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2021.03.18 Motion to Compel Further Responses 205 (2)
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.03.18
Excerpt: ... statements during the “incident”; heard statements about the “incident” and/or who Defendant claims has knowledge of the “incident.” Defendant responded with numerous objections and referred Plaintiff to her medical chart “believed” to be in her possession. In a supplemental response, Defendant provided a privilege log which identifies three documents, each entitled “Incident & Accident Report Form” and invokes Evidence Code ...
2021.03.18 Demurrer 176
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.03.18
Excerpt: ...auses of action. Plaintiff opposes the demurrer only as to the first cause of action for conversion. “Conversion is the wrongful exercise of dominion over the property of another. The elements of a conversion claim are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or disposition of property rights; and (3) damages. [Citation.]” (Hodges v. County of Placer (2019) 41 Cal....
2021.03.18 Motion for Summary Judgment 041
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.03.18
Excerpt: ...Professions Code 11212 (x), (1), (2). Issue Number 2: Plaintiffs are entitled to summary adjudication on the Third Cause as to Defendant because the defendant's sale of the time-share interest is subject to regulation by the California Department of Real Estate. Issue Number 3: Plaintiffs are entitled to summary adjudication on the Third Cause as to Defendant because the anti-deficiency laws of the state of California apply to the financing agree...
2021.03.11 Demurrer, Motion to Strike 429
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.03.11
Excerpt: ...1.) However, when seeking to establish a statutory cause of action, general allegations are insufficient. (Susman v. City of Los Angeles (1969) 269 Cal.App.2d 803, 809 [75 Cal.Rptr. 240].) In Mittenhuber v. City of Redondo Beach (1983) 142 Cal.App.3d 1, 5, specifically addressing governmental liability under the California Tort Claims Act (Gov. Code, § 810 et seq.), the Court of Appeal held, “[b]ecause recovery is based on a statutory cause of...
2021.03.04 Motion to Compel Production 733
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.03.04
Excerpt: ...oduction of documents on July 23, 2020. (Dickson Decl., ¶ 2, Ex. 1.) No written objections to the deposition notice were served by Defendant prior to the original July 23, 2020 deposition date. (Dickson Decl., ¶ 3.) Defendant did not appear for his deposition on July 23 and Plaintiffs filed a motion to compel deposition. (Dickson Decl., ¶ 3.) Thereafter, Defendant agreed to appear on September 28, 2020 but refused to produce any documents requ...
2021.03.04 Demurrer, Motion to Strike 259
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.03.04
Excerpt: ...orporation and Extra holidays, LLC demur to the entire complaint and each of the 12 causes of action alleged therein on the following grounds: · Plaintiff's joint employer assertions are insufficient to allege that any of the demurring defendants is her employer. · Plaintiff's alter ego allegations are insufficient to state a claim against any of the demurring defendants. · The complaint is fatally uncertain because Plaintiff does not clearly ...
2021.03.04 Demurrer, Motion to Compel Further Responses 341
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.03.04
Excerpt: ...al Aresh's Demurrer to Defendants' (Monica Marin–Morales, Akin Arikan, Glafira Cruz Sumano, David Marin Romero and Beatriz Marin-Morales) Answer to the Complaint as set forth below with 15 days leave to amend. In general, whenever a defendant bears the burden of proving at trial is “new matter” (also referred to as an “affirmative defense”) and thus must be specially pleaded in the answer. (See California Academy of Sciences v. County o...
2021.03.04 Demurrer 790
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.03.04
Excerpt: ...that it is untimely. California Rules of Court, Rule 3.110 provides that: “The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint.” Here, on September 11, 2020, Plaintiff served defendant O.C. Metro Patrol LLC with the Complaint by substitute service and served defendant Arthur Lucero with the Complaint by personal service. (Kirs...
2021.03.04 Demurrer 154
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.03.04
Excerpt: ...ed by CCP § 580d. Defendant demurs to Plaintiff's claim for declaratory judgment on the ground that it is derivative of the unjust enrichment claim. Unjust enrichment as a claim in California. Citing Melchior v. New Line Productions, Inc. (2003) 106 Cal. App.4th 779, 793; Hill v. Roll Intern. Corp. (2011) 195 Cal.App.4th 1295, 1307, Defendant argues that Plaintiff's unjust enrichment claim fails because unjust enrichment is not recognized as a c...
2021.02.25 Motion to Set Aside or Vacate Default 421
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.02.25
Excerpt: ... As explained below, Defendants are entitled to mandatory relief. Code Civ. Proc.§ 473(b) states: “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any . . . resulting default entered ...
2021.02.25 Motion to Enforce Settlement 231
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.02.25
Excerpt: ...ing signed by the parties outside court. (CCP § 664.6.) As with any contract, the settlement agreement requires mutual consent: “The existence of mutual consent is determined by objective rather than subjective criteria, the test being what the outward manifestations of consent would lead a reasonable person to believe.” (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 811, internal quotes omitted.) Moreover, to be binding, ...
2021.02.25 Motion for Summary Judgment, Adjudication 252
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.02.25
Excerpt: ... deposition dates for several individuals and have agreed on three dates in March. CCP § 437(h) reads: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or mak...
2021.02.18 Motion to Compel Answers 019
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.02.18
Excerpt: ...esponses to Form Interrogatories, Set One (filed on 11-12-20) is GRANTED. Code of Civil Procedure section 2030.210, subdivision (a), provides, “The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following: [¶] (1) An answer containing the information sought to be discovered. [¶] (2) An exercise of the party's option to produce writings. [¶] (3) An objectio...
2021.02.18 Motion for Leave to File Amended Complaint 422
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.02.18
Excerpt: ...e proper, may allow the amendment of any pleading or pretrial conference order.” The court's discretion should be exercised liberally in favor of amendments. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a ...
2021.02.18 Motion to Deem Facts Admitted, for Sanctions 169
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.02.18
Excerpt: ...beying a court order to provide discovery. (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evidence sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the ...
2021.02.18 Motion to Quash Subpoena 916
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.02.18
Excerpt: ...efendants said would be used to entirely pay off the Company's debts. FAC, ¶ 33. Plaintiff now alleges, among other things, that Defendants used the funds for personal expenses and not to pay off the company's debts. FAC, ¶¶ 4, 33, 37-38 and 51-61. According to Defendants, the $850,000 was deposited into an account belonging to The 12 Franchise, a separate corporate entity that is not a party to this action. Plaintiff issued a subpoena seeking...
2021.02.18 Motion to Compel Arbitration 341
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.02.18
Excerpt: ...iams claims the dismissal was an improper tactical ploy. The case law favors Williams' position here. A dismissal without prejudice cannot be filed once the court posts an adverse tentative ruling. (Groth Bros. Oldsmobile, Inc. v. Gallagher (2002) 97 Cal.App.4th 60, 72.) But since Plaintiff has dismissed Williams all the court will do is make its tentative ruling of 12-17-2020 the final order on the demurrer. Williams is no longer a party so the ...
2021.02.11 Motion for Summary Judgment, Adjudication 529
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.02.11
Excerpt: ... § 437c(a).) Where plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a “cause of action” entitling him or her to judgment. (CCP § 437c(p)(1).) The requirement that there be “no triable issue of material fact” means that summary judgment can be granted only where the essential facts are either conceded or beyond dispute. If there is one, single material fact in dispute, the motion must be d...
2021.02.11 Demurrer, Motion to Strike 570
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.02.11
Excerpt: ...Services, Inc. and Suzanne Smith MOTION NO. 1, DEMURRER: Defendants Avis Plumbing, Heating & Air Conditioning, Inc., Craig A. Smith, Suzanne Smith, Avis Home Solutions, Inc. AMC Marketing Services, Inc., Smitty, LLC, CAS, LLC and Epic Home Services and Water Solutions (collectively referred to herein as “Defendants”) demur to the Eighth (Conversion) and Ninth (Retaliation in Violation of the Fair Employment and Housing Act) Causes of Action. ...
2021.02.11 Demurrer, Motion to Strike 362
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.02.11
Excerpt: ...by plaintiff Hye Jin Yang is SUSTAINED with 20 days leave to amend. Fifth Cause of Action for Fraud: The elements of fraud are: (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or “scienter”); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage. (Kaldenbach v. Mut. of Omaha Life Ins. Co. (2009) 178 Cal. App. 4th 830, 850.) The elements of a c...
2021.02.11 Demurrer 448
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.02.11
Excerpt: ...nd costs in Plaintiff's favor against Defendant Phiton Nguyen. The present action is based on the transfer of a 50% interest in real property from Defendant Phiton Nguyen to his brother, Defendant Vu Nguyen, which occurred approximately ten days after the prior judgment in Plaintiff's favor. Plaintiff alleges the transfer was an attempt to fraudulently avoid the judgment of attorneys' fees in her favor against Phiton Nguyen. The first cause of ac...
2021.01.28 Motion to Tax Costs 956
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.01.28
Excerpt: ...nt of $435,300.00 (ROA 465). (CCP § 1032(a)(4).) Thus, the questions here are (1) whether the CCP § 998 Offer to Compromise (“Offer”) served by Plaintiff on 4/17/17 in the amount of $100,000 to defendants Rubalcava and Lupercio jointly (McClaugherty Dec., ¶ 3.) is valid; and (2) whether the costs claimed are proper, reasonable and necessary. Whether the 998 Offer is Valid and Reasonable? Defendant challenges the CCP 998 Offer on several gr...
2021.01.28 Motion to Compel Further Responses 984
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.01.28
Excerpt: ...ogatory Nos. 2.4, 2.6, 2.7; and GRANTED as to Nos. 12.1, 12.7, 17.1 and 50.2. Code of Civil Procedure section 2030.300, subdivision (a) provides: “On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produ...
2021.01.28 Motion to Compel Answers 661
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.01.28
Excerpt: ...ogatories, and Requests for Production. The mater was continued from 12/17/20 to permit supplemental briefing from the parties regarding the supplemental responses to Special Interrogatories and Requests for Production served by defendants and the issue of sanctions to the mooted Motion for Further Responses to Requests for Admission. The court rules as follows: Sanctions Re: Requests for Admission Contrary to defendants' representation that the ...
2021.01.28 Demurrer, Motion to Strike 720
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.01.28
Excerpt: ... either of the following: (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith.” Declaration of J...
2021.01.21 Demurrer 549
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.01.21
Excerpt: ...-complaint has been filed may within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint.” It lies within the Court's discretion whether to consider a demurrer to an answer filed after that time. (C. Civ. Proc. § 473; McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 281-282.) In McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 281, the court stated: “Even assuming for a...
2021.01.21 Application for Right to Attach Order, Writ of Attachment 999
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.01.21
Excerpt: ...has not paid for the work performed and asserts the following six causes of action: (1) Breach of Contract; (2) Breach of Promissory Note; (3) Breach of Implied Covenant of Good Faith and Fair Dealing; (4) Common Count – Reasonable Value of Services; (5) Common Count – Open Book Account; and (6) Common Count – Account Stated. By this motion, Plaintiff BTP, Inc. moves for a Right to Attach Order in the amount of $1,797,498.47 ($1,048,975.98 ...
2021.01.21 Motion for Summary Judgment, Adjudication 953
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.01.21
Excerpt: ...nd his surviving heirs (Plaintiffs Johanna Garcia and Katherine Vanessa Garcia) sue for medical negligence and wrongful death. Defendant Davinder Singh, M.D. was one of Sanchez's treaters. By this motion, he seeks summary judgment of Plaintiffs' complaint in his favor. This hearing is the second continued hearing on the motion. When Singh initially filed the MSJ, the notice period was two days short. Accordingly, the Court continued the hearing 8...
2021.01.21 Motion for Judgment on the Pleadings 286
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.01.21
Excerpt: ...ding to sue for financial elder abuse claim because they failed to comply with Section 377.32 of the Code of Civil Procedure. “The Elder Abuse Act . . . authorizes an action to be brought not only by the elder, but also by the elder's ‘personal representative' when the elder is alive but ‘lacks capacity pursuant to [s]ection 812 of the Probate Code, or is of unsound mind, but not entirely without understanding, pursuant to [section 38] of t...
2021.01.21 Motion for Leave to File Amended Complaint 704
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.01.21
Excerpt: ...judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” The court's discretion should be exercised liberally in favor of amendments. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error...
2020.12.17 Motion for Summary Judgment, Adjudication 453
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.12.17
Excerpt: ...lar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 845. If the plaintiff proves each element of each cause of action, the burden shifts and defendant must "show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto." CCP § 437c(p)(1). The defendant may not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists, but instead must set fort...
2020.12.17 Demurrer 341
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.12.17
Excerpt: ...perty in court, he or she may be discharged from liability to any of the claimants. This enables the stakeholder to avoid multiplicity of actions and the risk of inconsistent results if each of the claimants were to sue him or her separately. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 874; City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.) However, the stakeholder may assert his or her own claim against the property d...
2020.12.17 Application for Writ of Possession, to Dismiss 414
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.12.17
Excerpt: ...aki Awadallah, Mamdouh Zaki Awadalla, and Empire Brothers, Inc., that was allegedly cancelled. These defendants oppose the application, contending that certain sums must be deducted from the funds, including fees charged by Apex Escrow and liquidated damages claimed by the co- defendant sellers. A writ of possession is an extraordinary pre-judgment or post-judgment remedy that permits a creditor to obtain physical possession of tangible personal ...
2020.12.10 Motion for Summary Judgment, Adjudication 432
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.12.10
Excerpt: ...ge to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Plaintiff has demonstrated that Plaintiff and Defendant entered a written contract wherein the parties agreed that Plaintiff would extend credit to Defendant, in exchange for repayment of the principal amount lent, plus interest and applicable fees. (SSUMF No. 1.) Plaintiff performed all its obligations under the agreement by extending credit to the Defendant. (SSUMF ...
2020.12.10 Motion for Attorney Fees 352
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.12.10
Excerpt: ...foreclosure cause of action, agreeing with defendants' contention that plaintiff could not prove damages because there was no equity in the property. (Id. at 407.) Although plaintiff argued that he should be entitled to “include lost rental income, monies spent on improvements[,] attorneys' fees and emotional distress damages when calculating damages,” the trial court rejected this contention, concluding that these items of damages would be r...
2020.12.10 Demurrer 581
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.12.10
Excerpt: ...gsoo Kim First COA – Fraudulent Deceit Plaintiffs' complaint alleges that they purchased shares of stock based on Defendants' fraudulent representations that the business would become profitable. Plaintiffs allege the business has lost money and they have not received a return on their investment. “Fraud allegations must be pled with more detail than other causes of action. The facts constituting the fraud, including every element of the caus...
2020.11.19 Demurrer 125
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.11.19
Excerpt: ...o amend. Cross-Complainants' request for judicial notice of Exhibits 1 through 3 are DENIED as it is unnecessary for the court to take judicial notice of materials previously filed in the case. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) Demurrer as to Richard D. Moore (“Richard”), individually, and Moore Ma...
2020.11.19 Demurrer, Motion to Strike 639
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.11.19
Excerpt: ...wer within 20 days. Analysis. Defendant demurs generally and specially on the ground of uncertainty to all four causes of action in the FAC. First cause of action for breach of contract. The first cause of action is for breach of contract and based on the settlement agreement entered between the parties in a prior litigation, a copy of which is attached to the FAC as Exhibit 2. According to this agreement, the moving defendant was to “use his b...
2020.11.19 Motion for Attorney Fees 610
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.11.19
Excerpt: ...cation of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee or consume...
2020.11.19 Motion for Summary Judgment, Adjudication 990
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.11.19
Excerpt: ...s Dominic DeSantis and Paul Cantlay held supervisory positions over Plaintiff during his employment. Plaintiff, who was born in Lebanon and is Muslim, alleges he was harassed and discriminated against on the basis of his race/national origin and religion and that when he complained of the treatment, he was retaliated against. Plaintiff suffered from various medical conditions including diabetes, congestive heart failure and severe sleep apnea. Pl...
2020.11.19 Motion to Dismiss 702
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.11.19
Excerpt: ...nd that the Courts of the State of California are an inconvenient forum and the action should be filed and litigated in the U.S. District Court for the District of Delaware or any of the state courts located in Wilmington, Delaware under the forum selection clause in the contract that is at issue in this action. Under subdivision (a) of section 410.30, a court must stay or dismiss an action in whole or in part on any conditions that may be just w...
2020.10.29 Motion to Compel Answers, Production of Docs 821
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.29
Excerpt: ...and Leonard M. Parker as to Defendant Gary Chamness 5. Motion to Compel Answers to Form Interrogatories filed by Plaintiffs Ennovus Group, LLC and Leonard M. Parker as to Defendant Green R U, LLC 6. Motion to Compel Production filed by Plaintiffs Ennovus Group, LLC and Leonard M. Parker as to Defendant Green R U, LLC 7. Motion for Sanctions filed by Plaintiffs Ennovus Group, LLC and Leonard M. Parker MOTION NOS. 1 & 2: Plaintiffs Leonard Parker a...
2020.10.29 Motion for Summary Judgment, Adjudication 514
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.29
Excerpt: ...submitted by Defendant is not marked at all. I. MOTION FOR SUMMARY ADJUDICATION ON PLAINTIFF'S 1ST C/A A plaintiff moving for summary adjudication on her/his/its own claim has the burden to produce admissible evidence on each element of a cause of action entitling her, him or it to adjudication. CCP § 437c(p)(1); S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 388. This means that a plaintiff who bears the burden of...
2020.10.29 Application for Right to Attach Order, Writ of Attachment 364
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.29
Excerpt: ... (1967) 247 Cal. App. 2d 607.) The requirements for obtaining a writ of attachment are: • the claim upon which the attachment is based is one upon which an attachment may issue; • Plaintiff has established the probable validity of the claim; • the attachment is not sought for a purpose other than recovery of the claim upon which the attachment is based; and • the amount to be secured by the attachment is greater than zero. (Code Civ. Proc...
2020.10.22 Motion to Dismiss 771
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.22
Excerpt: ...ere and which Plaintiff argues should be excluded from the five-year rule is whether for any period of time “[b]ringing the action to trial, for any other reason, was impossible, impracticable, or futile. (Code Civ. Proc. § 583.340(c).) This exception to the requirement that a case be brought to trial within five years of filing is recognized because the purpose of the five-year statute is to prevent avoidable delay. The exception makes an all...
2020.10.22 Motion to Compel Further Responses 657
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.22
Excerpt: ...rt. The motion is granted as to special interrogatories 1, 28. 31, 40, and 51, and plaintiff is to serve a verified further response containing supplemental answers to these interrogatories within 20 days. The motion is denied as to all of the other special interrogatories. Defendant's request for sanctions is denied. Plaintiff's request for a monetary sanction is also denied. Analysis. Each answer in the response to an interrogatory must be “a...
2020.10.22 Motion for Reconsideration, for Preliminary Injunction 170
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.22
Excerpt: ...rder compelling compliance with the 5/2/19 court order and, again, ordered Plaintiff to pay the sanctions within 30 days. The Court also awarded an additional $560, to be paid within 30 days. On 6/18/20, the Court heard and granted a second motion by Defendants to enforce the earlier order. The Court ordered Plaintiff to pay the original 5/2/19 sanctions of $3,802, the 10/17/19 sanctions of $560 and awarded another $810 in sanctions. Plaintiff no...
2020.10.22 Motion for Change of Venue, for SLAPP, to Dismiss 633
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.22
Excerpt: ...ions of Kenneth Lee, Yongmuk Kim and Jong K. Lee because they are not material to the disposition of this motion. Code of Civil Procedure section 418.10(a) provides: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: [¶] (1) To quash service of summons on the ground of lack of jur...
2020.10.15 Motion to Compel Production 529
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.15
Excerpt: ...e request by responding party Rockwood for a monetary sanction is also denied. Analysis: Plaintiff and cross-defendant The Coop Franchise Group moves for an order compelling defendant and cross-complainant Peter Rockwood to serve a further response to the first set of requests for production that contains supplemental answers to requests 16, 19, 20, and 21. The Coop Franchise Group also moves for an order imposing a monetary sanction of $1860 aga...
2020.10.15 Demurrer, Motion to Strike, to Quash Subpoena 185
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.15
Excerpt: ...ute Four entered into consulting agreements with Brandon Burkhart and Amberlee Rails, pursuant to which each would provide consulting services at a specified monthly salary for a specified period of time. On 2/3/20, Route Four filed an action, Case No. 2020-01129185, alleging Canop, Burkhart and Rails breached the APA and associated consulting agreements in a variety of ways, including material pre-agreement misrepresentations regarding Canop's a...

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