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

314 Results

Clear Search Parameters x
Location: Orange County x
Judge: Margines, Charles 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 = 550)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 50,50
Array
(
)
2021.02.24 Motion for Preliminary Injunction, Appointment of Receiver
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.24
Excerpt: ...cts/Overview: This is a judicial foreclosure action. The various Defendants own and operate a total of 18 properties located primarily in Laguna Peach, but also include parcels located in Los Angeles, and Redlands. The properties are improved with hotels, event spaces (including Laguna Arts Festival grounds), office, mixed use, apartments, condominium units, and land for future development. The 18 properties are comprised of two multifamily struc...
2021.02.24 Motion for Leave to File TAC
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.24
Excerpt: ...e Corporation, The Ryan Firm, and Timothy T. Ryan, for: (1) violation of usury law; (2) professional negligence; (3) declaratory relief; (4) intentional interference with prospective economic advantage; (5) breach of the implied covenant of good faith and fair dealing; (6) fraud/deceit; (7) negligent misrepresentation; (8) negligence; (9) violation of CC §§ 2924 and 2924f; (10) civil conspiracy; (11) slander of title; (12) IIED; (13) accounting...
2021.02.24 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.24
Excerpt: ...end they hired NCEC, a general contractor, to, among other things, demolish and install new floor tile, install baseboards, perform deck waterproofing, and perform several other repairs or actions. In exchange, Plaintiffs would pay NCEC over $100,000. Plaintiffs later discovered the decking waterproofing was not completed in the manner agreed upon and some of the work was not completed at all. The complaint consists of the following causes of act...
2021.02.24 Demurrer, Motion to Strike
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.24
Excerpt: ...dants converted personal property and misappropriated trade secret information. A Mandatory Settlement Conference is scheduled for 1/21/22, and trial is set on 2/28/22. Analysis: PLEASE NOTE: The complaint alleges acts, commonly known as “birth tourism,” which could constitute violations of 18 U.S.C. § 1001, 18 U.S.C. § 371, and possibly other penal statutes. The Court invites the parties to address at the hearing whether or not this case s...
2021.02.17 Motion for Summary Judgment
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.17
Excerpt: ...e (dismissed on 11/12/19) for: (1) wrongful death [three counts] and dangerous condition of public property. The complaint alleges that Sylvia Mehl [“Decedent”] was struck and killed in a crosswalk in Lake Forest by a vehicle owned by defendant Romos Transport, Inc. and driven by defendant Cordero-Garcia. Plaintiffs allege that defendants Baldwin & Sons, Inc. and Landsea Homes of California, Inc. operated a construction site in the area and f...
2021.02.10 Motions to Compel Further Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.10
Excerpt: ... (3) Reasonable Value. Defendant 5 Star filed its answer on 07/08/19. An attachment application was granted on 12/09/20. Defendant's motion for leave to file a cross-complaint was granted on 01/06/21, and Defendant filed a cross-complaint against Plaintiff the same date, alleging causes of action for: (1) Declaratory Relief; and (2) Negligent Misrepresentation, alleging that Plaintiff improperly denied discounts that Defendant should have receive...
2021.02.10 Motion to Compel Further Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.10
Excerpt: .../Overview: The complaint in this action was filed on 3/7/19 by plaintiff Allstate Insurance Company against defendant Invensys Climate Controls America, for: (1) negligence; (2) breach of implied warranty; and (3) products liability. This is a subrogation action. Plaintiff alleges that defendant's water valve was defective, causing flooding and water damage to plaintiff's insured's home. On 6/19/19, plaintiff filed a Doe Amendment, naming Roberts...
2021.02.10 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.10
Excerpt: ...n Mataele, for: (1) Fraud; (2) Intentional tort – violation of California Labor Code § 970; (3) Conversion; (4) Accounting; (5) Common counts; and (6) Intentional infliction of emotional distress. FTRS Family Partnership No. 1 then filed a cross-complaint against plaintiff Hays for the following: 1. Breach of contract – lease 2. Breach of contract – other 3. Fraudulent misrepresentation This is a fraud case in which plaintiff, a photograph...
2021.02.10 Motion for Leave to Intervene
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.10
Excerpt: ... 2003, Saba and Grantham formed a joint venture with Robert E. Zuckerman to develop residential units on the property. Zuckerman formed San Jacinto Z, LLC (“SJZ”) to handle the development. In Dec. 2003, SJZ acquired the property from Saba and Grantham, which led to a series of lawsuits. Attorneys Saba and Grantham agreed to provide SJZ with legal services to resolve title and lien issues concerning SJZ's property. According to Saba, in July ...
2021.02.10 Discovery Motions
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.10
Excerpt: ...ovide correct/itemized pay stubs, (6) waiting time penalties, (7) failure to reimburse expenses, (8) violation of Business and Professions Code section 17200, (9) retaliation/wrongful termination in violation of public policy, (10) failure to produce personnel file, (11) failure to produce payroll records, and (12) failure to produce instruments signed by employee during employment. On 5/29/19, DTS answered the complaint and also filed a cross-co...
2021.02.03 Motion for Leave to File Amended Answer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.03
Excerpt: ...leges causes of action for: (1) Open Book Account; (2) Account Stated; and (3) Reasonable Value. Defendant 5 Star filed its answer on 07/08/19. An attachment application was granted on 12/09/20. Defendant's motion for leave to file a cross-complaint was granted on 01/06/21, and Defendant filed a cross-complaint against Plaintiff the same date, alleging causes of action for: (1) Declaratory Relief; and (2) Negligent Misrepresentation, alleging tha...
2021.02.03 Motion for Leave to File Complaint
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.03
Excerpt: ...irez. This action arises out of two separate motor vehicle accidents occurring approximately 3½ weeks apart. Plaintiff alleges Ramirez negligently caused the first accident on 4/26/19 while the parties were on the Interstate 10 in Ontario, California. Plaintiff alleges Cruz negligently caused the second accident on 5/21/19 while the parties were on the State Route 91 in Fullerton, California. Plaintiff alleges he has sustained injuries and damag...
2021.02.03 Motion for Leave to File SAC
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.03
Excerpt: ...in when he slipped and fell on a puddle of water that was leaking from a toilet, causing him to sustain serious injuries. On 1/3/19, TJ Maxx answered the first amended complaint. On 5/17/19, plaintiff filed an amendment to complaint, identifying Doe 1 as Kellermeyer Bergensons Services, LLC. On 8/8/19, Kellermeyer Bergensons Services, Inc. (KBS) filed an answer to complaint. A motion for protective order is scheduled for 2/24/21, a motion to comp...
2021.02.03 Motion for Summary Judgment
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.03
Excerpt: ...m/blow out the bus interior to get rid of trash, wash the bus exterior (if necessary), fuel the bus and place it in storage. The actual fueling was accomplished by a co-worker, and Plaintiff generally/never left the bus during the fueling process, as it was accomplished by a co- employee, and would typically clean the bus interior during fueling. Defendant GEMS Environmental was retained by the County of Orange to remove the liquified natural gas...
2021.02.03 Motion to Seal Docs, Demurrer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.03
Excerpt: ...h Hospital; (3) Prime Healthcare La Palma, LLC dba La Palma Intercommunity Hospital; and (4) and Prime Healthcare Anaheim, LLC dba West Anaheim Medical Center [collectively “plaintiffs” or “Prime Hospitals”]. Named defendants are: (1) Orange County Health Authority dba CalOptima; (2) CalOptima Community Network; (3) Varis, LLC; (4) Altamed Health Services; (5) Amvi Care Health Network; (6) Arta Western Health Network; (7) Family Choice He...
2021.01.27 Petition to Confirm Arbitration Award
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.27
Excerpt: ...ed a writ of attachment against Respondent Rogerson Kratos in the amount of $440,308.14. The instant motion was originally set for hearing on 11/18/20 and was continued to 12/3/20 at the request of newly-retained defense counsel. [See ROA No. 59 (11/18/20 minute order).] The 12/3/20 hearing was again continued to today's date, and the Court ordered in part: “Respondent may file an opposition brief regarding the C.C.P. 1288 jurisdiction issue pu...
2021.01.27 Motion to Quash Subpoena
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.27
Excerpt: ...an order quashing Defendant Rose Lynda Dilag's Deposition Subpoena for Production of Business Records issued to Plaintiff's former employer, Iqbal Abdullah (or “Easy Clean”). Moving Party contends as follows: This case arises out of an automobile accident that occurred on May 21, 2016, wherein Plaintiff sustained injuries. Initially, Plaintiff presented a wage loss claim. However, at her June 26, 2019, deposition, Plaintiff waived her wage lo...
2021.01.27 Motion to Compel Further Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.27
Excerpt: ... responses to Plaintiff ALEXANDER DE YOUNG's First Set of Requests for Production # 2-5, 10-14, 17-18, and 22-25 Facts/Overview: As of 11/20/20, the following two cases have been consolidated for all purposes: 1. Alexander De Young, et al. v. Budget Truck Rental, LLC, et al., Case No. 30-2019- 01102980. On 10/7/19, plaintiffs Alexander De Young, individually and as successor-in-interest to The Estate of Neale De Young, and Joel De Young commenced...
2021.01.27 Motion to Compel Discovery of Personnel Records of Police Officer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.27
Excerpt: ...nd supervised Roe, and that it was aware of prior incidents by Roe sexually assaulting women in the course and scope of his job as a patrol officer. Plaintiff's governmental claim was denied on 10/25/18, and on 04/17/19, Plaintiff filed her complaint against Defendants CHP and Roe. The complaint alleges causes of action for: (1) Negligence; (2) Negligent Hiring / Supervision / Training; (3) Sexual Harassment; (4) IIED; (5) Sexual Battery; (6) Vio...
2021.01.27 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.27
Excerpt: ...Parties request summary adjudication as to the following: 1. That NEGAR ASHOURI, M.D. at all times complied with the requisite standard of practice in the community in providing professional healthcare services to BRONSON KELLY from October 2016 through March 2017. 2. That no act or failure to act by NEGAR ASHOURI, M.D. caused or was a substantial factor in causing any injury or harm to BRONSON KELLY, from October 2016 through March 2017, includi...
2021.01.20 Motion to Compel Further Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.20
Excerpt: ...ntal, LLC to provide further responses to their first set of special interrogatories, Nos. 24-26, 30, and 32. [The Court notes: These motions are brought by both plaintiffs Alexander De Young and Joel De Young. The interrogatories at issue, however, were propounded by plaintiff Alexander De Young only. (See ROA No. 71–Traina Decl. at Ex. 3 [subject form interrogatories]; ROA No. 72–Traina Decl. at Ex. 6 [subject special interrogatories].) Fac...
2021.01.20 Motion for Protective Order
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.20
Excerpt: ...TJ Maxx) alleging two causes of action for (1) negligence and (2) premises liability. This is a slip and fall personal injury action. Plaintiff alleges that on 3/24/18, he was using the restroom at TJ Maxx in Tustin when he slipped and fell on a puddle of water that was leaking from a toilet, causing him to sustain serious injuries. On 1/3/19, TJ Maxx answered the first amended complaint. On 5/17/19, plaintiff filed an amendment to complaint, ide...
2021.01.20 Demurrer, Motion to Strike Punitive Damages
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.20
Excerpt: ... an assault and battery action. On 08/12/17, Plaintiff was a patron of the Florentine's Downtown Grill. Defendant Intimate inns of CA, Inc. is alleged to be the bar owner, with individual Defendant Florentine being alleged to be the alter ego of Intimate inns of CA, Inc. During his visit, Plaintiff alleges he was manhandled by a bouncer hired by Defendants and thrown to the ground, suffering a broken wrist. Plaintiff filed the complaint against D...
2021.01.13 Demurrer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.13
Excerpt: ...r law associate, has interfered in plaintiff's ability to collect fees from Marik and others. Concurrently with the complaint, on 4/18/19, plaintiff filed a Notice of Related Cases, indicating that this case is related to Saba v. San Jacinto Z, LLC, OCSC Case No. 2017- 00950366. On 5/3/19, the Court took notice that the cases were related and transferred the instant case from Dept. C12 to this department. An answer was filed on 5/3/19 by defendan...
2021.01.13 Demurrer, Motion to Strike
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.13
Excerpt: ...(negligence and willful misconduct). On 10/8/20, plaintiffs filed a first amended complaint against the same defendants, alleging the same two causes of action. This is a medical malpractice action arising out of defendants' care and treatment of plaintiffs' mother, decedent Annie L. Bingham (decedent), from on or about 3/10/20 until her death on 4/22/20. Plaintiffs allege defendants negligently prescribed decedent contraindicated gout medication...
2021.01.13 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.13
Excerpt: ... time barred under the statute of limitations in claiming his Second Cause of Action against Defendant Tom for violation of Labor Code §970. 3. Plaintiff cannot prove one or more element of his Second Cause of Action against Defendant Tom for violation of Labor code §970. 4. Plaintiff is time barred under the statute of limitations in claiming his Sixth Cause of Action against Defendant for intentional infliction of emotional distress. NOTE: Pl...
2021.01.13 Motion to Compel Deposition
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.13
Excerpt: ...2020 (the “Subpoena”) and compelling Granados' production of documents responsive to the requests for production of documents contained in the Subpoena; 2. Holding Granados in contempt of court for failing to comply with this Court's order requiring her to appear for deposition, or in the alternative, for an order setting an OSC re: contempt; 3. Requiring Granados to pay monetary sanctions in the amount of $5,012.50 pursuant to Code Civ. Proc...
2021.01.13 Motion to Compel Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.13
Excerpt: ... to compel (see Gorman Decls. ¶ 16). Facts/Overview: On 6/24/19, plaintiff SolarMax Renewable Energy Provider, Inc. commenced this action against defendant Anaheim Lodging Group, Inc., alleging the following ten causes of action: 1. Breach of contract; 2. Breach of implied covenant of good faith and fair dealing; 3. Unfair business practices (Bus. & Prof. Code, § 17200); 4. Open book account; 5. Account stated; 6. Common count; 7. Unjust enrich...
2020.12.02 Motions for Leave to File Amended Answer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.12.02
Excerpt: ...ternational Corporation, and Chad Latham, for: (1) breach of written lease; (2) breach of written guaranty; (3) breach of written guaranty; and (4) common counts. Plaintiff alleges that it leased commercial property to defendant Tavistock. Plaintiff alleges that defendants Megatreats and CJ2, LLC, were substituted as lessees under the lease, with plaintiff's consent, but that plaintiff did not release Tavistock or Megatreats from their obligation...
2020.12.02 Motion to Disqualify Counsel
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.12.02
Excerpt: ...hell sued Defendants Core Realty Holdings LLC [“CRH”], Core Realty Holdings Management, Inc. [“CRHM”], Douglas Morehead, and John Saunders, for: (1) fraud – omissions; (2) negligence; (3) breach of written contract; (4) breach of implied covenant of good faith and fair dealing; (5) money had and received; and (6) money lent. Plaintiff alleges that in 2007, he invested a total of $200K into secured debenture notes with an 8% annual coupo...
2020.12.02 Motion to Deem Admitted Matters Set Forth, to Set Aside Default
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.12.02
Excerpt: ...on of trade secrets 4. Conversion 5. Tortious interference with contract 6. Intentional interference with contract 7. Legal malpractice 8. Unfair competition/business practices 9. Disgorgement of salary and benefits 10. Fraud by intentional misrepresentation 11. Fraud by intentional concealment 12. Duress and coercion Defendant Lukas Pieter filed a Cross-Complaint against Leport Educational Institute for the following: 1. Express indemnity 2. Imp...
2020.12.02 Motion to Compel Responses, for Monetary Sanctions
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.12.02
Excerpt: ...ongful termination action. Plaintiff was employed in 2014 by Defendant Family First as a non-medical home care giver. Plaintiff was assigned four consecutive 24 hour shifts in client's home and was paid $120.00/day, whether or not there were more than one client to care for at a given residence. Plaintiff was not provided mandated rest breaks and was not given reasonable accommodations for sleeping while not working. On 08/14/19, Plaintiff compla...
2020.12.02 Motion to Compel Further Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.12.02
Excerpt: ...wners from interfering with any drainage across his/her lot. The Lindstrom Defendants own a residence located at 1849 Avenida San Lorenzo, Fullerton, CA 92833. (“Lot 45”). The Nelson Defendants own the residence located at 1841 Avenida Del Norte, Fullerton CA 92833. (“Lot 46”). Plaintiffs allege that in the last three years, Defendants have denied that there was a view easement and allowed trees and other vegetation to grow and grow, prev...
2020.12.02 Motion to Compel Arbitration
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.12.02
Excerpt: ...-2020-01126802) against defendants Deborah Elder, Rex Elder, and First Team Real Estate–Orange County (First Team or First Team Real Estate). On 1/28/20, plaintiffs filed a first amended complaint against these same defendants, alleging the following six causes of action: 1. Fraud in the inducement – concealment, 2. Fraud in the inducement – intentional misrepresentation, 3. Negligence, 4. Breach of contract, 5. Breach of implied covenant o...
2020.12.02 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.12.02
Excerpt: ...ated Services to Promote and Market DFX Sports & Fitness in Exchange for Past Due Rent & Late Fees. (See Plaintiff/Cross- Defendant's Separate Statement of Undisputed Facts, Facts 1-58.) 2. Kermit Hayes Performed Between $30,000.00 and $53,316.00 in Photography Related Services in Las Vegas in December of 2013 for the Promotion and Marketing of DFX Sports & Fitness. (See Plaintiff/Cross-Defendant's Separate Statement of Undisputed Facts, Facts 59...
2020.12.02 Motion for Prejudgment Interest
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.12.02
Excerpt: ...n 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty (Civ. Code, §§ 1791.2, subd. (a), 1794); (5) breach of the implied warranty of merchantability (Civ. Code, §§ 1791.1, 1794); and (6) violation of the Magnuson-Moss Warranty Act. On 1/10/17, this matter was transferred to the Orange County Superior Court. ...
2020.11.18 Motion for Leave to File Amended Complaint, for Summary Judgment, Adjudication
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.11.18
Excerpt: .... Recovery against public works payment bond, 4. Recovery against contractor's license bond, and 5. Statutory penalties (Bus. & Prof. Code, § 7108.5, Pub. Contract Code, § 7107). Plaintiff ABI alleges it entered into a subcontract with defendant Balfour to perform concrete, structural steel, metal decking, and framing work on a public works project entitled the Heideman ES – Two Story Classroom Building for Tustin Unified School District (pro...
2020.11.18 Motion to Compel Arbitration
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.11.18
Excerpt: ...co, Gerald Greco, Michael Biddle, Jose Perez, and Victor Cervantes. The FAC alleges 15 C/As: (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) failure to provide reasonable accommodations; (5) failure to engage in a good faith interactive process; (6) violation of California Family Rights Act; (7) denial of and discrimination based upon the use of sick leave; (8) declaratory relief; (9) wrongful termi...
2020.11.18 Motion to Confirm Arbitration Award
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.11.18
Excerpt: ...ainst Respondent Rogerson Kratos in the amount of $440,308.14. An MSC is scheduled for 9/17/21, and a court trial is scheduled for 10/18/21. Moving Party contends as follows: Since early 2016, Respondent Rogerson placed orders with Petitioner ParPro to manufacture and procure various electronic components. Following repeated delays in payment, on or about November 1, 2018, ParPro and Rogerson entered into a Memorandum of Agreement [MOA], modifyin...
2020.11.18 Motion to Execute Records Release
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.11.18
Excerpt: ... answered the complaint on 04/23/19. The case is set for a motion to be relieved by Plaintiff's counsel on 01/13/21, an MSC on 04/23/21, and trial on 06/21/21. Moving Party contends as follows: Defendant moves this Court for an order compelling plaintiff Jennifer Anne Roark to execute an authorization for the release of her Medi-Cal records from the California Department of Health Care Services (“DHS”). This motion is made pursuant to Evidenc...
2020.11.04 Motion to Strike Punitive Damages
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.11.04
Excerpt: ...s after she was struck by a vehicle driven by defendant Harris and owned by defendant O'Connell, while in course and scope of his employment. County of Orange v. Harris, OCSC Case No. 2018-01033469: The complaint was filed on 11/19/18 by plaintiff County of Orange against defendants Steven A. Harris, O'Connell Landscape Maintenance, Inc., and Preston Edward Nunez-Ruiz, seeking subrogation for workers' compensation benefits paid to plaintiff Jenni...
2020.11.04 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.11.04
Excerpt: ... (5) harassment; (6) failure to prevent harassment; (7) wrongful demotion in violation of public policy; (8) wrongful termination in violation of public policy; (9) IIED; (10) NIED. Plaintiff alleges that he was employed in various positions at Kroger's La Habra Bakery. Plaintiff alleges that: he was denied meal and rest breaks; he was wrongfully demoted from a foreman position “because he allegedly scratched a pole while operating a forklift;�...
2020.11.04 Demurrer, Motion to Strike
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.11.04
Excerpt: ...on in a common interest development. Plaintiffs own the residence located at 1850 Avenida Del Norte, Fullerton CA 92833. Plaintiffs purchased the Property from the developer and obtained a recorded view easement across neighboring parcels, i.e. Lots 45 & 46. The Property and adjoining parcels are encumbered by CC&Rs which, among other things, preclude lot owners from interfering with any drainage across his/her lot. The Lindstrom Defendants own a...
2020.11.04 Demurrer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.11.04
Excerpt: ... On July 18, 2018, Plaintiff Blake Bollen and a group of friends were walking around the perimeter of the point from Emerald Bay Beach to Shell Beach in the City of Laguna Beach. Without notice to plaintiff or anyone, a rock or portion of a rock formation fell upon plaintiff, traumatically severing his arm between the shoulder and elbow. The Second Amended Complaint consists of the following causes of action: 1. Premises liability – against Eme...
2020.10.28 Motion to Quash Subpoena (2)
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.28
Excerpt: ...d, Ramirez, Trester LLP. Facts/Overview: This is an elder abuse action. Plaintiff Betty Hansen is a resident of a residential care center operated by Defendants. Plaintiff suffers from dementia, is a fall risk, and requires assistance for all everyday activities, such as eating, bathing, use of bathroom, and ambulating. Plaintiff alleges that Defendants' staff dropped Plaintiff during a transfer, causing a compound hip fracture, and failed to doc...
2020.10.28 Motion to Quash Subpoena
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.28
Excerpt: ...r staff, clients, or their offices generally. Mr. Howe's duty, among other things, was to address and neutralize these security threats. Following his 8/2/19 termination, plaintiff continued to be “on call” for purposes of addressing security threats. He claims after his employment with PPPSW, Defendant continued to engage him for purposes of utilizing his services with full knowledge that his employment with PPPSW had ended. Plaintiff furthe...
2020.10.28 Motion for Summary Judgment, Adjudication (3)
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.28
Excerpt: ... at Manor Care of Fountain Valley. HCR Healthcare did not cause Ms. Reiprecht's alleged injuries. There is no evidence of any willful misconduct by Services. 2. One or more of the elements necessary to establish a cause of action under the California Elder Abuse and Dependent Adult Act (“Elder Abuse Act”) are not alleged and do not exist and, thus, evidence of a triable issue as to any material fact cannot be established. The undisputed facts...
2020.10.28 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.28
Excerpt: ... LLC, dba ManorCare Health Services (Fountain Valley), Westminster Villa, Inc., dba Westminster Villa [“Westminster”], Hoag Memorial Hospital Presbyterian (“Hoag”), Darrin Fryer, M.D., and Heartland Employment Services, LLC, for: (1) negligence / willful misconduct; (2) elder abuse and neglect; (3) wrongful death; (4) violation of Patients' Bill of Rights. Hoag and Fryer were subsequently dismissed from this lawsuit. The complaint alleges...
2020.10.28 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.28
Excerpt: ...her stay at Manor Care of Fountain Valley. HCR Manorcare Services did not cause Ms. Reiprecht's alleged injuries. There is no evidence of any willful misconduct by HCR Manorcare. 2. One or more of the elements necessary to establish a cause of action under the California Elder Abuse and Dependent Adult Act (“Elder Abuse Act”) are not alleged and do not exist and, thus, evidence of a triable issue as to any material fact cannot be established....
2020.10.28 Motion for Preference
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.28
Excerpt: ...Rs which, among other things, preclude lot owners from interfering with any drainage across his/her lot. The Lindstrom Defendants own a residence located at 1849 Avenida San Lorenzo, Fullerton, CA 92833. (“Lot 45”). The Nelson Defendants own the residence located at 1841 Avenida Del Norte, Fullerton CA 92833. (“Lot 46”). Plaintiffs allege that in the last three years, Defendants have denied that there was a view easement and allowed trees...

314 Results

Per page

Pages