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2019.12.11 Motion to Compel Production of Records 761
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...h believe that the police department records may contain relevant information documenting the circumstances surrounding Vanessa's decision to end her life and subsequent suicide. Per defendant, the records may show whether she had a history of mental health issues, prior suicide attempts or instances of domestic abuse. The records may also contain information relating to whether she was treating with other physicians for any mental health issues ...
2019.12.11 Motion for Reconsideration 281
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ... Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the settlors' children, Marianne and Gail, became the successor trustees of all three subtrusts, and Peter served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in this trust proceeding2 and the appointments of Diane Davies (“Davies”) as the court‐appointed successor trustee for Trust A, and Jed Hazeltine (“H...
2019.12.11 Demurrer 763
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...ated in the Court's 12‐18‐18 and 7‐9‐19 Orders sustaining WF's Demurrers to the prior versions of the Complaint. Code Civ. Proc. § 430.10(e). The deficiencies identified in the Court's prior Orders relating to this cause of action have not been remedied. As did the FAC, the SAC alleges WF breached the parties' Deed of Trust (DOT), but does not identify any DOT provision that WF purportedly breached. It alleges ¶28 of the DOT permits Pla...
2019.12.11 Demurrer, Motion to Strike 508
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...S THIRD AMENDED COMPLAINT BY WEST COAST COMMONWEALTH PARTNERS LLC Tentative Ruling: The demurrer is overruled as to the second cause of action and sustained with 20 days leave to amend as to the first and fourth causes of action. The Motion to Strike is granted with 20 days leave to amend. Third Amended Complaint, Issues, and Contentions: The operative Third Amended Complaint (TAC) of September 9, 2019 asserts causes of action for: (1) Willful Mi...
2019.12.11 Demurrer, Motion to Strike 834
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...Barbara Goldsmith (the Goldsmiths) filed their original complaint in this action for declaratory relief against defendants Milton Pinsky and Elizabeth Pinsky (the Pinskys). In their complaint, the Goldsmiths seek declaratory relief regarding their rights to restore a hedge of trees that they allege operated as a privacy screen to separate their property from their adjacent neighbors, the Pinskys. On August 2, 2019, the Pinskys filed their answer ...
2019.12.11 Motion for Attorneys' Fees 974
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...ent facts relevant to this motion. Plaintiff Tseday Aberra alleged she was a senior psychologist for the California Institute for Women (CIW) in Corona (a division of the Department of Corrections and Rehabilitation of the State of California, or CDCR), and was discriminated against and did not receive a promotion because of the actions of other CIW employees. Plaintiff alleged that in August of 2016 she was being strongly considered for the posi...
2019.12.11 Motion for Consolidation, for Leave to File Amended Complaint
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...acher who was employed by defendant AUHSD, during 2009-2011 while plaintiff was a middle school student. Both defendants have answered. On 1/10/19, the court granted defendant AUHSD's motion for summary adjudication as to the 3 rd C/A for sexual harassment. On 3/13/19, the court denied without prejudice plaintiff's motion for leave to file an amended complaint to substitute as defendant The David M. Bruce Family Trust, by and through the Trustee ...
2019.12.11 Motion for Declaratory Clarification on Court Orders 923
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...nt asserted causes of action for negligence, intentional tort, and fraud against California State Automobile Association and DOES 1‐50. On 2/19/2016, Judge Cadei found Gonzalez to be a vexatious litigant in Gonzalez v. Kitay, Sacramento Superior Court Case No. 34‐2012‐00134527. Because Gonzalez was declared a vexatious litigant, he was required to obtain a pre‐filing order from the Presiding Judge before filing an new action. (CCP §391.7...
2019.12.11 Motion for Determination of Good Faith Settlement 887
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...e sale of real property. The Blandons sold a single‐family residence located at 9112 Durness Way in Sacramento, California (the “Property”) to Plaintiff Hyeon Do “David” Seo (“Plaintiff”). The Property was listed with Mr. Carrion, the Blandon's son and real estate agent. Prior to the sale, the Property was occupied and rented by the Blandon's other son, Francisco Blandon. After the close of escrow, Plaintiff alleged he found defects...
2019.12.11 Motion for Leave to File Amended Answer and Amended Complaint
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...e'), and Live Oak, LP (‘Live Oak') are also a members of LOLS. Plaintiff VWC Lofts has at all times been managed by Vision Wise. Except for a brief period, Vision Wise is and has been managed by Sanford Coggins. Coggins was manager of Vision Wise at the time VWC Lofts filed its current complaint. Cathy (Mary) Aronson was named as a defendant in her capacity as principal of Live Oak.” (Motion P&As at p. 5.) “By her proposed amended answer, a...
2019.12.11 Motion for Leave to File Amended Complaint
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ... 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 loans. Plaintiff also alleges that it was obligated to pay $442,670.52 in undisclosed liabiliti...
2019.12.11 Motion for Preliminary Injunction to Enforce Brown Act 717
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...f Painted Cave Committee for Fire Agency Responsibility, Inc. (“Committee”) filed a verified petition for writ of mandate and complaint for declaratory and injunctive relief against the Board of Directors of the Painted Cave Volunteer Fire Department, Inc. (“PCVFD, Inc.”) and the Board of Directors of the Painted Cave Volunteer Fire Department (“PCVFD”). The causes of action in the petition/complaint are: 1) Petition For Writ of Manda...
2019.12.11 Motion for Sanctions 268
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...t”) name was added to title as a result of some undisclosed fraud and deceit. Defendant then wrongfully moved into the property and took over the collection of rent from the existing tenants. Plaintiff contends that Defendant has no right to title or any other interest in the property. On 1/22/19, the parties attended a mandatory settlement conference. The matter settled and the 2/8/19 trial date was vacated. On 3/28/19, a proposed judgment on ...
2019.12.11 Motion to Compel Production of Docs 671
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...aint is granted. In this action Plaintiff alleges that he was employed by Golden Coast Construction & Restoration ("GCCR") as a fire restoration salesperson and that GCCR improperly deducted amounts from his commissions, failed to provide him commissions on certain jobs, and failed to provide him information to verify GCCR's commission totals. Plaintiff seeks further responses to Requests Nos. 7 ‐ 14, contending that Defendant failed to Comply ...
2019.12.11 Motion for Summary Judgment 257
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...n for negligence and premises liability against Defendants. Plaintiff's FAC states that he was injured while riding his KTM 250 SXF bike (the “dirt bike”) along property owned, leased, occupied, or controlled by Union Pacific. (FAC, p.4.) Plaintiff alleges that on the property was a dangerous condition, namely an abandoned thick metal cable, secured to the ground on one end and hidden by heavy vegetation. (Ibid.) While Plaintiff was riding th...
2019.12.11 Motion for Summary Judgment 763
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...ndant defaulted on the account and failed to make payments as they became due and owing. (Id. at 3, 6, 8, 12, 15 and 17.) The last payment applied to the account was on or about November 24, 2017. (Id. at 7, 16.) The total amount due and owing is $11,669.91. (Id. at 3, 8, 12 and 17.) Plaintiff filed the underlying complaint on August 2, 2018 and asserts common count causes of action for account stated and open book account. On September 17, 2018,...
2019.12.11 Motion for Summary Judgment, Adjudication 317
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...006, and divorced on December 5, 2017. As part of the divorce, Defendant obtained real property located at 180 Shortt Road (“Subject Property”). According to the Complaint, on November 9, 2017, Plaintiff was in lawful possession of the property but was forcibly removed after Defendant called the Santa Rosa Police Department indicating Plaintiff was a trespasser. Plaintiff was forcefully removed under threat of arrest. After moving back in, on...
2019.12.11 Motion for Summary Judgment, Adjudication 548
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ..., it required 2 court days for the clerk's division to process these submissions alone. Apparently due to the volume of work and brevity of the timelines, Defendant Safeway has added 3 additional attorneys to their team through applications to appear pro hac vice. The Johnson & Johnson Defendants likewise seek to add 3 additional attorneys to their team pro hac vice. Plaintiffs' pleadings reflect that at least 4 attorneys are working to advance t...
2019.12.11 Motion for Trial Preference
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...ntiff alleges that Defendants' staff dropped Plaintiff during a transfer, causing a compound hip fracture, and failed to document the incident. Plaintiff's family has made the decision not to put Plaintiff through hip replacement surgery, and she is currently in hospice care. Plaintiff alleges that Defendants both were negligent and failed to provide contracted- for levels of care to Plaintiff. Plaintiff filed her complaint against Defendants San...
2019.12.11 Motion to be Relieved from Deemed Admissions 876
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...ect. Plaintiff asserts that Defendant has suffered no prejudice in the delayed responses to the RFAs as discovery is still ongoing between the parties, no depositions have been taken and no trial date has been set. The declaration of counsel accompanying the motion states the same. No explanation is given as to why no responses were provided to the RFAs within the statutory time, nor why Plaintiff failed to respond to the motion to have the admis...
2019.12.11 Motion to Compel Arbitration 788
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...laim or dispute related to the vehicle and/or the RISC. Plaintiffs are permitted to select the American Arbitration Association (“AAA”) or any other arbitration organization subject to approval. Westlake now moves to compel arbitration to be heard before AAA. In opposition, Plaintiffs concede that a valid arbitration agreement exists. They insist, however, that the Court has no authority to grant the relief requested because Westlake failed t...
2019.12.11 Motion to Compel Depositions 344
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...e waived any error or irregularity with those notices. (Code Civ. Proc. § 2025.410(a).) Defendant has also failed to file, promptly or otherwise, a motion for a protective order permitting Defendant to refuse to produce any deponent for deposition. (See, Code Civ. Proc. § 2025.420(a).) Accordingly, Defendant must produce these employees for deposition. As to the person most knowledgeable, the Court overrules the objections regarding the product...
2019.12.11 Motion to Compel Further Discovery Responses 348
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...he Court finds that the subject requests are worded broadly enough to potentially call for the production of privileged materials, Defendant is nevertheless entitled to a Code-compliant response which provides sufficient factual information to allow Defendant to evaluate the merits any claims of privilege, including provision of a privilege log where necessary. The Court further finds that all responsive documents not subject to a claim of privil...
2019.12.11 Motion to Compel IME's 921
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ... Best and Sean Best and their two minor children, plaintiffs Inez Best and Joaquin Best, formerly resided at 2828 Serena Road, Santa Barbara, California 93105 pursuant to a written lease agreement with defendant Steven J. Sherwin, individually and as Trustee of the Steven J. Sherwin Separate Property Trust, the owner of the property. The property is managed by defendant Meridian Group Real Estate Management, Inc. Starting in February 2018, plaint...
2019.12.11 Demurrer 706
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2019.12.11
Excerpt: ...tain, and that the fraud claims were not pled with specificity. In this action, Plaintiff sued RCH for two causes of action, medical negligence and fraud. It should be noted that the first page of the Complaint has three causes of action for: 1. Medical Negligence; 2. Negligence; and 3. Fraud, but the body only alleges two causes of action. Plaintiff has not filed an opposition to this demurrer. Page 8 of 8 With respect to the negligence cause of...

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