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2023.06.01 Motion to Amend Judgment 381
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.06.01
Excerpt: ... the descriptions of the real properties described in Exhibit 1 of the judgment, the court will ask Plaintiffs' counsel to confirm whether Defendants and Brookfield Sacramento were served with notice of the current hearing. If service and notice is confirmed, the court is inclined to grant the motion and grant the request for judicial notice as to nos. In summary, the recommendation is to grant the request for judicial notice as to nos. 1, 2, 4, ...
2023.06.01 Motion for Default, Judgment of Forfeiture 491
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.06.01
Excerpt: ...ompleted (i.e., the last stage being publication of the notice of seizure) to file a claim. Subsection (b)(l) goes on to state: "If at the end of the time set forth in subdivision (a) there is no claim on file, the court, upon motion, shall declare the property seized or subject to forfeiture pursuant to subdivisions (a) to (g), inclusive, of Section 11470 forfeited to the state. In moving for a default judgment pursuant to this subdivision, the ...
2023.05.25 Motion to Strike or Tax Costs 601
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.05.25
Excerpt: ...fendants Martin Fern and Linda Taylor-Fern, individually and as trustees of the Taylor-Fern Family Trust, and First Realm, LLC is GRANTED. "As used in [Code of Civil Procedure section 1032], unless the context clearly requires otherwise: (1) 'Complaint' includes a cross-complaint (2) 'Defendant' includes a cross- defendant, a person against whom a complaint is filed, or a party who files an answer in intervention. (3) 'Plaintiff' includes a cross...
2023.05.11 Motion to Set Aside or Vacate Default, Judgment 338
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.05.11
Excerpt: ... g, 2021, judgment for possession of the Premises was entered in favor of Plaintiff in the UD Action. (RJN, Ex. G.) On June 2, 2021, this action was filed against Defendant. (ROA 2) Tsoi failed to answer the complaint or appear. Default was entered on 8/16/21. (ROA 11) Wong appeared and filed an answer but the faced sanctions striking all affirmative defenses for failure to participate in discovery. (ROA 15, 57.) Defendants acknowledge that they ...
2023.05.11 Motion to Compel Answers 749
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.05.11
Excerpt: ...ng papers to set forth specific facts showing good cause justifying the discovery sought by the inspection demand. To establish "good cause," the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent sur...
2023.05.11 Motion for Leave, to Compel Neuropsychological Exam 694
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.05.11
Excerpt: ... of the person or persons who will perform the examination...and be accompanied by a meet and confer declaration under Section 2016.040." (Code Civ. Proc., S 2032.310(b).) The moving party must show good cause for the mental examination. (Code Civ. Proc., S 2032.320(a).) If the Court grants the motion, the order "shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedure...
2023.05.04 Motion to Set Aside or Vacate Dismissal 494
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.05.04
Excerpt: ... settlement is an unlawful penalty. See Graylee v. Castro (2020) 52 Cal.App.5th 1107, 1118; Vitatech Internat., Inc. v. Sporn (2017) 16 Cal.App.5th 796; Creditors Adjustment Bureau, Inc. v. Imani (2022) 82 Cal.App.5th 131, 135-136; and Gormley v. Gonzalez (2022) 84 cal.App.5th 72, 82, 89. Otherwise, the motion meets the requirements of Code Civ. Proc. S 664.6. Code Civ. Proc. 664.6 provides: "If parties to pending litigation stipulate, in a writi...
2023.05.04 Motion for Attorney Fees 629
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.05.04
Excerpt: ...etween the Members, whether or not resulting in litigation, the prevailing party shall be entitled to recover from the other party all reasonable costs, including, but not limited to, reasonable attorneys' fees and costs." (Lewis Decl., II 13, Ex. 3.) Petitioners request fees that were incurred in connection with both their Petition to Confirm the Arbitration Award, and Respondent's subsequent appeal. California Rules of Court, Rule 3.1702 (b)(l)...
2023.04.27 Petition to Confirm Arbitration Award 914
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.04.27
Excerpt: ...nership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818—no authority to alter terms of award absent petition to correct; Weinberg v. Safeco Ins. Co. (2004) 114 Cal.App.4th 1075, 1083-1084 (disapproved on other grounds by Barnett v. First Nat'l Ins. Co. of America (2010) 184 cal.App.4th 1454, 1460-1461.) Here, the Petition is timely brought pursuant to CCP S 1288 and CCP 1288.4 (no sooner than 10 days, nor later than four years, af...
2023.03.23 Motion to Compel Compliance with Subpoena Duces Tecum, for Sanctions, for Contempt 978
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.03.23
Excerpt: ...and (iii) holding him in contempt [ROA #521), is granted in part and denied in part. Order Compelling Production According to Judgment Creditor's motion, it is focused on Judgment Debtor's credit card statements. Most importantly, Defendant did not produce any of his Chase Bank or Capital One credit card records at his Judgment Debtor Exam. These documents are crucial because Defendant claims to have made no income in the last five years, but som...
2023.03.02 Motion for Terminating Sanctions 973
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.03.02
Excerpt: ...On October 6, 2022, the Court ordered Claimant to respond to provide initial responses to Form Interrogatories, Set One, and Special Interrogatories, Set One, without objections within 30 days of notice. (ROA 18) The People served a Notice of Ruling served on October 7, 2022, notifying Claimant of the Court's Order. (Mosh Decl., Ex. 1.) Claimant never provided responses. (Mosh Decl., ¶7.) Further, he has failed to oppose this Motion. Legal Stand...
2023.03.02 Motion for Default, Judgment 874
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.03.02
Excerpt: ...ast stage being publication of the notice of seizure) to file a claim. Subsection (b)(1) goes on to state: “If at the end of the time set forth in subdivision (a) there is no claim on file, the court, upon motion, shall declare the property seized or subject to forfeiture pursuant to subdivisions (a) to (g), inclusive, of Section 11470 forfeited to the state. In moving for a default judgment pursuant to this subdivision, the state or local gove...
2023.02.02 Motion to Reassign Case 125
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.02.02
Excerpt: ...atter was returned from the Court of Appeal with the trial court's order granting a new trial on all issues affirmed, the Presiding Judge reassigned the case to Judge Deborah C. Servino in Department C21. Defendants and Cross-Complainants did not object to the reassignment at that time. Rather more than two years later on December 20, 2022, they filed a motion to reassign case for trial. The motion is premised on their contention that the perempt...
2023.02.02 Motion to Compel Further Responses 895
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.02.02
Excerpt: ...espondent Fernando Vergel Dedios' further verified responses to special interrogatories is also denied as moot. It appears from Petitioner's notice of Non-Opposition that adequate further responses were served to all of the interrogatories at issue on 11/16/22. (ROA 33, at 3:15-17.) As a result, the motions are moot, except for the issue of sanctions, which is discussed below in connection with all three discovery motions. (1) MOTION TO COMPEL FU...
2022.12.22 Petition to Compel Arbitration 363
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.12.22
Excerpt: ...itration agreement alleging the existence 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 controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation...
2022.12.22 OSC 844
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.12.22
Excerpt: ...86) 186 Cal.App.3d 1006, 1010). “However, the privilege may not be asserted by merely declaring that an answer will incriminate [citation removed]; it must be ‘evident from the implications of the question, in the setting in which it is asked, that a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result.” (Id. at 1010-1011). “It is not enough that the ...
2022.12.06 Motion to Compel Further Responses 745
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.12.06
Excerpt: ... claims injuries in 2019, 2017, and 2014, where she subsequently made claims against Petitioner for underinsured motorist coverage. There is only one opposition and one reply filed in case number 2022-01239745. The task of reviewing these two Motions was rendered far more difficult for several reasons. Petitioner filed six different motions between the three cases but there appear to only be two set for hearing on 12/1/22 and one unknown motion s...
2022.12.06 Motion to Compel Further Responses 580
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.12.06
Excerpt: ... claims injuries in 2019, 2017, and 2014, where she subsequently made claims against Petitioner for underinsured motorist coverage. There is only one opposition and one reply filed in case number 2022-01239745. The task of reviewing these two Motions was rendered far more difficult for several reasons. Petitioner filed six different motions between the three cases but there appear to only be two set for hearing on 12/1/22 and one unknown motion s...
2022.10.27 Motion to Set Aside or Vacate Default, Judgment 498
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.10.27
Excerpt: ... from default under CCP § 473(b) on grounds of “mistake, inadvertence, surprise, or excusable neglect”. The motion for discretionary relief must be filed within 6 months after the clerk's entry of default. The motion is ineffective if filed thereafter, even if it is within 6 months after entry of the default judgment (these are separate procedures. Where relief is sought from a court order enforcing a procedural time limit, the six-month per...
2022.10.13 Motion to Vacate 288
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.10.13
Excerpt: ...o set forth the pertinent procedural history of this matter.  In 2017, a court trial was held on the Cross-Complaints. On 7/25/17, the court issued a tentative decision finding in favor of Bilkis Khan on both cross-complaints, and ordered the court clerk to release to Bilkis Khan the sum of $9,244.85 of the funds deposited with the court by interpleader. [ROA 126.]  Thereafter, the Judgment was executed on 8/18/17, and the original Statemen...
2022.10.13 Motion to Tax Costs 899
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.10.13
Excerpt: ...fendant cites to C.C.P. §473.5; however, as Judgment was entered on August 13, 2014, more than 2-years prior to the instant motion, relief pursuant to C.C.P. §473.5 is unavailable. (Trackman v. Kenney (2010) 187 Cal.App.4 th 175, 180). Pursuant to C.C.P. §473(d), however, “[t]he court may…on motion of either party after notice to the other party, set aside any void judgment or order.” Additionally, “a default judgment entered against a...
2022.10.13 Motion to Set Aside or Vacate Default, Judgment 551
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.10.13
Excerpt: ...d judgment or order. Code Civ. Proc. § 473(d). Under section 473, subdivision (d), the court may set aside a default judgment which is valid on its face, but void, as a matter of law, due to improper service.” Hearn v. Howard (2009) 177 Cal. App. 4th 1193, 1200 (quoting Ellard v. Conway (2001) 94 Cal. App. 4th 540, 544). Section 473(d) provides relief from both the entry of default and a default judgment. Cal. Prac. Guide Civ. Pro. Before Tria...
2022.10.13 Motion for Leave to Amend 906
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.10.13
Excerpt: ...e Nero is allegedly PNR's “alter ego.” The Court declines to consider the opposition by Respondent PNR Marketing Solutions, LLC (“PNR”), because there is no dispute that PNR is currently a “suspended” entity; and, there is no evidence that it has been “revived.” (See Rev. & Tax. Code, § 23301; Casiopea Bovet, LLC v. Chiang (2017) 12 Cal.App.5th 656, 662.) Nevertheless, the Court considers the opposing papers to the extent they we...
2022.09.29 Motion to Enforce Settlement 612
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.09.29
Excerpt: ...��If the court determines that the parties entered into an enforceable settlement, it should grant the motion and enter a formal judgment pursuant to the terms of the settlement.” (Id). “The statute expressly provides for the court to ‘enter judgment pursuant to the terms of the settlement.” (Id.). “The power of the trial court under Code of Civil Procedure section 664.6…is extremely limited.” (Hernandez v. Board of Education (2004)...
2022.09.08 Petition to Confirm Arbitration Award 609
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.09.08
Excerpt: ..., 9—§ 1286 is mandatory in this respect). Unless a petition to correct or vacate the award has been 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 Partners Ltd. Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818—no authority to alter terms of award absent petition to correct; Weinberg v. Safeco Ins...

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