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2022.09.08 Motion to Quash Subpoena 715
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.09.08
Excerpt: ...n on the merits. (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) Further, the Court notes that Plaintiff, himself, failed to serve his opposing papers in a timely manner. However, the Court exercises its discretion to consider Plaintiff's untimely, opposing papers, because it realizes Plaintiff's tardiness was likely the result of the defect in notice. Accordingly, Plaintiff has not suffered any prejudice. On the merits, the motion is denied, ...
2022.09.01 Motion to Appear Pro Hac Vice, to Quash Subpoena 212
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.09.01
Excerpt: ...kaging West, LLC, as co-Counsel with Zachary A. Bulthuis, Esq. All of the requirements of CRC rule 9.40(a) through (e) are met. (See ROA 52, 69.) The Application is granted. B. Motion to Quash Subpoenas Before the court are third-parties Intellipax, Inc., Armon Medali, Sammy Medal, and Chelsea Medali's motions to quash subpoenas for documents and/or depositions issued by Plaintiff Nefab Packaging West, LLC in an out-of-state lawsuit between Plain...
2022.08.25 Motion to Quash Discovery Subpoena 440
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.08.25
Excerpt: ...plbaum (collectively, “Subpoenas”) by Judgment Creditor Judgment Recovery Assistance, LLC (“Judgment Creditor”). The subpoenaed parties are the legal representatives of Judgment Debtor Mark Ferry (“Ferry”). (Compton Decl., ¶ 8.) The Subpoenas seek financial information relating to Ferry and Flordeliza Labesores, aka Flordeliza Bantilan Labesores (“Labesores”), who appears to be Ferry's spouse. (Id.) On 7/28/2022, the hearing on t...
2022.08.18 Motion to Set Aside or Vacate Judgment 688
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.08.18
Excerpt: ...orro LLC v. Art of Gifting, Inc., a California Corporation, et al., Case No. 190900848. (ROA 9) The Utah Judgment is attached to the Application. (ROA 2). It states in relevant part that: Defendants Art of Gifting, Inc., Brian Chalmers Edwards, and Janet Marie Kirby ("Defendants"), have executed a Verified Confession of Judgment dated August 30, 2018, permitting the court to enter judgment against them, jointly and severally, and in favor of Plai...
2022.08.18 Motion to Compel Arbitration 508
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.08.18
Excerpt: ..., Brenda Ritter, and Kameshi Taylor to arbitration is GRANTED as to Crown Cove but DENIED as to all others. Pursuant to Code of Civil Procedure section 1281.97, Crown Cove is ORDERED to pay Petitioner's attorney's fees and costs for the arbitration, to be determined by the arbitrator and included in the arbitration award, even if Petitioner is not the prevailing party. Petitioner's request for attorney's fees and costs in the amount of $64,918.81...
2022.08.18 Motion for Default Judgment of Forfeiture 360
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.08.18
Excerpt: ...eing 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 governmental en...
2022.07.21 Motion to Quash Service, to Vacate Abstract of Sister State Judgment 862
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.07.21
Excerpt: ...s that the notice of motion must state the grounds for the order being sought and courts generally may consider only the grounds stated in the notice of motion. (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277.) The purpose of the notice requirements is to cause the moving party to sufficiently define the issues for the information and attention of the adverse party and the court. (Id.) Garcia's notice of motion only states that Garcia's “...
2022.06.30 Petition to Confirm Arbitration Award 174
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.06.30
Excerpt: ...chose not to respond to the Petition. (ROA 21) Legal Standard “The Mandatory Fee Arbitration Act (MFAA), under Business and Professions Code section 6200 et seq., provides a quick and inexpensive method for clients, at their option, to resolve fee disputes with their attorneys.” (Law Offices of Dixon R. Howell v. Valley (2005) 129 Cal.App.4th 1076, 1083; Bus. & Prof. Code, § 6200, subd. (c) [“Unless the client has agreed in writing to arbi...
2022.06.30 Motion for Attorney Fees 574
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.06.30
Excerpt: ...other court of record in the U.S.) Legal Standard Health and Safety Code section 17980.7(c) allows the enforcement agency to obtain the appointment of a receiver to take control of the property and to correct the violations. Specifically, it provides: “(c) The enforcement agency ... may seek and the court may order, the appointment of a receiver for the substandard building pursuant to this subdivision. (1) In appointing a receiver, the court s...
2022.06.23 Motion to Quash Subpoena 136
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.06.23
Excerpt: ... at issue, nor do they set forth the text of each request. “A motion to quash provides the trial court with the opportunity to determine whether documents should be produced pursuant to the underlying subpoena.” (In re R.R. (2010) 187 Cal.App.4th 1264, 1277, emphasis added.) The Court can hardly be called upon to quash “underlying subpoenas” that were not made a part of the record. In any event, the motions describe the subpoenas as reque...
2022.06.02 Motion to Reduce Voting Requirements
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.06.02
Excerpt: ...enants, Conditions and Restrictions (“Declaration”). (Petition, ¶3, Exs. A, B, and C.) The annual membership meeting is required to be held annually within thirty (30) days of the date in which fifty-one percent (51%) of the Lots were originally sold or within six (6) months after the sale of the first Lot, whichever occurred first. (Petition, ¶5, Bylaws Article IV, section 2.) Pursuant to Bylaw Article IV, section 6, the quorum for annual ...
2022.05.26 Motion to Compel Physical and Mental Exam, to Compel Arbitration 523
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.05.26
Excerpt: ...However, the court was not previously given the language of the Policy in order to determine whether the policy contains a method for appointing an arbitrator. Federal Insurance has now provided the relevant language. (ROA 51) The court confirms that it provides no method for selecting an arbitrator. CCP §1281.6 says that “If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek...
2022.05.26 Motion to Enforce Court Order 940
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.05.26
Excerpt: ...aniel Park. “Disobedience of any lawful judgment, order, or process of the court” is contempt of the authority of the court. (Code Civ. Proc., § 1209, subd. (a)(5).) “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience.” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) “A contempt proceeding [for i...
2022.05.26 Motion to Quash Service of Summons 738
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.05.26
Excerpt: ...ntiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction.” (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4 th 434, 449). “The plaintiff must provide specific evidentiary facts, through affidavits and other authenticated documents, sufficient to allow the court to independently conclude whether jurisdiction is appropriate. The plaintiff cannot rely on allegations in an unverified complaint or vag...
2022.05.19 Motion to Compel Answers
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.05.19
Excerpt: ... However, the Court denies the motion as to documents in categories nos. 2, 3, 5, 6, 11, 15, 19, 20 and 33 Judgement Debtor (Liveyon Labs, Inc.) has not responded to the motion. However, the JDE witness, Roya Panah has opposed the motion asserting primarily the Fifth Amendment privilege against self-incrimination. Panah also raises a procedural challenge asserting the motion “is improper and defective because [Judgment Debtor] has been forfeite...
2022.04.29 Petition to Allow Late Claim 756
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.04.29
Excerpt: ...en acted upon by the board, or has been deemed to have been rejected by the board…” Additionally, pursuant to Government Code §911.2(a), a claim for death or personal injury shall be presented “not later than six months after the accrual of the cause of action.” When a claim that is required by Government Code §911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a w...
2022.04.29 Motion to Designate Case as Complex 461
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.04.29
Excerpt: ... effective decision making by the court, the parties, and counsel.” (Cal. Rules of Ct., Rule 3.400(a).) “With or without a hearing, the court may decide on its own motion, or on a noticed motion by any party, that a civil action is a complex case or that an action previously declared to be a complex case is not a complex case.” (Cal. Rules of Ct., Rule 3.403(b).) Rule 3.400(b) provides: In deciding whether an action is a complex case under ...
2022.04.28 Petition to Allow Late Claim 769
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.04.28
Excerpt: ...ty and has been acted upon by the board, or has been deemed to have been rejected by the board…” Additionally, pursuant to Government Code §911.2(a), a claim for death or personal injury shall be presented “not later than six months after the accrual of the cause of action.” When a claim that is required by Government Code §911.2 to be presented not later than six months after the accrual of the cause of action is not presented within t...
2022.03.10 Petition to Publish Notice of Decision to Foreclose 829
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.03.10
Excerpt: ...ook title to the Property on July 9, 2012 and the Grant Deed was recorded in the Official Records of Orange County on July 27, 2012, as Document Number: 2012000429418 (Orey Decl., 16, Ex. B.) The CC&Rs were recorded in 1982. (Orey Decl., Ex. A.) Pursuant to Article IX, Sections 9.08, 9.25, and 9.26, of the CC&Rs, Respondent became obligated to pay periodic assessments to the Petitioner as of that date. (Orey Decl., ¶5, Ex. A.) Beginning on or ab...
2022.03.10 Petition for Determination that Late Claim Application was Filed 282
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.03.10
Excerpt: ...uit against a public entity.... [A] plaintiff must timely [present] a claim for money or damages [to] the public entity. (§ 911.2.) The failure to do so bars the plaintiff from bringing suit against that entity. (§ 945.4.)” [Citation.] ... [¶] ‘Claims for personal injury must be presented not later than six months after the accrual of the cause of action .... (§ 911.2, subd. (a).) ... [¶] ...' [¶] ... However, ‘if the injured party fa...
2022.03.10 Motion for Attorney Fees 645
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.03.10
Excerpt: ...ain language states that, if an anti-SLAPP motion is frivolous, then ‘the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” (Changsha Metro Group Co., Ltd. v. Peng Xufeng (2020) 57 Cal.App.5 th 1, 8). “Thus, the procedure of section 128.5 controls the award of attorney's fees for a frivolous anti-SLAPP motion.” (Id.). Similarly, the reference to C.C.P. §128.5 requi...
2022.03.10 Application to Reinstate Petitioner to Active Status 967
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.03.10
Excerpt: ...C and entered into a written agreement to dissolve and wind-up Petitioner. After filing the Certificate, Petitioner discovered Petitioner would be responsible for $26,250 in documentary transfer taxes. Petitioner's members now request Petitioner be reinstated. Government Code section 12261 provides as follows: (a) The Secretary of State shall reinstate to active status on its records, a business entity for which a court finds any of the following...
2022.03.03 Petition for Order of Service of Process by Publication 191
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.03.03
Excerpt: ...sq. and Demerie Edington CMCA, although referenced is both declarations. Further, the Petition and accompanying Application ask for an order to serve the Notice of Default and notice of the Association's vote to foreclose pursuant to Civil Code section 5705(d) by publication. However, the court is missing documents not referenced or included with the briefing. The first step in a residential common interest development's association imposing a li...
2022.03.03 Petition for Leave to File Action 651
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.03.03
Excerpt: ...PM for submission of further evidence demonstrating the timely filing of the disputed claim. Generally, the Government Claims Act (Gov. Code, § 810, et seq.) provides that no suit for money or damages may be brought against a local public entity until a written claim asserting the cause of action has been presented to the public entity and has been rejected or deemed rejected by it. (Gov. Code, §§ 905, 945.4.) The purpose of the Government Cla...
2022.02.03 Motion for Terminating Sanctions 708
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2022.02.03
Excerpt: ... two prior orders of this Court to provide requested discovery. The most recent order was issued on 9/16/2021 and warned that a subsequent failure to comply with that order to respond might result in a dismissal of the Claim and hence forfeiture of the funds in question (approximately $1482). The instant motion was initially heard on 1/13/22 and continued because Petitioner did not sufficiently demonstrate service upon Claimant of the 9/16/2021 n...

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