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16237 Results

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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
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 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: 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...
2018.2.21 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...
2018.2.21 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 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 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 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...
2018.2.20 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 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. ...
2018.2.20 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 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, 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 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 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 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 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 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 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...
2018.2.2 Motion for Order to Approve Settlement 449
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.2
Excerpt: ...aid wage and Labor Code violation claims of other aggrieved employees are unsettled and are dismissed without prejudice. The court sets a Final Report Hearing for May 11, 2018 at 10:00 a.m. to confirm that distribution of the approved amounts is complete. Any supplemental papers to be filed in conjunction with the Final Report Hearing are due at least two weeks before the hearing date. Plaintiff is ordered to give notice of the ruling unless noti...
2018.2.2 Motion for Preliminary Approval of Class Action Settlement 697
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ...tice is submitted, a redline version showing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. Plaintiff's valuations (ROA 135 ¶ 25) do not include any calculations for claims for violations of Lab. Code § 226/wage statement claim and Lab. Code § 2802/uniform claim, even though they are alleged in the operative complaint and included in the release. 2. The requested costs are estimated to be $13,000. The...
2018.2.2 Motion for Preliminary Approval of Class Action Settlement 775
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.2
Excerpt: ...ness Hearing, including detailed hourly breakdowns of plaintiff's attorneys to support a lodestar cross-check, detailed plaintiff's attorney cost breakdowns, an Administrator declaration and invoice, and plaintiff's declarations to support enhancement requests, must be filed no later than 16 calendar days before the Final Fairness Hearing date, to provide enough time for court review. Plaintiff is ordered to give notice to defense counsel unless ...
2018.2.2 Motion to Compel, Deem Admissions Admitted, Production of Docs 197
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.2
Excerpt: ...d awarding monetary sanctions in the sum of $1160.00 Plaintiff Oso Valley Greenbelt Association's motions to compel responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One) from Defendant Lynda L. Chance are all GRANTED. CCP §§ 2030.290 and 2031.300. Defendant is ordered to serve responses, without objections, within 14 days of service of a notice of ruling by Defendant. P...
2018.2.2 Motion for Protective Order 575
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ... be barred in its entirety, or in the alternative that the Court limit the categories of examination and document requests to only those which the Court deems relevant to this action. The motion is DENIED in part and GRANTED in part. Preliminary Issues The Court OVERRULES Underwriters' Objections. (ROA 408.) As to D.R. Horton's Objections (ROA 415), the Court rules as follows: Parvin Declaration, Objection no. 1: SUSTAINED as to “because of the...
2018.2.2 Motion for Reconsideration 952
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ...ication or motion underlying the Court's 12/18/17 order. Plaintiffs' action was dismissed because their counsel failed to appear for 3 consecutive hearings, resulting in the Court finding that Plaintiffs had failed to prosecute the lawsuit. Instead, and although not specifically raised by Plaintiffs, they appear to be seeking relief under CCP § 473, which permits a party or his or her counsel to seek relief from a judgment, dismissal or order ba...
2018.2.2 Motion for Summary Judgment 743
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ...Code Civ. Proc., § 437c, subds. (a), (p)(2); see also, Willard v. Hagemeister (1981) 121 Cal.App.3d 406, 412-414.) Defendants Hassan M. Alkhouli, M.D. and Pathway Medical Group, Inc. shall submit electronically a proposed judgment and serve it on all parties. Defendants Hassan M. Alkhouli, M.D. and Pathway Medical Group, Inc. shall give notice of ruling. ...
2018.2.2 Motion for Summary Judgment or Adjudication 017
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.2
Excerpt: ... not performing competently in her position, that there is no evidence that Plaintiff was subjected to an adverse employment action, that there is no evidence that Plaintiff was subjected to an adverse employment action because of her pregnancy/sex and that any adverse employment action taken against her by WFB was for a legitimate, nondiscriminatory reason. FACTS 1-56, 58-59. In response, the plaintiff Elyse Jankans has sustained her resulting b...
2018.2.2 Motion for Summary Judgment or Adjudication 918
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.2
Excerpt: ...s the landlord and new owner of the refurbished unit. The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute. A defendant moving for summary judgment may prevail on the motion in one of three ways: (1) by affirmatively negating at least one of plaintiff's essential elements; ...
2018.2.2 Motion to Approve Opt-out Notice 588
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.2.2
Excerpt: ... to opt out. The process used in Belaire-West was recently summarized and approved by the California Supreme Court in Williams v. Superior Court (2017) 3 Cal.5th 531, at 553: “The Belaire-West trial court was correct to order disclosure, subject to employees being given notice of the action, assurance they were under no obligation to talk to plaintiffs' counsel, and an opportunity to opt out of disclosure by returning an enclosed postcard.” P...
2018.2.2 Motion to Compel Answers 185
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.2
Excerpt: ...7 as Jesus Galvan Rodriguez, ROA #123], to provide verified responses to each of the defendant's (1) Special Interrogatories (Set One), and (2) Demand for Production of Documents (Set One). The Motion regarding form interrogatories was previously taken off calendar by the moving parties and is therefore not considered. [See Register of Action 143, Notice of Withdrawal]. The underlying discovery was propounded by the movants approximately seven mo...
2018.2.2 Motion to Compel Initial Responses 114
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.2
Excerpt: ... really ought to be treated as moot. On 09/19/17, defendant caused to be served upon plaintiff by regular mail a set of form and special interrogatories. Upon receipt, it was plaintiff's obligation to provide responses which were “as complete and straightforward” as possible. CCP §2030.220. Plaintiff was represented by counsel at the time, and that attorney failed to serve timely responses or secure an extension of time. On 11/02/17, plainti...
2018.2.2 Motion to Compel Responses 835
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ...d,” thus, there is nothing to produce. While Defendants' response is appropriate, it does not fully comply with Code of Civil Procedure section 2031.230 (e.g., affirm that a diligent search and reasonable inquiry and whether the inability to comply is because the particular item or category has never existed, has been destroyed, etc.). Defendants are ordered to provide a further response that complies with the Code. No. 14 Plaintiff requests do...
2018.2.2 Motions to Charge Stockholder's Interest, Recover Attorney's Fees
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ... Court to award them $2,208,512.50 in attorney fees. The Court FINDS that, pursuant to CC § 1717, William Dohr (“Dohr”) is the prevailing party under the Stock Repurchase Agreement (“SRA”) only with respect to the derivative claims brought by Lintz on behalf of Sterling Homes Corporation (“Sterling”) that are based on the SRA. The Court, however, FINDS that the $2.2 million amount to be unreasonable and excessive. As set forth below,...
2018.2.2 Motion to Decertify Class Action 893
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.2.2
Excerpt: ... disgruntled class defendant to seek a do-over of its previously unsuccessful opposition to certification. Modifications of an original class ruling, including decertifications, typically occur in response to a significant change in circumstances, and [i]n the absence of materially changed or clarified circumstances ... courts should not condone a series of rearguments on the class issues[.]” Williams v. Superior Court (2013) 221 Cal.App.4th 13...
2018.2.2 Motion to Deem Requests Admitted 977
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ...urt shall deem the matters admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220”]; see also St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 782 [actual compliance not required where the proposed response is facially a good- faith effort to respo...
2018.2.2 Motion to Enter Judgment 989
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ...o the terms of their settlement agreement. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (CCP § 664.6.) Here, KB Home and Petersen-Dean, Inc. (“Petersen-Dean”) entered into a settlement agreement in which Petersen-D...
2018.2.2 Motion to Set Aside Default and Default Judgment
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.2
Excerpt: ...objections to evidence are: Declaration of Brendon Garrison. 1-4 Sustained, hearsay Declaration of Christopher Carmichael. 1. Sustained, lack of foundation. Regarding Ubiquity Broadcasting Corporation, that entity is a tax suspended California corporation, and lacks standing to bring this motion. See Grell v. Laci Le Beau Corp. (1999) 73 Cal.App.4th 1300, 1306. As for Defendant Ubiquity, Inc. defendant failed to meet its burden to show that the c...
2018.2.2 Motion to Set Aside Default Judgment
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.2
Excerpt: ... contrary, as is its burden. (Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249-1250; Korte Decl. in support of motion, Paras. 2-4, 6.) Responding plaintiff's reliance on the forum selection clause in the subject finance agreement is unavailing, as the forum selection clause here does not give sufficient notice to defendant that it was agreeing to litigate disputes in California. (Hunt v. Superior Court (2000) 81 Cal. App. 4th 901, ...
2018.2.2 Motion to Set Aside Dismissal 326
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.2
Excerpt: ...t part: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or...
2018.2.2 Motion to Strike Complaint 065
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.2
Excerpt: .... After full consideration, defendants' Motion to Strike the Complaint pursuant to CCP §425.16 is GRANTED. Anti-SLAPP motions are evaluated through a two-step process. Initially, the moving defendant bears the burden of establishing that the challenged allegations or claims “aris[e] from” protected activity in which the defendant has engaged. CCP [defining protected activity]; Simpson Strong- Tie Co., Inc. v. Gore(2010) 49 Cal.4th 12, 21; Eq...
2018.2.2 Motion to Tax Costs, Attorney Fees 564
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.2.2
Excerpt: ...l conferral of benefit or relief from burden when measured against the benchmark condition." Folsom v. Butte County (1982) 32 Cal.3d 668, 685- 686. Here, Plaintiff's lawsuit did not enforce any right as a practical matter. The appeal to the California Coastal Commission was the method and means of enforcing his rights. That very appeal was the reason why Defendants' demurrer was sustained without leave. Thus, Plaintiff was not the “successful�...
2018.2.2 Motions for Preliminary Approval of Class Settlement, For Leave to Intervene 857
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.2.2
Excerpt: .... As set forth in CCP § 387(d)(1)(B), a nonparty shall be allowed to intervene (mandatory intervention) if he/she/it “claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” Th...
2018.2.2 Motions in Limine, for Protective Order 146
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.2
Excerpt: ...le on the parties' objections. In Opposition, Plaintiffs Matt and Denise Belden maintain that this is unnecessary and that Defendants' citation is insubstantial because it amounts to only 6 out of 190 pages of deposition transcript testimony. The Court is puzzled as to why Defendants submitted an email request to the discovery referee to sit in on the 8/25/17 deposition, without first submitted a motion to him. Furthermore, the Court is also puzz...
2018.2.2 Petition to Abate Substandard Housing, Motion to Appoint Receiver
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.2
Excerpt: ...Cal.App.3d 675, 679 to 680. Regarding defendant Just Mortgage Inc., petitioner and this defendant shall meet and confer as to whether petitioner will voluntarily dismiss Just Mortgage, Inc. If the petitioner will not do so voluntarily, the court will entertain a dispositive motion on that issue. Next, at petitioner's request, Eric P. Beatty is appointed as receiver. See, Health & Safety Code § 17980.7(c)(2). In addition, petitioner City of Santa...
2018.2.2 Petition to Abate Substandard Housing, Motion to Appoint Receiver (2)
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.2
Excerpt: ...rd E. Willis could: (1) fully abate the noticed code violations, or (2) retain another real estate agent and present evidence that an agreement to sell the subject Costa Mesa property had been entered into an escrow at least opened. (See, 9-15-17 Minute Order.) Based on the evidence presented, the subject Costa Mesa home has not been brought back into compliance with the code and there is no evidence of entry into a real estate sales agreement fo...
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...
2018.2.2 Motion for Order of Prejudgment Possession 784
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ...ord owner' means the owner of the legal or equitable title to the fee or any lesser interest in property as shown by recorded deeds or other recorded instruments.” (CCP § 1255.450 (a).) There is no proof showing service of the summons, complaint, and moving papers on Defendants First American Title Insurance Company and The Bank of Hemet. 2. To grant the motion, the Court must find that Plaintiff Southern California Edison (“Edison”) has d...

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