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5897 Results

Location: Orange County x
2020.07.06 Motion to Strike or Tax Costs 678
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Motion for Protective Order 750
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Demurrer, Motion to Strike 282
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Demurrer 775
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Demurrer 673
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Motion to Withdraw Deemed Admissions, Demurrer 612
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.02 Motion to Compel Responses 558
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2020.07.02
Excerpt: ...rty propounding the interrogatories may move for an order compelling response to the interrogatories.” On 8-26-19, Defendant/Cross-Complainant served Cross-Defendant (Brett Moore) with Defendant's “Texcaz Transborder Insurance Services, Inc.'s Special Interrogatories (Set One) to Brett Moore.” (12-12-19 Dixon Decl., ¶ 4 and Exhibit A.) Defendant/Cross-Complainant extended the time for Cross-Defendant's response to this discovery to 10-25-1...
2020.07.02 Motion for Summary Judgment 399
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.02
Excerpt: ...emaining against Defendant is the 1st cause of action for general negligence. The Court notes that Defendant appears mistaken in believing that the second cause of action for premises liability is still at issue. The Court also notes that the motion was served on 4/13/2020. As to the remaining cause of action, the elements of a negligence cause of action are: duty, breach, proximate or legal cause of injury to Plaintiff resulting from the breach,...
2020.07.02 Demurrer 633
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.07.02
Excerpt: ...rits since it appears unlikely that requiring the parties to meet and confer would resolve the issues raised in the demurrer. Page Limits: Cross-Complainant correctly objects that Cross-Defendants exceeded the 15- page limit for a supporting memorandum. (Cal. R. Ct. 3.1113(d).) Since the excess pages contain the conclusion and signature, the court will consider the entire memorandum in support. Judicial Notice: In support of their demurrer and mo...
2020.07.02 Motion for Attorneys' Fees
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2020.07.02
Excerpt: ..., for a total additional attorneys' fees award of $110,801.25. Plaintiff seeks $37,087.50 for the Knight Law Group, LLP, $23,655.00 for the Altman Law Group, and $13,125.00 for Wirtz Law APC. Plaintiff also seeks costs in the amount of $29,081.93. The court addresses Plaintiff's costs award in its concurrent order on Defendants FCA US LLC and McPeek's Dodge of Anaheim's motion to tax costs. For the following reasons, Plaintiff's second motion for...
2020.07.02 Motion for Leave to File Amended Complaint 866
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.02
Excerpt: ...arties, X Border Media USA, LLC (“X Boarder”) and Hong Hanh Le Dao (“Hanh Le”); 2. Since the inception of this litigation, cross-defendant, Vietface Media Group LLC (“VFMG, LLC”) has formed an additional subsidiary, S Channel, Inc. (“S Channel”), which ought to be included as a cross-defendant in this shareholders derivative suit; and 3. Ton seeks to add additional instances of breaches of fiduciaries duties to his existing claim ...
2020.07.02 Motion for Leave to File Amended Complaint 941
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2020.07.02
Excerpt: ... and is ordered off calendar. California courts allow great liberality at all stages of the proceeding in permitting the amendment of pleadings to resolve cases on their merits. IMO Development Corp. v. Dow Corning Corp. (1982) 135 Cal. App. 3d 451, 461. Plaintiffs are not changing the nature of this case, and their new allegations are based on the same nucleus of operative facts. The amendment would not result in any undue prejudice to defendant...
2020.07.02 Motion for Reconsideration 499
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2020.07.02
Excerpt: ...es: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. Code Civ. Proc. § 1008(a). A party seeking reconsideration also must provide a satisfactory explanation for the failure to produce the evidence at an earlier time. New York Times Co. v. Superior Court (2005) 135 Cal. App. 4th 206, 213. Separately, Code Civ. Proc. § ...
2020.07.02 Motion to Enforce Settlement 109
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.07.02
Excerpt: ...d written notice of this hearing to the Plaintiff/MP (see Register of Action #46), but where the Defendants/RPs have not appeared in the case, the notice of hearing should have been imparted to them by the moving party for purposes of this motion. (CCP § 1005.) In addition, the Motion should be served by something other than electronic service. (see Register of Action # 37). While “notices” under the apparent settlement agreement, can be giv...
2020.07.02 Motion for Summary Judgment, Adjudication 391
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2020.07.02
Excerpt: ...e case. Even if there was, Defendant showed a legitimate, nondiscriminatory reason for the termination. (UMF 1 to 26). DENIED. There were triable issues of Nos. 16, 21, 24 & 25. There is a factual dispute whether Plaintiff was terminated, because of poor performance or assisting wife due to her illness. Arguable, Defendants terminated Plaintiff as a result of “distraction.” Issue No. 2: The Second Cause of Action for Failure to Reasonably Acc...
2020.07.02 Motion for Terminating Sanctions 038
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.02
Excerpt: ...s an order granting issue and/or evidentiary sanctions, as follows: a. Issue sanctions ordering that it is established that Defendants have not suffered any lost profits or other damages; and/or b. Evidentiary sanctions precluding all evidence and testimony regarding Defendants' alleged lost profits and damages. (CCP§2023.030(b) and (c)). In the alternative, Plaintiff moves to compel further verified responses, without objection, to Plaintiff's ...
2020.07.02 Motion to Stay Action 031
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2020.07.02
Excerpt: ...avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction because of the nature of the subject matter, the availability of witnesses, or the stage to which the proceedings in the other court have already advanced.” (Farmland Irr. Co. v. Dopplmaier (1957) 48 Cal.2d 208, 215.) While there is overlap between this action...
2020.07.02 Motion to Stay Action 162
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2020.07.02
Excerpt: ...avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction because of the nature of the subject matter, the availability of witnesses, or the stage to which the proceedings in the other court have already advanced.” (Farmland Irr. Co. v. Dopplmaier (1957) 48 Cal.2d 208, 215.) While there is overlap between this action...
2020.07.02 Motion to Tax Costs 600
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.07.02
Excerpt: ... could, if necessary, produce additional evidence on appeal. Rule 8.278(d)(1)(C) of the California Rules of Court limits recovery of these costs to ”[t]he cost to produce additional evidence on appeal.” (Italics added.) Neither side cites controlling authority on this point and the court was unable to discover any on its own. However, the court reads this subsection to allow such costs only if additional documents were actually produced pursu...
2020.07.02 Motion to Unseal Confidential Report 506
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2020.07.02
Excerpt: ... unseal a “confidential report” filed in the underlying criminal case. This is NOT a motion to compel someone to produce a copy of that report, but merely a request to lift a seal. The precise nature or content of this report is unclear, but according to plaintiff is contains details of what Bassinne allegedly did to plaintiff. By process of elimination, this Court surmises that plaintiff must be referring to the presentencing psychosexual ev...
2020.07.02 Demurrer 185
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2020.07.02
Excerpt: ...defendant negates any essential element of a particular cause of action. (See Cantu v Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 880.) In ruling on a demurrer, the court accepts as true the facts alleged and inferences therefrom. (Sheehan v San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998; Thompson v Ioane (2017) 11 Cal.App.5th 1180, 1190; Cundiff v GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1405, 125.) However, the court need not assu...
2020.06.30 Motion to Compel Arbitration 307
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2020.06.30
Excerpt: ...e section 1281.2, states, in part, “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration...
2020.06.30 Demurrer, Motion to Strike 500
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.06.30
Excerpt: ...rt a cause of action for elder abuse against Defendant Carehouse Health Center (“Carehouse”). (See FAC, ¶¶ 11-13.) Specifically, the FAC fails to allege specific facts demonstrating ratification or authorization by Carehouse. As a statutory “cause of action,” elder abuse must be pleaded “with particularity.” (See Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790.) Second COA (Professional Negligence) and Fourth COA (W...
2020.06.30 Motion to Set Undertaking and Stay Execution 253
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2020.06.30
Excerpt: ...oney, whether consisting of a special fund or not, and whether payable by the appellant or another party to the action. . . . [¶] (b) The undertaking shall be on condition that if the judgment or order or any part of it is affirmed or the appeal is withdrawn or dismissed, the party ordered to pay shall pay the amount of the judgment or order, or the part of it as to which the judgment or order is affirmed, as entered after the receipt of the rem...
2020.1.06 Motion for Leave to File Amended Complaint
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.1.06
Excerpt: ...r Court (1989) 215 Cal. App. 3d 155, 158 (citation omitted).) Ordinarily, the court does not consider the validity of the proposed amended pleading in deciding whether to grant leave to amend. (Kittredge Sports Co. v. Superior Court (Marker, U.S.A.) (1989) 213 Cal. App. 3d 1045, 1048; Cal. Prac. Guide, Civil Procedure Before Trial (The Rutter Group) § 6:644.) It is preferable to permit the amendment and then attack its validity in a subsequent d...

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