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2019.1.31 Motion to Compel Answers 511
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.1.31
Excerpt: ...hstanding the fact that they are limited to vehicles of the same year, model and make as Plaintiff's, because they are not limited to repurchases or replacements, under the Song Beverly Consumer Warranty Act, for the same defects alleged by Plaintiff in paragraph 11 of her complaint. The motion is granted with respect to special interrogatories nos. 39 and 40. These interrogatories are narrowly drafted to elicit information regarding other vehicl...
2019.1.31 Motion for Summary Judgment, Adjudication 087
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.1.31
Excerpt: ...erial fact…” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4 th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) A defendant seeking summary judgment meets the burden of showing that a cause of action has no merit by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code...
2019.1.31 Motion for Reconsideration 826
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.1.31
Excerpt: ...ding that it can fairly be described as being made on new law in the form of Travelers Property Casualty Company of America v. Engel Insulation, Inc. (2018) 29 Cal. App. 5th 830 , rather than pre-existing case law. Code of Civil Procedure § 877 provides, in relevant part, that “Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or mo...
2019.1.31 Motion for Bifurcation 000
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.1.31
Excerpt: ...r, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case,. . . .” (Emphasis added.) The court may also sua sponte order bifurcation or severance of an issue at any time, including after the trial has commenced...
2019.1.31 Demurrer, Motion to Strike 726
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.1.31
Excerpt: ...onduct Plaintiff's first cause of action is one for willful misconduct as a species of negligence. Opposition, 13:3; Berkley v. Dowds (2007) 152 Cal.App.4th 518, 526. The pleading requirements for willful misconduct are similar to negligence but stricter. Berkley, 152 Cal.App.4th at 526. The elements of a negligence cause of action are: (a) a legal duty to use due care; (b) a breach of such legal duty; and (c) the breach as the proximate or legal...
2019.1.31 Motion to Augment Designation of Experts 627
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.1.31
Excerpt: ... or amend the earlier information, either by: • Adding subsequently retained experts to the expert witness list; or • Amending the expert witness declaration to expand the “general substance” of the testimony which any previously designated expert will give. [CCP § 2034.610; see Richaud v. Jennings(1993) 16 CA4th 81, 91—“supplemental designation” filed without leave of court held ineffective]. Here, Plaintiff seeks to substitute on...
2019.1.24 Motion to Strike 145
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.1.24
Excerpt: ...ons of the second amended complaint (“SAC”) of plaintiff Khadijeh Shariati is granted in part and denied in part. The motion is granted only as to item 5 (punitive damages) in the prayer of the SAC; it is otherwise denied. Civil Code § 3294 provides that punitive damages may be awarded in an action for breach of an obligation not arising from contract, if the plaintiff proves by clear and convincing evidence that the defendant has been guilt...
2019.1.24 Motion to Compel Production of Imaged Hard Drive 934
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.1.24
Excerpt: ...iff's supplemental brief, as well as Plaintiff's request to present oral testimony at the hearing from her expert pursuant to CRC, Rule 3.1306(b). The Court GRANTS Plaintiff's request and will allow oral testimony from Plaintiff's witness at the hearing. The Court will set the parameters of the testimony on the day of the hearing. The Court has not received any supplemental briefing from Defendants with respect to the issue of the discovery of th...
2019.1.24 Motion to Compel Answers, Responses 299
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.1.24
Excerpt: ... notice of ruling. The motion is denied as to nos. 4.1, 4.2, 12.1-12.3, and 12.7. Code of Civil Procedure section 2030.220 requires a party responding to interrogatories to answer in a manner as “complete and straightforward as the information reasonably available” permits. If the interrogatory cannot be answered completely, then it must be answered to the extent possible. Code Civ. Proc. § 2030.220(b). “If a timely motion to compel has be...
2019.1.24 Motion for Terminating Sanctions 685
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.1.24
Excerpt: ...atories, Document Demands, and Special Interrogatories, sets one, within 20 days. Plaintiff ignored the court's order. Further, after attempting for a year to take Plaintiff's deposition, on 12/6/18 Defendant obtained an order compelling the deposition. Plaintiff was ordered to appear on 1/14/19 for his deposition. He again ignored this court's order. Once a party is ordered by the court to provide responses to discovery, continued failure to res...
2019.1.24 Demurrer, Motion to Strike 754
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2019.1.24
Excerpt: ...second, fourth, and fifth causes of action. The demurrer is overruled as to the first, third, sixth, and seventh causes of action. Defendant Coastline Recovery Services, Inc.'s demurrer to Plaintiff's FAC is sustained in part and overruled in part. Coastline's demurrer is sustained with 15 days leave to amend as to the fourth and fifth causes of action. It is overruled as to the first, second, third, sixth, and seventh causes of action. Defendant...
2018.8.9 Demurrer
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2018.8.9
Excerpt: ...d violations of the Dodd-Frank Act, which applies only to residential mortgages; however, the exhibits attached to the FAC showed that the loan was a business loan. [See 4-19-18 minute order (ROA No. 87).] However, the SAC does not include any exhibits, and MPs have not properly requested judicial notice of any documents showing that the subject loan was not a residential mortgage. Moreover, even if the SAC included the same exhibits as the FAC, ...
2018.8.9 Motion to Strike
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2018.8.9
Excerpt: ...actions by the security guards to the entity defendants, including this moving party; fails to allege sufficient specific facts to support liability against an employer and/or entity; or to show what this moving party did, or did not do, so as to justify the imposition of punitive damages. Plaintiffs are granted 10 days leave to amend. Moving party to give notice. ...
2018.8.9 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2018.8.9
Excerpt: ...xh. B [Sonnek Depo., 37:3-17]), and thus, that plaintiff has standing to maintain his claims. “Where the legal title to property is vested in the trustee, it is unnecessary to state in the complaint the means by which plaintiff acquired it, and so far as concerns the defendant he is the real party in interest and may sue in his own name.” (McKoin v. Rosefelt (1944) 66 Cal.App.2d 757, 768; see O'Flaherty v. Belgum (2004) 115 Cal.App.4th 1044, ...
2018.8.9 Motion to Compel Further Responses, Production, to Strike Answer
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2018.8.9
Excerpt: ... from service of a notice of ruling by moving party. In addition, plaintiff NCMGI is awarded sanctions of $2,320.00, pursuant to C.C.P. § 2030.300(d), payable by defendant Cash Flow Investment Partners LLC within 30 days. The court notes that co-defendant Scott Kohn was not a party to this set of discovery and is not an attorney of record for defendant Cash Flow. 2) Plaintiff Natural Concepts Marketing Group Inc.'s motion to compel further RFPD ...
2018.8.2 Motion to Quash Subpoena 141
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2018.8.2
Excerpt: ...s remedy would be a motion for protective order per CCP 2025.420(a) If not moot, as to any documents that have not been produced by the respective custodians, plaintiff Tonya Cartwright's motion to quash is granted in part, pursuant to C.C.P. § 1987.1, as to modifying the scope of each of the subpoenas. The three subpoenas issued to health care providers of plaintiff Cartwright are protected by plaintiff's right of privacy except as to condition...
2018.8.2 Motion to Deem Facts Admitted 514
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2018.8.2
Excerpt: ... until well after the 45 day statutory limit. To the extent the email exchange between counsel that occurred on May 13, 14 constitutes a written stipulation to continue the 45 day statutory deadline, the extension was only through May 28, 2018. This motion was not filed until June 15, 2018. The court notes the notice of this motion contends the relief requested is pursuant to Code of Civil Procedure, § 2033.280. However, the substance of the mot...
2018.8.2 Motion to Compel Deposition 934
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2018.8.2
Excerpt: ...tiff has agreed to produce all photographs of the location of the incident and of plaintiff's injuries taken with and stored on her cell phone in their native format, and that good cause for the subject demand and production exists. (See Rutherford Decl. at ¶¶ 13, 16-17, Exhs. 2, 10 [McGlone Depo., pp. 89-100, 234, 253]; see also id. at ¶¶ 7, 8, 10-12, Exhs. 5, 6, 8, 9 [demonstrating sufficient meet and confer effort]; Code Civ. Proc., § 202...
2018.8.2 Motion for Summary Judgment, Adjudication 512
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2018.8.2
Excerpt: ... Declaration of Hiroshi Takahashi. 1-2 Overruled. Declaration of Arjun Sivakumar. 1. Sustained, lack of foundation. Defendants Optimum Power Conversion, Inc.'s and Slobodan Cuk's Motion For Summary Judgment and or Summary Adjudication of Issues is DENIED, on the grounds that Defendants failed to meet their initial evidentiary burden on three of the noticed issues, and on the grounds that triable Issues of material fact exist that preclude grant o...
2018.8.2 Motion for Discharge of Partition Referee 169
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2018.8.2
Excerpt: ...t on a motion for attorney fees allegedly filed by the plaintiff that the referee declares is pending for the same time as the hearing on this motion. (See Griswold Decl. at ¶¶ 9-11.) No such motion has been filed, however, and as such, nothing proves up or supports the request that certain encumbrances and/or costs and expenses be allocated solely and exclusively to the defendant. (See id. at ¶¶ 10-11.) This motion also requests approval of ...
2018.8.2 Motion for Bifurcation 814
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2018.8.2
Excerpt: ...cheduled for 1/28/19 or such date as is agreeable to defendants/cross-complainants. The decision to bifurcate is discretionary with the trial court. Per CCP 1048(b) the court is guided by principles of judicial economy and due process. The recent filing of the cross-complaint (as amended) has inhibited discovery and the right to bring dispositive motions amongst the parties to the cross-action. This alone might have justified a trial continuance,...
2018.8.2 Demurrer, Motion to Strike 834
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2018.8.2
Excerpt: ...st cause of action for breach of contract. As this court held in the previous demurrer, the breach of contract claim has properly been stated against the entity defendants. CRC Rule 3.1320 mandates the caption of the demurrer name the party filing the demurrer and the name of the party whose pleading is the subject of the demurrer. The notice of this demurrer states two entity defendants, as well as five individual defendants are bringing the dem...

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