Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

697 Results

Clear Search Parameters x
Location: Orange County x
Judge: Howard, Theodore R x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 352)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 550,50
Array
(
)
2019.10.24 Motion to Compel Further Responses 285
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.24
Excerpt: ... of record, Rima M. Badawiya and K. Fredric Willis of Lewis Brisbois Bisgaard & Smith, LLP. This is an elder abuse case arising from the care and treatment of Margarita Beltran De Leon (“Plaintiff”) while she resided at Defendant's skilled nursing facility known as Harbor Villa Care Center (the “Facility”). The Complaint in this matter was filed on February 21, 2019 and alleges of causes of action for elder abuse/neglect, negligence, elde...
2019.10.24 Motion for Summary Judgment, Adjudication 737
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.24
Excerpt: ...PART. MPs have requested summary adjudication on five issues. The Motion is GRANTED as to Issues 1, 2, and 4. The Motion is DENIED as to Issues 3 and 5. Issue 1: Issue 1 is directed to three of the causes of action (“COAs”) in Plaintiff's Complaint: strict liability (COA 1) negligence (COA 2), and breach of warranty (COA 4). But the Opp at p. 17 concedes that COAs 1 and 4 do not apply to MPs. What remains at issue is thus only COA 2, for Negl...
2019.10.24 Demurrer, Motion to Strike 633
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.24
Excerpt: ...y an additional $50 per month for the upgraded machine, and to limit the number of photocopies to a total of 144,000 or pay $.01 extra per page upon Plaintiff's demand and the type of papers to use with the machines. Complaint, at ¶¶6-7 (Defendants breached the “Oral Agreement by, among other things, failing to sign the Service Agreement, failing to sign the revised Lease Agreement, failing to sign the revised Service Agreement, …”). Plai...
2019.10.17 Motion to Set Aside 505
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.17
Excerpt: ...tiff's counsel on 07/19/19 and filed with this Court six days later. Had the stipulation been filed with a proposed order thereon, the default would have been set aside pro forma. Nevertheless, this Court finds counsel's refusal to now honor that stipulation (ostensibly because defense counsel objected to interrogatories) to be a bad faith tactic and in violation of the California Attorney Guidelines of Civility and Professionalism, Sec 4, 6, 9. ...
2019.10.17 Motion to Compel Arbitration and Stay Action 302
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.17
Excerpt: ...was timely. Additionally, the Court exercises its discretion to consider the entire Opposition even though it exceeds the page limits by 1 page. (CRC Rule 3.1113(g).) Page 16 of the Opposition did not raise any new arguments, Defendant was able to provide a substantive response, and there was no prejudice to Defendant. The Merits: Defendant, a non-signatory to the Lease, argues it is entitled to avail itself of the arbitration provision in the Le...
2019.10.17 Motion for Summary Judgment, Adjudication 457
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.17
Excerpt: ... Objections to Verzal Declaration: All OVERRULED, except Objection No. 9, which is SUSTAINED. Rainbow's Objections to Edison's Request for Judicial Notice, Google Map Photograph: Objection No. 19 is SUSTAINED. Edison's Objections to Norris Declaration: All OVERRULED. Rainbow's Request for Evidentiary Sanctions: Rainbow's request for evidentiary sanctions based on alleged spoliation of evidence by Edison is DENIED. A request for evidence sanctions...
2019.10.17 Motion for New Trial 785
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.17
Excerpt: ...ipt of the proceedings”].) MPs' citations to excerpts of a “rough” transcript are thus insufficient here. The Motion fails in any event on the merits. MPs argue under C.C.P. § 657(1) and § 657(7) that there were multiple errors or irregularities in the proceedings which deprived them of a fair trial. But MPs have not shown that any alleged error was prejudicial to their right to a fair trial or that a different result would have been prob...
2019.10.10 Motion for Summary Judgment, Adjudication 934
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.10
Excerpt: ...ter of law. (McCabe v. American Honda Motor Co. (2002) 100 Cal.App.4th 1111, 1119; C.C.P. § 437c(c).) To satisfy this burden, a defendant moving for summary judgment must establish that one or more of the elements of a cause of action cannot be established or that a complete defense exists to the cause of action. (Id.; C.C.P. § 437c(o).) If the defendant meets this burden, the burden shifts to the plaintiff to show a triable issue of material f...
2019.10.10 Demurrer, Motion to Strike 797
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.10
Excerpt: ...ff “doing business as Island Puzzles.” However, the balance of the operative pleading refers to plaintiffs (plural) as if there are two distinct plaintiffs. However, DBAs are not separate parties or legal entities. See Ball v. Steadfast-BLK (2011) 196 Cal.App.4th 694, 701; Pinkerton's, Inc. v. Superior Court (1996) 49 Cal.App.4th 1342, 1348. Thus, it seems that the only proper plaintiff here is Mr. Lima. Second, identifying the proper plainti...
2019.10.10 Demurrer 028
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.10
Excerpt: ...ng any confidential, fiduciary or other relationship between Plaintiff and State Farm that would give rise to any duty of care by State Farm. As such, the Complaint fails to support any of the elements necessary to state a prima facie claim for motor vehicle negligence or general negligence against State Farm. Similarly, Plaintiff fails to state a prima facie claim for fraud against State Farm. The elements of an action for fraud based on conceal...
2019.10.10 Request for Issuance of Preliminary Injunction 934
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.10
Excerpt: ...probability that the moving party will prevail as well as such equitable factors such as the relative harm to the parties from the granting or denial of relief. (SB Liberty, LLC v. Isla Verde Assn., Inc. (2013) 217 Cal.App.4th 272, 280; Monterossa v. Superior Court (2015) 237 Cal.App.4th 747, 757.) A court decides, while balancing the respective equities of the parties, whether the defendants should or should not be restrained from exercising rig...
2019.10.10 Demurrer 240
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.10
Excerpt: ...t/Cross-Complainant Carlos Velazquez (“Velazquez”) is written, oral or implied. As such, the special demurrer to the first cause of action is SUSTAINED, with leave to amend. The demurrer to the second cause of action for an accounting is OVERRULED. To state a cause of action for an accounting, a party need only plead: (1) A fiduciary relationship or other circumstances appropriate to the remedy; and (2) A balance due from the defendant to the...
2019.10.10 Motion for Summary Judgment 044
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.10
Excerpt: ...It doesn't appear to be mentioned in the Complaint itself, or in the Plaintiffs' discovery responses. The Court will therefore treat this as a request by the Plaintiff to amend the pleading. Before the entry of judgment, Plaintiffs may therefore promptly move for leave to amend the complaint to include the theory. The Scope of Motion According to the undisputed evidence, Defendant Joseph Chavez was driving the vehicle at the time of the accident,...
2019.10.3 Motion for Summary Judgment
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.3
Excerpt: ...e failed to properly authenticate their documentary evidence, they lack foundation and personal knowledge, and contained impermissible hearsay, conclusions or opinions. Defendants' Request for Judicial Notice is DENIED. Defendants failed to properly place the St. John's University guide to “Understanding Blood Alcohol Content (BAC)” before this Court since the request was made in a footnote in the supporting memorandum in violation of CRC Rul...
2019.10.3 Motion for Leave to File Tardy Compulsory Complaint
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.3
Excerpt: ...e proverbial empty chair). Nevertheless, defendants prefer to have them here in the action. Pursuant to CCP §428.10(b), defendants are entitled to file a cross-complaint against new parties “if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy w...
2019.10.3 Application for Right to Attach Order and Writ of Attachment
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.3
Excerpt: ...is likely being utilized by the individuals as a personal instrumentality, including because of such factors of underfunding of corporate responsibilities and intermingling of property and finances, in such a way as to cause injustice or disregard of corporate financial responsibilities, including vis-a-vis the plaintiffs here. (See, e.g., Sonora Diamond Corp. v. Superior Court, 83 Cal.App.4th 523, 538 (“Under the alter ego doctrine, ... when t...
2019.1.31 Motion to Compel Further Responses 752
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.1.31
Excerpt: ... resources by litigants through promotion of informal, extrajudicial resolution of discovery disputes. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293.) A reasonable and good faith effort at informal resolution, “entails something more than bickering” with opposing counsel. (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1438-39.) A respected treatise provides the following guidance and practice tip: “PRACTICE POINTERS RE ‘RE...
2019.1.31 Demurrer 934
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.1.31
Excerpt: ... 6. As for the claims asserted by Lab, Plaintiffs argue in the Opposition that Lab may not demur on the merits, as the claims as to Lab are entirely derivative. Plaintiffs are correct that in a derivative action, the entity generally cannot defend on the merits. (See Patrick v. Alacer Corp. (2008) 167 Cal.App.4th 995, 1005.) However, the Complaint as presented also appears to be asserting claims against LAB directly. (See e.g. COA 1, asserted “...
2019.1.31 Demurrer 322
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.1.31
Excerpt: ...rmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157.) The particularity requirement necessitates pleading facts that show how, when, where, to whom, and by what means the representations were tendered. (Tarmann, supra, 2 Cal.App.4th at 157.) Here, the fraud claim basically repeats the contract claim, with conclusory statements added as to Defendant's concealed intent. But no facts are alleged to support the conclusory assertions...
2019.1.31 Demurrer 004
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.1.31
Excerpt: ...nt debtor (Wecosign) has already declared bankruptcy – and it is not clear if the judgment against Wecosign survived discharge. The judgment against Frank was already set aside, so there could be no fraudulent conveyance associated with him. Moving party correctly argues that the SAC is uncertain as to him because there are no facts showing how Kinum helped defendants hide assets, and no clear averment of any enforceable judgment from which to ...
2019.1.24 Motion to Continue 004
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.1.24
Excerpt: ...cult to discern when held to the light of this long-standing dispute, the parties are incapable of resolving their own impasses. Discovery Impasse. On 06/12/15, plaintiff and defendant Tara Jakubaitis (hereinafter referred to as “Tara,” with no disrespect intended, to distinguish her from her co-defendant husband Frank Jackubaitis) appeared here in Court to discuss appointment of a discovery referee. Tara had previously preferred Hon. Nancy W...
2019.1.24 Motion for Further Responses 545
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.1.24
Excerpt: ...andings. Before the Court this day are numerous discovery motions filed by plaintiffs, seeking further responses to written discovery. At issue is whether the responses previously provided are good enough to satisfy the substantial compliance litmus. General Form Interrogatories No. 2.1 (to Dawn Tucker only). GRANTED. Plaintiffs are correct that defendant failed to response to the subparts. No. 12.1. GRANTED. The term INCIDENT – at least as def...
2018.8.9 Application for Right to Attach Order 876
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.8.9
Excerpt: ...as to defendant RRE. Among other things, Plaintiff must demonstrate that attachment is sought on a contract claim for a fixed or readily ascertainable amount. (C.C.P. §483.010(a).) Plaintiff here has asserted a claim for $4,000,000, without any evidentiary support, and without demonstrating any contractual basis for that claim. That requirement is thus clearly not met. Plaintiff must also establish the probable validity of the claim upon which t...
2018.8.9 Motion to be Relieved as Counsel 525
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.8.9
Excerpt: ...d to the main action or cross-action. The Court also noticed the following: in the caption of Answer to the Cross-Complaint, filed by Moving Solutions Inc. and the Philpotts on 12/22/17, there is a second law firm, Employment Rights Attorneys LLP. Will this law firm continue to represent the clients in the cross-action? The Court expects this matter to be clarified at the hearing. The Court also expects clarification about whether the entire law ...
2018.8.9 Motion to Bifurcate 928
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.8.9
Excerpt: ...avoid prejudice, for convenience, or to permit greater expedience and economy: "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury." In addition, C...
2018.8.9 Motion to Compel Depositions, for Monetary Sanctions 108
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.8.9
Excerpt: ...ap, the separate motions directed at each plaintiff will be treated together. On 02/14/18, this Court entered stipulated orders akin to CCP §2032.320 that plaintiffs were no longer seeking damages for extraordinary emotional or mental injuries. In particular, plaintiffs waived psychiatric injury (original or exacerbated) and agreed not to claim any mental health services/therapy resulting from the fall. As a result, plaintiffs have sought to wit...
2018.8.9 Motion to Coordinate Present Action 575
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.8.9
Excerpt: ...ide action, which is available on the official website of the Riverside Superior Court, using the free public-access, case search feature, see http://public- access.riverside.courts.ca.gov/OpenAccess/Civil/CivilCaseReport.asp?CourtCode=A&RivInd= RIV&CaseType=RIC&CaseNumber=1807364 as of August 3, 2018, and Evid. Code § 452(d), (h).) The Court agrees that Greenfield Communications Inc.'s 1st cause of action in the Riverside case, for breach of co...
2018.8.2 Motion to Compel Further Responses
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.8.2
Excerpt: ...-10. However, although Plaintiff has served substantive supplemental responses to FROGs and SPROGs, they were served after the respective motions to compel were filed. Pursuant to C.C.P. § 2030.300(d), sanctions are mandatory. After reviewing the declarations and evidence provided by the parties, the Court has not found substantial justification or other circumstances make the imposition of the sanction unjust. Id. Therefore, the Court awards sa...
2018.8.2 Motion to Compel Depositions
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.8.2
Excerpt: ...tions to Compel the deponents, Christine Kasulka, and William Gallahar to appear for their depositions. The dates shall be selected at the hearing and counsel shall be prepared to do so. The Court was not persuaded from the evidentiary showing in the Opposition papers that the principles of Liberty Mutual insurance apply, that is, of the need to limit the depositions of high-level “apex” officers of the companies. There was no evidentiary sho...
2018.8.2 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.8.2
Excerpt: ...intiff for neck surgery. Plaintiff contends this was bad faith, and filed suit for breach of the implied covenant. Before the Court this day is a motion by defendant seeking summary judgment on the sole cause of action for breach of the implied covenant of good faith and fair dealing. Alternatively, defendant separately seeks adjudication as to punitive damages and Brandt fees. On 10/17/12, plaintiff underwent an anterior cervical discectomy and ...
2018.8.2 Motion for Summary Judgment
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.8.2
Excerpt: ...e does not have it now and the procedures he intends to use to obtain that evidence. Plaintiff therefore is entitled to a mandatory continuance under Code of Civil Procedure section 437c (h). The plaintiff has established that there is a likelihood that Jeff Shuman has evidence which may controvert the issues presented in the defendant's motion for summary judgment and that such evidence is essential to plaintiff's opposing of the defendant's mot...
2018.8.2 Demurrer, Motion to Strike
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.8.2
Excerpt: ...ties: Fraud based causes of action require the plaintiff allege “how, when, where, to whom and by what means the representations were tendered. Stansfield v. Starkley (1990) 220 Cal. App. 3d 59, 74. The parol evidence rule provides that the terms set forth in a writing intended by the parties as a final expression of their agreement with respect to the terms included therein may not be contradicted by evidence of a prior agreement or of a conte...
2018.8.2 Demurrer 871
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.8.2
Excerpt: ... did not oppose the County's demurrer to this porti o of their seventh cause of action and have submitted no argument on the iss u in their briefs on appeal. Accordingly, we deem plaintiffs to have abandon e the issue.”). Additionally, the court construes the absence of a memorandu m as waiver of all grounds not supported. CRC 3.1113(a). ...
2018.8.2 Anit-SLAPP Motion, to Quash
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.8.2
Excerpt: ...uding the dismissed causes of action) appears to arise from the type of constitutionally protected speech and petition activity protected by Code Civ. Proc., § 425.16. However, Defendants/Cross- Complainants (“Defendants”) have properly alleged a legally sufficient cause of action for breach of contract, and have establishes a probability of Defendants prevailing on the claim of breach of contract by way of the contracts attached to the Cros...
2018.7.26 Demurrer, Motion to Strike 545
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.7.26
Excerpt: ..., (3) a lawful object, ( 4 sufficient cause or consideration, (5) plaintiff's performance or excuse for failu r to perform, (6) defendant's breach, and (7) damage. Civil Code §§ 1550, 160 5 Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453; Gomez v Lincare, Inc. (2009) 173 Cal.App.4th 508, 525. Precision or in haec verba not required, nor is attaching the actual contract if in writing. Pleading the leg a effect (ie, enough facts t...
2018.7.26 Motion for Reasonable Expenses 625
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.7.26
Excerpt: ...ers unreasonab l denied. Garcia v. Hyster Company (1994) 28 Cal.App.4th 724, 736-737. T h attorney invoices submitted in support of defendant's request reveal that h seeks to recover all or essentially all of the attorney's fees and costs incurr e by defendant after plaintiff's denials. It would appear to this Court that defendant is entitled to the costs he incurr e to prove that he did not have or received any of the money alleged in t h compla...
2018.7.26 Motion to Compel Production 883
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.7.26
Excerpt: ...acts as Admitted (“Motions” together), are Granted. Plaintiffs Harry J. Brown III, and Patricia S. Brown are each hereby ordered t serve substantive responses, without objections, to the discovery reques t attached to the Motions no later than 15 days following the hearing on th matter. See, C.C.P. §§ 2030.290, 2033.280, and 2031.300. Additionally, although the Court recognizes that Plaintiffs' attorney David L Smart's illness, and the sudd...
2018.7.5 Demurrer 360
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.7.5
Excerpt: ...ritten, oral, or implied, the elements for breach of contract are: (1) parties capable of contracting, (2) mutual consent, (3) a lawful object, (4) sufficient cause or consideration, (5) plaintiff's performance or excuse for failure to perform, (6) defendant's breach, and (7) damage. Civil Code §§ 1550, 1605; Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453; Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 525. Precision or in ...
2018.7.5 Motion for Summary Judgment 185
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.7.5
Excerpt: ...ty. The defendant has established that she propounded written discovery upon the defendant requesting all facts, witness, and documents supporting plaintiff's contentions that defendant was at fault or responsible for plaintiff's claims. UMF #11-14. In response, the plaintiff provided no witnesses or documents and no facts beyond the conclusory statements from her com-plaint. UMF #4, 5, 11, 13 and 14. The plaintiff provided no facts support a con...
2018.7.5 Motion to Strike 769
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.7.5
Excerpt: ...lowing, assisting, conducting, permitting, or in any way granting authority to make any use of the Property, or any other location in the City of Huntington Beach, to dispense or distribute marijuana and/or any products containing marijuana;..” (Proposed Order, 2:14-17) It should read: The Court granted Plaintiffs preliminary injunction prohibiting “Leasing, renting, allowing, or in any way granting authority to make use of the premises at 81...
2018.6.28 Motion to Tax Costs 523
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.6.28
Excerpt: ... App. 4th 102, 118. Plaintiff's attempt to use the outcome of the MSJ hearing is irrelevant on the basis that the offer expired before the outcome of the MSJ was known, and an MSJ is not based up the merits of the case, but rather if there is a question of fact remaining for the jury to hear. “[G]enerally, ‘[i]f items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their propriety, placin...
2018.6.28 Motion to Strike 971
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.6.28
Excerpt: ...ative pleading contains a single cause of action for unfair business practices under B&P §17200. Within that single cause of action, plaintiff avers that defendant (at Paras 7, 9): 1. has “improperly shifted [its] medical records requests from Section 1158 to HIPAA, so that [it] can obtain patients' records much more inexpensively than under Section 1158;” 2. went “out into the marketplace, marketing [itself] to attorneys (particularly pla...
2018.6.28 Motion for Trial Preference 901
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.6.28
Excerpt: ...0 years old with health problem, etc.), the motion must be supported by a declaration that all essential parties have been served with process or have appeared.”); Cal. Judges Benchbook Civ. Proc. Before Trial § 2.49.) At this hearing, Plaintiff's counsel must address on the record, that the foregoing aspect for the granting of trial-preference is satisfied. The argument of Defendants that Plaintiff is lacking a substantial interest in the act...
2018.6.28 Motion for Temporary Restraining Order 575
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.6.28
Excerpt: ...recently provided potential collateral options for Plaintiff in order to allow RMMT to cover expenses and remain in business, while slowly paying off the judgment amount. Although RMMT's Opposition is late filed based on the prior hearing date, the options presented may offer attractive alternatives for Plaintiff. The Court invites the parties to discuss these options before the Court makes its final ruling on the assignment. ...
2018.6.28 Motion for Attorney Fees 718
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.6.28
Excerpt: ... by any state or local agency.” (International Federation of Professional and Technical Engineers, Local 21, AFL-CIO v. Superior Court (2007) 42 Cal.4th 319, 329 (citing Govt § 6252(e); § 6253(a)). It is the burden of the public agency to “justify withholding any record by demonstrating that the record in question is exempt under express provisions” of the Act, or under the catch-all exemption (which provides that, on the facts of the par...
2018.6.28 Demurrer, Motion to Strike 171
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.6.28
Excerpt: ...ailed to allege that he was given notice and a reasonable time to correct the claimed habitability violations while Plaintiffs remained in possession. But Plaintiffs allege that after notice of a severe termite infestation, Paul waited 38 days to begin fumigation to remedy the condition. (FAC ¶¶ 10-15.) Plaintiffs also allege that after the fumigation, there were toxic chemicals in the unit which prevented Plaintiffs from safely returning, that...
2018.6.21 Motion to Strike Punitive Damages 350
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.6.21
Excerpt: ... to support the conclusory allegation that the defendant's actions were reckless. The facts alleged support nothing more than standard negligence. ...
2018.6.21 Motion to Compel Further Responses 271
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.6.21
Excerpt: ...under consideration by the Court and it will listen to further argument. Meet and Confer: The plaintiff's meet and confer efforts were sufficient. The parties were not likely to further resolve any of the issues presented by this motion without the court's involvement. Discovery At Issue: Special Interrogatories, Set One No. 1 - 5, 20 - 28, 31, 32- 39, 45, 48, 49, and 51 request the identity and contact information for witnesses including current...
2018.6.21 Motion for Summary Judgment 365
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.6.21
Excerpt: ...ns set forth below. Issue 1 is directed to the first cause of action (“COA”) for declaratory relief. Summary judgment on a declaratory relief COA is proper where the controversy is as to past conduct, money damages would be an adequate remedy, and the COA is redundant of other claims. (Jolley v. Chase Home Finance, LLC (2013) 213 Cal.App.4th 872, 909–910.) Plaintiff Javier Ospina (“Plaintiff”) effectively concedes in the Opposition that...
2018.6.21 Demurrer, Motion to Strike 060
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.6.21
Excerpt: ...development Agency of City of San Diego v. San Diego Gas & Elec. Co. (2003) 111 Cal. App. 4th 912, 921. Although the Complaint states, “plaintiff's assignor,” (pg. 2 § 9; pg. 3 BC-1) there is no indication who the assignor is, what rights were assigned (if any) to Plaintiff, when the rights were assigned, how the rights were assigned, what was exchanged for the assignment rights (if anything), the assignor's rights to sue Badii, etc. Presuma...

697 Results

Per page

Pages