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9941 Results

Location: Orange County x
2022.05.23 Motions to Compel Further Responses 242
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.05.23
Excerpt: ...ENIES the motion as to Pogue's Special Rogs in its entirety. The Court DENIES the motions as to the Corporate Entity Defendants' Special Rogs, Nos. 6-17, 126, 129-130, 132-136 and 162-202. The Court GRANTS the motions as to the Corporate Entity Defendants' Special Rogs, Nos. 21-65 and 67-125. The Court DENIES both parties' requests for sanctions. A. Jurisdiction A party moving to compel further discovery responses must file and serve the motion ...
2022.05.23 Demurrer, Motion to Strike 898
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.05.23
Excerpt: ...ffs file an Amended Complaint that includes the referenced exhibits, so that everything is contained in one document. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached to and incorporated therein) or from matters outside the pleading...
2022.05.23 Motion to Strike 590
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.23
Excerpt: ... DENIED. On January 3, 2022, the Court entered “Judgment in Favor of All Defendants” (“Judgment”). On January 5, 2021, Defendants served Plaintiff with a Notice of Entry of Judgment. (Orland Decl., ¶ 3, Ex. A.) In this motion, Plaintiff asks the Court to either strike Section 3 in its entirety from the Judgment, or in the alternative, strike the last sentence which states: “Crown Valley Holdings, LLC, Westport Capital Partners, LLC, WC...
2022.05.23 Demurrer 153
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.23
Excerpt: ... v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459. Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provides, “This rule of liberal construction m...
2022.05.23 Demurrer 283
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.23
Excerpt: ... on “information and belief” are improper, where a Complaint fails to allege “such information that lead[s] [the plaintiff] to believe that the allegations are true.” Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 551, fn. 5; See also Pridonoff v. Balokovich (1951) 36 Cal.2d 788, 792. To meet the above standard, the Amended Cross-Complaint adds the allegations, “individual GUTCHEON was the sole person to perform work for KOASTAL on D...
2022.05.23 Demurrer, Motion to Strike 189
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2022.05.23
Excerpt: ... a prayer for $10,000,000.00 in compensatory damages, and a cause of action for Elder Abuse against all Defendants. Also before the Court is a Demurrer to the Second Amended Complaint (SAC) by Defendant Severson Plumbing Services, Inc. (“Severson”), a Motion to Strike by Severson, and a Motion to Strike by Defendants Aliso Villas Condominium Association (“Aliso Villas”) and Total Property Management, Inc. (“TPM”). Plaintiff's Motion f...
2022.05.23 Demurrer, Motion to Strike 591
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.05.23
Excerpt: ...of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459. Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Go...
2022.05.23 Motion for Attorney Fees 047
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2022.05.23
Excerpt: ...The Court finds that based on the evidence presented, a reasonably hourly rate for the services performed by Plaintiff's attorneys is $400 an hour. Number of Hours Billed. Plaintiff presents evidence that his attorneys at Neale & Fhima, LLP reasonably expended approximately 98.7 hours prosecuting this case (including the time on the Motion), anticipates spending an additional 4 hours to review the Opposition and prepare a Reply, and anticipates s...
2022.05.23 Motion for Attorney Fees 423
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.05.23
Excerpt: ...he ground that he prevailed on Plaintiffs' claim against him for breach of contract. For the reasons set forth below, the Court GRANTS the motion in part, but awards far, far less than the exorbitant amount requested by Defendant. As an initial matter, Defendant asks the Court to take judicial notice of its Final Statement of Decision, Judgment, the Memoranda of Costs, and the First Amended Complaint – all of which are documents filed in this c...
2022.05.23 Motion for Leave to Amend 081
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.05.23
Excerpt: ...nswer or demurrer. Code Civ. Proc. § 473(a) (1). The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. Code of Civ. Proc. § 473(a) (1). Additionally, any judge, at any time before or after commencement of trial, in the furtherance of...
2022.05.23 Motion for Leave to Amend Answer 049
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2022.05.23
Excerpt: ...).) “The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.” (Code Civ. Proc. § 473(a)(1).) Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be pr...
2022.05.23 Motion for Summary Judgment, Adjudication 326
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.05.23
Excerpt: ... is DENIED. As an initial matter, the Court declines to consider the District's response to Plaintiff's separate statement. No such response is permitted under the Code of Civil Procedure or the California Rules of Court. (Code Civ. Proc., § 437c; Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) Applicable Law In both summary judgment and summary adjudication proceedings, the pleadings determine the scope of the relevant issues. ...
2022.05.20 Motion for Determination of Good Faith Settlement, to Seal 095
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.20
Excerpt: ...rado Properties Inc., Hotelcrafters LA LLC, Hotelcrafters Palo Alto LLC, Hotelcrafters Laguna LLC, Hotelcrafters Hollywood LLC, Hotelcrafters Lido LLC, Beverage- Crafters LLC (“Ferrado Defendants”) is granted. The Court finds that the Ferrado Defendants have presented sufficient evidence to support a finding that the Settlement entered into between the Ferrado Defendants, on one hand, and Plaintiffs Rodney Reichelt, Carol Reichelt, Scott Blak...
2022.05.20 Demurrer 198
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2022.05.20
Excerpt: ...t have standing to enforce the judgment as evidenced by a number of declarations and other records that were purportedly filed in the underlying action, and that WestLB is the current and only judgment creditor with standing to enforce the judgment. (Id. at pp. 4, 7-9.) All of these arguments fail in the first instance. As an initial matter, a demurrer only tests the sufficiency of a complaint. “A demurrer tests the pleadings alone and not the ...
2022.05.20 Demurrer 723
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.05.20
Excerpt: ... a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) A demurrer for uncertainty should be overruled if the facts...
2022.05.20 Motion for Change of Venue 797
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.20
Excerpt: ...ontract at issue was entered into. In its opposition papers, plaintiff explains that it made this assertion because plaintiff was the last party to sign the release, and that it did so in Orange County. Plaintiff cites Braunstein v. Superior Court (1964) 225 Cal. App. 2d 691, 696, in which the court held that the place of making a contract is the place where the last act necessary for its validity was done. Defendant responds that venue is proper...
2022.05.20 Motion for Determination of Good Faith Settlement 117
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.20
Excerpt: ... LLC, Ferrado Properties Inc., Hotelcrafters LA LLC, Hotelcrafters Palo Alto LLC, Hotelcrafters Laguna LLC, Hotelcrafters Hollywood LLC, Hotelcrafters Lido LLC, Beverage- Crafters LLC (“Ferrado Defendants”) is granted. The Court finds that the Ferrado Defendants have presented sufficient evidence to support a finding that the Settlement entered into between the Ferrado Defendants, on one hand, and Plaintiffs William Watzman and Sandy Watzman,...
2022.05.20 Motion to Strike or Tax Costs 837
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2022.05.20
Excerpt: ... the expert fees from the claimed $13,159.08 down to $10,814.13, as agreed to by ATPA (see Hall Decl. ¶ 6, Ex. 5; Opp. at p. 2, fn. 1). $105.35 – This amount reflects the reduction of what appear to be excessive e-filing costs totaling $175 ($25 each) claimed on 7/16/19, 10/9/19, 10/25/19, 3/5/21, 4/26/21, 5/12/21 and 7/9/21, down to the more reasonable amount $9.95 each. $1,535.25 – This amount reflects those costs claimed for certain unspe...
2022.05.20 Motion for Preliminary Approval of Class Action Settlement 166
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.05.20
Excerpt: ...ged since the settlement was valued. Specifically, he notes that at the end of 2021, Defendant reclassified a number of job titles from exempt to non-exempt. As a result, “the 15% increase in number of employees did not fairly represent the change in overall class size.” (2 nd Supp. Moon Decl. ¶ 3(a).) This explanation creates several new problems the Court does not believe can be cured with further briefing or with minor tweaks to the settl...
2022.05.20 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2022.05.20
Excerpt: ...ield Co. (2001) 25 Cal.4th 826, 851 [burden]; see also 1/21/22 SSUF #28-46 [contract], 47 [performance], 86 & 107 [breach], 116 [damages].) But defendant Powernet Inc. met its shifted burden to show triable issues of material fact. (See Aguilar, supra, 25 Cal.4th at p. 851 [burden]; see e.g. 5/6/21 Opp. SSUF at responses to #17, 21-22, 25, 28, 46, 51, 56, 90, & 100.) Issue #2, Cross-complaint. Cross-defendants Greg Debenon and Lisa Debenon fail t...
2022.05.20 Motion to Compel Production of Docs 846
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2022.05.20
Excerpt: ...uments are not disclosed. (Rutter Group, Civil Procedure Before Trial, Sections 8:1495.3 and 8:1495.6.) Once a showing of good cause is met, it is then the responding party's burden to justify the objections asserted. (Rutter Group, Civil Procedure Before Trial, Section 8:1496, citing Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) MP's initial burden of good cause must be supported by admissible evidence, such as declarations. (Calcor ...
2022.05.20 Motion to Prohibit Discovery of Privileged Docs 722
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.20
Excerpt: ...hat all of the requested documents are privileged, or that she inspected all of the potentially responsive documents to establish they are all privileged, and thus Peck has not established good cause for the protective order she seeks. Snell and Grad's opposition request for sanctions is granted against Judith Peck in the amount of $6,750, payable within 30 days. Peck's motion lacks substantial justification, and no other circumstances make the i...
2022.05.20 Motion to Seal 608
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.20
Excerpt: ...dant's Motion to Seal Certain Portions of Plaintiff Heritage Fields El Toro, LLC's Oppositions to AIG Specialty's Motions in Limine is granted as to plaintiff's Opposition to Motion in Limine #5 and 6, but is denied as to plaintiff's Opposition to Motion in Limine #2. Contrary to the assertion in defendant's Notice of Motion, pages 17-19 of Exhibit 1 to the Declaration of Jeffery A. Kiburtz in Support of Heritage Fields' Opposition to AIG Special...
2022.05.20 Motion to Set Aside or Vacate Default, Judgment 760
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2022.05.20
Excerpt: ...nths of entry of default and notice of entry of judgment, so the motion for relief under section 473.5 is timely. Relief Under CCP § 473(b). CCP § 473(b) provides, in pertinent part: “[Discretionary relief provision.] “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surpri...
2022.05.19 Motion to Strike or Tax Costs 133
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...eding. (Code of Civil Procedure Section 1032(b).)  Code of Civil Procedure Section 1033.5 sets forth the items that are allowable as costs.  Items not mentioned in section 1033.5 may be allowed or denied in the court's discretion.  Additionally, Code of Civil Procedure section 1033.5(c) states that allowable costs shall be reasonable in amount and “reasonably necessary to the conduct of the litigation rather than merely convenient or be...

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