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16242 Results

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SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 15525,25
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2018.3.26 Motion to Compel Arbitration
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.26
Excerpt: ...s that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413.) In fact, the parties seem prepared to stipulate to binding arbitration on these terms:  the arbitrator shall be Judge Russell Bostrom (ret.) with Judicate West  the arbitration will be “conducted in the same manner as a bench trial and the California Code of Civil Procedure shall apply ...
2018.3.26 Demurrer, Motion to Strike 508
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.26
Excerpt: ..., Writ of Attachment, and Temporary Restraining Order. Moving Party Plaintiff Jessica M. Costa. Responding Party Defendant Holden Johnston. Motion 4: Application for Right to Attach Order, Writ of Attachment, and Temporary Restraining Order. Moving Party Plaintiff Jessica M. Costa. Responding Party Defendants Luis Ibarra and Karina Carrillo Ibarra. Ruling Motion 1: Defendants' demurrer to the first cause of action for fraud is SUSTAINED as to Def...
2018.3.26 Application for Right to Attach Writ of Attachment, Motion to Quash 796
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.26
Excerpt: ...claim that is not asserted in the Complaint. The facts giving rise to the claim, i.e., the payments totaling $255,000, occurred after Plaintiff filed the initial Complaint. The Complaint frames the issues. Plaintiff did not file an amended or supplemental pleading before bringing this Application. Defendant is ordered to give notice. ...
2018.3.26 Motion for Summary Judgment 530
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.26
Excerpt: ...acie showing is one that is sufficient to support the position of the party in question.” Id. at p. 851. A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. Code Civ. Proc., § 437c, subd. (p)(2). The scope of this burden is determined by the allegations of the plaintiff's complain...
2018.3.26 Demurrer 688
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.3.26
Excerpt: ......
2018.3.26 Demurrer 968
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.26
Excerpt: ... ruling, or his Complaint will be dismissed.” Plaintiff did not appear at the hearing on 1/29/18. Therefore, the Court ordered Defendants to give Notice of the Ruling. There is no evidence, however, that either Defendant gave notice to Plaintiff as they were ordered to do. Defendants must file a Proof of Service prior to the hearing on 3/26/18 showing that they properly served notice of the Court's 1/29/18 Minute Order on Plaintiff. If Defendan...
2018.3.26 Demurrer, Motion to Strike 368
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.26
Excerpt: ...f Joanne H. Tagami. Ruling Motion 1: The unopposed demurrer by Defendants Deutsche Bank National Trust Company Americas, as Trustee for Mortgage Asset-Backed Pass-Through Certificates, Series 2006-QO1 (erroneously sued as “Deutsche Bank National Trust Company, as trustee) and Nationstar Mortgage LLC (erroneously sued as “Nationstar Mortgage, LLC, as loan servicer) to the Second Amended Complaint (“SAC”) is SUSTAINED without leave to amend...
2018.3.26 Demurrer 670
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.26
Excerpt: ...� 2924(a)(6) Plaintiff alleges that Defendant violated Civ. Code § 2924(a)(b) because it really did not have standing to foreclose due to the late assignment of the deed of trust to a trust that allegedly closed in 2006. The doctrine of res judicata, whether it applies as a total bar to further litigation or as collateral estoppel, rests upon the sound policy of limiting litigation by preventing a party who has had one fair adversary hearing on ...
2018.3.26 Demurrer, Motion to Strike 926
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.26
Excerpt: ... economic advantage in the Fourth Amended Complaint filed by Plaintiffs Michael P. Schaefer and MPSCHAEFER, LLC. The Court notes that although Mater Dei High School is a moving party on the Demurrer, it is not a Defendant named in the sixth cause of action. Tortious Interference with Prospective Economic Advantage Defendants correctly argue that, to state a claim for intentional interference with prospective economic relations, Plaintiff must all...
2018.3.26 Motion for Judgment on the Pleadings 709
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.26
Excerpt: ... but not the truth of statements of fact recited within the documents. Evid. Code § 452(h); Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1116-1118, as modified (July 24, 2007). By her First Amended Complaint, Plaintiff asserts a single cause of action for rescission based on alleged violations of the federal Truth in Lending Act and Regulation Z. Although Plaintiff alleges “DiTech did not supply the fol...
2018.3.26 Motion for New Trial 260
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.26
Excerpt: ...008) 167 Cal.App.4th 567, 625; Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal. App. 4th 1171, 1192-1193; Whitlock v. Foster Wheeler, LLC (2008) 160 Cal.App.4th 149, 160. Plaintiff has not shown additur would be appropriate. Defendant shall give notice. ...
2018.3.26 Motion for Preliminary Injunction
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.26
Excerpt: ...d [they] ultimately will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction.'” (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1449.) Plaintiffs may have shown some likelihood of prevailing to some extent on their claims. But their alleged losses could be “adequately compensated by a judgment for money damages.” (Abrahms v. St. Johns Hosp. & Health Ctr. (1994) 25 Cal...
2018.3.26 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.26
Excerpt: ...e protected or permissive phase at the time of the accident. If the traffic signal was in the protected phase, then the City's use of a “protected-permissive” signal instead of a “protected-only” signal may not be a substantial factor in causing the accident. Moreover, defendant failed to show no triable issue exists as to all pleaded dangerous conditions. Its motion does not address the contribution of the “roadways” to the accident....
2018.3.26 Demurrer, Motion to Strike, Consolidate 449
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.26
Excerpt: ... to amend. The demurrer to the sixth cause of action for civil conspiracy is overruled. 4th, 5th COA – Fraud and Negligent Misrepresentation To state a claim for fraud or negligent misrepresentation, a plaintiff must allege, among other things, that the defendant represented to plaintiff that a fact was true and defendant's representation was false. CACI no. 1900; Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150, 1166 (in...
2018.3.23 Motion to Quash, to Strike 258
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.23
Excerpt: ...Compant; defendant Equity Funding is the deficiency judgment assignee. This is a motion to quash by MSMC, and a motion to strike by Equity. MSMC's Motion to Quash The motion is Granted. MSMC's motion to quash is based on this Court's putative lack of personal jurisdiction over the entity. As the undisputed evidence shows (per Daste Declaration):  MSMC is a Delaware Limited Liability Company, with its principal place of business in Louisiana; �...
2018.3.23 Motion to Compel Arbitration 881
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.23
Excerpt: ... class claims set forth in first through seventh causes of action, to allow him to proceed in court with his eighth cause of action for PAGA violations, and to deny the motion to arbitrate as moot. (ROA 271.) Although it is not expressly stated, the Court construes Petersson's request to dismiss the first through seventh causes of action as a request to dismiss the claims in their entirety—both class and individual claims. Petersson is to confi...
2018.3.23 Motion to Compel Arbitration, Stay Proceedings 266
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.3.23
Excerpt: ...nd if she wishes to assert an individual claim for any alleged violations of Labor Code §§201 and 202, since her pleadings do not allege any such violation as to her personally. However, any such claim would be subject to arbitration pursuant to the parties' written agreement to arbitrate. The court in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal. 4th 348, 381, drew a distinction between civil penalties recovered on behalf of t...
2018.3.23 Motion to Compel Further Responses 560
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.23
Excerpt: ...erlin, M.D., Thomas Nass, M.D., and Lawrence B. Werlin, M.D., Inc dba Coastal Fertility Medical Clinic are Denied. Plaintiffs have not at this time established the required “good cause” under CCP 2031.310(b)(1). The information requested is private, highly sensitive medical information of non-parties. To establish the required good cause, it must be demonstrated that the information sought it “directly relevant” and “essential to the fa...
2018.3.23 Petition to Confirm Arbitration Award 143
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.3.23
Excerpt: ...26-27; Tenzera, Inc. v. Osterman (2012) 205 Cal.App.4th 16, 21. Plaintiff shall present the Court with the interest calculation at this hearing. (See CCP §1287.6; Civil Code §3289.) In addition, Plaintiff shall give notice. ...
2018.3.23 Motion to Strike 276
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.23
Excerpt: ...m a cause of action for wrongful death under Code of Civil Procedure section 377.” (Grimshaw v. Ford Motor Co. (1981) 119 Cal.App.3d 757, 831.) Where, as here, Plaintiffs have joined a wrongful death claim with survivor causes of action, Plaintiffs can recover punitive damages in connection with the survivor claims. (Rufo v. Simpson (2001) 86 Cal.App.4th 573, 616, fn. 14.) The court declines to consider Defendant's argument that the allegations...
2018.3.23 Motion to Strike Complaint 608
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.23
Excerpt: ...bers” 3. Para. 18, p. 4, l. 26: “and the Class Members” 4. Para. 18, p. 4, l. 27: “and the Class Members” 5. Para. 18, p. 5, l. 2: “and the Class Members” 6. Para. 19, p. 5, l. 5: “and the Class Members” 7. Para. 20, p. 5, l. 9: “and the Class Members” 8. Para. 21, p. 5, l. 11: “and the Class Members” [nos. 1-8 have already been deleted and are not found in the Corrected 6AC] 9. Para. 25, p. 5, ll. 25-26: “and is in a ...
2018.3.23 OSC Re Sale of Dwelling 543
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.23
Excerpt: ...dow. Judgment creditor has also established that he filed a copy of the application with the levying officer within the 20 day window on 1/8/18 in compliance with CCP § 704.705. However, moving party has not sufficiently addressed the admittedly questionable liens on the property. Even an apparently fraudulent lien must be provided for in the order of sale if it is superior to the judgment creditor's lien. The creditor's only recourse is to file...
2018.3.23 Petition to Deposit Surplus Proceeds 301
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.23
Excerpt: ... potential claimants. However, the Notice of Intent to Deposit Surplus Funds was only given to three of the potential claimants; Real Time Solutions, James Robertson as Executor for Trustor, and RHFD Pebble, Inc. (Pet. Attachment 13). Under Civ. Code § 2924j(d), this notice must be provided not only to those entities /individuals who made claims with the foreclosure trustee, but also all parties with a recorded interest in the property as of the...
2018.3.23 Petition to Relieve Petitioner from Government Code 232
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.23
Excerpt: ...el. Dept. of Transportation v. Superior Court (2003) 105 Cal.App.4 th 39, 46-47; Harrison v. County of Del Norte (1985) 168 Cal.App.3d 1, 7.) Furthermore, counsel's alleged inability to obtain all documentation, and alleged failure to identify the correct entity, do not constitute excusable neglect. (Munoz, supra at 1785; Department of Water & Power v. Superior Court (2000) 82 Cal.App.4th 1288, 1295.) In the reply, moving party argues that he was...
2018.3.23 Motion to Compel Arbitration 800
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.3.23
Excerpt: ...treated as a procedural statute that does not conflict with the FAA. The parties can agree that the CAA and California law applies. (Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior University (1989) 489 U.S. 468, 470; Cronus Investments, Inc. v. Concierge Services (2005) 35 Cal.4th 376, 386.) Here, ¶ 22 B seems to show that the parties intended for the California Arbitration Act (CAA) and its procedures to have som...

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