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2018.3.29 Demurrer, Motion to Strike 243
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.29
Excerpt: ...Amended Complaint by these defendants, and granted plaintiff leave to amend. While plaintiff apparently served an amended pleading on Moving Parties, none was filed with the court. The motions were originally heard on 2-22-18, and continued in order for plaintiff to file the amended pleading with the court, but none was filed. The court notes that moving parties filed and served a notice of continuance, but proof of service of that notice was def...
2018.3.29 Motion to Compel Arbitration, Stay proceedings 982
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.29
Excerpt: ...trate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. … Public policy favors enforcement of arbitration agreements under state law (Madden v. Kaiser Found. Hospitals, Inc. (1976) 17 Cal.3d 699, 706-707), and any doubts as to whether an arbitration clau...
2018.3.29 Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.29
Excerpt: ...e plaintiff to demonstrate the merit of the claim by establishing a probability of success. (Id.) Only a claim that satisfies both prongs of the statute - i.e., that arises from protected speech or petitioning and lacks even minimal merit - can be stricken. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88-89.) Here, Prong 1 is met. A claim arises from protected activity when that activity underlies or forms the basis for the claim. (Area 51 Product...
2018.3.29 Motion to Set Aside Default
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...g on December 29, 2017; the court (Judge Robert Moss) requested supplemental briefing and continued the motion hearing to January 26, 2018. On January 26, 2018, the court issued a tentative ruling on Trustee Doan's motion and held argument; following argument, the court requested further supplemental briefing and continued the motion hearing to March 2, 2018. The case, including Trustee Doan's motion, was thereafter transferred to this court and ...
2018.3.29 Motion to Quash Service of Summons 990
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.29
Excerpt: ...ed to a corporation's place of incorporation or its principal place of business absent exceptional circumstances. Daimler AG v. Bauman (2014) 571 U.S. 117, 134 S.Ct. 746, 761 to 762 and Martinez v. Aero Caribbean (9 th Cir. 2014) 764 F.3d 1062, 1070. The Neadeau authority simply based on percentage of business conduct by a non-resident corporation in a forum state has thereby been negated as a basis for general jurisdiction. As to specific jurisd...
2018.3.29 Motion to Expunge Lis Pendens 814
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.3.29
Excerpt: ...ial notice is granted. (Ev. 452(d)(1); Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265.) Moving parties to give notice. ...
2018.3.29 Motion to Dismiss Action
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.29
Excerpt: ...ction and venue of such court in Belize as the sole and exclusive forum for the resolution of claims by the parties arising under or relating to this Real Estate Purchase Contract." Declaration of Steven Fales Exhibits A and B. The law in this area is well-established. “In California, the procedure for enforcing a forum selection clause is a motion to stay or dismiss for forum non conveniens ... , but a motion based on a forum selection clause ...
2018.3.29 Motion to Compel Responses 468
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.3.29
Excerpt: ...d motion to compel responses to plaintiff's form interrogatories and special interrogatories by defendant Babette Angelo, pursuant to C.C.P. § 2030.290(b), is GRANTED. Defendant Babette Angelo is ordered to provide responses, without objections, to plaintiff Hughes' form interrogatories and special interrogatories within 21 days of service of a notice of ruling by plaintiff. If defendant Babette Angelo remains incapacitated because of the claime...
2018.3.29 Motion to Compel Med Exam
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...e following reasons, Defendants' motions are granted. Plaintiff failed to appear for a defense medical examination noticed for January 4, 2018. Plaintiff did not serve objections to the noticed date or otherwise communicate to Defendants that he would not appear. Defendants have rescheduled the medical examination for April 26, 2018. Plaintiff is ordered to appear on April 26, 2018 at 9:00 a.m. at the offices of Steven Nagelberg, M.D., 10800 Para...
2018.3.29 Motion to Compel Further Responses 920
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...at it is entitled to disgorgement of any profits Bridgemark may have earned due to its operation of the wells which it was required to abandon. It concedes it is not entitled to disgorgement of profits for its contract claims, but contends it is entitled to disgorgement pursuant to its trespass claim and cites Civil Code section 3334, subdivision (a). But that code section says nothing about “disgorgement,” and the moving party fails to provi...
2018.3.29 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...zing or referring to any communications Royal Pacific had with Defendant Christopher A. Calderon since January 1, 2016 concerning Royal Pacific's hiring of Calderon. Request No. 7 seeks documents reflecting or referring to compensation and benefits Royal Pacific offered Calderon to become employed at Royal Pacific. Royal Pacific objected to both requests on various grounds and stated that it could not produce any responsive documents because “i...
2018.3.29 Motion to Compel Arbitration, Stay Proceedings 123
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.29
Excerpt: ... offer and the signed written agreement providing for binding arbitration in reply by Ms. Andrea Mullens, defendants carried their burden of establishing a written agreement containing a provision for binding arbitration entered into with plaintiff Tara Johnson. Also, this written agreement evidences that plaintiff Johnson's FEHA claims for harassment, discrimination, retaliation, and related employment claims are within the scope of this agreeme...
2018.3.29 Motion to Strike Punitive Damages 487
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...ficient to support a claim that this was despicable conduct under Civil Code section 3294. Defendant Parker Kirsten shall file an answer to the complaint within 10 days. The plaintiff shall give notice. ...
2018.3.29 Motion to Compel Answers 555
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...e defendant Ford Motor Company filed a motion to compel a vehicle inspection. It appears that the vehicle was last in the possession of the defendant and it has since been sold at auction. Under those facts, it must be assumed the defendant knew, or should have known, at the time the vehicle inspection request was made and the motion to compel was filed that the plaintiff did not have the vehicle. The motion is DENIED. The motion appears to have ...
2018.3.29 Motion to Change Venue 403
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.29
Excerpt: ...likelihood that a fair and impartial trial cannot be had in the county. When a change of venue is ordered by the superior court, it shall be for the trial itself. All proceedings before trial shall occur in the county of original venue, except when it is evident that a particular proceeding must be heard by the judge who is to preside over the trial. (b) On its own motion or on motion of any party, to an adjoining county when it appears as a resu...
2018.3.29 Motion to Change Venue 200
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.29
Excerpt: ...this basis in a criminal case by a criminal defendant. This is not a criminal case and moving parties are plaintiffs, not defendants. Moving party also cites 28 USC 1404, which authorizes changes of venue in federal district courts. This authority is not applicable to this state court action either. Rather, the correct authority would be C.C.P. § 397(b): “The court may, on motion, change the place of trial … [w]hen there is reason to believe...
2018.3.29 Motion to be Relieved as Counsel 781
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.29
Excerpt: ...ns filed 3-9-17.) Rule 3.110(g) provides that: “If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed. The court may issue an order to show cause why sanctions should not be imposed if the plaintiff fails to timely file the request for the entry of default.” The ...
2018.3.29 Motion for Summary Judgment 765
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.29
Excerpt: ...ount of $240,000, which represents damages from April 2017 through the date of this hearing. Plaintiff has met his initial burden on this motion. The evidence shows plaintiff and FEE entered into the subject settlement agreement, which required FEE to pay certain sums to plaintiff as set forth in paragraphs 2 and 3 therein. (Fakouri Decl. at ¶ 2, authenticating FAC at Exh. A [subject settlement agreement]; Maryam Ewalt Decl. at ¶ 4, Exh. A) The...
2018.3.29 Motion for Reconsideration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.29
Excerpt: ...counsels' emails is that defendant agreed to extend plaintiff's time to respond only to other written discovery. The parties agreed to “a reciprocal extension regarding Plaintiff's responses to Defendants' Third Set of Discovery.” (Stone Decl. Ex. 2, emphasis added.) They “agreed Plaintiff's deadline to respond to the subject discovery is continued from Aug. 15th to Aug. 23rd.” (Ibid., emphasis added.) On August 23, plaintiff's counsel so...
2018.3.29 Motion for Reclassification
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...aracterization of her claimed damages and the evidence and arguments submitted in support of Defendant's motion do not otherwise demonstrate that the Walker standard is met here. Plaintiff to give notice. ...
2018.3.29 Motion for Leave to File Answer 643
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.3.29
Excerpt: ... will promote resolution on the merits of all issues between the parties, and Plaintiffs will not suffer prejudice due to the opposition, as Plaintiffs were aware of Defendant's position no later than 01/08/2018. (Code Civ. Proc., §§ 473(a)(1), 576.) Defendant shall within ten (10) days file and serve the second amended verified answer, which is attached to the motion as Exhibit A. Defendant to give notice. ...
2018.3.29 Motion for Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.29
Excerpt: ...016, and continuing with monthly payments of $300 each, starting in May 2016 and continuing thereafter. A judgment can be entered reflecting the terms of the settlement as provided for in the transcript of the April 15, 2016 proceeding. But the court cannot add to the terms, by having the future payments that Defendants agreed to make, to be advanced and now declared due and owing. The Defendants did not agree to such a term in their settlement. ...
2018.3.29 Demurrers 547
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.29
Excerpt: ... subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” Moving Party shall file and serve a declaration detailing compliant meet and confer efforts no later than five court days prior to the continued hearing date. ...
2018.3.29 Motion to Strike 733
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.3.29
Excerpt: ... of plaintiff Cara Crouch. (See, Declaration of Charles Richardson in Support of Motion & Memorandum of Costs filed 6-27-17.) Rule 3.1700(a)(1) requires filing and service of a memorandum of costs. In addition, the stipulation to withdraw between attorney Keesling on behalf of plaintiff Cara Crouch and defendant TCCSA is not shown to cover the memorandum of costs attached to the declaration of attorney Charles Richardson. The stipulation in conte...
2018.3.29 Motion to Tax Costs 823
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...$100,000 by the end of trial. It is undisputed the plaintiff failed to obtain a more favorable verdict—it was a 12-0 defense verdict. The burden was on the plaintiffs to show that the offers were not made in good faith. (Elrod v. Oregon Cummins Diesel, Inc. (1987) 195 Cal.App.3d 692, 700.) It failed to meet its burden. The court further finds the offers were reasonable. They were made nearly three years after commencement of the action in 2013;...
2018.3.29 Motion toTransfer Matter 524
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...ence is CONTINUED to July 11, 2018, at 8:30 am. It does not appear that all parties have appeared in the action. All parties are ORDERED to file new Case Management Conference Statements prior to the new hearing in accordance with the Local Rules. The defendant shall give notice. ...
2018.3.29 Petition for Writ of Mandate
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...writ proceeding. Pursuant to section 1094.5(b), the inquiry extends to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion. Cal. Civ. Proc. Code § 1094.5(b). Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or t...
2018.3.29 Motion to Vacate Default 599
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.3.29
Excerpt: ......
2018.3.5 Motion to Compel Arbitration 207
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.3.5
Excerpt: ...ldn't hurt if it were set out from the rest of the verbiage. The court would like to hear argument. ...
2018.3.5 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.5
Excerpt: ...§§ 1792, 1791.1, 1791(a); Mega RV Corp. v. HWH Corp. (2014) 225 Cal.App.4th 1318, 1335-1337 [implied warranty generally inapplicable to components that are not “‘stand-alone product[s]'”]; see also Def. SSUF #4-5, 19-26, 28; Pl. Opp. at 12:23 [slide out and steps], 14:4 [same].) The complaint states the 1st cause of action is asserted only against another defendant, Evergreen Recreational Vehicles. But even if the complaint is construed a...
2018.3.5 Motion to Compel Arbitration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.5
Excerpt: ... SETS a status conference re binding arbitration for 9/10/18 at 10 am in Dept. C- 12. Defendant Roth Staffing met its burden to show a written arbitration agreement exists that covers plaintiff's claims against it and provides for arbitration pursuant to the FAA. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; Shepard v. Edward MacKay Enterprises, Inc. (2007) 148 C...
2018.3.5 Motion to Compel
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.5
Excerpt: .... (b).) If full information is not yet available, plaintiff must “reveal all information then available to” him. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 782.) He may not simply “assert[] [his] inability to respond.” (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 406.) And plaintiff has not met his burden to justify his objections. (Coy v. Superior Court (1961) 58 Cal.2d 210, 220-221...
2018.3.5 Motion to Change Venue
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.5
Excerpt: ...; Bostanian v. Liberty Savings Bank (1997) 52 Cal.App.4th 1075, 1083; M & M Foods, Inc. v. Pacific American Fish Co., Inc. (2011) 196 Cal.App.4th 554, 562.) But that is not addressed in the venue motion, and is not jurisdictional. The Court has thus addressed the merits of the venue motion. A defendant is entitled to have an action tried in the county of his residence unless the action falls within some exception to the general venue rule. (C.C.P...
2018.3.5 Motion to be Relieved as Counsel 508
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.3.5
Excerpt: ...o be no later than 2-2-18, making service on 2-8-18 untimely. In addition, the efforts made by the moving law firm to confirm the current address of its client are not sufficient. When the client's address cannot be confirmed, the attorney must make “reasonable efforts” to confirm the address (or locate a more current address). (CRC 3.1362(d)(1)(B)) Simply mailing the motion to the last known address, return receipt requested, and calling the...
2018.3.5 Motion to be Relieved as Counsel 449
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.5
Excerpt: ...ed orders with corrections to section 8 regarding future hearings. The Court notes that the proposed order does not mention the pending motion to consolidate or motion to strike, and the dates for the CMC and pending demurrer are incorrect. The Court further notes that any order that might be entered relieving counsel would not become effective until counsel filed with the Court proof that it had serve the order relieving it on the clients. ...
2018.3.5 Motion to be Relieved as Counsel 381
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.5
Excerpt: ...onship.” The declaration submitted in support of this Motion supports withdrawal under Rules of Professional Conduct, rule 3-700, subdivision (C)(1)(d). Moving Counsel will remain the attorney of record for Mr. Contreras until Moving Counsel files proof of service of the signed order upon the Mr. Contreras. The order will become effective upon the filing of the proof of service upon Mr. Contreras. The court schedules this case for a Case Manage...
2018.3.5 Motion for Summary Judgment, Adjudication 403
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.3.5
Excerpt: ......
2018.3.5 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.5
Excerpt: ...Quick Bridge alleges that it is owed the principal sum of $60,997.20, plus $10,650.00 in attorneys' fees and costs, as per the attorneys' fee provision in the Loan Agreement, and $6,784.26 in prejudgment interest, for a total judgment amount of $78,431.46. Authorities: Summary judgment may be granted where it is shown that "there is no defense to the action or proceeding." See Civ. Proc. Code§ 437c(a). a moving plaintiff has met his burden of sh...
2018.3.5 Motion for Judgment on the Pleadings 188
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.5
Excerpt: ... section may only be made on one of the following grounds: . . . [¶] (B) If the moving party is a defendant, that either of the following conditions exist: . . . [¶] (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Kapsimallis v. Allstate Insurance Company (2002) 104 Cal.App.4 th 667, 672, explains, “A judgment on the pleadings in favor of the defendant is appropriate when the compl...
2018.3.5 Motion for Protective Order
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.5
Excerpt: ...f her deposition. Moreover, the court finds that the plaintiff's agreement to stipulate to not use the videotape for purposes other than this litigation is sufficient restriction to address any concerns expressed by the defendant regarding the potential improper use of the videotape. Authorities: The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, man...
2018.3.5 Motion for Leave to File Complaint 235
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.3.5
Excerpt: ...July 2017. ...
2018.3.5 Motion for Assignment Order 393
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.5
Excerpt: ...apter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following: (1) Twenty-five percent of the individual's disposable earnings for that week. (2) Fifty percent of the amount by which the individual's disposable earnings for that week exceed 40 times the state minimum hourly wage in effect at the time the ea...
2018.3.5 Demurrer, Motion to Strike 131
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.3.5
Excerpt: ...is inclined to deny the motion as to punitive damages, as fraud has been alleged. 2. Plaintiff/Cross-Defendant's Demurrer to Cross-Complaint This pleading is mooted by the amended cross-complaint filed February 20, 2018. ...
2018.3.5 Demurrer, Motion to Strike 063
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.5
Excerpt: ... See Award Metals, Inc. v. Superior Court(1991) 228 Cal.App.3d 1128, 1134-1135 (claims for negligence and intentional tort were merely a “duplication” of the claim for violation of Labor Code section 4558 and should have been sustained); Palm Springs Villas II Homeowners Ass'n, Inc. v. Parth (2016) 248 Cal.App.4th 268, 290 (trial court properly sustained cause of action for breach of governing documents which appeared to be duplicative of bre...
2018.3.5 Demurrer, Motion to Strike 053
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.5
Excerpt: ...anation.” Womack v. Lovell (2015) 237 Cal.App.4th 772, 787. In the original complaint, Plaintiff Erwin sued his client Ed Gabrin. Plaintiff was a party to the two oral contracts. In the First Amended Complaint, Plaintiff alleged that he was a third party beneficiary instead. Plaintiff failed to explain the reason for this substantial change. Rules of Professional Conduct, Rule 3-300: California Rules of Professional Conduct, rule 3–300 subjec...
2018.3.5 Demurrer, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.5
Excerpt: ... other remedy demanded in a cause of action. But here, no cause of action is stated at all: the Second Cause of Action instead attempts to assert a punitive damages claim based on the First Cause of Action. (See Complaint ¶¶ 13-15.) The Opposition effectively concedes that this is so. (See Opp. at p. 1.) As the Second Cause of Action fails to state any cognizable cause of action, Defendants' demurrer is sustained. However, as this Demurrer is a...
2018.3.5 Demurrer 888
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.5
Excerpt: ...ice. ...
2018.3.5 Demurrer 306
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.5
Excerpt: ...ee Agreement with her former attorneys is contradictory and ambiguous and has an unmet contingency that requires dismissal of cause of action. The Court disagrees. Paragraph 6 of the Agreement provides that if there is no recovery (i.e. if Plaintiff gets no money) then she is still responsible for costs incurred by B&B. There is no unmet contingency. Further, paragraph 4 addresses legal fees in the event of a recovery of some kind. The two paragr...
2018.3.5 Demurrer 077
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.5
Excerpt: ...s lengthy preamble to the argument, which purports to set forth a number of facts that are extrinsic to the Cross-Complaint. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A. Third Cause of Action for IIED In his Motion, Eladio argues that the third cause of action parrots the eleme...
2018.3.5 Motion to Compel Arbitration 840
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.5
Excerpt: ...he procedural element focuses on the existence of oppression or surprise and the substantive element focuses on overly harsh or one-sided results. Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 114. To be unenforceable, a contract must be both procedurally and substantively unconscionable, but the elements need not be present in the same degree. The analysis employs a sliding scale: “…the more substantively opp...

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