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16237 Results

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2024.04.26 Motion to Compel Further Responses
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.04.26
Excerpt: ...dentified a ny witness nor denied knowledge of any witness. In its further response, it should do one of these. Sanctions were not noticed; none are imposed. Motion to Compel: Anaheim Healthcare Form Rogs (ROA #67) Plaintiff's motion is denied as moot except as to sanctions. (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409; Cal. Rules of Court, rule 3.1348; see also Ho decl. [ROA #100] �...
2024.04.26 Motion for Final Approval of Class Action and PAGA Settlement 326
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.26
Excerpt: .... Administration costs in the amount of $12,511.43, per the administrator's declaration. 4. Payment to the LWDA of $3,750, representing the LWDA's share of the amount allocated to the PAGA claim. Please submit a revised proposed order that conforms to the foregoing for the Court's signature. GROUNDS FOR FEE AWARD Counsel requests a fee award of $146,800, or 40%, of the $367,000 GSA. Per the moving papers, counsel will receive $133,000 of the $333...
2024.04.26 Motion to Compel Arbitration 621
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.26
Excerpt: ..., the court concludes that Agile has failed to meet its burden of authenticating plaintiff's purported electronic signature to the arbitration agreement. Agile provides the declaration of one of its customer service representatives and the on -site representative fo r Agile at Ortronics, Inc., Laura Caratachea, who is responsible for ensuring that employees complete their onboarding documentation. (Caratachea Dec. ¶3.) She states she was respons...
2024.04.26 Application for Right to Attach Order, Writ of Attachment 314
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.04.26
Excerpt: ... Dennis W. Wilson's objections to the declarations of Mr. Miller, Mrs. Kell, and Mr. Lawrence and the supplemental declaration of Mrs. Kell are all SUSTAINED. The Application is DENIED as to Defendants Dennis W. Wilson Insurance Agency, Inc. dba Wilson Financial Services and Property Pros Capital, LLC. The Application is DENIED as to Defendant Dennis W. Wilson because Plaintiffs have failed to establish with admissible evidentiary facts the proba...
2024.04.26 Demurrer 397
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.26
Excerpt: ...intiff stated a cause of action for false promise. (Complaint, second cause of action, § FR -2(c); see Opp., at pp. 3:11 -15, 4:23 -25, 5:19 -21.) Plaintiff did not select section FR -4 of the Judicial Council form complaint, which alleges a promise without intent to perform. (S ee Complaint.) Regardless of which species of fraud is alleged, Plaintiff did not allege sufficient facts with the required specificity to state a cause of action for f...
2024.04.26 Demurrer to FAC 301
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.26
Excerpt: ...gations of th e parties under the agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. (FAC, Ex. 4 §5(11).) Further, defendants are California residents, and the Home Solicitation Sales Act seeks to regula te conduct by defendants. Thus, plaintiff may seek to enforce the Act. As to the Second Cause of Action, plaintiff's allegations adequately plead the existence of a fiduciary rela...
2024.04.26 Demurrer, Motion to Strike
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.04.26
Excerpt: ...WIEC (hereinafte r, collectively “Plaintiffs”). To the extent Plaintiffs can properly amend the IIED claim, the court GRANTS twenty (20) days leave to amend. The fourth cause of action for intentional infliction of emotional distress (IIED) alleges the following: Pursu ant to a written lease agreement, Plaintiffs moved into certain property in Irvine beginning in or about July of 2012. Beginning in or about November of 2018 through December ...
2024.04.26 Demurrer, Motion to Strike 797
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.04.26
Excerpt: ...ct. Plaintiff hasn't stated sufficient facts showing the elements of the claim. Specifically, how much defendants agreed to pay for the services rendered. The demurrer is overruled as to the 2nd cause of action for unfair business practices. Plaintiff may use and alleged violation of the Knox -Keene Act as a basis for its claim. The demurrer to the 3rd cause of action for unjust enrichment is overruled. The complaint asserts that plaintiff provi...
2024.04.26 Motion for Approval of PAGA Settlement 665
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.26
Excerpt: ... to the settl ement agreement rather than any amended settlement agreement. Counsel also must provide a red -lined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the proposed letter to the aggrieved employees, rather than with just a suppleme...
2024.04.26 Demurrer 539
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.26
Excerpt: ...§ 1670.8 and (2) materials taken from Cisco's website, including the various service terms at issue. Notice of the legislative history is proper under Evid. Code § 452(c). Notice of the materials from Cisco's website is proper under Evid. Code § 452(h) given the lack of op position and the fact that both parties seeking notice of materials from Cisco's website suggest it is “not reasonably subject to dispute” that these are the full -servi...
2024.04.26 Motion for Final Approval of Class Action and PAGA Settlement 399
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.26
Excerpt: ...ust file a pr oof of service with the court reflecting service of these orders on the LWDA. 2. Were any exclusions, objections or disputes received for the 31 remailed notices? 3. The settlement administrator states plaintiff's individual settlement share is $517.55. I s plaintiff anticipating any other compensation (not including any enhancement payment) from the settlement (such as for any individual claims)? 4. The settlement administrator s...
2024.04.26 Motion to Compel Arbitration 470
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.26
Excerpt: ...plemental filing addressing defendant's new evidence. 1/19/24 Order (ROA 89). For the following reasons, defendant's motion is granted. The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific per formance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponde...
2024.04.26 Motion for PAGA Approval 469
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.26
Excerpt: ...ate itemized w age statements. The operative Complaint brings the following causes of action: 1. PAGA penalties 2. UCL 3. LC §§ 351, 353 4. Wage statements 5. Waiting time SUMMARY OF SETTLEMENT: Aggrieved Employees Definition: PAGA Member(s) or Settlement Group Members are “all current and former nonexempt employees of Defendant who were subject to the alleged illegal and unauthorized tip pooling in California during the PAGA Period.” (§ ...
2024.04.26 Motion for Preliminary Approval of Class Action Settlement 800
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.26
Excerpt: ... Heating, LLC (“ Defendant”). (ROA 2.) The Complaint alleged the following nine causes of action: 1. Failure to Pay Minimum Wages; 2. Failure to Pay Overtime Wages; 3. Failure to Provide Accurate, Itemized Wage Statements; 4. Failure to Provide Meal Periods; 5. Failure to Provide Rest Breaks; 6. Waiting Time Penalties; 7. Failure to Maintain Records; 8. Failure to Reimburse Business Expenses; and 9. Unfair Business Practices On March 3, 2023,...
2024.04.26 Motion for Summary Judgment 380
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.26
Excerpt: ...rectional Drilling. The motions for summary judgment are denied. Relevant Background Plaintiff Michael Konrad filed a Complaint alleging that the subject accident occurred on December 19, 2018. The Complaint alleges that Plaintiff was properly and lawfully riding his bicycle when he unknowingly encountered a damaged portion in the road and was violently thrown from his bicycle to the ground and sustained serious bodily injuries. (Compl., at ¶ 1...
2024.04.26 Motion for Summary Judgment, Adjudication 501
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.04.26
Excerpt: ...), (p)(2) [bu rden]; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 - 851 [same]; see Veh. Code, § 11711.) USFIC admits it is the surety that issued the dealer bond to dealer Image Auto Group, LLC (IAG or dealer) pursuant to Vehicle Code sections 11710 and 11711. (SSMF #2.) USFIC first contends it is entitled to judgment because plaintiff Ramin Hersel (plaintiff) has dismissed his second cause of action for deceit/fraud against t...
2024.04.26 Motion for Terminating Sanctions 299
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.26
Excerpt: ...o provide responses to plaintiff's special interrogatories and requests for production and to pay sanctions. Plaintiff's motion is denied for the following reasons. Disobeying a court order to provide discovery is a misuse of the discovery process. Cal. Civ. Pro c. Code § 2023.010(g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516. A trial court should consider both the conduct being sanctioned and its effect on the party seeking discov...
2024.04.26 Motion to Compel Arbitration 251
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.26
Excerpt: ...depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agr eement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Def...
2024.04.26 Motion for Leave to File Complaint 665
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.26
Excerpt: ...n, Cal. Practice Guide: Civi l Procedure Before Trial (The Rutter Group 2021) ¶ 6:564.) Where the proposed cross -complaint arises out of the same transaction as plaintiff's claim, leave to file must be granted as long as defendant is acting in good faith. (Code Civ. Proc., § 426.50.) Here, Defendant's proposed cross- complaint asserts a single cause of action for breach of contract related to Plaintiffs' alleged failure to pay two years o...
2024.04.25 Motion for Leave to Post Jury Fees 285
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.25
Excerpt: ...l is curre ntly set for May 6, 2024. The plaintiff never posted jury fees. Pursuant to Code of Civil Procedure section 631, subdivision (c)(2), a party demanding a jury trial must post fees within 365 days of the filing of the initial complaint if no Case Managemen t Conference is held. None was held here; therefore, plaintiff's failure to timely post fees resulted in his waiver of a jury. Defendant never posted jury fees, but it is not requesti...
2024.04.25 Motion for Equitable Relief to Reopen Lawsuit 057
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.25
Excerpt: ...dence Pl aintiff asserts she has new evidence that justifies reopening the case. The problem with her argument is that a final judgment was entered in the case by Judge George, and it was affirmed on appeal, and the remittitur was issued in November 2022. Even if it were relevant, there is no showing that any of this information, evidence, or argument is new. If anything, much of it is a repeat of the arguments made previously, and specificall...
2024.04.25 Motion for Determination of Good Faith Settlement 860
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.25
Excerpt: ...d Faith Settlement H enkel moves for an order determining that the settlement between Henkel and Plaintiff Mischa Denton (“Plaintiff”) was entered into in good faith pursuant to California Code of Civil Procedure section 877.6. There is no precise yardstick for measuring “goo d faith” of a settlement with one of several tortfeasors. But a court must harmonize the public policy favoring settlements with the competing public policy favoring...
2024.04.25 Motion for Attorney Fees, to Strike or Tax Costs 513
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25
Excerpt: ...ht $2,451.64 arising from Defendants' failure to pay the HOA assessments plus related fees and costs of suit. On 11/18/20, the parties entered into a stipulated judgment against Defendants in the amount of $5,791.74 with fees/costs to be determined. The Court awar ded $13,500 in attorney fees on 2/11/21. On 4/22/21, the Court granted a motion to set aside the judgment. The Court denied Defendants' motion to disqualify counsel on 6/10/21. The Cour...
2024.04.25 Demurrer to FAC 148
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.25
Excerpt: ... The opposition was to include why the Court should not sustain, without leave to amend, the demurrer to the First Amended Complaint. (See ROA 60.) Initially, the Court notes that the opposition does not have a proof of service. A proof of service of the opposition must be filed with the court. (California Rules of Court, rule 1.21(b).) Nevertheless, as a reply on the merits has been filed, the Court will address the merits of the demurrer. The...
2024.04.25 Demurrer 985
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25
Excerpt: ...y to challenge defects that appear on the face of the pleadings under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) No extrinsic evidence can be considered. (Ion Equipment Corp. v. N elson (1980) 110 Cal.App.3d 868, 881.) Therefore, the Court did not consider facts regarding the PPM or the Evertrust Loan Agreement that appear outside the allegations of the FAC in ruling o...
2024.04.25 Demurrer 237
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25
Excerpt: ...overy pro cedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal. App. 3d 905, 908.) A party attacking a pleading on “uncertainty” grounds must specify how and why the pleading is uncertain, and where that uncertainty can be found in t...
2024.04.25 Demurrer 983
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.25
Excerpt: ...24, Cross -Defendants timely filed and serv ed a supplemental declaration pursuant to the Court's March 7, 2024 Minute Order. Despite apparent telephonic conferences to meet and confer held on March 15, 2024, and March 26, 2024, it appears that the parties failed to reach an agreement concerning any of the 11 causes of action at issue. Standing for Dessau and M86 Cross -Defendants contend that Dessau and M86 lack standing to file a lawsuit agai...
2024.04.25 Demurrer 745
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.25
Excerpt: ...9;s stated cause of action. (Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal.App.3d 873, 879- 880.) As to the first, second, third, fourth, and ninth affirmative defenses, Plaintiffs merely assert that they do not qualify as affirmative defenses because they are simply denials of elements of the causes of action in the Complaint. However, Plaintiffs provide no authority for the idea attacking specific elements of a cause of act...
2024.04.25 Demurrer 671
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.25
Excerpt: ...nt cites to Janken v. GM Hughes Elec. (1996) 46 Cal.App.5th 55, 64 -65 as legal authority. In Opposition, Plaintiff contends that the Court previously found a viable claim could be pled based on Plaintiff's protected status if alleged; that the SAC pleads that Plaintiff went on medical leave on 4/23/2020, returned, and then Defendant Leano's conduct worsened when she returned (see SAC, ¶¶ 23 and 32); and the fact that a defendant is in a manage...
2024.04.25 Demurrer 146
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25
Excerpt: ....” (Ladd v. Cou nty of San Mateo (1996) 12 Cal.4th 913, 917.) Plaintiff has sufficiently pled facts to constitute a cause of action for negligence. “[T]he Legislature did not require of regional centers anything like the hour -by -hour monitoring that would have been requir ed to prevent Bobby's tragic death. A regional center is required to establish a “schedule of regular periodic review and reevaluation to ascertain that planned serv...
2024.04.25 Demurrer
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.04.25
Excerpt: ...Cal.3d 311, 318.) A demurrer only tests the sufficiency of the pleadings (See Satyadi v. West Contra Costa Healthcare District (2014) 232 Cal.App.4th 1022, 1028 [in analyzing a demurrer, the court looks o nly to the fac e of th e pleadings and to matters judi cially not iceable]). 1st cause of action for wrongful death/negligence against Travis Hadden An amendment filed after the statute of limitations has run will be deemed filed as of the dat...
2024.04.25 Motion for Reconsideration 207
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.25
Excerpt: ...Lifeguard Operations Division The City. According to the proof of service attached to the motion, the email address used by plaintiff for the City's counsel is “[email protected]” and the correct email address appears to be “[email protected],” based o n the Court's records. With regard to the motions for reconsideration, such must be filed within 10 days of service on her of notice of entry of the order in question. (Code C...
2024.04.25 Motion for Nunc Pro Tunc Order Deeming Petition to Vacate Timely Filed, to Quash Service of Petition 022
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.25
Excerpt: ...ward time ly filed. The Court heard these Motions on 3/28/24 but continued the hearing to allow for further briefing on Petitioner's new argument made for the first time at the hearing. (ROA 47) Petitioner argued that the Motion to Quash should be denied because th e "general appearance" waived any objection to jurisdiction made in Respondents' Motion to Quash. The Court now considers that briefing in addition to the original brie...
2024.04.25 Motion to Lift Bankruptcy Stay 130
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.25
Excerpt: ...ns a contra ctual relationship between plaintiff and Paragon over relocation services to be provided to plaintiff's employees. Pertinent here, the complaint alleged that Morabito was the CEO of Paragon Relocation Services, and Jim Davis was its CFO. It further alleg ed these two individuals were actively contacting plaintiff's employees and improperly threatening to turn them over to debt collectors if they did not pay relocation costs claimed by...
2024.04.25 Motion for Summary Judgment 405
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.25
Excerpt: ...hibits are attach ed to the operative Complaint. (See ROA 2.) Plaintiff filed a Supplement to Complaint attaching what appears to be a 3 -day notice to quit, dated November 1, 2022. (ROA 10.) According to the declaration of service, the notice was personally handed to De fendant Robert Campbell on November 1, 2022. Notably, the dates in the Supplement to Complaint do not match the dates and actions as alleged in the Complaint. II. Request for Ju...
2024.04.25 Motion for Summary Judgment, Adjudication 272
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25
Excerpt: ...at there i s no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in ac...
2024.04.25 Motion to Augment Expert Designation 419
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25
Excerpt: ...t p. 5:16- 18.) However, Plaintiff has not shown that she filed the instant motion in sufficient time in advance of the time limit for the completion of discovery (the 15th day before the initial trial date) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. (See Code Civ. Proc., §§ 2034.610(b); 2024.030.) Trial in this case has been continued several times. Trial was initially set for 4/10/23...
2024.04.25 Motion to Compel Deposition, for Sanctions 871
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.25
Excerpt: ...2020.010(b), 2025.280(b ); see Terry v. SLICO (2009) 175 Cal.App.4th 352, 357, (citing text)] (Code Civ. Proc. § 1985 et seq. dealing with subpoenas generally also apply to deposition Page 3 of 39 subpoenas except as modified by § 2020.010 et seq.; see Code Civ. Proc. § 2020.030.] Personal service of a deposition subpoena requires a person who is a resident of California to appear, testify and produce whatever documents or things are specifi...
2024.04.25 Motion to Compel Further Responses
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.04.25
Excerpt: ...or Production No. 19 , however, is overbroad. Plaintiff has not set forth good cause showing the relevance of documents that are not limited to the transmission defects identified in the repair history for the Subject Vehicle. Because Plaintiff has made a showing fact- specific showing of good cause, the burden shifts to Defendant to justify any objections made to requests for production. Defendant has not filed an opposition or response to th...
2024.04.25 Motion to Compel Further Responses 066
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.04.25
Excerpt: ...errogatories seek the date and address of other purchases or sales of residential real property Defendant has engaged in, either on their own behalf or on behalf of Yu Liu, from 2010 to present. Movants contends this information is relevant to show that Defendant was sophisticated in real estate transactions and that Defendant engaged in fraud and breached the subject purchase contract in this case. In opposition, Defendant contends Plaintiffs th...
2024.04.25 Motion to Compel Production of Docs 735
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.25
Excerpt: ...Cane), and the “Litigation Files” (referring to files from and communications with Bremer Whyte Brown & O'Meara, LLP (BWBO), SMTD Law LLP, and Barry Kellman). GrowthPoint asserts, and Crate and Pickell do not dispute, that Crate and Pickell possess documents from these law firms and lawyers. Except as discussed below regarding Pickell's privilege log, GrowthPoint's motion is granted. In an August 10, 2023 order (ROA 1633), the court (Judge ...
2024.04.25 Motion to Compel Responses, for Sanctions
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.04.25
Excerpt: ...ther, the pr opounding party is not required to file a meet and confer declaration prior to filing its motion to compel, and there is no time limit for the propounding party to file its motion. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacifi c Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) In addition, “[t]he party to whom the interrogatories are directed waives any right to exercise the option to prod...
2024.04.25 Motion to Dismiss or Stay 166
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.25
Excerpt: ... is false and misleading. Complaint (ROA 2) ¶¶ 1, 16 -20. Plaintiff alleges his claims on his own behalf and that of a putative class comprised of “[a]ll persons in California who purchased the Product during the statutes of limitations for each cause of action all eged.” Id. ¶ 43. Plaintiff alleges five causes of action: (i) violation of the California Unfair Competition Law; (ii) violation of the California False Advertising Law; (iii) ...
2024.04.25 Motion to Quash Service of Summons
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.04.25
Excerpt: ...ns, our Legislat ure has authorized the broadest possible exercise of jurisdiction.” (Id. at 108.) “When a debtor files a Chapter 7 petition, the debtor lists each of his creditors.” (In re McGhan (9th Cir. 2002) 288 F.3d 1172, 1176.) “The appointed bankruptcy trustee convenes a meeting of these creditors pursuant to 11 U.S.C. § 341(a).” (Id.) “All creditors must receive at least 30 days' advance notice of the creditors' mee...
2024.04.25 Motion to Quash Service of Summons 875
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.25
Excerpt: ...of jurisdiction. When a defendant challenges that jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.” (Dill v. Berquist Construction Co. (199 4) 24 Cal.App.4th 1426, 1439 -1440.) The parties agree that there is no basis for the exercise of general personal jurisdiction over Defendant. The question is whether speci�...
2024.04.25 Motion to Seal Docs, to Compel Further Responses 931
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.25
Excerpt: ..., special interrogatories and requests for production. Those three motions are CONTINUED as set forth below. MOTION TO SEAL A party requesting that a court record be filed under seal “must file a motion or an application for an order sealing the record.” CRC 2.551(b)(1). “ The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (Id.) Here, Americor submits the ...
2024.04.25 Motion to Strike 520
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.04.25
Excerpt: ...iscretion, and upon t erms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any 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.” (Civ. Proc. Code § 436.) Kui requests the court strike several portions of plaintiff D'Mario Few -Brewer's (“Plaintiff”) First Amended Complaint (“FAC”) which co...
2024.04.25 Petition to Compel Arbitration and Stay Judicial Proceedings
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.04.25
Excerpt: ...etween the C ontractor [Titan] and the Owner [District], under or in reference to this contract, may be subject to the decision of some competent person to be agreed upon by the Owner and the Contractor who shall act as referee, and his decisions shall be final and conclusive upon both parties.” (Titan Group, Inc. v. Sonoma Valley County Sanitation Dist. (1985) 164 Cal.App.3d 1122, 1125.) The trial court denied the plaintiff's motion to compel...
2024.04.25 Petition to Confirm Arbitration Award 277
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.04.25
Excerpt: ...he hear i n g . C od e C i v. Proc. § 1 2 9 0 .2 . Wh ere th e a rb itrati on ag ree men t d oes n ot p rov i d e t h e m an n e r in which service shall be made and the person on whom service is to be made has not previously appeared in the proceeding and has not previously been served in a ccordance with section 1290.4(a) of the Code of Civil Procedure, for service in California the petition and notice of hearing must be served in a manner pro...
2024.04.24 Motion to Strike or Tax Costs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.04.24
Excerpt: ...atter of cost s ….” (Bankes v. Lucas (1992) 9 Cal.App.4th 365, 369; Carpenter v. Jack in the Box Corp. (2007) 151 Cal.App.4th 454, 461, 59 Cal.Rptr.3d 839 [appeal did not divest trial court of jurisdiction to consider fees and costs].) CCP Section 998 Offers and Their Effect on Costs “ ‘ “[C]osts” of a civil action consist of the expenses of litigation .... The right to recover any such costs is determined entirely by statute.' ” (O...

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