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

366 Results

Clear Search Parameters x
Location: Orange County x
Judge: Scott, Nathan 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 = 362)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 350,25
Array
(
)
2018.3.19 Motion to Compel Arbitration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.19
Excerpt: ...f met his burden to show the arbitration agreement is too unconscionable to be enforced. (Code Civ. Proc., § 1281.2(b).) Plaintiff showed the arbitration agreement is procedurally unconscionable because it was obtained under duress. (See AT&T Mobility LLC v. Concepcion (2011) 131 S.Ct. 1740, 1746 [FAA preserves generally applicable state law contract defenses]; Civil Code, §§ 1567 [unconscionability], 1670.5(a) [duress].) Plaintiff credibly de...
2018.3.19 Motion to Compel
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.19
Excerpt: ...e ambiguous. Its initial responses imposed unilateral limitations. Its supplemental responses do not fully clarify whether other documents responsive to the original, unqualified requests are in its possession, custody, or control. Defendant shall pay $1500 in discovery sanctions to plaintiffs within 30 days. The motion is otherwise DENIED. Requests #1-2, 5-9, 13, 16-20, 23-24, 34-36, 39, & 43. Defendant's supplemental responses fully clarify it ...
2018.3.19 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.19
Excerpt: ...cause of action for contractual indemnity. “This ruling finally adjudicates this case. The complaint was previously dismissed. (See 10/7/15 requests for dismissal.) Cross-complainant has now obtained judgment on the pleadings on the sole remaining cause of action. “Cross-complainant shall prepare, served, and submit a proposed judgment.” ...
2018.3.19 Motion for Attorney Fees
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.19
Excerpt: ...that unless properly scheduled (Cusano v. Klein (9th Cir. 2001) 264 F.3d 936, 945- 946). A debtor who files bankruptcy is no longer the real party in interest, and lacks standing to proceed on claims belonging to the bankruptcy estate. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 1004.) Finally, plaintiff failed to show the underlying judgment awarded contractual attorney fees. (See Code Civ. Proc., §§ 685.040, 1033.5(a)(10)(A); ...
2018.3.12 OSC Re Failure to Serve, Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.12
Excerpt: ...ded complaint within 14 days. 1st cause of action, equitable estoppel. The FAC fails to state facts sufficient to constitute this claim. “A stand-alone cause of action for equitable estoppel will not lie as a matter of law.” (Behnke v. State Farm General Ins. Co. (2011) 196 Cal.App.4th 1443, 1463; accord Money Store Investment Corp. v. Southern Cal. Bank (2002) 98 Cal.App.4th 722, 732.) 2nd cause of action, injunctive relief. The FAC fails to...
2018.3.12 Motion to Quash Subpoenas
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.12
Excerpt: ...r has withdrawn the subpoena. (See Opp. at p. 3.) Anaheim Capital Partners shall give notice. Motion to Quash Metropolitan Acoustics Subpoena House of Blues Anaheim Restaurant's motion to quash Delia Hauser's subpoena to Metropolitan Acoustics on September 11, 2017, is DENIED as moot. Hauser has withdrawn the subpoena. (See Opp. at p. 3.) House of Blues shall give notice. Motion to Quash Veneklasen Subpoena +3 Anaheim Capital Partners, Arcturus M...
2018.2.26 Motion to Consolidate
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.2.26
Excerpt: ...c]ontain the captions of all the cases sought to be consolidated” in their notice of motion. (Cal. Rules of Court, rule 3.350(a)(1)(B).) Finally, plaintiffs failed to file this motion in any to-be-consolidated case, along with a proof of service on the defendants in any such case. (Cal. Rules of Court, rule 3.350(a)(2)(B), (C).) Plaintiffs shall give notice. ...
2018.2.26 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.2.26
Excerpt: ...(See 2/22/18 minute order.) The FAC “supersedes all prior complaints,” which “cease[] to have any effect either as a pleading or as a basis for judgment.” (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130-1131.) Thus, “the filing of an amended complaint moots a motion directed to a prior complaint.” (Id. at p. 1131.) The court declines defendant's request (made at the 2/22/18 hearing and now preserved f...
2018.2.26 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.2.26
Excerpt: ... an ordinary or heightened duty, plaintiff has a single primary right to be free from the harm suffered when defendant allegedly caused plaintiff to fall from the tow truck. That invasion of a single primary right supports one cause of action for negligence. Plaintiff may amend the complaint to allege alternate legal theories and alternate duties of care within that one cause of action for negligence. Defendant shall give notice. ...
2018.2.5 Petition to Compel Arbitration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.2.5
Excerpt: .../16/18 at 3 pm. The court will nominate 5 persons from those lists and give notice to the parties. The parties shall then have 5 days to file and serve a notice of their joint selection of arbitrator. If the parties fail to timely file such a notice, the court will appoint one of the 5 nominees as arbitrator. (See Code Civ. Proc., §§ 1281.3, 1281.6.) If the parties fail to timely propose any arbitrators in the first place, the court will appoin...
2018.2.5 Motion to Compel
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.2.5
Excerpt: ...aintiffs' responses to the disputed form interrogatories were incomplete, evasive, or otherwise improper. (See, e.g., Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783- 784.) Defendant shall give notice. Motion to Compel re Special Interrogatories Defendant Select Portfolio Servicing, Inc.'s motion to compel further responses to special interrogatories is GRANTED. Plaintiffs Christopher C. Becker and Debra A. Becker shall serve complete, code- comp...
2018.2.5 Motion for Attorney Fees
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.2.5
Excerpt: ...sic evidence shows the parties reached anything but the usual understanding regarding costs. At any rate, defendant did not prevail on the only contract claim. Plaintiff did, albeit with a nominal recovery. Defendant prevailed on a non- contract claim that is not subject to the costs provision (which is unilateral, anyway). (See Brown Bark III, L.P. v. Haver (2013) 219 Cal.App.4th 809, 828 [Civ. Code § 1717 does “not make a unilateral provisio...
2018.1.29 Motion for Leave to File Complaint
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.1.29
Excerpt: ...Plaintiff shall file and serve a clean, non-redlined version of the proposed FAC attached to counsel's declaration as Exhibit A within 10 days of this order. Plaintiff shall give notice. ...
2018.1.29 Motion for Attorney Fees
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.1.29
Excerpt: ... mediation provisions, to whatever extent those provisions condition an attorney fee award on completing pre- dispute mediation. It would be unreasonable to discount the attorney fee award because PatentRatings did not prevail on its declaratory relief claim. It did prevail on other claims addressing inextricably intertwined issues. (See Reynolds Metals Co. v. Alperson (1979) 25 Cal. 3d 124, 129- 130; Thompson Pacific Construction. Inc. v. City o...
2018.1.29 Demurrer (2)
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.1.29
Excerpt: ...amages and foreclosure on security). First, defendants have shown a defect of parties. (Code Civ. Proc., § 430.10, subd. (d).) Plaintiff should name Jerry Monroe's estate as a party. The FAC alleges defendants Nicole Seymour and Jeff Seymour failed to repay a loan from plaintiff and Jerry Monroe, which was secured by Jerry Monroe's shares in defendant Towne. (That is not a typo. The FAC alleges Jerry Monroe pledged his own shares to secure a loa...
2018.1.29 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.1.29
Excerpt: ...certain. (Code Civ. Proc., § 431.10, subd. (f).) It lacks any “statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) Instead, it is cluttered with confusing conclusions and citations. Plaintiff fails to show a reasonable possibility of curing the defects. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Plaintiff has not cured these lingering defects despite repeated orders ...

366 Results

Per page

Pages