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2018.3.23 Motion for Summary Judgment 813
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.23
Excerpt: ...elevant evidence is admissible by judicial notice.” (Golden Gate Land Holdings LLC v. East Bay Regional Park District (2013) 215 Cal.App.4th 353, 366.) The Court did not consider the federal district court cases against Holding Corp. in ruling on this motion, so specific orders and documents in those cases are not relevant. The threshold issue of whether Plaintiffs are employees of Imperial Girls and/or IEC is not at issue here. (ROA 122, Motio...
2018.3.23 Demurrer, Motion to Strike 117
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.3.23
Excerpt: ...to the Court in the moving declaration of B. Hughes, it appears that counsel for Plaintiff, counsel C. Park, simply responded to Defendants' electronic correspondence by “respectfully disagree[ing]”. (Hughes Decl. ¶ 3). From this, the Court will conclude that Mr. Park did not satisfy the meet and confer requirement. Further, Plaintiff failed to present a timely written opposition to the demurrer and motion to strike, which are directed to al...
2018.3.23 Demurrer 068
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.23
Excerpt: ...ith 15 days leave to amend. The demurrer as to the seventh and ninth causes of action, is sustained without leave to amend. The Kimbark Defendants' request for judicial notice is granted. Third Cause of Action for Intentional Interference With Prospective Economic Advantage The elements of intentional interference with prospective economic advantage are “(1) the existence, between the plaintiff and some third party, of an economic relationship ...
2018.3.23 Demurrer 091
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.23
Excerpt: ... 196 Cal.App.4th 1366, 1375 [internal citations omitted].) A party is indispensable where the plaintiff seeks a type of affirmative relief that, if granted would affect the interest of a third person not joined. (Sierra Club, Inc. v. California Coastal Comm. (1979) 95 Cal.App.3d 495, 501; Code Civ. Proc., § 398, subd. (a).) In other words, Plaintiff is required to join as parties to the action any person whose interest is such that any judgment ...
2018.3.23 Demurrer 245
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.23
Excerpt: ...nternal citations omitted].) Defendant contends the five causes of action in the Complaint asserted against him (i.e., the first, second, third, seventh, and eighth) are subject to a general demurrer because they are time-barred, and Plaintiff fails to allege the debtors transferred property to Defendant. Under the first, second, and third causes of action, Plaintiff seeks to void certain transfers of cash from debtors to Defendants under the Uni...
2018.3.23 Motion for Summary Judgment 712
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.23
Excerpt: ...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 complaint. (FPI Development v. Nakashima(1991)...
2018.3.23 Demurrer 576
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.3.23
Excerpt: ...s supposed to plead facts. The Court can generally disregard contentions, or conclusions of law or fact at the demurrer stage. (WA Southwest 2, LLC v. First American Title Insurance Company (2015) 240 Cal.App.4th 148, 151; Stevenson Real Estate Services, Inc. v. CB Richard Ellis Real Estate Services, Inc. (2006) 138 Cal.App.4th 1215, 1219-20). A complaint should allege with reasonable particularity the facts supporting the statutory elements of a...
2018.3.23 Demurrer 988
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.3.23
Excerpt: ... confer requirements of CCP 430.41. Defendant must first make reasonable attempts to comply in good faith with the requirements of CCP 430.41. Once Defendant has completed those efforts, it may refile its demurrer. Defendant's counsel may not charge his client for the new filing fee or for any additional fees incurred in redrafting and refiling the demurrer papers. First, Ramos states that tried to initiate contact with Plaintiff on 2/6/18, by te...
2018.3.23 Demurrer 431
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.23
Excerpt: ...appears that no final judgment on the merits was entered in the prior action. (Opp RJN Exs. 1-5; Boeken v. Philip Morris USA, Inc. (2010) 48 Cal.4th 788, 797.) The Demurrer on res judicata grounds is therefore Overruled. The Demurrer also asserts that the entire action is time-barred, but that has not been established for purposes of demurrer. The Complaint alleges that Patel, through “Mortgage Corp.”, entered into a Mortgage Broker Business ...
2018.3.23 Motion for Approval of Class Action Settlement 331
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.23
Excerpt: ...all be submitted as well. As to the Settlement: 1. Please provide estimates and calculations for the total potential value of all claims. Also, the class size of 1,983 was as of 07/31/17. (Settlement ¶¶ 1.39, 3.1.) Please provide an update on the class size and provide calculations based on the revised class size. 2. As to the requested enhancement payment, at final approval Plaintiff is to submit a declaration that addresses the factors set fo...
2018.3.23 Motion for Approval of PAGA Settlement 836
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.3.23
Excerpt: ... an independent legal right to bring the action, a person who is not a party but who is represented by the agency is bound by the judgment as though the person were a party.”) Accordingly, the trial court must “review and approve” a PAGA settlement. Cal. Lab. Code § 2699(l)(2). There is little direction in either the statute or the cases as to the court's responsibility in connection with the required approval. However, § 2699(e)(2), auth...
2018.3.23 Motion for Cost of Proof Sanctions 559
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.3.23
Excerpt: ... for pure questions of law” and thus improper. (Opp. p. 3.) But the RFAs are as to coverage issues, and as to whether Exir was an insured. (Lehavi Decl. Exs. 3 & 5.) RFAs which require application of facts to law are permissible. (C.C.P. § 2033.010; Cembrook v. Superior Court In and For City and County of San Francisco (1961) 56 Cal.2d 423, 429 [that a request is “for the admission of a controversial matter, or one involving complex facts, o...
2018.3.23 Motion for Determination of Good Faith Settlement 307
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.3.23
Excerpt: ... range of their proportional share of liability for plaintiff's alleged damages. The settlement is not so far out of the ballpark as to be inconsistent with the equitable goals of CCP §877.6. Plaintiff has agreed to allocate $181,885 of the $1,875,000 WRAP policy limits settlement to window defects, which will offset any judgment plaintiff obtains against Milgard. That figure was reached based on 10% of a vinyl window replacement cost estimate o...
2018.3.23 Motion for Determination of Good Faith Settlement, Demurrer, Motion to Strike 046
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.23
Excerpt: .... Cross-Defendants /Cross-Complainants AAPER Holdings Inc. Motion requesting a finding that the settlement by and between Plaintiffs Andrea R. Moni & Fabian E. Moni and Cross- Complainant/Cross-Defendant Christopher Moore, MD is not in good faith is Denied. In determining the issue of the good faith of a settlement, the question is “whether the amount of the settlement is within the reasonable range of the settling tortfeasor's proportional sha...
2018.3.23 Motion for Entry of Default 870
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.23
Excerpt: ...e Defendant has waived service of the summons and Complaint and has consented to this Court's exercise of jurisdiction. Defendant consented to jurisdiction because he made several general appearances by attending multiple CMC's, in person, by telephone, and through counsel. Defendant invoked the jurisdiction of the Court by requesting continuances of the CMC -- to allow him to negotiate settlement, to retain counsel, and to file an answer or demu...
2018.3.23 Motion for Entry of Judgment 597
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.23
Excerpt: ... court within 60 days after the filing of the complaint”).) Plaintiff shall do so within the next two days. Per the moving papers, a settlement was reached between Plaintiff and the Defendant in March of 2017, pursuant to a written Settlement and Mutual Release Agreement which the movant seeks to enforce. While a copy of a detached stipulation page regarding entry of judgment is provided, a copy of the settlement agreement is not provided to th...
2018.3.22 Motion to Strike Answer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...Co., Inc. v. Harrison(1981) 125 Cal.App.3d 436, 442. Here, the TAC seeks, inter alia, damages of $2,085,488.22, including $267,800.00 in attorneys' fees. TAC at 64-66 (Prayer for Relief). This is a material change from the Second Amended Complaint (SAC), which sought various types of alleged damages “according to proof at trial,” injunctions, and costs and attorneys' fees. SAC at 64-66 (Prayer for Relief). Defendant is therefore entitled to r...
2018.3.22 Motion to Stay Enforcement of Judgment 434
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.3.22
Excerpt: ...y stayed during appeal. However, under C.C.P. § 917.1(a)(2), a cost award for expert witness fees claimed under C.C.P. § 998 is an exception to that rule. (See Quiles v. Parent (2017) 10 Cal.App.5th 130, 143 [expert witness fee award under § 998 is not, on its own, a money judgment under §917.1(a)(1): instead, it resides in a separate category that requires a bond for a stay on appeal under §917.1(a)(2).].) The Amended Judgment includes an a...
2018.3.22 Motion to Set Aside Default, Judgment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...rise, mistake or excusable neglect. Defendants argue that the court should set aside the defaults and default judgments entered against them. See Cal. Civ. Proc. Code § 473.5. Defendants submitted a proposed answer to Plaintiff's First Amended Complaint with their motion. See Stopani/Laguna Decl. Ex. A. For the following reasons, Defendants' motion is granted. The court finds Defendants made their motion within the time period specified in secti...
2018.3.22 Motion to Enjoin 127
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.3.22
Excerpt: ...f Proof As the moving party, Handler LLC has the burden of proof on two interrelated factors: (1) the likelihood that the moving party will prevail on the merits, and (2) whether the harm Handler LLC will likely suffer if injunctive relief is denied outweighs the harm Defendant BOFI Holding Inc. is likely to suffer if injunctive relief is granted. (O'Connell v. Superior Court (2006) 141 Cal. App. 4th 1452, 1481; Ketchens v. Reiner(1987) 194 Cal.A...
2018.3.22 Motion to Dismiss or Stay Action 547
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.3.22
Excerpt: ...��FTAs”). A party seeking to defeat a forum selection clause bears the “substantial burden” of demonstrating that enforcement of the clause would be unreasonable. (CQL Original Products, Inc. v. National Hockey League Players' Association (1995) 39 Cal.App.4th 1347, 1353-1354; Miller-Leigh LLC v. Henson(2007) 152 Cal.App.4th 1143, 1149.) Plaintiffs have not done so here. Nor is there any apparent basis for the claim that FTAs were not part ...
2018.3.22 Motion to Dismiss Action 202
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.3.22
Excerpt: ...owing in the Court records as having been actually filed, at the time of receipt. The Court did not review the submission and will return the submission to Ms. Galian unless the fact of service, and filing, are established by Ms. Galian, at the time of this hearing. Further, the Court would like to provide the cross-defendants adequate time to receive and respond to the documents, as well as the same for the Court. The hearing will likely be cont...
2018.3.22 Motion to Compel Further Responses (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...intiff to give notice. Plaintiff SP Star Enterprises, LLC's Motion to Compel Further Responses to Special Interrogatories Plaintiff SP Star Enterprises, LLC, moves to compel further responses to Special Interrogatories (Set Two). Plaintiff's motion is granted. Defendant Madain must provide further, complete responses to Special Interrogatory Nos. 71, 83, 85, 86, 90, 91 and 97. These interrogatories are within the scope of discovery. Defendant Mad...
2018.3.22 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...ck Eisen in its responses to Special Interrogatory Nos. 2, 4, 6, 8 and 10. After Plaintiff filed this motion, Defendant agreed to produce Eisen for deposition and to accept a subpoena on his behalf. Defendant also provided Plaintiff with second supplemental responses to Special Interrogatory Nos. 2, 4, 24, 32 and 34 on March 7, 2018. Plaintiff did not address these issues or interrogatories in his reply. Accordingly, the court finds Plaintiff's m...
2018.3.22 Motion to Compel Deposition
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.3.22
Excerpt: ...any evidence supporting this assertion. Moreover, Defendants also state that “Defendants stand ready to produce the Person Most Qualified and service personnel from Premier Chrysler Jeep of Placentia at a mutually agreeable date and time for deposition so long as those depositions take place at the dealership.” Id. at 2:17-19. Thus, while Defendants appear to contend that these deponents are not party- affiliated witnesses, Defendants also st...

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