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2018.3.19 Application for Pro Hac Vice 588
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.19
Excerpt: ...nts. There is no conflict of interest, because there is no attorney-client relationship. The In re Baird case is completely unrelated to the issues in this case. The case management order does not create an attorney-client relationship between Attorney O'Connor and the other attorneys in the In re Baird product liability case. There has been no confidential communication between Brenes or the Brenes' clients and Attorney. “Our courts recognize ...
2018.3.16 Motion to Quash or Limit Subpoenas 045
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.3.16
Excerpt: ...tiff has not put all of her medical records from her entire life at issue here. However, Plaintiff has put more at issue in this action than her motion suggests. (See Opp, Ex. A, at 6.2 and 9.1.) The Court thus cannot conclude that discovery here should be limited, as Plaintiff proposes (Motion p. 8), to records concerning Plaintiff's “right toe, right foot, left hip and lumbar spine.” The Court will therefore GRANT the motion in part. The su...
2018.3.16 Motion for Summary Judgment, Adjudication 326
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.3.16
Excerpt: ...ation, “the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.” (CRC 3.1350(b).) Here, the notice does not state specifically the issues to be adjudicated. Thus, the court will consider only the motion for summary judgment. A plaintiff moving for summary judgment must show tha...
2018.3.16 Motion for Summary Judgment, Adjudication 712
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.16
Excerpt: ... are unopposed. Plaintiff has not presented a triable issue of material fact. (Code Civ. Proc., § 437c, subds. (a), (p)(2); see also, Willard v. Hagemeister (1981) 121 Cal.App.3d 406, 412-414.) Plaintiff Nick Guillermo's loss of consortium claim rises or falls, as in this case, with his wife's medical malpractice claim. (Tucker v. CBS Radio Stations, Inc. (2011) 194 Cal.App.4th 1246, 1256.) Defendants Bull and Wong shall give notice of rulings. ...
2018.3.16 Motion for Terminating Sanctions 261
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.3.16
Excerpt: ... of this date, this task will apparently be completed soon. The court orders Defendants to respond without objection to all discovery orders within ten (10) days. At this time, terminating sanctions would be an excessive penalty. Sanctions must be in proposition to the dereliction. Lopez v. Watchtower Bible and Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604–605. Defendants have paid the previous sanctions, and are ordered to pa...
2018.3.16 Motion for Terminating Sanctions, to Strike 862
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.16
Excerpt: ...erior Court Local Rule 316, which establishes their duty to attend. Plaintiff The Irvine Co. moves to strike Defendant's answer under Local Rule 381. The Court finds that the motion is premature and Denies it without prejudice. Local Rule 316 (E) provides that, absent good cause shown, a failure to appear at an MSC is an unlawful interference with court proceedings, such that the Court may “order the person at fault to pay the opposing party's ...
2018.3.16 Motion to Bifurcate 366
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.16
Excerpt: ...ecede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5 [not applicable here]. … If the decision of the court, or the verdict of the jury upon the issue of liability so tried shall be against any party on whom liability is sought to be imposed, or if the decision of the court or the verdict of the jury upon any other issue or part thereof so trie...
2018.3.16 Motion to Compel 171
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.16
Excerpt: ...nd nature of the examination, as well as the identity and the specialty, if any, of the physician who will perform the examination. (Code Civ. Proc., § 2032.220.) The plaintiff must respond to the demand within 20 days stating that she will comply with the demand as stated, will comply with the demand as specifically modified by the plaintiff, or will refuse, for reasons specified in the response, to submit to the demanded physical examination. ...
2018.3.16 Motion to Compel Answers, Production 434
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.16
Excerpt: ...ation regarding the beneficiary dealerships. Defendants are former employees and a direct competitor. Before the Court this day are four discovery motions seeking further responses. In two months there is a motion for an injunction prohibiting defendants from using information obtained from plaintiff (before or within this litigation) which might qualify as a trade secret. Collectively, it is fair to say that the parties are having information is...
2018.3.16 Motion to Compel Deposition 736
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.16
Excerpt: ...tions moving forward on an agreed-upon date is that it is burdensome under Code of Civil Procedure section 2019.030, subdivision (a)(1) for its employees to have to attend a deposition 10 miles from their place of employment as it disrupts business and the employees “rarely produce any useful information”. This statute does not support Defendants' argument. Defendants' five employees [(1) Huntington Beach Chrysler Dodge Jeep Ram's person most...
2018.3.16 Motion to Enter Judgment 208
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.16
Excerpt: ...l address for the Defendant Tran, the clerk therefore served a copy of the 2/23/18 minute order, upon the Plaintiff's counsel electronically on 2/23. The Court also ordered, “Plaintiff shall give notice”; “Clerk gave telephonic notice to the moving party in regards to the tentative ruling and the continued date. Clerk to give written notice to moving party and moving party to notice other party.” (Mins. filed 2/23/18, Clerk's Certificate ...
2018.3.16 Motion to Issue Earnings Withholding Order 063
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.16
Excerpt: ... provides: “Community property is subject to enforcement of a money judgment as provided in the Family Code.” Family Code section 910 provides: (a) Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a ...
2018.3.16 Motion to Quash Subpoenas 045
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.3.16
Excerpt: ...tiff has not put all of her medical records from her entire life at issue here. However, Plaintiff has put more at issue in this action than her motion suggests. (See Opp, Ex. A, at 6.2 and 9.1.) The Court thus cannot conclude that discovery here should be limited, as Plaintiff proposes (Motion p. 8), to records concerning Plaintiff's “right toe, right foot, left hip and lumbar spine.” The Court will therefore GRANT the motion in part. The su...
2018.3.16 Petition to Compel Arbitration 125
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.16
Excerpt: ...es Corp. (1996) 14 Cal.4 th 394, 413. Defendant Alfredo Cervantes is covered by this agreement as he is being sued for conduct within the scope of his agency for defendant AG Seal Beach, LLC. See, Valley Casework, Inc. v. Comfort Construction, Inc. (1999) 76 Cal.App.4 th 1013, 1021. Alternatively, the doctrine of equitable estoppel is applicable as plaintiff Montoya's claims against defendant Alfredo Cervantes are intertwined with plaintiff's cla...
2018.3.16 Motion to Renew Judgment 503
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.16
Excerpt: ...ice was unable to process documents because the case number did not match the records. Furthermore, the rejection notice is dated 12-1-17, which left judgment creditor with a few more days (until 12/7/17) to file the renewal application with the correct case number before the prior renewed judgment enforcement period expired. However, judgment creditor did not do so, and does not explain why. Finally, judgment creditor cites no authority allowing...
2018.3.16 Motion to Seal Documents 632
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ... trust petition hearing. Two motions (ROA 275 and 295) were filed by Petitioner Deutsche Bank National Trust Company, solely as Trustee for the Securitized Asset Backed Receivables LLC Trust 2007-BR2 (“Trustee”) and two other motions (ROA 302 and 311) were filed by Non-Party WMC Mortgage, LLC (“WMC”). It appears that both the Trustee and WMC are seeking to seal the same or similar records, so the Court will consider the motions together. ...
2018.3.16 Motion to Seal Documents 674
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ...n the related case, OCSC no. 2016-00880632, the Court GRANTS in part and DENIES in part, as more specifically set forth in the ruling in the related case. The Court notes that the portions of the documents sought to be sealed are virtually the same, except that the page numbers may be different. With respect to those portions of the record receiving approval for sealing, the Court finds: (1) There exists an overriding interest that overcomes the ...
2018.3.16 Motion to Set Aside Default Judgment 796
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.16
Excerpt: ...y (2010) 187 Cal.App.4th 175, 180.) Palmer has also failed to demonstrate he is entitled to relief under Code of Civil Procedure section 473 on the ground the judgment is void. (See Code Civ. Proc., § 473, subd. (d).) Palmer baldly contends that since the service of process via publication “did not provide [him with] actual notice” of the lawsuit “as he was living out of state,” this somehow “deprive[s] the court of jurisdiction as to ...
2018.3.16 Motion to Strike 421
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.3.16
Excerpt: ...k v. Children's Hosp. L.A., 237 Cal. App. 4th 1454, 1469 (2015); Murphy v. Kenneth Cole Productions, Inc., 40 Cal. 4th 1094 (2007) (hereinafter “Murphy”). Except as specifically granted, Defendant's motion is denied. Although the wage and hour claims may be governed by a three-year statute of limitations, the UCL claim is governed by a four-year statute of limitations. The logical result of granting Defendant's motion would be to require requ...
2018.3.16 Motion to Strike 492
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.16
Excerpt: ...mination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. … (e) As used in this section, "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial procee...
2018.3.16 Motion to Strike Answer 764
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.16
Excerpt: ...int is verified, the answer shall be verified.”].) Defendants failed to do so. Defendants concede the error, and have attempted to state a Verified Answer in the Opposition. But an opposition brief is not an Answer – a separate Verified Answer must be filed. Defendants are therefore granted 15 days leave to amend, to file an amended verified answer. Plaintiff is to give notice. ...
2018.3.16 Motion to Tax Costs 148
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.16
Excerpt: ...al.App.3d 1450, 1453-1455; Code Civ. Proc., § 1032, subd. (a)(4).) The per diem cost for having a court reporter present at the trial is recoverable. (See Code Civ. Proc., § 1033.5, subd. (a)(11); Govt. Code, § 68086, subd. (a); Cal. Rules of Court, rule 2.956(c).) The costs for models, blowups, and photocopies of exhibits, and electronic filing fees are also recoverable. (See Code Civ. Proc., § 1033.5, subds. (a)(13) & (a) (14). While Natash...
2018.3.16 Motion to Tax Costs 682
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ...tion Costs Petitioner seeks to tax $3,776.23 of the requested $13,240.37 in deposition costs, as excessive and not reasonable or necessary. He takes issue with two items: (1) the charge of $1,876.23 for Respondent's counsel's travel costs for his deposition; and (2) the $2,500 appearance fee for his expert, Dr. Wolfe at deposition. As to the travel costs for Petitioner's deposition, the Court GRANTS Petitioner's request, but in the reduced amount...
2018.3.16 Motion to Transfer Venue 385
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.3.16
Excerpt: ...n (1952) 39 Cal.2d 458.) In the case of payment, performance is due at the place where the payment is to be sent. (Hale v. Bohannan, supra, at 39 Cal.2d at pp. 466-68.) The burden is on the moving party to establish the facts to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds. (Fontaine v. Super. Ct. (2009) 175 Cal.App.4th 830, 836.) Here, Defendants fail to meet their burden to show Orange County...
2018.3.16 Motion for Summary Judgment, Adjudication 118
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.3.16
Excerpt: ...efective. Although the motion raises 5 distinct sub-issues, the separate statement does not provide 5 separate headings or 5 sets of facts narrowly and specifically tailored to each of those sub-issues. The separate statement is procedurally defective because it recites the same material facts in the same order for each of the 5 sub-issues. But the sub-issues are sufficiently different from one another that it is difficult for the court to discer...

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