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16237 Results

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2018.3.29 Motion to Set Aside Default
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...g on December 29, 2017; the court (Judge Robert Moss) requested supplemental briefing and continued the motion hearing to January 26, 2018. On January 26, 2018, the court issued a tentative ruling on Trustee Doan's motion and held argument; following argument, the court requested further supplemental briefing and continued the motion hearing to March 2, 2018. The case, including Trustee Doan's motion, was thereafter transferred to this court and ...
2018.3.29 Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.29
Excerpt: ...e plaintiff to demonstrate the merit of the claim by establishing a probability of success. (Id.) Only a claim that satisfies both prongs of the statute - i.e., that arises from protected speech or petitioning and lacks even minimal merit - can be stricken. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88-89.) Here, Prong 1 is met. A claim arises from protected activity when that activity underlies or forms the basis for the claim. (Area 51 Product...
2018.3.29 Motion to Strike 733
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.3.29
Excerpt: ... of plaintiff Cara Crouch. (See, Declaration of Charles Richardson in Support of Motion & Memorandum of Costs filed 6-27-17.) Rule 3.1700(a)(1) requires filing and service of a memorandum of costs. In addition, the stipulation to withdraw between attorney Keesling on behalf of plaintiff Cara Crouch and defendant TCCSA is not shown to cover the memorandum of costs attached to the declaration of attorney Charles Richardson. The stipulation in conte...
2018.3.29 Motion to Strike Punitive Damages 487
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...ficient to support a claim that this was despicable conduct under Civil Code section 3294. Defendant Parker Kirsten shall file an answer to the complaint within 10 days. The plaintiff shall give notice. ...
2018.3.29 Motion to Tax Costs 823
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...$100,000 by the end of trial. It is undisputed the plaintiff failed to obtain a more favorable verdict—it was a 12-0 defense verdict. The burden was on the plaintiffs to show that the offers were not made in good faith. (Elrod v. Oregon Cummins Diesel, Inc. (1987) 195 Cal.App.3d 692, 700.) It failed to meet its burden. The court further finds the offers were reasonable. They were made nearly three years after commencement of the action in 2013;...
2018.3.29 Motion to Vacate Default 599
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.3.29
Excerpt: ......
2018.3.29 Motion toTransfer Matter 524
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...ence is CONTINUED to July 11, 2018, at 8:30 am. It does not appear that all parties have appeared in the action. All parties are ORDERED to file new Case Management Conference Statements prior to the new hearing in accordance with the Local Rules. The defendant shall give notice. ...
2018.3.29 Petition for Writ of Mandate
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.29
Excerpt: ...writ proceeding. Pursuant to section 1094.5(b), the inquiry extends to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion. Cal. Civ. Proc. Code § 1094.5(b). Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or t...
2018.3.5 Demurrer, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.5
Excerpt: ... other remedy demanded in a cause of action. But here, no cause of action is stated at all: the Second Cause of Action instead attempts to assert a punitive damages claim based on the First Cause of Action. (See Complaint ¶¶ 13-15.) The Opposition effectively concedes that this is so. (See Opp. at p. 1.) As the Second Cause of Action fails to state any cognizable cause of action, Defendants' demurrer is sustained. However, as this Demurrer is a...
2018.3.5 Demurrer 077
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.5
Excerpt: ...s lengthy preamble to the argument, which purports to set forth a number of facts that are extrinsic to the Cross-Complaint. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A. Third Cause of Action for IIED In his Motion, Eladio argues that the third cause of action parrots the eleme...
2018.3.5 Demurrer 306
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.5
Excerpt: ...ee Agreement with her former attorneys is contradictory and ambiguous and has an unmet contingency that requires dismissal of cause of action. The Court disagrees. Paragraph 6 of the Agreement provides that if there is no recovery (i.e. if Plaintiff gets no money) then she is still responsible for costs incurred by B&B. There is no unmet contingency. Further, paragraph 4 addresses legal fees in the event of a recovery of some kind. The two paragr...
2018.3.5 Demurrer 888
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.5
Excerpt: ...ice. ...
2018.3.5 Motion to be Relieved as Counsel 508
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.3.5
Excerpt: ...o be no later than 2-2-18, making service on 2-8-18 untimely. In addition, the efforts made by the moving law firm to confirm the current address of its client are not sufficient. When the client's address cannot be confirmed, the attorney must make “reasonable efforts” to confirm the address (or locate a more current address). (CRC 3.1362(d)(1)(B)) Simply mailing the motion to the last known address, return receipt requested, and calling the...
2018.3.5 Motion to be Relieved as Counsel 449
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.5
Excerpt: ...ed orders with corrections to section 8 regarding future hearings. The Court notes that the proposed order does not mention the pending motion to consolidate or motion to strike, and the dates for the CMC and pending demurrer are incorrect. The Court further notes that any order that might be entered relieving counsel would not become effective until counsel filed with the Court proof that it had serve the order relieving it on the clients. ...
2018.3.5 Demurrer, Motion to Strike 063
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.5
Excerpt: ... See Award Metals, Inc. v. Superior Court(1991) 228 Cal.App.3d 1128, 1134-1135 (claims for negligence and intentional tort were merely a “duplication” of the claim for violation of Labor Code section 4558 and should have been sustained); Palm Springs Villas II Homeowners Ass'n, Inc. v. Parth (2016) 248 Cal.App.4th 268, 290 (trial court properly sustained cause of action for breach of governing documents which appeared to be duplicative of bre...
2018.3.5 Demurrer, Motion to Strike 131
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.3.5
Excerpt: ...is inclined to deny the motion as to punitive damages, as fraud has been alleged. 2. Plaintiff/Cross-Defendant's Demurrer to Cross-Complaint This pleading is mooted by the amended cross-complaint filed February 20, 2018. ...
2018.3.5 Motion for Assignment Order 393
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.5
Excerpt: ...apter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following: (1) Twenty-five percent of the individual's disposable earnings for that week. (2) Fifty percent of the amount by which the individual's disposable earnings for that week exceed 40 times the state minimum hourly wage in effect at the time the ea...
2018.3.5 Motion for Judgment on the Pleadings 188
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.5
Excerpt: ... section may only be made on one of the following grounds: . . . [¶] (B) If the moving party is a defendant, that either of the following conditions exist: . . . [¶] (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Kapsimallis v. Allstate Insurance Company (2002) 104 Cal.App.4 th 667, 672, explains, “A judgment on the pleadings in favor of the defendant is appropriate when the compl...
2018.3.5 Motion for Leave to File Complaint 235
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.3.5
Excerpt: ...July 2017. ...
2018.3.5 Motion for Protective Order
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.5
Excerpt: ...f her deposition. Moreover, the court finds that the plaintiff's agreement to stipulate to not use the videotape for purposes other than this litigation is sufficient restriction to address any concerns expressed by the defendant regarding the potential improper use of the videotape. Authorities: The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, man...
2018.3.5 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.5
Excerpt: ...§§ 1792, 1791.1, 1791(a); Mega RV Corp. v. HWH Corp. (2014) 225 Cal.App.4th 1318, 1335-1337 [implied warranty generally inapplicable to components that are not “‘stand-alone product[s]'”]; see also Def. SSUF #4-5, 19-26, 28; Pl. Opp. at 12:23 [slide out and steps], 14:4 [same].) The complaint states the 1st cause of action is asserted only against another defendant, Evergreen Recreational Vehicles. But even if the complaint is construed a...
2018.3.5 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.5
Excerpt: ...Quick Bridge alleges that it is owed the principal sum of $60,997.20, plus $10,650.00 in attorneys' fees and costs, as per the attorneys' fee provision in the Loan Agreement, and $6,784.26 in prejudgment interest, for a total judgment amount of $78,431.46. Authorities: Summary judgment may be granted where it is shown that "there is no defense to the action or proceeding." See Civ. Proc. Code§ 437c(a). a moving plaintiff has met his burden of sh...
2018.3.5 Motion for Summary Judgment, Adjudication 403
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.3.5
Excerpt: ......
2018.3.5 Motion to be Relieved as Counsel 381
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.5
Excerpt: ...onship.” The declaration submitted in support of this Motion supports withdrawal under Rules of Professional Conduct, rule 3-700, subdivision (C)(1)(d). Moving Counsel will remain the attorney of record for Mr. Contreras until Moving Counsel files proof of service of the signed order upon the Mr. Contreras. The order will become effective upon the filing of the proof of service upon Mr. Contreras. The court schedules this case for a Case Manage...
2018.3.5 Demurrer, Motion to Strike 053
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.5
Excerpt: ...anation.” Womack v. Lovell (2015) 237 Cal.App.4th 772, 787. In the original complaint, Plaintiff Erwin sued his client Ed Gabrin. Plaintiff was a party to the two oral contracts. In the First Amended Complaint, Plaintiff alleged that he was a third party beneficiary instead. Plaintiff failed to explain the reason for this substantial change. Rules of Professional Conduct, Rule 3-300: California Rules of Professional Conduct, rule 3–300 subjec...

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