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2021.04.05 Motion to Compel Compliance with Deposition Subpoena 149
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.04.05
Excerpt: ...ought under Code Civ. Proc. § 1987.1 (applicable to deposition subpoenas by Code Civ. Proc. § 2020.030). Nardone has established that Park was personally served with the deposition subpoena on 8- 6-20. (Exhibit A to Declaration of Joseph Ferrucci.) Nardone further established that Park served objections, and that Park stated in an email, “Given the objections we have served, I think the only fair reading is I do not intend to appear on Monday...
2021.04.05 Motion for Summary Judgment 907
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.04.05
Excerpt: ...ioCorRx cannot establish Pellecome commercially exploited or financially benefitted from BioCorRx's proprietary information. Issue Three: BioCorRx's claim for breach of contract (First Cause of Action) fails as a matter of law because Pellecome did not receive any confidential or proprietary information from BioCorRx. Issue Four: BioCorRx's claim for breach of contract (First Cause of Action) fails as a matter of law because BioCorRx cannot estab...
2021.04.05 Demurrer 522
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.04.05
Excerpt: ...Cal.3d 432, 439). “Consequently further allegations explaining how this fact of agency originated become unnecessary.” (Id.). Given the above, Defendants assertion Plaintiff is required to allege additional facts, outlining how the agency came to be, fails. Similarly, while Defendants suggest they cannot be found to be agents of Defendant FPG, they cite neither authority to support this conclusion nor alleged facts, which would support such a...
2021.03.29 OSC Re Preliminary Injunction 628
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.29
Excerpt: ...der the City of Santa Ana's Municipal Code (e.g., submitting a Site Plan and obtaining a building permit, etc.); (b) Compelling Defendant to resolve any and all City of Santa Ana Municipal Code violations at the Property, as set forth in the City's Notices of Violation and Administrative Citations to Deen, no later than 5 days from entry of the order; and (c) Compelling Defendant to correct any and all structural issues with the building on the P...
2021.03.29 Demurrer 464
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.29
Excerpt: ...ach of Written Contract Plaintiff Marie Bond is the daughter of 98-year-old Alice Kooiker, who has assigned her claims to Plaintiff by written assignment. Jack Stansbury, who died on 11/13/19, is Alice's son. Defendant Molly Stansbury is Mr. Stansbury's daughter. This case arises from an unpaid loan of $109,000 made in 2011 by Ms. Kooiker to Mr. Stansbury. The loan agreement was allegedly executed on 9/23/11. The loan was to be paid in installmen...
2021.03.29 Demurrer 426
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.29
Excerpt: ...igent Interference with Prospective Economic Advantage fail to state facts sufficient to constitute a cause of action because they were filed after the expiration of the two-year statute of limitations. As a general rule, the statute of limitations begins to run when a claim accrues, i.e., when it is complete with all of its elements—those elements being wrongdoing, harm, and causation. (Pooshs v. Philip Morris USA, Inc., (2011) 51 Cal. 4th 788...
2021.03.29 Demurrer 044
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.29
Excerpt: ...d Tonelli seek relief for the first and second causes of action against Fidelity, the demurrer is SUSTAINED with leave to amend as to these claims by Lunar Maria and Tonelli. The demurrer is SUSTAINED with leave to amend as to the third cause of action and the sixth cause of action. The Court grants Fidelity's request for judicial notice of its complaint in this case. The Cross-Complaint arises from the purchase of real property in Placentia by A...
2021.03.29 Special Motion to Strike 824
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.29
Excerpt: ... of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. [¶] (2) In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts ...
2021.03.22 Motion to Compel Deposition 149
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.22
Excerpt: ...under Code Civ. Proc. § 1987.1 (applicable to deposition subpoenas by Code Civ. Proc. § 2020.030). Nardone has established that Park was personally served with the deposition subpoena on 8-6-20. (Exhibit A to Declaration of Joseph Ferrucci.) Nardone further established that Park served objections, and that Park stated in an email, “Given the objections we have served, I think the only fair reading is I do not intend to appear on Monday. As to...
2021.03.22 Motion for Sanctions 590
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.22
Excerpt: ... monetary sanctions of $47,450 against Plaintiff and its counsel relating to Plaintiff's retention and use of a privileged letter in this litigation. Section 2023.030 reads, in pertinent part: “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sancti...
2021.03.22 Demurrer 265
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.22
Excerpt: ... the notice of ruling. The elements of fraud, which give rise to the tort action for deceit, are (a) misrepresentation; (b) knowledge of falsity (or “scienter”); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage. (Lazar v. Superior Ct. (1996) 12 Cal.4th 631, 638.) Fraud must be pleaded with specificity. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 878.) To ple...
2021.03.22 Motion to Compel Responses 643
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.22
Excerpt: ...with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” If a party on whom an inspection demand is served fails to make a response, the demanding party may move for an order compel...
2021.03.22 Motion to Quash Service of Summons 540
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.22
Excerpt: ...es.” Code of Civil Procedure section 418.10, subdivision (a)(1), provides, “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: [¶] (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” “A state court's assertion of personal juris...
2021.03.22 Motion to Vacate Arbitration Award, Demurrer 061
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.22
Excerpt: ...ball arbitration” to resolve the parties' dispute as to the amount of monthly rent to be paid by Plaintiff. Defendant did not participate in the arbitration, and under the Second Amendment to the lease, Plaintiff began paying a reduced rent based on the unilateral decision of the consultant/arbitrator selected by Plaintiff. Code of Civil Procedure section 1288 sets a 100-day deadline to file a motion to vacate or correct an arbitration award: �...
2021.03.15 Motion to Compel Further Responses 221
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.15
Excerpt: ...ge sums of money to Blech and his company, Defendant Secure Channels, Inc. Plaintiffs allege Blech diverted the money to another of his companies, Defendant Imperium Management, LLC, and used the money for improper purposes. Plaintiffs allege Blech falsely represented the financial condition of his company to obtain additional financing. In their cross-complaint, Defendants/Cross-Complainants Blech, Secure Channels, and Imperium Management allege...
2021.03.15 Motion to Compel Further Responses 149
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.15
Excerpt: ...ries. (Coy v. Sup.Ct. (1962) 58 Cal.2d 210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (2000) 22 Cal.4th 245, 255.) Cross-Complainant claims that the Special Interrogatories are straightforward and have not been properly responded to. Cross-Complainant further claims that the information is sought for expert analysis, damages evaluations and evidence of liability. In response, Cross-Defendant states the information is privileged (without citing any la...
2021.03.15 Motion to Compel Arbitration 271
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.15
Excerpt: ...use: “‘Unless the parties clearly and unmistakably provide otherwise, the question of whether the parties agreed to arbitrate is to be decided by the court, not the arbitrator.'” (Dream Theater, Inc. v. Dream Theater (2004) 124 Cal.App.4th 547, 551.) Defendants argue that the threshold issue of arbitrability was delegated to the arbitrator under AAA Consumer Arbitration Rule R-14(a). Defendants have, however, failed to submit a copy of the ...
2021.03.15 Motion for Summary Judgment, Adjudication 590
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.15
Excerpt: ...of the nonexistence of any triable issue of material fact . . . .”  Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.  “A prima facie showing is one that is sufficient to support the position of the party in question.” Aguilar, 25 Cal.4th at 851. A defendant moving for summary judgment may prevail on the motion in one of three ways: (1) by affirmatively negating at least one of plaintiff's essential elements; (2) by...
2021.03.15 Motion to Compel Production of Docs, for Monetary Sanctions 703
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.15
Excerpt: ...substance. All that is needed to be shown in the moving papers is that a set of written discovery requests was properly served on the opposing party, the time to respond has expired, and that no response has been served. (See Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.) If a party to whom requests for production were directed fails to serve a timely response, the propounding party may move for an order compelling response and for ...
2021.03.01 Motion to Quash Subpoena 590
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.01
Excerpt: ...oves to quash Plaintiff's Stars and Bars, LLC subpoena to Nationwide Mutual Insurance Company or, in the alternative, for an unspecified protective order re: the subpoena. The subpoena seeks twelve categories of documents including activity logs relating to the Riptide Claim; documents regarding payments made under the Riptide Claim, releases executed in connection with the Riptide Claim, documents between Nationwide and third parties regarding t...
2021.03.01 Motion for Summary Judgment, Adjudication 728
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.01
Excerpt: ... the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact e...
2021.03.01 Motion for Summary Judgment, Adjudication 181
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.01
Excerpt: ...s matter was set for March 8, 2021. However, on February 16, 2021, the Court granted Defendants Andrew Messiha, M.D. and Pain Medicine Associates' unopposed ex parte application to continue trial. At that time, the Court continued the 3/8/21 trial date to 6/7/21 and specifically ordered, “All discovery, expert, and trial related dates and deadlines will be based on the continued trial date.” Accordingly, the Court finds this motion to be time...
2021.03.01 Motion for Leave to File Complaint 864
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.01
Excerpt: ...ssory note underlying Plaintiffs' complaint was usurious in violation of the California Constitution. Code of Civil Procedure section 426.30(a) states, “Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross- complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any ...
2021.03.01 Demurrer 136
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.03.01
Excerpt: ...tate, LLC (“PML”) only. Plaintiff seeks dissolution of PML, an LLC he co-founded with Le in 2011. Plaintiff alleges the purpose of PML was “to purchase commercial property to be leased to business owners as tenants.” PML's Operating Agreement (“OA”) was executed in 2012 and is attached as Exhibit A to Plaintiff's First Amended Complaint (“FAC”). Under the OA, Plaintiff was Secretary of PML with a 49 percent membership interest, an...
2021.02.08 Motion for Summary Judgment, Adjudication 832
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.02.08
Excerpt: ... considered on its merits. A plaintiff meets its burden on summary judgment by proving each element of each of its causes of action. CCP § 437c(p)(1). If a plaintiff does so, the burden then shifts to the defendant. Here, the motion is unopposed. Even though there is no opposition, the court must still determine that Defendant met its burden of proof.  As one appellate court explained in Mosley v. Pacific Specialty Insurance Company (2020) 4...
2021.02.01 Demurrer 594
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.02.01
Excerpt: ...and its sales agent Defendant No Hoang for $20,000. At paragraphs 6 and 7 of the complaint, Plaintiff alleges Defendants sold her a bed for $20,000 “to cure her medical problems.” At paragraph 8, Plaintiff alleges, “The product advertized by Defendants in fact were not as described, being a defective product and not serving Plaintiff's the needs.” At paragraphs 9-11, Plaintiff alleges she requested a refund and rescission of the sale, but...
2021.02.01 Motion to Quash Business Records Subpoena 149
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.02.01
Excerpt: .... (hereinafter “Ital Catering”),and Spectrum Restaurant Management Group, LLC. (hereinafter “Spectrum”) (collectively referred to as Cross-Defendants) move to quash the subpoena on the grounds that the categories of documents requested are overly broad and seek items outside the scope of permissible discovery, and it seeks documents that are private, and the privacy rights outweigh any right to discovery. In Hill v. National Collegiate At...
2021.02.01 Demurrer, Motion to Strike 075
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.02.01
Excerpt: ...warranty, which includes automobiles. Civil Code §1794(a) states: “Any buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contract may bring an action for the recovery of damages and other legal and equitable relief.” Defendant argues that Plaintiff failed to adequately allege a contract for warranty by setting out the terms verbatim or attac...
2021.02.01 Motion for Summary Judgment 040
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.02.01
Excerpt: ...he tolling issue. The court also orders further briefing regarding the issue of lack of consideration, namely, whether the June Agreement is invalid merely because it was signed again at a different date but is identical to the May Agreement. Both sides shall file supplemental briefs on those issues, only, no later than 7 court days prior to the continued hearing date. No reply briefs will be permitted. The court further orders Plaintiff to provi...
2021.01.25 Motion to Stay 129
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.01.25
Excerpt: ...ant Norman S. Wright Climatec Mechanical Equipment of Southern California, LLC (“NSWC”). Sigler asserts that while he was still working for Sigler, Whitaker provided NSWC with Sigler's confidential trade secret information including internal pricing, bids, proposals and job information. Based on its assertions, Sigler alleges six causes of action against NSWC: (1) Misappropriation of Trade Secrets (Violation of Civil Code §§ 3426 et seq.); ...
2021.01.25 Motion to Set Aside or Vacate Dismissal 829
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.01.25
Excerpt: ...Homes by 8/30/19. Plaintiffs filed applications for service of these Defendants by publication in August 2019. On 8/30/19, the Court rejected these applications as deficient, and set a continued OSC re: Dismissal as to these Defendants for 11/15/19. Plaintiff filed revised applications for service by publication of Defendants Stevens, Navarez, and Pacific West Homes on 8/30/19, which the Court denied on 9/20/19 because Plaintiffs' application fai...
2021.01.25 Motion for Summary Judgment, Adjudication 737
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.01.25
Excerpt: ...ssible evidence on each element of a “cause of action” entitling him or her to judgment. (CCP § 437c(p)(1).) “Ordinarily, when an employee sustains a worksite injury, the exclusive remedy against his or her employer is provided by the workers' compensation law, and the employer is immune from a suit for damages. ([Labor Code,] §§ 3600, 3601, 3602, subd. (a). ) [(All further statutory references are to the Labor Code unless otherwise stat...
2021.01.25 Demurrer 643
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.01.25
Excerpt: ...nd as to the complaint of Lihua Xia and Xiao Qin Zhou. Second COA – Breach of Fiduciary Duty Defendant Chen contends the second cause of action is insufficient because Plaintiffs fail to allege the existence of a fiduciary duty between Defendant Chen and Plaintiffs. “A fiduciary relationship is ‘any relation existing between parties to a transaction wherein one of the parties is in duty bound to act with the utmost good faith for the benefi...
2021.01.25 Demurrer
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.01.25
Excerpt: ...part. “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of ...
2021.01.11 Motion to Compel Deposition 590
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.01.11
Excerpt: ...liminary issue, there was no minute order reflecting any order by this court during the 8/24/20 IDC directing Riptide's PMK deposition to be completed by the end of September 2020 as asserted by plaintiff. Under Code of Civil Procedure section 2025.410, a party may object to a deposition notice at least three days prior to the scheduled deposition date. (Code Civ. Proc., § 2025.410, subd. (a).) A party may also move for an order staying the taki...
2021.01.11 Motion to Amend Judgment 412
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.01.11
Excerpt: ...ted a declaration in which he states that counsel inadvertently only used one of the multiple folders that had accumulated over the course of litigation that contained receipts to calculate the costs provided to the Court as part of its Default Judgment Package. (Parke Decl., ¶ 3.) On September 21, 2020, Plaintiffs filed a Memorandum of Costs and Fees that request an additional $9,497.45. Plaintiffs contend that the court may amend the judgment ...
2021.01.11 Motion for Terminating Sanctions 652
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.01.11
Excerpt: ...posing monetary sanctions, and (5) awarding such other discovery sanctions as the Court deems appropriate, including issue and evidence sanctions. When a party fails to obey a court order, the full range of discovery sanctions becomes available. (Code Civ. Proc. §§ 2023.010(g), 2023.030.) The behavior justifying terminating sanctions includes repeated refusals to respond to discovery requests, violation of previous court orders, and destruction...
2021.01.11 Demurrer 872
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.01.11
Excerpt: ...t was that Plaintiff would contribute half of the down payment and half of the mortgage payment every month, as well as half of the upkeep on the home. Plaintiff would be a 50% owner of the property if he performed these obligations. At paragraph 6, Plaintiff alleges he relied on Defendant's promise and performed his contractual obligations. However, Defendant now claims 100% ownership of the property since Plaintiff is not on the title, and Defe...
2021.01.04 Motion to Strike Answer 592
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.01.04
Excerpt: ...end, a corporation is not a natural person, and therefore cannot appear in an action in propria persona. It can appear only through counsel. (Merco Const. Engineers, Inc. v. Municpal Court (1978) 21 Cal.3d 724, 731.) This prohibition stems from the notion a corporate representative who would likely appear on behalf of the corporation would be engaged in the unlicensed practice of law. (Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284 (Gamet).)...
2021.01.04 Motion to Compel Responses 858
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.01.04
Excerpt: ...eemed admitted, as well as for a monetary sanction” under § 2023.010 et seq. (Code Civ. Proc. § 2033.280(b).)“The law governing the consequences for failing to respond to requests for admission may be the most unforgiving in civil procedure. There is no relief under section 473. The defaulting party is limited to the remedies available in [CCP § 2033.280].” (Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 394- 395 (di...
2020.12.28 Motion to Quash Subpoena 590
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2020.12.28
Excerpt: ...ry sanction of $5400 against plaintiff and its attorneys. The Motion is DENIED as MOOT. To the extent that it is not moot the motion is DENIED. All request fors sanctions is DENIED. The subpoena is directed at Farmers Insurance Exchange (Exhibit A to moving papers) and asks for production of the following documents: · All DOCUMENTS RELATED to Policy Number 60585-19-38. · All DOCUMENTS RELATED to the policy referenced in the document attached as...
2020.12.28 Motion for Anti-SLAPP 540
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2020.12.28
Excerpt: ...he Declaration of J. Daniel Weidner because they are not material to the disposition of the Motion. Code of Civil Procedure section 425.16, subdivision (b), states, “(1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to s...
2020.12.14 Motion to Quash Service of Summons 634
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2020.12.14
Excerpt: ... the exercise of jurisdiction.” (See Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 449). “The plaintiff must provide specific evidentiary facts, through affidavits and other authenticated documents, sufficient to allow the court to independently conclude whether jurisdiction is appropriate. The plaintiff cannot rely on allegations in an unverified complaint or vague and conclusory assertions of ultimate facts.” (Strasne...
2020.12.14 Motion for Reconsideration, to Compel Production of Docs 242
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2020.12.14
Excerpt: ...ions relating to “Project Normandy” and “Operation Normandy.” The court notes that there is an inconsistency in its ruling as to Request Nos. 1 through 4 and 47 through 50, and therefore uses it inherent authority to reconsider and correct its prior rulings as to these Requests. (See Le Francois v. Goel (2005) 35 Cal. 4th 1094, 1109.) The court notes that the rulings are inconsistent because Coldwell Banker did not make the same arguments...
2020.12.14 Motion for Reconsideration to Seek Summary Judgment, Adjudication 759
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2020.12.14
Excerpt: ...LLCs (the “Prudential Defendants”) and (2) Dawn Coleman- Hyman. Upon reconsideration, the motion for summary judgment or summary adjudication brought by the Prudential Defendants, filed as ROA 51 on 10/16/19, is DENIED. Upon reconsideration, the motion for summary judgment or summary adjudication brought by Defendant Dawn Coleman-Hyman, filed as ROA 61 on 10/16/19 is DENIED. This action arises out of Plaintiff Alan J. Meister's purchase of an...
2020.12.07 Motion to Compel Production 858
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2020.12.07
Excerpt: ...e directed fails to serve a timely response, the propounding party may move for an order compelling response and for a monetary sanction. (Code Civ. Proc., § 2030.300 see Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) There is no time limit for serving a motion to compel when no responses have been served. (Sinaiko, supra, 148 Cal.App.4th at page 404.) Additionally, there is no meet and co...
2020.12.07 Motion to Compel Further Responses 242
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2020.12.07
Excerpt: ... the court's ruling on its own motion to reconsider the October 5, 2020 and November 2, 2020 Orders, as to Request Nos. 1-4 (Set Two) and Request Nos. 47-50 (Set One) which are set for hearing on December 14, 2020. In view of the complexity and frequency of the discovery disputes in this matter the court requests the parties to address the issue of appointment of a discovery referee at the hearing. 1. Production of Documents responsive to Request...
2020.12.07 Motion to Advance Hearing Date, for Terminating Sanctions 590
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2020.12.07
Excerpt: ...ortened time or continue trial will be discussed at time of hearing will be discussed at time of hearing. The options are (1) to specially schedule the MSJ on January 26, 2021 and permit the motion to be heard within 30 days of trial or (2) continue the trial date. The court cannot shorten the required notice periods set forth in CCP §437c. 2. Motion of Plaintiff, in the alternative, for orders: (1) advancing the hearing date on its MSJ and shor...
2020.12.07 Motion for Attorney Fees on Anti-SLAPP Motion 610
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2020.12.07
Excerpt: ... defendants request for attorney's fees and costs on the appeal of its Anti-SLAPP motion. (2) The court denies defendant's motion reconsideration/renewal of its first motion for attorney's fees and (3) the court awards attorneys fees for the instant motion. The court awards $29,082.75 in total in reasonably incurred fees and costs. Attorney's fees on Appeal Three defendants, TheWeatherman, Elaine and sem09 filed the anti-SLAPP Motion. The court d...
2020.11.23 Motion to Quash Subpoena, for Sanction 590
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2020.11.23
Excerpt: ...on (ROA 1624) is off calendar as MOOT. The objections to the declaration of attorney Alex L. Benedict filed by Crown Valley are all sustained with the exception of objection 8, which is overruled. Non-party Luxury Asset Lending, LLC, moves for an order quashing the subpoena for deposition testimony and production of documents served by defendant Crown Valley Holdings, LLC. Non-party also moves for an order imposing a monetary sanction of $3650 ag...

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