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

523 Results

Clear Search Parameters x
Location: Orange County x
Judge: McCormick, Melissa 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 = 356)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 450,50
Array
(
)
2018.4.26 Motion to Deem Requests for Admission Admitted
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.26
Excerpt: ...stantially comply with Code of Civil Procedure § 2033.220. Pursuant to section 2033.280(c), “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated” the motion. Accordingly, because Plaintiff's failure to serve timely and complete responses to Defendant's Requests for Admis...
2018.4.26 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.26
Excerpt: ...roduce documents responsive to Plaintiff's Request for Production of Documents (Set One) Nos. 2 and 7. For the following reasons, Plaintiff's motion is granted. Request No. 2 seeks documents constituting, memorializing or referring to any communications Royal Pacific had with Defendant Christopher A. Calderon since January 1, 2016 concerning Royal Pacific's hiring of Calderon. Request No. 7 seeks documents reflecting or referring to compensation ...
2018.4.26 Demurrer (3)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.26
Excerpt: ...alleges that Defendant misrepresented to him that he required root canals on healthy teeth that did not require root canals, Complaint ¶ 25, and that Defendant knew the representations were false when made or made them recklessly and without regard for their truth. Id. ¶ 26. Plaintiff alleges that Defendant intended to deceive Plaintiff, id. ¶ 27, and that Plaintiff relied to his detriment and was damaged. Id. ¶¶ 28, 33. Plaintiff meets the ...
2018.4.26 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.26
Excerpt: ...Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint...
2018.4.26 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.26
Excerpt: ...le an opposition. For the following reasons, Plaintiffs' demurrer is sustained in part and overruled in part. “Generally speaking, the determination whether an answer states a defense is governed by the same principles which are applicable in determining if a complaint states a cause of action.” South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732. Accordingly, a demurrer reaches only to the contents of the pleading and such matter...
2018.4.19 Motion to Enforce Settlement
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.19
Excerpt: ...Plaintiffs move for entry of judgment based on the settlement agreement, which Plaintiffs allege Defendants have breached. Defendants did not file an opposition to Plaintiffs' motion. For the following reasons, Plaintiffs' motion is granted. In a September 6, 2016 order, the court (Judge Andrew P. Banks) granted issue sanctions against Defendants, establishing liability against Defendant Ocampo on Plaintiffs' first cause of action for financial e...
2018.4.19 Motion to Set Aside Default
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.19
Excerpt: ...tion is granted. Compliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Ellard v. Conway (2001) 94 Cal.App.4 th 540, 544. Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. Id.; see also OC Interior Servs., LLC v. Nationstar Mortg. (2017) 7 Cal.App.5 th 1318, 1330-31. Under section 473(d), the court may set as...
2018.4.12 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.12
Excerpt: ...ss and overbreadth. For the following reasons, Plaintiff's motion is granted in part and denied in part. Defendant hired attorney Michael Robbins and his firm EXTTI, Inc. “to provide limited legal services in the form of a workplace investigation” related to Plaintiff's allegations. Robbins Decl. ¶¶ 2, 5-8 & Ex. A. Defendant contends that the attorney-client privilege shields all of the information and documents sought by Requests for Produ...
2018.4.12 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.12
Excerpt: ...lege that Defendant McMahon, Plaintiff S.P.'s “zero period” instructor at GFHS, “had a policy” of not marking students absent from zero period as long as the students attended on Fridays. TAC ¶¶ 15-16. Plaintiffs allege Defendant Landsiedel, the school principal, knew about McMahon's alleged policy. Id. ¶ 16. Plaintiffs allege that numerous times during the second semester of 2016, after Plaintiff M.D.A. dropped S.P. off at school, S.P...
2018.4.12 Motion for Summary Judgment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.12
Excerpt: ...on must demonstrate that it is entitled to summary judgment on both of Plaintiffs' causes of action. Flatiron has not done so. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling...
2018.4.12 Motion to Compel 2nd Med Exam
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.12
Excerpt: ...move to augment their expert witness list to add Dr. Laura Audell as a retained defense expert pain management specialist. The court has read and considered the briefs, declarations and other evidence submitted in support of and in opposition to Defendants' motions. Defendants submitted with their reply various exhibits that had not yet existed at the time Defendants filed their motions (e.g., transcripts of depositions not taken until after Defe...
2018.4.12 Motion to Strike Complaint
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.12
Excerpt: ...ued Terrazas, its former employee, and others on August 22, 2016, alleging that Terrazas and others embezzled from Avenal and otherwise misused Avenal funds. Cross-Defendants Yuan Hong Taiwan Enterprises (Yuan Hong) and Neoteric Entertainment, Inc. (Neoteric) also sued Terrazas the same day based on similar allegations. Yuan Hong alleges in its complaint that Cross-Defendant Reggie King is Yuan Hong's principal. Cross-Defendants contend Terrazas'...
2018.4.5 Motion for Terminating Sanctions
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.5
Excerpt: ...an opposition to Plaintiff's motion. If a party does not obey an order compelling further responses to interrogatories, the court may make those orders that are just. Cal. Civ. Proc. Code § 2030.300(e); see also id. § 2023.030. The discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination. Doppes v. Bentley Motors, Inc.(2009) 174 Cal.App.4 th 9...
2018.4.5 Motion for Preliminary Injunction
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.5
Excerpt: ...ling any documents concerning the Property. Having read and considered all of the documentation submitted by the parties in support of and in opposition to Plaintiffs' motion, including the parties' briefs, declarations, and exhibits, the court denies Plaintiffs' motion for the following reasons. Plaintiffs allege that Defendant's deceased husband provided a usurious loan to Plaintiffs in April 2007. The purpose of the loan was to refinance the P...
2018.4.5 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.5
Excerpt: ...6, alleging that the Controller had, in 2007, improperly paid Johannes-Surmenian one-half of the value of five properties for which Benavides had submitted a claim to the Controller. Plaintiff alleges that Johannes- Surmenian's claim to the Controller and subsequent refusal to return the proceeds she received from the State to Plaintiff resulted in more than $160,000 in damages to Plaintiff. Johannes-Surmenian subsequently filed a cross-complaint...
2018.4.5 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.5
Excerpt: ...s allegedly have not exhausted required administrative remedies for that claim. For the following reasons, Defendants' demurrer is overruled. Defendants' demurrer to both causes of action based on uncertainty is overruled. Demurrers for uncertainty are disfavored. Lickiss v. Financial Indus. Regulatory Auth. (2010) 208 Cal.App.4th 1125, 1135. These causes of action are not “so incomprehensible that [Defendants] cannot reasonably respond.” Id....
2018.3.29 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...fected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Furthermore, “[w]hen a pleader is in doubt about what actually occurred or what can be established by the evidence, the modern practice a...
2018.3.29 Motion for Reclassification
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...aracterization of her claimed damages and the evidence and arguments submitted in support of Defendant's motion do not otherwise demonstrate that the Walker standard is met here. Plaintiff to give notice. ...
2018.3.29 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...zing or referring to any communications Royal Pacific had with Defendant Christopher A. Calderon since January 1, 2016 concerning Royal Pacific's hiring of Calderon. Request No. 7 seeks documents reflecting or referring to compensation and benefits Royal Pacific offered Calderon to become employed at Royal Pacific. Royal Pacific objected to both requests on various grounds and stated that it could not produce any responsive documents because “i...
2018.3.29 Motion to Compel Med Exam
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...e following reasons, Defendants' motions are granted. Plaintiff failed to appear for a defense medical examination noticed for January 4, 2018. Plaintiff did not serve objections to the noticed date or otherwise communicate to Defendants that he would not appear. Defendants have rescheduled the medical examination for April 26, 2018. Plaintiff is ordered to appear on April 26, 2018 at 9:00 a.m. at the offices of Steven Nagelberg, M.D., 10800 Para...
2018.3.29 Motion to Set Aside Default
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...g on December 29, 2017; the court (Judge Robert Moss) requested supplemental briefing and continued the motion hearing to January 26, 2018. On January 26, 2018, the court issued a tentative ruling on Trustee Doan's motion and held argument; following argument, the court requested further supplemental briefing and continued the motion hearing to March 2, 2018. The case, including Trustee Doan's motion, was thereafter transferred to this court and ...
2018.3.29 Petition for Writ of Mandate
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...writ proceeding. Pursuant to section 1094.5(b), the inquiry extends to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion. Cal. Civ. Proc. Code § 1094.5(b). Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or t...
2018.3.22 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...ts, which were filed without leave of court and violation of the California Rules of Court. A motion for summary judgment “shall be granted if all the papers submitted show that there is no triable issue of any material fact and that the moving party is entitled to a judgment as a matter of law.” Cal. Civ. Proc. Code § 437c(c). For the following reasons, Defendant's motion for summary judgment is granted. In her third cause of action, Ogle a...
2018.3.22 Motion to Compel Further Responses (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...intiff to give notice. Plaintiff SP Star Enterprises, LLC's Motion to Compel Further Responses to Special Interrogatories Plaintiff SP Star Enterprises, LLC, moves to compel further responses to Special Interrogatories (Set Two). Plaintiff's motion is granted. Defendant Madain must provide further, complete responses to Special Interrogatory Nos. 71, 83, 85, 86, 90, 91 and 97. These interrogatories are within the scope of discovery. Defendant Mad...
2018.3.22 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...actual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Furthermore, “[w]hen a pleader is in doubt about what actually occurred or what can be established by the evidence, the modern practice allows that party to plead in the alte...
2018.3.22 Motion for Summary Judgment or Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...nsurance Company's summary judgment motion under seal. Defendant's summary judgment motion is scheduled for hearing on March 22, 2018. Defendant Scottsdale Insurance Company designated some of the documents Plaintiffs seek to file under seal “confidential” pursuant to the Protective Order in this case; Plaintiffs designated other of the documents they seek to file under seal “confidential” pursuant to the same order. Defendant did not fil...
2018.3.22 Motion to Compel Deposition
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...any evidence supporting this assertion. Moreover, Defendants also state that “Defendants stand ready to produce the Person Most Qualified and service personnel from Premier Chrysler Jeep of Placentia at a mutually agreeable date and time for deposition so long as those depositions take place at the dealership.” Id. at 2:17-19. Thus, while Defendants appear to contend that these deponents are not party- affiliated witnesses, Defendants also st...
2018.3.22 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...ck Eisen in its responses to Special Interrogatory Nos. 2, 4, 6, 8 and 10. After Plaintiff filed this motion, Defendant agreed to produce Eisen for deposition and to accept a subpoena on his behalf. Defendant also provided Plaintiff with second supplemental responses to Special Interrogatory Nos. 2, 4, 24, 32 and 34 on March 7, 2018. Plaintiff did not address these issues or interrogatories in his reply. Accordingly, the court finds Plaintiff's m...
2018.3.22 Motion to Strike Answer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...Co., Inc. v. Harrison(1981) 125 Cal.App.3d 436, 442. Here, the TAC seeks, inter alia, damages of $2,085,488.22, including $267,800.00 in attorneys' fees. TAC at 64-66 (Prayer for Relief). This is a material change from the Second Amended Complaint (SAC), which sought various types of alleged damages “according to proof at trial,” injunctions, and costs and attorneys' fees. SAC at 64-66 (Prayer for Relief). Defendant is therefore entitled to r...
2018.3.22 Motion to Set Aside Default, Judgment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...rise, mistake or excusable neglect. Defendants argue that the court should set aside the defaults and default judgments entered against them. See Cal. Civ. Proc. Code § 473.5. Defendants submitted a proposed answer to Plaintiff's First Amended Complaint with their motion. See Stopani/Laguna Decl. Ex. A. For the following reasons, Defendants' motion is granted. The court finds Defendants made their motion within the time period specified in secti...
2018.3.15 Motion for Leave to File Complaint 6
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.15
Excerpt: ....4th 1422, 1428. Plaintiff shall file and serve the proposed Second Amended Complaint attached as Exhibit A to the McDougall Declaration by March 26, 2018. Plaintiff to give notice. ...
2018.3.15 Motion for Summary Adjudication 1
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.15
Excerpt: ...tatement shall “set[] forth plainly and concisely all material facts that the moving party contends are undisputed.” Rule 3.1350(d) states that the separate statement of undisputed material facts in support of a summary judgment or summary adjudication motion must identify “[e]ach supporting material fact claimed to be without dispute with respect to the cause of action . . . that is the subject of the motion.” Plaintiff's Separate Statem...
2018.3.8 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.8
Excerpt: ...y of the specific allegations in each cause of action refer only to a single “Defendant.” Plaintiff's explanation in her opposition that any given allegation “ultimately applies to one or both of the Defendants” illustrates the ambiguity. Defendants cannot be certain which causes of action are alleged against which Defendant, which prevents Defendants from reasonably responding to the Complaint. Plaintiff must file and serve an amended co...
2018.3.8 Demurrer (3)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.8
Excerpt: ...on against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced with one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. Cal. Civ. Proc. Code § 340.6(a). Under secti...
2018.3.8 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.8
Excerpt: ... identified in response to Form Interrogatory Nos. 12.1(d), 12.2(d), 15.1(b) and 17.1(c). Defendant has agreed to produce each of the individuals who is still employed by Defendant and to accept deposition subpoenas on their behalf. Additionally, Defendant has provided Plaintiff's counsel with the last known contact information for the three individuals Plaintiff seeks to depose who are no longer employed by Defendant. Plaintiff did not address t...
2018.3.8 Motion to Clarify, Expand Scope of Prefiling Order
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.8
Excerpt: ...e deemed to constitute “new litigation” subject to that order. In the alternative, Defendant requests an order that it need not respond to future motions filed in this case until the court initially determines whether the court has jurisdiction to consider the motions. For the following reasons, Defendant's motion is denied. California Civil Procedure Code § 391.7 states that “the court may, on its own motion or the motion of any party, en...
2018.3.8 Motion for Summary Judgment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.8
Excerpt: ...dication is denied. The court (Judge David T. McEachen) previously denied Defendant's motion for summary judgment on statute of limitations grounds, finding that “there is a disputed fact as to when Fantastic Path knew or should have known that the Second Deposit was released.” 07/28/17 Order. Plaintiff, in seeking summary judgment and summary adjudication in its favor on its first and second causes of action, implicitly (if not explicitly) a...
2018.3.8 Motion for Summary Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.8
Excerpt: ...nt of Undisputed Facts, Nos. 2, 4, 7, 11-12, 15, 16, 19, 28-30 & 33-34. Defendants showed a triable issue of material fact with respect to each of these causes of action – the amount owed. SeeDefendants' Opposing Separate Statement of Disputed Facts, Nos. 12, 13, 19, 20, 34 & 35. Plaintiff's motion is therefore denied as to Plaintiff's first, second and fifth causes of action. Plaintiff met its burden of demonstrating it is entitled to summary ...
2018.3.8 Motion for Protective Order
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.8
Excerpt: ... Special Interrogatory Nos. 36 through 148. See Cal. Civ. Proc. Code § 2030.040(b); Plaintiff's Opposition at 6:10-9:20. Several of these interrogatories seek facts, witnesses and documents supporting Defendant's thirty-one affirmative defenses (Nos. 59 through 148) and the other interrogatories cover appropriate areas of discovery (e.g., Nos. 44 through 46, seeking information supporting Defendant's contention that the alleged public disseminat...
2018.3.8 Motion for New Trial
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.8
Excerpt: ...anted Mercury's summary judgment motion because Plaintiff filed her lawsuit after the one-year limitations period set forth in Plaintiff's policy with Mercury had expired. As discussed below, there is substantial evidence to support the decision. Plaintiff's policy with Mercury contains a one-year limitations period: "Suit Against Us. No action shall be brought unless there has been compliance with the policy provisions and the action is started ...
2018.3.8 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.8
Excerpt: ...is sustained in part and overruled in part. Plaintiff alleges four causes of action in the SAC: (i) breach of Governing Documents; (ii) declaratory relief; (iii) abatement of nuisance and nuisance per se; and (iv) intentional interference with contractual relations. Plaintiff alleges Defendants have harassed one of Plaintiff's employees and have violated Plaintiff's rules by constructing an unauthorized patio cover in violation of Covenants, Cond...
2018.3.1 Motion to Compel Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ...e § 2031.300(b). By failing to serve timely responses, Plaintiff waived “any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” Id. § 2031.300(a). Defendant served Requests for Production on Plaintiff in May 2017. Kraemer Decl. ¶ 2 & Ex. A. After receiving no responses, Defendant provided Plaintiff with an unsolicited additional ten days to re...
2018.3.1 Motion to Compel Physical Exams
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ...owing: Physical examination at 26732 Crown Valley Parkway, Suite 561, Mission Viejo, CA 92691 on April 5, 2018 at 9:00 a.m. Physical examination at 360 San Miguel Drive, Suite 701, Newport Beach, CA 92660 on April 2, 2018 at 1:30 p.m. Civil Procedure Code section 2032.220(a) provides that any defendant may demand one physical examination of a plaintiff seeking damages for personal injuries. A defendant desiring a second physical exam must file a ...
2018.3.1 Motion for Preliminary Injunction
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ...ntiff's motion. For the following reasons, Plaintiff's motion is denied. In determining whether a preliminary injunction should issue, a trial court evaluates two interrelated factors: (i) the likelihood that the party seeking the injunction will ultimately prevail on the merits of his or her claim and (ii) the balance of harm presented, i.e., the comparative consequences of the issuance and nonissuance of the injunction. Fleishman v. Superior Ct...
2018.3.1 Motion for Judgment on the Pleadings (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ... any future motions to strike or motions for judgment on the pleadings. Plaintiff's Complaint pleads sufficient facts to support a claim for fraudulent concealment. Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248; Vega v. Jones, Day, Reavis & Pogue (2004) 121 Cal.App.4th 282, 292. Plaintiff alleges the existence of a fiduciary relationship (Complaint ¶ 7), that Defendant concealed certain facts regarding Plaintiff's dental trea...
2018.3.1 Motion for Judgment on the Pleadings
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ... any future motions to strike or motions for judgment on the pleadings. Plaintiff's Complaint pleads sufficient facts to support a claim for fraudulent concealment. Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248; Vega v. Jones, Day, Reavis & Pogue (2004) 121 Cal.App.4th 282, 292. Plaintiff alleges the existence of a fiduciary relationship (Complaint ¶ 6), that Defendant concealed certain facts regarding Plaintiff's dental trea...
2018.3.1 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ...the company in conformity with the articles of organization or the operating agreement and that dissolution is reasonably necessary for the protection of the rights or interests of the complaining member. Plaintiff alleges these grounds in the FAC, but Plaintiff also alleges that dissolution is necessary because the members are deadlocked. See FAC ¶ 30. Paragraph 10.9 does not even purport to waive a right to seek judicial dissolution in the eve...
2018.3.1 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ... Ex. 3 (“I Pancho Odal Yarra . . . agree that Jocylin Dumapias Lopez is hired for $150/day beginning Aug. 8, 2016.”). Plaintiff's and Defendant's Requests for Judicial Notice are granted. Plaintiff to give notice. Defendant Pancho Odal Yarra's Motion to Strike Portions of Plaintiff's Complaint Defendant Pancho Odal Yarra moves to strike portions of Plaintiff Jocylin Lopez's Complaint. Yarra's motion to strike is denied. As an initial matter, ...
2018.2.8 Motion to Strike
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.8
Excerpt: ... to section 425.16(e)(1). Defendant also argues that Plaintiff cannot prevail in his defamation suit against Defendant because the statements made in the Victim Impact Statement are privileged. For the following reasons, Defendant's motion is granted. Code of Civil Procedure section 425.16 provides that “[a] cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under...
2018.2.8 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.8
Excerpt: ... through 13, 15 through 19, 21, 23, 26 through 28, 33 through 35 and 46 from Defendant Sares Regis Management Company (Sares) and Defendant Greystar, L.P. (Greystar). Plaintiff also moves for sanctions against Sares and Greystar. The court has reviewed all of the materials submitted in connection with Plaintiff's eight discovery motions, including the parties' briefs, separate statements, correspondence, and the discovery requests and responses a...

523 Results

Per page

Pages