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16237 Results

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2018.3.13 Motion to Compel Arbitration, Dismiss Action 273
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ... Plaintiff to prove by a preponderance of evidence a ground for denial. Plaintiff filed a Notice of Non-Opposition to Defendant's Motion to Compel Arbitration” on 2-27-18. Thus, the motion is GRANTED. The court stays this action pursuant to Code of Civil Procedure section 1281.4. The court sets this case for an arbitration review hearing on 9-7-18 at 9:00 a.m. in Department C19. Plaintiff is to give notice. ...
2018.3.13 Motion for Attorney Fees 590
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.3.13
Excerpt: ...tained without substitution of a personal representative after a party has died.” Sacks v. FSR Brokerage, Inc. (1992) 7 Cal. App. 4th 950, 957. Since a ruling on attorney's fees will be part of a judgment, the court is hesitant to move forward with the hearing as presently constituted. ...
2018.3.13 Motion to be Relieved as Counsel 083
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.3.13
Excerpt: ...sel represents there is a breach of an agreement or obligation to pay attorney as to expenses or fees, and that the client has engaged in a conduct such that it is unreasonably difficult for counsel to carry out employment effectively. The motion is unopposed. It also appears that the client will not be prejudiced if the motion is granted since the trial date is not until June 5, 2018. The order will take effect on filing of proof of service upon...
2018.3.13 Demurrer 241
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...pplicable statute of limitation for the fifth cause of action. Code of Civil Procedure section 338, subdivision (d), is the applicable statute of limitation for the sixth cause of action because it appears to be based on fraud. Code of Civil Procedure section 335.1 is the applicable statute of limitation for the seventh cause of action. (Pugliese v. Superior Court (2007) 146 Cal.App.4 th 1444, 1450.) “ ‘ “A demurrer based on a statute of li...
2018.3.13 Demurrer 441
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...ade secrets. [¶] (b) This title does not affect (1) contractual remedies, whether or not based upon misappropriation of a trade secret, (2) other civil remedies that are not based upon misappropriation of a trade secret, or (3) criminal remedies, whether or not based upon misappropriation of a trade secret.” Civil Code section 3426.8 provides, “This title shall be applied and construed to effectuate its general purpose to make uniform the la...
2018.3.13 Demurrer 967
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...Cal.App.4 th612, 616.) The court finds the facts pled as to these causes of action are not so uncertain that Defendant cannot reasonably respond. Second as to the fifth cause of action, Plaintiff pled sufficient facts showing that he relied on Defendant's misrepresentation (“experienced and knowledgable”) by entering into a contract based on this misrepresentation. (FAC, ¶¶ 10-13.) Third, as to the fifth cause of action, Defendant contends ...
2018.3.13 Motion for Judgment on the Pleadings 376
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.3.13
Excerpt: ...: The Motion for Judgment on the Pleadings is GRANTED without leave to amend. Introduction: This case has been pending for 3 ½ years. In January 2018, the case trailed for several days. The trial is now re-set for March 19, 2018. Common Law Motion for Judgment on the Pleadings: Although the time has passed for a statutory motion, Defendant may make a common law motion for judgment on the pleadings. “'A motion for judgment on the pleadings may ...
2018.3.13 Motion for Protective Order 216
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.3.13
Excerpt: ...r Defendants attempted to meet and confer in good faith seeking an extension of time to respond to the subject discovery before filing the instant motion. Specifically, it appears counsel attempted to come to an agreement as to the extension in time and Defendant's deposition, but counsel for Plaintiffs did not respond within the proposed time, and Defendants had to file the motion by 12-11- 17 [or risk waiving their objections to the discovery]....
2018.3.13 Motion for Reconsideration 947
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.3.13
Excerpt: ...er or for the renewal of a previous motion may be considered by any judge or court unless made according to this section.” The Motion was filed on November 22, 2017, well in excess of the 10 days permitted by Code of Civil Procedure section 1008, subdivision (e). Le Francois v. Goel (35 Cal.4 th 1094, 1107, states, “We hold that sections 437c and 1008 limit the parties' ability to file repetitive motions but do not limit the court's ability, ...
2018.3.13 Motion for Summary Judgment 005
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.3.13
Excerpt: ...tion. (DSS ¶¶ 1-8.) Plaintiffs did not oppose the motion. Thus, the motion for summary judgment is granted. Defendant to give notice. (1) Defendant State of California's motion for summary judgment, or in the alternative, for summary adjudication, is CONTINUED to 5-15-18, Dept. C11, at 2 pm. Counsel for Plaintiffs, attests that: (1) immediately upon being served with this motion, Plaintiffs set a number of depositions in this matter, among them...
2018.3.13 Motion for Summary Judgment 549
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.3.13
Excerpt: ...duty, breach of duty, causation, and damages apply…Whether a defendant owes a duty of care is a question of law. Its existence depends upon the foreseeability of the risk and a weighing of policy considerations for and against imposition of liability. [Citation.]” (Burgess v. Superior Court (1992) 2 Cal.4 th1064, 1072.) Proof of negligence requires a showing of duty, breach of duty and causation of injury. (McIntyre v. The Colonies-Pacific, L...
2018.3.12 Motion for Judgment on the Pleadings
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.12
Excerpt: ...Flores v. Kmart Corp. (2012) 202 Cal.App.4th 1316, 1325; Casterson v. Superior Court (2002) 101 Cal.App.4th 177, 183. The Court finds that the records supplied by the RJN indicate Plaintiffs filed a proof of claim in connection with the individual defendants' Chapter 11 bankruptcy case, and that the bankruptcy court's “Order On Objections to Claims, entered on July 19, 2017, provides that the claim s disallowed in its entirety. “[T]the allowa...
2018.3.12 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.12
Excerpt: ...the material allegations of the complaint, including all essential elements of the claims. Advantac Group, Inc. v. Edwin's Plumbing Co., Inc. (2007) 153 Cal.App.4 th 621, 627. Although the defendant should aver “carefully and with as much detail” as possible, allegations should be liberally construed. FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384. Since a general denial puts in issue the material allegations of the complai...
2018.3.12 Demurrer (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.12
Excerpt: ...e Court encourages a review of the theories of fraud in CACI Nos. 1900-1903. Plaintiff should label the claim by the appropriate theory. It appears to be alleging false promise. In order to plead a claim for false promise, the plaintiff must allege some facts which give rise to a reasonable inference that the defendant lacked intent to perform. The mere breach of a promise is not enough to establish promissory fraud (aka false promise). (Riverisl...
2018.3.12 Demurrer (3)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.12
Excerpt: ...y is held at a private place, plaintiff must also establish probable cause to believe that the property is in fact located at the private place. CCP §512.010(b)(4). A claim for possession has probable validity where it is “more likely than not” that the plaintiff will obtain a judgment against the defendant on the possession claim. See Code of Civil Procedure §511.090; People v. Superior Court (2002) 27 Cal.4 th 888, 919. To meet this stand...
2018.3.12 Demurrer 210
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.12
Excerpt: ...ntrue or misleading advertising.” In the First Amended Complaint (“FAC”), the unfair and/or unlawful conduct alleged by Plaintiffs as the basis of this cause of action was the claimed violations of the HBOR. The only difference in the SAC is that Plaintiff removed the citations to the Civil Code sections comprising the HBOR. However, the wrongful conduct Plaintiff alleges continues to be the conduct that (according to Plaintiffs' prior alle...
2018.3.12 Motion for Attorney Fees 590
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.3.12
Excerpt: ...tained without substitution of a personal representative after a party has died.” Sacks v. FSR Brokerage, Inc. (1992) 7 Cal. App. 4th 950, 957. Since a ruling on attorney's fees will be part of a judgment, the court is hesitant to move forward with the hearing as presently constituted. ...
2018.3.12 Motion to Strike Complaint 850
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.12
Excerpt: ...ppression, fraud, or malice. Here, Plaintiff alleges Defendants failed to pay it the funds owed per the lien; but Plaintiff fails to allege any facts supporting circumstances of malice, fraud, or oppression. See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166 (“The mere allegation an intentional tort was committed is not sufficient to warrant an award of punitive damages. [Citation] Not only must there be circumstances of oppression, f...
2018.3.12 Motion for Protective Order
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.12
Excerpt: ...ancial affairs. (Fortunato v. Sup.Ct. (Ingrassia) (2003) 114 Cal.App.4th 475, 480-481.) The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Williams v. Superior Court (2017) 3 Cal.5th 531, 552.) Defendants have done so here. (See Alpert Decl. at ¶ 11.) The requests at issue could thus resu...
2018.3.12 Motion to Compel
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.3.12
Excerpt: ...until 2/28 and not served until 3/2/18. As Defendant filed a reply addressing the merits, the Court has elected to consider the Opposition here. However, future failures to comply with the statutory filing and service requirements may prevent consideration of the submission. The Motion also reflects that the OCTA made sufficient efforts to meet and confer, in both letters and an in-person meeting. (Tam Decl. ¶ ¶4-9, Exs. E-K.) OCTA's Separate S...
2018.3.12 Motion to Compel Deposition 796
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.12
Excerpt: ... declaration stating that the moving party contacted the deponent to inquire about the nonappearance.” Code Civ. Proc. § 2025.450(b)(2). The record reflects that, on 11/2/17 (the same day Hayden answered and cross- complained), Plaintiff served a notice for the deposition of Defendant to take place on 11/13/17. Defendant's counsel emailed in response on 11/2/17, stating that he was unavailable on that date and asking Plaintiff to propose 4 or ...
2018.3.12 Motion to Quash Subpoena 621
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.3.12
Excerpt: ...S should withhold those documents. The Court is not persuaded by either argument. Most of the requests are so broad that the records sought will likely reveal the identity, diagnosis, prognosis, or treatment of a patient. Further, a “warning” that no private documents are sought is insufficient to protect the serious privacy interests involved here. Moreover, in the face of a serious privacy concern, discovery will not be ordered if the infor...
2018.3.12 Motion to Quash Subpoenas
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.12
Excerpt: ...r has withdrawn the subpoena. (See Opp. at p. 3.) Anaheim Capital Partners shall give notice. Motion to Quash Metropolitan Acoustics Subpoena House of Blues Anaheim Restaurant's motion to quash Delia Hauser's subpoena to Metropolitan Acoustics on September 11, 2017, is DENIED as moot. Hauser has withdrawn the subpoena. (See Opp. at p. 3.) House of Blues shall give notice. Motion to Quash Veneklasen Subpoena +3 Anaheim Capital Partners, Arcturus M...
2018.3.12 OSC Re Failure to Serve, Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.3.12
Excerpt: ...ded complaint within 14 days. 1st cause of action, equitable estoppel. The FAC fails to state facts sufficient to constitute this claim. “A stand-alone cause of action for equitable estoppel will not lie as a matter of law.” (Behnke v. State Farm General Ins. Co. (2011) 196 Cal.App.4th 1443, 1463; accord Money Store Investment Corp. v. Southern Cal. Bank (2002) 98 Cal.App.4th 722, 732.) 2nd cause of action, injunctive relief. The FAC fails to...
2018.3.1 Request for Judicial Notice 044
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.3.1
Excerpt: ...r the nature of any right to payment from Durst; specifically, whether Judgment Debtor is an employee of Durst, or if her payments are earnings, in which case the proper collections method is an earnings withholding order. (Ahart, et al., Rutter Group, Enforcing Judgments and Debts, Chapter 6D-3, Sections 6:396 and 6:573; Chapter 6G-5, Sections 6:1422.5 et seq. and 6:1430 et seq.; Chapter 6F- 2, Sections 6:1076, 6:1103 et seq.; CCP 706.020.) The ...

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