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2023.08.14 Motion for Attorney Fees 892
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.08.14
Excerpt: ...d costs in the amount of $3,938.06 from Defendant FCA US LLC, pursuant to the Song- Beverly Consumer Warranty Act (Song-Beverly Act). Basis for Award of Attorney's Fees and Costs The Song-Beverly Consumer Warranty Act (Song-Beverly Act), Civil Code section 1790 et seq., states that “[i]f the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amo...
2023.08.14 Motion for Attorney Fees 428
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.08.14
Excerpt: ...'s seeks an award of $45,817.20 in attorney's fees, $4,500.00 in anticipated attorney's fees, $12,587.95 in costs, and $425.00 in anticipated costs from Defendant General Motors LLC pursuant to the Song-Beverly Consumer Warranty Act (Song-Beverly Act). Basis for Award of Attorney's Fees and Costs The Song-Beverly Consumer Warranty Act (Song-Beverly Act), Civil Code section 1790 et seq., states that “[i]f the buyer prevails in an action under th...
2023.07.24 Motions to Intervene 896
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.07.24
Excerpt: ...eave to intervene. 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 complaint; (2) Uniting with a defendant in resisting the claims of a plaintiff; or (3) Demanding anything adverse to both a plaintiff and a defendant. (Code. Civ. Proc., § 387, subd. (b).) The non-party must request le...
2023.07.24 Motions to Compel Arbitration 695
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.07.24
Excerpt: ...p, LLC d/b/a Riverside Nissan, shall be STAYED. The stay shall be automatically lifted upon the completion of the arbitration proceedings against Defendant Riverside Metro Auto Group, LLC d/b/a Riverside Nissan. The court SETS an ADR Review Hearing for January 11, 2024, at 8:30 a.m. in Department N15. Defendants Defendant Nissan North America, Inc.'s and Riverside Metro Auto Group, LLC d/b/a Riverside Nissan's evidentiary objections to the Declar...
2023.07.24 Motion to Compel Discovery 996
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.07.24
Excerpt: ...arillo Liviero sanctions in the amount of $ 1,770 (3.8 hours x $450 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Defendant Rockstar Staffing, LLC's evidentiary objections to the Declaration of Melissa Newman Avila are OVERRULED. Plaintiff Sergio Carillo Liviero moves to compel further responses to Special Interrogatory Numbers 2-5 and 13-17, and for monetary sanctions aga...
2023.07.24 Motion to Compel Discovery 730
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.07.24
Excerpt: ... because their declarations are immaterial to the court's ruling. Plaintiff Rafael C. Ramos moves to compel further responses to Request for Production of Document, Set One and for monetary sanctions against Defendant Ford Motor Company (Defendant Ford). Standard to Compel Further Responses to Requests for Production A party may move for an order compelling further responses to requests for the production of documents on the grounds that: (1) a s...
2023.07.24 Motion to Compel Arbitration 997
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.07.24
Excerpt: ... site' provision for judicial notice in California.”]; Searles Valley Minerals Operations, Inc. v. State Board of Equalization (2008) 160 Cal.App.4th 514, 519 [“[A]lthough it might be appropriate to take judicial notice of the existence of the Web sites, the same is not true of their factual content”], italics original.) Defendant Payward, Inc. moves to compel arbitration of all of the claims brought by Plaintiff Keeho Kim and to stay these...
2023.07.24 Motion for Preliminary Injunction 501
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.07.24
Excerpt: ...rom the mobile home and two automobiles. The court further ORDERS that Defendant Theodore G. Laurent is PROHIBITED and ENJOINED from selling, encumbering, or transferring any funds or property that constitute or were derived from the proceeds of the March 1, 2021 sale of the real property located at 8662 Pacheco Avenue, Westminster, CA 92683. Plaintiff is ORDERED to file an undertaking in the amount of $50,000 and attach evidence that the underta...
2023.07.05 Motion to Stay Proceedings 325
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.07.05
Excerpt: ...y the proceedings in this case pending the resolution of the “underlying action”. Standard to Stay Proceedings “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489; see also Code Civ. Proc., § 128(a).) “[T]he power to stay proceedings is incidental to the power inherent in every court to co...
2023.07.05 Motion for Summary Judgment, Adjudication 896
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.07.05
Excerpt: ...ntiary objections numbers 2-5 and 6-8, and OVERRULED as to the remainder of the objections. Defendants Kairos Manford Private Equity Fund I LP's; K-M GP Ltd's; Kairos Investment Management Company, LLC's; Manford Technologies Holding Limited Partnership's; and Carl Chang's evidentiary objections are OVERRULED as to all evidentiary objections. Defendants Kairos Manford Private Equity Fund I LP; K-M GP Ltd; Kairos Investment Management Company, LLC...
2023.07.05 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.07.05
Excerpt: ... to the evidence presented as none were material to the disposition of this motion. (See Code Civ. Proc., § 437c(q).) Defendant California Automobile Insurance Company (Defendant CAIC) moves for summary judgment or, in the alternative, summary adjudication on the Complaint of Plaintiffs Matt Puccio and Lisa Puccio, individually and as trustees of the Puccio Family Trust dated September 5, 2007. Standard for Summary Judgment or Summary Adjudicati...
2023.06.01 Motion to Amend Judgment 837
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.06.01
Excerpt: ... Joe Fodera as Judgment Debtor Successors to Plaintiff's Judgment Against Defendant Nick's Ristorante & Pizzeria, LLC Pursuant to California Labor Code 200.3") is GRANTED as to Exhibits E, F, H, K, L, and M, and DENIED as to Exhibit D. (See Evid. code, S 452, subds. (c), (h). ) Defendants Joe Fodera's and Elisa Fodera's Request for Judicial Notice is GRANTED as to Exhibits 1, 2, 3, and 4. (See Evid. Code, S 452, subds. (d). ) However, the court d...
2023.05.22 Demurrer 517
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.22
Excerpt: ...ure before Trial S g: 53. la (The Rutter Group 2022) ["It is not necessary to ask the court to take judicial notice of materials previously filed in the case; you should simply call the court's attention to such papers."].) Defendant CHCM, Inc., dba College Hospital Costa Mesa (Defendant CHCM) demurs to the 1st through 7th causes of action contained in the Complaint filed by Plaintiff Alex Alfonso Salaverria. Standard for Demurrer In ruling on a ...
2023.05.22 Application for Writ of Possession 635
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.22
Excerpt: ...he requirement that Plaintiff JPMorgan Chase Bank, N.A post a bond in order to obtain the writ of possession is WAIVED. Defendant Insurance Auto Collision Center (Defendant IACC) and/or Defendant Aram Grigorian (Defendant Grigorian) are ORDERED to post a bond in the amount of $102,350 if either of them wishes to prevent Plaintiff JPMorgan Chase Bank, N.A. from taking possession of the Subject Vehicle pursuant to the writ of possession or otherwis...
2023.05.22 Motion to Compel Arbitration 276
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.22
Excerpt: ...ng Arbitration The right to arbitration depends upon contract, and thus, a motion to compel arbitration is akin to a suit in equity seeking specific performance of that contract. (See Little v. Pullman (2013) 21 g Cal.App.4th 558, 565.) The parties may, among other things, agree that the arbitration agreement will be controlled by the Federal Arbitration Act (FAA), which includes both procedural and substantive provisions. The FAA states that wri...
2023.05.15 Motion to Seal 896
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.15
Excerpt: ...dgment, or in the Alternative, Summary Adjudication; and Attachment 4 to Exhibit 21 to Exhibit E, Exhibit H, and Attachment 4 to Exhibit 21 to Exhibit J to the Declaration of Maryam Arshad in Support of Defendants' Motion for Summary Judgment, or in the Alternative, Summary Adjudication. Defendants Kairos Manford Private Equity Fund I LP; K-M GP Ltd; Kairos Investment Management Company, LLC; Manford Technologies Holding LP; and Carl Chang move t...
2023.05.15 Demurrer 534
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.15
Excerpt: ...ent, LLC (Defendant BEI) demurs to all 5 causes of action plead in the Complaint filed by Plaintiff Linda Hong. Background This litigation revolves around the Imperial Spa located in Garden Grove, California (Spa). Plaintiff and her deceased husband, Howard Kea, founded the Spa in 2002 and the two of them managed and owned the Spa together with Defendants Joung Hee Kea (Defendant Kea) and Won Beom Lee (Defendant Lee). (Hong v. Lee, December 29, 2...
2023.05.15 Demurrer 223
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.15
Excerpt: ...ori Smelts, and Ava Fisher. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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....
2023.05.08 Motion to Compel Discovery 873
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.08
Excerpt: ...o Compel Responses to Special Interrogatories and Requests for Inspection of Documents are taken OFF CALENDAR as moot. Plaintiff Bhuvneshwari Corporation's Motions to Compel Depositions are DENIED. All parties' requests for sanctions are DENIED. Plaintiff Bhuvneshwari Corporation's moves for Responses to Form Interrogatories, Special Interrogatories, and Requests for Inspection of Documents, a set of each of which was propounded on Defendants Ken...
2023.05.08 Motion for Summary Judgment 513
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.08
Excerpt: ... P. Dibiasi, and the Declaration of Laurence C. Hall are OVERRULED Defendants Laguna Village Owners' Association, Inc. and Park West Landscape Maintenance, Inc. each separately move for summary judgment as to the Complaint for Premises Liability filed by Plaintiff Heidi McCollough. Standard for Summary Judgment or Summary Adjudication "Summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any mate...
2023.05.08 Motion for Discovery of Peace Officer Personnel Records 196
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.08
Excerpt: ...uling. The court ORDERS that any peace officer personnel records disclosed to or discoverable by Plaintiff Ricardo Martinez shall not be used for any purpose other than a court proceeding pursuant to applicable law. Plaintiff Ricardo Martinez moves for an order directing the Orange County Sheriff-coroner Department to make available to Plaintiff for examination, inspection, and copying 8 categories of personnel records relating to Orange County s...
2023.05.01 Demurrer 911
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.01
Excerpt: ...ions of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 154...
2023.05.01 Demurrer 337
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.01
Excerpt: ...1st, 2nd, and 3rd Causes of Action contained in the First Amended Complaint (FAC) filed by Plaintiff NTHC, LLC. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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 ...
2023.05.01 Motion to Dismiss 273
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.01
Excerpt: ...t be dismissed against Defendant San Young because the court sustained Defendant San Young's demurrer with leave to amend and Plaintiff Homelink Catering failed to amend the Complaint within the specified time period. Standard to Dismiss for Failure to Filed Amended Complaint The Civil Procedure Code states that: (f) The court may dismiss the complaint as to that defendant when: (1) Except where Section 597 applies, after a demurrer to the compla...
2023.05.01 Petition to Confirm Arbitration Award 874
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.01
Excerpt: ...pta v. Uber Technologies, et al., Orange County Superior Court Case No. 30-2020-01121607 (Gupta v. Uber Technologies Case), the court granted Defendant Uber's petition to confirm the same arbitration award at issue in this petition. (See Senesi Decl., 7 & Exh. 3.) It is true that the court's order dated October 26, 2022, from the Gupta v. Uber Technologies Case confirmed the entire arbitration award before the court here and all parties to the ar...
2023.05.01 Special Motion to Strike 918
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.05.01
Excerpt: ... Special Motion to Strike (Anti-SLAPP) Civil Procedure Code section 425.16(b) provides that: "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the LJnited States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probabil...
2023.04.24 Motions to Compel Discovery, Deem Facts Admitted 517
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.04.24
Excerpt: ...ction, Set One, without objections and within 30 days of service of the notice of ruling. Defendant CHCM, Inc.'s Motion to Have Requests for Admissions Deemed Admitted is GRANTED. The Court ORDERS that Defendant CHCM, Inc.'s Requests for Admission be deemed admitted as against Plaintiff Alex Alfonso Salaverria. The court ORDERS that Plaintiff Alex Alfonso Salaverria pay to Defendant CHCM, Inc. sanctions in the amount of $1,365 (5 hours x $225 per...
2023.04.24 Motion to Stay Proceedings 565
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.04.24
Excerpt: ...ices Corporation's Request for Judicial Notice is GRANTED. (See Evid. code, S 4520.) Defendant AltaMed Health Services Corporation moves this court for a stay of these proceedings for up to go days to allow the united States to determine whether it will accept Defendant's tender of the defense in this case. 42 U.S.C. section 233 states: The remedy against the United States provided by sections 1346(b) and 2672 of Title 28, or by alternative benef...
2023.04.24 Motion to Purchase Shares 304
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.04.24
Excerpt: ...etermine if they can agree on the issues listed below. At least 5 court days prior to the next hearing, the parties shall file, either jointly or separately, declaration(s) stating whether the parties were able to agree upon the following issues and if they were not able to agree, each party's position as to each issue: 1) the fair value of Plaintiff's shares of the Corporation (including Plaintiff Anthony Ernest Decuollo's percentage interest in...
2023.04.24 Motion for Attorney Fees 074
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.04.24
Excerpt: ...Fees The Song-Beverly Act provides that: If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action. (Civil Code, 1794, subd. ...
2023.04.24 Demurrer 056
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.04.24
Excerpt: ...r Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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.) Questions of fact cannot be decided o...
2023.04.13 Motion to Seal 896
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.04.13
Excerpt: ...and Authorities in support thereof, (ROA #293); 2. Unredacted Separate Statement of Undisputed Facts in Support of Defendants' Motion for Summary Judgment, or in the alternative, Summary Adjudication, (ROA #294); 3. Unredacted Declaration of Carl Chang in Support of Defendants' Motion for Summary Judgment, or in the alternative, Summary Adjudication and Exhibits A-D attached thereto, (ROA #292); and 4. Unredacted Declaration of Maryam Arshad in S...
2023.02.27 Demurrer 012
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...llenges 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.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complaint, a court will not consider f...
2023.02.27 Demurrer 930
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 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.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Beca...
2023.02.27 Motion for Extension of Time to Respond to Discovery 273
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...on, which was set for 03/27/2023. Plaintiff filed an amended motion, (see ROA #118 & ROA #119), but inadvertently set a hearing date of 02/27/2023. The court will therefore continue this matter so that it may heard on the correct date. The court clerk shall give notice of this ruling. Motion to Seal Plaintiff Homelink Catering's Motion Pleading to Request for Case to be Seal to the Public is DENIED. Plaintiff Homelink Catering moves to seal the e...
2023.02.27 Motion for Leave to Amend 054
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...ry of liability based on financial elder abuse, and (4) replaces the medical malpractice cause of action with a negligence cause of action. Standard for Leave to Amend The Civil Procedure Code provides that: The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in...
2023.02.27 Motion for Preliminary Injunction 247
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...e subject property (Premises). Standard for Preliminary Injunction A plaintiff seeking a preliminary injunction must: 1) present facts that show a reasonable probability that the plaintiff will prevail on the merits, (Fleishman v. Superior Court (2002) 102 Cal.App.4th 350, 356), and 2) show that the plaintiff will be harmed if a preliminary injunction is not granted, (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, ...
2023.02.27 Motion for Summary Adjudication 051
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ... the 2nd cause of action alleged in the First Amended Complaint (FAC) filed by Plaintiff Richard E. Dillon. Standard for Summary Judgment/Summary Adjudication “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 more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defens...
2023.02.27 Motion to Compel Arbitration 051
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ... pending completion of the arbitration. Standard for Compelling Arbitration The right to arbitration depends upon contract, and thus, a motion to compel arbitration is akin to a suit in equity seeking specific performance of that contract. (See Little v. Pullman (2013) 219 Cal.App.4th 558, 565.) The parties may, among other things, agree that the arbitration agreement will be controlled by the Federal Arbitration Act (FAA), which includes both pr...
2023.02.27 Motion to Compel Discovery 924
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...ucted by neuropsychologist Leah Ellenberg, Ph.D., and continue for no more than six hours of examination time in total, not including a one-hour break for lunch. The examination shall be audio recorded, pursuant to Plaintiff Bryson Galaz's request. No later than 03/31/2023, Defendants shall provide to counsel for Plaintiff Bryson Galaz an audio recording of the examination, as well as all written test materials, answer sheets, test data, scoring ...
2023.02.27 Motion to Stay Proceedings 280
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.27
Excerpt: ...tely, regarding the status of the criminal case so that the court may determine if the stay should be extended. Defendant Fritz Baumgartner, M.D. (Defendant Baumgartner) moves to stay this action pending resolution of his parallel criminal proceedings. Standard for Stay of Civil Proceedings Where There are Parallel Criminal Proceedings The Fifth Amendment of the United States Constitution provides that “No person . . . shall be compelled in any...
2023.02.22 OSC Re Dismissal 425
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.22
Excerpt: ... of Good Faith Settlement Defendant Al's Engineering, Inc.'s Motion for Determination of Good Faith Settlement is GRANTED. Defendant Al's Engineering, Inc.'s Motion to Dismiss the Cross-Complaint filed against Defendant Al's Engineering in the related case (5 Coral Cove Way LLC v. Irie Kasinger, Case No. 30-2021-01229781) is GRANTED. Defendant Al's Engineering, Inc. (Defendant Al's Engineering) moves for an order 1) determining that Defendant Al'...
2023.02.22 Motion to File Under Seal 999
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.22
Excerpt: ...ht pursuant to Civil Procedure Code section 340.1. That statute allows a plaintiff who is 40 years or older to bring an action for childhood sexual assault, under certain circumstances, against the person who committed the childhood sexual assault and against third persons who were on notice of the misconduct that created a risk of childhood sexual assault and failed to guard against it. (See Code Civ. Proc., § 340.1.) The court is required to s...
2023.02.22 Motion to Conosolidate 468
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.22
Excerpt: ...lackburn moves to consolidate the following cases: 1) Blackburn v. Mission Hills Investment Co. (Case Number 30-2021-01236425); 2) Blackburn v. Mission Hills Investment Co. (Case Number 30-2022-01248341). Standard for Consolidation “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions”. (Code Civ. Proc., § 1048, subd. (a)....
2023.02.22 Application for Right to Attach Order 439
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.22
Excerpt: ...c. applies for a right to attach order and order for issuance of a writ of attachment against Defendant Integritox Laboratories, LLC. Standard for Right to Attach Order and Order for Issuance of Writ of Attachment Upon the filing of a complaint or at any time thereafter, the plaintiff may apply for a right to attach order (RTAO) and an order for issuance of a writ of attachment by filing an application with the court in which the action is brough...
2023.02.21 OSC Re Dismissal 425
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.21
Excerpt: ... of Good Faith Settlement Defendant Al's Engineering, Inc.'s Motion for Determination of Good Faith Settlement is GRANTED. Defendant Al's Engineering, Inc.'s Motion to Dismiss the Cross-Complaint filed against Defendant Al's Engineering in the related case (5 Coral Cove Way LLC v. Irie Kasinger, Case No. 30-2021-01229781) is GRANTED. Defendant Al's Engineering, Inc. (Defendant Al's Engineering) moves for an order 1) determining that Defendant Al'...
2023.02.21 Motion to File Certificates of Merit Under Seal 993
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.21
Excerpt: ...ssault, which are brought pursuant to Civil Procedure Code section 340.1. That statute allows a plaintiff who is 40 years or older to bring an action for childhood sexual assault, under certain circumstances, against the person who committed the childhood sexual assault and against third persons who were on notice of the misconduct that created a risk of childhood sexual assault and failed to guard against it. (See Code Civ. Proc., § 340.1.) The...
2023.02.21 Motion to Consolidate 468
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.21
Excerpt: ...lackburn moves to consolidate the following cases: 1) Blackburn v. Mission Hills Investment Co. (Case Number 30-2021-01236425); 2) Blackburn v. Mission Hills Investment Co. (Case Number 30-2022-01248341). Standard for Consolidation “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions”. (Code Civ. Proc., § 1048, subd. (a)....
2023.02.21 Application for Right to Attach Order 439
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.21
Excerpt: ...c. applies for a right to attach order and order for issuance of a writ of attachment against Defendant Integritox Laboratories, LLC. Standard for Right to Attach Order and Order for Issuance of Writ of Attachment Upon the filing of a complaint or at any time thereafter, the plaintiff may apply for a right to attach order (RTAO) and an order for issuance of a writ of attachment by filing an application with the court in which the action is brough...
2023.02.06 Special Motion to Strike 354
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.02.06
Excerpt: ...e section 425.16 (Anti-SLAPP Statute). Standard for Special Motion to Strike (Anti-SLAPP) Civil Procedure Code section 425.16(b) provides that: “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that th...

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