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Location: Orange County x
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2023.02.06 Motion to Bifurcate Trial, to Seal Exhibit
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2023.02.06
Excerpt: ...edition and economy.” Similarly, Code of Civil Procedure section 598 authorizes the court to order certain issues tried before others “when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby.” The ruling on a motion to bifurcate rests within the trial court's sound discretion, except for requests to bifurcate liability from punitive damage claims, which must ...
2023.02.06 Demurrer
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2023.02.06
Excerpt: ...awsuit against that entity.” (City of Stockton v. Superior Court (2007) 42 Cal.4 th 730, 738.) “[T]he claims presentation requirement applies to all forms of monetary demands, regardless of the theory of the action.” (Sparks v. Kern County Bd. of Supervisors (2009) 173 Cal.App.4th 794, 798.) Failure to comply with the Government Claims Act subjects the complaint to dismissal. (Janis v. State Lottery Comm'n (1998) 68 Cal.App.4th 824, 832.) �...
2023.01.30 Motion for Summary Judgment
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2023.01.30
Excerpt: ...tition in the Probate Action on February 18, 2021, seeking (1) to determine validity of trust amendments; (2) to cancel the deed recorded on April 7, 2020; (3) an order authorizing and directing transfer of property from third party claimant to the trust; (4) to assert a claim for financial elder abuse; and (5) double damages. Defendant's Request for Judicial Notice Defendant requests the court take judicial notice of nine items consisting of doc...
2023.01.30 Demurrer to FAC
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2023.01.30
Excerpt: .... Adequacy of Meet of Meet and Confer Efforts: The court questions the adequacy of the parties' meet and confer efforts in light of the court's prior ruling on the demurrer and motion to strike that another defendant filed challenging the same pleading. These concerns especially apply to the motion to strike. Defendant Adam M. Rucker, M.D.'s Demurrer to Plaintiff David Sadat's First Amended Complaint (“FAC”) For the reasons set forth below, t...

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