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2023.08.14 Motion for Attorney Fees 271
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.14
Excerpt: ...and Larry Watkins' (collectively, “Plaintiffs”) move for an award of attorneys' fees in the amount $161,627.00, plus costs in the amount of $2,413.94 from Defendant Related Management Company, L.P. (“Defendant”). Defendant requests judicial notice of the following: 1. the Court's Minute Order in related matter Griffith v. Related Management Company, L.P., case number 2019-01091978, regarding Plaintiff Motion for Summary Adjudication issue...
2023.08.14 Demurrer 429
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.14
Excerpt: ...e plaintiff to use due care, breach of that legal duty, causation, and injury to the plaintiff. Holmes v. Summer, 188 Cal. App. 4th 1510, 1528 (2010). The existence of a legal duty is a question of law for the court. Id. at 1518. “The elements of a cause of action for premises liability are the same as those for negligence.” Castellon v. U.S. Bancorp, 220 Cal. App. 4th 994, 998 (2013). Whether to impose a legal duty to protect from injuries c...
2023.08.14 Application for Right to Attach Order, Writ of Attachment 587
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.14
Excerpt: ...is required to exercise its jurisdiction in a particular manner or subject to certain limitations, an act beyond those limits is in excess of its jurisdiction and void. Pacific Design Sciences Corp. v. Superior Court, 121 Cal. App. 4th 1100, 1106 (2004). Under Code of Civil Procedure § 483.010, attachment may be issued only if the claim sued upon is: (1) a claim for money based on a contract (express or implied); (2) the claim is for a fixed or ...
2023.08.07 Motion to Strike 697
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.07
Excerpt: ...of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike.” See CCP § 435.5(a). In this instance, it appears that the parties exchanged emails to address the underlying motion. The parties are advised, however, that email exchange is not an adequate meet and confer for purposes of the applicable statute. The above notwithstanding, Plaintiff failed to oppose the Motion to Strike. The Court m...
2023.08.07 Motion to be Relieved as Counsel of Record 416
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.07
Excerpt: ...all other parties have been served as well. The Court notes that the mandatory proposed order form was filed with respect to the Motion to be Relieved as Counsel for Lan Anh Nguyen. See ROA 89. However, no proposed order form has been filed with respect to Binh C. Nguyen. Accordingly, the Motions will be GRANTED, on the condition that Moving Attorney provide the mandatory Proposed Order Form (MC-053) with respect to Binh C. Nguyen at or before th...
2023.08.07 Motion for Summary Judgment, Adjudication 736
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2023.08.07
Excerpt: ...here is a complete defense to the cause of action. CCP § 437c(p)(2). The scope of this burden is determined by the allegations of the plaintiff's complaint. FPI Development v. Nakashima, 231 Cal. App. 3d 367, 381-382 (1991) (pleadings serve as the outer measure of materiality in a summary judgment motion). Once a defendant meets its prima facie showing, the burden shifts to the plaintiff to show by reference to specific facts the existence of a ...

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