Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

16237 Results

Location: Orange County x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 50,50
Array
(
)
2024.06.13 Motion for Attorney Fees 943
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.06.13
Excerpt: ... award of reasonable attorneys' fees and costs pursuant to Civil Code section 1717, as they are authorized by the Promissory Note at issue in this case. Plaintiff asserts that the Court executed a Judgment in favor of Plaintiff on September 12, 2023; that on March 21 , 2024, its prior motion for attorney's fees was denied without prejudice to Plaintiff re -filing the motion; that the instant motion is timely per the Court's order as it was re -�...
2024.06.13 Demurrers, Motions to Strike 521
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.06.13
Excerpt: ...lack of staffin g.” He wants to “add additional causes of action and clarify others.” Counsel for the defendants are adamantly opposed to any further leave to amend. They submitted comprehensive declarations that demonstrated that the plaintiff's counsel has not active ly participated in this action, and that this has cost their clients substantial fees and costs. Plaintiff is a gastroenterologist with clinical privileges at the surgicenter...
2024.06.13 Demurrer, Motion to Strike 599
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.06.13
Excerpt: ...n the demurrer , the court “treats the demurrer as admitting all material facts properly pleaded.” "If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is goo d against a demurrer." (Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38.) Breach Of Implied Warranties – 1st Cause of Action Plaintiff bases...
2024.06.13 Demurrer to FAC 674
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.06.13
Excerpt: ... Jared Peterson, ¶¶45.) This is not an adequate meet and confer. The requirements set forth in the Code of Civil Procedure are not suggestive. Counsel are ADMONISHED to comply with all requirements set forth in the applicable codes and case law, in the future. Despite the la ck of meet and confer, the Court will address the merits of the demurrer. Defendants contend that the FAC which asserts a single cause of action for negligence/premises lia...
2024.06.13 Demurrer 907
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.06.13
Excerpt: ...pe here] [Type here] [Type here] [Type here] [Type here] [Type here] As an initial matter, the Court notes that both parties refer to the Section 17200 cause of action as the eighth cause of action, when it is the ninth cause of action in the FAC. Third Cause of Action for Actual F raud Every element of the cause of action for fraud must be alleged in full, factually and specifically. The policy of liberal construction of pleading will not be in...
2024.06.13 Demurrer 587
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.06.13
Excerpt: ...mages to the plainti ff.” Oasis West Realty, LLC v. Goldman, 51 Cal. 4th 811, 821 (2011). “A cause of action for breach of implied contract has the same elements as does a cause of action for breach of contract, except that the promise is not expressed in words but is implied from the promisor's conduct.” Yari v. Producers Guild of Am., Inc., 161 Cal. App. 4th 172, 182 (2008). Here, the allegations do not sufficiently allege the existen...
2024.06.13 Motion for Attorney Fees
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.06.13
Excerpt: ...� 1794.) Civil Code § 1794 (d) requires the attorney fees to be based on “actual time expended” and to have been “reasonably incurred.” The lodestar adjustment method requires the trial court first to determine a lodestar figure based on actual time spent and reasonable hourly compensation for each attorney. (Robertson, 144 Cal.App.4th at 819, citing Serrano v. Priest (1977) 20 Cal.3d 25, 48–49.) For Song–Beverly Consumer Warranty Ac...
2024.06.12 Motion to Compel Deposition (2)
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.06.12
Excerpt: ...ing to take an oral deposition of a person who is under the jurisdiction of the court shall give written notice of the deposition. (See Code Civ. Proc., § 2025.220, subd. (a).) “If, after service of a deposition notice, a party to the action or an officer, director , managing agent, or employee of a party, or a person designated by an organization . . ., without having served a valid objection under Section 2025.410, fails to appear for examin...
2024.06.12 Demurrer, Motion to Strike
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.06.12
Excerpt: ...ts On Aug ust 25, 2023, Plaintiff Christopher Wood filed this action. [ROA #2]. On January 31, 2024, Plaintiff Christopher Wood filed the operative First Amended Complaint (“FAC”) against Defendants Christopher Calafiore, CRC Construction & Consulting, Christopher P arr, and Lighthouse Escrow, Inc. [ROA #58]. The FAC alleges causes of action for: • C/A 1: Declaratory Relief (against CRC, Calafiore) • C/A 2: Breach of Written Contract ...
2024.06.12 Motion for Attorney Fees 841
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.06.12
Excerpt: ...Proc. § 1033.5(a)(10)(A), attorney's fees authorized by contract are allowable as costs under CCP § 1032. The “prevailing party” is the party with a net monetary recovery or for whom judgment is entered, or the party who recovers “greater relief” on the contract claim. Code Civ. Proc. § 1032(a)(4); Civil Code § 1717(b)(1). Here, the lease Plaintiff sued on contained an attorneys' fees provision that encompassed the claims for money ma...
2024.06.12 Motion for Summary Judgment, Adjudication 324
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.06.12
Excerpt: ...elevant is sufficient. Plaintiff's evidentiary objections nos. 2, 3, 4, 5, 7, 11, 12, 13, 15, 16 are sustained; the remaining are overruled. Under Code Civ. Proc. § 437, 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 that party contends that the cause of action has no merit or that there is no affirm...
2024.06.12 Motion to Compel Deposition
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.06.12
Excerpt: ...ED in part and DENIED in part. Subject to the limitations identified below, Defendant shall produce its PMQ(s) for deposition to testify to Category Nos. 1 -5, 10 -12, 14, 19- 21, and 23 at a mutually agreeable time and place on or before July 12, 2024. The remainder of the motion is denied. Any party may obtain discovery by taking in California the oral deposition of any person, including any party to the action. (See Code Civ. Proc., § 2025.0...
2024.06.12 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.06.12
Excerpt: ...“The motio n provided for in this section may be made only after one of the following conditions has occurred: … (2) If the moving party is a defendant, and the defendant has already filed his or her answer to the complaint and the time for the defendant to demur to the complaint has expired.” (Code Civ. Proc., § 438, subd. (f)(2).) “The motion provided for in this section may be made even though either of the following conditions exist...
2024.06.12 Motion to Compel Further Responses 219
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.06.12
Excerpt: ...representation that the party lacks the ability to comply with the demand,” or “[a]n objection to the particular demand.” (Code Civ. Proc., § 2031.210(a).) A statement that the party will comply with the request “shall state that the production, inspection, copying, testin g, or sampling, and related activity demanded will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the pos...
2024.06.12 Motion to Set Aside Default Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.06.12
Excerpt: ...d by a cop y of the answer or other pleading proposed to be filed therein2, 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.” (C ode Civ. Proc., § 473, subd. (b).) The court has wide discretion to grant relief under the statute authorizing relief from a proceeding taken against a party through his or her m...
2024.06.12 Motion to Stay
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.06.12
Excerpt: ...e is containe d in an adhesion contract, that clause in an adhesion contract is enforceable even though the defendant did not actually read it [Citation] as long as the clause provided adequate notice to the defendant that he was agreeing to the jurisdiction cited in th e contract. [Citation.] However, when the clause does not give adequate notice to the defendant that he is agreeing to the jurisdiction cited in the contract, the requisite mutual...
2024.06.12 Petition for Writ of Mandate
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.06.12
Excerpt: ...he use and e njoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that inferior tribunal, corporation, board, or person.” (Code Civ. Proc., § 1085, subd. (a).) “The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon the verified petition of the party beneficially interested.” (Code Civ....
2024.06.12 Motions to Compel Further Responses 866
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.06.12
Excerpt: ...ssion to e ither: (1) answer the substance of the requested admission or (2) set forth an objection to the request. Unless a request is wholly objectionable, the party may object to only the part of the request that is objectionable but must answer the remainder. (Co de Civ. Proc. § 2033.230, subd. (a).) The propounding party may move for an order compelling a further response if it contends that an answer to a particular request is evasive or i...
2024.06.12 Motions to Seal Certain Docs
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.06.12
Excerpt: ...s. 128 -139, and FROGG no. 17.1 are sealed. [ROA # 1195 -1202] The Court Clerk is instructed to remove ROA # 1203 from the public docket, and Defendant is directed to file a corrected version of same, but which redacts the confidential information identified in Plaintiff' s Motion. The Court seals the portions of ROA # 1203 that describe or summarize the contents of Exhibits 10, 11, and 15 to the Kelly Declaration. In addition, Exhibits 1, 2, ...
2024.06.12 Motion to Contest Good Faith Settlement
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.06.12
Excerpt: ...al notice of Rainbow's motion for summary judgment and SB Financial's Opposition to that motion. The Court grants the request. (Evid. Code § 452(d).) 2) Sufficiency of Notice Code Civ. Proc., § 877.6(a) provides: (1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co -obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plain...
2024.06.11 Demurrer, Motion to Strike 541
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.06.11
Excerpt: ...leged in the c omplaint. [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 alleg ations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4th 1...
2024.06.11 Demurrer 628
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.06.11
Excerpt: ...e.) But since a similar situation happened last time, the court will rule on the merits. First COA: - Fraud claims must be pleaded with particularity. - “[A] duty to disclose may arise from the relationship between seller and buyer, employer and prospective employee, doctor and patient, or parties entering into any kind of contractual agreement.” - Here, although the FACC does not specifically allege that Bianco owed Franklin a duty to discl...
2024.06.11 Motion to Dismiss, to Strike, Demurrer 903
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.06.11
Excerpt: ...ant's d emurrer to the Third Amended Complaint without leave to amend. [ROA 214] A notice of ruling attaching the Minute Order from the Court's ruling was filed by Defendant and served upon Plaintiff on November 29, 2023. [ROA No. 218] A signed order of the same was entered by Court on December 8, 2023. [ROA No. 178] On December 19, 2023, Plaintiff filed her Fourth Amended Complaint, again naming Moving Defendant as a party, in violation of the...
2024.06.11 Motion to Strike 135
Location: Orange County
Judge: Apkarian, Gassia
Hearing Date: 2024.06.11
Excerpt: ... 2) Demurrer to Amended Complaint Defendant moves for an order sustaining the Demurrer to the first cause of action for breach of contract, second cause of action for accounting, and third cause of action for unfair business practices in the Third Amended Complaint pursuant to Code of Civil Procedure section 430.41. 1) Breach of contract: Plaintiff alleges that the parties agreed orally to extend the agreement. Plaintiff has alleged the terms of...
2024.06.11 OSC Re Contempt 850
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.06.11
Excerpt: ...en the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt. . .” (Code Civ. Proc. § 1211, subd. (a).) “[T]he affidavit by which a contempt proceeding is instituted, in order to sufficiently support an adjudication of contempt, must state facts constituting the offense, otherwise the court is without...
2024.06.10 Motion for Pre-Trial Discovery 064
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.06.10
Excerpt: ...covery of Financial Condition The right to pretrial discovery of the financial condition of the defendant generally is limited to the identification of documents in defendant's possession that are admissible (not merely relevant) and the identification of “witnesses employed by or related to the defendant who would be most competent to testify” on these issues. (Civil Code, § 3295, subd. (c).) Although not a form of pretrial discovery, a ...
2024.06.10 Demurrer 615
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.06.10
Excerpt: ...laney v. Baker (1999) 20 Cal.4th 23, 34, 82); (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs (Sababin v Superior Court (2006) 144 Cal.App.4th 81, 85, 90); and (3) denied or withheld goods or services necessary to mee t the elder or dependent adult's basic needs, either with knowledge that injury was substantially certain to befall the elder or dependent adult (if the plaintiff al...
2024.06.10 Demurrer 749
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.06.10
Excerpt: ...l.App.5th 237, 246, citing J.J. v. County of San Diego (2014) 223 Cal.App.4th 1214, 1219.) As the purpose of the Government Claims Act is to allow a public entity to evaluate a claim and settle without the cost of litigation, any attempt to file after already beginning a lawsui t does not satisfy the purpose of the Act. (Ibid.) Here, both the original Complaint and the FAC are completely devoid of any allegations as to presentation of a governme...
2024.06.10 Demurrer 764
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.06.10
Excerpt: .... and Niem K. Nguy en, M.D. (“Physician Defendants”) to Plaintiff's SAC is sustained. Besides pleading issues discussed below, the court finds that Plaintiff's causes of action in her SAC are barred under the federal Public Readiness and Emergency Preparedness Act, 42 U.S.C . §§ 247d -6d, 247d -6e (the “PREP Act”). The court will hear from counsel as to whether leave to amend should be granted. Hendy v. Losse (1991) 54 Cal.3d 723, 742....
2024.06.10 Demurrer, Motion to Strike 366
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.06.10
Excerpt: ... Good Faith and Fair Dealing; (4) Nuisance; (5) Waste; and (6) Declaratory Relief. Defendant demurs to all 6 causes of action. “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996. The Court must determine “whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense.” Ibid. The Court assumes “the truth...
2024.06.10 Demurrer, Motion to Strike 749
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.06.10
Excerpt: ...der of Carr's reques t for judicial notice, because it is not appropriate to take judicial notice of the truth of the contents in the exhibits to resolve disputed facts on demurrer. (Ramsden v. Western Union (1977) 71 Cal.App.3d 873, 879.) Carr generally demurs to the four c auses of action asserted against her in the FAC, which includes: the 2nd COA for intentional interference with contractual relations; the 3rd COA for intentional interference...
2024.06.10 Demurrer, Motion to Strike 840
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.06.10
Excerpt: ...demurs to the secondsixth causes of action for failing to state facts sufficient to constitute a cause of action. CCP, § 430.10(e). “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the compla...
2024.06.10 Motion for Attorney Fees 284
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.06.10
Excerpt: ...t of $57,6 92.31. Plaintiff Jin Guo shall be entitled to prejudgment and post - judgment interest calculated at the rate of 12% per year upon the sum of $19,230.77 from the date of commencement of this action (May 28, 2021) until such time as the sum is or was paid. Plaintiff Jin Guo shall prepare a proposed amended judgment consistent with the above awards. Plaintiff Jin Guo shall serve the proposed amended judgment on Defendant Jiangxi Copper I...
2024.06.10 Motion for Attorney Fees 613
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.06.10
Excerpt: ...t Court's or other Superior Court's decisions. “Although a court may judicially notice a variety of matters (Evid.Code, § 450 et seq.), only relevant material may be noticed.” (Mangini v. R. J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063 overruled on other grounds, in In re Tobacco Cases II (2007) 41 Cal.4th 1257; see also Gbur v. Cohen (1979) 93 Cal.App.3d 296, 301 (“judicial notice, since it is a substitute for proof [] is always co...
2024.06.10 Motion for Leave to File Complaint, for Trial Preference
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.06.10
Excerpt: ... may apply to the court for leave to amend his pleading, or to file a crosscomplaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross -complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally constru...
2024.06.10 OSC Re Preliminary Injunction 347
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.06.10
Excerpt: ...other, show satis factorily that sufficient grounds exist therefor.” (Civ. Proc. Code § 527(a).) “The general purpose of a preliminary injunction is to preserve the status quo pending a determination on the merits of the action.” (SB Liberty, LLC v. Isla Verde Assn., Inc . (2013) 217 Cal. App. 4th 272, 280.) The burden to prove all elements necessary to support the issuance of a PI is on the party seeking the relief. (O'Connell v. Supe...
2024.06.10 Motion for Summary Judgment, Adjudication 046
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.06.10
Excerpt: ...ibility of Loui s Dean Frasche's declaration and exhibits attached to Tropitone's Notice of Lodgment (objections 1 - 31) on several grounds: Hearsay (Evid. Code, § 1200), Lacks Foundation (Evid. Code § 400), Lacks personal knowledge (Evid. Code § 702), Speculation (Evid. Code § 702), Irrelevant (Evid. Code § 210, 350 -351); Lacks Authentication (Evid Code § 1400). With respect to Tropitone's discovery requests and Plaintiffs' and Creekside ...
2024.06.10 Motion for Summary Judgment, Adjudication 287
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.06.10
Excerpt: ... an initial burden of pro duction to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact.” (Food Safety Net Services v. Eco Safe Systems USA, Inc. (2012) 209 Cal.App.4th 1118, 1124.) A defendant...
2024.06.10 Motion for Summary Judgment, Adjudication 701
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.06.10
Excerpt: ...ng party to produce admissible evidence showing a triable issue of fact exists. Code of Civil Procedure § 437c(p)(2); Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 72. The allegations of the complaint delimit the scope of the issues on a motion for summary j udgment/adjudication. Oakland Raiders v. National Football League (2005) 131 Cal.App.4th 621, 648; Couch v. San Juan Unified School Dist. (1995) 33 Cal.App.4th 1491, 1499. Defendant ...
2024.06.10 Motion to Compel Arbitration 429
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.06.10
Excerpt: ...this motion. HMA moves to compel arbitration pursuant to the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and Code of Civil Procedure Sections 1281 et seq. The FAA “applies where there is ‘a contract evidencing a transaction involving commerce.'” Allied- Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277 [quoting 9 USC § 2] [emphasis in original]. Here, HMA moves to compel arbitration under a: (1) Owner's Handbook & Warr...
2024.06.10 Motion to Compel Discovery 135
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.06.10
Excerpt: ...an Honda M otor Co., Inc. may withhold documents on the basis of privilege or other discovery protections, provided they provide a privilege log with sufficient detail to allow Plaintiff and the court to determine if the documents are protected. Plaintiff Maria Cord ova moves to compel further responses to Request for Production, Set One, Request Numbers 1 to 31, served on Defendant American Honda Motor Co., Inc. Standard to Compel Further Respon...
2024.06.10 Motion to Quash Summons and Complaint 387
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.06.10
Excerpt: ...: This is a fr audulent transfer action related to the collection of a judgment. On November 9, 2023, Plaintiff DMS 2 LLC, a Nevada limited liability company (“Plaintiff”), filed a Complaint seeking damages caused by Defendants' alleged efforts to hinder, delay, and defr aud Plaintiff from collecting a judgment obtained against non -parties Jason Levecke and Andrea Levecke (“Debtors”). The named Defendants are: • Levecke Corporation �...
2024.06.10 Motion to Strike 004
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.06.10
Excerpt: ...state, a c ourt rule or an order of the court. Code Civ. Proc. § 436. “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief n ot support by the allegations of the complaint. Code Civ. Proc. § 431.10(b). A motion to strike can also strike legal conclusions. Weil & Brown, Cal. Prac. Guide, Civil Proc. befo...
2024.06.10 Motion to Strike 859
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.06.10
Excerpt: ...deems proper: (a) Strike out any irr elevant, 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.) Defendant requests the court strike FAC ¶¶ 16, 30, and 35- 36 (“Paragraphs” together). Each of the Paragraphs contain allegations that were not included in Plaintiff's...
2024.06.10 Motion to Strike or Reduce Costs 387
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.06.10
Excerpt: ... the party contesting th em to show that they were not reasonable or necessary. (FoothillDe Anza Comm. College Dist. v. Emerich (2007) 158 Cal.App.4th 11, 29; Wagner Farms, Inc. v. Modesto Irrigation Dist. (2006) 145 Cal.App.4th 765, 773- 74.) The party challenging costs does not m eet this burden by arguing that the costs were not necessary or reasonable, but must present evidence and prove that the costs are not recoverable. (Seever v. Copley P...
2024.06.10 Motion to Tax Costs 368
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.06.10
Excerpt: ...on 1033.5, en acted in 1986, codified existing case law and set forth the items of costs which may or may not be recoverable in a civil action. [Citation.]' [Citation.] An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nev ertheless be recoverable in the discretion of the court if ‘reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparati...
2024.06.07 Motion to Quash Service of Summons
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.06.07
Excerpt: ...[Citations.] A p erson's consent to jurisdiction ‘may be expressed by words or by conduct.' [Citation.] [¶] Agreeing to resolve a particular dispute in a specific jurisdiction, for example, is one means of expressing consent to personal jurisdiction of courts in the for um state for purposes of that dispute.” (Szynalski v. Superior Court (2009) 172 Cal.App.4th 1, 7.) Here, the parties have agreed to resolve their disputes in California....
2024.06.07 Motion to Dismiss Settlement Agreement, to Set Aside Default, Judgment
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.06.07
Excerpt: ...by counsel. Defendant does not request relief from carelessness or inadvertence with claims to be resolved in a trial on the merits. Rather, Defendant requests the court set aside Defendant's own agreement to settle this litigation, an agreement made while Defendant was repres ented by counsel and after protracted negotiation. There is no evidence proffered that the settlement agreement was illegal, coerced, or a product of any fraud that would w...
2024.06.07 Motion to Compel Deposition 264
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.06.07
Excerpt: ... of a person who is under the jurisdiction of the court shall give written notice of the deposition. (See Code Civ. Proc., § 2025.220, subd. (a).) “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization . . ., without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, o...
2024.06.07 Motion for Terminating Sanctions
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.06.07
Excerpt: ...l Procedur e section 2023.030 provides that a court may impose sanctions against anyone engaging in conduct that is a misuse of the discovery process. (See Code Civ. Proc., § 2023.030.) Sanctionable discovery abuses include, among other things, spoliation of evidence . (Dept. of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154, 191.) Spoliation of evidence “is defined as the destruction or alteration of relevant evidence or the ...

16237 Results

Per page

Pages