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2023.11.13 Motion for Attorney Fees 366
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.11.13
Excerpt: ...on appeal, including attorney's fees is governed by Rules of Court, rule 8.278. "Except as provided in this rule or by statute, the party prevailing in the Court of Appeal in a civil case other than a juvenile case is entitled to costs on appeal." (Rules of Court, rule 8.278(a)(1).) "The prevailing party is the respondent if the Court of Appeal affirms the judgment without modification or dismisses the appeal." (ld., rule 8.278(a)(2).) "Unless th...
2023.11.13 Motion for Assignment Order, to Compel Production 036
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.11.13
Excerpt: ...thin 30 days of notice of this Order. Debtor is also ordered to provide all responsive documents within the same timeframe. Debtor Gabriel is also ordered to pay Creditor's Counsel $791 in attornevs fees as a discovery sanction. Legal Standard A judgment creditor may conduct discovery directly against the judgment debtor by means of a judgment debtor examination (S 708.110), written interrogatories (S 708.020), and requests for production of docu...
2023.11.02 Petition to Confirm Arbitration Award 541
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.11.02
Excerpt: ...d. [CCP S 1286; 9 USC S 9; see Loeb v. Record (2008) 162 CA4th 431, 450 (citing text.)] Unless a petition to correct or vacate the award has been timely filed, the court must render a judgment confirming the arbitrator's award. [See CCP S 1286—"the court shall confirm the award as made see also Valsan Partners Ltd. Partnership v. Calcor Space Facility, Inc. (1994) 25 CA4th 809, 818—no authority to alter terms of award absent petition to corre...
2023.11.02 Motion to Claim Surplus Funds, Deposit Surplus Funds 592
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.11.02
Excerpt: ...ies submitted additional briefing. (ROA No. 86 and 94.) This is a special proceeding under CC 2924j et seq. " 'An action is an ordinary prueeding in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a right, the redress or prevention of a wrong, orthe punishment ofa public offense.' (Code Civ. Prtw, S 22.) [q] A 'special proceeding' is '[e]very other remedy. (Code Civ.Proc., S 23.)" (Agric...
2023.10.26 Motion to Vacate 759
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.10.26
Excerpt: .../22 CMC. (ROA 57). The Court ruled in relevant part: "The Court orders plaintiffs counsel into court. Failure to comply may necessitate the implementations of sanctions or dismissal of the case." (ROA 57). The Clerk served notice of the Order on 3/30/22 to the same address listed on the Substitution of Counsel form. (ROA 58). Plaintiff's Counsel again failed to appear at the 4/25/22 CMC. (ROA 61). The Court ruled in relevant part: "The Court orde...
2023.10.26 Motion to Set Aside or Vacate Dismissal 494
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.10.26
Excerpt: ...aid in settlement is an unlawful penalty. See Graylee v. Castro (2020) 52 Cal.App.5th 1107, 1118; Vitatech Internat., Inc. v. Sporn (2017) 15 Cal.App.5th 796; Creditors Adjustment Bureau, Inc. v. Imani (2022) 82 cal.App.5th 131, 135—136; and Gormley v. Gonzalez (2022) 84 cal.App.5th 72, 82, 89. Otherwise, the motion meets the requirements of Code Civ. Proc. S 664.6. Code Civ. Proc. S 664.6 provides: "If parties to pending litigation stipulate, ...
2023.10.19 Petition to Confirm Arbitration Award 459
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.10.19
Excerpt: ... an award must be served and filed at least 10 days, and no later than four years, after service of the award on the petitioner. (CCP SS 1288, 1288.4) Here, the final arbitration hearing took place on 5/23/23 before (Ret.) Judge Chaffee. He then issued the Award on 6/9/23 in the amount of $6,070.673.71 against Respondent. The Award was served on 6/9/23 by email and certified mail. The Petition to Confirm was timely filed on 6/22/23 after 10 days ...
2023.10.19 Motion to Set Aside or Vacate Arbitration Award 344
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.10.19
Excerpt: ..., a joint venture comprising of Moffatt & Nichol, H.W. Lochner, lnc„ and Arup North America, LTD As an initial matter, the Court notes Petitioner did not file a prtnf of service showing the petition and notice of hearing were properly served on Respondent served and filed a timely opposition, without objecting to service. In addition, the proofs of service for the notice of hearing and the reply did not include the server's email address and th...
2023.10.19 Motion to Confirm Arbitration Award 377
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.10.19
Excerpt: ...opposed the petition without objecting to service. In addition, Petitioner's reply brief is 12 pages long. (Cal. Rules of Ct., Rule 3.1113(d).) The Court exercises its discretion and declines to consider the last two pages of Petitioner's reply. Petitioner named all respondents, attached a copy of the arbitration agreement, stated the name of the arbitrator, and included a copy of the award. (Code Civ. Proc., SS 1285 and 1285.4; Petition, Section...
2023.10.19 Motion to Compel Arbitration 820
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.10.19
Excerpt: ...ision (a), the Court finds that service was sufficient, as: (1) The Petition was personally served on Respondent. (913 of Madrid Declaration and Exhibit 5 thereto [ROA No. 211); (2) has not objected to service. (915 of Madrid Declaration [ROA No. 21]); and (3) Respondent has appeared in this action. (See ROA No. 12 and Fireman's Fund Ins. Co. v. Sparks Construction, Inc. (2004) 114 Cal.App.4th 1135, 1145.) Further, while "[a] demand for arbitrati...
2023.10.05 Motion for Summary Judgment, Adjudication 980
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.10.05
Excerpt: ... 2.) The party in interest, James Manry ("Claimant"), filed a Claim Opposing Forfeiture on October 8, 2021, (ROA 9), but has not opposed this motion. The Court notes that Claimant has waived any right to a jury trial. (Code Civ. Proc., S 631, subd. (b); People v. $17,522.08 united states currency (2006) 142 cal.App.4th 1076, 1079-1083.) Further, Claimant has not opposed proceeding by a moton for summary judgment, based on the admissions deemed ad...
2023.10.05 Motion for Entry of Judgment 563
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.10.05
Excerpt: ...urt, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement." (Code Civ. Proc., 5564.6, subd. (a).) This provision "provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement." (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.) Here, the parties entered into a "Settlement Agreement and General Release" in May ...
2023.09.28 Motion to Compel Further Responses 074
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.09.28
Excerpt: ... is ordered to provide initial responses without objections to Requests for Production of Documents, Set One, and provide all responsive documents within 30 days of notice of this Order. Legal Standard Health & Safety Code, SS 114769 to 11495 set forth a detailed procedure for the seizure and forfeiture of specified property traceable to unlawful drug transactons. Forfeiture proceedings involving property seized in connection with criminal offens...
2023.09.28 Motion for Preliminary Injunction 840
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.09.28
Excerpt: ..., trespassing onto, or interfering with the Receiver's possession, clean out work and remediation of the Property, is granted. Relevant Facts This action was initiated on September 13, 2022, by Petitioner the City of Westminster against Respondents Dianna E. Webb, Bank of America, N.A„ Kin'Ole Hawaii Kai Solar and Sunrun, Inc. The Petition seeks the appointment of a Receiver, for the purpose of abating substandard building conditions located at...
2023.09.15 Motion for Entry of Judgment 573
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.09.15
Excerpt: ...e terms of the settlement." (Code Civ. Proc. S 664.6, subd. (a).) Here, Plaintiff proffers evidence it entered into a settlement agreement with Defendants Charles R. Brewer and Cavalier Ventures, Inc., as reflected in a written Stipulation For Entry of Judgment (the "Stipulation"). (ROA 216 [Berke Decl. at 2, Exh. A1.) The Court retains jurisdiction to enforce the terms of the settlement in the Stipulation. (ROA 172.) Among other terms, the Stipu...
2023.08.31 Motion to Designate Case as Complex Litigation 074
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.08.31
Excerpt: ...edite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel.” (Cal. Rules of Court, rule 3.400(a).) Relevant herein, among the factors to be considere d i n d e c i d i n g w h e t h e r a n a c t i o n i s c o m p l e x , is whether an action is likely to involve “[n]umerous pretrial motions raising difficult or novel legal issues that will be time-consuming to resolve” and “[m]anag...
2023.08.31 Motion for Attorney Fees 427
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.08.31
Excerpt: ... on appeal must be claimed and contested pursuant to Judicial Council rules]. As a general rule, the party “prevailing” on appeal is entitled to recover costs on appeal. [CRC 8.278(a)(1)]. Here, the Court of Appeal held that Defendant was the prevailing party: “Respondent is to recover its costs on appeal.” (ROA 446). The actual assessment and recovery of costs occurs in the trial court, in accordance with the procedure prescribed by CRC ...
2023.08.24 Petition to Confirm Arbitration Award 514
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.08.24
Excerpt: ...ortium claims. The court notes that in the prior Motion heard on 7/27/23, Respondents represented that they intended to seek a transfer of this action to a different venue. (ROA 8, fn. 1). No motion to transfer venue has been filed. However, venue rules are not jurisdictional. This means that if the action is filed in an “improper” court, and no objection is raised, that court can render an enforceable judgment. (Barquis v. Merchants Collecti...
2023.08.24 Motion to Enforce Court Order 940
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.08.24
Excerpt: ...d her counsel, Daniel Park. “Disobedience of any lawful judgment, order, or process of the court” is contempt of the authority of the court. (Code Civ. Proc., § 1209, subd. (a)(5).) “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience.” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) “A contempt p...
2023.08.03 Motion to Compel Answers, to Deem Facts Admitted 081
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.08.03
Excerpt: ...errogatories [ROA #37]; 3. to compel verified responses without objections to Requests for Production of Documents (“RFPs”) [ROA #38]; and 4. to deem admitted the RFAs served on Respondent and ordering her to pay sanctions of $572. [ROA #39.] As to motion no. 1, Petitioner's counsel should be prepared at the hearing to confirm whether or not responses to the Form Interrogatories were, in fact, previously served. Motion no. 2 is denied. Motion...
2023.07.27 Motion for Entry of Judgment 908
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.07.27
Excerpt: ...rd Services, N.A. sued Defendant James T. Hoang for account stated/ money lent. (ROA 1) Defendant never appeared in this case. But shortly after being served, the parties settled this matter. On 4/11/12, Plaintiff filed a Notice of Settlement. (ROA 9) On 3/27/13, Plaintiff filed a Notice of Dismissal, which included the following language: “However, court retains jurisdiction over the parties to enforce the settlement until performance in full ...
2023.07.27 Motion for Costs, to Tax Costs 355
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.07.27
Excerpt: ...442, 452.] Defendant Judgment Creditor, The Regents of the University of California's motion for order awarding post-judgment costs is denied as untimely. The court did not consider Judgment Debtor's unauthorized and untimely supplemental filing. General Law for Recovery of Post-Judgment Enforcement Fees A judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Civ. Proc. Code § 685.040. Attorney's fees incur...
2023.07.27 Motion for Charging Order 844
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.07.27
Excerpt: ...eks an order charging Judgment Debtor's membership interest in Keystone Industries LBC, LLC with payment of the unpaid balance of the outstanding Judgment entered on 12/9/20, which amounts to $439,928.70. As evidence to support the motion, Judgment Creditor attaches the Judgment, and states that $7,301.59 has been paid on the judgment, and the current balance with interest is $439,928.70 as of 4/8/23. (Miller Decl., ¶¶ 2, 4, Ex. A.) Counsel dec...
2023.07.14 Motion for Attorney Fees, for Receiver Final Accounting 272
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.07.14
Excerpt: ...due 10 calendar days before the hearing. Plaintiff George Ferguson's motion for attorneys' fees is granted in the amount of $72,586.40. In a partition action, “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” (Code Civ. Proc., § 874.040.) The costs of partition include, among other items, the “[r]easonable attorney's fees incurred or p...
2023.07.06 Petition for Correction and Confirmation of Arbitration Award 175
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.07.06
Excerpt: ... “Respondents” or “LITALIEN”) to include additional sums for Petitioners as follows: (1) Expert costs of $81,988.80; (2) Arbitration fees of $63,471.95; and (3) Attorney fees incurred in defense of the LITALIEN's claims of $100,000 (based on 500 attorney hours at a reduced billing rate of $200/hour). Petitioners also seek an order confirming the Amended Final Award (which grants BBC the sum of $162,712.39[1]) “as corrected” which woul...

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