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11404 Results

Location: Orange County x
2023.02.02 Motion to Set Aside Dismissal 599
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.02
Excerpt: ...ve from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or procee...
2023.02.02 Motion to Quash Subpoena
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.02.02
Excerpt: ...e Court will exercise its discretion and consider the untimely opposition. Under C.C.P. § 1987.1(a), in response to a motion to quash subpoena, the court 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. Defendant argues that the materials at issue are irrelevant, overbroad and improperly seek to invade her financ...
2023.02.02 Motion to Compel Further Responses 895
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.02.02
Excerpt: ...espondent Fernando Vergel Dedios' further verified responses to special interrogatories is also denied as moot. It appears from Petitioner's notice of Non-Opposition that adequate further responses were served to all of the interrogatories at issue on 11/16/22. (ROA 33, at 3:15-17.) As a result, the motions are moot, except for the issue of sanctions, which is discussed below in connection with all three discovery motions. (1) MOTION TO COMPEL FU...
2023.02.02 Motion to Change Venue 770
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.02
Excerpt: ...oper in Orange County as they do not reside or maintain offices in Orange County and reside and do business in Riverside County, and that the acts alleged were either done in furtherance of litigation in the underlying case of Henry v. Cats, Orange County Superior Court, case no. 07CC07970 (the “CATS lawsuit”), and are privileged under Civil Code section 47(b)(2), or occurred in Florida. Plaintiff, Joseph Dawson (“Plaintiff” or “Dawson...
2023.02.02 Motion to be Relieved as Counsel 762
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.02
Excerpt: ...neros seeks to be relieved as counsel of record for Elite as in or about February 2022, Alex X. Solorio, the Chief Executive Officer of Elite, contacted him and notified him that Elite was “going out of business” and “closing its doors,” and that “all legal matters being handled by [him] and The Myers Law Group needed to be wrapped up and closed out.” (Attachment 2 to Declaration of Ivan U. Cisneros, ¶ 2.) Attorney Cisneros states, ...
2023.02.02 Motion for Terminating Sanctions 676
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.02
Excerpt: ...ourt's ruling on the City's motion to compel answers to the second set of form and special interrogatories, motion to compel production of documents, and motion to deem facts admitted. Defendant also asserts that Plaintiff has failed to obey the Court's Order dated October 20, 2022, ordering Plaintiff to serve the still outstanding discovery within 20 days, and granting the City's request for monetary sanctions against Plaintiff in the amount of ...
2023.02.02 Motion for Attorney Fees, to Set Aside Attorney Fee, for Preliminary Injunction
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.02.02
Excerpt: ...§ 128.5 and the Client Agreement (“Agreement”) that parties entered into for COCO to collect any judgment awarded in this action. (ROA #269.) The court found Plaintiffs had filed three ex parte applications and two combined noticed motions that required COCO to oppose. (Id.) The court awarded $5,123 in attorney fees and costs associated with those oppositions. Since the 04/12/22 ruling, Plaintiffs have filed a combined 11 motions and ex part...
2023.02.02 Demurrer, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2023.02.02
Excerpt: ...bits A through E, F and I and DENIED as to Exhibit J. Plaintiff's objections to Bean's RJN are DENIED as to Exhibits A through E, F and I and GRANTED as to Exhibit J. JBT's RJN of Exhibits A through D is GRANTED. Plaintiff's objections to JBT's RJN are DENIED as to Exhibits A through D. The court takes notice of the existence of the court records but not the truth of the matters therein. (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal...
2023.02.02 Demurrer to FACC 929
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.02.02
Excerpt: ...erts that the mother has a gambling addiction, and the property transfers were an effort to avoid creditors. The son brings his cross-complaint primarily as a derivative action on behalf of the family corporation against his parents. He owns 30 percent of the corporation, and the parents own a combined 70 percent. It is alleged that the impetus for this action is that the transfer of one property apparently triggered a due-on-sale clause from the...
2023.02.02 Demurrer 706
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.02.02
Excerpt: ...ntanyl was given to the decedent and his ultimate death. Statute of Limitations The defendant first argues the survival cause of action is time-barred by Code of Civil Procedure sections 335.1 and 366.1. A review of the original Complaint shows the action was brought (in part) on behalf of the Estate, and that it pled a survival cause of action. The defendant concedes that as of the filing of the Complaint the statute of limitations had not yet e...
2023.02.02 Demurrer 671
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.02
Excerpt: ... her work performance by creating an intimidating, hostile, or offensive work environment; and (5) defendants are liable for the harassment.” (Ortiz v. Dameron Hospital Association (2019) 37 Cal.App.5th 568, 581). Defendant demurs on the ground that Plaintiff has failed to allege an essential element. Here, in reviewing the complaint, Plaintiff fails to state a cause of action for Hostile Work Environment because she has not alleged that she wa...
2023.02.02 Motion to Reassign Case 125
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2023.02.02
Excerpt: ...atter was returned from the Court of Appeal with the trial court's order granting a new trial on all issues affirmed, the Presiding Judge reassigned the case to Judge Deborah C. Servino in Department C21. Defendants and Cross-Complainants did not object to the reassignment at that time. Rather more than two years later on December 20, 2022, they filed a motion to reassign case for trial. The motion is premised on their contention that the perempt...
2023.02.01 Motion for Protective Order 415
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.02.01
Excerpt: ... Arthur Young & Co. (1990), 223 Cal.App.3d 1429, 1436.) To the extent that the motion is based upon a pending FBI investigation, defendant fails to cite to any authority for the proposition that the court should stay discovery pending the outcome of said investigation. Defendant fails to show how responding to discovery in this action would somehow “jeopardize” the ongoing FBI investigation. To the extent that the motion is based upon a purpo...
2023.02.01 Motion to Compel Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.02.01
Excerpt: ...bjections and that sets forth legally valid responses to each interrogatory, the untimely response might completely or substantially resolve the issues raised by a motion to compel responses under section 2030.290,” although the court still retains authority to hear the motion. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 407-409.) Even if valid responses are belatedly served, the Court can ...
2023.02.01 Motion for Sanctions 031
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2023.02.01
Excerpt: ...r appearance counsel attend the deposition, or by attendance via Zoom, etc.) While the court may have been inclined to award the court reporter costs and other costs directly associated with obtaining the certificate of non-appearance, plaintiffs have provided no evidence of what those costs are. Where monetary sanctions are sought, the notice must be accompanied by a declaration “setting forth facts supporting the amount” of the monetary san...
2023.02.01 Motion to Compel Further Responses
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2023.02.01
Excerpt: ...tion to produce documents under Code of Civil Procedure section 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. (Code Civ. Proc. § 2030.300(a).) If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Cour...
2023.01.31 OSC Re Preliminary Injunction 850
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.01.31
Excerpt: ... comparative consequences of the issuance and nonissuance of the injunction. [Citations.]” (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 441-442; footnote 7 omitted.) “A trial court deciding whether to issue a preliminary injunction weighs two interrelated factors—the likelihood the moving party will prevail on the merits at trial and the relative balance of the interim harms that are likely to result from the granting or deni...
2023.01.31 Motion to Strike 178
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.01.31
Excerpt: ...es allegations of the Complaint for Damages and Injunctive Relief (Complaint) filed by Plaintiff Cesar Pelaez. Standard for Motion to Strike A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule or an order of the court. (Code Civ. Proc., § 436.) “Irrelevant” matters include: allegations...
2023.01.31 Motion to File Under Seal, File Amended Complaint, Proceed Under Fictitious Name 180
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.01.31
Excerpt: ...l the certificate of corroborative facts and certificates of merit of Plaintiff's counsel and a mental health practitioner. Plaintiff asserts claims arising out of alleged childhood sexual assault, which are brought pursuant to Civil Procedure Code section 340.1. That statute allows a plaintiff who is 40 years or older to bring an action for childhood sexual assault, under certain circumstances, against the person who committed the childhood sexu...
2023.01.31 Motion to Contest Good Faith Settlement, to Strike 345
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.01.31
Excerpt: ...This Motion applies to the Amended Complaint filed on 9-9-21 under ROA No 9. For the purpose of this Motion, the relevant parties are Plaintiff (Edgar A. Bravo Cervantes), Settling Parties (Danyel Desirae Lua and Cynthia L. Lua), and Moving Parties. Code of Civil Procedure section 877.6 states in part, “(a)(1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be ...
2023.01.31 Motion to Compel Further Responses 907
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.01.31
Excerpt: ...tiff have not filed the First Amended Complaint, the court ORDERS Plaintiffs to electronically filed the First Amended Complaint no later than 2-1-23. Thus, as to this Motion, the court relies on Plaintiffs' “(Proposed) First Amended Complaint” (FAC) filed on 4-8-22 under ROA No. 95. Code of Civil Procedure section 2025.480, subdivision (a) states, “If a deponent fails to answer any question or to produce any document, electronically stored...
2023.01.31 Motion to Compel Arbitration 553
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2023.01.31
Excerpt: ...other party may petition the court to compel arbitration and stay any pending lawsuit. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 218). Specifically, Civil Procedure Code section 1281.2 states: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner a...
2023.01.31 Motion for Preliminary Injunction 590
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.01.31
Excerpt: ... of the issuance and nonissuance of the injunction. [Citations.]” (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 441-442; footnote 7 omitted.) “A trial court deciding whether to issue a preliminary injunction weighs two interrelated factors—the likelihood the moving party will prevail on the merits at trial and the relative balance of the interim harms that are likely to result from the granting or denial of preliminary injunct...
2023.01.31 Motion for Determination of Good Faith Settlement 413
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.01.31
Excerpt: ...ty of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) The Motion states, “The county requests the court grant this motion and find that section 1431.2 applies to this case and that the County is entitled to an allocation of proportionate fault with the City of Santa Ana as par of any verdict in favor of Plaintiff.” (Motion; 1:12-15.) Plaintiff's Opposition to Defendant County of Orange's Motion for Order Requesting Strict Application of Civi...
2023.01.31 Demurrer, Motion to Strike 679
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2023.01.31
Excerpt: ...265 (disapproved on other grounds in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4th 919, 939, footnote 13.) “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Cita...

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