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2023.09.05 Motion to Quash Service of Summons 713
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.05
Excerpt: ...y further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: [q] (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. [91 (3) To dismiss the action pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8." "Per...
2023.09.05 Demurrer, Motion to Strike FAC 111
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.05
Excerpt: ...bit 4 pursuant to Evidence Code section 452, subdivisions (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 (Silv...
2023.09.05 Motion to Compel Responses 061
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.05
Excerpt: ...the following apply: [9] (1) An answer to a particular request is evasive or incomplete. [q] (2) An objection to a particular request is without merit or too general. [9] (b)(l) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Secton 2015.040... . [q] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific lat...
2023.09.05 Motion for Attorney Fees 772
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.05
Excerpt: ...way of email on 12-1-22. (ROA No. 554.) Plaintiff filed this Motion on 2-1-23 which is 62 days after the Notice of Entry of Judgment or Order. Plaintiff's Reply (Reply), filed on 5-25-23 under ROA No. 578, states, "Code of Civil Procedure adds additional two court days to the deadline in the event service is effectuated electronically, as it was here." (Reply; 3:18-20 (Emphasis in Reply.).) California Rules of Court, rule 3.1702(b)(1), state,: "A...
2023.09.05 Motion for Summary Judgment 978
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.09.05
Excerpt: ...(q).) The court DECLINES TO RULE on Defendants' Evidentiary Objections (filed on 8-28-23 under ROA No. 427, 428, and 429) as immaterial to the court's decision as set forth below. (Code Civ. Proc., S 437c, subd. (q).) 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, e...
2023.08.30 Motion for Summary Adjudication 095
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.30
Excerpt: ...- complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The def...
2023.08.29 Motion to Quash Subpoena, to Compel Responses 061
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.29
Excerpt: ...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 conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to pr...
2023.08.29 Motion to Compel Arbitration 500
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.29
Excerpt: ...a petitioner seeks to compel arbitration: ‘[W]hen a petition to compel 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, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden ...
2023.08.29 Motion for Summary Adjudication 005
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.29
Excerpt: ...iled on 8-24-23 under ROA No. 141) as immaterial to the court's decision as set forth below. (Code Civ. Proc., § 437c, subd. (q).) 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 ...
2023.08.29 Motion for Reconsideration of Order Granting Protective Order 012
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.29
Excerpt: ...ed, 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 revoke the prior order. The party making the application shall state by affidavit what application was made befo...
2023.08.29 Motion for Leave to Amend Answer 111
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.29
Excerpt: ...imited by this code. Code of Civil Procedure section 576 states, “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” Royal Thrift & Loan Co. v. County Escrow, Inc. (2004) 123 Cal.App.4th 24, 41-42 (Royal) , states, “ ‘[Code of Civil Procedure] section 437 permits the trial court in its disc...
2023.08.22 Motion for Attorney Fees 512
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.22
Excerpt: ...s and attorney's fees to a prevailing plaintiff in litigation filed pursuant to this section. Reasonable attorney's fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff's prosecution of the action was not in good faith.” The court notes that Civil Code section 1780, subdivision (e), allows Plaintiff to seek attorneys' fees and costs. (Motion; 7:17- 18 and Opposition; 10:25-28.) The parties do not appear t...
2023.08.22 Motion for Costs for Proof 151
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.22
Excerpt: ...as to Exhibit 4 pursuant to Evid. Code, § 452, subd. (d). The court GRANTS the RJN as to Exhibit 3 pursuant to Evidence Code section 452, subdivision (d), to the extent it requests the court to take judicial notice of its ruling on 10-4-22. The court DENIES the RJN as to Exhibit 1. Code of Civil Procedure section 2033.420, subdivision (a), states, “If a party fails to admit the genuineness of any document or the truth of any matter when reques...
2023.08.22 Motion for Summary Judgment, Adjudication 397
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.22
Excerpt: ...de 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 that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a...
2023.08.22 Motion to Set Aside Dismissal of Action, Enforce Settlement Agreement, Enter Stipulated Judgment upon Default 597
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.22
Excerpt: ...the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. [¶] (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: [¶] (1) The party. [¶] (2) An attorney who represents the part...
2023.08.22 Motion for Judgment on the Verified Petition for Writ of Mandate and Complaint 297
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.22
Excerpt: ...fied Petition alleges the following causes of action: (1) Writ of Mandate for Violation of Government Code sections 6250 et seq.; (2) Declaratory Relief; and (3) Injunctive Relief. (Petition.) Respondents (Todd Spitzer and County of Orange) filed their Answer to the Petition on 1-3-23 under ROA No. 21. The Petition pertains to five requests pursuant to the California Public Records Act (CPRA). (Petition; ¶ 3.) The Petition alleges the five reque...
2023.08.15 Motion to Compel Further Responses 274
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.15
Excerpt: ...inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: C'] (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general. [Tl] (b) A motion under subdivision (a) shall c...
2023.08.08 Motions to Compel Further Responses 845
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.08
Excerpt: ...onal Payments Systems, LLC, Sabin Burrell, and John Hynes). (Motion 1:3-11.) On 3-28-23, the court ordered the parties to meet and confer in an attempt to reach agreement on the Motion and to file a Joint Statement regarding any remaining discovery dispute. (3-28-23 Minute Order.) On 6-29-23 under ROA No. 286, the parties filed a Joint Status Report (Report.) According to the Report, the parties have resolved their dispute as to SI Nos. 21, 22, a...
2023.08.08 Motion to Set Aside Default, Judgment 790
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.08
Excerpt: ...court and is not entitled to take any further steps in the cause affecting plaintiff's right of action; he cannot thereafter, until such default is set aside in a proper proceeding, file pleadings or move for a new trial or demand notice of subsequent proceedings.' [Citation.]” (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385–386 (Devlin).) Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1301 (Sporn), st...
2023.08.08 Motion to Quash Service of Summons and Complaint 906
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.08
Excerpt: ...bdivision (d). Code of Civil Procedure section 418.10 subdivision (a) states in pertinent part: “(a) A defendant, on 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 motion 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.” Code of Civil Procedure...
2023.08.08 Motion for Attorney Fees 772
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.08
Excerpt: ... contends that it is entitled to attorney's fees from Femtometrix. . . . This claim is without merit. As stated above, the Court found its Final Statement of Decision that the rescission voided the assignment to Ascentium. . . . None of the cases cited by Ascentium involve an assignment, let alone an assignment was [sic] voided by the rescission of the underlying contract.” (Opposition; 4:1-5.) The Opposition further states, “Moreover, in add...
2023.08.08 Demurrer, Motion to Strike, to Compel Further Responses 850
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.08
Excerpt: ...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.” P e r e z v . G o l d e n E m p i r e...
2023.08.08 Demurrer 326
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.08
Excerpt: ...division (h). “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, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459....
2023.08.01 Demurrer, Motion to Strike 922
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.01
Excerpt: ...d 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.” P e r e z v . G o l d e n E m p i r e T r a...
2023.08.01 Application for Right to Attach Order, TPO, Issuance of Writ of Attachment 370
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.01
Excerpt: ...dure section 481.010 et seq. Generally, an order of attachment may be issued only in an action for a claim of money that is based upon an express or implied contract where the total amount of such claim is a fixed or ‘readily ascertainable' amount not less than $500. (§ 483.010, subd. (a).) [¶] Before an attachment order is issued, the court must find all of the following: (1) the claim upon which the attachment is based is one upon which an ...
2023.08.01 Demurrer, Motion to Strike 372
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.01
Excerpt: ...Orange (2011) 197 Cal.App.4th 282, 307, fn. 18 (Silverado.) “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, Pierce, Fenner...
2023.08.01 Motion to Quash Service of Summons 372
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.01
Excerpt: ...Motion also states, “Here, Specially Appearing Defendants have alleged that Defendants were not personally served at any time of the purported service after which the burden then shifts to Plaintiff to show that the purported service of the summons and complaint on Specially Appearing Defendants is valid.” (Motion; 6:4-8.) Plaintiff's (Tonia Gadson) Opposition to Specially Appearing Defendants' Motion to Strike and Motion to Quash Service of ...
2023.08.01 Motion to Compel Further Responses 103
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.01
Excerpt: ... answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. [¶] (b) (1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (c) Unless notice of this ...
2023.08.01 Motion to Require Undertaking 537
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.01
Excerpt: ...uiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, ‘attorney's fees' means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract. [¶] (b) The motion shall be made on the grounds that the plaintiff resides out of the state . . . and that there is a reas...
2023.08.01 Motion to Strike 131
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.01
Excerpt: ...) Code of Civil Procedure section 436, states, “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: [¶] (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. [¶] (b) Strike out all 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 sectio...
2023.08.01 Motion to Compel Production of Docs 098
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.08.01
Excerpt: ...osition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. [¶] (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 2016.040. . . .” It is somewhat unclear as to the relief that Plaintiff seeks. The Motion states that Plaintiff seeks “. . ....
2023.07.27 Motion for Summary Judgment, Adjudication 473
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.27
Excerpt: ...hat 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 that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (f)(1), p...
2023.07.27 Motion for Attorney Fees 878
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.27
Excerpt: ...ge (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 Respondent's Evidentiary Objections: (1) Hand Decl., ¶¶ 7 and 18,; (2) Hand Supp. Decl., ¶¶ 10, 11, 12, 16, 17, 26, 30, 34, and (3) Fink Supp. Decl., ¶¶ 6, 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 O...
2023.07.27 Motion for Attorney Fees 431
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.27
Excerpt: ...(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 as to Exhibits B, C, D, E, F, G, H, I, 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' Evidentiary Objections: (1) Hand Decl., ¶¶ 14, 15, 16, 36, 37, 40, 41...
2023.07.27 Demurrer 189
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.27
Excerpt: ...e 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, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Planning & Conservation League v. Castaic Lake Water Agency (2009) 180 ...
2023.07.18 Motion for Trifurcation of Trial, for Judgment on the Pleadings 334
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.18
Excerpt: ...e 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, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. . . .” Code of Civil Procedure section 1048, subdivision (b), states, “The court, in furtherance of convenie...
2023.07.18 Demurrer to TAC, Motion to Strike, to Compel Responses 574
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.18
Excerpt: ...f 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) 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.” P e r e z v...
2023.07.18 Demurrer, Motion to Strike 966
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.18
Excerpt: ... 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, 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 ...
2023.07.18 Motion for Summary Judgment 978
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.18
Excerpt: ...court DECLINES TO RULE on Defendants' Objections, filed on 7-3-23 under ROA No. 366, as immaterial to the court's ruling as set forth below. (Code Civ. Proc., § 437c, subd. (q).) 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, can...
2023.07.18 Motion to Seal Confidential Settlement Agreement, to Enforce Settlement 795
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.18
Excerpt: ...ntive 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 parties. [¶] (b)(1) A party requesting tha...
2023.07.18 Motion to Compel Arbitration and Stay Action 694
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.18
Excerpt: ... a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶]...
2023.07.18 Motion to Compel Further Responses 143
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.18
Excerpt: ...l to the court's decision as set forth below. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) Code of Civil Procedure section 2033.290 states, in part, “(a) On receipt of a response for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: [¶] (1) An answer to a particular reque...
2023.07.18 Motion to Seal Docs, for Sanctions, to Compel Rresponses 061
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.18
Excerpt: ...of Civil Procedure section 1010 requires that a notice of motion must state ‘the grounds upon which it will be made.' California Rules of Court, rule 311 requires a notice of motion to state in its opening paragraph ‘the nature of the order being sought and the grounds for issuance of the order.' As a general rule, the trial court may consider only the grounds stated in the notice of motion. [Citations.] An omission in the notice may be overl...
2023.07.18 Motion to Strike Punitive Damages 284
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.18
Excerpt: ...creation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.); (2) Defendants improperly submitted their Request for Judicial Notice after Plaintiff (Joshua Derek Brown) filed the Opposition to this Motion. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537–1538.) Code of Civil Procedure section 436, states, “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms i...
2023.07.18 Motion to Strike TAC 587
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.18
Excerpt: ...or improper matter inserted in any pleading. [¶] (b) Strike out all 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)(1), states, “Any party, within the time allowed to respond to a pleading may serve and file, a notice of motion to strike the whole or any part thereof, but this time limitation shall not apply...
2023.07.11 Motion to Seal Docs, for Sanctions 061
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.11
Excerpt: ...rocedure section 1010 requires that a notice of motion must state ‘the grounds upon which it will be made.' California Rules of Court, rule 311 requires a notice of motion to state in its opening paragraph ‘the nature of the order being sought and the grounds for issuance of the order.' As a general rule, the trial court may consider only the grounds stated in the notice of motion. [Citations.] An omission in the notice may be overlooked if t...
2023.07.11 Motion to Compel Responses 574
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.11
Excerpt: ...11-9-22, Plaintiff served Defendants (Ojin Kwon, Hokyung Lee, and Jin Dental) with “Special Interrogatories, Set One.” (Sohn Decl., ¶ 3 and Exhibit A.) It appears that Defendants did not provide responses to this discovery request. (Sohn Decl., ¶ 4 and Exhibit B.) Defendants' Opposition to Plaintiff's Motion to Compel Defendants' Responses to Further Special Interrogatories, Set One (Opposition), filed on 6-27-23 under ROA No. 275, states, ...
2023.07.11 Motion to Compel Further Answers 831
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.11
Excerpt: ...ition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. [¶] (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 2016.040. . . .” The Motion seeks to compel Plaintiff (Pauline P. Nguyen) to answer questions regarding “overcharge allegations” and questions rega...
2023.07.11 Demurrer 797
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.11
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) 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.” P e r...
2023.07.11 Demurrer 529
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.07.11
Excerpt: ...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.” P e r e z v . G o l d e n E m p i ...

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