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564 Results
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2022.01.20 Motion for Attorney Fees 783
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.20
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.20
Excerpt: ...n award unjust, an attorney fee award should ordinarily include compensation for all of the hours reasonably spent, including those relating solely to the fee.” (Ibid.) However, “[a] fee request that appears unreasonably inflated is a special circumstance permitting the trial court to reduce the award or deny one altogether.” (Serrano v. Unruh (1982) 32 Cal.3d 621, 635.) Importantly, the matter of reasonableness of a party's attorney fees i...
2022.01.19 Motion to Vacate Default 972
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.19
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.19
Excerpt: ...order, or other Page 4 of 4 proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” In ruling on motions brought under the discretionary provision of section 473(b), the general policy favors granting relief and a trial on the merits. (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233.) When relief is sought promptly and there is no prejudice to the other side, even a weak showing will su...
2022.01.19 Motion to be Relieved as Counsel 411
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.19
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.19
Excerpt: ...can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgment. (Ramsden v. Western Union (1977) 71 Cal. App. 3d 873, 879.) Plaintiffs have not met their burden ‐ Motion for discovery of financial condition ‐ Denied Civil Code §3295(c) provides that “[n]o pretrial discovery by the plaintiff shall be permitted with respect to evidence” of the defendant's fina...
2022.01.18 Motion for Protective Order 721
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.18
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.18
Excerpt: ...g that “unless an Page 4 of 5 undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order is for…(a)Money or the payment of money….” Plaintiff argues he falls into a different category because the award here constitutes an award of costs (which include attorney's fees) and enforcement of a cost award only is stayed without the necessity of an undertaking...
2022.01.18 Demurrer 514
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.18
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.18
Excerpt: ... action against Demurring Defendant, Ricky Francis, an individual, and specifically alleges Ricky Francis caused the motor vehicle accident on February 20, 2019. “[D]emurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. [Citation.]” (Mahan v. Charles W. Chan Insurance Agency, Inc. (2017) 14 Cal.App.5th 841, 848, fn. 3.) “Even as against a special demu...
2022.01.13 Motion to Vacate Default 972
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.13
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.13
Excerpt: ...order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” In ruling on motions brought under the discretionary provision of section 473(b), the general policy favors granting relief and a trial on the merits. (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233.) When relief is sought promptly and there is no prejudice to the other side, even a weak showing will suffice. (Ibid...
2022.01.13 Motion to Permit Financial Discovery 411
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.13
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.13
Excerpt: ... it can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgment. (Ramsden v. Western Union (1977) 71 Cal. App. 3d 873, 879.) Plaintiffs have not met their burden ‐ Motion for discovery of financial condition ‐ Denied Civil Code §3295(c) provides that “[n]o pretrial discovery by the plaintiff shall be permitted with respect to evidence” of the defendant's ...
2022.01.13 Motion for Summary Judgment, Adjudication 794
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.13
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.13
Excerpt: ...on for summary judgment shall be granted when no triable issue of material fact exists or the issue is one of law and the action can be terminated in favor of the moving party without the necessity of trial. (CCP § 437c; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850). A defendant has met his or her burden under CCP §437c(p)(2) of showing a cause of action has no merit if that party has shown that one or more of the elements of th...
2022.01.13 Motion for Summary Judgment 903
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.13
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.13
Excerpt: ...of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (A...
2022.01.12 Demurrer 816
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.12
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.12
Excerpt: ...sustained. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under the general demurrer standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) ...
2022.01.10 Motion to Set Standard of Review and Briefing and Hearing Schedule 846
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.10
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.10
Excerpt: ...a public use.” (CCP §1240.010.) A public entity may exercise the power of eminent domain if: “(a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project.” (CCP §1240.030.) A public entity exercises the power of eminent domain by adop...
2022.01.05 Motion for Protective Order 764
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.05
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.05
Excerpt: ...93 Cal.App.3d 1553, 1560.) The jury typically will first determine the amount of the award, which “is then reviewed by the trial and appellate courts to ensure that it is reasonable.” (Pacific Mutual Life Ins. Co. v. Haslip (1991) 499 U.S. 1, 15 In BMW of North America v. Gore (1996) 517 U.S. 559, 563‐565, a consumer who had purchased a new vehicle but later learned it had been repainted obtained a jury verdict of $4,000 in compensatory dam...
2022.01.05 Motion for Leave to File Compulsory Cross Complaint 281
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.05
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.05
Excerpt: ...ainst whom a complaint has been filed and serve fails to allege in a cross‐complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any action assert against the plaintiff the related cause of action not pleaded.” “The compulsory cross‐complaint statute is designed to prevent ‘piecemeal litigation.' “ (Heshejin v. Rostami (2020) 54 C...
2022.01.05 Anti-SLAPP Motion to Strike 157
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.05
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.01.05
Excerpt: ...alia Defendants' RJN in support of their Special Motion to Strike filed on November 8, 2021; and (3) The Scalia Defendants' evidence in support of the Special Motion to Strike filed on November 8, 2021. The request also includes the following: “In its concurrently filed Special Motion to Strike, Sacor also incorporates by reference, all exhibits in the Scalia Defendants' Request for Judicial Notice and the Declarations of Joseph W. Scalia and J...