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16242 Results

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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...
2018.3.13 Motion for Reconsideration 947
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...er or for the renewal of a previous motion may be considered by any judge or court unless made according to this section.” The Motion was filed on November 22, 2017, well in excess of the 10 days permitted by Code of Civil Procedure section 1008, subdivision (e). Le Francois v. Goel (35 Cal.4 th 1094, 1107, states, “We hold that sections 437c and 1008 limit the parties' ability to file repetitive motions but do not limit the court's ability, ...
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 Demurrer 241
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...pplicable statute of limitation for the fifth cause of action. Code of Civil Procedure section 338, subdivision (d), is the applicable statute of limitation for the sixth cause of action because it appears to be based on fraud. Code of Civil Procedure section 335.1 is the applicable statute of limitation for the seventh cause of action. (Pugliese v. Superior Court (2007) 146 Cal.App.4 th 1444, 1450.) “ ‘ “A demurrer based on a statute of li...
2018.3.13 Demurrer 441
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...ade secrets. [¶] (b) This title does not affect (1) contractual remedies, whether or not based upon misappropriation of a trade secret, (2) other civil remedies that are not based upon misappropriation of a trade secret, or (3) criminal remedies, whether or not based upon misappropriation of a trade secret.” Civil Code section 3426.8 provides, “This title shall be applied and construed to effectuate its general purpose to make uniform the la...
2018.3.13 Demurrer 967
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...Cal.App.4 th612, 616.) The court finds the facts pled as to these causes of action are not so uncertain that Defendant cannot reasonably respond. Second as to the fifth cause of action, Plaintiff pled sufficient facts showing that he relied on Defendant's misrepresentation (“experienced and knowledgable”) by entering into a contract based on this misrepresentation. (FAC, ¶¶ 10-13.) Third, as to the fifth cause of action, Defendant contends ...
2018.3.13 Motion for Attorney Fees 590
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.3.13
Excerpt: ...tained without substitution of a personal representative after a party has died.” Sacks v. FSR Brokerage, Inc. (1992) 7 Cal. App. 4th 950, 957. Since a ruling on attorney's fees will be part of a judgment, the court is hesitant to move forward with the hearing as presently constituted. ...
2018.3.13 Motion for Judgment on the Pleadings 376
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.13
Excerpt: ...: The Motion for Judgment on the Pleadings is GRANTED without leave to amend. Introduction: This case has been pending for 3 ½ years. In January 2018, the case trailed for several days. The trial is now re-set for March 19, 2018. Common Law Motion for Judgment on the Pleadings: Although the time has passed for a statutory motion, Defendant may make a common law motion for judgment on the pleadings. “'A motion for judgment on the pleadings may ...
2018.3.13 Motion for Protective Order 216
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.3.13
Excerpt: ...r Defendants attempted to meet and confer in good faith seeking an extension of time to respond to the subject discovery before filing the instant motion. Specifically, it appears counsel attempted to come to an agreement as to the extension in time and Defendant's deposition, but counsel for Plaintiffs did not respond within the proposed time, and Defendants had to file the motion by 12-11- 17 [or risk waiving their objections to the discovery]....
2018.3.13 Motion for Summary Judgment 005
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.3.13
Excerpt: ...tion. (DSS ¶¶ 1-8.) Plaintiffs did not oppose the motion. Thus, the motion for summary judgment is granted. Defendant to give notice. (1) Defendant State of California's motion for summary judgment, or in the alternative, for summary adjudication, is CONTINUED to 5-15-18, Dept. C11, at 2 pm. Counsel for Plaintiffs, attests that: (1) immediately upon being served with this motion, Plaintiffs set a number of depositions in this matter, among them...
2018.3.13 Motion for Summary Judgment 549
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.3.13
Excerpt: ...duty, breach of duty, causation, and damages apply…Whether a defendant owes a duty of care is a question of law. Its existence depends upon the foreseeability of the risk and a weighing of policy considerations for and against imposition of liability. [Citation.]” (Burgess v. Superior Court (1992) 2 Cal.4 th1064, 1072.) Proof of negligence requires a showing of duty, breach of duty and causation of injury. (McIntyre v. The Colonies-Pacific, L...
2018.3.13 Motion to be Relieved as Counsel 083
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.3.13
Excerpt: ...sel represents there is a breach of an agreement or obligation to pay attorney as to expenses or fees, and that the client has engaged in a conduct such that it is unreasonably difficult for counsel to carry out employment effectively. The motion is unopposed. It also appears that the client will not be prejudiced if the motion is granted since the trial date is not until June 5, 2018. The order will take effect on filing of proof of service upon...
2018.3.13 Motion to Compel Arbitration, Dismiss Action 273
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ... Plaintiff to prove by a preponderance of evidence a ground for denial. Plaintiff filed a Notice of Non-Opposition to Defendant's Motion to Compel Arbitration” on 2-27-18. Thus, the motion is GRANTED. The court stays this action pursuant to Code of Civil Procedure section 1281.4. The court sets this case for an arbitration review hearing on 9-7-18 at 9:00 a.m. in Department C19. Plaintiff is to give notice. ...
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...
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 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, ...
2018.3.12 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.12
Excerpt: ...Flores v. Kmart Corp. (2012) 202 Cal.App.4th 1316, 1325; Casterson v. Superior Court (2002) 101 Cal.App.4th 177, 183. The Court finds that the records supplied by the RJN indicate Plaintiffs filed a proof of claim in connection with the individual defendants' Chapter 11 bankruptcy case, and that the bankruptcy court's “Order On Objections to Claims, entered on July 19, 2017, provides that the claim s disallowed in its entirety. “[T]the allowa...
2018.3.12 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.12
Excerpt: ...the material allegations of the complaint, including all essential elements of the claims. Advantac Group, Inc. v. Edwin's Plumbing Co., Inc. (2007) 153 Cal.App.4 th 621, 627. Although the defendant should aver “carefully and with as much detail” as possible, allegations should be liberally construed. FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384. Since a general denial puts in issue the material allegations of the complai...
2018.3.12 Demurrer (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.12
Excerpt: ...e Court encourages a review of the theories of fraud in CACI Nos. 1900-1903. Plaintiff should label the claim by the appropriate theory. It appears to be alleging false promise. In order to plead a claim for false promise, the plaintiff must allege some facts which give rise to a reasonable inference that the defendant lacked intent to perform. The mere breach of a promise is not enough to establish promissory fraud (aka false promise). (Riverisl...
2018.3.12 Demurrer (3)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.12
Excerpt: ...y is held at a private place, plaintiff must also establish probable cause to believe that the property is in fact located at the private place. CCP §512.010(b)(4). A claim for possession has probable validity where it is “more likely than not” that the plaintiff will obtain a judgment against the defendant on the possession claim. See Code of Civil Procedure §511.090; People v. Superior Court (2002) 27 Cal.4 th 888, 919. To meet this stand...
2018.3.12 Motion for Attorney Fees 590
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.3.12
Excerpt: ...tained without substitution of a personal representative after a party has died.” Sacks v. FSR Brokerage, Inc. (1992) 7 Cal. App. 4th 950, 957. Since a ruling on attorney's fees will be part of a judgment, the court is hesitant to move forward with the hearing as presently constituted. ...
2018.3.12 Demurrer 210
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.12
Excerpt: ...ntrue or misleading advertising.” In the First Amended Complaint (“FAC”), the unfair and/or unlawful conduct alleged by Plaintiffs as the basis of this cause of action was the claimed violations of the HBOR. The only difference in the SAC is that Plaintiff removed the citations to the Civil Code sections comprising the HBOR. However, the wrongful conduct Plaintiff alleges continues to be the conduct that (according to Plaintiffs' prior alle...
2018.3.12 Motion for Protective Order
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.12
Excerpt: ...ancial affairs. (Fortunato v. Sup.Ct. (Ingrassia) (2003) 114 Cal.App.4th 475, 480-481.) The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Williams v. Superior Court (2017) 3 Cal.5th 531, 552.) Defendants have done so here. (See Alpert Decl. at ¶ 11.) The requests at issue could thus resu...
2018.3.12 Motion to Compel Deposition 796
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.12
Excerpt: ... declaration stating that the moving party contacted the deponent to inquire about the nonappearance.” Code Civ. Proc. § 2025.450(b)(2). The record reflects that, on 11/2/17 (the same day Hayden answered and cross- complained), Plaintiff served a notice for the deposition of Defendant to take place on 11/13/17. Defendant's counsel emailed in response on 11/2/17, stating that he was unavailable on that date and asking Plaintiff to propose 4 or ...
2018.3.12 Motion to Quash Subpoena 621
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.12
Excerpt: ...S should withhold those documents. The Court is not persuaded by either argument. Most of the requests are so broad that the records sought will likely reveal the identity, diagnosis, prognosis, or treatment of a patient. Further, a “warning” that no private documents are sought is insufficient to protect the serious privacy interests involved here. Moreover, in the face of a serious privacy concern, discovery will not be ordered if the infor...
2018.3.12 Motion to Quash Subpoenas
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.12
Excerpt: ...r has withdrawn the subpoena. (See Opp. at p. 3.) Anaheim Capital Partners shall give notice. Motion to Quash Metropolitan Acoustics Subpoena House of Blues Anaheim Restaurant's motion to quash Delia Hauser's subpoena to Metropolitan Acoustics on September 11, 2017, is DENIED as moot. Hauser has withdrawn the subpoena. (See Opp. at p. 3.) House of Blues shall give notice. Motion to Quash Veneklasen Subpoena +3 Anaheim Capital Partners, Arcturus M...
2018.3.12 Motion to Strike Complaint 850
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.12
Excerpt: ...ppression, fraud, or malice. Here, Plaintiff alleges Defendants failed to pay it the funds owed per the lien; but Plaintiff fails to allege any facts supporting circumstances of malice, fraud, or oppression. See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166 (“The mere allegation an intentional tort was committed is not sufficient to warrant an award of punitive damages. [Citation] Not only must there be circumstances of oppression, f...
2018.3.12 OSC Re Failure to Serve, Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.12
Excerpt: ...ded complaint within 14 days. 1st cause of action, equitable estoppel. The FAC fails to state facts sufficient to constitute this claim. “A stand-alone cause of action for equitable estoppel will not lie as a matter of law.” (Behnke v. State Farm General Ins. Co. (2011) 196 Cal.App.4th 1443, 1463; accord Money Store Investment Corp. v. Southern Cal. Bank (2002) 98 Cal.App.4th 722, 732.) 2nd cause of action, injunctive relief. The FAC fails to...
2018.3.12 Motion to Compel
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.12
Excerpt: ...until 2/28 and not served until 3/2/18. As Defendant filed a reply addressing the merits, the Court has elected to consider the Opposition here. However, future failures to comply with the statutory filing and service requirements may prevent consideration of the submission. The Motion also reflects that the OCTA made sufficient efforts to meet and confer, in both letters and an in-person meeting. (Tam Decl. ¶ ¶4-9, Exs. E-K.) OCTA's Separate S...
2018.3.1 Motion to Compel Deposition 794
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.3.1
Excerpt: ...rty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.” Plaintiff to give notice. ...
2018.3.1 Motion for Leave to File Complaint 487
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.1
Excerpt: ...” the proposed second amended complaint when it was first presented. The filing was without legal authority, and thus the second amended complaint purportedly “filed” January 31, 2018, is STRICKEN. The plaintiff shall file the second amended complaint within 10 days. Motion to Compel Depositions The unopposed motion of plaintiff to compel the depositions of two non-party witnesses, Diem Vu and Ky Vu, are DENIED. The first problem is that th...
2018.3.1 Motion for Leave to File Complaint 594
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.3.1
Excerpt: ...laintiffs shall file and serve by 03/08/2018 the First Amended Complaint, which was attached to Plaintiffs' Motion. Plaintiffs shall attend a second deposition, as properly noticed by Defendant. Plaintiffs and or Plaintiffs' counsel shall pay the reasonable costs of the second deposition. The Jury Trial is continued to 8/6/18 at 9:00 a.m. in Department C24. All statutory discovery deadlines calculated from the trial date shall also be continued a...
2018.3.1 Motion for Preliminary Injunction
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ...ntiff's motion. For the following reasons, Plaintiff's motion is denied. In determining whether a preliminary injunction should issue, a trial court evaluates two interrelated factors: (i) the likelihood that the party seeking the injunction will ultimately prevail on the merits of his or her claim and (ii) the balance of harm presented, i.e., the comparative consequences of the issuance and nonissuance of the injunction. Fleishman v. Superior Ct...
2018.3.1 Motion for Reconsideration 515
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.3.1
Excerpt: ...ently demonstrated the October 26, 2017 emergency meeting was an “emergency meeting” held pursuant to Civil Code section 4923. Such a meeting does not require notice (Civil Code section 4920(b)(1)) and can be called by the president of the association or any two directors other than the president. Civil Code section 4923. That statute was specifically cited by the court in making its ruling—and that the emergency meeting and the actions tak...
2018.3.1 Motion for Summary Judgment 166
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.3.1
Excerpt: ...t adjudication turns on factual questions, the trial court assesses the evidence in light of the parties' respective burdens. The moving party's affidavits are strictly construed while those of the opposing party are liberally construed. Once the defendant's initial burden is met, the burden shifts to the plaintiff to show by substantial evidence that a triable issue of material fact exists as to the claim or defense. CCP §437c; Aguilar v. Atlan...
2018.3.1 Motion for Trial Preference 642
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.1
Excerpt: ... the medical diagnosis and prognosis of any party.” may be submitted to support a motion for preference. CCP §36.5 Attorney Kohan's Declaration is not sufficient under this section. He does not state a diagnosis or prognosis learned from the family or medical records. He says only that he has been informed Nada has a “debilitating hip injury,” providing details of the procedure and time spent in a nursing home. He says she doesn't leave th...
2018.3.1 Motion to Bifurcate 328
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.3.1
Excerpt: ......
2018.3.1 Motion to Compel Arbitration 767
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.1
Excerpt: ...service under the Hague Convention at considerable expense. Plaintiffs ask that the court stay the action upon ordering the claims to binding arbitration as opposed to a dismissal. Plaintiffs object to the demand of costs. The Plaintiffs have never refused submit to arbitration, they simply did not agree to dismiss this action before the arbitration award was issued. Because this is action not a petition to compel arbitration, but a civil lawsuit...
2018.3.1 Motion to Compel Physical Exams
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ...owing: Physical examination at 26732 Crown Valley Parkway, Suite 561, Mission Viejo, CA 92691 on April 5, 2018 at 9:00 a.m. Physical examination at 360 San Miguel Drive, Suite 701, Newport Beach, CA 92660 on April 2, 2018 at 1:30 p.m. Civil Procedure Code section 2032.220(a) provides that any defendant may demand one physical examination of a plaintiff seeking damages for personal injuries. A defendant desiring a second physical exam must file a ...
2018.3.1 Motion to Compel Further Responses 039
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.1
Excerpt: ...et One, are denied as untimely. (CCP 2030.300(c), 2033.290(c).) The parties agreed to extend the statutory deadline to file the instant motions to 12-22- 17. (Ex. F to respective motions.) However, the motions were not filed until 12-28-17. A party seeking to compel further responses to discovery must file the motion within the statutory deadline, or its right to do so is waived; a court is without jurisdiction to do anything but deny the motion ...
2018.3.1 Motion to Compel Further Responses 170
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.3.1
Excerpt: ... (2000) 22 Cal.4th 245, 255. Plaintiff's medical records are confidential information protected by her right of privacy. Britt v. Superior Court (1978) 20 Cal.3d 844, 864-865. Plaintiff has a right to privacy as to medical conditions she has not placed at issue in this litigation. John B. v. Superior Court (2006) 38 Cal.4th 1177, 1198. The information sought must be directly relevant to a claim or defense. Harris v. Superior Court (1992) 3 Cal.Ap...
2018.3.1 Motion to Compel Further Responses 300
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.1
Excerpt: ...w a matter for a meet and confer and a motion to compel further responses if the parties cannot informally resolve plaintiff's claimed defects. Plaintiff Iyad, Inc. is awarded sanctions of $1,200.00, pursuant to C.C.P. § 2030.290(c), payable by defendant Mohammed Hossein within 30 days. The court notes that while plaintiff Iyad, Inc.'s initial notice failed to include a request for sanctions, plaintiff Iyad, Inc.'s amended notice of motion filed...
2018.3.1 Motion to Compel Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.1
Excerpt: ...e § 2031.300(b). By failing to serve timely responses, Plaintiff waived “any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” Id. § 2031.300(a). Defendant served Requests for Production on Plaintiff in May 2017. Kraemer Decl. ¶ 2 & Ex. A. After receiving no responses, Defendant provided Plaintiff with an unsolicited additional ten days to re...
2018.3.1 Motion to Quash Subpoenas 186
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.1
Excerpt: ...ission of a separate statement is “so that no person is required to review any other document in order to determine the full request and the full response.” The court is aware that much of the information required by the separate statement is included within the motion, the declarations of counsel, and various documents attached to counsel's declaration. That said, the failure to submit a separate statement is a violation of the Rules of Cour...
2018.3.1 Motion to Stay or Dismiss Action 342
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.1
Excerpt: ...y enforce such a mandatory provision, unless it concludes that enforcing the mandatory forum selection clause would be unreasonable or unfair under the circumstances. The first question is whether there is a suitable alternative forum? The forum selection clause here sets venue of litigation in the courts of New York. But the defendant suggests the New York state courts will not take this matter because it does not rise to the $1 million threshol...
2018.3.1 Motion to Strike Punitive Damages 761
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.1
Excerpt: ...bjects a person to cruel and unjust hardship in conscious disregard of that person's rights. (3) “Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.” It is not sufficient to show that the defendant's conduct was negligent, grossly negligent or even...
2018.3.1 Motion to Vacate Dismissal 550
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.3.1
Excerpt: ......
2018.3.1 Petition to Compel Arbitration 043
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.1
Excerpt: ...aintiff Channry's employment law claims are within the scope of this agreement. Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4 th 394, 413. The burden thus shifted to plaintiff Victoria Channry to establish some ground such that arbitration should not be compelled. Correctional Peace Officers Ass'n v. State of Calif. (2006) 142 Cal.App.4 th 198, 205. Plaintiff Channry has not filed any opposition and/or presented evidence to es...
2018.3.1 Request for Judicial Notice 044
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.1
Excerpt: ...r the nature of any right to payment from Durst; specifically, whether Judgment Debtor is an employee of Durst, or if her payments are earnings, in which case the proper collections method is an earnings withholding order. (Ahart, et al., Rutter Group, Enforcing Judgments and Debts, Chapter 6D-3, Sections 6:396 and 6:573; Chapter 6G-5, Sections 6:1422.5 et seq. and 6:1430 et seq.; Chapter 6F- 2, Sections 6:1076, 6:1103 et seq.; CCP 706.020.) The ...
2018.3.1 Motion for Leave to File Complaint 482
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.3.1
Excerpt: ...r third person not yet a party to the action only if the cause of action asserted: (1) arises out of the same transaction, occurrence, or series of transactions or occurrences set forth in the complaint, or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the COA brought against him. (Id. At §6:525, citing CCP § 428.10(b).) Here, the proposed XC seeks to name a third party that is allegedly responsi...

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