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2020.10.15 Demurrer 231
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.15
Excerpt: ...e of limitations), counsel delivered the complaint to the e-filer Winston O'Malley. (Decl. of Barbara Ratliff, Esq., at ¶ 12.) O'Malley is the owner and operator of Cutting Edge Legal Services, LLC. (Decl. of Ratliff, at ¶ 6; Decl. of Winston O'Malley, at ¶ 4.) O'Malley mistakenly concluded that he had already e-filed the complaint in this action (Kellum v. Montoya, Case Number 30-2019-01108231). (Decl. of Ratliff, at ¶¶ 20-29; Decl. of O'Ma...
2020.10.08 Demurrer, Motion to Strike 429
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.08
Excerpt: ...f Gov. Code § 12940 et seq. All liability against a public entity such as the defendant must be based on statute or enactment and the plaintiff must plead every fact essential to the existence of that statutory liability with particularity. Searcy v. Hemet Unified School District (1986) 177 Cal.App.3d 792, 802. The first cause of action in the FAC is for disability discrimination under Gov. Code § 12940 et seq., which makes it unlawful for an e...
2020.10.08 Motion to Compel Arbitration 146
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.08
Excerpt: ...ider the additional evidence submitted by Plaintiffs in support of their Supplemental Brief because it violates the Court's September 3, 2020 Minute Order, which permitted the parties to submit supplemental briefing “not to exceed six pages,” “on the issue of whether the Plaintiff Entities that were not in existence at the Engagement Agreement was signed are bound by it.” (ROA 58.) The Court's Minute Order did not permit the parties to su...
2020.10.08 Demurrer, Motion to Strike 708
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.08
Excerpt: ...uñez-Bellamy, ¶¶ 3-11.) “If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading,” before filing a demurrer or motion to strike to the amended pleading. (Code Civ. Proc. § 430.41(a), 435.5(a); emphasis added.) Defendant attempted to meet and confer via email, but Plaintiff did not respond. Code Civ. Proc. § 430.41(b) provides that the dec...
2020.10.08 Motion for Summary Judgment, Adjudication 791
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.08
Excerpt: ...ts, heating units, etc. Both Maax and Groupe Gecko named Ron Roberts dba OC Spa and OC Spa (collectively “OC Spa”) as cross-defendants, seeking to recover under indemnity and contribution theories. OC Spa seeks summary judgment on Maax Spas and Groupe Gecko Alliance, Inc.'s cross- complaints for indemnity and contribution. Although OC Spa's notice of motion states that it is also seeking summary adjudication, it does not specifically state th...
2020.10.01 Motion to Compel Deposition 156
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.10.01
Excerpt: ... $31,680 against the plaintiffs and their attorneys of record is also denied. Analysis. Plaintiffs move for an order compelling responding non-party to comply with a subpoena for testimony and production of documents Responding party contends that the motion was improperly served on it and that it should be denied on this basis. The motion was originally filed on May 26, 2020 with a hearing date of August 13, 2020 (ROA 183). However, it was conti...
2020.09.24 Motion to Dismiss 771
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.24
Excerpt: ... rule is whether for any period of time “[b]ringing the action to trial, for any other reason, was impossible, impracticable, or futile. (Code Civ. Proc. § 583.340(c).) This exception to the requirement that case be brought to trial within five years of filing is recognized because purpose of five- year statute is to prevent avoidable delay. The exception makes an allowance for circumstances beyond plaintiff's control, in which moving case to ...
2020.09.24 Motion for Summary Judgment, Adjudication 146
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.24
Excerpt: ... declaration of expert Edward Ruzak. Defendant's evidentiary objections are all overruled. Discussion. Although the city purports to move in the alternative for summary adjudication as to three issues, the FAC only asserts a single cause of action against it. Therefore, because summary adjudication of an issue may “be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty”...
2020.09.24 Motion for Preliminary Injunction, to Recover Costs 639
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.24
Excerpt: ...declarations, supplemental declaration of Jennifer Serentelos and a declaration of Sarah Kellykilgore. New evidence is not permitted with reply papers and was not considered by the court in ruling on this Motion. The burden is on Plaintiff to show all elements necessary to support issuance of the injunction. O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1481. “A superior court must evaluate two interrelated factors when ruling on a r...
2020.09.17 OSC Re Preliminary Injunction 372
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.17
Excerpt: ...s GRANTED. The burden is on Plaintiff to show all elements necessary to support issuance of the injunction. O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1481. “A superior court must evaluate two interrelated factors when ruling on a request for a preliminary injunction: (1) the likelihood that the plaintiff will prevail on the merits at trial and (2) the interim harm that the plaintiff would be likely to sustain if the injunction we...
2020.09.17 Motion to Compel Further Responses, for Summary Judgment, Adjudication 673
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.17
Excerpt: ...t of form interrogatories and imposing a monetary sanction of $2025 against this plaintiff is denied. Under subdivision (a) of Code Civ. Proc. § 2030.300, on receipt of a response to a set of interrogatories, “the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of ...
2020.09.17 Motion to Compel Arbitration 313
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.17
Excerpt: ...e respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for rescission of the agreement. [¶] (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or serie...
2020.09.10 Motion for Summary Judgment, Adjudication 673
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.10
Excerpt: ...identiary objections of the plaintiffs are not considered by the Court because they do not comply with the mandatory format specified in CRC 3.1354(b). The evidentiary objections of the moving defendant to the declarations of Mr. Everlove, Dr. Shah, and plaintiff Anton Rosandic are all overruled. Analysis. The TAC contains two viable causes of action for negligence and loss of consortium. The TAC alleges that the moving defendant is a healthcare ...
2020.09.03 Demurrer 013
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.03
Excerpt: ...important fact was true; (2) that representation was false; (3) the defendant knew that the representation was false when the defendant made it, or the defendant made the representation recklessly and without regard for its truth; (4) the defendant intended that the plaintiff rely on the representation; (5) the plaintiff reasonably relied on the representation; (6) the plaintiff was harmed; and (7) the plaintiff's reliance on the defendant's repr...
2020.09.03 Application for Writ of Possession 136
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.03
Excerpt: ...ts is $50,000. Analysis. Plaintiff applies for a writ of possession concerning four Dodge Ram 5500 vehicles with all attachments and accessories. Plaintiff contends that the vehicles are in the possession of defendant Irvine Auto Towing. A writ of possession is an extraordinary pre-judgment (or post-judgment) remedy that allows a creditor to obtain physical possession of tangible personal property. As a pre- judgment remedy, it is used to seize l...
2020.09.03 Motion for Summary Judgment, Adjudication 156
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.03
Excerpt: ...ve motion for summary adjudication of both causes of action is also DENIED for the same reason. The Court declines to rule on the plaintiffs' evidentiary objections to defendants' evidence under Code Civ. Proc. § 437c(q) because the defendants' evidence is not material to its ruling on the motion. Analysis. Plaintiffs City of Costa Mesa and the People of the State of California move for summary judgment on their complaint as to all defendants. I...
2020.09.03 Demurrer 189
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.03
Excerpt: ...e elements for applying the doctrine to either an entire cause of action [claim preclusion] or one or more issues [collateral estoppel] are the same: (1) A claim or issue raised in the present action is identical to a claim or issue litigated in a prior proceeding; (2) the prior proceeding resulted in a final judgment on the merits; and (3) the party against whom the doctrine is being asserted was a party or in privity with a party to the prior p...
2020.09.03 Motion for Attorney Fees 549
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.03
Excerpt: ...uyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” It is Plaintiff's burden of proof to show the fees it incurred and that the fees were reasonably incurred. (Christian Resea...
2020.09.03 Motion to Compel Deposition 713
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.09.03
Excerpt: ...3, and 14. Plaintiff's request for sanctions is denied. Plaintiff contends that defendant's PMK, Robert Gerken, appeared for deposition on November 20, 2019 under the amended deposition notice served on October 15, 2019 and that he was unable to testify to many topics identified in the deposition notice and did not produce any documents. The person or persons designated by the entity must testify “to the extent of any information known or reaso...
2020.08.27 Motion to Compel Further Responses 823
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.27
Excerpt: ...g date of 4-16-20. They were continued by the Court to 7-16-20 At oral argument on 7-16-20, the Court continued the hearing on the motions to 8-27-20, which was when additional motions to compel were set for hearing. The Court instructed counsel to engage in meet and confer to narrow the issues. The Court indicated that it would inquire at the hearing on 8-27-20 whether a discovery referee should be appointed. On 8-10-20, plaintiffs' counsel file...
2020.08.27 Motion to Compel Arbitration, to Stay Proceedings 250
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.27
Excerpt: ... 2018, plaintiff Richard A. Jones (“R. Jones”) made an offer to buy the property located at 5058 Via Ingresso, Yorba Linda, CA (“Property”). (See Jones Decl., Ex. A.) The offer was made using the California Association of Realtors form titled California Residential Purchase Agreement and Joint Escrow Instructions (“RPA”). Defendants Brett R. Yaden, Darci Yaden, Brett A. Yaden and Melodie Yaden accepted the offer on March 5, 2018. (See...
2020.08.20 Motion to Quash Service of Summons 947
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.20
Excerpt: ....C.P. § 418.10(a).) Pursuant to the stipulation submitted by the parties and the court's signed order, Defendants in Intervention had until 6/12/20 to file their responsive pleading to the Complaint in Intervention (ROA 435), the instant motion was indeed filed on 6/12/20. Thus, the motion is timely. Merits. C.C.P. § 418.10(a) provides that: “A defendant, on or before the last day of his or her time to plead or within any further time that th...
2020.08.20 Motion to Compel Further Responses 537
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.20
Excerpt: ...d by Plaintiff Hussain Mohammed SPECIAL INTERROGATORIES SPECIAL INTERROGATORY NO. 26: IDENTIFY YOUR present employee in California who is most knowledgeable regarding YOUR warranty policies, including but not limited to any policies YOU may have had regarding the replacement or reimbursement of allegedly defective automobiles, during the RELEVANT PERIOD. RESPONSE NO. 26: FCA US will designate a corporate representative pursuant to California Code...
2020.08.20 Motion for Summary Judgment, Adjudication 673
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.20
Excerpt: ...l not be considered by the Court. Analysis. Defendants move for summary judgment on the third amended complaint, which contains two viable causes of action for negligence and loss of consortium. The TAC alleges that, on March 26, 2016, plaintiff Anton Rosandic presented to the emergency room of defendants' hospital in San Clemente complaining of severe pain in his shoulder and chest and of difficulty in breathing. (TAC, ¶ 13.) It alleges that th...
2020.08.20 Demurrer 322
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.20
Excerpt: ...extension of time via either stipulation or declaration. However, Plaintiff does not object to the demurrer as being untimely on behalf of Roham. So that objection is waived. The only argument raised as to timeliness is that Roham Inc. cannot demurrer because it already answered. C. Confusion as to Moving Party There was an error as to the moving party. The demurrer is captioned as being brought on behalf of Roham Inc. while in pro per. This was ...
2020.08.13 Motion for Summary Judgment, Adjudication 040
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.13
Excerpt: ...a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that 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 that cause of action or a defense thereto....
2020.08.13 Motion to Set Aside or Vacate Default 136
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.13
Excerpt: ...se, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. Doubtful cases are usually resolved in favor of granting relief: “Because the law strongly favors trial and dispo...
2020.08.13 Motion for Summary Judgment, Adjudication 661
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.13
Excerpt: ... one or more elements of the cause of action cannot be established or there is a complete defense. (CCP § 437c(a), (p)(2).) The scope of a moving defendant's initial burden is determined by the allegations of the plaintiff's complaint, as “the pleadings set the boundaries of the issues to be resolved at summary judgment.” (Oakland Raiders v. National Football League (2005) 131 Cal.App.4th 621, 648; FPI Development, Inc. v. Nakashima (1991) 2...
2020.08.06 Motion to Compel Production 863
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.06
Excerpt: ...provides that: “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too g...
2020.08.06 Motion to Compel Further Responses 947
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.06
Excerpt: ... private information of Pearhead employees that are not parties to this case. RFPs 47, 48, and 53 seeks documents regarding Pearhead's business, such as financial statements, insurance policies, and communications between Pearhead and non-party supply chain management companies. While a party need not always show a “compelling need” for the discovery, “when a discovery request seeks information implicating the constitutional right of privac...
2020.08.06 Demurrer, Motion to Strike 174
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.06
Excerpt: ...o the allegations of the First Amended Complaint, Plaintiff reported fraud to her management in the fall of 2018. Rather than take action, the County retaliated against Plaintiff by giving her a poor performance review, a demotion and a decrease in pay. Plaintiff then developed anxiety, depression and an adjustment disorder which necessitated an extended leave. When she was cleared to return to work in April 2019, the County informed her they cou...
2020.08.06 Demurrer 713
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.06
Excerpt: ... the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurr...
2020.08.06 Demurrer 041
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.08.06
Excerpt: ... of action), declaratory relief (3rd cause of action) and breach of fiduciary duty (4th cause of action). Defendants' demurrer is OVERRULED. Plaintiffs also request judicial notice. Meet and Confer Declaration The demurrer is accompanied by the requisite meet and confer declaration under Code of Civil Procedure §430.41. (See Declaration of Jessica N. Walker, ¶ 3.) Requests for Judicial Notice (“RJN”) Plaintiffs seek judicial notice of the s...
2020.07.30 Motion to Quash Discovery Subpoena 185
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.07.30
Excerpt: ... Burkhart, the owner of Hydroponics, and Amberlee Rails, Burkhart's sister and a former employee of Hydroponics. On 2/3/20, Route Four sued Burkhart, Rails and Hydroponics (now known and sued as Canop Holdings, LLC), alleging various breaches of the APA, including alleged breaches of non-compete and non-solicitation provisions. Route Four v. Burkhart, Case No. 30-2020- 01129185. Route Four alleged that Burkhart was using non-parties Luxx Lighting...
2020.07.30 Motion to Compel Compliance with Subpoena 686
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.07.30
Excerpt: .... Nicole Vincent and Dr. Grace Mucci, relating to Plaintiff Lunden David Peterson, dated after November 9, 2018 (the date of Plaintiff's alleged injury) through to the present. (¶10 of Complaint). This production is ordered to occur within 15 days-notice of this order. Initially, the Court finds the instant Motion was timely and accompanied by sufficient attempts to meet and confer, in compliance with C.C.P. §2025.480(b). Per the Declaration of...
2020.07.30 Motion for Change of Venue 633
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.07.30
Excerpt: ...tached to Motion to Transfer Venue)). Consequently, per C.C.P. §395(a), Plaintiffs were entitled to select any county in California, to proceed with their action. Nonetheless, pursuant to C.C.P. §397(c) a Court may, on motion, change the place of trial “[w]hen the convenience of witnesses and the ends of justice would be promoted by the change.” However, “a motion for change of venue on the ground of the convenience of witnesses will not ...
2020.07.23 Demurrer, Motion to Strike 531
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.07.23
Excerpt: ...as to the first cause of action as to PBK, only; OVERRULED as to the third and fifth causes of action; SUSTAINED without leave to amend as to the first cause of action as to Christine Kim, Phillip Kim, Young Sun Sunwoo, and Karen S. Lim; SUSTAINED without leave as to the second cause of action; and SUSTAINED with 20 days leave to amend as to the fourth cause of action. General Principles A demurrer presents an issue of law regarding the sufficien...
2020.07.23 Demurrer 322
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.07.23
Excerpt: ...ile a responsive pleading was 2/20/20 (30 days after service). (CCP § 430.40(a).) The demurrer was filed on 3/13/20 and there is no evidence of an extension of time via either stipulation or declaration. However, Plaintiff does not object to the demurrer as being untimely on behalf of Roham. So that objection is waived. The only argument raised as to timeliness is that Roham Inc. cannot demurrer because it already answered. C. Confusion as to Mo...
2020.07.16 Motion for Terminating Sanctions 445
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.07.16
Excerpt: ... Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evidence sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bentley Motors, ...
2020.07.16 Demurrer 298
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.07.16
Excerpt: ...urther, fails to sufficiently allege damage he, personally, suffered from the alleged breach. Olen demurs to the 3rd cause of action for Declaratory Relief on the ground that it is redundant of the 1st and 2nd causes of action. The contract claims (1st and 2nd causes of action): Civil Code section 1559 provides: “A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind i...
2020.07.09 Motion to Tax Costs 956
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.07.09
Excerpt: ...nt of $435,300.00 (ROA 465). (CCP § 1032(a)(4).) Thus, the questions here are (1) whether the CCP § 998 Offer to Compromise (“Offer”) served by Plaintiff on 4/17/17 in the amount of $100,000 to defendants Rubalcava and Lupercio jointly (McClaugherty Dec., ¶ 3.) is valid; and (2) whether the costs claimed are proper, reasonable and necessary. Whether the Offer is Valid and Reasonable? Defendant challenges the Offer on several grounds: (1) i...
2020.07.09 Demurrer, OSC Re Preliminary Injunction 611
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.07.09
Excerpt: ... Cal. App. 3d. 494, 501 (finding that the trial court properly sustained the demurrer to the fifth cause of action without leave to amend because it “contains, by necessary implication, all of the allegations of each of the preceding four alleged causes and thus adds nothing to the complaint by way of fact or theory of recovery”); Award Metals, Inc. v. Superior Court (1991) 228 Cal.App.3d 1128, 1134-1135 (claims for negligence and intentional...
2020.06.25 OSC Re Preliminary Injunction 983
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.06.25
Excerpt: ... of Hyung Kim dated May 21, 2020 are SUSTAINED because the declarations were not signed under penalty of perjury. Defendants' objections to Declaration of Hyung Kim are SUSTAINED as to paragraphs 10, 12, 13, 21, and 28 and OVERRULED as to the remaining paragraphs. The burden is on Plaintiff to show all elements necessary to support issuance of the injunction. O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1481. “A superior court must ...
2020.06.25 Demurrer, Motion to Strike 947
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.06.25
Excerpt: ...gations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of in- artfully drawn complaints, it remains essential that a complaint set f...
2020.06.25 Demurrer 823
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.06.25
Excerpt: ... negligent misrepresentation; and (9) unfair competition. The FAC alleges that plaintiffs have been providing addiction treatment services to defendant's insureds as out-of-network providers since 2012 and 2015 (FAC, ¶ 79) and that, beginning in 2016, defendants engaged in a pattern of unjustified denials and claim processing roadblocks to deny payment, underpay claims, or withhold payment to plaintiffs (FAC, ¶ 89). It alleges that plaintiffs' ...
2020.03.12 Motion to Strike or Tax Costs 231
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.03.12
Excerpt: ...um of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first.” Farah contends that Van Sickle and Cashman gave notice of the judgment on May 30, 2019, which makes the memo of costs filed on July 23, 2019 untimely...
2020.03.12 Motion for Summary Judgment, Adjudication 512
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.03.12
Excerpt: ...mit a Joint Stipulation agreeing to adjudication of the issues, along with Declarations which assert the Motion will further the interests of judicial economy. (C.C.P. §437c(t)(1)). Following compliance with these requirements, the Court is required to notify the parties whether the Motion will be permitted. (C.C.P. §437c(t)(2)). The record of this action does not reveal compliance with C.C.P. §437c(t). Thereafter, the Motion for Summary Judgm...
2020.03.12 Motion for SLAPP, OSC Re Preliminary Injunction, OSC Re Contempt 063
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.03.12
Excerpt: ...ullerton (“plaintiff” or the “City”) pursuant to Code of Civil Procedure §425.16, the “anti-SLAPP” statute. The second is a request by the City for an injunction prohibiting defendants from: (1) deleting, altering, or destroying documents from 20 Dropbox folders, (2) publishing or disseminating those documents, and (3) downloading data or further accessing City networks without permission. These motions - especially the second - have...
2020.03.12 Demurrer 798 (2)
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.03.12
Excerpt: ...demurrer to the cross-complaint (Exhibit 3); and (4) this court's October 17, 2019 tentative ruling on cross-defendants' demurrer to the cross-complaint (Exhibit 4). This court will take judicial notice of its tentative rulings and documents filed in this litigation (Exhibits 1, 3-4). (Evid. Code, § 452, subd. (d).) The court denies judicial notice of the letter/quote (Exhibit 2). Evidence Code section 452, subdivision (h) provides that judicial...
2020.03.05 Motion to Stay Proceedings 789
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2020.03.05
Excerpt: ...endants contend that the bankruptcy stay that is in place should be extended to them because of the nature of plaintiff's claims and their relationship to South Coast Behavioral Health, Inc. Plaintiff opposes the motion. Both sides cite numerous federal cases discussing the scope of the bankruptcy stay. These cases make it clear that, ordinarily, “unless the assets of the bankrupt estate are at stake, the automatic stay does not extend to actio...

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