set ...
2019.3.7 Motion to Compel Medical Release 090
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.3.7
Excerpt: ...cility has refused to comply with a subpoena absent such a release. However, Dr. Saran has not shown why a motion to compel compliance with the subpoena was not thus sought, rather than this motion. Nor has he demonstrated that the types of “sensitive” information which may have thus been withheld should be discoverable here. Therefore, although Plaintiff has not filed opposition to the Motion, it fails on its own merits. However, defendants ...
2019.3.7 Motion to Compel Deposition 004
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.3.7
Excerpt: ...tion was then served for that date. On 01/03/19, Frank served objections to the deposition notice. The objections were procedural only, relating to the selected date and the presumed duration. That same day, referee Balmages conducted a telephone conference with all parties. It is unclear if the topic of Frank's deposition was actually discussed, as the conference came to a halt over a retainer fee dispute. On 01/16/19, plaintiff filed an ex part...
2019.3.7 Motion for Summary Judgment, Adjudication 525
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.3.7
Excerpt: ...t, Third Cause of Action for Account Stated, Fourth Cause of Action for Money Had and Received, and Fifth Cause of Action for Fraud. Materialness of Separate Statement Facts Defined by Moving Party: “Material facts” are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion. CRC 3.1350(a)(2). A moving...
2019.3.7 Motion for Protective Order, to Seal Evidence, to Compel Responses 728
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.3.7
Excerpt: ...y, education and employment information, although considered private information, may be relevant as to the veracity of R.C./A.C.'s statements at their respective depositions. This information is to be marked “Attorney's Eyes Only,” and is not to be shared with the any of the parties or the general public. Although Plaintiffs contend that they only seek answers to five questions, these questions seek to invade R.C.'s privacy in her mental hea...

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