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2019.10.17 Motion for Summary Judgment, Adjudication 643 (2)
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.17

Excerpt: ...f a longstanding landlord-tenant relationship between plaintiff and the City of Fullerton. These motions – aimed at the complaint and cross-complaint - present some overlapping questions, all of which remain to be determined at trial: (1) When was the commencement date for the lease and when did the lease expire? (2) Did plaintiff properly exercise its option to renew the lease, and if not, why not? (3) Did the City repudiate the lease and if s...

2019.10.17 Application for Pro Hac Vice 455
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.17

Excerpt: ...ified declaration? Yes 3. Service on the State Bar in San Francisco? Yes – filed on 10/3/19 4. Good standing and not currently suspended or disbarred? Yes – admitted in Illinois federal and state courts 5. Number of other California appearances? None 6. Residence address? 9943 S.Clifton Park, Evergreen Park, Illinois 7. Office Address? 190 So. LaSalle Street, Suite 3700, Chicago, Illinois 8. Proof of payment? Yes – filed on 10/3/19 Moving a...

2019.10.17 Demurrer 052
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.17

Excerpt: ...tten instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may upon his application, be so adjudged, and ordered to be delivered up or cancelled.” (Civ. Code § 3412.) Here, Plaintiffs seek cancellation of the Notice of Default. (Complaint, ¶ 75.) The Complaint alleges that on February 28, 2007, Plaintiff refinanced her property a...

2019.10.10 Motion to Strike Complaint 733
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.10

Excerpt: ...(See V3, ROA Nos. 23 & 25.) The window to file a SLAPP was open until approximately mid-August 2018. Instead of filing a SLAPP motion, defendant C.A.R. Law, P.C. removed the case to federal court on 07/19/18. The California Supreme Court last year addressed the applicability of the 60-day deadline to amended pleadings when it affirmed a SLAPP denial in Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism, 4 Cal.5 th 637 (2018). In that...

2019.10.10 Motion to File an Undertaking 455
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.10

Excerpt: ... that, “[w]hen the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding.” Subdivision (b) provides that the motion is to be made on the ground that the plaintiff resid...

2019.10.10 Motion to Change Venue, to Stay Case 200
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.10

Excerpt: ... court denied two prior motions brought by Plaintiffs for the same relief, on the same grounds. Plaintiffs fail to comply with the requirements of Code of Civ. Proc.§ 1008. Moreover, the motion is procedurally deficient, as it fails to include a notice. A notice of motion “must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order,” as well as the papers upon which it is based. (CCP § ...

2019.10.10 Motion for Attorney's Fees, for Enforcing the Judgment 636
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.10

Excerpt: ...g party is the respondent if the Court of Appeal affirms the judgment without modification or dismisses the appeal.” (CRC 8.278(a)(2).) Here, Kelsey was the Respondent on appeal. The court of appeal affirmed the trial court's orders granting Kelsey his attorney fees. (Opinion, Case No. G055668.) The appellate opinion also awarded costs on appeal to Kelsey. (Id., p. 28.) Thus, the court finds that Kelsey is the prevailing party on appeal. (CRC, ...

2019.10.10 Demurrer 650
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.10.10

Excerpt: ...ry except as otherwise provided by statute. (Gov't Code § 815(a).) City further argues that the liability of a public entity for injury caused by the dangerous condition of public properly is exclusively governed by Government Code Section 835, which Plaintiff has already alleged in her first cause of action for premises liability. City correctly argues that Plaintiff's premises liability cause of action alleges liability based on the dangerous ...

2019.1.31 Motion for Determination of Good Faith Settlement 997
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.1.31

Excerpt: ... 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 joint tortfeasor or ...

2019.1.31 Demurrer 655
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.1.31

Excerpt: ...e declaration of Laya Dogmetchi, although no specific request for judicial notice was made by moving parties as to these documents. As to Ex. A, the unpublished Court of Appeal decision, the court takes judicial notice of the opinion, but not as to the truth of factual findings made therein. (Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548; Western Mutual Ins. Co. v. Yamamoto (1994) 29 Cal.App.4th 1474, 1485.) As to Exs. B and C, the court takes ju...

2019.1.31 Motion for Reconsideration 887
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.1.31

Excerpt: ...n for Reconsideration is DENIED. (Code Civ. Proc. § 1008). Real Parties' motion was not based upon new or different facts, circumstances, or law, and failed to establish why such facts, conditions, or law were not provided at the initial hearing. The Real Parties' own moving brief cited Gov. Gray Davis Com. v. American Taxpayer Alliance (2002) 102 Cal.App.4th 449, thus it is not a “new” or “different” fact or law. The court's tentative d...

2019.1.31 Motion to Compel Deposition, Request for Monetary Sanctions 308
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.1.31

Excerpt: ...way Corporation dba Technologent for an Order Compelling Defendant Mary Gore's Further Responses to Demand for Inspection, Set Two, and For Production of ESI: 5. Motion by Plaintiff Thomas Gallaway Corporation dba Technologent for an Order Compelling Defendant Jonathan Grimm's Further Responses to Demand for Inspection, Set Two, and For Production of ESI: 6. Motion by Plaintiff Thomas Gallaway Corporation dba Technologent for an Order Compelling ...

2019.1.31 Motion to Compel Further Responses, Request for Monetary Sanctions 595
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.1.31

Excerpt: ...use,” the burden shifts to responding party to justify any objections made to the document production. Kirkland v. Superior Court (2002) 95 Cal.App.4 th 92, 98. Also, defendant Walt Disney Parks and Resorts, U.S., Inc. was ordered two times to produce a privilege log as to any and all documents being withheld under a claim of privilege yet defendant failed to produce any privilege log as ordered. (11-2-19 Minute Order and 11-29-18 Minute Order....

2019.1.25 Motion to Strike Survival Complaint 782
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.1.25

Excerpt: ...rt of corporate/employer liability. Civil Code section 3294 authorizes an award of punitive damages in an action “for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice.” (Civ. Code, § 3294, subd. (a).) Oppression is defined as “despicable conduct that subjects a person to cruel and unjust hardship in conscious disrega...

2019.1.25 Motion to Compel Further Responses, for Sanctions 620
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.1.25

Excerpt: ...tion to compel further RFPD responses by plaintiff Nancy Horner was granted as to RFPD Nos. 1, 3, 4, 5, 6, 7, 8, 9, 11, and 17 through 65, plaintiff Nancy Horner is ordered to serve a supplemental verified response to these document requests, in compliance with C.C.P. § 2031.220, within 21 days, and denied as to RPFD No. 66. Plaintiff Horner served supplemental RFPD responses as to both defendant Nationstar and defendant BONY's RFPD. (Declaratio...

2019.1.25 Demurrer 486
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.1.25

Excerpt: ...action but a remedy. (Marlin v. Aimco Venezia, LLC (2007) 154 Cal.App.4th 154, 162; County of Del Norte v. City of Crescent City (1998) 71 Cal.App.4th 965, 973.) Cross-complainants are granted leave to amend, so as to allege injunctive relief as a remedy in connection with another valid cause of action. The remainder of the demurrer is overruled. As to the first, second, and third causes of action, the cross- complaint alleges that cross-defendan...

2019.1.25 Application to Appear Pro Hac Vice, to Quash Service of Summons and Complaint 244
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.1.25

Excerpt: ...arty to give notice. 2. Application of Jocelyn Wiesner to Appear as Counsel Pro Hac Vice for Defendant Cynosure, Inc.: Attorney Jocelyn Wiesner's application for admission pro hac vice is GRANTED. Attorney Wiesner has presented evidence that her application complies with Rule 9.40. Also, evidence of payment of the $50.00 filing fee to the State Bar of California and service of this application on the State Bar of California has been filed. Moving...

2019.1.25 Application for Right to Attach Order, for Issuance of Writ of Attachment 462
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2019.1.25

Excerpt: ...al claim. [CCP § 483.010] Upon the filing of a complaint or at any time thereafter, the plaintiff may apply for a right to attach order (“RTAO”) and writ of attachment by filing an application for the order and writ with the court in which the action is brought. (Code Civ. Proc., § 484.010.) The application must be executed under oath and must include the following statements: (1) the attachment is sought to secure the recovery on a claim o...

2018.8.9 Motion to Compel Further Responses, for Monetary Sanctions 013
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.9

Excerpt: ...iff Daystar Hotels, Inc. to provide further responses to Special Interrogatories, Set One, is granted in part and denied in part. The motion is granted as to Special Interrogatories Nos. 65, 69, 71, and 89. As to Special Interrogatory No. 65, this contention interrogatory requests information supporting a common count, but plaintiff's response refers to the Hotel Management Agreement between the parties. A common count does not lie to enforce an ...

2018.8.9 Motion to Compel Arbitration, Stay Proceedings 547
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.9

Excerpt: ...mpel arbitration because there is another, similar action pending in Riverside County that involves a third party; Gary's mother Colleen. A defense to enforcement of an arbitration agreement is that litigation is pending with a third party arising from the same transaction, and there is a possibility of conflicting rulings on common issues. (C.C.P. 1281.2(c).) In such a situation, the court may either  refuse arbitration and order intervention...

2018.8.9 Motion to Compel Further Responses, for Leave to Reopen Discovery 889
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.9

Excerpt: ...bin Duncan's motion to compel responses to plaintiff's third set of request for admissions by defendant DKG is DENIED because this discovery is untimely. C.C.P. § 2024.020. 3. Motion by Plaintiff Robin Duncan for Leave to Reopen Discovery: Plaintiff Robin Duncan's motion to reopen discovery against defendant Duncan Kitchen Grips, Inc., pursuant to C.C.P. § 2024.050(b), is DENIED. Regan v. Lanet (1987) 197 Cal.App.3d 353, 359 to 360. Plaintiff R...

2018.8.9 Application for Right to Attach Order, for Temporary Protective Order, for Writ of Attachment 045
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.9

Excerpt: ...based on some contract. The burden is on plaintiffs to establish the validity of the attachment. Loeb & Loeb v. Beverly Glen Music, Inc. (1983) 166 Cal.App.3d 1110, 1116. Also, since California's attachment law is purely statutory, it must be strictly construed. Kemp Bros. Construction, Inc. (2007) 146 Cal.App.4 th 1474, 1476. The Klein case is distinguishable as it involved a president of a corporation who solicited investment by plaintiff and t...

2018.8.9 Motion to Quash Subpoenas, Request for Sanctions 505
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.9

Excerpt: ...Unified Port Dist.) (1978) 20 Cal.3d 844, 864 [medical records]; Davis v. Superior Court(1992) 7 Cal.App.4th 1008, 1014 [medical records]; Fortunato v. Superior Court (2003) 114 Cal.App.4th 475, 480-481 [financial records]; Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, 528-530 [employment records]; Ins. Code, §§ 791.13, 791.01, et seq. [insurance records].) Defendant has failed to demonstrate a compelling need for the requested...

2018.8.9 Motion to Quash Subpoenas, Request for Sanctions 927
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.9

Excerpt: ...rivacy in his medical records Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014. The subject subpoenas here are overly broad in scope. The subpoenas seek information pertaining to plaintiff's health issues that have nothing to do with the injuries he suffered as a result of the accident at issue. The subpoena issued to plaintiff's employer (or his business) is overly broad both as to scope and time. The party seeking disclosure of the const...

2018.8.9 Motion to Tax Costs 529
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.9

Excerpt: ...n of proof is on the party claiming them as costs.” Id., at 774. But if costs do not appear proper, of if their necessity seems doubtful on their face, and if the items are properly challenged, the burden is on the claimant to establish the need for them. Id. Also, in Oak Grove School Dist. v. City Title Ins. Co. (1963) 217 Cal.App.2d 678, the court explained: “If the items appear to be proper charges the verified memorandum is prima facie ev...

2018.8.9 OSC Re Preliminary Injunction 489
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.9

Excerpt: ... is DENIED. (Code Civ. Proc. §§ 526 & 527) Plaintiffs' evidence failed to establish a likelihood of success on any of the causes of action in the complaint. (Fleishman v. Superior Court (2002) 102 Cal.App.4th 350). The Plaintiffs fail to provide sufficient evidence to show that the subject mortgage loan falls within the effect of the Homeowner's Bills of Rights. (“HBOR”) The remaining causes of action all flow from the claimed HBOR violatio...

2018.8.2 Motion to Quash Subpoenas 927
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.2

Excerpt: ... seek Mr. Morgan's entire 59 year medical history. The scope of the subpoenas are fatally overly broad. The party seeking disclosure of the constitutionally protected information bears the burden of establishing direct relevance. (Davis, supra, 7 Cal.App.4th at p. 1017.) There is no opposition to this motion (although there is an opposition for the motions to quash scheduled for next week (August 9, 2018). As such, defendant has not met her burde...

2018.8.2 Motion to Find Undertaking is Not Adequate 636
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.2

Excerpt: ...ads Hemet's 07/13/18 Undertakings. The court rules as follows: The objection on the grounds that Scott G. Hook is not a proper personal surety is SUSTAINED. Mr. Hook relies upon his residence located at 1800 Port Westbourne Place, Newport Beach, CA 92660 (the “Property”) for the interest in real or personal property required by Code Civ. Proc. §§ 995.510, subd. (a)(3) & 995.920, subd. (b)(3), however he testifies that he does not own the Pr...

2018.8.2 Motion for Change of Venue, to Stay Case, to Strike 200
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.2

Excerpt: ...aration which does not comply with CCP 2015.5 is defective and of no evidentiary value. (Kulshrestha v. First Union Commercial Corp. (2004) 33 Cal. 4th 601, 612.) 2. Motion by Tony Nguyen to Stay the Case 6 Months: The motion by plaintiff Tony Nguyen to stay this action for six months is denied. Proof of service is defective, as the proof of service of the moving papers does not comply with the requirements for proof of service by either mail or ...

2018.8.2 Demurrer 630
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.2

Excerpt: ... (1992) 9 Cal.App.4th 1362, 1369.) A cause of action accrues when “the cause of action is complete with all of its elements.” (Norgart v Upjohn(1999) 21 Cal.4th 383, 397.) “[T]he statute of limitations begins to run when the plaintiff suspects or should suspect that [its] injury was caused by wrongdoing, that someone has done something wrong … the limitations period begins once the plaintiff “has notice or information of circumstances t...

2018.8.2 Demurrer 625
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.8.2

Excerpt: .... (See, TAC, ¶ 155.) Also, plaintiff Manos has not pled facts that any of these sums are actually due to plaintiff Manos rather than some other third parties. Third, plaintiff Manos has not alleged facts that defendant The Wolf Firm as trustee had any role in the reporting of the anti-deficiency judgment for which it received a benefit. The court notes that plaintiff Manos alleged that defendant The Wolf Firm and other defendants again had no au...

2018.7.26 Demurrer, Motion to Strike 706
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.26

Excerpt: ... in Committee on Children's T.V., Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, the court explained that less particularity is required when the parties all have knowledge of the transaction. Id., at 217. The court explained that: “We observe, however, certain exceptions which mitigate the rigor of the rule requiring specific pleading of fraud. Less specificity is required when ‘it appears from the nature of the allegations that the defen...

2018.7.26 Motion to Quash Subpoenas, Request for Sanctions 505
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.26

Excerpt: ...nsurance Company, Inc. by defendant Acampora quashed. (Saperstein Decl. at Exh. 2.) The subpoenas are impermissibly overbroad and seek information protected by plaintiff's right to privacy. (See Britt v. Superior Court (San Diego Unified Port Dist.) (1978) 20 Cal.3d 844, 864 (Britt) [medical records]; Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014 [medical records]; Fortunato v. Superior Court (2003) 114 Cal.App.4th 475, 480-481 [financi...

2018.7.19 Motion to Stay Case 280
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.19

Excerpt: ...ica v. State of California, U.S. District Court, Eastern District of California, Case No. 2:18-cv-00490-JAM- KJN. Judicial Notice is GRANTED as to Exhibits 1 and 2 but not as to the truth of each and every entry set forth therein. Evidence Code § 452(d) and Kilroy v. State California (2004) 119 Cal. App. 4th 140, 145 Merits of Motion Trial courts have the authority and discretion to control the order of the proceedings before them. See, C.C.P. �...

2018.7.19 Motion for Leave to Amend Complaint 194
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.19

Excerpt: ...y against sham pleadings requires the pleader to explain satisfactorily any such omission. Otherwise, the original defect “infects” the subsequent pleading as well, i.e., the self-destructive allegations of the original pleading will be “read into” the amended pleading as well. Owens v. Kings Supermarket (1988) 198 Cal.App.3d 379, 384. Even if plaintiff was attempting to amend the complaint to state Mr. Rosburg hit plaintiff's vehicle twi...

2018.7.19 Motion to Enforce Settlement, Enter Judgment 985
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.19

Excerpt: ...4th 826, 850-851 If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) If the defendant meets this initial burd...

2018.7.19 Demurrer 879
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.19

Excerpt: ...matter therein. Defendant Linda Liu's Demurrers to the First Through Sixth Causes of Action in Plaintiff's Complaint are SUSTAINED with leave to amend. Shareholders of a corporation have no direct claim against third parties who may have harmed the corporation, however they may bring a derivative suit on behalf of the corporation if the board of directors refuses to sue. The corporation is an indispensable party to such a suit and must be named a...

2018.7.19 Motion for Summary Judgment, Adjudication 978
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.19

2018.7.12 Motion to Vacate Dismissal 896
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.12

Excerpt: ...tiff had not officially retained counsel. (Cisneros v. Vueve (1995) 37 Cal.App.4th 906, 912 [“Because [the attorney] was not representing defendants at the time the default was entered, we find as a matter of law, that he was not the proximate cause of the entry of default”]; Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 442 [“mandatory relief is available only if the default or dismissal ‘was ... in fact cau...

2018.7.12 Motion to Modify Attorney Fee 063
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.12

Excerpt: ...of the anti-SLAPP statute, that the attorney fee award in connection with the anti-SLAPP motion should be reduced. However, the merits raised in the motion do not attack the award based on some type of apportionment argument. Instead, plaintiff merely attacks the time and rates of the attorney fee bills. The issue of reasonableness of the time and rate entries has already been determined. If plaintiff wanted to argue some of the entries don't or ...

2018.7.12 Motion to Compel Deposition 407
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.12

Excerpt: ...July 19, 2018. The parties' last meet and confer effort appears to have occurred in May 2018, when the operative complaint was the first amended complaint, which did not allege alter ego liability or intentional misconduct. (Wood Decl. at ¶ 5, Exh. C; Orosz Decl. at ¶¶ 10-11, Exh. C.) After this motion was filed, plaintiff successfully sought leave to amend and filed a second amended complaint, which now includes such allegations, significantl...

2018.7.12 Motion to Declare Vexatious Litigant, to Furnish Security Bond 349
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.12

Excerpt: ...Nagui Mankaruse in Mankaruse v. Raytheon Company et al., U.S. District Court Case No. SAVC12-261JVS (MLGx), Exhibit 2, Order of 8-8-12 Granting Plaintiff Mankaruse's Request for Dismissal in Mankaruse v. Raytheon Company et al., U.S. District Court Case No. SAVC12-261JVS (MLGx), Exhibit 3, Court of Appeal Opinion affirming the judgment in plaintiff Mankaruse's employment law action in Mankaruse v. Raytheon Company, et al., O.C.S.C. Case No. 30- 2...

2018.7.12 Motion for Summary Adjudication 814
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.12

Excerpt: ... individual defendants for summary adjudication on each issue, and thus any issue that did not resolve a cause of action as to all defendants was not proper issue for summary adjudication. C.C.P. § 437c(f)(1), and Hood v. Superior Court (1995) 33 Cal.App.4 th 319, 321. The issues as framed by defendants were by all defendants as to plaintiff Footprints various causes of action and claim for punitive damages. As to plaintiff Footprints' first cau...

2018.7.6 Motion for Leave to File Complaint 274
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.6

Excerpt: ...ns are located; and  State what allegations are proposed to be added to the previous pleading, if any, by page, paragraph, and line number, the additional allegations are located. CRC 3.1324(a). Here, the motion does not include specific information regarding what allegations are to be added and deleted, but it is very clear what is to be deleted and what is to be added as the newly added language is drafted in a bold font. The original allega...

2018.7.6 Motion to Dismiss or Stay Action 727
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.6

Excerpt: ...Defendant Fitness International carried its burden on the first element of establishing a suitable alternative forum and that it is amenable to service of process in that forum. Stangvik v. Shiley, Inc. (1991) 54 Cal.3d 744, 752. Next, the second element of private and public factors favor Florida over California. Stangvik, at 751 and Morris v. AGFA Corp. (2006) 144 Cal.App.4 th1452, 1467. Plaintiff Charles Roberson does not contest the following...

2018.7.6 Motion to Quash 455
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.6

Excerpt: ...ver a nonresident defendant who has “minimum contacts” with the forum state: a relationship between the nonresident and the forum state which is such that the exercise of jurisdiction does not offend “traditional notions of fair play and substantial justice.” International Shoe Co. v. Washington (1945) 326 U.S. 310, 316. Types of Personal Jurisdiction. Personal jurisdiction may be general or specific. The Plaintiff opposing a motion to qu...

2018.7.6 Motion to Quash Service of Summons or to Dismiss 990
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.6

Excerpt: ...tic contacts with this forum. Vons Companies Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4 th 434, at 445. Also, general jurisdiction has now been limited to a corporation's place of incorporation or its principal place of business absent exceptional circumstances. Daimler AG v. Bauman (2014) 571 U.S. 117, 134 S.Ct. 746, 761 to 762 and Martinez v. Aero Caribbean (9 th Cir. 2014) 764 F.3d 1062, 1070. The Neadeau authority simply based on percentage ...

2018.7.6 Motion to Set Aside Default 113
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.6

Excerpt: ..., otherwise the application shall not be granted, and 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.” (a). Copy of Proposed Pleading. The motion is not accompanied by a copy of Defendant's proposed responsive. That having been said, this issue is not raised by the Opposition. (b)...

2018.7.6 Motion to Strike, for Change of Venue 200
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.6

Excerpt: ...iling, as there is no evidence before the court to show why the motion was not timely filed. 2. The motion by plaintiff Tony Nguyen to change venue and transfer this action to Los Angeles County is denied. The court previously denied a motion by this same moving party, seeking the same relief, on 3-29-18; and, moving party has not complied with CCP 1008. Moreover, moving party fails to provide any admissible evidence to support the request, as th...

2018.7.6 Motion to Declare Litigants Vexatious 403
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.7.6

Excerpt: ...y shall be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is not a reasonable probability that he or she will prevail in the litigation against the moving defendant. CCP 391(b) defines “vexatious litigant” as follows: (1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims ...

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