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15908 Results

Location: Orange County x 
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2018.2.28 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.2.28
Excerpt: ......
2018.2.28 Demurrer
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.2.28
Excerpt: ...ause of action [false imprisonment]: Khoury's case reported in the news is not on point; Sustain without leave to amend; 5 th cause of action [piercing corporate veil]: This is not a proper cause of action or a claim upon which substantive relief can be granted; Sustain without leave to amend; 6 th cause of action [fraud]: Mvng Pty fails to allege justifiable reliance by Khoury; Further, Khoury's allegations are contradicted by exhibits; Sustain ...
2018.2.28 Motion for Leave to File Complaint
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.2.28
Excerpt: ...s. ...
2018.2.28 Motion for Leave to File Complaint 644
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.2.28
Excerpt: ...as of the effective date of this Agreement through the stipulated trial date, herein agreed between the parties, but not yet approved by the court, to commence on or about May 29, 2017.” Reply, Ex 1 However, at the time of the Stipulation, there was noconfirmed date for trial. Neither side addresses the issue of how the deadline to seek to reinstate Suzuki Motor of America is calculated, given that there have been multiple settings for trial, f...
2018.2.28 Motion for Reconsideration
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.2.28
Excerpt: ...s, circumstances, or law than those before the Court at the time of the original ruling; There is no affidavit stating the elements listed in CCP §1008(a); An unspecified emergency does not constitute a legal basis for a motion for reconsideration; Finally, Pltf also fails to demonstrate grounds for relief under CCP §473(b) as she does not show “mistake, inadvertence, surprise or excusable neglect”; No details of the emergency are provided ...
2018.2.28 Motion for Reconsideration (2)
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.2.28
Excerpt: ...ling; There is no affidavit stating the elements listed in CCP §1008(a); Pltf shows no grounds for reconsideration; Finally, Pltf also fails to demonstrate grounds for relief under CCP §473(b) as he does not show “mistake, inadvertence, surprise or excusable neglect”; Deny motion. ...
2018.2.28 Motion to Compel Production
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.2.28
Excerpt: ...-16: Parties also to meet and confer within 5 court days to agree on the procedure for the production of the proposed sample of 10 Workers' Comp claim files per Pltf. Sanctions: Deny as to both parties. ...
2018.2.28 Motion to Dismiss 734
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.2.28
Excerpt: ... Defendants thus ask the court to dismiss the action. “If those costs and fees are not paid within 30 days after service of notice of the transfer order … the court on a duly noticed motion by any party may dismiss the action without prejudice to the cause on the condition that no other action on the cause may be commenced in another court before satisfaction of the court's order for costs and fees. [Emphasis added.]” (CCP 399(a)) Plaintiff...
2018.2.28 Motion to Dismiss Action 756
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.2.28
Excerpt: ...and either party moves for dismissal.” Under subdivision (f)(4), the Court may dismiss a complaint as to a defendant “[a]fter a motion to strike the whole of a complaint or portion thereof is granted with leave to amend the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal. On November 8, 2018, the Court sustained a demurrer to the first amended complaint by defendants Soto and Walswick and ...
2018.2.28 Motion to Disregard Referee's Recommendations, Request for Sanctions 464
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.2.28
Excerpt: ...ns and shall thereafter enter appropriate orders. Nothing in this section is intended to deprive the court of its power to change the terms of the referee's appointment or to modify or disregard the referee's recommendations, and this overriding power may be exercised at any time, either on the motion of any party for good cause shown or on the court's own motion.” (CCP 643(c)) Attorney Charles Manh, who represents Anh Manh, objects to the refe...
2018.2.28 Motion to Strike
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.2.28
Excerpt: ... Partially Lift Discovery Stay Moot based on above. ...
2018.2.28 Motion to Strike, Tax Costs
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.2.28
Excerpt: ... on their MSJ/MSA – they are no more persuasive now; Strike/Tax Costs Continue to 3/14/18 to allow Judgment to be entered. ...
2018.2.28 Request for Attorneys' Fees
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.2.28
Excerpt: ......
2018.2.28 Demurrer 548
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.2.28
Excerpt: ...es and general principles relating to other fiduciary relationships, all help define the duty component of the fiduciary duty which an attorney owes to his [or her] client. [citations].” Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086–87 Plaintiff alleges the existence of a fiduciary relationship between him and moving Defendants based on the attorney-client relationship. (FAC at ¶ 86). Plaintiff alleges Defendants “owed plaintiff a f...
2018.2.27 Motion to Strike 228
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ...leading. [¶] (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” First, Plaintiff (Martha Johnson) filed a Notice of Non-Opposition to Defendant's Wells Fargo Motion to Strike Portions of Plaintiff's Second Amended Complaint. Plaintiff does not opposed Defendant's motion. Second, Plaintiff is limited to injunctive relief only pursuant to Civil Cod...
2018.2.27 Motion to Quash 745
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ...tice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” Code of Civil Procedure section 1987.1, subdivision (b), allows a witness to bring a motion to quash. The subpoena seeks the employment records of FLC present or former employees David Medina, Robert Voss, Frank Leyva, Christo...
2018.2.27 Motion to Compel Responses, Request for Admissions 740
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ...ure section 2033.250, subdivision (a), provides, in part, “Within 30 days after service of the requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .” Code of Civil Procedure section 2033.260, subdivision (a), explains, “The party requesting admissions and the responding party may a...
2018.2.27 Motion to Compel Further Responses 699
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.27
Excerpt: ...indicate what, if any, information is currently in Defendant's possession. (See Code Civ. Proc., §2030.300(a)(1).) Additionally, Defendant failed to support any of the objections asserted within the responses and it is unclear whether information has been withheld, on the basis of these objections. Notably, “if a timely motion to compel has been filed, the burden is on responding party to justify any objection.” (See Fairmont Ins. Co. v. Sup...
2018.2.27 Motion for Summary Judgment, Adjudication 473
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.27
Excerpt: ....App.4 th 1388, 1402). “Declaratory relief operates prospectively to declare future rights, rather than to redress past wrongs.” (See County of San Diego v. State (2008) 164 Cal.App.4 th 580, 607). “A declaratory judgment ‘serves to set controversies at rest before they lead to repudiation of obligations, invasion of rights or commission of wrongs; in short, the remedy is to be used in the interest of preventive justice, to declare rights...
2018.2.27 Motion to Vacate Dismissal 755
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ...licy of permitting trial on the merits' [citation]. [¶] It was his burden to demonstrate ‘that due to some mistake, either of fact or of law, of himself or of his counsel, or though some inadvertence, surprise or neglect which may properly be considered excusable, the judgment or order from which he seeks relief should be reversed.' [Citation.]” (Hopkins & Carley v. Gens (2011) 200 Cal.App.4 th 1401, 1410; italics in original.) “A party se...
2018.2.5 Demurrer, Case Management Conference 904
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.2.5
Excerpt: ...� 3426– 3426.10; Cacique, Inc. v. Robert Reiser & Co., Inc. (9th Cir. 1999) 169 F.3d 619, 624 (applying Calif. law); Accuimage Diagnostics Corp. v. Terarecon, Inc.(ND CA 2003) 260 F. Supp. 2d 941, 953–54 (applying Calif. law). The CUTSA, at §3426.7(b), preempts common law claims that are “based on the same nucleus of facts as the misappropriation of trade secrets claim for relief.” K.C. Multimedia, Inc. v. Bank of America Technology & Op...
2018.2.5 Demurrer 172
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.2.5
Excerpt: ...rties. If the party requesting that judicial notice be taken under Section 453 fails to provide the court with ‘“sufficient information,' the judge may decline to take judicial notice.” Commission Notes, Evid. Code, § 453. The court's electronic copy of the request for judicial does not indicate that the documents have been certified by the Recorder, or establish foundation by other means. ...
2018.2.5 Demurrer 484
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.2.5
Excerpt: ...to the first, second, third, and fourth causes of action based on the defense of in pari delicto is sustained. Although an exception to the in pari delicto defense exists when the parties to a fraudulent transaction occupy a fiduciary relationship and the fiduciary would personally profit from the wrongdoing (Sontag v. Denio (1937) 23 Cal.App.2d 319, 323–24; Clark v. Millsap, 197 Cal. 765, 783), Plaintiff does not allege sufficient facts to est...
2018.2.5 Demurrer, Case Management Conference 400
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.2.5
Excerpt: ...o an employee's right to bring a civil action for unpaid wages and overtime show that an employee may sue the Individual Defendants under Labor Code §558.1. The Labor Commissioner's jurisdiction over wage claims is not exclusive; actions may be brought by either the Labor Commissioner or the employee. See Labor Code §1194. Section 558.1 was added to the Labor Code as part of SB 558. This bill made amendments to a number of provisions. These ame...
2018.2.5 Demurrer, Motion to Strike 007
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.2.5
Excerpt: ... separate paragraph and state whether it applies to the entire complaint or to specified causes of action. Based on the memorandum of points and authorities, the court will proceed based on the assumption that Defendant intended to specially demur for uncertainty to the 2 nd- 5th causes of action and also specially demur to the 5th cause of action on the grounds it is duplicative. Defendant's special demurrers for uncertainty to the Second – Fi...

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