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2021.11.18 Motion for Leave to Amend Judgment 509
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.11.18
Excerpt: ...its jurisdiction into effect. [CCP § 187.] “As a general rule, ‘a court may amend its judgment at any time so that the judgment will properly designate the real defendants.'....” (Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508.) Usually, such amendments are: (1) to add a nonparty alter ego as a judgment debtor (see Tokio Marine & Fire Ins. Corp. v. Western Pac. Roofing Corp. (1999) 75 Cal.App.4th 110, 116; Hall, Goodhue, Haisley & ...
2021.11.18 Motion for Default, Judgment of Forfeiture 670
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.11.18
Excerpt: ...operty or personal property worth more than $25,000 is subject to a judicial forfeiture proceeding. Under judicial forfeiture procedure, the attorney general or a district attorney may file a petition for forfeiture of property: (1) in the superior court of the county where the defendant has been charged with the underlying offense; (2) in the county where the property subject to forfeiture has been seized; or (3) if no seizure has occurred, in t...
2021.11.18 Motion for Leave to Amend Judgment 100
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.11.18
Excerpt: ...nhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 752.) To utilize this “equitable” procedure, the court must find that “the new party must be the alter ego of the old party,” and, “in order to satisfy due process concerns, the new party must have controlled the litigation.” (Cal. Civ. Prac. Business Litigation § 5:29, citations omitted; McClellan v. Northridge Park Townhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 752 [“Suc...
2021.10.20 Petition to Publish Notice of Board's Intent to Foreclose 307
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.10.20
Excerpt: ...e CC&Rs: “The Declarant ... and each Owner of a Lot or Condominium, by acceptance of a deed therefore ... is deemed to covenant and agree to pay to the Master Association the following Assessments which are levied by the Master Association against such Owner's Lot or Condominium: . . . shall also be the personal debt of the Owner of such property at the time when the Assessment became due.” Beginning on or about September 15, 2019 Respondent ...
2021.10.20 Motion to Set Aside or Vacate Dismissal 068
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.10.20
Excerpt: ...ing to counsel's declaration, the defendant has been notified of Plaintiff's intent to seek to have the complaint reinstated and does not object. The question is, however, whether the court has the power to grant the relief requested under Code Civ. Proc. § 473 where the court clerk has voided the complaint's filing for failure to make timely payment. In two cases, the California Supreme Court and a court of appeal have found that when the court...
2021.10.14 Petition and Application for Assumption of Jurisdiction Over Unauthorized Law Practice 340
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.10.14
Excerpt: ...the verified Petition in this case because she was merely practicing as a paralegal and not an attorney. She offers no evidence whatsoever to support this conclusion and fails to challenge the significant evidence provided by the Interim Chief Trial Counsel of the State Bar of California. Business & Professions Code § 6125 prohibits any one from practicing law in CA unless the person is an active member of the California State Bar. Giving legal ...
2021.09.30 Motion to Compel Fidelity Transfer 390
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.09.30
Excerpt: ...0 et seq.), a money judgment obtained in another state may be filed with a California court and a California judgment immediately entered thereon. The judgment so obtained is fully enforceable in California (subject generally to a 30-day stay after service of notice of entry on the judgment debtor. (Conseco Marketing, LLC v. IFA & Ins. Services, Inc., (2013) 221 Cal. App. 4th 831, 837- 838—SSMJA provides expeditious and economical registration ...
2021.09.30 Motion to Compel Compliance 940
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.09.30
Excerpt: ...re section 2031.320, subdivision (a), if a party filing a response to a demand for inspection, coping, testing, or sampling fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance. There is no fixed time limit on a motion to compel compliance as agreed. Standon Co., Inc. v. Superior Court (1990) 225 Cal.App.3d 898, 903; s...
2021.09.30 Motion for Attorney Fees 046
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.09.30
Excerpt: ... she obtained against Tiger Loans, and requests this amount be included an amended judgment against Tiger Loans. “The statutes and rules distinctly address three different types of costs and fees: prejudgment costs, including attorney fees where authorized by contract, statute or law (§ 1033.5, subd. (a)(10)), are recovered through procedures established under section 1034, subdivision (a) and rules 3.1700 and 3.1702(b); appellate costs and fe...
2021.06.24 Petition to Compel Arbitration 359
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.06.24
Excerpt: ... file a Proof of Service which demonstrates compliance with this provision; however, Respondent has appeared in this action and opposed the Petition on other than jurisdictional grounds. (Fireman's Fund Ins. Co. v. Sparks Construction, Inc. (2004) 114 Cal.App.4 th 1135, 1145). “A general appearance by a party is equivalent to personal service of summons on such party.” (Id.). “A general appearance operates as a consent to jurisdiction of th...
2021.06.24 Petition to Abate Substandard Building and Appointment of Receiver 049
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.06.24
Excerpt: ... Trust Dated April 26, 2019. On February 25, 2021, the City issued the Notice to Abate pursuant to Health and Safety Code section 17980.6. (Code Decl., ¶¶ 20-22; Decl. of L. Moy, Ex. 2.) The Notice to Abate specifies the following thirty (30) violations of law that exist at the Subject Property. Since the issuance of the Notice to Abate, the Owner has failed to take any significant action to remedy any of the thirty (30) violations or health an...
2021.06.17 Motion to Strike 168
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.06.17
Excerpt: ..., which “is a comprehensive scheme defining and setting penalties for crimes involving controlled substances.” (Ramirez v. Tulare County Dist. Attorney's Office (2017) 9 Cal.App.5 th 911, 925 (Ramirez).) The purpose of the forfeiture statutes is to remove the tools and profits from those engaged in the illicit drug trade. (Id.) The statutory procedures for forfeiture are set forth in Health & Safety Code sections 11488.4 and 11488.5, which pr...
2021.05.20 Motion for Determination of Active Participation 689
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.05.20
Excerpt: ...concert with an ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of acts constituting the enjoined public nuisance, having a common name or common identifying sign or symbol and whose members individually or collectively engage in the acts constituting the enjoined public nuisance. The participation or acting in concert must be more than nominal...
2021.05.20 Motion to Expunge Mechanics Lien 210
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.05.20
Excerpt: ...aring. As explained by the Court in Lambert v. Superior Court (1991) 228 Cal.App.3 rd 383, an “owner need not wait until the claimant sues to enforce the lien; the imposition of that lien, and the owner's denial of its validity, comprise a controversy sufficient to permit an immediate suit for declaratory relief.” (Id. at 386). “Such a declaratory relief action can claim priority on the calendar of the trial court.” (Id.). “Thus by fili...
2021.05.20 Motion to Compel Deposition 713
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.05.20
Excerpt: ...ourt has exclusive jurisdiction to resolve discovery disputes. (Insurance Code § 11580.2(f); Miranda v. 21st Century Ins. Co. (2004) 117 Cal. App. 4th 913, 920–921.) Here, Respondent has met all procedural requirements for this Motion. Respondent has been attempting to depose Dr. Whitaker since 2015, with recent efforts in 2020 by videoconference because of Covid-19. When Dr. Whitaker did finally respond on October 27, 2020, he agreed to volun...
2021.02.25 Petition to Confirm Arbitration Award 884
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.02.25
Excerpt: ...Record (2008) 162 CA4th 431, 450 (citing text.)]. Here, Swift Financial, LLC has filed a Complaint for this relief. However, the court will construe the Complaint (the first cause of action) as a petition to confirm the arbitration award because there is no prejudice to Defendants/Respondents BaDa International Inc. dba Simply Pure American and dba Simply Pure USA and dba Chung Ho USA, and Edward Park. (See Landis v. Pinkertons, Inc. (2004) 122 C...
2021.02.25 Motion to Enter Renewal of Judgment 515
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.02.25
Excerpt: ...er Directing the Clerk to Enter Renewal of Judgment Judgment Creditor asks the court for a nunc pro tunc order renewing the Judgement, originally entered on 8/9/10, pursuant to the renewal application submitted on 10/15/20, which was rejected by the Clerk on or about 11/4/20. Judgment Creditor argues that Governor Gavin Newsom issued Executive Order N-33-20 (the “Stay at Home Order”) on March 19, 2020 which prompted the total and complete cou...
2021.02.11 Motion for Entry of Judgment 615
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.02.11
Excerpt: ...opy of the findings and order, decision, or award of the appeals board with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity therewith…” The Court lacks jurisdiction to grant Petitioners' request under the foregoing, because Petitioners are requesting different relief from that provided for in the Workers Compensation award. Specifically, the award was made against only Respondent...
2021.02.04 Petition to Compel Arbitration 017
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.02.04
Excerpt: ...itration agreement. Subsequently, the instant petition was filed, whereby Petitioner now moves to compel arbitration, and requests that the Court enter an order declaring that Petitioner is a “consumer,” as is defined by Code Civ. Proc., § 1280(c), that the arbitration shall be administered as a “consumer arbitration,” and that JAMS administer the arbitration pursuant to its Rules. The problem is that Respondents did not consent to arbit...
2021.02.04 Motion for Reclassification 951
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.02.04
Excerpt: ...the parties (the “Motion”) is GRANTED, in part, DENIED, in part, as follows. Pursuant to CRC Rule 3.400, a case can be designated as complex if it meets one of more of the following factors: (1) Numerous pretrial motions raising difficult or novel legal issues that will be time- consuming to resolve; (2) Management of a large number of witnesses or a substantial amount of documentary evidence; (3) Management of a large number of separately re...
2021.01.28 Motion for Attorney Fees 827
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.01.28
Excerpt: ...n remained. The court granted summary judgment in favor of Defendant on 2/13/20, (ROA 165), and entered Judgment accordingly on or about 3/19/20, (ROA 177). By this motion, Defendant requests an award of $192,263 in attorneys' fees, as the prevailing party under an agreement with an attorneys' fees provision. Attorneys' fees are allowed as costs to the prevailing party when authorized by contract, statute, or law. (Code Civ. Proc. § 1033.5, subd...
2021.01.15 Motion to Amend Judgment 186
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2021.01.15
Excerpt: ...ed an alter ego to be valid against that alleged alter ego, the Court must have jurisdiction over that party. Milrot v. Stamper Medical Corp. (1996) 44 Cal.App.4th 182, 186. “Normally jurisdiction is acquired by service.” Id. When a new party is added after judgment, due process requires that this party be given opportunity to contest liability before judgment is entered against it. Cal. Judges Benchbook Civ. Proc. After Trial § 3.93, citing...
2020.09.24 Motion for SLAPP 435
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.09.24
Excerpt: ... foundation, hearsay, improper expert opinion, and irrelevant testimony. The court grants Defendant's unopposed Request for Judicial Notice. “Anti-SLAPP motions are evaluated through a two-step process. Initially, the moving defendant bears the burden of establishing that the challenged allegations or claims ‘aris[e] from' protected activity in which the defendant has engaged. [Citations.] If the defendant carries its burden, the plaintiff mu...
2020.09.24 Demurrer 002
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.09.24
Excerpt: ...pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) On demurrer, a complaint must be liberally...
2020.09.17 Motion to Compel Answers 317
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.09.17
Excerpt: ...s an initial matter, the Court notes Plannet did not submit a proof of service showing this motion was properly served on all parties. “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” Cal. Rules of Ct., Rule 3.1300(c). On 5/7/2020, the Court served a notice of continuance for this hearing. Howard served and filed a timely opposition without disputing service of the ...

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