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10715 Results

Location: Orange County x
2022.10.07 Petition to Confirm Contractual Appraisal Award 436
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ...ts of a petition to confirm, correct, or vacate the arbitration award. Within this Petition, Petitioners seek confirmation of an appraisal award, pursuant to Code of Civil Procedure section 1286. Code Civil Procedure section 1286 provides that an arbitration award shall be confirmed, unless it is vacated or corrected. “‘[A]greements providing for valuations, appraisals and similar proceedings' are within the definition of ‘agreements' subje...
2022.10.07 Motion for Attorney Fees 345
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ...nt, including, that: Martinez “pawned some of your stolen items”; “a majority of the stolen items remain in the possession, custody or control of [Martinez]”; Martinez “continues to have possession, custody or control of the majority of the stolen items”; Martinez “wrongfully converted the stolen items for her own use and possession without plaintiff's knowledge or consent”; Martinez “acted willfully, fraudulently, maliciously, ...
2022.10.07 Demurrer 043
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ... 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 and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it ...
2022.10.07 Petition to Compel Individual Arbitration, Dismiss Class and PAGA Claims, Stay Action 308
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.10.07
Excerpt: ...tion and pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case No. S274671. Plaintiff's Request for Judicial Notice is denied as moot. The Case Management Conference set for November 18, 2022 is ordered off calendar. A Post-Arbitration Review Hearing is set for April 6, 2023 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration...
2022.10.07 Demurrer 399
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ... pages. No reply or closing memorandum may exceed 10 pages. The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.” (Emphasis added.) A memorandum exceeding the permissible page limits “must be filed and considered in the same manner as a late-filed paper”; i.e., the court in its discretion may refuse to...
2022.10.07 Demurrer to FAC 759
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.10.07
Excerpt: ...Deputy T. Carrillo (the “County Defendants”) demur to all causes of action in the FAC, as well as to the class allegations therein. Second, Defendant Global Tel*Link Corporation (“GTL”) demurs to Plaintiffs' first and tenth causes of action, and to the sixth “cause of action” (more accurately, class allegations) insofar as Plaintiffs allege the existence of a “telephone class.” PROCEDURAL BACKGROUND Before addressing the merits of...
2022.10.07 Demurrer to SACC 020
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.10.07
Excerpt: ...e of Action, which /Cross-Complainants have voluntarily withdrawn. 2. The demurrer is OVERRULED as to alter ego liability. Demurring Cross-Defendants shall answer the SAXC on or before October 21, 2022. 1. Overview In evaluating a demurrer, the Court is guided by long-settled rules. The Court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Serrano v. Pri...
2022.10.07 Demurrer 160
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.10.07
Excerpt: ...d The underlying First Amended Complaint of Plaintiff Sirco/Irvine Business Park II Association concerns insurance coverage. The Association is the community association for a three- building commercial condominium park in Santa Ana. In 2008, the Association took out an insurance policy on the condominium park. The policy (as renewed) was in effect on September 25, 2019, when a fire damaged one of the three buildings. The policy was issued by Tra...
2022.10.07 Motion for Attorney Fees 721
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ...llowable; (2) reasonably necessary to the conduct of the litigation; and (3) reasonable in amount. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 998.) The lodestar method is applicable to calculating attorney's fees under the Song-Beverly Consumer Warranty Act. (Id. at p. 997.) An experienced trial judge is the best judge of the value of professional services rendered in his or her court. (Ibid.) The court's analysis begins with the...
2022.10.07 Motion for Summary Judgment 706
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ...er evidence to show that Defendant Macco Corporation informally does business as Macco Pacific (erroneously sued as Macco Pacific, Inc.) and Shattuck Companies. (Waters Decl., at ¶¶ 5-6; SSUF 19, 25.) In other words, Macco Pacific and Shattuck Companies are fictitious business names of the legal entity Macco Corporation. Because Plaintiff did not oppose the motion, it does not appear that she disputes this assertion. Macco Corporation was Plain...
2022.10.07 Motion for Summary Judgment, Adjudication 752
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.10.07
Excerpt: ...ning, Jr., Kaeyln Manning, Julia Manning, and Paige Manning (through her guardian ad litem, Erica Mitchell). The Court rules as follows: 1. The motion for summary judgment is DENIED. 2. The motion for summary adjudication is GRANTED as to issues 1 and 2 inasmuch as Plaintiffs consent to the same in their opposition papers. 3. The motion for summary adjudication is DENIED as to issue 3. Defendants' request for judicial notice, which is unopposed, ...
2022.10.07 Motion for Terminating Sanctions, for Monetary Sanctions 125
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ...but did not produce any documents. In response to requests no. 44, 48 and 49, Brand Genetix said it would “comply with this request” and that “all responsive documents that are in Plaintiff's [sic] custody or control will be produced.” (Lu Decl., at ¶ 21, Exh. 8 [ROA 1503].) The court has expressed in prior rulings that the trial court should tailor the sanction for such conduct to “fit the crime.” (Reedy v. Bussell (2007) 148 Cal.Ap...
2022.10.07 Motion to Compel Individual PAGA Claims to Arbitration 019
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.10.07
Excerpt: ...ference will be held on May 31, 2023 at 8:30 a.m. in Department CX-104. EVIDENTIARY MATTERS Plaintiff's evidentiary objections are all OVERRULED. It appears to the Court that these objections are identical to objections previously overruled by the Court (Judge Di Cesare) in connection with a prior motion to compel arbitration. Plaintiffs' objections are therefore an improper attempt to reconsider the prior order. Plaintiff seeks judicial notice o...
2022.10.07 Motion for Reconsideration 777
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ... moving party that states: (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, subd. (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...
2022.10.06 Motion to Compel Arbitration 558
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.06
Excerpt: ...hoice-of-law clause expressly incorporating them.” (Ibid.) Here, the Arbitration Provision in the Lease for the vehicle at issue expressly states that “[t]his Arbitration Provision, and any arbitration conducted hereunder, shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration.” As such, the FAA applies. The Arbitration Provision is Enforceable “Section 2 of the FAA provid...
2022.10.06 Motion for Partial Reconsideration, for Leave to File Renewed SAC 448
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2022.10.06
Excerpt: ... 1008 which reads, in pertinent part:  “(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made t...
2022.10.06 Motion for Preliminary Injunction 273
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.10.06
Excerpt: ...as the title and the causes of action of this lawsuit affecting title thereof are resolved is GRANTED. Defendant's request for judicial notice of Exhibits 1 through 5 is GRANTED. Code of Civil Procedure section 527, subdivision (a) provides: “A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that ...
2022.10.06 Motion for Summary Judgment, Adjudication 258
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.10.06
Excerpt: ... ROA 113. However, the objections do not comply with California Rules of Court, Rule 3.1354(b), which states that written objections to evidence at summary judgment must specifically identify the evidence objected to. Rule 3.1354 provides an example of how objections should be formatted. Here, Defendant objects to Plaintiff's additional material facts, which include citations to evidence. Many of the additional facts which Defendant objects to ci...
2022.10.06 Motion to Compel Further Responses 519
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.10.06
Excerpt: ...ny of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040 ...
2022.10.06 Motion to Compel Arbitration 985
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.10.06
Excerpt: ...ocedure, section 1281.2 requires a trial court to enforce a written arbitration agreement unless one of three limited exceptions applies. Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the possibility of conflicting rulings on common factual or legal issues.” (Code of Civ. Proc., § 1281.2; Acquire...
2022.10.06 Motion to Compel Binding Arbitration and Dismiss Action 754
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2022.10.06
Excerpt: ...ird-party beneficiary of the arbitration agreement between Adecco and Plaintiff. For the reasons set forth below, the Motion to Compel Arbitration is GRANTED. The motion to dismiss is DENIED. The Court DENIES Plaintiff's request for judicial notice (ROA 157) as Plaintiff failed to attach any of the orders for which he sought judicial notice. There Is a Valid Arbitration Agreement. To compel arbitration under either the CAA or FAA, there must be a...
2022.10.06 Motion to Compel Deposition 871
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.10.06
Excerpt: ...very because a dispute leads a party to move for an order compelling [compliance with a discovery mechanism].” (See Clement v. Alegre, (2009) 177 Cal.App.4th 1277, 1291.) “Unless otherwise limited by order of the court . . . any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved . . . if the matter either is itself admissible in evidence or appears reasonably calculated to lead to ...
2022.10.06 Motion to Compel Production of Docs 328
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.06
Excerpt: ... over because there is no way to tell if these documents really are privileged. The plaintiff does not offer any concrete evidence suggesting why she is not convinced of their provenance. Rather, she just says the communications “line up” with other documents and from the timeline it looks suspicious. It would be one thing if she had some specific evidence. But a blanket claim that she does not know if they are or not covered by the attorney-...
2022.10.06 Motion to Quash Deposition Subpoena 671
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.06
Excerpt: ...he stock of plaintiff's construction business, a sale that is at the heart of this dispute. The plaintiff asserts August was, among other things, his personal attorney at all relevant times. The defendants contend in response that they are not seeking the plaintiff's personal files, but only those attorney-client files that belong to the business defendant, the business they bought. The subpoena tries to maintain this distinction. Although hearsa...
2022.10.06 Motion for Leave to Conduct Limited Discovery in Response to Special Motion to Strike 863
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.06
Excerpt: ...e filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.” “If the plaintiff makes a timely and proper showing in response to the motion to strike, that a defendant or witness possesses evidence needed b...

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