Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

16237 Results

Location: Orange County x 
Array
(
)
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 15875,25
Array
(
)
2018.2.27 Motion to Quash 745
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ...tice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” Code of Civil Procedure section 1987.1, subdivision (b), allows a witness to bring a motion to quash. The subpoena seeks the employment records of FLC present or former employees David Medina, Robert Voss, Frank Leyva, Christo...
2018.2.27 Motion to Compel Further Responses 699
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.27
Excerpt: ...indicate what, if any, information is currently in Defendant's possession. (See Code Civ. Proc., §2030.300(a)(1).) Additionally, Defendant failed to support any of the objections asserted within the responses and it is unclear whether information has been withheld, on the basis of these objections. Notably, “if a timely motion to compel has been filed, the burden is on responding party to justify any objection.” (See Fairmont Ins. Co. v. Sup...
2018.2.27 Motion for Summary Judgment, Adjudication 473
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.27
Excerpt: ....App.4 th 1388, 1402). “Declaratory relief operates prospectively to declare future rights, rather than to redress past wrongs.” (See County of San Diego v. State (2008) 164 Cal.App.4 th 580, 607). “A declaratory judgment ‘serves to set controversies at rest before they lead to repudiation of obligations, invasion of rights or commission of wrongs; in short, the remedy is to be used in the interest of preventive justice, to declare rights...
2018.2.27 Motion for Leave to File Complaint 705
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ... well established that ‘California courts “have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others.” [Citation.] Indeed, “it is a rare case in which ‘a court will be justified in refusing a party leave to amend his [or her] pleading so that he [or she] may properly present hi...
2018.2.27 Motion for Discovery Sanctions 790
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.27
Excerpt: ...ugh the Opposition states Defendant is in full compliance with the 8-22-17 Minute Order such that this Motion is moot and or should be denied, it does not address counsel's failure to appear at the CMC. Plaintiff also presented evidence in the Reply that Defendant is not in full compliance with the 8-22-17 Minute Order as represented because the Responses included objections and Defendant was ordered to respond without any objections. Defendant a...
2018.2.27 Demurrer 982
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.27
Excerpt: ...tle Report (Exhibit 1) is DENIED. Plaintiff's request for judicial notice of copies of recorded title documents (Exhibits 2 and 3) is GRANTED pursuant to Evidence Code section 452(h). To the extent that Plaintiff has filed an unlimited civil lawsuit seeking partition of real property, it appears Plaintiff lacks standing to bring a partition action pursuant to Code of Civil Procedure section 872.210, subdivision (b). Plaintiff contends in the oppo...
2018.2.27 Demurrer 907
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ...rovencher (2002) 28 Cal.4th 274, 280-281.) Unless Cross-Complaints can establish at the hearing how they can plead a valid claim, the court will sustain the demurrer without leave to amend. (Hendy v. Losse (1991) 54 Cal.3d 723, 742. Cross-Defendants are to to give notice. ...
2018.2.27 Motion to Compel Responses, Request for Admissions 740
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.27
Excerpt: ...ure section 2033.250, subdivision (a), provides, in part, “Within 30 days after service of the requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .” Code of Civil Procedure section 2033.260, subdivision (a), explains, “The party requesting admissions and the responding party may a...
2018.2.26 Motion to Compel Compliance 955
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.2.26
Excerpt: ...n 30 days. Code Civ. Proc., § 2031.010(a) provides that “[a]ny party may obtain discovery … by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” Subsection (c) specifically states that “A party may demand that any other party produce and permit the party making the demand, or someone ...
2018.2.26 Motion for Protective Order 169
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.2.26
Excerpt: ...to each topic (Similar to Form Interrogatory No. 17.1). Plaintiff did not repeat the topics, but used the same format. Code Civ. Proc., § 2030.090 (b) requires a showing of good cause, which has not been shown. Code Civ. Proc., § 2030.090 (a) requires that the protective order motion must be made promptly. Plaintiff propounded the Special Interrogatories (Set Two) on 12/7/17. Defendant did not act promptly, because it waited until 1/9/18 to fil...
2018.2.26 Motion for Summary Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.2.26
Excerpt: ...(See 2/22/18 minute order.) The FAC “supersedes all prior complaints,” which “cease[] to have any effect either as a pleading or as a basis for judgment.” (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130-1131.) Thus, “the filing of an amended complaint moots a motion directed to a prior complaint.” (Id. at p. 1131.) The court declines defendant's request (made at the 2/22/18 hearing and now preserved f...
2018.2.26 Motion for Summary Judgment, Adjudication 195
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.2.26
Excerpt: ...dence that (1) there is a valid guaranty, (2) the borrower has defaulted, and (3) the guarantor failed to perform under the guaranty.” Gray1 CPB, LLC v. Kolokotronis (2011) 202 Cal.App.4th 480, 486. Plaintiff has met its initial burden of showing (1) a valid guaranty between Plaintiff and defendant Scott Krelle, (2) the default of the borrower, defendant Advantage Mortgage, and (3) that Krelle has failed to perform under the guaranty despite Pl...
2018.2.26 Motion for Summary Judgment, Adjudication 446
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.2.26
Excerpt: ... Nader Nagy, Magda Giwargi did not have standing to sue for alleged violation of Beter Nashed's constitutional rights (Second Cause of Action): Both Plaintiffs filed an affidavit under CCP 377.32. Therefore, they are permitted to pursue this claim supported as successors-in-interest. They are not making claims as individuals. Plaintiff Nader Nagy sued as the successor in interest of decedent, Beter Nashed. (SAC, page 1, line 26- page 2, line 2). ...
2018.2.26 Motion for Summary Judgment, Adjudication 561
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.2.26
Excerpt: ...t conduct and the resulting injury; and (4) actual loss or damage resulting from the professional negligence. Galvez v. Frields, 88 Cal. App. 4 th 1410, 1420 (2001). In a medical malpractice action, the evidence must be sufficient to allow the jury to infer that in the absence of the defendant's negligence, there was a reasonable medical probability the plaintiff would have obtained a better result. Alef v. Alta Bates Hospital, 5 Cal.App.4th 208,...
2018.2.26 Motion to Bifurcate Trial
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.2.26
Excerpt: ...10 days after service of notice of this ruling. The request for sanctions is also GRANTED, as LAFMC has evidently ignored a valid subpoena and has failed to provide any explanation for such conduct in response to this motion. Sanctions are thus imposed against LAFMC under C.C.P. § 2023.030(a) in the amount of $1,260.00, to be paid to Defendants, through their counsel of record, within 20 days after service of notice of this ruling. Defendants ar...
2018.2.26 Motion to Quash Service of Summons 587
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.2.26
Excerpt: ...ercise power over that party. See Hensa v. Denckla (1958) 357 U.S. 235, 251. Personal jurisdiction may be general or specific. A nonresident defendant may be subject to specific jurisdiction if: (1) the defendant has purposefully availed himself or herself of forum benefits, and (2) the controversy is related to or arises out of the defendant's contacts with the forum. See Vons Companies Inc., supra, 14 Cal. 4 th 434 at 446, citing Burger King Co...
2018.2.26 Motion to Compel Deposition 738
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.2.26
Excerpt: ...her litigants and attorneys. Petrosyan v Prince Corp. (2013) 223 CA4th 587, 594, 167 CR3d 141 (self-represented litigants are entitled to same treatment as represented parties); See CRC 1.6(15), which defines “parties” as including both self-represented persons and persons represented by an attorney of record without making any distinction between them). In addition, Plaintiff is admonished to comply with CCP § 1005 with regard to service. P...
2018.2.26 Motion to Compel Production of Docs
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.2.26
Excerpt: ...17/17. Despite a robust meet and confer effort, neither party sought judicial intervention. On 06/12/17, plaintiff caused to be served upon Oracle a second subpoena. This new subpoena sought only five categories of documents. The new subpoena carried over categories 3, 4, 5, 6, and 13 from the earlier subpoena. Oracle once again objected to the subpoena on burden grounds (citing Calcor, which will be discuss infra). During the meet and confer eff...
2018.2.26 Motion to Consolidate
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.2.26
Excerpt: ...c]ontain the captions of all the cases sought to be consolidated” in their notice of motion. (Cal. Rules of Court, rule 3.350(a)(1)(B).) Finally, plaintiffs failed to file this motion in any to-be-consolidated case, along with a proof of service on the defendants in any such case. (Cal. Rules of Court, rule 3.350(a)(2)(B), (C).) Plaintiffs shall give notice. ...
2018.2.26 Motion to Disqualify Attorney 201
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.2.26
Excerpt: ...imely and submits new evidence. Cross-Defendants may file and serve a supplemental response, no longer than 5 pages, to the new evidence no later than March 22, 2018. Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538. Abdoun and cross-defendant Sabrina Beg are ordered to appear at the hearing to present oral testimony regarding their relationship, if any. Cross-Defendants to give notice. Case Management Conference ...
2018.2.26 Motions to Strike, Tax Costs
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.2.26
Excerpt: ...s never received? A 998 offer does not have to have a proof of service attached to it to be valid (see Berg v. Darden (2004) 120 Cal.App.4 th 721-732-33), but it must be “made” as an offer, and must be “served” (CCP §998(b), (c)). Here, the person who prepared the proof of service of the offer, did not actually serve the document. According to the proof of service, she merely gave the document to someone else to serve. That does not prov...
2018.2.26 Petition to Compel Arbitration 169
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.2.26
Excerpt: ...ation agreement. This includes the burden of demonstrating that a resident's purported agent had the authority to sign the arbitration agreement on behalf of the resident where, as here, it has been signed by such an agent, specifically, Decedent's son, Plaintiff Jeff Doyle (“Doyle”). (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1130, fn. 6.) On 3/10/16, Doyle signed the Residence and Care Agreement, including Section I.3., an ar...
2018.2.26 Request for Judicial Notice
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.2.26
Excerpt: ...state Services, Inc. (2006) 138 Cal.App.4th 1215, 1219- 20; WA Southwest 2, LLC v. First American Title Insurance Company (2015) 240 Cal.App.4th 148, 151.) Facts appearing in the exhibits take precedence over contrary allegations about them, in the pleading. (See Sarale v. Pacific Gas & Elec. Co. (2010) 189 Cal.App.4th 225, 245.) Demurrers to the 1 st through 5 th causes of action in the First Amended Complaint are SUSTAINED with leave to amend. ...
2018.2.26 Request for Judicial Notice, Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.2.26
Excerpt: ...laintiff is granted 15 days leave to amend. The demurrers to the 4 th, 5 th, 6 th, and 7 th, causes of action are OVERRULED. As to the 1 st [Breach of Implied Contract] and 2 nd [Intentional Interference with Existing Contractual Relations] causes of action, no legally cognizable implied contract has been alleged. Exhibit A to the First Amended Complaint, the Offer Decision Form, expressly states it is not a contract and that employment is at wil...
2018.2.26 Motion for Leave to File Complaint 597
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.2.26
Excerpt: ... San Diego (2010) 184 Cal.App.4th 1422, 1428. Defendant opposes leave on the ground that amendment would be futile because this was a “garden- variety fender bender” and his conduct was not “despicable.” Not surprisingly, Plaintiffs characterize the collision and Defendant's conduct differently. Under the well-settled policy favoring amendment, Plaintiffs shall be given an opportunity to file an amended complaint. Plaintiffs are ordered t...

16237 Results

Per page

Pages