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2024.05.06 OSC Re Contempt 863
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.06
Excerpt: ...ourt's ord er issued January 16, 2024, as alleged in Paragraph 3.b.2 of the [Proposed] OSC re: Contempt (ROA #174). At that time and on that date, the court will hold the arraignment and set a further hearing, evidentiary hearing, or trial, as the case may be. Plai ntiffs Leah Rae Knoll; PHA Professional Services, Inc. dba DC Plumbing, Heating and Air Conditioning; and SC Equipment Company, LLC are ORDERED to personally serve Defendant David L. C...
2024.05.06 Demurrer 881
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.06
Excerpt: ...rd for Demurrer A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404 -05.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Instead, the court “treat[s] ...
2024.05.06 Demurrer 857
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.06
Excerpt: ...gations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 05.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Instead, the court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law...
2024.05.06 Demurrer 471
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.05.06
Excerpt: ...y the leg al sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 05.) For this reason, the court will not de cide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Instead, the court “treat[s] the demurrer as admitting all material ...
2024.04.30 Motion to Strike 510
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.30
Excerpt: ... set the M otion to Strike to b e heard on A pril 29, 2024. ( S ee ROA #59 .) The court also ordered that “[t]he Ex -Parte Application will stand as the moving papers” and “Plaintiff to serve the moving papers on all parties”. (Ibid.) Further, Civil Procedure Code section 1005 requires that all moving papers be served on all parties at least 16 court days before the hearing. (Code Civ. Proc., § 1005, subd. (d).) In addition, “[p]roof o...
2024.04.30 Motion to Compel Arbitration 754
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.30
Excerpt: ...e total length of both days of the deposition of Andy Phillips shall not be less than the total length of both days of the deposition of John Hynes, and the second day of the deposition of Andy Phillips shall be held in the same location as the first day of the de position. Defendant Capital Managers, LLC may ask questions at the second day of the deposition of Andy Phillipos on any subject matter allowed by the Evidence Code, the Civil Procedur...
2024.04.29 Motion to Compel Discovery 801
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.29
Excerpt: ...he amount of $645 hours x $195 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Defendant Gen Cord. moves to compel further responses to Form Interrogatories – General, Set One, Number 2.8 propound ed on Plaintiff Monica Castaneda. Standard to Compel Further Responses to Interrogatories The Civil Procedure Code instructs that: (a) Each answer in a response to interrogatori...
2024.04.29 Motion for Protective Order 691
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.29
Excerpt: ...Interrogat ories (Set One), Request for Admissions (Set One), and Request for Production of Documents (Set One.) Standard for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may in...
2024.04.29 Demurrer 697
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.29
Excerpt: ...nty She riff's Department shall file an answer or other pleading in response to the First Amended Complaint within 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendants Orange County and Orange County Sheriff 's Department demur to the 1st, 2nd, 3rd, 4th, 5th, 7th, 8th, and 9th Causes of Action of the First Amended Complaint (FAC) filed by Plaintiff Albert Hughes III. Standard for Demurrer ...
2024.04.23 Motion to Compel Discovery 864
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.23
Excerpt: ...of ruling. Plaintiff Randell Young is ORDERED to pay to Defendants Seabreeze Management Company, Inc., Estela Alday, Heidi Speare, Eric James, Fred Olsen, and Todd Hunter sanctions in the amount of $925 (5 hours x $185 per hour in reasonable attorney's fees) within 30 days of service of the notice of ruling. Defendants Seabreeze Management Company, Inc.; Estela Alday; Heidi Speare; Eric James; Fred Olsen; and Todd Hunter are ORDERED to serve all ...
2024.04.22 Demurrer 340
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.22
Excerpt: ...aint filed by Plaintiff Angelica Espinoza. Standard for Demurrer A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 05.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.Ap...
2024.04.22 Demurrer 578
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.22
Excerpt: ... Cleland Sales Corp., Blizzard Beer Systems, James Cleland, and Adam Cleland demur to the 1st through 13th Causes of Action of the First Amended Complaint (FAC) filed by Plaintiff Cecilio Losoya. Standard for Demurrer A demurrer challenges only the legal sufficie ncy of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App...
2024.04.22 Demurrer 833
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.22
Excerpt: ...al Notice in Support of Demurrer to First Amended Complaint of Plaintiff Barbara Travers is GRANTED as to Exhibits 1 – 3. Defendant Mark Andrew Lockwood demurs to the 1st Cause of Action of the First Amended Complaint (FAC) filed by Plaintiff Barbara Travers. Standard for Demurrer A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove...
2024.04.22 Motion for Summary Adjudication 796
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.22
Excerpt: ...Summary A djudication “Summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c, subd. (c).) In addi tion, “[a] party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or...
2024.04.22 Motion to Quash, Transfer Venue 774
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.22
Excerpt: ...s required by the San Deigo County Superior Court. Plaintiffs HTL Hotel Advisors, Inc. and Yatish Natraj are ORDERED to pay to Defendants Shivam Patel and Kherva, LLC sanctions in the amount of $2,760 (6 hours x $450 per hour in reasonable attorney's fees and $60 in motion filing fees) within 60 days of service of the notice of ruling. Plaintiffs' counsel is ordered to pay sanctions of $2,360 (5 hours at $450 per hour + $60 filing fee and $50 t...
2024.04.15 Motions to Compel Discovery 903
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...esponses t o Form Interrogatories – General, Set One, Number 17.1 within 21 days of service of the notice of ruling. Defendant Abir Cohen Treyzon Salo, LLP is ORDERED to serve full, complete, and verified responses to Special Interrogatories from Special Interrogato ries from Defendant Daniel Perales to Defendant Abir Cohen Treyzon Salo, LLP, Numbers 1, 2, 3, 4, 13, 21, and 23, as amended, within 21 days of service of the notice of ruling. Def...
2024.04.15 Motion to Deem Vexatious Litigant 817
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $30,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...
2024.04.15 Motion to Deem Vexatious Litigant 487
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $25,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...
2024.04.15 Motion to Deem Vexatious Litigant 487
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $25,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...
2024.04.15 Motion for Terminating Sanctions 599
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...ez -Bass mov es for terminating sanctions and monetary sanctions against Defendant Roberto Francisco Gallegos (Defendant Gallegos). Standard for Monetary and Non- Monetary Discovery Sanctions The court may impose monetary, issue, evidence, terminating, or contempt san ctions against any person engaging in any misuse of the discovery process. (See Code Civ. Proc., § 2023.030, subds. (a) -(e).) Misuse of the discovery process includes, but is not ...
2024.04.15 Motion for Protective Order 847
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights. Standard for Motion for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The co urt, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppressi...
2024.04.15 Motion for Protective Order 847
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights. Standard for Motion for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The co urt, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppressi...
2024.04.15 Motion for Leave to Intervene 185
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...gwick is ORDERED to se rve the Complaint-In -Intervention upon all parties within 30 days of filing the Complaint -In -Intervention. Proposed Plaintiff -In -Intervention Sedgwick moves for leave to file a Complaint -In -Intervention. Standard for Intervention A non- party, who is referred to as an “intervenor,” may become a party to an action or proceeding between other persons by: (1) Joining a plaintiff in claiming what is sought by the c...
2024.04.15 Motion for Judgment on the Pleadings 000
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...dgment on the plea dings with respect to the Second Amended Complaint (SAC) filed by Plaintiff Jane Doe 7030. Standard for Motion for Judgment on the Pleadings A defendant may make a motion for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Stevenson Real Estate Servs., Inc. v. CB Richard Ellis Real E...
2024.04.15 Motion for Judgment on the Pleadings 000
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.04.15
Excerpt: ...dgment on the plea dings with respect to the Second Amended Complaint (SAC) filed by Plaintiff Jane Doe 7030. Standard for Motion for Judgment on the Pleadings A defendant may make a motion for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Stevenson Real Estate Servs., Inc. v. CB Richard Ellis Real E...

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