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2018.6.21 Motion to Tax Costs
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.21
Excerpt: ...ise, Defendant obtained summary judgment in its favor. See03/23/18 Order. Defendant thereafter filed a costs memorandum seeking reimbursement for $8,538.86. Defendant's postoffer costs total $5,193.21. Plaintiff does not challenge any of the specific cost items or amounts Defendants claim. Rather, as discussed below, Plaintiff makes two arguments against a costs award in general. Plaintiff first argues that Defendant is not entitled to costs base...
2018.6.21 Motion to Compel Further Responses (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.21
Excerpt: ...solve the issues raised in this motion informally or to meet and confer with Defendant about the responses at issue before filing this motion. See Sorenson Decl. ¶ 8. Plaintiff's motion is therefore denied. Defendant's request for sanctions is granted. Monetary sanctions are mandatory when a party fails to confer as required. Cal. Civ. Proc. Code § 2023.020 (“Notwithstanding the outcome of the particular discovery motion, the court shall impo...
2018.6.21 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.21
Excerpt: ...arch 22, 2018 and offer competing recollections of the court's comments regarding discovery motions outstanding at the time the stay commenced. While a transcript of the March 22, 2018 hearing apparently exists, neither party provided a copy of the transcript to the court. In addition, it appears from Plaintiff's opposition papers that during some period of the parties' recent correspondence regarding Plaintiff's responses to Defendant's Third Se...
2018.6.21 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.21
Excerpt: ...n for summary judgment or, in the alternative, summary adjudication, because Defendant's motion papers do not comply with California Rule of Court 3.1350(b), the court must treat the motion solely as a motion for summary judgment. Rule 3.1350(b) states: If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in support of the summary judgment motion. If summary adjudication is ...
2018.6.21 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.21
Excerpt: ...nd. Plaintiffs' first and second causes of action do not identify the contract(s) on which each of these causes of action is purportedly based. See CACI 303 & 325. Defendant's demurrer to Plaintiffs' third cause of action for negligence and fourth cause of action for negligent infliction of emotional distress is sustained with leave to amend. Plaintiff's third and fourth causes of action do not identify an actionable duty owed by a foreclosing tr...
2018.6.14 Motion to Tax or Strike Costs
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.14
Excerpt: ...tice of Acceptance of Offer to Compromise. Plaintiff accepted Defendants' section 998 offer. In exchange for a dismissal with prejudice of this action, Plaintiff accepted $25,000. On March 1, 2018, the court entered judgment in Plaintiff's favor. A prevailing party is usually entitled as a matter of right to recover costs in any action or proceeding. Cal. Civ. Proc. Code § 1032(b). If a plaintiff recovers a judgment in an unlimited civil case th...
2018.6.14 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.14
Excerpt: ...nges 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, a court will not consider facts ...
2018.6.14 Petition to File Tax Returns, Settle Lawsuit
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.14
Excerpt: ...nt agreed by the Naman plaintiff and the involved insurance carrier. Plaintiff A. Nicholas Georggin requests that the court issue the order the Receiver requests. Defendant James A. Krutcik filed a “Qualified Opposition” to the Receiver's request. For the following reasons, the Receiver's petition is granted. A receiver is an agent of the court and not of any party. Cal. R. Ct. 3.1179(a). As such, a receiver is neutral, acts for the benefit o...
2018.6.14 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.14
Excerpt: ...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, a court will not consider facts that have not been a...
2018.6.14 Motion to Tax Costs
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.14
Excerpt: ...acie evidence of their propriety and the burden is on the party contesting them to show that they were not reasonable or necessary. Foothill-De Anza Comm. College Dist. v. Emerich (2007) 158 Cal.App.4 th 11, 29; Wagner Farms, Inc. v. Modesto Irrigation Dist. (2006) 145 Cal.App.4th 765, 773-74. The party challenging costs does not meet this burden by arguing that the costs were not necessary or reasonable, but must present evidence and prove that ...
2018.6.14 Motion to Reopen Discovery
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.14
Excerpt: ...ot limited to, the following:” 1. The necessity and the reasons for the discovery; 2. The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; 3. Any likelihood that permitting the discovery will prevent the case from going to trial on the date set, or otherwise interfere with the trial cale...
2018.6.14 Motion to Compel Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.14
Excerpt: ...rm and special interrogatories on Plaintiff on February 20, 2018. Alvanos Form Interrogatory Decl. Ex. 1; Alvanos Special Interrogatory Decl. Ex. 1. Pursuant to various extensions, Plaintiff's responses were due on April 12, 2018. Alvanos Form Interrogatory Decl. ¶ 5 & Ex. 3; Alvanos Special Interrogatory Decl. ¶ 5 & Ex. 3. Plaintiff has not served any responses. Alvanos Form Interrogatory Decl. ¶¶ 10- 11; Alvanos Special Interrogatory Decl. ...
2018.6.14 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.14
Excerpt: ...tiff's job duties in May had been hired in March of 2016. In March of 2016 and May of 2016 people had been hired and they took over most of Plaintiff's job duties in May and then the remainder of her job duties in October 2016 when she demanded that she receive a raise in pay or that her job duties be reduced. Carlsen Decl. Ex. B (at 13:23-14:2). Plaintiff's Special Interrogatory No. 9 seeks the names of the individuals referred to in Defendant's...
2018.6.14 Motion for Sanctions
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.14
Excerpt: ... court addresses section 128.7 motion); id. § 1005(b) (“all moving and supporting papers shall be served and filed at least 16 court days before the hearing”) (emphasis added); Cal. R. Ct. 3.1300(c) (“Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.”). Defendant also did not comply with section 128.7(c)(1) (“Notice of motion shall be served as provided in Secti...
2018.6.7 Motion for Protective Order
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.7
Excerpt: ... Decl. Exs. A & B. This instant motion is directed at seventy- three additional requests for admission from Defendant Dubin Law Firm and a corresponding form interrogatory. See id. Exs. D & E. No party shall request, as a matter of right, that any other party admit more than 35 matters that do not relate to the genuineness of documents. Cal. Civ. Proc. Code § 2033;030(a). Subject to the right of the responding party to seek a protective order un...
2018.6.7 Motion for Attorney's Fees and Costs
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.6.7
Excerpt: ...s procedural and substantive facts, including the court's finding in favor of Defendant Mauricio, see05/11/18 Order, the court does not find that the circumstances of this case or Defendant Mauricio's role in it, including his failure to appear for the April 20, 2018 Mandatory Settlement Conference, warrants an award of attorneys' fees and costs against Defendant Mauricio. Plaintiff's motion is denied. Clerk to give notice. ...
2018.5.31 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.31
Excerpt: ...lowing reasons, Cross-Defendants' demurrer is sustained with leave to amend. The elements of intentional interference with prospective economic relations are: (i) an economic relationship between Cross-Complainant and a third party that probably would have resulted in an economic benefit to Cross-Complainant; (ii) Cross-Defendants' knowledge of the relationship; (iii) wrongful conduct by Cross-Defendants; (iv) by engaging in the wrongful conduct,...
2018.5.31 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.31
Excerpt: ...ng, 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, a court will not consider facts that have not been alleged in the complaint unless the...
2018.5.31 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.31
Excerpt: ...he claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, ...
2018.5.31 Motion to Compel Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.31
Excerpt: ...t entirely of objections. SeeCal. Civ. Proc. Code § 2030.250(a) (“The party to whom the interrogatories are directed shall sign the response under oath unless the response contains only objections.”). If the responses contain an objection(s), the party's attorney must sign the response. See id. § 2030.250(c) (“The attorney for the responding party shall sign any responses that contain an objection.”). “The objections themselves do not...
2018.5.31 Motion to Compel Further Responses, for Admission
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.31
Excerpt: ...he requests. The court has reviewed Plaintiff's supplemental responses and finds that they moot Defendant's motion as to those forty-seven requests. California courts have recognized that requests for admission differ in purpose from other commonly used discovery devices, such as interrogatories, document demands, or depositions. City of Glendale v. Marcus Cable Assocs., LLC (2015) 235 Cal.App.4 th 344, 352. Although requests for admission are in...
2018.5.24 Application for Writ of Possession
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.24
Excerpt: ...ed to possession of the property claimed; (2) show that the property is wrongfully detained by the defendant, the manner in which the defendant came into possession of the property, and the belief of the plaintiff of the reason for that detention; (3) describe the property and state its value; (4) provide the location of the property and whether the property or some part of it is within a private place that may have to be entered to take possessi...
2018.5.24 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.24
Excerpt: ...45 Cal.App.4 th 170, 186. Plaintiff alleges, inter alia, that Defendant misrepresented to her that she required root canals on six healthy teeth that did not require root canals, FAC ¶ 30, and that Defendant knew the representations were false when made or made them recklessly and without regard for their truth. Id. ¶ 31. Plaintiff alleges that Defendant intended that Plaintiff would rely on the representations and undergo unnecessary treatment...
2018.5.24 Demurrer, Motion to Strike
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.24
Excerpt: ... that the vicarious liability allegations in the first through fifth and eighth causes of action are duplicative of the tenth cause of action. “For the doctrine of respondeat superior to apply, the plaintiff must prove that the employee's tortious conduct was committed within the scope of employment.” Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202, 209. A risk arises out of the employment when in the context of the particular enterprise ...
2018.5.24 Motion to Quash Service of Summons, to Dismiss or Stay
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.24
Excerpt: ...Suite, Inc. and JS CJ3 LLC for alleged lack of personal jurisdiction. Defendant Cessna Finance Corporation moves in the alternative to dismiss or stay this case based on a forum selection clause in agreements between Cessna Finance and Plaintiff JS CJ3, LLC. For the following reasons, Defendant Beverlin's motion to quash is denied, Defendant Textron's motion to quash is denied, and Defendant Cessna Finance's motion to quash is granted. In light o...
2018.5.17 Motion to Set Aside Defaults
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.17
Excerpt: ...s do not contend that service of summons did not result in actual notice in time to defend the action. See Cal. Civ. Proc. Code § 473.5(a). Section 473 applies to Defendants' motion. Defendants argue that the defaults were entered due to Defendants' mistake, inadvertence, surprise or excusable neglect. See id. § 473(b). Specifically, Defendants argue that their prior counsel failed to communicate with them and, in particular, failed to advise t...
2018.5.17 Motion to Strike
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.17
Excerpt: ...ses its discretion pursuant to section 426.16(f) to hear Defendant's motion despite its filing more than sixty days after service of the complaint. The circumstances of this case are not like those in Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5 th 637, which involved a special motion to strike filed after “much litigation” and against causes of action contained in an amended complaint that had also been cont...
2018.5.17 Motion to Reclassify Action
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.17
Excerpt: ... below the superior court jurisdictional amount, and the court affords the parties an opportunity to contest transfer.” Walker v. Superior Ct. (1991) 53 Cal.3d 257, 262. Having read and considered the arguments and evidence submitted by Plaintiffs and Defendant, the court cannot conclude that this case will necessarily result in a verdict below the superior court jurisdiction amount. See Small Decl. ¶¶ 2-4 & Exs. 1 & 2. Plaintiffs to give not...
2018.5.17 Motion to Compel Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.17
Excerpt: ...lure to serve responses to the requests, Plaintiff has “waive[d] any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . .” Cal. Civ. Proc. Code § 2030.290(a). Plaintiff shall provide responses, without objections, to Defendant's Special Interrogatories (Set One) by May 31, 2018. Defendant's reque...
2018.5.17 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.17
Excerpt: ...tions of fact contained in the complaint. Blank v. Kirwan (1985) 39 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, ...
2018.5.17 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.17
Excerpt: ...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 matters as may be considered under the doctrine of judicial notice. Id. The allegations of th...
2018.5.10 Motion to be Relieved as Counsel
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.10
Excerpt: ...not serve and file Judicial Council forms MC-052 and MC-053 in support of the motion. See Cal. R. Ct. 3.1362(c), (e). Counsel also request in the March 2, 2018 motion that the court continue the May 14, 2018 trial date. That request is denied. Counsel has not provided evidence of good cause for a trial continuance, which is not addressed at all in Attorney Sobti's declaration in support of the March 2, 2018 motion. The March 8, 2018 motion is den...
2018.5.10 Motion to Set Aside Judgment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.10
Excerpt: ...nts Derek Phan and Tung Phan pursuant to California Code of Civil Procedure Section 998, and Goldstein [sic] v. Bank of San Pedro, 27 Cal. App. 4 th 899 (1994), hereby jointly offer to compromise and settle his [sic] matter as to Plaintiff Karrie Sartin upon payment to her of the total sum of $1,000.00 [one thousand dollars]. All parties to bear their own attorney's fees and costs. After Plaintiff's timely acceptance of this statutory offer by fi...
2018.5.10 Motion to Strike
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.10
Excerpt: ...ations regarding Defendant's intoxication at the time of automobile collision at issue in this case to allege entitlement to punitive damages at this stage. See, e.g., First Amended Complaint ¶¶ 6, 8, 9. Dawes v. Superior Court (1980) 111 Cal.App.2d 82, on which Defendant relies, supports the conclusion that Plaintiff's First Amended Complaint alleges sufficient facts to support her punitive damage prayer. Defendant to serve and file an answer ...
2018.5.10 Motion to Strike (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.10
Excerpt: ...intiff to file any amended complaint by December 21, 2017. See id. Plaintiff did not do so. Accordingly, Plaintiff's first and second causes of action, and the punitive damages allegations related to those two causes of action, remain dismissed. There is no need for Defendant to move separately to strike those portions of the FAC. Defendant's motion to strike is therefore denied. Defendant's Request for Judicial Notice is denied. Defendant need n...
2018.5.10 Motion for Preliminary Injunction (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.10
Excerpt: ...r from recording or filing any documents concerning the Property. The court denied Plaintiffs' previous motion for a preliminary injunction in an April 5, 2018 order. For the following reasons, Plaintiffs' renewed motion is denied. A trial court may not consider an application to reconsider an order or renew a motion unless it is made in accordance with the requirements of California Code of Civil Procedure § 1008. Section 1008 is jurisdictional...
2018.5.10 Motion for Preliminary Injunction
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.10
Excerpt: ...nary injunction shall be granted without notice to the other party.”); Pacific Decision Sciences Corp. v. Superior Ct. (2004) 121 Cal.App.4 th 1100, 1110 (“Prior notice is always required before the court issues a preliminary injunction.”) (emphasis in original). A preliminary injunction may be sought by noticed motion pursuant to California Code of Civil Procedure § 1005 or by an application for an Order to Show Cause (OSC). Cal. R. Ct. 3...
2018.5.10 Application for Right to Attach Order, Writ of Attachment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.10
Excerpt: ...ment may be issued; (2) the plaintiff has established the probably validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. Cal. Civ. Proc. Code § 484.090(a)(1)-(4). A court may order the issuance of a writ of attachment only if the plaintiff's claim has ...
2018.5.3 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.3
Excerpt: ...e private entity renders her complaint uncertain, confusing and ambiguous, as does her use of “Defendants” through the complaint when it appears that particular allegations only apply to one or the other of Defendants. See Cal. Civ. Code § 430.10(f). Defendant City of Santa Ana's demurrer is sustained. Should Plaintiff desire to file an amended complaint, she must file and serve it by May 14, 2018. Defendant's unopposed Request for Judicial ...
2018.5.3 Application for Right to Attach Order, Writ of Attachment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.3
Excerpt: ...is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. Cal. Civ. Proc. Code § 484.090(a)(1)-(4). A court may order the issuance of a writ of attachment only if the plaintiff's claim has probable validity; i.e., where it is more likely than not that the plaintiff will obtain a judgment against the def...
2018.5.3 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.3
Excerpt: ...a) states that “[u]pon request from a borrower who requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.” Cal. Civ. Code § 2923.7(a). The statute defines “single point of contact” as “an individual or team of personnel each of whom has the ability and authority to perf...
2018.5.3 Motion for Attorneys' Fees
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.3
Excerpt: ...bmitted in support of Plaintiff's motion sets forth the attorneys' fees and costs Defendant has incurred. See Zech Decl. ¶ 2. The amount includes $1,600 in attorneys' fees anticipated to be incurred for reviewing Plaintiff's opposition and attending the hearing on this motion. Because Plaintiff did not file an opposition, the court will not award attorneys' fees for that work. Defendant is awarded $2,400 in attorneys' fees and $525 in costs, whi...
2018.5.3 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.3
Excerpt: ...nterrogatories (Set One), Amended Special Interrogatories (Set One), Amended Requests for Production (Set One), and Amended Requests for Admission (Set One). Defendants claim Plaintiff waived her objections to these four sets of discovery by serving allegedly untimely responses. For the following reasons, Defendant's motions are denied. Plaintiff's responses to these four sets of discovery were initially due on December 26, 2017. In light of the ...
2018.5.3 Motion to Strike
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.3
Excerpt: ... Superior Ct. (1984) 157 Cal.App.3d 159, 166. Plaintiffs' Complaint states sufficient allegations related to Defendants' pit bull attacking and biting Plaintiffs, and Defendants' maintenance and control of the pit bull, to allege entitlement to punitive damages at this stage. Defendants to respond to Plaintiff's Complaint by May 14, 2018. Plaintiffs to give notice. ...
2018.5.3 Motion to Tax or Strike Costs
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.5.3
Excerpt: ... the court confirmed in a December 7, 2017 order. See 12/07/17 Order. On January 2, 2018, the court entered judgment in conformity with the Final Award, pursuant to California Code of Civil Procedure § 1287.4. See 01/02/18 Judgment. The Final Award, upon which the court entered judgment, states: (i) “[c]ounsel for the parties met and conferred and agreed neither party will move for costs and fees;” (ii) Defendant Zucaro “shall not recover ...
2018.4.5 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.5
Excerpt: ...family way.'” Vinas's Compendium of Exhibits, Ex. 1 (at 15-16). Although these interrogatories refer to allegations in Cross-Complainants' Wayne Hayes and Amy Hayes's Cross-Complaint, see id. (Special Interrogatory No. 67), Cross-Complainants have filed a First Amended Cross-Complaint. The allegations to which Special Interrogatory Nos. 68 through 75 refer appear in paragraph 20 of the First Amended Cross-Complaint. Paragraph 20 alleges, in rel...
2018.4.5 Motion to Compel Arbitration
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.4.5
Excerpt: ...es, as well as the arguments of counsel at the February 8, 2018 hearing, the court grants Reliant's motion in part and denies it in part for the following reasons. The parties agree that Plaintiff's case should be arbitrated. SeePlaintiff's Opp. at 1:6-7; Plaintiff's Supp. Brief at 2:8-9. The parties dispute, however, whether Plaintiff is required to accept the American Arbitration Association (AAA) as the arbitration provider. When Plaintiff pur...
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 (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....

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