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2023.04.18 Demurrer 534
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.04.18
Excerpt: ... may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m...
2023.04.11 Motion to Compel Arbitration and Stay Action 951
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.04.11
Excerpt: ...trate 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 rescission of the agreement. [¶] (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transac...
2023.04.11 Motion for Summary Judgment 254
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.04.11
Excerpt: ...ation of Enriqueta Orozco filed on 4-6-23 under ROA No. 109. Code of Civil Procedure section 437c, subdivision (p)(2) provides, “A defendant . . . has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that ...
2023.04.11 Demurrer, Motion for Sanctions 687
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.04.11
Excerpt: ...s.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District (2012) 209 Cal.App.4th 1228, 1238, provi...
2023.04.11 Demurrer to TAC 411
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.04.11
Excerpt: ... the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District (2012) 209 Cal....
2023.04.11 Motion to Compel Arbitration and Stay Case 103
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.04.11
Excerpt: ... 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 rescission of the agreement. . . .” Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 58 Cal.Rptr.2d 875, 926 ...
2023.03.28 Motion to Quash Subpoena, to Compel Further Responses 845
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.28
Excerpt: ... or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be...
2023.03.28 Motion for Summary Adjudication 334
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.28
Excerpt: ...ished, or that there is a complete defense to that cause of action. Once the defendant . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto." Code of Civil Procedure section 437c, subdivision (f)(l), provides, "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirma...
2023.03.28 Demurrers, Motion to Strike 478
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.28
Excerpt: ...s that may be implied or inferred from those expressly alleged in the complaint. [Citations.]" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1 gg8) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Trans...
2023.03.28 Demurrer to TAC 959
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.28
Excerpt: ...those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal .App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Em...
2023.03.28 Demurrer to FAC 084
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.28
Excerpt: ...pressly alleged in the complaint. [Citations.]" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal .App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4...
2023.03.28 Demurrer 556
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.28
Excerpt: ...ose expressly alleged in the complaint. [Citations.]" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal .App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." Perez v. Golden Empire Transportation Transit District (2012) 209 Cal...
2023.03.21 Motion for Issuance of Letter to Request to China and Letter Rogatory to Canada 644
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.21
Excerpt: ...odified in this section, the procedures for taking oral depositions in California set forth in Chapter g (commencing with Section 2025.010) apply to an oral deposition taken in a foreign nation. . Y] (c) If a deponent is not a party to the action or an officer, director, managing agent or employee of a party, a party serving a deposition notice under this section shall use any process and procedures required and available under the laws of the fo...
2023.03.21 Motion for Summary Judgment, Adjudication 196
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.21
Excerpt: ...to the court's decision as set forth below. (Code Civ. Proc., 437c, subd. (q).) Code of Civil Procedure section 437c, subdivision (p)(2) provides, "A defendant . . has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . ha...
2023.03.21 Motion to Quash Discovery Requests and Deposition Subpoenas, Compel Responses 878
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.21
Excerpt: ...1) 197 Cal.App.4th 282, 307, fn. 18.) Petitioner's Motion for Attorneys' Fees (MAF), filed on 11-28-22 under ROA No. 220, seeks attorneys' fees pursuant to Code of Civil Procedure section 1021.5. (MAF; 7:1-13.) Code of Civil Procedure section 1021.5 states, "Upon motion, a court may award attorneys' fees to a successful party aqainst one or more opposing parties in any action which has resulted in the enforcement of an important right affecting t...
2023.03.14 Motions to Compel Further Responses 732
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.14
Excerpt: ...ollowing apply: [¶] (1) An answer to a particular request is evasive or incomplete. [¶] (2) An objection to a particular request is without merit or too general. [¶] (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. . . . [¶] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental response, or any specific later date...
2023.03.14 Motion to Strike FAC 225
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.14
Excerpt: ...pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Code of Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342-343 (Pierson), explains, “Preliminarily, we note a motion to strike is generally used to reach defects in a pleading which are not subject to demurrer. A motion to strike does not lie to attack a complaint for insufficiency of allegations to justify reli...
2023.03.14 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 172
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.14
Excerpt: ...ing the existence of a “Notice of Disciplinary Charges” against Attorney—Timothy George McFarlin. Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories.” On 7-20-22, Plaintiffs' served Defendant (Khalid H...
2023.03.14 Motion to Compel Further Responses 590
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.14
Excerpt: ...duplicative of the Motion. Code of Civil Procedure section 2030.300 provides in part, “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or th...
2023.03.14 Motion to Compel Further Responses 524
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.14
Excerpt: ...r an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. [¶] (b) (1) A motion under subdivisi...
2023.03.14 Motion to Compel Arbitration and Stay Action 022
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.14
Excerpt: ...25-23 under ROA No. 50, is GRANTED pursuant to Evidence Code section 452, subdivision (a). The court OVERRULES Defendant's Evidentiary Objections, filed on 1-31-23 under ROA No. 58, because it is appropriate for a court to consider legal authority that is applicable to an issue before the court. Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 58 Cal.Rptr.2d ...
2023.03.14 Motion for Summary Judgment, Adjudication 151
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.14
Excerpt: ...there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative de...
2023.03.14 Motion for Attorney Fees 697
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.14
Excerpt: ...'s fees and costs. . . .” Mann v. Quality Old Time Service, Inc. (2006) 139 Cal.App.4th 328, 340 (Mann), provides, “We thus hold that a party who partially prevails on an anti-SLAPP motion must generally be considered a prevailing party unless the results of the motion were so insignificant that the party did not achieve any practical benefit from bringing the motion. The determination whether a party prevailed on an anti- SLAPP motion lies w...
2023.03.14 Demurrers to FACC 867
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.14
Excerpt: ...mplied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e ...
2023.03.07 Motion to Abate Action 742
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.07
Excerpt: ...'s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, m...
2023.03.07 Demurrer 583
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.07
Excerpt: ...in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District (2012) 209 Ca...
2023.03.07 Demurrer to FAC 307
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.07
Excerpt: ...essly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District...
2023.03.07 Motion to Set Aside Default, Judgment 739
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.07
Excerpt: ...take, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. . . .” Ron Burns Constructions Co., Inc. v. Moore (2010) 184 Cal.App.4th 1406, 1413 (di...
2023.03.07 Motion to Compel Further Responses 546
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.07
Excerpt: ...r response to the demand if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following: [¶] (1) the motion shall set forth specific facts showin...
2023.03.07 Motion to Compel Responses, for Sanctions 172
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.07
Excerpt: ...istence of a “Notice of Disciplinary Charges” against Attorney—Timothy George McFarlin. Code of Civil Procedure section 2031.300 states in part, “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: . . . [¶] (b) The party making the demand may move for an order compelling response to the demand.” On 7-20-22, Plaintiffs' served Def...
2023.03.07 Motion to Tax Costs 570
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.07
Excerpt: ...iffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the ‘prevailing party' shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.” Code of Civil Proc...
2023.03.07 Motion to Compel Responses 732
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.03.07
Excerpt: ...nterrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or t...
2023.02.28 Motion to Recuse Counsel of Record 125
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.28
Excerpt: ...5 Cal.App.5th 630, 637 (Lynn), states, “ ‘A trial court's authority to disqualify an attorney derives from the power inherent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.” [Citations.] Ultimately, disqualification motions involve a conflict between the clients' right...
2023.02.28 Motion to Compel Further Responses 933
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.28
Excerpt: ...ompelling further response to the demand if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following: [¶] (1)The motion shall set forth specif...
2023.02.28 Motion for Summary Judgment 986
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.28
Excerpt: ...ete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 (fns. 13 and 14 omitted), states, “Second, and generally, the party moving for summary judgment bears an initial burden of production to make...
2023.02.28 Motion for Preliminary Injunction 867
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.28
Excerpt: ...injunction. [Citations.]” (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 441-442; footnote 7 omitted.) “A trial court deciding whether to issue a preliminary injunction weighs two interrelated factors—the likelihood the moving party will prevail on the merits at trial and the relative balance of the interim harms that are likely to result from the granting or denial of preliminary injunctive relief. [Citations.]” (County of K...
2023.02.28 Demurrer, Motion to Strike 297
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.28
Excerpt: ...ions.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District (2012) 209 Cal.App.4th 1228, 1238, pr...
2023.02.28 Demurrer 129
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.28
Excerpt: ...f action for premises liability under Government Code section 835. (Complaint at p. 4, ¶ 4; 7-12-22 Minute Order.) On 7-12-22, the court sustained Defendant's (State of California) unopposed Demurrer to Plaintiff's Complaint (Demurrer), filed on 2-17-22 under ROA No. 22, with leave to amend. The court's 7-12-22 Minute Order states, “The court interprets Plaintiff's (Samuel Guard) Complaint, filed on 9-15-21 under ROA No. 2), as alleging a sing...
2023.02.22 Motion for Leave to File Complaint 519
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.22
Excerpt: ...rty against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following: [¶] (a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Pa...
2023.02.22 Demurrer to SAP for Writ of Mandate 043
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.22
Excerpt: ...l notice of the existence of Exhibits 1, 2, 3, and 4, but not the truth of the matters asserted within Exhibits 1, 2, 3, and 4. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) The court DENIES the RJN as to Exhibit 5. Petitioner has brought a Second Amended Petition for Writ of Mandate (SAP), filed on 9-9-22 under ROA No. 254, against Respondent pursuant to Code of Civil Procedure sections 1085 and 1094.5. (SAP, ¶ 17.) Code of Civil Pr...
2023.02.22 Motion to Quash Service of Summons of FAC 509
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.22
Excerpt: ...that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: [¶] (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. [¶] (2) To stay or dismiss the action on the ground of inconvenient forum. [¶] (3) To dismiss the action pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8.” “Personal ju...
2023.02.22 Motion for Summary Judgment, Adjudication 828
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.22
Excerpt: ...dence Code section 452, subdivisions (d) and (h). Plaintiffs' (My Tran and Anthony Angrisani) Objections to Declarations of Eng Tan, Umesh Lad, Vu Phuong, and Mohammad A. Fakhreddine filed on 2-7-23 under ROA No. 133: The court SUSTAINS Objection No. 7 as to the declaration of Eng Tan, and OVERRULES the remaining objections as to the declaration of Eng Tan. The court SUSTAINS Objection No. 14 to the declaration of Umesh Lad, and OVERRULES the rem...
2023.02.22 Motion to Compel Responses 098
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.22
Excerpt: ... the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: ¶ (1) An answer to a particular interrogatory is evasive or incomplete. ¶ (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. ¶ (3) An objection to an interrogatory is without merit or too general. ¶ (b)(1)...
2023.02.22 Motion to Strike Punitive Damages 284
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.22
Excerpt: ... pleading. [¶] (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Code of Civil Procedure section 435, subdivision (b)(1), states, “Any party, within the time allowed to respond to a pleading may serve and file, a notice of motion to strike the whole or any part thereof, but this time limitation shall not apply to motions specified in subdivisi...
2023.02.07 Special Motion to Strike FAC 427
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.07
Excerpt: ...pos, and Scott A. Noll) Request for Judicial Notice, filed on 11-8-22 under ROA No. 66, pursuant to Evidence Code section 452, subdivision (d), as to the existence of the Exhibit 1, but not as to the truth of the any matter asserted in Exhibit 1. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1570.) Code of Civil Procedure section 425.16, subdivision (b), states, in part, “(1) A cause of action against a person arising from any act of that ...
2023.02.07 Motion to Extend Time to Produce Bank Account Records Until After Stay Lifts 485
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.07
Excerpt: ...tions designed to fairly balance the interests of the parties and the judicial system. Accommodation of the various interests, however, is usually made to a defendant in a civil action ‘from the standpoint of fairness, not from any constitutional right. [Citation.]' [Citation.] Courts that are confronted with a civil defendant who is exposed to criminal prosecution arising from the same facts ‘weigh the parties' competing interests with a vie...
2023.02.07 Motion to Compel Arbitration 085
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.07
Excerpt: ... 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 rescission of the agreement. . . .” Sanchez v. Western Pizza Enterprises, Inc. (2009) 172 Cal.App.4th 154, 165-166...
2023.02.07 Motion for Summary Judgment, Adjudication 330
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.07
Excerpt: ...se of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, “A party may move for summary adjudication as...
2023.02.07 Motion for Summary Adjudication 334
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.07
Excerpt: ...ing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil P...
2023.02.07 Demurrer, Motion to Strike 320
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.02.07
Excerpt: ...h not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459 (Atascadero).) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a v...

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