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2024.02.29 Motion to Compel Further Responses, for Monetary Sanctions 279
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.29
Excerpt: ...ted protective order to the court. If the parties fa il to timely do so, the court will impose a protective order limiting the use of responses to the interrogatories in which a confidentiality/privacy right is claimed to this litigation and requiring that such information be surrendered or destroyed at the conclusion of this litigation. Upon entry of the protective order, Defendant John Marcin is ordered to serve complete, non- evasive further ...
2024.02.29 Motion for Summary Judgment, Adjudication 314
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.29
Excerpt: ...(Bohrer v. County of San Diego (1980) 104 Cal.App.3d 15 5, 164 [“[a]bsent a special statute, there is no authority for the court to take judicial notice … from a governmental document to establish the cause of death”].) Defendant's Reply Separate Statement (ROA 315) is not authorized and was not considered. (Na zir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) 1st cause of action: elder abuse / neglect. Moving party has not met...
2024.02.29 Motion for Summary Judgment, Adjudication 271
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.29
Excerpt: ...alif. Rules of Court, rule 3.1350(b); Truong v. Glasser (2010) 181 Cal.App.4th 102, 118.) Defendant's separate statement fails to comply with Calif. Rules of Court, rule 3.1350(b). Rather than deny the motion outright (CCP 437c(b)(1); Beltran v. Hard Rock Hotel Licensing, Inc. (2023) 97 Cal.App.5th 865, 875), the court el ects to treat defendant's motion as one for summary judgment only. Defendants fails to meet their initial burden to show the e...
2024.02.29 Motion for Entry of Judgment 129
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.29
Excerpt: ...e of damages is required for default judgment]; see also ROA No. 356 –Heidary Decl., in passim [one -page conclusory declaration].) There is also no affidavit of notice. (See Code Civ. Proc., § 587; Bae v. T.D. Service Co. of Arizona (2016) 245 Cal.App.4th 89, 108, fn. 15.) Even if plaintiff had complied with the for egoing requirements, the request for default judgment would still be denied because the operative first amended complaint (FAC)...
2024.02.29 Motion for Attorney Fees 214
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.29
Excerpt: ... fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate.” (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095 (PLCM Group).) “The reasonable hourly rate is that prevailing in the community for similar work. The lodesta r figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fe...
2024.02.22 Motion for Summary Judgment, Adjudication 061
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.22
Excerpt: ... second Hariri Decl., filed in support of cross- complainant's supplemental Opposition on 1 -5 -24, nor crossdefendants' objections to same. The original hearing was continued solely due to crosscomplainant's failure to provide an opposing separate statement, and the court specifically ordered that no new evidence was permitted. (See 12 -14 -23 min ute order continuing hearing (ROA 669).] 1st cause of action: professional negligence (Summary Ad...
2024.02.15 Motion to Quash Records Subpoenas 375
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.15
Excerpt: ...such records. Thus, the subpoenas to the billing departments of A & S H ealthcare and Alta Vista Assisted Living are quashed in full, and the balance of the subpoenas are quashed to the extent that they seek billing records. The motion is denied as to the balance of the records subpoenas issued by defendant. While the plaintiff s may assert a claim under the physician -patient privilege (See California Consumer Health Care Council, Inc. v. Califo...
2024.02.15 Demurrers to FAC 129
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.15
Excerpt: ...ouri (Doe 5) and Kouri Law Firm, APC (Doe 6) (together, the K houri defendants). (See ROA No. 401.) 5. San Bernardino County (Doe 4), erroneously sued as “County of San Bernardino.” (See ROA No. 322.) 6. Tushar Ramnik Doshi (Doshi) (Doe 9). All six demurrers are SUSTAINED as to the first amended complaint (FAC) in its entirety without leave to amend. The court on its own motion takes judicial notice of the following: 1. The 1/18/24 minute or...
2024.02.08 Motion to Compel Physical Exam 208
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.08
Excerpt: ... had previously conducted an independent medical examination of Plainti¯ in July 2021. Having failed to resolve this dispute informally, Defendant Sun now moves the Court for an Order requiring Plainti¯ to make himself available for another independent medical examination. Defendant Sun argues that Cal. Code Civ. Proc.. §2032.220, subd. (a) provides “any party” with the right to take a single physical examination on demand without leave ...
2024.02.08 Demurrer to FAC 019
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.08
Excerpt: ...ion of Labor Code sections 201, 202. The Þrst cause of action does not “clearly and a¯irmatively” appear time-barred on its face. (See Lee v. Hanley (2015) 61 Cal.4th 1225, 1232 (Lee) [a demurrer based on the statute of limitations is only permissible where the running of the statute appears “clearly and a¯irmatively” from the dates alleged, it is not su¯icient that the complaint might be barred].) The statute of limitations for an...
2024.02.08 Demurrer 996
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.08
Excerpt: ...with the pleading rules governing statutory claims.” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 496, 407 (citing Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790).) Here, while lengthy, the Complaint is hazy on the details when it comes to alleging how Moving Defendants' conduct constituted “neglect” within the meaning of the Act and how that neglect was a causal factor in the injuries alleged. Sp...
2024.02.08 Demurrer 906
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.08
Excerpt: ...ing members/board o directors o POKI CAT INNOVATIONS, LLC ("POKI CAT" or "deendant LLC"), a Caliornia limited liability company ("LLC"), and its member managers/presumptive Board o Directors to pursue the below-described claims against POKI CAT, Does 1 to 25, inclusive, deendants, and each o them, and the various co-deendants or diversion, conversion, deception, embezzlement, tax raud, securities raud, breach o contract, sel-dealing,...
2024.02.01 Motion for Summary Adjudication 375
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.01
Excerpt: ... (See Cal. Code Civ. Proc., §437c, subds. ()(1) and (p)(2); Aguilar v. Atlantic RichÞeld Co. (2001) 25 Cal.4th 826, 850-851.) In support o their Motion, Plainti¯s cite to Deendant's responses to various requests or admission and a corresponding Form Interrogatory No. 17.1. Plainti¯s contend that Deendant's responses are devoid o actual content, evasive, and demonstrate that Deendant has no evidence to support the a¯irmative deens...
2024.01.25 Motion to Compel Further Responses, for Monetary Sanctions 628
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.01.25
Excerpt: ...ants provided pursuant to this Court's Order is inadequate because it does not contain sufficient detail to enable Plaintiff to evaluate the merits of Defendants' privilege objection. Upon review of Defendants' privilege log, the Court finds the privilege log to contain sufficient information to evaluate Defendants' claims of privilege and/or work product protection. Defendants have complied with the Court's Order that they produce a privilege lo...
2024.01.25 Motion for Summary Judgment, Adjudication 481
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.01.25
Excerpt: ...'s discretion to deny motion on the basis of failure to comply with Rule 3.1350]. ) Summary judgment is denied because moving parties have not shown that there is no triable issue as to any material fact and that they are entitled to a judgment as a matter of law on plaintiff's entire operative Second Amended Complaint [SAC]. (Code Civ. Proc„ S 437c, subd. (c).) Specifically, as to the 1st cause of action, moving parties have not met their init...
2024.01.25 Motion for Summary Judgment 084
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.01.25
Excerpt: ...f quantum meruit —that the plaintiff acted pursuant to an express or implied request for services by the defendant. LHS focuses on presenting evidence that it did not make an express request to Plaintiffs to provide any services to the non-party patients. However, LHS overlooks that a quantum meruit claim can arise where the services are provided pursuant to an implied request for services. (Ochs v. PacifiCare (2004) 115 Cal.App.4th 782, 794 ["...
2024.01.25 Motion for Summary Adjudication 880
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.01.25
Excerpt: ...intiff's complaint alleges that "Ryan Morris agreed to rent from Plaintiffs Insured, Ability Center / Arch Channel Investments, LLC, a 20 Toyota Sienna." (Comp'. BC-I) Plaintiff's evidnece only establishes the existence of a rental agreement between Ryan Morris and Ability Center. There is no evidnece of a rental agreement between Mr. Morris and Arch Channel Investments, LLC, or the plaintiffs other INSURED. Where a party seeking summary judgment...
2024.01.25 Motion for Preliminary Injunction 485
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.01.25
Excerpt: ...�6th causes of action for breach of contract, negligence, breach of the covenant of good faith and fair dealing, wrongful foreclosure, cancellation of instruments, and declaratory relief. (See Mtn. P&As at pp. 5-12.) All six causes of action are based on the same set of factual allegations and the same alleged misconduct with respect to the foreclosure on plaintiff's second mortgage. (See, e.g„ Compl. 1, 4, 12, 15-21, 23 [general allegations], ...
2024.01.18 Motion to Quash Records Subpoenas 375
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.01.18
Excerpt: ...uch records. Thus, the subpoenas to the billing departments of Saint Mary's and TNA Residential Care are quashed in full, and the balance of the subpoenas are quashed to the extent that they seek billing records. The motion is denied as to the balance of the records subpoenas issued by defendant. While the plaintiffs may assert a claim under the physician-patient privilege (See California Consumer Health Care Council, Inc. v. California Dept. of ...
2024.01.18 Motion for Protective Order 689
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.01.18
Excerpt: ...ved informally. The party moving for a protective order bears the burden of showing good cause for issuance of the order by a preponderance of the evidence. (Stadish v. Superior Court (Southern California Gas Co.) (1999) 71 Cal.App.4th 1130 at 1145.) Ford seeks a protective order that restricts the disclosure of trade secrets. In order to show good cause for entry of such an order, Ford must present evidence that establishes the material it seeks...
2024.01.18 Demurrer, Motion to Strike 430
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.01.18
Excerpt: ...ng a cause of action "...constituting the cause of action, in ordinary and concise language" The FAC also fails to identify each cause of action and which defendant is being asserted against. The FAC fails to allege facts sufficient as to breach of fiduciary duty. (Pierce v. Lyman (1991) 1 Cal.App.4th 1093, 1101 [elementsl.) This cause of action is duplicative of the cause of action for legal malpractice and is subject to demurrer. (Couch v. San ...
2024.01.18 Anti-SLAPP Motion 199
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.01.18
Excerpt: ...lifornia, Case No. 8:23-cv-00103. (See Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co. (1993) 15 Cal.App.4th 800, 804 (Caiafa) ["when a federal action has been filed covering the same subject matter as is involved in a California action, the California court has the discretion but not the obligation to stay the state court action"; relevant considerations]; accord, Benitez v. Williams (2013) 219 Cal.App.4th 270, 276.) The hearing on this OSC...
2024.01.11 Motion to Quash Service of Summons and Complaint 062
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.01.11
Excerpt: ...n over defendant); Pavlovich v. Superior Court (2002) 29 Cal. 4th 262, 273.) Validity of Service Plaintiff has failed to establish that substituted service to George Hong or HJC America, Inc. is effective as to Moving Party. Plaintiff's argument that service was made to Moving Party's 'general manager' in California is not well taken. It is possible for service upon a wholly owned subsidiary or a contractor of a foreign entity defendant could be ...
2024.01.11 Motion to Compel Further Responses, for Monetary Sanctions 908
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.01.11
Excerpt: ...mate decision to deny the Moton does not necessarily rely upon any point or authority raised in Defendant's filing. Plaintiff will be afforded an opportunity to respond to any argument raised in the Opposition at the hearing on the Mohon. Plaintiff's Meet and Confer Efforts A moton to compel further responses to a Request for Production of Documents "shall be accompanied by a meet and confer declaration under Section 2016.040." (Cal. Code Civ. Pr...
2024.01.11 Motion for Summary Judgment, Adjudication 223
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.01.11
Excerpt: ...835,000.00 after completion of the LTRMN/UMBRLA transaction, breach of the obligation to give notice of the closing of the LTRMN/UMBRLA transaction, and by disparaging plaintiff in violation of section 10 of the separation agreement. Defendants only provide evidence that the term of the separation agreement did not require them to make the $835,000.00 payment, and fail to address the other two breaches that may require them to pay damages, and th...

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