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2019.12.11 Motion to Compel Specified Discovery 761
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...dants' objections are OVERRULED. Plaintiffs explain that they delayed bringing the motion because they were trying to obtain sufficient evidence and conduct analysis of that evidence to allow them to oppose the anti-SLAPP motion without resorting to discovery. This is a reasonable argument. This case also turns not only on the conduct of Defendants towards Plaintiffs but their motivations and whether they have treated similar employees differentl...
2019.12.11 Motion to Deem Cases Complex
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ... defendants allegedly knew this. Plaintiff contracted multiple infections from the surgery and has become a paraplegic. The Second Amended Complaint contains causes of action for: medical negligence, corporate negligence, premises liability and fraudulent concealment. In June of 2018, the case of Burghardt v. Dennis was filed the same attorney for the plaintiff (2018-1000970). According to the operative complaint, Mr. Burghardt also had spinal su...
2019.12.11 Motion to Set Aside Judgment 168
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...e “wrong” parties, who did not own the Property at the time of the alleged incident. To the extent that Defendants seek relief under Code of Civil Procedure section 473(b) for mistake, in advertence, or excusable neglect, the motion is untimely. The court has inherent equitable power to set aside a judgment on the basis of extrinsic fraud or mistake. Olivera v. Grace (1942) 19 Cal.2d 570, 576. The moving party must show three elements: a meri...
2019.12.11 Motion to Stay Civil Action 378
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...st 20, 2019. Plaintiff alleges that on August 21, 2019, Defendant attempted to reset Plaintiff's account passwords for certain AVBI officers and managers. The next day, Plaintiff discovered that 84 of its email accounts were deleted. Plaintiff alleges that Defendant also interfered with its computer network such that it was forced to shut down company computers and phones. The complaint asserts causes of action for injunction, claim and delivery,...
2019.12.11 Motion to Strike 323
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...ermines that the plaintiff has established that Page 2 of 3 there is a probability” that the claim will prevail. (Code Civ. Proc., § 425.16, subd. (b)(1).) In order to demonstrate a probability of prevailing on the merits, a plaintiff may not rely solely on its complaint but must also produce admissible evidence sufficient to overcome any privilege or defense that defendant has asserted. (Flatley v. Mauro (2006) 39 Cal.4th 299, 323 [litigation...
2019.12.11 Motions for Summary Judgment 551
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...es liability, against the Greenes; and (3) strict liability for ultrahazardous activity, against all Defendants. The complaint arises out of serious injuries that Plaintiff sustained to her thumb while firing a crossbow owned by the Nankivells at a social gathering hosted by the Greenes at the Greenes' property. The Nankivells filed a motion for summary judgment on the grounds that Plaintiff is barred from recovery pursuant to the doctrine of pri...
2019.12.11 Motion to Set Aside and Dismiss Ruling 423
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...pointment of himself as Director of Sacramento Progressive Communities, Inc. under Corporations Code section 5220(e). Corporations Code Section 5220(e) states that: "If a corporation has not issued memberships and (1) all the directors resign, die, or become incompetent, or (2) a corporation's initial directors have not been named in the articles and all incorporators resign, die, or become incompetent before the election of the initial directors...
2019.12.11 Motion to Set Aside and Vacate Judgment 742
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...tained Sohi's objection to the entire declaration of Kendra Whitley, D.D.S. (Plaintiff's subsequent treating dentist and expert) because the declaration was signed “under penalty of perjury under the laws of the state of Tennessee.” Additionally, Dr. Whitley's declaration lacked foundation since she failed to state that she is familiar with the standard of care for general dentist in Sacramento, or even California. (See 9/10/2019 Order.) The ...
2019.12.11 Motion to Reduce Mechanics Lien or to Declare it Invalid 317
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...the final payment to be made to PHI (contract sum remaining) is if the amount certified by the architect for the final payment. Under each of these contracts, the architect determined here that no amount is owed because of the deficient construction and, after adjusting for the offsets to correct the deficient construction, per the parties' written agreements, determined that PHI has an insufficient contract sum due and owing for the work it comp...
2019.12.11 Motion to Set Aside Default, Judgment 691
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...udgment can be attacked “at any time.” (Code of Civ. Proc. Sect. 473, subd. (d); Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1250.) The evidence establishes that Defendant did not reside at the Menlo Park address when Plaintiff attempted substituted service. The USPS Request for Change of Address does not support service at the Menlo Park address, because Plaintiff's inquiry sought the new address related to a Post Office box; ...
2019.12.5 Motion to Compel Further Responses, for Issue or Evidentiary Sanctions
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.5
Excerpt: ...mpelling Plaintiff Jodi Ditolla to serve responses without objections to Defendant Syndimate LLC's Special Interrogatories, Set No. 1, evidentiary and issue preclusion sanctions if responses are not served within ten days, and imposition of $4,763.00 in monetary sanctions against Plaintiff. Motion No. 3: For issuance of an order compelling Plaintiff Jodi Ditolla to serve responses without objections to Defendant Sam Schapiro's Special Interrogato...
2019.12.5 Motion for Award of Prejudgment Interest
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.5
Excerpt: ...ered a verdict in favor of the two remaining Plaintiffs for $14,784,031.00 in favor of Claremont Toyota (R&C Motor Corporation) and $3,324,802.00 in favor of Capistrano Toyota (Hogan SRK, Inc.). Discounts of $474,972.00 and $1,848,004.00, respectively, were applied to the jury verdict awards based on Plaintiffs' own misconduct, resulting in net jury awards of $12,936.027 and $2,849,830.00 respectively. Moving Parties contend as follows: Plaintiff...
2019.6.19 Application for Preliminary Injunction
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.19
Excerpt: ...m Fund I Trust, Zieve, Brodnax & Steele, LLP, Wells Fargo Bank, N.A. s/b/m Wachovia Mortgage, FSB f/k/a World Savings Bank, FSB, and Wells Fargo Bank South Central, N.A. The complaint alleges eight causes of action: (1) violation of 12 CFR §1026.39; lender failure to provide proper mortgage transfer disclosures; (2) lender / servicer negligence; (3) accounting of loan amounts; (4) violation of CC §2923.5; (5) violation of CC §2923.7; (6) viola...
2019.6.19 Demurrer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.19
Excerpt: ...s to supply 10,000 mini-hookahs, but defendants only delivered approximately 6,000 units and misrepresented their intention to fulfill the contract. No trial date is set. Defendant demurs to all C/As of the complaint on the grounds of failure to state facts sufficient to constitute a C/A and uncertainty (CCP §430.10(e), (f)) Analysis: Moving Party's Request for Judicial Notice in support of Reply: With the Reply, MP submitted a request for judic...
2019.6.19 Motion to Bifurcate Trial
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.19
Excerpt: ...rchitect/engineer and the design/build general contractor over improvements to the 91 freeway. Defendant Atkinson/Walsh Joint Venture retained Plaintiff to provide architectural/engineering services in connection with a bid by Defendant to provide general contracting services to the Riverside County Transportation Commission in connection with works of improvement on the 91 freeway. The agreement provided, among other things, that Defendant purch...
2019.6.19 Petition to Compel Arbitration, Joinder
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.19
Excerpt: ...(McGhee) (collectively, the security defendants), alleging the following three causes of action: 1. Assault/battery, 2. Negligence, and 3. Negligent infliction of emotional distress. On April 2, 2019, plaintiff filed an amendment to complaint, identifying Doe 1 as Kaiser Foundation Health Plan, Inc. (Health Plan or KFHP), erroneously sued as “Kaiser Foundation Health Plans.” On May 8, 2019, plaintiff filed another two amendments to complaint,...
2019.6.19 Motion to Compel Further Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.19
Excerpt: ...ted in a “red tag” of plaintiffs' apartment. Plaintiffs contend, among other things, they have been denied access to the personal property located in their apartment and have suffered both physical damages and emotional distress. The Second Amended Complaint consists of the following causes of action: 1. Breach of the implied warranty of habitability 2. Tortious breach of the warranty of habitability 3. Violations of Civil Code section 1940.2...
2019.6.19 Motion to Strike
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.19
Excerpt: ...f used a ride share service operated by Defendant Lyft on 7/31/18 in Huntington Beach to drive him to second location in the same city. Plaintiff was carrying a $7,500.00 cash deposit in a fabric deposit bag in his pocket. While Plaintiff was either entering or exiting the vehicle, the deposit bag fell out his pocket into the vehicle being driven by Defendant Smith. After exiting the vehicle, Plaintiff noticed the deposit bag was missing. He cont...
2019.6.19 Motion to Tax Costs
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.19
Excerpt: ...ngers, an injury under his right eye, multiple chipped teeth requiring reconstructive dental work, and a concussion. He went to an ER immediately after the incident and again a few days later. On 2/23/17, Plaintiff filed his complaint alleging two causes of action for battery and assault. On 4/26/17, Defendant filed his cross-complaint against Viscomi and SHR MLB LLC (the Montage Hotel), alleging four causes of action for: 1. Indemnification 2. A...
2019.6.19 Motion to Tax Costs (2)
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.19
Excerpt: ...its complaint, and that defendants were entitled to costs. Moving Party contends as follows: Item 12 – equipment rental for exhibit presentation Defendants claim costs of $4,475.84. However, defendants have not shown the costs resulted in documents that were “reasonably helpful to aid the trier of fact” and should therefore be disallowed. Even if they were helpful to the trier of fact, the expense is excessive. Other The evidence doesn't su...
2019.6.12 Application for Right to Attach Order, for Writ of Attachment
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.12
Excerpt: ...in interest by way of merger to BBCN Bank (plaintiff), commenced this action against A-1 Silk Screen, Inc. and Shin Ill Kang (collectively, defendants) alleging the following five causes of action: 1. Breach of promissory note, 2. Breach of commercial guaranties, 3. Claim and delivery, 4. Conversion, and 5. Appointment of receiver. This is a collections action on a business loan and related commercial guaranties for the outstanding principal bala...
2019.6.12 Demurrer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.12
Excerpt: ...luding providing that 287,520 shares of stock in PASS would be transferred from Don B. Clark to Ira Smith and Tony Ordaz in exchange for $920,000.00. (the “First Loan”). On 11/26/12, Plaintiff and Don B. Clark signed a promissory note in favor of Ira Smith and Tony Ordaz for $50,000.00, to start being repaid on 1/1/18. (the “Second Loan”). With the passing of Don B. Clark, Defendant Linda Clark is alleged to be the beneficiary of both loa...
2019.6.12 Demurrer (2)
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.12
Excerpt: ...0.00 to Defendant Stacy Bui. The loan had a 12-month term and interest at 14% per annum. The loan was personally guaranteed by Kristine and Katherine Tran. All Defendants failed to pay the loan per its terms. Plaintiff alleges that each of the defendants fraudulently induced him into making the loan. Plaintiff filed his complaint against Defendants Stacy Bui, Kristine Tran and Katherine Tran on 10/25/18. The complaint alleges causes of action for...
2019.6.12 Motion to Strike Designation of Unretained Expert
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.12
Excerpt: ... June 24, 2019, although the court expects to trail or continue the trial. Moving Parties contend as follows: 1. On 5/6/19, Custer served the “Disclosure of Information Concerning Expert Witnesses” attached as Exhibit A thereto, designating himself as an un-retained expert. A party's designation of an expert, including a party's designation of himself as an expert, must be supported by an attorney declaration providing, among other things, a ...
2019.6.6 Motion to Compel Binding Arbitration
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.6.6
Excerpt: ...e. Plaintiffs Frank Tansley and Valerie Tansley own a residence located at 24965 Danamaple, Dana Point, CA 92629. Plaintiffs purchased the property in December of 2016. A pre-closing inspection revealed that the upstairs and downstairs floors were sloped and uneven. Plaintiffs retained Defendants in November of 2016 to conduct a geological inspection report. The report was issued on 11/19/16. It concluded that the original slab had not been level...

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