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

1259 Results

Clear Search Parameters x
Location: Orange County x
Judge: Schwarm, Walter 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 = 361)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 50,50
Array
(
)
2023.11.07 Motion to Compel Arbitration 794
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.11.07
Excerpt: ...roversy, the court shall order the petitioner and the to arbitrate the controversy it determines that an agreement to arbitrate the controversy exists, unless it determines that: [q] (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the rescission of the agreement." Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1219 (Toal), provides, "In Rosenthal v. Great western Fin. securities corp. (1996) 14 cal.4th...
2023.10.31 Motion to Strike 884
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.31
Excerpt: ...ll or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." Code of Civil Procedure section 435, subdivision (b)(l), states, "Any party, within the time allowed to respond to a pleading may serve and file, a notice of moton to strike the whole or any part thereof, but this tme limitation shall not apply to motions specified in subdivision (e)." Pierson v. Sharp Memorial Hos...
2023.10.31 Motion for Protective Order 933
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.31
Excerpt: ...21-23 under ROA No. 449, is GRANTED. Code of Civil Procedure section 2025.420 states in part, " . "(b) The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: . " . . . The 2...
2023.10.31 Demurrers, Motions to Compel Initial Responses 376
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.31
Excerpt: ...f any new matter constituting a defense." Code of Civil Procedure section 430.20, provides, "A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this 'uncertain' includes ambiguous and unintelligible. [q] (c) Where the answer pl...
2023.10.31 Special Motion to Strike 433
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.31
Excerpt: ... Defendants—Brenna Johnson's, Johnson Employment Law's, Virginia Ksadzhikyan's, and 8/8 Law Group's Special Motion to Strike Portions of Plaintiffs Complaint filed on 11-9-22 under ROA No. 53. (8-25-23 Minute Order.) Based on the Notice of Appeal, the court STAYS this action pursuant to Code of Civil Procedure section 916. Code of Civil Procedure section 916 states, "(a) Except as provided in Sections 917.1 to 917.9, inclusive, and in Secton 11...
2023.10.24 Motions to Confirm Dismissal, for Judgment on the Pleadings, to Compel Responses, for Monetary Sanctions, Demurrer 131
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.24
Excerpt: ...Civil Procedure section 581, subdivision (f), states, "The court may dismiss the complaint as to that defendant when: [q] (1) Except where Section 597 applies, after a demurrer to the complaint is sustained without leave to amend and either party moves for dismissal. (2) Except where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and eit...
2023.10.24 Motions to Compel Responses 346
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.24
Excerpt: ...e demand may move for an order compelling response to the demand." Moghaddam v. Bone (2006) 142 Cal.App.4th 283, 288 (Moghaddam), states, " 'Section 1013, subdivision (a), provides that the mailing of a notice is complete when it is in an envelope "addressed to the person on whom it is to served, at his office address as last given by him on any document which he has filed in the cause and served on the party making service by mail; otherwise at ...
2023.10.24 Motion to Compel Production of Docs 254
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.24
Excerpt: ... Procedure secton 2031.310 states in part, "(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may mcwe for an order compelling further response to the demand if the demanding party deems that any of the following apply: ['ll (1) A statement of compliance with the demand is incomplete. [q] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [9] (3) An objectio...
2023.10.24 Motion for Preliminary Injunction 821
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.24
Excerpt: ...nd nonissuance of the injunction. [Citations.]" (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 441-442; footnote 7 omitted.) "A trial court deciding whether to issue a preliminary injunction weighs two interrelated factors— the likelihood the moving party will prevail on the merits at trial and the relative balance of the interim harms that are likely to result from the granting or denial of preliminary injunctive relief. [Citation...
2023.10.24 Motion for Change of Venue 592
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.24
Excerpt: ... the proper court... Code of Civil Procedure section 395, subdivision (a) states in part, "Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the achon. Ifthe action is for injury to person or personal property or for...
2023.10.24 Demurrer, Motion to Strike TAP 443
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.24
Excerpt: ...ppears that Petitioner has attempted to file a Request for Judicial Notce on 8-22-23 under ROA No. 306. The document filed contains exhibits and does not comply with California Rules of Court, rule 3.1306(c). To the extent the ROA No. 305 is a request for judicial notice, the court GRANTS the request as to the existence of Exhibits 1 and 6. (Sosinsky v. Grant (1992) 5 Cal.App.4th 1548, 1564- 1570.) The court DENIES the Request for Judicial Notice...
2023.10.17 Motion for Summary Adjudication 344
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.17
Excerpt: ...). The court OVERRULES the remaining objections. Plaintiff's Request for Judicial Notice filed on 2-7-23 under ROA No. 137: The court DENIES Plaintiff's Request for Judicial Notice as to Exhibit Nos. 1, 2, 3, and 5 as immaterial to the court's ruling as set forth below. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) The court GRANTS Plaintiff's Request for Judicial Notice as to Exhibi...
2023.10.17 Demurrer to FAC 111
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.17
Excerpt: ...e Code section 452, (c) and (h). (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264 (disapproved on other grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4th 919, 939, footnote 13.) the court DENIES the RJN as to Exhibit 3 as immaterial to the court's decision. Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18 (Silverado.).) "A demurrer tests the pleadi...
2023.10.17 Demurrer to SACC 478
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.17
Excerpt: ...& Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) "A demurrer tests the pleading alone, and not the evidence or the facts alleged.... To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.)" (City of Atascadero v. Merrill Lynch, Pi...
2023.10.17 Demurrers, Motion to Strike 119
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.17
Excerpt: ...essly alleged in the complaint. [Citations.)" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4th ...
2023.10.17 Motions to Compel Further Responses, for Monetary Sanctions 132
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.17
Excerpt: ...q] (1) An answer to a particular interrogatory is evasive or incomplete. [9] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [91 (3) An objection to an interrogatory is without merit or too general. A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040.... [Y] (c) Unless notce of this motio...
2023.10.17 Motion to Compel Arbitration and Stay Proceedings 532
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.17
Excerpt: ...l), our Supreme Court set forth the procedure to be followed when a petitioner seeks to compel arbitration: '[Wlhen a petition to com#l arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, any defense to its enforcement is raised, whether is enforceable. Because the existence of the agreement is a statutory prerequisite t...
2023.10.17 Motion to Compel Further Deposition Testimony, Production of Docs 420
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.17
Excerpt: ...specified in the deposition notice or a deposition the party seeking discovery may move the court for an order compelling that answer or production. [9] (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2015.040... ." "The right of privacy is an ' "inalienable right" ' secured by article l, section 1 of the California Co...
2023.10.17 Motion to Compel Initial Discovery, for Monetary Sanctions 842
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.17
Excerpt: ...[q] (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories." On 1-13-23, Defendant served Plaintiff (Gavino Benitez) with "Form Interrogatories—General Set No. 1." (Ateshfaraz Decl., '1 3 and Exhibit 1.) Plaintiff did not timely respnd to this discovery request. (Ateshfaraz Decl., 5.) The declaration from Plaintiff's attorney states, "Despite the foregoing, all propunded discovery was resp...
2023.10.17 Motion to Compel Physical Exam 034
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.17
Excerpt: ...nder the legal control of a party, in any action in which the mental or physical condition (including the blood group) of that party or other person is in controversy in the action." Code of Civil Prmædure section 2032.310, states, in part, "(a) If any person desires to obtain discovery ... by a mental examination, the party shall obtain leave of court. [q] (b) A motion for examination under subdivision (a) shall specify the time, place, manner,...
2023.10.17 Motion to Strike Punitive Damages 096
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.17
Excerpt: ..."Request for Punitive Damages." (Request for Dismissal filed on 4-28-23 under ROA No. 14.) Further, the court notes that Defendants filed an answer to the Complaint on 6-5-23 under ROA No. 33 while this Motion was pending. The filing of the answer by Defendants indicates that the allegations in Plaintiff's Complaint, filed on 12-2-22 under ROA No. 2, were no longer at issue. Thus, it appears that the Moton is MOOT. Assuming that the Motion is not...
2023.10.10 Demurrer, Motion to Strike 959
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.10
Excerpt: ...se facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire...
2023.10.10 Motion for Attorney Fees 772
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.10
Excerpt: ...of judgment in the trial court--must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case or under rules 8.822 and 8.823 in a limited civil case.... (d) Extensions [q] For good cause, the trial judge may extend the tme for filing a moton for attorney's fees in the absence of a stipulation or for a longer period than allowed by stipulation... ." (Emphasis and italics in Cal. Rules...
2023.10.10 Motion for Reconsideration, to Compel Further Responses 850
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.10
Excerpt: ...an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or re...
2023.10.10 Motion for Summary Judgment, Adjudication 956
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.10
Excerpt: ...on (h). (Fontenotv. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264 (disapproved on other grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 cal.4th 919, 939, footnote 13.) The court DECLINES TO RULE on Moving Parties' Evidentiary Objections, filed on 10-4-23 under ROA No. 155, as immaterial to the court's decision as set forth below. Civ. Proc., S 437c, subd. (q).) Code of Civ-l Procedure section 437c, subdivision (p)(l), st...
2023.10.10 Motion to Compel Further Responses 056
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.10
Excerpt: ...ive or incomplete. [q] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [91 (3) An objection to an interrogatory is without merit or too general. (b)(l) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Secton 2015.040.... [Y] (c) Unless notice of this motion is given within 45 days of the service of the...
2023.10.10 Motion to Seal 145
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.10
Excerpt: ...as a basis for adjudication. [Citation.] Substantive courtroom proceedings in ordinary civil cases, and the transcripts and records pertaining to these proceedings, are " 'presumptively open.' " [Citation.)' [Citation.)" California Rules of Court, rule 2.551, states, "(a) A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the partie...
2023.10.10 Motion to Set Aside Entry of Default 458
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.10.10
Excerpt: ...or this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. However, in the case of a judgment, dismissal, order, or other proceeding determining the ownership or right to possession of real or personal property, w...
2023.09.26 Motions to Quash Subpoenas, for Protective Order 540
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.26
Excerpt: ...(Ashley Raminfard) Motion to Quash Subpoenas Seeking Plaintiff's Employment Records, or, in the Alternative, for a Protective Order (Motion), filed on 4-14-23 under ROA No. 173, is GRANTED in part and DENIED in part. Code of Civil Procedure section 1987.1 states, in part, "(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial...
2023.09.26 Motion to Tax Costs 196
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.26
Excerpt: ...against those plaintiffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the 'prevailing party' shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034." Co...
2023.09.26 Motion to Quash or Modify Deposition Subpoena 712
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.26
Excerpt: ...s, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditio...
2023.09.26 Motion to Compel Arbitration and Stay Proceedings 138
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.26
Excerpt: ...r and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [q] (a) The right to compel arbitration has been waived by the petitioner; or [9] (b) Grounds exist for rescission of the agreement... ." Toal v. Tardif (2CG) 178 Cal.App.4th 1208, 1219, provides, "In Rosenthal v. Great Western Fin. Securities corp. (1996) 14 cal.4th 394, 58 cal.Rptr.2d 875, 926 P.2d...
2023.09.26 Motion for Summary Judgment, Adjudication 534
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.26
Excerpt: ...ctions to the Declaration of Marilyn Weger filed on 9-14-23 under ROA No. 303: The court OVERRULES all of the objections. Code of Civil Procedure section 437c, subdivision (p)(2) provides, "A defendant ... has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to tha...
2023.09.26 Demurrers 084
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.26
Excerpt: ... also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 58 Cal.App.4th 445, 459.) Code of Civ-l Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. G...
2023.09.19 Motion for Reconsideration 103
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.19
Excerpt: ...erms, any party affected by the order may, within 10 days after service upon the party of written notce of entry of the order and based upon new or different facts, circumstances, or law make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order ...
2023.09.19 Motion for Relief from Defaults, to Compel Responses 061
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.19
Excerpt: ...is or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. However, in the case of a judgment, dismissal, order, or other proceeding de...
2023.09.19 Motion to Compel Production of Docs 334
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.19
Excerpt: ...n 1987 states in part, " . (b) In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an achon or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of a...
2023.09.19 Motion to Set Aside Default, Judgment 796
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.19
Excerpt: ...r her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken... Ro Burns Constructions Co., Inc. v. Moore (2010) 184 Cal.App.4th 1406, 1413 (d...
2023.09.19 Motions to Quash Subpoenas 540
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.19
Excerpt: ...rein, or at the taking of a deposition, the court, upon moton reasonably made by any person described in subdivision (b), or upon the court's own moton after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may...
2023.09.19 Special Motion to Strike 409
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.19
Excerpt: ...de of Civil Procedure section 425.16, subdivision (b), states, in part, "(1) A cause of acton against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probabilit...
2023.09.12 Motion to Quash Service of Summons 529
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.12
Excerpt: ...or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of moton for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. [q] (2) To stay or dismiss the action on the ground of inconvenient forum. [q] (3) To dismiss the action pursuant to the applicable provisions of Chapt...
2023.09.12 Motion to Compel Responses 335
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.12
Excerpt: ...lete. [4] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [q] (3) An objection to an interrogatory is without merit or too general. (b)(l) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040.... [q] (c) Unless notice of this motion is given within 45 days of the service of the verified re...
2023.09.12 Motion to Compel Responses 061
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.12
Excerpt: ...an order compelling response to the interrogatories." Cuie of Civil Procedure section 2031.3[n states in part, "If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: ... [9] (b) The party making the demand may mcwe for an order compelling response to the demand." The Moton seeks to compel responses to the followng discovery requests: (1) Form ...
2023.09.12 Motion for Judgment on the Pleadings, to be Relieved as Counsel 817
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.12
Excerpt: ...he complaint does not state facts sufficient to constitute a cause of action against that defendant." Eckler v. Neutragena Corporation (2015) 238 Cal.App.4th 433, 439 (Eckler), states, " 'A motion for judgment on the pleadings serves the function of a demurrer, challenging only defects on the face of the complaint.' [Citation.] As with a demurrer, '[t]he grounds for a motion for judgment on the pleadings must appear on the face of the complaint o...
2023.09.12 Demurrer, Motion to Strike 850
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.12
Excerpt: ...hose expressly alleged in the complaint. [Citations.)" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Transportation Transit District (2012) 209 Cal...
2023.09.05 Special Motion to Strike 084
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.05
Excerpt: ...ilverado.).) The court DECLINES TO RULE on cross- Defendants' Evidentiary Objections (filed on 8-28-23 under ROA Nos. 207, 208, and 209) because they are immaterial to the court's decision as set forth below. Cross-complainants' (Chade M. Joher and Hussam H. Joher) Request for Judicial Notice, filed on 8-15-23 under ROA No. 191, is DENIED as immaterial to the court's ruling as set forth below. (Silverado Modjeska Recreation & Parks District v. Co...
2023.09.05 OSC Re Contempt, for Attorney Fees 590
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.05
Excerpt: ...are characterized as 'quasi-criminal,' with the judgments of conviction governed by rules applicable to criminal cases. [Citations.] For purposes of federal due process rights, however, contempt proceedings are either civil or criminal, depending on the nature of the proceedings and the relief afforded. [Citation.] If the punishment is remedial, and for the benefit of the complainant, it is civil. [Citation.] The basic idea of civil contempt has ...
2023.09.05 Motions for Protective Order, to Quash Deposition Subpoenas 005
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.05
Excerpt: ... required to be physically present with the deposition officer when being sworn in at the time of the deposition. [9] (b) Subject to Section 2025.420, any party or attorney of record may, but is not required to, be physically present at the deposition at the location of the deponent. If a party or attorney of record elects to be physically present at the location of the deponent, all physically present participants in the deposition shall comply ...
2023.09.05 Motions for Attorney Fees, Costs 878
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.05
Excerpt: ...ounty of orange (2011) 197 cal.App.4th 282, 307, fn. 18 (Silverado.) The court OVERRULES the objection as to Exhibit N. The court SUSTAINS the following objections as set forth in Evidentary Objections: (1) Hand Decl., 7 and 18,; (2) Hand supp. Decl„ 10, 11, 12, 16, 17, 26, 30, 34, and (3) Fink Supp. Decl., 5, 8, 9, 10, 12, 13, 15, 17, 19, and 20 (except for the reference in 20 as to the need for expert testimony). The court OVERRULES the remai...
2023.09.05 Motions for Attney Fees, for Costs 431
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.05
Excerpt: ...espondents' (Ed Sachs, Wendy Bucknam, Greg Raths, and City of Mission Viejo) Evidentiary Objections filed on 7-12-23 under ROA No. 432: The court DECLINES TO RULE on the objections asto Exhibits 8, C, D, E, F, G, H, l, J, K, L, M, N, O, and P as immaterial to the court's decision as set forth below under Silverado. The court SUSTAINS the following objections as set forth in Respondents' Evidentary Objections: (1) Hand Decl„ 14, 15, 16, 36, 37, ...

1259 Results

Per page

Pages