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2019.12.30 Motion for Summary Adjudication 385
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.12.30
Excerpt: ...ir shared general counsel and the Board of Education did not appoint Jeffrey Riel as the shared general counsel. The first cause of action in the complaint by the Board of Education is for injunctive relief under Code Civ. Proc. sections 526 and 527. A claim for injunctive relief requires: (1) a tort or other wrongful act constituting a cause of action; and (2) irreparable injury, i.e., a factual showing that the wrongful act constitutes an actua...
2019.12.26 Motion to Compel Responses, for Sanctions, Demurrer 514
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.12.26
Excerpt: ...rogatories and Requests for Production are GRANTED. The evidence submitted to the court shows that defendants received service of the discovery requests no later than 06/24/19 and have yet to serve any responses. All objections are thus waived, and defendants are ORDERED to serve verified responses, without objections, to the subject discovery within 15 days. Additionally, the court imposes monetary sanctions against each defendant in the amount ...
2019.12.26 Motion for Summary Judgment, Adjudication 208
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.12.26
Excerpt: ...laint named defendant John Seidensticker as the responsible motorist. After learning that Behr was Seidensticker's employer at the time of the accident, Plaintiffs named Behr as Doe 1 defendant. After the court granted in part, and denied in part, Behr's motion to strike, but before Plaintiffs' filed the operative First Amended Complaint (“FAC”), Behr filed the instant motion. Although the Complaint to which the motion is directed is not the ...
2019.12.12 Motion to Quash Service of Summons 753
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.12.12
Excerpt: ...low, may serve and file a notice of motion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Plaintiff argues that the Motion filed on September 26, 2019 is untimely because Reat Taste was served with the Summons and Complaint via substitute service on August 16, 2019, and based on the date of service, any motion to quash was required to be filed by September 25, 2019. Reat Taste contends t...
2019.12.12 Motion for Attorney Fees 800
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.12.12
Excerpt: ...fault prove up hearing/bench trial, the court found in favor of plaintiff Balboa against defendants Ramian Estate, LLC dba Ramian Wines, Brian Graham and Ramian Wine (collectively “Defendants”) in the amount of $35,484.93, attorney's fees and post judgment interest to be determined. The lease agreement (“Lease”) upon which Balboa bases its suit includes an attorney's fee provision. See Lease, ¶ 13. As the prevailing party, plaintiff seek...
2019.12.12 Demurrer 863
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.12.12
Excerpt: ...d. Plaintiff alleges she began her employment with the Art of Gifting, Inc. “doing business as Bellagio Spas and Salons” on September 8, 2012. (See ¶6 of Complaint). Thereafter, Plaintiff alleges she received less in compensation than was agreed to, within an Independent Stylist Agreement, which is attached as Exhibit A to the Complaint. (See ¶7 of Complaint). As noted by Defendants, the Agreement attached to the Complaint was executed sole...
2019.12.12 Demurrer 753
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.12.12
Excerpt: ...laintiffs alleged that Dennis Xu had defrauded them, or whether a third party had defrauded them. Based on the revisions made by plaintiffs to the pleading, it appears to the court that plaintiffs' theory of liability against Dennis Xu sounds in negligence, and that their theory against Tri Pointe Connect sounds in respondeat superior. “Under the doctrine of respondeat superior, an employer is ordinarily liable for the injuries its employees ca...
2019.12.5 Motion for Protective Order 713
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.12.5
Excerpt: ...eks judicial notice of various trial court rulings in other unrelated cases on purportedly similar motions. Pursuant to Evid. C. § 452(d)(1), the court may take judicial notice of records of “any court of this state.” However, while the court may “judicially notice a variety of matters, only relevant material may be noticed.” Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4 th 556, 569. The orders submitted by moving party are irrelevant to...
2019.12.5 Motion for Summary Adjudication 020
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.12.5
Excerpt: ... to modify the Note. However, he does not clarify whose offer it was. The fact that plaintiff signed the document indicates that he accepted an offer from Civic Financial Services, thus creating a binding written modification. See Riverside Rancho Corp. v. Cowan, 88 Cal.App.2d 197, 208 (1948). Additionally, the court notes that this cause of action is legally improper. Declaratory relief is inappropriate to “correct conduct that occurred in the...
2019.12.5 Motion for Summary Judgment, Adjudication 695
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.12.5
Excerpt: ...ntiff Pedro Guerrero dismissed his cause of action for loss of consortium, which means that the sole remaining cause of action is for medical negligence. KHO contends that it is not directly liable for any alleged negligence in the care and treatment of plaintiff because it is not a healthcare provider. It contends that it is a holding company that is incorporated in Delaware and has its principal place of business in Louisville, Kentucky. It con...
2019.12.5 Motion to Tax Costs 889
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.12.5
Excerpt: ...ing party in any civil action is entitled to recover costs as a matter of right. Code Civ. Proc. §1032; Charton v. Harkey (2016) 247 Cal.App.4th 730, 737. The parties do not dispute that Plaintiff is the prevailing party. If the items in the cost bill appear on their face to be proper, the verified memorandum of costs is prima facie evidence of their propriety. The burden then rests with the party seeking to tax costs to show they were improper,...
2019.12.5 Application for Order of Sale 602
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.12.5
Excerpt: ... yards. 3. Plaintiff is the prevailing party in this action and entitle to costs of $2334.01 and attorneys' fees of $122,187.00. 4. Interest on the above penalties and costs will accrue at the rate of 10% per annum from entry of the amended judgment. RELIEF SOUGHT: Plaintiff and judgment creditor applies to the court for an Order of Sale of the property at 12 Gondoliers Bluff, Newport Coast, CA 92657. Moving Party's CONTENTIONS: Plaintiff is tryi...
2019.11.21 Motion for Determination of Good Faith Settlement 345
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.11.21
Excerpt: ...proportionate liability.” See Toyota Motor Sales U.S.A., Inc. v. Sup. Ct., 220 Cal.App.3d 864, 871 (1990). However, even if the plaintiff's damages are potentially high, and a defendant's liability certain, “a disproportionately low settlement figure is often reasonable in the case of a relatively insolvent, and uninsured, or underinsured, joint tortfeasor.” See County of Los Angeles v. Guerrero, 209 Cal.App.3d 1149, 1157 (1989). Here, Mr. ...
2019.11.21 Motion for Summary Judgment, Adjudication 695
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.11.21
Excerpt: ...ry objections are all overruled because they do not comply with the requirements in CRC 3.1354(b), which requires each written objection to be numbered consecutively. Defendant's objections 1-10 to the expert declaration of Angelina Maria Arturo, D.P.T., R.P.T. are overruled. Defendant's objections 1-7 to the declaration of plaintiff Carmen Casas Guerrero are overruled. Defendant's objections 1-6 to the declaration of David Guerrero are overruled...
2019.11.21 Motion to Compel Arbitration 381
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.11.21
Excerpt: ...nd respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists unless it determines that the right to compel arbitration has been waived by the petitioner or that grounds exist for the rescission of the agreement. Code Civ. Proc. § 1281.2. A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such...
2019.11.21 Motion for Protective Order, to Strike, for Attorney Fees 713
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.11.21
Excerpt: ...Cal.4th 245, 255. Therefore, it is Plaintiffs' burden to present competent evidence that the exclusion of Valencia from Deponents' depositions is warranted. Pursuant to Code of Civ. Proc. § 2025.420, a court may, “for good cause shown,” make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden or expense. Included with...
2019.11.7 Motion for Judgment on Undertaking Against Judgment Debtors 636
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.11.7
Excerpt: ...g in which the bond is given and the time for appeal has expired or, if an appeal is taken, until the appeal is finally determined. The motion shall not be made or notice of motion served more than one year after the later of the preceding dates. (c) Notice of motion shall be served on the principal and sureties at least 30 days before the time set for hearing of the motion. The notice shall state the amount of the claim and shall be supported by...
2019.10.31 Motion to Compel Arbitration 381
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.31
Excerpt: ... must order the petitioner and respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists unless it determines that the right to compel arbitration has been waived by the petitioner or that grounds exist for the rescission of the agreement. Code Civ. Proc. § 1281.2. A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and...
2019.10.31 Demurrer, Motion to Strike 673
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.31
Excerpt: ...ges 4. Demurrer of Defendants CEP America-California, Khanh P. Tran, M.D. and Khanh P. Tran, M.D., Inc. to Plaintiffs' Second Amended Complaint 5. Motion by Defendants CEP America-California, Khanh P. Tran, M.D. and Khanh P. Tran, M.D., Inc. to Strike Portions of Plaintiffs' Second Amended Complaint Defendants Memorialcare Health System dba Memorial Health Services and Saddleback Memorial Medical Center's (collectively “Memorialcare”) demur t...
2019.10.31 Demurrer 494
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.31
Excerpt: ...r Specific Performance of an Implied Agreement; and Fourth Cause of Action for Breach of Contract alleged in plaintiff Karin Holloway's Complaint is sustained with leave to amend. Defendant argues that the second, third and fourth causes of action are barred by Code of Civil Procedure Sections 366.2(a) and 366.3(a). Code of Civil Procedure§ 366.2(a) provides: "If a person against whom an action may be brought on a liability of the person, whethe...
2019.10.31 Application for Right to Attach Order and for Issuance of Writ of Attachment 469
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.31
Excerpt: ...should be disregarded because it was filed and served on October 23, 2019. However, plaintiff is incorrect because the general rules for filing and service in Code Civ. Proc. § 1005 do not apply. Rather, subdivision (a) of Code Civ. Proc. § 484.060 provides that if a defendant wishes “to oppose the issuance of the right to attach order sought by plaintiff or objects to the amount sought to be secured by the attachment, the defendant shall fil...
2019.10.3 Petition for Alternative Writ of Mandate to Set Aside Suspension of Driving Privilege 504
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.3
Excerpt: ...driving with a BAC of .08% or more supported by the weight of the evidence? Pederson was the only person who testified during the Administrative Hearing on 11/16/18. She admitted to having “an alcoholic beverage.” [AR 32, 9-12] She also testified that if she has two drinks, “I throw up.” [AR 32,15-19] She confirmed the officer's report that she had two vodka tonics. [AR 32:22 – AR 33:1] Field sobriety tests were administered. [AR 36:10 ...
2019.10.3 Motion for Trial Preference 121
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.3
Excerpt: ...rty to a civil action to recover damages for personal injury who is under the age of 14 shall be entitled to preference upon motion “unless the court finds that the party does not have a substantial interest in the case as a whole.” Further, per Code of Civ. Proc. § 36(e), the “court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by gr...
2019.10.3 Motion for Summary Judgment, Adjudication 655
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.3
Excerpt: ...ond, he wants the court to declare that plaintiffs' use of vehicles on his property related to commercial or noncommercial equestrian operations constitutes an impermissible excessive burden and overuse of the easements such that they have extinguished any right plaintiffs may have had to use his property for any purpose. Summary adjudication of the First Cause of Action requires that Thier negate both grounds for declaratory relief. Thier argues...
2019.10.3 Motion for Summary Judgment, Adjudication 024
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.3
Excerpt: ... of Action), Issue No. 3 (Fourth Cause of Action) and Issue No. 4 (Third Cause of Action). The District's motion for summary judgment is DENIED, The District's motion for summary adjudication is GRANTED in part, and DENIED in part. Procedural Defect: Plaintiff objects to District's exhibits A through I on the grounds that Plaintiff has failed to comply with California Rules of Court, Rule 3.1350(g) which requires that “[i]f evidence in support ...
2019.10.3 Motion for Determination of Attorney Fees and Costs Under Settlement Agreement 085
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.3
Excerpt: ...sts as the prevailing party after the surrender of the vehicle and as agreed by the parties by stipulation or, if the parties cannot agree, as determined by the court in a single noticed motion.” A prevailing buyer in an action under the Song-Beverly Act is permitted to recover “a sum equal to the aggregate amount of costs and expenses, including attorneys' fees based on actual time expended, determined by the court to have been reasonable in...
2019.10.3 Motion Determining Sufficiency of Trade Secret Disclosure 796
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.3
Excerpt: ...C US, David Earl Stephens, James Leroy Cotterman, Jr., James D. Weber, Mark P. Hontz, Kimberly R. Kerry, Colin J. Schottlaender, William H. Swanson, Thomas A. Kennedy, Matthew Brewer, F. Kinsey Haffner, Brian J. Armstrong and Keith Peden: Standard of Proof for Summary Judgment/Adjudication Since res judicata and the statute of limitations are affirmative defenses, defendants have the burden of proof: “The burden on a defendant moving for summar...
2019.10.3 Demurrer, Motion to Strike 410
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.3
Excerpt: ...tion to strike, Defendant seeks Judicial Notice of plaintiff's governmental claim against the City. The demurrer is SUSTAINED in part and OVERRULED in part. The request for judicial notice is GRANTED. The motion to strike is MOOT. Request for Judicial Notice The court takes judicial notice of the date plaintiff presented his claim against the City under Cal. Evid. Code §§ 452(h) and 453. However, the court may not take judicial notice of the tr...
2019.4.25 Application to Lift Stay and Issue Updated Writ of Possession 630
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.4.25
Excerpt: ...ich it imposed on 12/14/17 and to issue an updated writ of possession, now that the appeals process has been concluded. (CCP 1176.) The court GRANTS the motion, for the following reasons. CCP 1176 (a) provides that on appeal from a judgment in a unlawful detainer action, no automatic stay shall apply, but this court has discretion to enter a stay. “An appeal taken by the defendant shall not automatically stay proceedings upon the judgment. Peti...
2019.3.14 Motion for Cost of Proof Sanctions 015
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.3.14
Excerpt: ...Admissions was for good reason. The Requests were served shortly after the Answer was served. A demand letter had been served on defendants' insurer after the action was served, but before the Requests were served. The demand letter, and documents later produced to defendants' counsel, showed that at least one preexisting condition, specifically to the left shoulder. The records showed only post- accident medical history. There were no records wi...
2019.3.14 Motion to Compel Arbitration 993
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.3.14
Excerpt: ...owever, the court's authority may be placed into the hands of the arbitrator by language in the arbitration agreement that “clearly and unmistakably” empowers the arbitrator to decide what matters are arbitrible. Howsam v. Dean Witter Reynolds, Inc. (2002) 537 U.S. 79, 84 There is no “clear and unmistakable” language conferring the decision to determine enforceability to the arbitrator. That said, this is the point at which some of the ar...
2019.3.14 Motion for Summary Judgment 201
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.3.14
Excerpt: ...lishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) The public entity had...
2019.3.7 Motion to Quash Deposition, for Protective Order, to Lift Stay 796
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.3.7
Excerpt: ...” of the 2016 case because it deals with the same issues as this case. In fact, Plaintiff admits in his opposition that the same trade secrets are involved in both cases when he asserts he has the right to discovery in this case because he adequately described the trade secrets in the 2016 case. However, on 1-31-2019 the Court of Appeal dismissed Plaintiff's appeal. Therefore the 2016 case may be “resolved”. Accordingly, the court will hear...
2019.3.7 Motion to Compel Responses, Request for Sanctions 230
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.3.7
Excerpt: ...f Douglas Ramirez to Serve Verified Responses Without Objections to Defendant's Supplemental Interrogatory and Imposition of Monetary Sanctions is GRANTED. (See Code Civ. Proc. § 2030.290). Motion No. 2. Defendant Mercury Insurance Group's Motion for Order Compelling Plaintiff Douglas Ramirez to Serve Verified Responses Without Objections and All Responsive Documents to Defendant's Supplemental Inspection Demand and Imposition of Monetary Sancti...
2019.3.7 Motion for Judgment on the Pleadings 502
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.3.7
Excerpt: ...on was filed by Orange Holdings on 11/26/18. There were no objections by Board. On 12/26/18, the court issued its final Statement of Decision. Summarizing, the court found the following:  The Administrative Record shows there was substantial evidence to support Board's revision of its Findings of Fact  There was no violation of procedural due process with regard to the new valuation  There was no abuse of discretion in finding that there...
2019.3.7 Demurrer 602
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.3.7
Excerpt: ...(Doe 3); and (4) Marriott Vacation Club (Doe 4). (Evidence Code 452(d)(1).) The demurrer by defendant Marriott Resorts Hospitality Corporation (erroneously sued and served as Marriott's Newport Coast Villas, DOE 3; erroneously sued as Marriott Vacation Club, DOE 4; erroneously sued as Marriott Vacation Club International, DOE 2; and erroneously sued as Marriott Vacations Worldwide, DOE 1) is overruled. Moving party argues that plaintiff was not g...
2019.3.7 Motion to Strike 180
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.3.7
Excerpt: ...Gansen Law Group, P.C. is not entitled to attorney fees on any other basis; for example, pursuant to a written fee agreement, as indicated in the Notice of Lien. Attorney Gansen has in fact provided evidence that the parties executed a written fee agreement providing for a lien. Absent evidence that Gansen Law Group, P.C. is not entitled to attorney fees at all, on any basis, moving party has not shown that the Notice of Lien contains “irreleva...
2019.2.21 Motion to Quash Service of Summons and Complaint 455
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.21
Excerpt: ...eneral jurisdiction, in that Plaintiff fails to present evidence that demonstrates that Defendant Brook Kozlowski was located in California, or that he conducted sufficient business in California to support general jurisdiction. (Daimler AG v. Bauman (2014) 571 U.S. 117). However, Plaintiff's evidence is sufficient to demonstrate the existence of specific jurisdiction over Defendant Brook Kozlowski. Plaintiff presents evidence that Defendant Kozl...
2019.2.21 Motion for Terminating Sanctions or for Evidentiary, Issue, or Monetary Sanctions 620
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.21
Excerpt: ... terminating, issue and/or evidentiary sanctions is GRANTED in part as to an evidentiary sanction. C.C.P. § 2023.030(c) but DENIED as to terminating sanctions. Terminating sanctions are to be used sparingly and plaintiff Nancy Horner has submitted to depositions and produced discovery responses, even if not fully compliant with the discovery act. Slesinger, Inc. v. Walt Disney Co. (2007) 155 Cal.App.4 th 736, 764 to 765. The Parker case is disti...
2019.2.21 Motion for Summary Judgment, Adjudication 889
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.21
Excerpt: ...esented evidence to create triable issues of material fact as to a prima facie case for violation of Labor Code § 1102.5. Labor Code § 1102.5(b), Civil Code § 1798.81.5(b), McVeigh v. Recology San Francisco (2013) 213 Cal.App.4 th 443, 468. [Plaintiff's Response to Defendant's UMF Nos. 3 and 16.] Also, temporal proximity between the claimed reporting and termination is sufficient to support a prima facie case. Loggins v. Kaiser Permanente Int'...
2019.2.21 Motion for Attorneys' Fees 778
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.21
Excerpt: ...party if any party to the action requests attorney's fees and costs upon the initiation of the action. However, if the prevailing party in the court action is not an employee, attorney's fees and costs shall be awarded pursuant to this section only if the court finds that the employee brought the court action in bad faith. This section shall not apply to an action brought by the Labor Commissioner. This section shall not apply to a surety issuing...
2019.2.21 Demurrer 020
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.21
Excerpt: ...c., dba “BSI Financial Services” to Plaintiff's Second Amended Complaint (‘2 ndAC”) are each SUSTAINED with leave to amend. (Code Civ. Proc. § 430.10(e)). The Demurrer to the First Cause of Action For Negligence is SUSTAINED on the grounds that the 2 ndAC fails to allege fact sufficient to create a duty of due care in favor of Plaintiff. (Nymark v. Heart Fed. Sav. & Loan Ass'n (1991) 231 Cal.App.3d 1089, 1100). The Demurrer to the Second...
2019.2.14 Demurrer 285
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.14
Excerpt: ...to amend. (Code Civ. Proc. § 430.10,(e)). The Demurrers to the First, Second, Third, and Fourth Causes of Action in the 3 rdAC are SUSTAINED without leave on the basis that the 3 rdAC again fails to allege adequate facts to bring the subject loan within the statutory scheme supporting these causes of action. Even if the predicate facts were pled, Civ. Code § 2923.4, which states that nothing in the HBOR shall be interpreted to require a particu...
2019.2.14 Motion to Strike 630
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.14
Excerpt: ... of punitive damages. No allegations of “malice” or intent to injure plaintiff are required, because fraud is an alternative basis for recovery (“oppression, fraud or malice”). (Weil & Brown, Civil Procedure Before Trial, Chapter 6-B, Section 6:165, citing Stevens v. Superior Court (1986) 180 Cal.App.3d 605, 610 [“Civil Code section 3294 … treats ‘oppression, fraud, or malice' as separate bases for imposition of exemplary damages �...
2019.2.14 Motion for Determination of Good Faith Settlement 630
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.14
Excerpt: ... upon giving notice in the manner provided in subdivision (b) of Section 1005. … … (b) The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counter affidavits filed in response, or the court may, in its discretion, receive other evidence at the hearing. (c) A determination by the court that the settlement was made in good faith shall bar any other join...
2019.2.14 Demurrer 342
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.14
Excerpt: ...nt AAI conceded a joint employer relationship can exist and presented no argument or authority in support of its general demurrer. Rule 3.1113(b). Hence defendant AAI's general demurrer is overruled. As to the special demurrer, defendant AAI is clearly apprised that plaintiff Anderson is contending AAI is her joint employer. A demurrer for uncertainty will only be sustained where the complaint is so poorly pled that a defendant cannot reasonably ...
2019.2.7 Demurrer 294
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.7
Excerpt: ...t is time barred by the 3-year statute of limitations under CCP § 338(d). The Complaint does not invoke the delayed discovery rule. Even if it did, the delayed discovery rule does not apply. Constructive notice is the equivalent of actual notice (Citizens for Covenant Compliance v. Anderson(1995) 12 Cal.4th 345, 355). A marriage certificate is a matter of public record. If Alma Bouchot Soto was legally married to someone else, plaintiff would ha...
2019.2.7 Motion for Sanctions 671
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.7
Excerpt: ...to cause unnecessary delay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3. (b) For purposes of this section: (1) “Actions or tactics” include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading. The mere filing of a complaint without service thereof on a...
2019.2.7 Motion to Tax Costs 060
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.7
Excerpt: ...774 (Ladas).) Code of Civil Procedure section 1033.5 enumerates allowable costs and costs which are not allowable. Even those amounts that are defined as recoverable under section 1033.5, subdivision (a), may only be recovered if they are both reasonable in amount and reasonably necessary to the conduct of the litigation, as opposed to merely convenient or beneficial to its preparation. (Code Civ. Proc., § 1033.5, subd. (c)(2)-(3).) Finally, an ...
2019.2.7 Demurrer, Motion to Strike 514
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.2.7
Excerpt: ...for waiting time penalties, such a cause of action can be stated against defendant Jeffrey Bulger in his individual capacity based on Labor Code § 558.1, which became effective in 2016. Labor Code § 558.1, McClain v. PQ Beverly Hills, Inc. (CD Cal. 2017) 2017 WL 1250978, and Roush v. MSI Inventory Service Corp. (ED Cal 2018) 2018 WL 3637066. The Reynolds decision in 2005 pre-dates the passage of Labor Code § 558.1. Next, plaintiff Wagner has a...

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