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 1225,25
Array
(
)
2018.3.13 Motion to Enforce Settlement 776
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...intiff contends that Defendant has failed to comply with the settlement agreement by failing to give these funds to Plaintiff. Here, the transcript of the settlement agreement, attached as Exhibit A to the motion, states, “All remaining proceeds from the sale of the property shall be paid to Plaintiff.” (RT 5:7-12.) The transcript also indicates, “The Court: And that after the deed of trust is paid from the sale's proceeds, plus the costs, ...
2018.3.13 Motion to Compel Arbitration, Dismiss Action 273
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ... Plaintiff to prove by a preponderance of evidence a ground for denial. Plaintiff filed a Notice of Non-Opposition to Defendant's Motion to Compel Arbitration” on 2-27-18. Thus, the motion is GRANTED. The court stays this action pursuant to Code of Civil Procedure section 1281.4. The court sets this case for an arbitration review hearing on 9-7-18 at 9:00 a.m. in Department C19. Plaintiff is to give notice. ...
2018.3.13 Motion for Reconsideration 947
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...er or for the renewal of a previous motion may be considered by any judge or court unless made according to this section.” The Motion was filed on November 22, 2017, well in excess of the 10 days permitted by Code of Civil Procedure section 1008, subdivision (e). Le Francois v. Goel (35 Cal.4 th 1094, 1107, states, “We hold that sections 437c and 1008 limit the parties' ability to file repetitive motions but do not limit the court's ability, ...
2018.3.13 Demurrer 967
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...Cal.App.4 th612, 616.) The court finds the facts pled as to these causes of action are not so uncertain that Defendant cannot reasonably respond. Second as to the fifth cause of action, Plaintiff pled sufficient facts showing that he relied on Defendant's misrepresentation (“experienced and knowledgable”) by entering into a contract based on this misrepresentation. (FAC, ¶¶ 10-13.) Third, as to the fifth cause of action, Defendant contends ...
2018.3.13 Demurrer 441
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...ade secrets. [¶] (b) This title does not affect (1) contractual remedies, whether or not based upon misappropriation of a trade secret, (2) other civil remedies that are not based upon misappropriation of a trade secret, or (3) criminal remedies, whether or not based upon misappropriation of a trade secret.” Civil Code section 3426.8 provides, “This title shall be applied and construed to effectuate its general purpose to make uniform the la...
2018.3.13 Demurrer 241
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...pplicable statute of limitation for the fifth cause of action. Code of Civil Procedure section 338, subdivision (d), is the applicable statute of limitation for the sixth cause of action because it appears to be based on fraud. Code of Civil Procedure section 335.1 is the applicable statute of limitation for the seventh cause of action. (Pugliese v. Superior Court (2007) 146 Cal.App.4 th 1444, 1450.) “ ‘ “A demurrer based on a statute of li...
2018.3.13 Motion to Deem Requests for Admissions Admitted 685
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...part, “Within 30 days after service of the requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .” Code of Civil Procedure section 2033.260, subdivision (a), explains, “The party requesting admissions and the responding party may agree to extend the time for service of a response to...
2018.2.27 Motion to Compel Responses, Request for Admissions 740
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ...ure section 2033.250, subdivision (a), provides, in part, “Within 30 days after service of the requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .” Code of Civil Procedure section 2033.260, subdivision (a), explains, “The party requesting admissions and the responding party may a...
2018.2.27 Motion for Leave to File Complaint 705
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ... well established that ‘California courts “have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others.” [Citation.] Indeed, “it is a rare case in which ‘a court will be justified in refusing a party leave to amend his [or her] pleading so that he [or she] may properly present hi...
2018.2.27 Demurrer 907
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ...rovencher (2002) 28 Cal.4th 274, 280-281.) Unless Cross-Complaints can establish at the hearing how they can plead a valid claim, the court will sustain the demurrer without leave to amend. (Hendy v. Losse (1991) 54 Cal.3d 723, 742. Cross-Defendants are to to give notice. ...
2018.2.27 Motion to Quash 745
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ...tice 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.” Code of Civil Procedure section 1987.1, subdivision (b), allows a witness to bring a motion to quash. The subpoena seeks the employment records of FLC present or former employees David Medina, Robert Voss, Frank Leyva, Christo...
2018.2.27 Motion to Strike 228
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ...leading. [¶] (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.” First, Plaintiff (Martha Johnson) filed a Notice of Non-Opposition to Defendant's Wells Fargo Motion to Strike Portions of Plaintiff's Second Amended Complaint. Plaintiff does not opposed Defendant's motion. Second, Plaintiff is limited to injunctive relief only pursuant to Civil Cod...
2018.2.27 Motion to Vacate Dismissal 755
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ...licy of permitting trial on the merits' [citation]. [¶] It was his burden to demonstrate ‘that due to some mistake, either of fact or of law, of himself or of his counsel, or though some inadvertence, surprise or neglect which may properly be considered excusable, the judgment or order from which he seeks relief should be reversed.' [Citation.]” (Hopkins & Carley v. Gens (2011) 200 Cal.App.4 th 1401, 1410; italics in original.) “A party se...
2018.2.20 Motion to Set Aside Default, Judgment 914
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.20
Excerpt: ...resulting default entered by the clerk against his or her client . . . or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing c...
2018.2.20 Motion to Compel Responses 646
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.20
Excerpt: ...g party . . . .” Code of Civil Procedure section 2030.270, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propou...
2018.2.20 Motion to Compel Responses 165
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.20
Excerpt: ...ginal of the response to them on the propounding party . . . .” Code of Civil Procedure section 2030.270, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the followi...
2018.2.20 Motion to Amend Judgment 839
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.20
Excerpt: ...C v. Airborne Turbine Ltd. Partnership (2013) 222 Cal.App.4 th 815-816, states, “The trial court is authorized to amend a judgment to add judgment debtors. [Citation.]The judgment may be amended to add additional judgment debtors on the ground that a person or entity is the alter ego of the original judgment debtor. [Citation.] It is an equitable procedure based on the theory that the court is not amending the judgment to add a new defendant bu...
2018.2.20 Demurrer 878
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.20
Excerpt: ...swer is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible. . . . .” “ ‘The familiar terms “general demurrer” and “special demurrer” do not appear in the statutes. The name “general demurrer” is, however, universally applied to a demurrer raising the fundamental ground: “The pleading does not state fats sufficient to constitute a cause of action.” [Citation.]' [Citations.]” (McKenne...
2018.2.20 Demurrer 247
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.20
Excerpt: ...42, 750.) Thus, the opposition on this ground is overruled. The FAC asserts four causes of action against four defendants (Hernan Orozco, Villa Properties Realty, Bryan Pugh and Tony Nguyen), but fails to adequately identify the defendant affected by each cause of action. This failure causes confusion because it impairs the ability of the Defendants to adequately respond to the FAC. That is, it appears that Defendant cannot reasonably determine w...
2018.2.13 Petition to Confirm Arbitration Award 886
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...ade, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” Code of Civil Procedure section 1287.4 provides, in part, “If an award is confirmed, judgment shall be entered in conformity therewith.” Here, Defendants (James Merizan and Jeannie Merizan) do not challenge the validity of the arbitration award. Thus,...
2018.2.13 Motion to Compel Answers 523
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...70, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an order compellin...
2018.2.13 Motion to Compel 894
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...e section 2030.270, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an...
2018.2.13 Motion for Summary Judgment 720
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...and Donna Chavez (collectively Chavez) (Defendants, Cross- Complainants, and Cross-Defendants.) City moves for Summary Judgment on the Cross- Complaint filed on 8-14-17 by Holt Meyer (Defendant, Cross-Complainant, and Cross- Defendant). Request for Judicial Notice: The Court GRANTS Plaintiffs' Request for Judicial Notice of Exhibits 6-1, 6-2, and 6-3 (La Habra Municipal Code sections 12.20.100, 12.20.010, and 12.20.080) pursuant to Evidence Code ...
2018.2.13 Motion for Continuance of Trial 834
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...ic rules of civil litigation. Trial judges must acknowledge that in propria persona litigants often do not have an attorney's level of knowledge about the legal system and are more prone to misunderstanding the court's requirements. When one party has counsel and the other does not, the trial court should monitor to ensure the in propria persona litigant is not inadvertently misled, either by the represented party or by the court. Special care sh...
2018.2.13 Demurrer 748
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...51, 974.) “A plaintiff's burden in asserting a fraud claim against a corporate employer is even greater. In such a case, the plaintiff must ‘allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written.' [Citation.] (Lazar v. Superior Court (1996) 12 Cal.4 th 631, 645.) The FAXC adequately alleges fraud as follows (1) G...

1259 Results

Per page

Pages