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2018.3.16 Motion for Summary Judgment 778
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.16
Excerpt: ...receipt of the notice or surrender possession of the Property; and (iv) that defendant is still occupying the property. First, the plaintiff's evidence fails to affirmatively establish that plaintiff is the successor in interest to the property owner identified in the Lease, or that such property owner's rights under the lease had been transferred or assigned to plaintiff. Second, the terms of the commercial lease between the parties provides tha...
2018.3.16 Motion for Approval of PAGA Settlement, Etc. 480
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ... submitted, a redline version showing all changes, deletions and additions shall be submitted as well. 1. Please provide proof of service of the Settlement Agreement to the LWDA. (Labor Code § 2699(l).) 2. Defendant is to declare whether or not there are any pending PAGA actions or putative or certified class actions with a PAGA claim that overlaps with the claims in this action. 3. Please provide estimates and calculations for Defendant's total...
2018.3.16 Motion for Summary Judgment 760
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.16
Excerpt: ...against only the (1) seller aka “retailer” or “retail seller,” (2) distributor, and/or (3) manufacturer of the subject vehicle, as those terms are defined in the Song-Beverly Act. (See Civ. Code, §§ 1791, subds. (e), (j), (l) [defining retailer, distributor, and manufacturer], 1791.2 [defining “express warranty”], 1791.1 [defining implied warranty of merchantability], 1792 [manufacturer's and retailer's implied warranty of merchanta...
2018.3.16 Application to File Declaration Under Seal, Determination of Good Faith Settlement 272
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.16
Excerpt: ..., the amount of the settlement is not “disproportionately low” to make the settlor's financial condition the dispositive issue. See L. C. Rudd & Son, Inc. v. Superior Court (1997) 52 Cal.App.4th 742, 749. The Court believes it has sufficient information to assess the settlement, from the parties' papers and the records of this action. There is certainly more scope for MP to have liability for any future medical care for plaintiff, and for non...
2018.3.16 Demurrer 089
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.3.16
Excerpt: ...randum thereof, are in writing and subscribed by the party to be charged or by the party's agent: … (3) An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; such an agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged.” In addition, Civil Code § 1698 (c)...
2018.3.16 Demurrer 102
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.3.16
Excerpt: ...endant to drill along the side of plaintiff's #3 tooth broke loose and lodged in the portal between the maxilla and sinus cavity. Bijal immediately packed the area and referred plaintiff to an expert who could safely retrieve the broken bur head. The bur was removed the following day. Plaintiff alleges that as a result of the botched extraction, and subsequent remedial procedure, she suffers ongoing physical symptoms. On 01/05/18, this Court gran...
2018.3.16 Demurrer 227
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.16
Excerpt: ...le pleadings.] The demurrer is Overruled in part and Sustained with 20 days leave to amend in part, for the reasons set forth below. The Court notes that at pp. 12-13 the FAC contains two paragraphs which are both numbered as paragraph 54. The Plaintiff should correct this clerical error in its SAC. Justifiable Reliance Failure to State a Claim Overruled on this ground. Defendant argues that Plaintiff has failed to adequately plead justifiable re...
2018.3.16 Demurrer 426
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ...ntially the same claim as the second cause of action for equitable subrogation. The Court agrees and the demurrer is SUSTAINED without leave to amend. Furthermore, it appears that the dispute in the Underlying Action is no longer pending and Mercury made its last payment to KB Home in 2015, and that Mercury is simply seeking a declaration that it is entitled to recover some or all of the money it has already paid to KB Home with respect to the Un...
2018.3.16 Demurrer 570
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.16
Excerpt: ... Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 789. The parties here do not stand in the same relationship in this, and OCSC Case No. 30-2017-00944517. Additionally, the identical cause of action must be involved in both suits, so that a judgment in the first action would be res judicata on the claim in the present lawsuit (claim preclusion). See Bush v. Superior Court (1992) 10 Cal.App.4th 1374, 1384. While there are some overlapping factua...
2018.3.16 Demurrer 966
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.16
Excerpt: ...1) are without merit, as the defendant is the party against whom the lease is being asserted, and is therefore the party to be charged in this matter, and defendant does not dispute that it executed the written Lease. Bed, Bath & Beyond of La Jolla, Inc. v. La Jolla Village Square Venture Partners (1997) 52 Cal.App.4th 867, 877 is distinguishable both factually, and legally, as the tenant in Bed, Bath & Beyond, who had signed the shopping center ...
2018.3.16 Demurrer 984
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ... Defendant's objections (ROA 596) are SUSTAINED. Defendant argues that Plaintiffs' claims are barred by the doctrine of res judicata. It argues that there was a court-approved settlement in a separate PAGA action - Thanh Le v. CashCall, Inc., Case No. 2014-00724582 (the “Le Action”), the Le Action was dismissed with prejudice, and both the settlement and dismissal covers the same PAGA penalties and same aggrieved employees over the same alleg...
2018.3.16 Demurrer, Motion for Protective Order 020
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ...sts for Admissions (Set One) and Request for Monetary Sanctions Defendant's Demurrer to the First Amended Complaint Defendant American Financial Network, Inc.'s Demurrer to the First Amended Complaint is OVERRULED. Defendant's request for judicial notice is GRANTED. (ROA 49.) Defendant contends that Plaintiff Alejandro Pichardo (“Plaintiff”) has impermissibly split causes of action by virtue of filing two separate actions against Defendant. T...
2018.3.16 Demurrer, Motion to Strike 455
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.16
Excerpt: ...mplaint, that defendant IABA is not vicariously liable for defendant McKay's tortious conduct. (See Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4 th 291, 296-299.) To the extent this cause of action is based on direct liability and duplicative of the 4 th cause of action for negligent hiring/supervision and failure to warn, defendant should have brought a motion to strike. A general demurrer does not lie to only part of a cause ...
2018.3.16 Motion for Attorney Fees 285
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.3.16
Excerpt: ...the following issue. On 1/22/18 and 1/29/18, in connection with a petition for writ of mandate filed by the Agent defendants against plaintiffs (i.e. defendants Best 4U et al.), the Court of Appeal issued an order that directed that: “On its own motion, this court issues a temporary stay of respondent court proceedings. All trial court proceedings are STAYED pending further order of this Court.” (1/22/18 Order filed herein; see also 1/29/18 O...
2018.3.16 Motion for Entry of Judgment 509
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.3.16
Excerpt: ...ding in particular, the parties against whom the settlement agreement is sought to be enforced. (See Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 305.) The written agreement at issue here has been signed by all of the parties to this action, which is referenced in the agreement as the “OC COMPLAINT.” And although she is a party to the settlement agreement, Lucy Garcia is only a party defendant in a different action referenced i...
2018.3.16 Motion for Sanctions 916
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.16
Excerpt: ...he motion was not placed back on the November 3, 2017 law and motion calendar. In contrast to the notice, the ex parte application to place the motion back on calendar for January 19, 2018, indicated that Defendants sought sanctions consisting of: (1) terminating sanctions of $100,000 against Plaintiff; (2) dismissal of Plaintiff's First Amended Complaint; and (3) monetary sanctions against Plaintiff and its counsel. The court construes the motio...
2018.3.16 Motion for Protective Order 372
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.3.16
Excerpt: ...predominate, resolution in a class context will be more efficient.” (Third sentence of the first full paragraph of page 3 of the order; emphasis added.) Plaintiff also argues that Defendant is required to make a heightened showing before proceeding with depositions of absent class members. Pursuant to CRC, Rule 3.768, Defendant was entitled to notice the depositions without a court order. Because Plaintiff responded with a motion for protective...
2018.3.16 Motion for Preliminary Approval of Class Settlement 698
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.3.16
Excerpt: ... Contents or a Table of Authorities in violation of the statutory requirements. 2. The notice of motion states that Plaintiff is moving for “Approval of the proposed Class Notice.” However, no proposed Class Notice was submitted to the Court in connection with the motion. 3. The agreement is unclear on the nature of the settlement as it requires both submission of a claim for payment and submission of an exclusion to be excluded from payment....
2018.3.16 Motion for Preliminary Approval of Class Settlement 426
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.3.16
Excerpt: ...a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court. No appearance is necessary today. Issues/Questions to Be Addressed 1. The parties must identify any pending actions of which they are aware that potentially overlap with the claims in this action or which might be impacted by the release included in the Joint Stipulation. If neither party is aware of any such action, they should pr...
2018.3.16 Motion for Preliminary Approval of Class Settlement 391
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.3.16
Excerpt: ...ment and/or proposed Class Notice are submitted, a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court. Issues/Questions to Be Addressed 1. The parties must identify any pending actions of which they are aware that potentially overlap with the claims in this action or which might be impacted by the release included in the Joint Stipulation. If neither party is aware of any such action,...
2018.3.16 Motion for Prejudgment Possession, to Strike Answer 129
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.3.16
Excerpt: ...d an appropriate amount as required by statute; (iii) there is an overriding need for prejudgment possession; (iv) Plaintiff will suffer a substantial hardship if the application for possession is denied or limited; and (v) the hardship that the Plaintiff will suffer if possession is denied or limited outweighs any hardship on the occupants that would be caused by the granting of the order of possession. MOTION TO STRIKE Plaintiff's Motion to Str...
2018.3.16 Motion for Leave to File Complaint, OSC Re Preliminary Injunction 794
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.16
Excerpt: ...ing on the Newport Beach property during the pendency of this litigation. The plaintiff is required to post a bond in the amount of as determined by the Court. The Court needs to know the status of the foreclosure. Probability of Prevailing - CCP § 726 : Where a creditor elects to obtain a personal money judgment rather than enforce his mortgage, the effect of the election is to waive the right to foreclose on his security. James v. P. C. S. Gin...
2018.3.16 Motion for Leave to File Complaint 632
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.3.16
Excerpt: ...n.” P & D Consultants, Inc. v. City of Carlsbad (2010) 190 Cal.App.4th 1332, 1345. Cross-Defendant has not identified any specific prejudice caused by this amendment. The court may entertain short continuance to avoid any potential prejudice, if that becomes necessary. “[E]ven if the proposed legal theory is a novel one, ‘the preferable practice would be to permit the amendment and allow the parties to test its legal sufficiency by demurrer...
2018.3.16 Motion for Leave to File Complaint 053
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.16
Excerpt: ... in on the motion to strike. On January 11, 2018, the court granted the motion to strike to the extent the third amended cross-complaint was brought by cross-complainant LL USA, because LL USA already had an active cross-complaint (i.e., the second amended cross-complaint filed on July 13, 2016) on file when it filed the third amended cross-complaint and did not seek leave of court before doing so. The court allowed the third amended cross-compla...
2018.3.16 Motion for Entry of Protective Order 809
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.16
Excerpt: ...that the stipulation and protective order that Defendants asked Plaintiff to enter into is the Los Angeles County Superior Court's model protective order. This model protective order is commonly used by parties in civil litigation. The model protective order requires only good faith designation of confidential documents. Designation of confidential documents in bad faith could subject a party to sanctions, as a discovery abuse. It also sets forth...
2018.3.15 Motion for Approval of Class Action Settlement, Attorney's Fees 739
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.15
Excerpt: ...mount for attorney fees and awards this amount, split equally between the two firms. In making this award, the Court has considered all relevant factors. Costs are awarded in the amount of $10,049.78. Plaintiff is awarded an enhancement of $10,000. In making this award, the Court has considered the time and effort Plaintiff expended in prosecution of this action, the benefit conferred on the Class, and all other relevant factors. Pursuant to CCP ...
2018.3.15 Demurrer 192
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.15
Excerpt: ...e a cause of action against this defendant for the reasons discussed in prior hearings. In reviewing the demurrer and the efficacy of the amended complaint in alleging a duty, the court also considered the Biajanka factors. (Biajanka v. Irving (1958) 49 Cal.2d 647, 650.) The defendant shall give notice. ...
2018.3.15 Demurrer 426
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.15
Excerpt: ...ntially the same claim as the second cause of action for equitable subrogation. The Court agrees and the demurrer is SUSTAINED without leave to amend. Furthermore, it appears that the dispute in the Underlying Action is no longer pending and Mercury made its last payment to KB Home in 2015, and that Mercury is simply seeking a declaration that it is entitled to recover some or all of the money it has already paid to KB Home with respect to the Un...
2018.3.15 Demurrer 618
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.3.15
Excerpt: ...m another or to do an act with a positive, active, and absolute disregard of its consequences.'” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 412; Doe v. United States Youth Soccer Association, Inc. (2017) 8 Cal.App.5th 1118, 1140.) The effect of describing something as willful misconduct is that it is sufficiently opprobrious and culpable to have the legal consequences of an intentional tort. (Mahoney v. Corralej...
2018.3.15 Demurrer, Motion for Protective Order and Sanctions 020
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.15
Excerpt: ...sts for Admissions (Set One) and Request for Monetary Sanctions Defendant's Demurrer to the First Amended Complaint Defendant American Financial Network, Inc.'s Demurrer to the First Amended Complaint is OVERRULED. Defendant's request for judicial notice is GRANTED. (ROA 49.) Defendant contends that Plaintiff Alejandro Pichardo (“Plaintiff”) has impermissibly split causes of action by virtue of filing two separate actions against Defendant. T...
2018.3.15 Motion to Tax Costs 682
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.15
Excerpt: ...tion Costs Petitioner seeks to tax $3,776.23 of the requested $13,240.37 in deposition costs, as excessive and not reasonable or necessary. He takes issue with two items: (1) the charge of $1,876.23 for Respondent's counsel's travel costs for his deposition; and (2) the $2,500 appearance fee for his expert, Dr. Wolfe at deposition. As to the travel costs for Petitioner's deposition, the Court GRANTS Petitioner's request, but in the reduced amount...
2018.3.15 Motion for Approval of PAGA, Attorney's Fees 480
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.15
Excerpt: ... submitted, a redline version showing all changes, deletions and additions shall be submitted as well. 1. Please provide proof of service of the Settlement Agreement to the LWDA. (Labor Code § 2699(l).) 2. Defendant is to declare whether or not there are any pending PAGA actions or putative or certified class actions with a PAGA claim that overlaps with the claims in this action. 3. Please provide estimates and calculations for Defendant's total...
2018.3.15 Motion for Summary Adjudication 1
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.15
Excerpt: ...tatement shall “set[] forth plainly and concisely all material facts that the moving party contends are undisputed.” Rule 3.1350(d) states that the separate statement of undisputed material facts in support of a summary judgment or summary adjudication motion must identify “[e]ach supporting material fact claimed to be without dispute with respect to the cause of action . . . that is the subject of the motion.” Plaintiff's Separate Statem...
2018.3.15 Motion for Summary Judgment 662
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.3.15
Excerpt: ...e from Orange Coast Memorial Medical Center, Kaiser Permanente, Huntington Beach Hospital, and Sea Cliff Healthcare and opined that Defendant Amanda Donohue, D.O. complied with the applicable standard of care at all times and no act or omission on the part of Amanda Donohue, D.O. caused or contributed to Ms. Garcia's death. Brown Dec. ¶¶ 4-7 and 12. Dr. Brown further noted that although Dr. Donohue is associated with California Heart Associates...
2018.3.15 Motion to Compel Further Responses 288
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.3.15
Excerpt: ...f has yet to provide responsive documents that are legible and complete documents. Normally, a separate statement would be required, but in this case the court will waive the requirement for the time being as the instances in which pages are illegible or incomplete may be too numerous and cumbersome for Defendant to set forth in detail at this time. Within 10 calendar days after service of notice of this ruling, Plaintiff is ordered to personally...
2018.3.15 Motion to Modify Subpoena 007
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.3.15
Excerpt: ...ts in force at the time of Lowery's death “on or about December 27, 2016” that named her as an insured. Plaintiff incorrectly argues that the requested material is protected from discovery byIns. Code §791.13. But the statute expressly permits disclosure in response to a facially valid subpoena. (Ins. Code §791.13(h).) Nor is the statute meant to preclude discovery in a civil action. (Irvington-Moore, Inc. v. Superior Court (1993) 14 Cal.Ap...
2018.3.15 Motion for Leave to File Complaint 6
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.15
Excerpt: ....4th 1422, 1428. Plaintiff shall file and serve the proposed Second Amended Complaint attached as Exhibit A to the McDougall Declaration by March 26, 2018. Plaintiff to give notice. ...
2018.3.14 Motion for Leave to File Complaint 017
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.3.14
Excerpt: ...et for May 3, 2018. Plaintiff seeks to file amended pleadings in both the lead case and the consolidated case in order to add new defendants, a new cause of action for aiding and abetting, and to add some additional facts. Defendants Avalon, L.P. and Neil and Carol Anenberg (Trustees) do not oppose the filing of the amended pleading but ask that the 9-24-18 trial date be continued or vacated, contending that the new defendants will not be ready f...
2018.3.14 Demurrer 063
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.3.14
Excerpt: ...ly formed. In return, plaintiff and her husband were given a 20% stake in the company. (FAC, ¶8.) The loan had a 12.6% interest rate and defendant has not paid any portion of the principal due and owing, although he has paid interest. (Id., ¶9.) Defendant contends that plaintiff has failed to allege all of the terms of the contract, and has failed to attach a copy of the promissory note, citing Otworth v. Southern Pacific Transportation Company...
2018.3.14 Motion for Attorneys' Fees 455
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.3.14
Excerpt: ... that its counsel spent 24.1 hours in connection with bringing and prevailing on the special motion to strike and that counsel has spent 7.7 hours in connection with bringing the instant motion for fees. The Court finds that this time is reasonable and that the billing rate of $280/hr. is also reasonable. As a result, these fees are recoverable, as are the costs for filing the motions. ...
2018.3.14 Motion for Earnings Withholding Order 131
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.3.14
Excerpt: ...urt notes that judgment creditor has previously been able to personally serve third party examination notices on Ms. Stovall at an address different from the one listed on the proof of service for this motion. To-wit, this motion was mailed to Ms. Stovall at 1182 Letty Lane, Tustin, CA 92780, whereas third party examination notices were personally served on her at 12681 Newport Avenue, Tustin, CA 92780. The court is thus concerned that Ms. Stoval...
2018.3.14 Motion to Compel Deposition 638
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.3.14
Excerpt: ...omplaint reveals little about the accident which gives rise to this action; the complaint fails to identify where the accident occurred, how the accident occurred, how Deft was negligent in causing the accident, what injuries and damages Plaintiff claims from the accident, etc. The court file reflects two prior Motions to Compel Plaintiff's responses and document production which were taken off-calendar, however, a deposition of Plaintiff is like...
2018.3.14 Motion for Summary Judgment 401
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.3.14
Excerpt: ...ing caption page and notice of opposition. See Cal. Rule of Court 3.1113(d). Plaintiff did fail to include a table of contents and table of authorities, as required by California Rule of Court 3.1113, subdivision (f). Given the nature of the present motion, however, the court will consider the opposition in its discretion. Evidentiary Objections The court declines to rule on the City's evidentiary objections, as none are material to the dispositi...
2018.3.14 Motion to File Complaint-in-Intervention 034
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.3.14
Excerpt: ... and cross-complainant Prime Concrete Pumping. Under Code Civ. Proc. § 428.50, moving party may file its claims against existing parties and others in a cross-complaint filed before or at the time it files its answer to the cross- complaint against it. In the event that the cross-complaint against the moving party is dismissed before the moving party files its answer and cross-complaint and it is no longer a party, it may renew its motion for le...
2018.3.14 Motion to Strike 042
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.3.14
Excerpt: ...d (injunction for restraining trespass) and 3 rd (IIED) causes of action, and granting defendants' motion to strike the claim for punitive damages and attorney's fees, with leave to amend. However, the operative pleading for purposes of a special motion to strike is the operative pleading at the time the motion was filed. “Nor may plaintiff amend the complaint before the hearing on the anti-SLAPP motion. [Citation] Rationale: Amendments could f...
2018.3.14 Motion to Strike 217
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.3.14
Excerpt: ...ed to cause them injury or that he engaged in despicable conduct carried on with a willful and conscious disregard for the safety of others. Ibid. As the court has previously stated, simply taking many paragraphs to allege that the defendant drove while intoxicated is insufficient to warrant punitive damages. See Dawes v. Sup. Ct., 111 Cal.App.3d 82, 90 (1980). Nonetheless, plaintiff's counsel indicates that plaintiff can allege additional facts ...
2018.3.13 Motion to Set Aside, Vacate Default 930
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.3.13
Excerpt: ...ffs have not demonstrated any tangible prejudice from the granting of this motion. The Court VACATES the default entered against Moving Party on 11-17-17. Moving Party is to separately file the Motion to Quash, attached as Exhibit 4 to the declaration of Mr. McAndrew, within the next 5-calendar days. The Court SUSTAINS Plaintiffs' objection to Exhibit 1 only. Moving Party is to give notice. ...
2018.3.13 Motion to Enforce Settlement 776
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...intiff contends that Defendant has failed to comply with the settlement agreement by failing to give these funds to Plaintiff. Here, the transcript of the settlement agreement, attached as Exhibit A to the motion, states, “All remaining proceeds from the sale of the property shall be paid to Plaintiff.” (RT 5:7-12.) The transcript also indicates, “The Court: And that after the deed of trust is paid from the sale's proceeds, plus the costs, ...
2018.3.13 Motion to Deem Requests for Admissions Admitted 685
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...part, “Within 30 days after service of the requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .” Code of Civil Procedure section 2033.260, subdivision (a), explains, “The party requesting admissions and the responding party may agree to extend the time for service of a response to...
2018.3.13 Motion to Compel Production 844
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.3.13
Excerpt: ... t a l l . (Appleton v. Superior Court (Cook) (1988) 206 Cal.App.3d 632, 636.) The Court ORDERS Cross-Defendant PRELUDE to produce documents responsive to Request Nos. 7, 1, 13, 17, 23 and 25 in compliance with its Response within the next 21-calendar days. The Court ORDERS Cross-Defendant PRELUDE to provide further responses to Request Nos. 8-10, 12, 14-16, 20-22, and 24 within the next 21-calendar days. The Court OVERRULES the objection that th...

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