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

543 Results

Clear Search Parameters x
Location: Orange County x
Judge: Lewis, Gregory 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 = 354)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 425,25
Array
(
)
2018.8.13 Motion to Compel Deposition 673
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.13
Excerpt: ...Defendant Spring Valley Post Acute to Request for Admissions, Set One.Moving Party Mary Jess. Responding Party Jess. Responding party Spring Valley Post Acute. Ruling Motion 1: Plaintiff' motion to compel the deposition of Meridian's Person Most Knowledgeable (“PMK”) is GRANTED in part and DENIED in part. Meridian is ordered to produce its PMK as all Topics of Inquiry listed in Plaintiff's deposition notice served in connection with the depos...
2018.8.13 Motion to be Relieved as Counsel, to Expunge Lis Pendens 600
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.13
Excerpt: ... without prejudice. The court finds that prejudice to Plaintiff exists because Defendants' motion for summary judgment or summary adjudication is set to be heard on August 20, 2018. Plaintiff is unlikely to find counsel that can timely assess their case and defend against Defendants' motion. The court notes that Moving Counsel has not sufficiently confirmed that Plaintiff's address is current and that Moving Counsel has not filed the required ord...
2018.8.13 Motion for Sanctions 266
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.13
Excerpt: ...5, and 16 are OVERRULED. Evidentiary Objection Nos. 3, 9, 10, and 17 are SUSTAINED in their entirety. Evidentiary Objection No. 11 is SUSTAINED as to the following: “Unfortunately, for CARBAJAL, the only terms under which he is to be dismissed is upon payment in full to PLAINTIFFS.” Evidentiary Objection No. 12 is SUSTAINED as to the following: “However, it is clear that the only terms under which PLAINTIFFS are obligated to dismiss CARBAJA...
2018.8.13 Motion for Reconsideration 234
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.13
Excerpt: ...he judgment of $202,000.97, the settlement of $15,000.00 and the pre-offer costs. In the original calculation, the court determined the pre- offer costs at $37,117.77. However, Plaintiff was not entitled to recover expert witness fees, because Plaintiff had not served a successful statutory offer. Therefore, the pre-offer costs would be reduced by $28,849.00. Plaintiff's reversed pre-offer costs was $8,268.77. The judgment, settlement and pre-off...
2018.8.13 Motion to Compel Arbitration 901
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.8.13
Excerpt: ...ims fall within the scope of this agreement. (Code Civ. Proc. § 1281.2.) Defendants have presented the fully executed Alternate Dispute Resolution Agreements signed by Plaintiffs, which covers any “dispute arising out of or related to Employee's employment with, or termination of employment” from the Company. The burden thus shifted to Plaintiffs to establish some ground on which arbitration can be refused. Plaintiffs have not met this burde...
2018.7.30 Motion to Name Alter Ego 837
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.30
Excerpt: .... Plaintiff requested that Defendants Joe Fodera. Elisa Fodera & Nick Fodera be named as alter ego of the defaulted limited liability company. “In the case of default judgments, the application of the alter ego doctrine is subject to a limitation arising from considerations of due process. Under Code of Civil Procedure section 187, ‘to amend a judgment to add a defendant, thereby imposing liability on the new defendant without trial, requires...
2018.7.30 Motion for Sanctions 235
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.30
Excerpt: ...ty Superior Court within 30 days of service of the notice of ruling. (Code Civ. Proc., § 177.5.) Defendant's objection nos. 4 and 8 are SUSTAINED. All other objections are OVERRULED. Rule 2.30 California Rules of Court, rule 2.30 (rule 2.30) provides for sanctions for violating a rule of court. (Cal. Rules Court, rule 2.30; G.R. v. Intelligator(2010) 185 Cal.App.4th 606, 616.) Defendant has set forth violations of California Rules of Court, rule...
2018.7.30 Demurrer, Motion to Strike, to Consolidate 673
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.30
Excerpt: ... Cause of Action for Elder Abuse. Defendants' demurrer to the first cause of action is OVERRULED. Plaintiff alleged Defendants neglected Decedent in a myriad of ways, including Defendants' failure to timely and competently: provide Decedent continence attention and care so as to not leave Decedent in her urine and feces for extended periods of time, provide adequate and proper assistance with personal hygiene, ensure that Decedent was turned and ...
2018.7.30 Demurrer, Motion to Strike 576
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.30
Excerpt: ...LED. (Code Civ. Proc. § 430.10(e).) Second Cause of Action (Elder Abuse). The elements of a claim for physical elder abuse are that: (1) defendant had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene, or medical care; (2) defendant knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs; (3) defendant denied or withheld goods or se...
2018.7.23 Motion to Strike, for Sanctions 508
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.23
Excerpt: ...f action only.” As Plaintiff concedes, the Second Amended Complaint does not conform to the 3/26/2018 order. Defendant Karina Carrillo Ibarra is still named as a defendant in the first cause of action, even though the text of the Second Amended Complaint is virtually identical to that of the FAC. Further, the Second Amended Complaint still contains a request for attorney's fees. “Following an order sustaining a demurrer or a motion for judgme...
2018.7.16 Motion to Set Aside Notice of Settlement 271
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.16
Excerpt: ...2/30/11. (Id.) On 2/6/12, the Court ordered that the entire action be dismissed without prejudice. After the dismissal, the Court lost jurisdiction to enter any further orders unrelated to enforcement of the settlement. (Lewis C. Nelson & Sons, Inc. v. Lynx Iron Corp. (2009) 174 Cal.App.4th 67, 75.) The court also notes that Plaintiff's Proof of Service suggests a service defect. There is no indication the defect has been corrected. Moving Party ...
2018.7.16 Demurrer 622
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.16
Excerpt: ...n correctly contends that Plaintiff failed to allege specific facts to support a cause of action for fraud against him. 'In California, fraud must be pled specifically; general and conclusory allegations do not suffice. . . . This particularity requirement necessitates pleading facts which show how, when, where, to whom, and by what means the representations were tendered.'” Lazar v. Superior Court (1996) 12 Cal.4th 631, 645. (Emphasis original...
2018.7.16 Demurrer 731
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.16
Excerpt: ...C ¶¶ 45-54.) The economic loss rule does not apply here, as the FAC alleges the Defendants' negligent repairs resulted in damage the Vehicle in addition to those existing as a result of the defective condition. (FAC ¶¶ 46-49; see Erlich v. Menezes (1999) 21 Cal.4th 543, 550–554.) Plaintiff to give notice. ...
2018.7.16 Demurrer, Motion to Strike 017
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.16
Excerpt: ...aratory Relief). Defendants' Demurrer is OVERRULED as to the Fourth Cause of Action (Intentional Interference with Contractual Relationship). Defendants' Motion to Strike is GRANTED with 10 days leave to amend. The Fifth and Sixth Causes of Action are based on an alleged promise made by Defendants to repay a debt owed by Defendant Jack McCormack to Plaintiffs. The statute of frauds provides that a promise to answer for the debt of another must be...
2018.7.2 Motion to Enforce Settlement 253
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.2
Excerpt: ...y all parties, and made during the pending litigation. (Code Civ. Proc. § 664.6; Borgen Decl., 2, 6; Wroniak Decl. 2, 4; Avakian Decl. 3; Meyerson Decl. 3; Galindo Decl. 3-4; NOL, Ex. 4.) In response, Plaintiff submitted no opposition. Pursuant to paragraph 2.27 of the parties' settlement agreement, Defendants are entitled to recover reasonable costs and fees. The court finds the hourly rates billed to be reasonable. Defendant Southern Californi...
2018.7.2 Application to Attach Order 508
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.2
Excerpt: ...8 order granting leave to amend. (Harris v. Wachovia Mortg. (2010) 185 Cal.App.4th 1018, 1023; Code Civ. Proc., § 472.) The court hereby strikes the third cause of action for breach of contract. There is no remaining cause of action that meets the requirements for an attachment to issue. (Code Civ. Proc., § 483.010.) Defendants to give notice. ...
2018.7.2 Demurrer 689
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.2
Excerpt: ...a Airbnb on October 2, 2015 and references Exhibit 1 to the FACC. (FACC, 10.) Exhibit 1 to the FACC is a written agreement. (FACC, Ex. 1.) The court finds that it can be ascertained from the FACC that the alleged contract is a written agreement. (McKell v. Washington Mut., Inc. (2006) 142 Cal. App. 4th 1457, 1489.) The demurrer on the grounds of lack of ascertainability is overruled. Breach of Contract The Newport Heights Property Group Agreement...
2018.7.2 Demurrer, Motion to Strike 484
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.2
Excerpt: ...Responding Party Plaintiff Maria Torres. Ruling Motion 1: Defendant Edouard Cordi's demurrer to the First Amended Complaint (“FAC”) is SUSTAINED as to the first and fourth causes of action. The demurrer is OVERRULED as to the second and third causes of action. Plaintiff shall have 15 days leave to amend. First Cause of Action for Fraudulent Concealment. Cordi's demurrer to the first cause of action is sustained. The FAC fails to allege, with ...
2018.7.2 Motion to Quash Discovery Subpoena 965
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.2
Excerpt: ...roll records, attendance records, time records, personnel files, manager and/or supervisor files, performance evaluations and reviews, job descriptions and/or job analyses for any positions held by Ms. Sanchez, work-related accommodations requests by Ms. Sanchez, complaints by employees about Ms. Sanchez, complaints by Ms. Sanchez about employees, disciplinary actions pertaining to Ms. Sanchez, and/or termination documents pertaining to Ms. Sanch...
2018.7.2 Motion to Tax Costs 703
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.7.2
Excerpt: ...by the court. (Code Civ. Proc. § 1033.5(b)(1); Baker-Hoey v. Lockheed Martin Corp. (2003) 111 Cal.App.4th 592, 601; Gorman v. Tassajara Development Corp. (2009) 178 Cal.App.4th 44, 74, as modified on denial of reh'g (Nov. 4, 2009) (“Absent evidence or even an argument that these defense experts were ordered by the court, plaintiffs were not entitled to recover their deposition fees.”).) Plaintiff has made no showing that the experts which ca...
2018.6.4. Motion to Compel Further Responses 923
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.6.4.
Excerpt: ...eceipt of a response to discovery, the propounding party may move for an order compelling a further response if it finds the response deficient. (Code Civ. Proc., § 2030.300(c).) Special Interrogatory No. 19 requests that Plaintiff identify the short sale agent Plaintiff used to sell the Property. Plaintiff did not respond to Special Interrogatory No. 19. Additionally, Plaintiff did not file an Opposition to justify her failure to respond. Defen...
2018.6.4 Motion to Tax Costs 234
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.6.4
Excerpt: ...tory offer to compromise on him, there is no dispute that Plaintiff (through Plaintiff's counsel) was aware of the contents, had actual notice of the 998 offer, and took no action to accept it or to discuss it with Karimi's counsel. Berg v. Darden (2004) 120 Cal.App.4th 721, 732; Mackay Decl., ¶ 4. The following postoffer costs are taxed: jury fees in the amount of $438.90; court reporter fees in the amount of $5,859.38; and costs for models, en...
2018.6.4 Motion to Strike Costs 972
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.6.4
Excerpt: ... a cost bill, a waiver of the right to costs results. The time provisions relating to the filing of a memorandum of costs, while not jurisdictional, are mandatory. Hydratec, Inc. v. Sun Valley 260 Orchard & Vineyard Co. (1990) 223 Cal.App.3d 924, 929. ...
2018.6.4 Motion to Compel Arbitration 729
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.6.4
Excerpt: ... there is no evidence that he did not have the opportunity to read it. As a co-owner, he was not forced to sign the arbitration agreement. Plaintiff failed to establish that the arbitration agreement was substantively and procedural unconscionable. The terms were fair to both sides. The document clearly indicated that the parties were agreeing to binding arbitration. There was no surprise. Defendants are seeking only to enforce the arbitration ag...
2018.6.4 Motion for Attorneys' Fees 124
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.6.4
Excerpt: ...ling party] may recover fees and costs only for the motion to strike, not the entire litigation. . . . The court tabulates the attorney fee touchstone, or lodestar, by multiplying the number of hours reasonably expended by the reasonable hourly rate prevailing in the community for similar work.” (Christian Research Inst. v. Alnor (2008) 165 Cal. App. 4th 1315, 1320-1321.) “The Legislature, however, did not intend recovery of fees and costs as...

543 Results

Per page

Pages