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2020.07.31 Motion to Compel Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.07.31
Excerpt: ...o. 111 seeks production of “flirty text messages” Defendant James Grueser testified at deposition he exchanged with another Advanex employee. See Nicholas W. Hane Decl. Ex. C (at 8:1-5). Request No. 112 seeks production of “flirty text messages” Defendant Grueser testified at deposition he exchanged with Plaintiff. See id. Ex. C (11:9- 11). Advanex offers no persuasive argument that documents responsive to Request No. 112 (i.e., text mess...
2020.07.31 Motion for Protective Order
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.07.31
Excerpt: ...ed her due to her alleged medical condition. Plaintiff alleges that her mental state is fragile, that her allegations are sensitive and personal, and that she will be embarrassed and retaliated against if her true name is disclosed in this lawsuit. Plaintiff and Defendants stipulated to Plaintiff's use of a pseudonym pending the court's resolution of the parties' disagreement about Plaintiff's desire to use a pseudonym throughout the case. Every ...
2020.07.31 Motion to Compel Amended Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.07.31
Excerpt: ...en original responses are held inadequate, e.g., on a motion to compel. “Amended responses” refer to a party's service of responses correcting errors in the party's original responses or to include subsequently-discovered facts. For the following reasons, Defendant's motion is granted in part and denied in part. Form Interrogatory No. 17.1(b) asked Plaintiff to state all facts upon which Plaintiff based any response to a corresponding request...
2020.07.23 Motion to Enforce Settlement
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.07.23
Excerpt: ...levant part, that “[t]he Orange County Superior Court shall retain jurisdiction pursuant to CCP section 664.6 to enforce the terms of this AGREEMENT.” Id. Ex. A (¶ 14). On January 2, 2020, Plaintiff TLM Petro Labor Force, Inc. filed a Request for Dismissal with prejudice of the “[e]ntire action of all parties and all causes of action.” The Request for Dismissal was signed by Plaintiff's counsel and Ommid's counsel. The clerk entered the ...
2020.07.23 Motion to Compel Compliance with Document Subpoena
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.07.23
Excerpt: ...nts' subpoena seeks “[a]ll records reflecting payments made, including the amounts paid, in connection with any medical liens or medical care pertaining to [Plaintiff] Francisco Maldonado . . . for a date of loss of January 18, 2016.” Trafton Decl. Ex. D. The subpoena further states: “This subpoena includes documents reflecting the involvement of a factoring company or pre-settlement funding company in making payments for medical care recei...
2020.07.02 Motion for Attorneys' Fees
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.07.02
Excerpt: ..., for a total additional attorneys' fees award of $110,801.25. Plaintiff seeks $37,087.50 for the Knight Law Group, LLP, $23,655.00 for the Altman Law Group, and $13,125.00 for Wirtz Law APC. Plaintiff also seeks costs in the amount of $29,081.93. The court addresses Plaintiff's costs award in its concurrent order on Defendants FCA US LLC and McPeek's Dodge of Anaheim's motion to tax costs. For the following reasons, Plaintiff's second motion for...
2020.03.12 Motion for Attorneys' Fees
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.03.12
Excerpt: ...Plaintiff seeks attorneys' fees pursuant to California Labor Code §§ 218.5 and 1194(a). Plaintiff seeks $31,600 in fees for Attorney Alexander's work, $2,062.50 in fees for Paralegal Acosta's work, and $6,860.75 in costs. Plaintiff does not seek a multiplier. A. Attorneys' Fees Defendants do not contest that Plaintiff is the prevailing party or that Plaintiff is entitled to an award of attorneys' fees. Rather, Defendants argue that Plaintiff sh...
2020.03.12 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.03.12
Excerpt: ...(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, 1556. Because a demurrer tests only the sufficiency of the...
2020.02.27 Motion for Preliminary Injunction
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.02.27
Excerpt: ... Civ. Code § 1708.85(a)); and ordering all parties and their agents and attorneys to use the pseudonym Jane Doe to refer to Plaintiff and the pseudonym John Doe to refer to Plaintiff Jane Doe's husband in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public (Cal. Civ. Code § 1708.85(f)(2)(A)), and to exclude or redact any identifyin...
2020.02.27 Motion for Attorneys' Fees
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.02.27
Excerpt: ...tion for Attorneys' Fees California Civil Code §1794(d) provides that a prevailing plaintiff in a Song-Beverly case shall be allowed to recover a sum equal to the aggregate amount of costs and expenses, “including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Cal. Civ. Code § 1794(d). The plain wording ...
2020.02.27 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.02.27
Excerpt: ...ruled. In ruling on a demurrer, a court must accept as true all allegations 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 demurr...
2020.02.27 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.02.27
Excerpt: ...egations 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 they may be reasonably inferred from th...
2020.02.20 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.02.20
Excerpt: ...rt must accept as true all allegations 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., In...
2020.02.20 Petition for Writ of Mandate
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.02.20
Excerpt: ...emails and files on the computer. In a November 7, 2019 order, the court scheduled the petition for hearing on February 20, 2020 and directed Petitioner, inter alia, to file his opening brief in support of the petition by December 23, 2019 and to file his reply by February 4, 2020. Petitioner did not file either an opening brief or a reply. There are a “Memorandum of Points and Authorities in support of Petition for Writ of Mandate,” two decl...
2020.02.20 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.02.20
Excerpt: ...ns 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 they may be reasonably inferred from the matt...
2020.02.20 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.02.20
Excerpt: ...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 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 t...
2020.02.06 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.02.06
Excerpt: ... 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 they may be reasonably infe...
2020.01.30 Demurrer (3)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.01.30
Excerpt: .... 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, 1556. Because a demurrer tests only the sufficien...
2020.01.30 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.01.30
Excerpt: ...985) 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, 1556. Because a demurrer tests only the sufficiency of the c...
2020.01.30 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.01.30
Excerpt: ...ined in part and overruled in part. In ruling on a demurrer, a court must accept as true all allegations 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 fac...
2020.01.23 Applications for Right to Attach Orders and Orders for Writs of Attachment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.01.23
Excerpt: ...10.00. Defendants did not file oppositions. For the following reasons, Plaintiff Brian Sax's application against Convergence is granted in the amount of $912,630.68; Plaintiff Brian Sax's application against T. Hirou is granted in the amount of $665,327.00; and Plaintiff Elliot Sax's application against Convergence is granted in the amount of $50,000.00. Plaintiffs' applications are denied in all other respects. A court shall issue a right to att...
2020.01.23 Application for Right to Attach Order and Order for Writ of Attachment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.01.23
Excerpt: ...e probable 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). If an action is against a defendant who is natural person, an attachment may be issued only on a claim which arises out of the conduct by the def...
2020.01.16 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.01.16
Excerpt: ... motion is denied. Special Interrogatories Nos. 48 through 55 seek (i) the identities (defined as names, last known residence and employment addresses, and telephone numbers) of each resident of Defendant's skilled nursing facility during the approximately three weeks (see Brief at 4:14- 16) Plaintiff resided at the facility; (ii) the identities of each “responsible party” (defined in a lengthy definition set forth in the interrogatories, and...
2020.01.16 Motion for Sanctions
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.01.16
Excerpt: ...s notice of motion for sanctions pursuant to section 128.7. Alliance appears to concede that the notice of motion served on October 28, 2019 did not contain a hearing date, ostensibly because Alliance could not reserve a hearing date more than 24 hours in advance, but the statute requires a 21-day safe harbor period. See Salisian Supp. Decl. ¶¶ 13-16. Alliance does not address why this issue could not have been raised with the court or court st...
2020.01.16 Motion for Sanctions
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.01.16
Excerpt: ...th, that are frivolous or solely intended to cause unnecessary delay.” To warrant sanctions under section 128.7(b)(1), a paper presented to the court must be presented “primarily” for an improper purpose. Cal. Civ. Proc. Code, § 128.7(b)(1). Sanctions may be imposed pursuant to section 128.7(b)(2) if a paper contains a claim, defense, or other legal contention that is not warranted by existing law or by nonfrivolous argument for the extens...

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