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2021.10.25 Demurrer 163
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.10.25
Excerpt: ... to pay the monthly mortgage, interest, taxes, etc., and so Plaintiff has been paying those too. Id¶16. Plaintiff also indicates he is in possession of the property as it is his family residence. As such, pursuant to Sutton v. Warner (1993) 12 Cal.App.4th 415, 422, these facts are sufficient to establish part performance to enforce the oral Joint Venture Agreement, and complaint is not barred by the SOF. Tentative Ruling: Demurrer to the entire ...
2021.10.18 Motion to Compel Production of Docs, Demurrer, Motion to Strike 752
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.10.18
Excerpt: ...cuments. On January 6, 2021, Plaintiff served by mail Request for Production of Documents, Set Two (“RFP2”). (Vu Decl. ¶ 14, Ex. 9.) On March 2, 2021, Defendant served by mail its unverified responses to RFP2. (Vu Decl. ¶ 15, Ex. 10.) Defendant's responses to Plaintiff's Requests consisted of boilerplate objections with no production of documents responsive to Plaintiff's Requests. (Id.). Although Moving Party indicates counsel met and conf...
2021.10.18 Motion to Compel Deposition, for Protective Order 193
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.10.18
Excerpt: ...rests of justice. See CCP§2019.020. Here, all parties concede there was an agreement that Plaintiff's deposition would take place after the Defendants' PMK deposition. (See ROA 20, Jacobsen Decl¶5). Furthermore, there is some evidence that at an informal discovery conference on 4-26-2021, the Court indicated the PMK deposition should go before the Plaintiff's deposition. (See Decl. of Romanini ¶¶4,15, Ex.I.) Therefore, it appears sequencing h...
2021.10.18 Motion for Summary Judgment, Adjudication 344
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.10.18
Excerpt: ...alifornia recorded on September 24, 1976, in the official records of the Orange County Recorder's Office pursuant to Evidence Code section 452(c). The Court takes judicial notice of the existence of these documents and their legal effect. but the court does not take judicial notice of the truth of the matters which might be deduced therefrom. (See, Ragland v. U.S. Bank Nat. Assn. (2012) 209 Cal.App.4th 182, 194.) Plaintiffs' Request for Judicial ...
2021.10.18 Demurrer 005
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.10.18
Excerpt: ...s, in the court's discretion, it will rule on the CCP § 431.30(g): “The defenses shall be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished.” Here, the defenses are asserted to the “Unverified Complaint” rather than to a particular cause of action. On 10/3/19, the court previously sustained a demurrer to the origin...
2021.08.23 Motion to Compel Further Responses, Production of Docs 516
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.08.23
Excerpt: ...or admission at issue are relevant and are not impermissibly duplicative, they are not in proper form. RFA, Set Three, Nos. 29-31 are not “full and complete in and of itself” pursuant to Code of Civil Procedure section 2033.060(d) as terms are defined by reference to the Lease. Tentative Ruling: The motion as to RFA, Set Three, Nos. 29-31, and corresponding Form Interrogatory No. 17.1 is DENIED. Special Interrogatories Tenant seeks further re...
2021.08.23 Demurrer, Motion to Strike 730
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.08.23
Excerpt: ... wall which Plaintiffs also contend is part of their Property. (See Complaint, ¶¶ 10-15.) These allegations merely support claims for trespass or encroachment and concern a dispute between neighbors as to where the exact boundary between their two properties exist. Welfare & Institutions Code section 15610.30(a) defines “Financial abuse” of an elder as occurring when a person or entity does, inter alia: “(1) Takes, secretes, appropriates,...
2021.08.16 Motion to Compel Deposition, Answers 749
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.08.16
Excerpt: ... conducted surveillance of Plaintiff; if so, date/time/place; who conducted the surveillance; who has copies of such surveillance; and the number of video hours or photographs obtained. Plaintiff contends these interrogatories seek information related to sub rosa and is discoverable pursuant to Suezaki v. Superior Court (1962) 58 Cal.2d 166. Defendant COUNTY OF ORANGE objected on the grounds of attorney work product doctrine and Evidence Code sec...
2021.08.16 Motion for Summary Judgment, Adjudication 103
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.08.16
Excerpt: ...ive, summary adjudication as to the First Cause of Action for Violation of the Uniformed Services Employment and Reemployment Act of 1994 (“USERRA”) [Issue Nos. 1 and 2], the Second Cause of Action for Violation of the California Military and Veterans Code (“CMVC”) § 394 et seq. [Issue Nos. 3 and 4], the Third Cause of Action for Discrimination in Violation of the Fair Employment and Housing Act (“FEHA”) [Issue Nos. 5 to 8], the Four...
2021.07.12 Motion for SLAPP 434
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.07.12
Excerpt: ...t testimony which MOOTS Objection Nos. 48-101. Defendant's Supplemental Declarations in support of the Reply. Defendant submitted nine supplemental declarations with the Reply. This new evidence is excluded by the Court as new evidence should not be filed with the reply papers. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-38.) Motion. Defendant failed to meet her initial burden of demonstrating that Plaintiffs Most Reverend Kevin Willia...
2021.07.12 Demurrer 766
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.07.12
Excerpt: ...s to the 1 st cause of action for Private Nuisance, Defendants do not argue there are insufficient facts to constitute a cause of action, but rather, that this c/a is a “clone” of the 4 th cause of action for Negligence; and therefore, should be dismissed. However, Plaintiff cites to Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2016) 6 Cal.App.5th 1207, 1222–1223, which provides, “When a pleader is in doubt about what ...
2021.06.18 Motion for Reconsideration 517
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.06.18
Excerpt: ...nd Tuan A. Nguyen (“Motion to Quash”) or the Motion to Strike the Cross-Complaint (“Motion to Strike”) (collectively, the “Motions”), or that the information he now submits could not, with reasonable diligence, have been discovered or produced before the hearing on March 1, 2021. (Code Civ. Proc. § 1008(a); In re Marriage of Herr (2009) 174 Cal.App.4th 1463, 1468; New York Times Co. v. Superior Court (2005) 135 Cal. App. 4th 206, 213...
2021.04.28 Motion to Set Aside or Vacate Default 573
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.04.28
Excerpt: ...Mortgage Corp. (“FFC”) fails to demonstrate lack of actual notice. Indeed, Gene O'Bryan, chief executive officer for ResCap Solutions Inc. (“ResCap”), which is the sole owner of FFC, states in his declaration that he was informed of the instant action on 11/27/20 (O'Bryan Decl. ¶ 4) – yet default was not requested until 12/22/20. CCP § 473(b) states that “[t]he court may, upon any terms as may be just, relieve a party or his or her ...
2021.04.28 Motion to Compel Further Responses 325
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.04.28
Excerpt: ...20. (See Jafari Decl., ¶¶ 4 and 7, Exh. B.) Although it appears disingenuous for Defendant to contend the Motion is untimely since the parties were meeting and conferring about these requests past November 29, 2020, there is no evidence that Plaintiff granted or that Defendant requested an extension beyond the 45-day time frame to move to compel further responses to the discovery. Even assuming arguendo, the Motion was timely, the Court would d...
2021.04.28 Application for Right to Attach Order, Writ of Attachment 546
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.04.28
Excerpt: ...nt, Houshang Jalili in the amount of $51,692.66 including estimated costs of $2,000 and allowable attorney fees of $5,000 are GRANTED. Both parties agree that Section 6201(1) of New York Civil Practice Law & Rules governs whether a writ of attachment is allowed under New York law, but disagree as to the interpretation of the statute. Plaintiff contends that Section 6201(1) allows for pre-trial writs of attachment as Defendants, Buy Insta Slim, In...
2021.02.10 Motion to Compel Deposition 196
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.02.10
Excerpt: ... Knowledgeable (“PMK”) to be deposed in accordance with Code of Civil Procedure section 2025.230. Plaintiff further moves this Court for an order awarding monetary sanctions in the amount of $2,860.00 against Defendant and its counsel of record, Erskine Law Group. APC, pursuant to Code of Civil Procedure, sections, and 2025.450, subdivision (g)(1), for Defendant's willful and unjustified failure to comply with the relevant code sections of th...
2021.02.10 Demurrer 110
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2021.02.10
Excerpt: ...icine, LLC (“Olympia”) and Bernice Natalie Mucius-Penha (“Dr. Penha”) (collectively “Cross- Complainants)'s Second Amended Cross-Complaint (“SACC”) on the ground that the third cause of action for forgery fails to state facts sufficient to constitute a cause of action and it is uncertain. Specifically, Cross-Defendant contends that forgery is not a civil cause of action under California law. However, the SACC alleges adequate facts ...
2020.08.27 Motion to Compel Production, Further Responses 776
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2020.08.27
Excerpt: ...by Defendant's counsel's “agent” – the insurance adjuster. Defendant contends that the statement was obtained on 6/11/19—not 4/16/19 and the Privilege Log inadvertently stated it was obtained on 4/16/19, the date of the accident. Defendant, however, failed to file a declaration attesting to these alleged facts. Coito v. Superior Court (2012) 54 Cal.4th 480, 494 only held that “a witness statement obtained through an attorney-directed in...
2020.08.27 Demurrer 705
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2020.08.27
Excerpt: ...of contract allegations into the cause of action (see FAC, ¶ 15) and alleges that “[a]s a result of Defendant's wrongful acts and breach of contract as alleged herein, Defendant breached the covenant of good faith and fair dealing…”. (See FAC, ¶ 16.) Despite Plaintiff's contention to the contrary, the First Amended Complaint does not allege that Defendant failed to cooperate with and interfered with the performance of the contract it had ...
2020.07.22 Demurrer 466
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2020.07.22
Excerpt: ...l act or omission), whichever occurs first. The statute applies to an action for malpractice as well as a breach of fiduciary duty arising out of the performance of an attorney's professional duties. [Citation.]” (Britton v. Girardi (2015) 235 Cal.App.4th 721, 732-733.) The statute of limitations may be tolled where the plaintiff has not sustained actual injury. (Code Civ. Proc. § 340.6(a)(1).) Plaintiffs have alleged facts showing that throug...
2019.12.9 Motion for Summary Judgment, Adjudication 180
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.12.9
Excerpt: ...msl, ¶¶ 15 and 16 indicate that Dr. Himsl cannot absolutely rule out, to a reasonable medical probability, that the stent procedure itself caused Plaintiff's injuries. Dr. Himsl does not expressly state that the stent placement procedural did not cause Plaintiff's injuries. Therefore, Defendant has not met his burden as to whether the stent removal procedure itself caused Plaintiff's injuries. As to the second cause of action for lack of inform...
2019.10.28 Demurrer 198
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.10.28
Excerpt: ...ut prejudice to plaintiff filing a properly noticed and supported motion pursuant to Code of Civil Procedure section 425.13. The complaint alleges claims for punitive damages for every cause of action except for the first cause of action for professional negligence. (Complaint, ¶¶ 30, 38, 46, 52, and paragraph 3 of the prayer for relief.) However, plaintiff's causes of action for second through fifth causes of action for intentional infliction ...
2019.10.28 Demurrer 283
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.10.28
Excerpt: ... Court Fees and an Order on Court Fee Waiver. (Declaration of Scott Feig (“Feig Decl.”), ¶ 2.) Plaintiff's counsel submitted the firm's credit card in the event the court denied the Request to Waive Court Fees. (Feig Decl., ¶¶ 3-4.) The order on the court fee waiver was issued on 11/28/18, and notice from the clerk of the court to pay the mandatory filing fee was served on 12/6/18. (Defendant's RJN, Exs. C and D.) On 1/7/19, defendant file...
2019.10.28 Motion to Quash Service of Summons 270
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.10.28
Excerpt: ...erior Court (2007) 148 Cal.App.4th 556, 570.) Personal jurisdiction may be general or specific. A nonresident defendant may be subject to general jurisdiction if his or her contacts with the forum are substantial, continuous and systematic. (See Vons Companies Inc. v. Seabest Foods, Inc. (1996) 14 Cal. 4th 434, 445.) Ouning presented evidence to establish that the Court does not have general jurisdiction over it, and NuWave has not presented suff...
2019.10.21 Motion to Strike 342
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.10.21
Excerpt: ...as to the 1 st CoA. Defendants American Golf Corporation and Root'n USA Corporation's Motion to Strike Portions of the Second Amended Complaint, is GRANTED, without leave to amend, as follows. Punitive damages are not recoverable under the ADA or the Unruh Civil Rights Act. Plaintiff is not entitled to punitive damages under the Unruh Civil Rights Act and the CA Disabled Persons Act. Civil Code section 52(a) is silent on exemplary damages and pro...
2019.9.9 Demurrer 879
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.9.9
Excerpt: ... Tania filed a “Declaration of Reply to Opposition to Jahangir Baroukh's Demurrer No. 1…” on August 30, 2019. However, it appears that Defendant Tania is not an attorney licensed to practice law in California and thus, she cannot appear on behalf of Defendant Jahangir. (See Bus & Prof Code § 6125 - No person shall practice law in California unless the person is an active licensee of the State Bar.) Accordingly, the reply on behalf of Defen...
2019.9.9 Demurrer 498
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.9.9
Excerpt: ...th, 9 th, and 10 th Causes of Action; SUSTAINED, with 20-days leave to amend, as to the 3 rd through 5 th and 8 th Causes of Action; and OVERRULED as to the 7 th Causes of Action as follows. As to the 2 nd cause of action for breach of implied warranty of habitability, this cause of action fails as a matter of law because Defendant was the real estate broker, not owner/landlord of the subject property at issue (See FAC, ¶¶ 3 and 4.). A breach o...
2019.7.8 Motion for Sanctions 459
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.7.8
Excerpt: ... Carlos Amezcua. Plaintiff Juan Carlos Amezcua filed a request for dismissal on 3/26/19, which the court entered that same day. (ROA 93.) The Motion is CONTINUED as to Plaintiff Luis Amezcua. Pursuant to CCP § 128.7(c)(1), a motion for sanctions cannot be filed until 21 days after it has been served in order to afford the party being served with the opportunity to correct the violation. Here, it is unclear whether Defendants have served the moti...
2019.7.8 Demurrer 552
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.7.8
Excerpt: ...nts contained in the court's records. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564.) The Court DENIES Defendant's request for judicial notice of Exhibits 2 through 6 on the grounds the exhibit are not properly authenticated and the exhibits are not relevant to the issues on demurrer. (See Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4 th 26, 45, FN9; see also Gbur v. Cohen (1979) 93 Cal. App. 3d 296, 301.) As to the 1 st cause ...
2019.7.1 Demurrer 120
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.7.1
Excerpt: ...s request for judicial notice of Exhibits 1 and 2 pursuant to Evidence Code section 452(d). However, the Court declines to take judicial notice of hearsay statements contained in the court's records. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564.) As to the 1 st through 3 rd Causes of Action as shareholder derivative claims, the Court OVERRULES the demurrer. The Court finds that the SAC has adequately alleged demand futility in paragraph 20 ...
2019.6.17 Motion to Compel Production of Docs, Further Responses 713
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.6.17
Excerpt: ... separate statement provide “all the information necessary to understand each discovery request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response.” Here, the “Separate Statement” submitted by the Mr. Weed does not comply with Cal. Rules of Ct., Rule 3.1345(c). It simply attac...
2019.6.17 Demurrer 133
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.6.17
Excerpt: ...pp.4 th 1228, 1238). Having done so, the Court finds sufficient factual allegations to support claims for conversion, either directly or via a theory of civil conspiracy. (See ¶29, ¶65, ¶69, ¶71 and ¶74 of TAC). “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer.” (See Quelimane Co. v. Stewart Titl...
2019.6.17 Motion to Compel Physical, Mental Exam 601
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.6.17
Excerpt: ...y associated with the physical injuries claimed,” and that he “will not present expert testimony regarding the usual mental and emotional distress at trial in support of his claim for damages.” (Carrillo Decl. ¶ 11, Exh. J [Exh. 2 attached thereto].) Moving Parties have not demonstrated exceptional circumstances to persuade the Court to grant the motion despite the stipulation. Further, Moving Parties do not sufficiently demonstrate how De...
2019.5.20 Motion to Quash Subpoena 516
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.5.20
Excerpt: ....App.3d 516, 528-530 [disapproved on other grounds in Williams v. Sup.Ct. (Marshalls of CA, LLC) (2017) 3 Cal.5th 531, 557 & fn. 8].) Defendant, however, fails to demonstrate that all of the documents sought e.g., communication regarding Plaintiff's employment application, promotions or demotions, employment contract, performance evaluations, status of employment and/or absence or tardiness records, are directly relevant to a cause of action or d...
2019.3.25 Demurrer 269
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.3.25
Excerpt: ...ll of Plaintiff's claims against Defendant arise from an alleged breach of the Litigation Guarantee contract. (See e.g., FAC, ¶¶ 1, 13-17, 21-33, 36-39, 45-47, 49-53, 57- 59.) The FAC, however, fails to adequately allege the contract, i.e., the Litigation Guarantee is not attached as an exhibit to the FAC and its material terms and conditions are not adequately alleged. While Plaintiff contends that such allegations are not necessary because De...
2019.3.25 Motion to Strike or Tax Costs 742
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.3.25
Excerpt: ...ependent Fire District(2015) 61 Cal. 4 th 97, 115; see also Huerta v. Kava Holdings, Inc. (2018) 29 Cal.App.5 th 74.) Therefore, in non-frivolous FEHA cases, the prevailing party cost provisions are express exceptions to section 1032, and section 998 does not apply as well. The Court finds that the Judgment entered on 12/13/18 needs to be amended to reflect that Defendant is not entitled to costs as the Court does not find that Plaintiff's action...
2019.3.11 Demurrer 203
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.3.11
Excerpt: ...ster Association's Special Motion to Strike Pursuant to Code of Civil Procedure Section 425.16 is GRANTED. Defendant has met its initial burden of making a prima facie showing that the 1 st, 2 nd, and 3 rd causes of action arise from “an act in furtherance of a person's right of petition or free speech under the United States or California Constitutions in connection with a public issue.” (See CCP § 425.15(e).) The causes of action arise fro...
2019.2.25 Demurrer 120
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.2.25
Excerpt: ...holder derivative claims, by failing to allege compliance with Corporations Code §800(d). In this instance, the Complaint alleges Defendants embezzled funds from Heyvoon, Inc. (See ¶16 of FAC). Additionally, the Complaint expressly alleges “Defendants have taken approximately $143,000 of money which belongs to Heyvoon, Inc….” (Id.). Indeed, continuous references to corporate property are included within the First through Third Causes of A...
2019.2.25 Demurrer 438
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.2.25
Excerpt: ...er a jury returned a not guilty verdict and the trial court ordered Plaintiff's release on May 15, 2017. (See SAC, Page 2, Lines 7- 13 and TAC, Page 1, Lines 18- 21.) However, the Third Amended Complaint and the exhibits attached thereto, fail to demonstrate that Plaintiff provided adequate facts or notice that he was complaining about a false imprisonment which occurred AFTER the not-guilty jury verdict and order of the court on May 15, 2017. Ra...
2019.2.25 Motion to Compel Arbitration and Stay Proceedings 773
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.2.25
Excerpt: ... Court Case No. BC590724, and the arguments raised by the parties on the grounds that they are not relevant for the purposes of the instant motion. Motion to Compel Arbitration: Defendant submits evidence that Plaintiff signed an arbitration agreement which requires Plaintiff's claims against Defendant in this action to be resolved by binding arbitration. (Declaration of Chelsey Banos at ¶¶ 2-3, Exhibits A-B.) Plaintiff, in opposition, does not...
2019.2.25 OSC Re Dismissal on Settled Case, Motion for Attorney Fees 569
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.2.25
Excerpt: ... attorney's fees. To the extent Plaintiff intended to seek fees pursuant to C.C.P. §874.020, there has been no showing the referenced fees were incurred for the mutual benefit of the parties, as opposed to “litigating purely controversial issues…” (See C.C.P. §874.020 and Stewart v. Abernathy (1944) 62 Cal.App.2d 429, 433). Alternatively, to the extent the instant Motion is brought pursuant to the Settlement Agreement, the request is prem...
2019.2.4 Motion to Compel Production 968
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.2.4
Excerpt: ...c. (No. 6) (collectively “Cross-Defendants”) to serve verified responses confirming full production of responsive documents; and compelling them to produce the documents response to RFP, Set No. Three, including specifically RFP Nos. 31-38 and 43; and monetary sanctions in the amount of $8,367.40 payable by Cross- Defendants and/or their counsel. Motions 2-6 are Denied without prejudice. Cross Complainants filed one motion failing to address ...
2019.1.28 Motion for Partial Relief from Order 679
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2019.1.28
Excerpt: ...dent relief pursuant to C.C.P. §473(b) and considered the previously unfiled Privilege Log (See Exhibit 1 of October 3, 2018 Motion), the Court shall now amend the September 17, 2018 order, such as to exempt from production the documents identified on Pages 5-10 and 54-57, in connection with the following cases: (1) Jones v. SCAC and Aaron Brower (18- 975904); (2) Jones v. SCAC and Aaron Brower (No. 18- 970065); and (3) Jones v. SCAC (18- 972679...
2018.8.13 Motion to Compel Discovery 085
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2018.8.13
Excerpt: ...of discovery and four distinct defendants in addition to requests for relief which were not the subject of the motion, i.e. depositions. In the future, the Court directs counsel to segregate each discovery request as it pertains to each defendant, and file appropriate motions. The Court will not entertain future motions which do not comply with this requirement. Motions seeking discovery responses in which no response has been received is a separ...
2018.8.13 Motion for Sanctions 687
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2018.8.13
Excerpt: ...o Form Interrogatory Nos. 9.1 and 9.2, if not already provided, and pay monetary sanctions in the amount of $1,360.00 within (30) calendar days. Based on the meet and confer correspondence between counsel, it appears that Defendants' failure to timely comply with the Court's May 21, 2018 Order was not willful, but caused by defense counsel's oversight and/or unavailability. Specifically, on June 25, 2018, defense counsel advised Plaintiffs' couns...
2018.8.6 Motion to Set Aside Default, Judgment 041
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2018.8.6
Excerpt: ...months after entry of default and on the last day by which Defendants could seek to have default vacated. Defendant concedes he returned to the United States in December of 2017. (See ¶3 of Myong Declaration). Thereafter, Defendant merely indicates he was “trying to catch up on [his] affairs.” (See ¶4 of Myong Declaration). Additionally, while Defendant claims to have been unaware of this action, stating that service of an unrelated matter ...
2018.8.6 Motion for Judgment on the Pleadings 126
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2018.8.6
Excerpt: ... timely filed by Plaintiff, and therefore the First Amended Complaint ceases to perform any function as a pleading. Defendant's Motion for Judgment on the Pleadings as to the First Amended Complaint is therefore MOOT. Defendant is ordered to file and serve an Answer within the next 10 (ten) days. Prevailing party to give notice. ...
2018.8.6 Demurrer, Motino to Strike 121
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2018.8.6
Excerpt: ...to support this cause of action. In the event, plaintiff does not amend within 15 days, defendants are ordered to file and serve their Answer to the first amended complaint. 2.Motion to Strike MOOT in light of the court's ruling on demurrer. Plaintiff to give notice as to both motions. ...
2018.7.30 Motion for SLAPP, to Quash 223
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2018.7.30
Excerpt: ...action arises from protected activity and that the facts of this case do not deal with conduct that is “illegal as a matter of law.” Plaintiffs have not demonstrated under the second prong of the analysis that their cause of action for attempted extortion is both legally sufficient and supported by a prima facie showing of facts that they will prevail on the merits. Plaintiff never paid any money to Defendants to prevail under Penal Code §51...
2018.7.2. Petition for Writ of Mandate 679
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2018.7.2.
Excerpt: ...arties are ordered to meet and confer regarding the same and file a Joint Statement, which identifies any documents in dispute and the basis of the disagreement, no later than August 14, 2018. This Joint Statement should provide the Court with sufficient information to resolve the issue of law or, at the least, to determine whether there exist questions of fact. (See Palmer v. Superior Court (2014) 231 Cal.App.4 th 1214, 1235). Moving party to gi...

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