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2024.05.16 Motion to Set Aside or Vacate Default and Judgment 108
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.16
Excerpt: ...n favor of the party seeking relief from default. Iott v. Franklin (1988) 206 Cal. App. 3d 521, 526. If a party moves promptly for default relief, or if the granting of the relief from default will not prejudice the opposing party (other than losing the advantage o f the default), only slight evidence will justify an order granting such relief. Ibid. For this reason, “a trial court order denying relief is scrutinized more carefully than an orde...
2024.05.16 Motion to Compel Arbitration 482
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.16
Excerpt: ...he existen ce of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the co ntroversy exists, unless it determines' there is a defense to enforcing the agreement. [Citation.] (Brodke v. Alphatec Spine Inc. (2008) 160 Cal.App.4th 1569, 1574.) “‘The petiti...
2024.05.09 Motion to Enforce Settlement 497
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.09
Excerpt: ...on motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” “A court ruling on a motion u nder CCP § 664.6 must determine whether the parties entered into a valid and binding settlement. A settlement is enforceable under section 664.6 only if the parties agreed to all ...
2024.05.09 Motion for Attorney Fees 866
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.09
Excerpt: ...d 13 parking spaces. The Malarky Parties asserted that the parking spaces are exclusively for their customers of Malarky's Irish Pub. All of their claims were dismissed on summary judgment or voluntarily excepting the declaratory relief and conversion claims. The case then proceeded to a bench trial on 8/16/23 for the first of several issue to be adjudicated in distinct stages. The bench trial determined the legal interpretation of the First Ame...
2024.05.09 Motion for Attorney Fees 254
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.09
Excerpt: ...lear.” Plaintiff resubmitted a copy of the declaration with a visible signature. (ROA 248 [Not. of Errata, Exh. B].) In light of the “corrected” declaration, Defendants' evidentiary objections are overruled. The Court may properly consider the Stelzer Declaration and exhi bits attached thereto. (Gall v. Smith & Nephew, Inc. (2021) 71 Cal.App.5th 117, 125.) Plaintiff moves, under Rules 8.278 and 3.1702, for an order fixing the amount of att...
2024.05.02 Motion to Set Aside, Vacate Default, Judgment 993
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.05.02
Excerpt: ...inst it on equitable grounds for extrinsic mistake. “Apart from any statute, courts have the inherent authority to vacate a default and default judgment on equitable grounds such as extrinsic fraud or extrinsic mistake.” (Bae v. T.D. Service Co. of Arizona (2016) 245 Cal.App.4th 89, 97.) In seeking relief, the moving party must: (1) “demonstrate that it has a meritorious case”; (2) “articulate a satisfactory excuse for not presenting a ...
2024.04.25 Petition to Confirm Arbitration Award 277
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.25
Excerpt: ...he hear i n g . C od e C i v. Proc. § 1 2 9 0 .2 . Wh ere th e a rb itrati on ag ree men t d oes n ot p rov i d e t h e m an n e r in which service shall be made and the person on whom service is to be made has not previously appeared in the proceeding and has not previously been served in a ccordance with section 1290.4(a) of the Code of Civil Procedure, for service in California the petition and notice of hearing must be served in a manner pro...
2024.04.25 Motion for Nunc Pro Tunc Order Deeming Petition to Vacate Timely Filed, to Quash Service of Petition 022
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.25
Excerpt: ...ward time ly filed. The Court heard these Motions on 3/28/24 but continued the hearing to allow for further briefing on Petitioner's new argument made for the first time at the hearing. (ROA 47) Petitioner argued that the Motion to Quash should be denied because th e "general appearance" waived any objection to jurisdiction made in Respondents' Motion to Quash. The Court now considers that briefing in addition to the original brie...
2024.04.19 Motion to Set Aside or Vacate Judgment 987
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.19
Excerpt: ...nspection of the judgment -roll, i.e., the face of the record as opposed to extrinsic evidence. (Trackman v. Kenney (2010) 187 Cal. App. 4th 175, 181.) This distinction may impact the procedural mechanism available to attack the judgment or order, when the judgment or order may be attacked, and how the party challenging the judgment or order proves that the judgment is void. (Pittman v. Beck Park Apartments Ltd. (2018) 20 Cal. App. 5th 1009, 1020...
2024.04.19 Motion to Compel Arbitration 235
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.19
Excerpt: ...imite d insurance coverage to protect against uninsured drivers or driver's whose insurance is insufficient to pay for the injuries or damage caused. Ins. Code, § 11580.2 Insurance protecting against a vehicle with no liability insurance is called “uninsured mot orist” (UM) coverage, and insurance protecting against a vehicle with limited liability insurance coverage is called “underinsured motorist” (UIM) coverage. Recovery under UM...
2024.04.11 Motion to Strike or Tax Costs 878
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.11
Excerpt: ... Kodaka, I nc., Kodania, Inc., Eiwa International, Inc., Apex Seafood, Inc., Ocean Green Seafood Inc., Blue Marine Seafood, Inc., Jade Equities, LLC, Shujen Ho, aka Jane Ho, and Chingying Chen (collectively, “Responding Defendants”) was electronically served on two s elf-represented litigants, Eiji Ota and Katoko Ota. It does not appear these two self -represented litigants affirmatively consented to electronic service. (Cal. Rules of Ct., Ru...
2024.04.11 Motion for Permission to File Late Tort Claim Against Governmental Entity 847
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.11
Excerpt: ...th 1236, 12631264, emphasis added.) Here, Petitioner claims injury on January 25, 2023. For claim filing purposes, six months means the longer of six calendar months or 182 days. (City of Pasadena v. Sup.Ct. (Jauregui) (2017) 12 CA5th 1340, 1346, fn. 4; Gonzales v. C ounty of Los Angeles (1988) 199 CA3d 601, 604). Six months from this date is July 25, 2023. Leave to file a late claim must be requested within a “reasonable time” and in no ev...
2024.04.04 Motion to Amend Judgment 136
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.04
Excerpt: ... A. Ju dgment Creditor can correct its name. A court of general jurisdiction has the power, after final judgment and regardless of lapse of time, to correct clerical errors or misprisions in its records, whether made by the clerk, counsel, or the court itself, so that the records will conform to and speak the truth. (Estate of Goldberg (1938) 10 Cal.2d 709, 713.) This inherent power is confirmed by statute. “The court may, upon motion of the ...
2024.03.28 Motion to Quash Service of Summons 022
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.03.28
Excerpt: ...(Law Offices of David S. Karton v. Segreto (2009) 176 CA4th 1, 9— § 1286 is mandatory in this respect.) A court has the power to vacate or correct an arbitrator's award on specific grounds. (CCP § 1286.) Unless a petition to correct or vacate the award has b een timely filed, the court must render a judgment confirming the arbitrator's award. [See CCP § 1286 —“the court shall confirm the award as made …”; see also Valsan ...
2024.03.21 Petition to Confirm Arbitration Award 283
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.03.21
Excerpt: ...f the petition. Code Civ. Proc. § 1290.6. Respondent Shrier has not filed a r esponse to the petition. Nor was any opposition filed despite the prior motion for continuance, and continuance granted, for purposes of filing an opposition. A petition to confirm an arbitration award must: (1) set forth the substance of or attach a cop y of the arbitration agreement; (2) set forth the name of the arbitrators; and (3) set forth or attach a copy of...
2024.03.21 Petition to Compel Arbitration 578
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.03.21
Excerpt: ... Company, Ford Motor Credit Company, LLC and Safeco Insurance Co mpany of America join the petition. The petition is granted in part and denied in part as discussed in detail below. The petition is granted as to Defendant Autonation Ford Tustin but denied as to the 5th cause of action for violation of the CLRA to the extent this claim seeks public injunctive relief. The joinder is granted as to Defendants Ford Motor Company, Ford Motor Credit Com...
2024.03.14 Motion to Enforce Settlement 875
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.03.14
Excerpt: ...Exhs., Exh. 2].) The settlement agreement provides, in relevant part, that: “No later than 45 days after execution of this Settlement Agreement, the Parties will jointly cooperate and cause to be performed the below described work of improvement for the mutual benefit of their adjoining Properties (the ‘Re medial Work')…” These competing motions were filed after the parties failed to “jointly cooperate” to cause the Remedial Work to...
2024.03.07 Motion to Compel Arbitration 047
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.03.07
Excerpt: ...ion consistent with the provisions of the arbitration agreement . The POS in this matter shows service by mail and email but absent an agreement to the contrary such service would not be code -compliant. However, respondent's counsel appeared at the prior hearing mooting the issue of service. Code Civ. Proc. §410.5 0; In re Marriage of Obrecht (2016) 245 Cal.App.4th 1, 7 -13 (finding appearance at hearing to be general appearance where no objec...
2024.02.29 Motion to Quash Service of Summons 654
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.02.29
Excerpt: ...earing shall name as respondents all parties to the arbitration, and othe rs bound by the award (Civ. Proc. Code, § 1285), and must set forth the grounds on which the request is made. (Civ. Proc. Code, § 1285.8). The petition must also set forth the substance of the arbitration agreement or have a copy attached, name the arbitra t o r, and set forth or have attached a copy of the award and the arbitrator's written opinion, if any. (Civ. Pro...
2024.02.22 OSC Re Entry of Judgment 907
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.02.22
Excerpt: ...quested amended judgment. Recovery of Attorneys' Fe es by Memorandum of Costs rather than Motion for Attorneys' Fees Typically, recovery of attorneys' fees that requires the court decide prevailing party or amount must be sought by way of a noticed motion. Plaintiff contends that this general rule does not apply here because she is seeking recovery of fees she is entitled to by statute. Code Civ. Proc. §1033.5 provides for the recovery of attorn...
2024.02.22 Motion to Compel Arbitration 047
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.02.22
Excerpt: ...th Code Civ. Proc. §1290.4. The basic provisions of the California Uninsured Motorist Act are embodied in Ins. C. §§ 11580.2 - 11580.5. California Insurance Code § 11580.2 requires insurers to provide coverage for bodily injury or wrongful death caused by uninsured or underinsured motorists. Subdivision (f) of § 11580.2 provides that if the insurer and the insured cannot agree whether the insured is legally entitled to recover damages from a...
2024.02.15 Motion for Summary Judgment, Adjudication 336
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.02.15
Excerpt: ...re is generally followed. First, it is determined whether the plaintiff may bring the suit and force the claimants to interplead. Second, if it is so determined, then the court will discharge the plaintiff from liability and “the action may proceed for the determination of the rights of the various claimants to the property which is then in the custody of the court.” (Weingetz v. Cheverton (1951) 102 Cal.App.2d 67, 80.) Once a judge determine...
2024.02.01 Petition to Confirm Arbitration Award 804
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.02.01
Excerpt: ...ion to compel arbitration. As an initial matter, the Court notes it is unclear whether service on respondent Dan Nguyen aka Dan Ngoc Nguyen aka Huu Dan The Nguyen (“Nguyen”) by mail and certiÞed mail with return receipt requested is proper. Petitioner previously represented to the Court that Nguyen no longer maintained a mailbox at the address where the current petition was mailed. (Diaz Decl. in Support of Application for Order for Service ...
2024.01.29 Motion to Set Aside or Vacate Default, Judgment 467
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.01.29
Excerpt: ...an v. White (2021) 71 Cal.App.5th 358, 371—“[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void” (internal quotes and citation omitted).] A defendant is under no duty to respond in any way to a defectively served summons. It makes no di¯erence that...
2024.01.29 Motion to Deem Cases Related 974
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.01.29
Excerpt: ... June 27, 2023 and denied the notice to deem related. [ROA 45] Also on November 15, 2023, the Naylonnavarette court (C32) issued a minute order and denied her ex parte application to relate the cases based on the minute order issued by the Nguyen court (C18). [2023-1322713, ROA 57] This motion ollowed. As a general proposition, one Superior Court judge is not permitted to reconsider an order o another Superior Court judge. The power o a judge ...

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