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15908 Results

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2018.2.16 Motion for Leave to Amend Complaint, Continue Trial 576
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ...g the matter of Service, to ensure that service is proceeding diligently. The Court will also continue the trial date and related dates to a date to be determined during this hearing. Plaintiff and the other parties are expected to proceed diligently with discovery as to the new defendant. All parties shall cooperate in providing new defendants with copies of any discovery pleadings promptly upon request. 2. Motion to Compel Depositions The Court...
2018.2.16 Motion to Compel Responses, Deem Admissions Admitted 197
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ...quests for Admissions admitted is also GRANTED. However, in the event Defendant serves proposed responses to the requests for admission that are in substantial compliance with CCP § 2033.220 before the time of the hearing, the Court will deny the motions. (CCP § 2033.280, subd. (c) [the court shall deem the matters admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on ...
2018.2.16 Motion for Leave to File Complaint 670
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.16
Excerpt: ...efusing a party leave to amend his pleadings so that he may properly present his case”. Morgan v. Superior Court (1959) 172 Cal. App. 2d 527, 530. Plaintiff is not changing the nature of this case, and his new claims are based on the same nucleus of operative facts. All of plaintiff's proposed new causes of action appear to be based on the same overall transaction and course of events. The amendment would not result in any undue prejudice to de...
2018.2.16 Motion for Preliminary Approval of Class Action Settlement 674
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.16
Excerpt: ... the notice of settlement to the class). The court sees no reason to require Class Members to file claims. Unless counsel can explain to the court why such a provision should be required, it will have to be deleted. The release language in the notice to class (p. 3) covers claims “that were or could have been alleged under California law based on the factual allegations contained in the First Amended complaint”, but the settlement agreement (...
2018.2.16 Motion for Reconsideration 632
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.16
Excerpt: ...y motion to be heard after the discovery motion cutoff date, the party must first file a motion under CCP §2024.050 for leave to have the motion heard after the discovery motion cutoff date, and must meet and confer over that issue. However, plaintiff filed its motions on September 25, 2017, 25 days before the last day for motions to be heard based on the November 6, 2017 trial date, which was October 20, 2017. Nonetheless, court congestion caus...
2018.2.16 Motion for Summary Judgment 003
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.16
Excerpt: ...ition precedent to coverage under such policy. See Brizuela v. Calfarm Insur. Co. (2004) 116 Cal.App.4 th 578, 590; Hickman v. London Assurance Corp. (1920) 184 Cal. 524, 529-30. As the Cross- Defendants failed to oppose the motion, they failed to meet their evidentiary burden to show the existence of a triable issue of material fact. The Motion is also granted as to the Petition. The court determination that there is no coverage for the Plaintif...
2018.2.16 Motion for Summary Judgment 102
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ...cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross- complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.” (Emphasis added). Worker's Compensation Exclusive Remedy Rule: “California's Worker...
2018.2.16 Motion for Terminating Sanctions 348
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.16
Excerpt: ...responses are tantamount to no responses at all. See, Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636. Also, this court ordered claimant Timothy Hughes to serve properly verified responses, without objections, to petitioner's form and special interrogatories on 9-22-17. (See, 9-22-17 Minute Order.) Claimant Timothy Hughes is being given a final opportunity to comply with this court's order of 9-22-17 by serving properly verified answers...
2018.2.16 Motion to Add New Parties as Judgment Debtors 180
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ...essor corporation to BWP. Authorires: Section 187 of the Code of Civil Procedure grants to every court the power to use all means to carry its jurisdiction into effect, even if those means are not set out in the code. Fairfield v. Superior Court (1966) 246 Cal.App.2d 113, 120. Under section 187, the court has the authority to amend a judgment to add additional judgment debtors. Dow Jones Co. v. Avenel (1984) 151 Cal.App.3d 144, 148. Judgments are...
2018.2.16 Motion to Compel 700
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.16
Excerpt: ...vacy extends to one's confidential financial affairs as well as to the details of one's personal life”].) In doing so, the Court expressly noted “relevant bank customer information should not be wholly privileged and insulated from scrutiny by civil litigants”; rather, the trial court should employ “certain procedural devices” to “fashion[] an appropriate order that will, so far as possible, accommodate considerations of both disclosu...
2018.2.16 Motion to Compel Bus. Records Subpoena 846
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ...iently persuasive to prevent the discovery at issue. The categories at issue are as to documents material to this litigation, and not otherwise available to MPs through less intrusive means. (Russo Decl. ¶¶ 2-15.) Some financial information as to Mr. Sivongsay may appear therein, but the right to privacy is not absolute, and in appropriate circumstances, must be balanced against other important interests. (John B. v. Superior Court(2006) 38 Cal...
2018.2.16 Motion to Compel Further Responses 206
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.16
Excerpt: ...ffs' unopposed Motion to Compel Further Responses to Special Interrogatories, Set One, is granted. Defendants Hyder M. Mukadam and Mukadam Medical Center, Inc. must serve full and complete responses, without objections, to Special Interrogatory Nos. 17, 21, 23, 25, 33-34 and 36-37 within 20 days. Defendant's requests for monetary sanctions are granted in the amount of $1,500 against defendants Hyder M. Mukadam and Mukadam Medical Center, Inc. and...
2018.2.16 Motion to Continue Trial 329
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.16
Excerpt: ...s should be prepared to address available trial dates for October, November, and December 2018. ...
2018.2.16 Motion to Set Aside Judgment 504
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.16
Excerpt: ...tion to set aside that judgment as void only if the judgment is void on its face. A judgment or order is said to be void on its face when the invalidity is apparent upon an inspection of the judgment-roll. When a judgment by default has been entered, the judgment-roll is limited to the summons, proof of service of the summons, complaint, request for entry of default, copy of the judgment, notice of any ruling overruling a demurrer interposed by t...
2018.2.16 Motion to Strike 900
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.16
Excerpt: ...uty against all Defendants. The court granted Plaintiff leave to amend after sustaining moving Defendants' demurrer to the third cause of action for breach of fiduciary duty in the SAC, reasoning in part that Plaintiff had not alleged that moving Defendants had a fiduciary duty to Plaintiff. (10/27/2017 Minute Order.) In the TAC, Plaintiff deleted moving Defendants from the breach of fiduciary duty cause of action which is now alleged against Def...
2018.2.16 Motion to Tax Costs, Request for Judicial Notice 580
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.16
Excerpt: ...l from the Judgment is consistent with the fact that plaintiffs should not be considered prevailing parties in this action. Defendant is ordered to give notice of the ruling unless notice is waived. ...
2018.2.2 Motion for Final Approval of Class Action Settlement, Award of Attorney's Fees 739
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ...e request for attorney fees and costs, please submit billing records or other detailed evidence to show the reasonableness of work performed. Furthermore, provide an allocation of the fees between the two firms, particularly since there are no hours attributed to the Gareeb firm. 2. Administrator fees of $5,000 for a class of 20 appear to be high and potentially unreasonable. At preliminary approval, the cost was estimated at $3,500, even though ...
2018.2.2 Demurrer 628
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ... action, and overruled as to the other causes of action. As to Plaintiff Varney, the demurrer is sustained with 15 days leave to amend as to all but the seventh and eighth causes of action; the demurrer is overruled as to the seventh and eighth causes of action. Defendants' request for judicial notice is granted. First Cause of Action for Violation of Homeowners Bill of Rights (“HBOR”) Civil Code section 2923.7 requires mortgage servicers to ...
2018.2.2 Demurrer 845
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ...9/28/15 and the Certificate of Dissolution filed 9/28/15. Defendants' request for judicial notice of documents filed with the Secretary of State of California granted. Judicial notice of the existence and filings of these exhibits is appropriate, as well as the clear legal effects thereof, pursuant to Evidence Code section 452, subdivisions (c) and (h), but not the truth of any matters asserted therein. (Fontenot v. Wells Fargo Bank, N.A. (2011) ...
2018.2.2 Demurrer, Motion for Summary Judgment or Adjudication 803
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.2
Excerpt: ...complaint, except as to matters which may be judicially noticed")). The Court will take judicial notice of the records of this case, as relevant to the discussion below. (CCP §452(d)). According to Defendants (citing Bennett v. Suncloud), the Court cannot consider the present demurer to the 7 defenses in their Second Amended Answer because it would be an improper reconsideration after the defenses were found to be sufficient in the last round of...
2018.2.2 Demurrer, Motion Strike 061
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.2.2
Excerpt: ...DEFENDANT HASSAN SAFARPOUR DBA MPH CONSTRUCTION COMPANY DEMURRER TO SECOND AMENDED COMPLAINT 6.DEFENDANTS M&M ENGINEERING DESIGN AKA M&M DESIGN FIRM AND VALERI KINLOV KARAKANOV DEMURRER TO SECOND AMENDED COMPLAINT 7.DEFENDANT M&M ENGINEERING DESIGN AKA M&M DESIGN FIRM AND VALERI KINLOV KARAKANOV MOTION TO STRIKE PORTIONS OF COMPLAINT Demurrer of Defendant Applied Geotechnical, Inc. Defendant Applied Geotechnical, Inc. (”AGI”) demurs to 9th (i...
2018.2.2 Demurrer, Motion to Strike 039
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.2
Excerpt: ...the exemplary damages is DENIED. As for Defendant Lam, the exemplary damages do not appear to be pleaded against him in the complaint so there is nothing subject to this motion. (See Compl. at ¶¶ EX-1 and -2). Plaintiff may file and serve an Amended Complaint within 10 days. Plaintiff is requested to clarify the matters below in the future pleading. The Demurrer It is not clear if the 2nd cause of action is meant to be alleged against Defendant...
2018.2.2 Demurrer, Motion to Strike 178
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.2
Excerpt: ...Second Cause of Action purports to state a claim against Hospital, among others, for “Ratification of Assault and Abuse.” To attribute intentional misconduct to an entity, at least for purposes of a punitive damages claim, the one who “ratified” the conduct must be an officer, director or managing agent of that entity. (Civ. Code §3294(b); Cruz v. HomeBase (2000) 83 Cal.App.4th 160, 167.) As Hospital notes in its Demurrer, Plaintiff has ...
2018.2.2 Motion for Determination of Fees, Motion to Vacate Attorney's Fees 965
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ...er Felix (collectively, “Plaintiffs”) for determination of prevailing party and for attorney fees (the “Fees Motion”) was continued from 12/15/17 to 02/02/18 to permit Plaintiffs to file supplemental papers in support of their companion motion to seal records. (ROA 2114.) Thereafter, Plaintiffs filed a notice of withdrawal of the motion to seal records. (ROA 2122.) Accordingly, the Court ORDERS the Clerk to place the Fees Motion (ROA 2061...
2018.2.2 Motion for Judgment on the Pleadings 017
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.2
Excerpt: ...lth & Safety Code §1297.5 and the 4th cause of action for Declaratory Relief is Denied in its entirety. A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer. The ground that the complaint fails to state a cause of action must appear on the face of the complaint or from facts judicially noticeable. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4 th 995, 999 It is apparent t...

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