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

15254 Results

Location: Orange County x
2024.03.19 Motion to Set Aside or Vacate Default, Judgment 815
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.19
Excerpt: ...accept service if the process server identifies himself, tells the person they are being served, and leaves the papers as close as possible to the person. (Trujillo v. Trujillo (1945) 71 CA2d 257, 260.) Here, Tuttle announced that he was serving Defendant and left the papers on Defendant's front doorstep. Thus, Tuttle's service complied with the statutory requirements. The Court CONTINUES the Motion to allow Defendant an opportunity to submit ev...
2024.03.19 Motion for Summary Judgment, Adjudication 797
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.19
Excerpt: ...#39;s breach, and (4) the resulting damages to the plaintiff.” (D'Arrigo Bros. of Calif ornia v. United Farmworkers of America (2014) 224 Cal.App.4th 790, 800.) As to the First Cause of Action, Plaintiff has demonstrated (1) the existence of the Loan Agreement with Media Graphix, (2) Plaintiff's performance, (3) Media Graphix breach of the L oan Agreement, and (4) resulting damages in the amount of $364,874.72. (Undisputed Facts 1, 5, 6, 10...
2024.03.19 Motion to Compel Physical and Mental Exam 824
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.03.19
Excerpt: ...urt if good cause is shown. (See Shapira v. Superior Court (1990) 224 Cal.App .3d 12491256.) Plaintiff objects to the examination because Plaintiff has already agreed to an examination by Defendant's orthopedic expert on 3/27/24 and a remote mental examination on 3/18/24. Plaintiff also contends the examination must be conducted within 75 miles of Plaintiff's residence, which is in North Carolina. Defendant has shown good cause for its scar revis...
2024.03.18 Demurrer, Motion to Strike 772
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.18
Excerpt: ...y Patrol. 181 Cal. App. 4th 856, 868 (2010) (c itation omitted). Defendant Kenneally contends that the Complaint does not allege that he disclosed facts to the public, but rather that he only disclosed them to Defendant Ladd. Kenneally also contends that the facts disclosed were not private facts since the information was found in records that can be obtained by members of the public pursuant to Govt. Code § 6254. In opposition, Plaintiff conten...
2024.03.18 Application for Right to Attach Order, Writ of Attachment 329
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.18
Excerpt: ...Defendant Smith Investment Group, LLC. (¶4 of Yun Declaration and E xhibit 2 thereto.) The Commercial Guarantee is a written contract which provides that “Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower [Smith Investment Group, LLC] to Lender [F irst Bank].” (Id.) Based on the above, the relevant claim is a “claim for money based on a contract,” as required. C...
2024.03.18 Demurrer 116
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.18
Excerpt: ...f action. Plaintiff sues Defendants for (1) actual fraud, (2) fraud in the inducement, (3) breach of contract, (4) breach of the implied covenant of good faith and fair dealing, (5) breach of implied in fact contract, (6) work, labor, and services rendered, (7) recovery of stolen property received pursuant to Penal Code § 496, (8) intentional interference with contractual relations, (9) intentional interference with prospective economic relation...
2024.03.18 Demurrer to FAC 646
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.18
Excerpt: ...toppel; and (2) Plaintiff failed to exhaust administrative remedies. (Defense Supplemental Brief: 2:17 -21.) While Defendant does not include an additional request for judicial notice, which addresses the resolution of this appeal, a copy of the relevant opinion is attached to a Notice of Ruling which was filed by Defendant on Augus t 15, 2023. (ROA No. 147.) The Court takes judicial notice of this opinion, pursuant to Evidence Code section 452,...
2024.03.18 Demurrer to SAC 520
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.18
Excerpt: ...in connection with a Motion for Summary Judgment (¶23, ¶24, ¶28, ¶30, ¶31, ¶32, ¶34, ¶35, ¶39, ¶40, ¶41, ¶43, ¶44- ¶83, ¶85-¶97 and ¶99 -¶103 of SAC) and Declarations filed in support of Plaintiff's Ex Parte Application for a TRO. (¶30, ¶31, ¶32, ¶33 and ¶36 of SAC.) As a demurrer assumes the truth of factual allegations (Blank v. Kirwan ( 1985) 39 Cal.3d 311, 318), Plaintiffs' intention in offering these citations is uncl...
2024.03.18 Demurrer 642
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.18
Excerpt: ... (which includes exhibits attached and incorporated therein) or from matters outside t he pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (L...
2024.03.18 Demurrer, Motion to Strike 992
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.18
Excerpt: ...a. 42 and Para. 3 of the Prayer. I. DEMURRER 1st cause of action: Gender/Pregnancy Dis crimination (vs. EWL) A prima facie case for a discrimination requires a showing by the plaintiff of the following elements: (1) that he or she was a member of a protected class; (2) that he or she was qualified for the position he or she sought or that he or she was performing competently in the position he or she held; (3) that he or she suffered an adverse ...
2024.03.18 Motion to Compel Arbitration 379
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.18
Excerpt: ...th Edon who is a “Manager, HR Operations” for ELEVANCE “(f/k/ a Anthem, Inc.)” who attests as follows: --In her role as Manager, HR Operations, she is responsible for managing technology processes for all new hire activities from the verbal and written offer through their start date; --Throughout he employment and i ncluding 2022 to the present, ELEVANCE has utilized an online applicant tracking system called “Taleo” to facilitate emp...
2024.03.18 Motion to Compel Physical, Mental Exam, to Strike or Seal, for Sanctions 089
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.03.18
Excerpt: ... treat a motion by the nature of the relief sought rather than the title given. (See Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193.) In addition, when the Court continued the trial date on 1/17/24, it stated in its order, “[t]he Court does NOT extend any discovery or motion deadlines other than deadlines associated with the motion to compel independent medical examination.” (ROA 400.) Based on this, Plaintiff's argume...
2024.03.18 Motion to Compel Production 893
Location: Orange County
Judge: De La Cruz, Andre
Hearing Date: 2024.03.18
Excerpt: ...mjula”) and non -party Tulsan Partners LLC (“Tulsan”), and compelling third- party witness, Ump qua Bank to comply with Strategic's deposition subpoena for production of business records, issued November 3, 2023. The Motion to Compel is DENIED except as to Request Nos. 9 and 13. Plaintiff Strategic and Cross -Defendants, Farshad Hashemi aka Sean Hashemi and Jeanette Hashemi (collectively, the “Sellers”) were the sellers of the assets an...
2024.03.18 Motion to Compel Responses, for Sanctions 253
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2024.03.18
Excerpt: ... by Plaintiff Yenely Lopez are MOOT in part and GRANTED in part. (1) Plai ntiff seeks an order from the Court compelling Defendant Home Express Delivery Service, LLC to provide further responses to Form Interrogatories -General, Set One. Additionally, Plaintiff seeks monetary sanctions against Defendant and its attorneys of reco rd, Shannon Finley, esq., Greg Feldman, Esq. and PETTIT KOHN jointly and severally in the sum of $2,060.00. (ROA No. 47...
2024.03.18 Motion to Set Aside Dismissal 963
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2024.03.18
Excerpt: ...istake, inadvertence, surprise, or excusable neglect. Application for this r elief…shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken…Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's swor...
2024.03.15 Motion to Transfer Action 902
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.15
Excerpt: ...r any applicable statute. (Crestwood Behavioral Health, Inc. v. Superior Court (2021) 60 Cal.App.5th 1069, 1075.) “Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court (1984) 37 Cal.3d 477, 482; Malloy v. Superior Court (2022) 83 Cal.App.5th 543, 553.) Code of Civil Procedure section 395, subdivision (a) sets forth the general venue rule. It states in relevant part: “E...
2024.03.15 Motion to Quash 109
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.15
Excerpt: ...notice of continuance of Plaintiff's deposition; (6) notice of taking Plaintiff's deposition off calendar ; (7) proposed order granting motion to compel further responses to demands for inspection of documents; (8) proposed order granting motion to compel further responses to form interrogatories; (9) proposed order granting motion to compel further responses to special interrogatories; (10) statement of special interrogatories; (11) statement of...
2024.03.15 Motion to Disqualify Counsel 195
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.03.15
Excerpt: ...ave standing to bring this motion, let a lone adequate grounds for disqualification of plaintiff's counsel as class counsel in this action. Standing generally requires that the party be able to allege an invasion of a legally protected interest. Great Lakes Construction, Inc. v. Burman (2010) 1 86 Cal. App. 4th 1347, 1356. Generally, before the disqualification of an attorney is proper, the complaining party must have or have had an attorney -c...
2024.03.15 Motion to Compel Responses, for Monetary Sanctions 179
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.15
Excerpt: ...d on Defendant Beverly Mitchell; Request for Monetary Sanctions Against Beverly Mitchell in the Amount of $1,560.00 ROA 832 3. Plaintiff Zenith Insurance Company's Notice of Motion and Motion to Compel Responses to Requests for Productions, Set One Propounded on Defendant Beverly Mitchell; Request for Monetary Sanctions A gainst Def endant Beverly Mitchell in the Amount of $1,560.00 ROA 833 Zenith Insurance Company has filed three motions co...
2024.03.15 Motion to Compel Responses 899
Location: Orange County
Judge: McConville, Thomas S
Hearing Date: 2024.03.15
Excerpt: ... responses were provided on 03 -08- 23. (Mem. at 3.) Accordingly , as Defendant Home Depot points out, Plaintiff has relied upon the incorrect statutory provision (CCP § 2030.290), as what this motion actually seeks is to compel further responses pursuant to CCP § 2030.300. Plaintiff failed to comply with the statutor y requirements for seeking further responses. Motion related to Special Interrogatories Plaintiff's Motion to Compel The Home De...
2024.03.15 Motion to Compel Further Responses
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.03.15
Excerpt: ...ogatory No. 12.1 and Special Interrogatory No. 18 are evasive and incomplete. Code of Civil Procedure section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits. ( Code Civ. Proc., § 2030.220(a).) GM, who failed to respond to these motions regarding interrogatories, failed to meet its burden to justify the obj...
2024.03.15 Motion to Compel Arbitration 510
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.03.15
Excerpt: ...fendant's motion to stay proceedings pending the outcome of the arbitration of plaintiff Piplack's individual PAGA claim. Defendant's Objections to the Robinson Declaration are sustained as to #6, and overruled as to #1 - 5 and 7- 11. Defendant's Objections to the Sherrod Declaration are sustained as to #1 -3, and o verruled as to #4. Defendant's Request for Judicial Notice is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466...
2024.03.15 Motion to Amend Judgment
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2024.03.15
Excerpt: ...e is also a judgment against the general partner.” (Corp. Code, § 15904.05, subd. (b); accord Wyo. Stat. Ann. § 17 -21 -307, subd. (c).) Even “[w]here a judgment has been obtained against both the partnership and a general partner, the judgment creditor may not levy against the general partner's assets based on a claim against the partnership unless the general partner is personally liable for the claim” and at least one of several speci�...
2024.03.15 Motion for Summary Adjudication
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.03.15
Excerpt: ...RA cap for non -economic damages;” and (2) “ Defendant, FIRST LIGHT RECOVERY, LLC (First Light) is not a health care provider, contrary to what is asserted by the First Light in their Eleventh Affirmative Defense in their Answer to Plaintiff's First Amended Complaint, thus, First Light would not be s hielded by the $250,000 MICRA cap for non -economic damages”. (Not. of Motion, p. 2, lines 7 -16, emphasis added.) Defendant argues that the i...
2024.03.15 Motion for Preliminary Approval of Class Action Settlement 609
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.03.15
Excerpt: ...so should provide a red -lined version of any revised papers, inc luding the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declarati on or brief that simply asserts the issues have been resolved. The moving papers do not include a copy of the letter that was se...

15254 Results

Per page

Pages