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16064 Results

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2018.2.23 Motion for Attorneys' Fees 736
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.23
Excerpt: ...es are authorized by contract, statute, or law. (Code Civ. Proc., § 1033.5, subds. (a)(10)(A), (B), & (C); Serrano v. Unruh (1982) 32 Cal.3d 621, 637.) Here, the court has already determined that fees are authorized by contract. There any question that Peloquin is the prevailing party on appeal. The court has broad authority to determine the amount of reasonable fees. (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095.) The court may make...
2018.2.23 Claim of Exemption 964
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.23
Excerpt: ...dgment, and finds this amount is not exempt from garnishment. The court further finds that claimant's remaining earnings are exempt. Regarding claimant's claimed expenses [Page 7 of Claim of Exemption], her claimed expenses for rent, food, Verizon, Spectrum, Edison, gas company, car payment, AAA [which appears to be car insurance], dental, and allergy medications, appear to be reasonable. Contrary to responding party's contentions, the amounts cl...
2018.2.23 Motion for Attorney Fees 121
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.23
Excerpt: ...ope of the receivership orders by the Nevada court and such a receiver cannot be individually liable for attorney's fees and costs. See, Sealite, Inc. v. Finster (1957) 149 Cal.App.2d 617, 618. Relatedly, counsel for the receiver cannot be liable for attorney's fees and costs in association with a motion to expunge lis pendens. See, Doyle v. Superior Court (1991) 226 Cal.App.3d 1355, 1359. Hence any claim for attorney's fees and costs is limited ...
2018.2.22 Motion for Reconsideration 171
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.22
Excerpt: ...ral testimony on a contested issue of fact in a motion hearing. Mutual Mortgage Co. v. Avis (1986) 176 CA3d 799, 805. The court also has discretion to refuse to allow oral testimony. Eddy v. Temkin (1985) 167 Cal.App.3d 1115, 1121. A party seeking to introduce live testimony at a law and motion hearing is required, in advance of the hearing, to obtain a court order upon a showing of good cause. The request for the order for live testimony must be...
2018.2.22 Application for Service of Summons 166
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.22
Excerpt: ....App.2d 798, 805); Batte v. Bandy (1958) 165 Cal.App.2d 527, 533 (“Affidavits devoid of averments of facts showing that due diligence was exercised to make service have consistently been held to be insufficient…”). Plaintiff's declaration, paragraph 5, does not provide enough information about what was found at the registered address for the agent for service of process for Creek Systems Inc. (Kevin M. Daly) at 8105 Irvine Center Drive, Sui...
2018.2.22 Demurrer
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.22
Excerpt: ...in its minute order of February 9, 2017, shows the court denied the 664.6 motion because it did not find Code of Civil Procedure section 664.6 or the terms of the settlement agreement allowed it to grant the relief requested—i.e., an order requiring the Mahonys to implement the “Norris Plan” within 90 days, without regard to the other portions of the settlement agreement - and that it did so without finally adjudicating whether the Mahonys ...
2018.2.22 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.22
Excerpt: ...viously agreed to dismiss that cause of action. Opposition at 6:18- 20. The indemnity and contribution/apportionment claims alleged in the second, third and fourth causes of action are based on potential liability for alleged construction defects. There can be no indemnity without liability. City of San Diego v. United States Gypsum Co. (1994) 30 Cal.App.4th 575, 587-589. As a result, an indemnity claim requires that the complainant have paid a c...
2018.2.22 Demurrer (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.22
Excerpt: ...aint].” Complaint paragraph 5. This allegation is insufficient to support causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, negligence, and violation of California Business & Professions Code section 17200. There are no allegations of any relationship between Plaintiff and the Leeor Defendants (contractual or otherwise), any misrepresentation by the Leeor Defendants, any duty or breac...
2018.2.22 Demurrer 013
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.22
Excerpt: ...laintiff was unaware of defendant's intention not to perform the promise; (4) plaintiff justifiably relied upon the promise; and (5) plaintiff sustained damage. (CACI 1902.) Furthermore, fraud claims must be pled with particularity, including facts showing “how, when, where, to whom and by what means the representations were tendered.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.) Responding Party's fraud C/A in the Second Amended Com...
2018.2.22 Demurrer 616
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.22
Excerpt: ... of contract and second cause of action for breach of covenant of good faith and fair dealing – plaintiff Tina Mancuso Storch (plaintiff) has failed to allege the existence of an enforceable contract, a necessary element to each of these causes of action. (Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150, 1173-1174 (Daniels); Racine & Laramie, Ltd. v. Department of Parks & Recreation (1992) 11 Cal.App.4th 1026, 1034.) The...
2018.2.22 Demurrer 685
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ...claratory relief reveal that an actual controversy exists between the parties.'” D. Cummins Corp. v. United States Fid. & Guar. Co. (2016) 246 Cal. App. 4th 1484, 1489. “[A] home loan borrower has standing to claim a nonjudicial foreclosure was wrongful because an assignment by which the foreclosing party purportedly took a beneficial interest in the deed of trust was not merely voidable but void, depriving the foreclosing party of any legiti...
2018.2.22 Motion for Attorney Fees 390
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.22
Excerpt: ...y fees in its complaint. In support of his argument, the defendant cites a case out of the Fourth District Court of Appeal, Division Three: Manier v. Anaheim Business Center Co. (1984) 161 Cal.App.3d 503. Whatever may have been the reach of Manier when it was first decided, more recent California Supreme Court precedent has effectively overruled it. (See, e.g., Sessions Payroll Management, Inc. v. Noble Constr. Co., Inc. (2000) 84 Cal.App.4th 671...
2018.2.22 Motion for Determination of Good Faith Settlement 203
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ... case is sufficient. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) Defendant/Cross-Defendant Parra has satisfied this minimal burden. Together, his moving papers and supporting declaration adequately set forth the nature of the case and all pertinent facts, the settling parties' relative litigation positions, and the barebones terms of the settlement. (See Motion P&As at pp. 2-5; Leenerts Decl., ¶¶ 3-12.) Moving pa...
2018.2.22 Motion for Joinder 680
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.22
Excerpt: ...Agreement is illusory. However, the Court has located no authority that addresses facts the same as or similar to the facts presented here. Given the public policy that arbitration agreements should be enforced wherever possible, the Court concludes that a valid arbitration agreement has been shown here. There is no showing that the 2016 Agreement is void due to fraud in the inception or is procedurally unconscionable. Plaintiff has forthrightly ...
2018.2.22 Motion for Leave to Intervene 964
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.22
Excerpt: ...shall not be thus issued or delivered to any person in this state unless it contains all the following provisions: (1) A provision that the insolvency or bankruptcy of the insured will not release the insurer from the payment of damages for injury sustained or loss occasioned during the life of such policy. (2) A provision that whenever judgment is secured against the insured or the executor or administrator of a deceased insured in an action bas...
2018.2.22 Motion for Protective Order 172
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.22
Excerpt: ...and thus it would have to be denied pursuant to Code of Civil Procedure section 2025.410. (The court further notes that in ruling on the motion for a stay it is notruling on whether the attorney-client privilege applies under these facts. That is a bridge too far under these circumstances. (Finally, and most puzzling, the question the plaintiff corporation seems to pose by this legal malpractice litigation is this: Who owns it? This discovery dis...
2018.2.22 Demurrer 574
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ...n an assessment of improvements when the improvements did not exist on the lien date; (6) paid on an assessment in excess of the equalized value of the property as determined by the county board of equalization; or (7) paid on an assessment in excess of the value determined by the assessor in a mandatory audit. (Rev. & Tax Code, § 5096.) Plaintiff bases her claim on the grounds that the “AAB further proceeded in an arbitrary and capricious man...
2018.2.22 Motion for Summary Adjudication 332
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.22
Excerpt: ...hat is in issue is the duty to defend, based on those alleged claims, rather than the ultimate duty to indemnify. Majic/ADA argue a defense is not owed unless it is first shown Majic/ADA caused or contributed to Plaintiff's alleged injuries. In support of their contentions, Majic/ADA point to the language in the policy that they will indemnify, protect, defend (etc.) “provided that any such claim, damage, loss or expense is caused in whole or i...
2018.2.22 Motion for Summary Judgment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.22
Excerpt: ...tions for summary judgment and summary adjudication are denied. Nationstar first argues that the court should grant summary judgment as to Plaintiff's entire case because all of Plaintiff's claims fail for lack of recoverable damages. Nationstar met its initial burden by setting forth evidence that Plaintiff agreed to a limitation on its available damages in the Short Sale Agreement. The Short Sale Agreement states: 14.B. SELLER DEFAULT. BUYER AN...
2018.2.22 Motion for Summary Judgment 326
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ...o. 1: There Is No Triable Issue of Fact as to Plaintiff's First Cause of Action for Breach of Contract, as a Matter of Law. Plaintiff fails to meet its initial burden to prove all elements of the claim for breach of contract—specifically, damages. (See Paramount Petroleum Corp. v. Super. Ct. (2014) 227 Cal. App. 4th 226, 241.) Plaintiff contends the unpaid balance as of 01/01/2017 was $30,639.36, but provides no competent evidence as to how tha...
2018.2.22 Motion for Summary Judgment, Adjudication 870
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.22
Excerpt: ...plaint ceases to have any effect either as a pleading or as a basis for judgment.” (Ibid.) 2. Cross-defendant Yorba Linda Water District's motion for summary judgment/adjudication directed at cross-complainant Wailea Property Partners, LLC's cross-complaint is DENIED. The court has treated this motion as one for summary judgment only, as cross-defendant Yorba Linda Water District (District or YLWD) has failed to comply with California Rules of ...
2018.2.22 Motion for Terminating Sanctions 369
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ...hin 30 days. Code Civ. Proc. §§2023.010(d) and (g), 2023.030, 2030.290(c). Plaintiff Ashad Hamideh is ordered to serve verified supplemental responses without objections to the form interrogatories within 15 days. The Motions by Defendant Imran Khan (1) for Terminating Sanctions and/or Other Monetary Sanctions and Attorney Fees against Plaintiff Mohammad Hamideh and (2) for Terminating Sanctions and/or Other Monetary Sanctions and Attorney Fees...
2018.2.22 Motion to Compel Arbitration 632
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ...6. “In short, the testator's intent to benefit the plaintiff is a prerequisite to the imposition of a duty on the attorney to the plaintiff. This makes sense, as the rationale for allowing testamentary instrument beneficiaries to recover in the event of a breach by the attorney is that ‘the main purpose of the testator in making his agreement with the attorney is to benefit' those beneficiaries ‘and this intent can be effectuated ... only b...
2018.2.22 Motion to Compel Arbitration 651
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.22
Excerpt: ...court GRANTS the Petition for the reasons set forth below. This litigation is stayed pending resolution of the arbitration. A. Basic Procedure In Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394, 412-414, the California Supreme Court explained the procedure a trial court must follow when a party files a petition to compel arbitration. The only question is whether the trial court should specifically enforce the arbitrati...
2018.2.22 Motion to Compel Arbitration 768
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ...inari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses v. Molinari, supra, 132 Cal.App.4th at 1230.) Here, it is undisputed that the parties entered into a written agreement to arbitrate, the claims at issue are covered by that agreement, and Plaintiff has refused to arbitr...
2018.2.22 Motion to Compel Compliance
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.22
Excerpt: ...f to comply with Plaintiff's responses to Pacific Transformer's Requests for Production Nos. 8, 18 and 19. Defendants also seek sanctions. Plaintiff does not oppose these motions, but opposes Defendants' request for sanctions. Based on Plaintiff's non-opposition, Defendants' motions are granted. Plaintiff shall produce any responsive documents not yet produced by March 15, 2018. Defendants' request for sanctions is granted. See Cal. Civ. Proc. Co...
2018.2.22 Motion to Compel Responses 955
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ... is GRANTED. (Code Civ. Proc., section 2033.290.) However, in the event that Plaintiff Kenneth Mayer serves a proposed response to the requests for admission that is in substantial compliance with Code of Civil Procedure section 2033.220 before the time of the hearing, the Court will deny the motion. (Code Civ. Proc., § 2033.280, subd. (c) [the court shall deem the matters admitted "unless it finds that the party to whom the requests for admissi...
2018.2.22 Motion to Quash Deposition 428
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.22
Excerpt: ...2014 to the present. Defendant presented evidence that Plaintiff is engaged in other business activities while out on disability that impacts Plaintiff's claim of lost earnings. Hence a compelling need is shown as to such records. Also, less intrusive means to ascertain what earnings Plaintiff has had since 2014 outside her admitted disability benefits is not shown. Plaintiff's motion to quash is GRANTED as to the balance of the records sought by...
2018.2.22 Request for Judicial Notice 796
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.22
Excerpt: ...dants' demurrer to plaintiff Mankaruse's unverified, first amended complaint: Exhibit 1, Complaint in Mankaruse v. Raytheon Company, et al., O.C.S.C. Case No. 30- 2014-00732670 filed on 7-7-14, Exhibit 2, the Order of 11-9-16 dismissing plaintiff Mankaruse's cause of action for fraud and deceit in plaintiff's 2014 civil action for failure to timely amend, Exhibit 3, the Notice of Entry of Order Regarding Defendants' Demurrer to First Amended Comp...
2018.2.22 Request for Protective Order 934
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.22
Excerpt: ...er conducting an evidentiary hearing, and pursuant to University rules and regulations, made recommendations to the Chancellor of the University about a grievance filed by the plaintiff. Those proceedings are subject to the deliberative process privilege. (See Labor and Workforce Development Agency v. Superior Court (2018) 19 Cal.App.5th 12.) The court finds that defendants have met their burden to show that the nondisclosure of the deliberations...
2018.2.22 Request to Conform Operative Pleading 875
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.22
Excerpt: ...usiness practices was now one for declaratory relief based on the lots yet to have flooring ordered and installed. At the very least there are 352 “remaining lots” which plaintiff claims entitlement to commissions (even though defendant has not necessarily even determined any profit margin). ...
2018.2.21 Application for Court Mtg Re Court's Tentative Ruling 398
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.2.21
Excerpt: ...ey purchased the vehicle from Source Specialists, the written documentation for the sale, attached to the FAC as Exh. 3, shows the purchaser was JBY Enterprises, Inc. In opposition to the demurrer, plaintiffs argue they are the proper plaintiffs as they are the sole owners of JBY, but as JBY purchased the vehicle, JBY is the real-party-in-interest. Plaintiffs elected to operate as a corporation and thus it is the corporation which has standing. T...
2018.2.21 Motion for Foreclosure of Transferable Interest 535
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.2.21
Excerpt: ...that time, and none are forthcoming. (See Miller Decl., ¶¶10-15.) This time, unlike the previous motion, AMG does make “a showing that distributions under a charging order will not pay the judgment debt within a reasonable time.” Corps. Code §17705.03(b)(3). Mr. Miller avers that AMG is still an active business listed with the California Secretary of State, but has stopped conducting business, is not generating revenue, and has no money in...
2018.2.21 Motion to Compel Enforcement of Subpoena 620
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.2.21
Excerpt: ... Street in Westminster, and any 1031 exchanges that occurred with respect to monies wired by Amerilink Escrow to National Exchange Corporation that plaintiffs believe were connected with BTC's sale of the property to JVS Development, LLC. (Id., Attachment 2.) The court first questions whether BTC, an LLC, is a “consumer” entitled to notice under Code of Civil Procedure §1985.3(a)(2). But given that BTC may fit within the definition of an “...
2018.2.21 Motion for Terminating Sanctions 618
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.2.21
Excerpt: ...r terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction. . . .” Miliekowsky vs. Tenet Healthsystem (2005) 128 Cal.App.4 th 262, 280 On 9-27-17, the Court granted Plaintiff's Motion for an Order Compelling the Person Mo...
2018.2.21 Motion to Reconsider 325
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.2.21
Excerpt: ...7. Because terminating sanctions are a harsh remedy, this court declined to issue terminating sanctions at that time and instead directed that defendant Thai appear for his deposition on 11-7-17. Thai was personally present in court when the court made this order and plaintiff gave written notice of the ruling thereafter. Thai failed to appear on 11-7-17. Plaintiff again moved for terminating sanctions, as well as monetary sanctions. In response,...
2018.2.21 Motion to Set Aside Acceptance of Defendant 271
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.2.21
Excerpt: ...rty seeking relief has been diligent, courts have often granted relief pursuant to the discretionary relief provision of section 473 if no prejudice to the opposing party will ensue. [citations omitted]'” Ibid. This provision can be used to set aside any “other proceeding” taken against a party through the mistake, inadvertence, surprise, or excusable neglect of a party or her attorney, and is not limited to judgments or dismissals. See Cod...
2018.2.20 Motion to Strike 926
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.20
Excerpt: ...smiss an action pursuant to Code of Civil Procedure section 581 exists even after a section 425.16 motion is filed by the defendant and a hearing is held but prior to the court ruling on the motion. (Kyle v. Carmon (1999) 71 Cal. App. 4th 901, 908–09.) Although the Court lacks jurisdiction to rule on the merits of the Motion, the “the trial court has discretion to determine whether the defendant is the prevailing party for purposes of attorne...
2018.2.20 Motion to Set Aside Default, Judgment 914
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.20
Excerpt: ...resulting default entered by the clerk against his or her client . . . or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing c...
2018.2.20 Motion to Consolidate 872
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.20
Excerpt: ...“Sanchez”) was insured by Alliance United Insurance Company (“Alliance”), and Alliance brought a subrogation action in limited jurisdiction against Plaintiff for property damages to Defendant Sanchez's vehicle. (Motion, Theam Decl., ¶ 3.) The instant action is deemed the lead case because it is an unlimited case, while the suit filed by Alliance is a limited case. It appears consolidation of the two cases will enhance trial court efficie...
2018.2.20 Motion to Compel Responses 646
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.20
Excerpt: ...g party . . . .” Code of Civil Procedure section 2030.270, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propou...
2018.2.20 Motion to Compel Responses 165
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.20
Excerpt: ...ginal of the response to them on the propounding party . . . .” Code of Civil Procedure section 2030.270, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the followi...
2018.2.20 Motion to Amend Judgment 839
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.20
Excerpt: ...C v. Airborne Turbine Ltd. Partnership (2013) 222 Cal.App.4 th 815-816, states, “The trial court is authorized to amend a judgment to add judgment debtors. [Citation.]The judgment may be amended to add additional judgment debtors on the ground that a person or entity is the alter ego of the original judgment debtor. [Citation.] It is an equitable procedure based on the theory that the court is not amending the judgment to add a new defendant bu...
2018.2.20 Motion for Leave to Amend 259
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.20
Excerpt: ...11, 2017, he substituted in as new counsel for OB Sports and discovered the Release executed by Plaintiff, and that he believes Plaintiff's claims, or parts thereof, are barred by the Release, which Plaintiff executed on September 24, 2014. (Motin, Scott Decl, ¶¶ 3-4.) The proposed Amended Answer is attached as Exhibit “A” to Mr. Scott's Declaration. OB Sports has substantially complied with the requirements of CRC 3.1324. The motion is uno...
2018.2.20 Motion for Discovery 054
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.20
Excerpt: ...ar in the action. The defendant is “out of court.” It has no right to participate in the proceedings until either (a) its default is set aside (in which event, it may respond to the complaint), or (b) a default judgment is entered (in which event, it may appeal). (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-386.) ...
2018.2.20 Demurrer, Motion to Strike 663
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.20
Excerpt: ...ve submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”].) The Motion to Strike is MOOT in light of the demurrer. Moving party is to give notice. ...
2018.2.20 Demurrer 878
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.20
Excerpt: ...swer is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible. . . . .” “ ‘The familiar terms “general demurrer” and “special demurrer” do not appear in the statutes. The name “general demurrer” is, however, universally applied to a demurrer raising the fundamental ground: “The pleading does not state fats sufficient to constitute a cause of action.” [Citation.]' [Citations.]” (McKenne...
2018.2.20 Demurrer 247
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.20
Excerpt: ...42, 750.) Thus, the opposition on this ground is overruled. The FAC asserts four causes of action against four defendants (Hernan Orozco, Villa Properties Realty, Bryan Pugh and Tony Nguyen), but fails to adequately identify the defendant affected by each cause of action. This failure causes confusion because it impairs the ability of the Defendants to adequately respond to the FAC. That is, it appears that Defendant cannot reasonably determine w...
2018.2.20 Demurrer 204
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.20
Excerpt: ...n conjunction: These paragraphs can be interpreted as indicating, both, an Agreement between Ms. Gulsvig and Distext in May of 2016 and a separate conversation in May or June of 2016, involving either Ms. Gulsvig or Mr. Nichols. The Court must assume the truth of these allegations and read the Complaint in whole. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 317). As a result, the Demurrer is OVERRULED. ...
2018.2.2 Petition to Abate Substandard Property, Appoint Receiver 499
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.2
Excerpt: ...S's of Brian Silver, Esq., and Sky High Holistic and Elevated Dreams Collective Inc. Please update the proofs of service to aid the Court moving forward. It is noted that, attorney/trustee, Brian Silver's caption page indicates an appearance “pro se”. However, the introductory language in certain of the papers (see Silver's Opp. f. 1/17/18, at 1:22) indicate that Mr. Silver is appearing as trustee of the Charles Silverstein Trust, and for Tob...

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