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5780 Results

Location: Orange County x
2020.03.20 Motion to Compel Arbitration, Strike Class Claims, and Stay PAGA Cause of Action 766
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2020.03.20
Excerpt: ...ian v. Renovate America, Inc. (2019) 42 Cal. App. 5th 1062, 1067-70; Espejo v. Southern California Permanente Medical Group (2016) 246 Cal. App. 4th 1047, 1058-62; Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal. App. 4th 836, 842-46. Based on these cases, defendants satisfied their burden in their moving papers by simply attaching the contract to their motion. But in plaintiff's opposition, plaintiff took issue with defendants' failure to pro...
2020.03.20 Motion for Protective Order Bifurcating Discovery 842
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2020.03.20
Excerpt: ...y judgment motion, defendants could delay bringing that motion and thereby prevent plaintiff from ever taking any class discovery or bringing a motion for class certification. Defendants claim the pending discovery is unduly burdensome, but do not inform the court what the pending discovery is, or if the burden goes to liability discovery, damages discovery, or both. Plaintiff asserts he simply wants raw data, and that defendants' 14-terabyte est...
2020.03.20 Motion for Attorneys' Fees 580
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2020.03.20
Excerpt: ...Judgment ¶¶2 and 3B) and defendant prevailed on five issues (Judgment ¶¶1A, 1B, 3C, 4 and 5). Plaintiffs did not appeal from that ruling, and thus that ruling is final, even though the court of appeal reversed this court's ruling on issue 3C. Even after the reversal, the ruling as a whole was still a mixed bag. Plaintiffs may recover the attorneys' fees they incurred on or before the date the original Judgment was entered, December 28, 2017, ...
2020.03.20 Demurrer 187
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2020.03.20
Excerpt: ...alespersons exemption applied to defendants' employees, and dismissed the action. The only new allegation plaintiffs point to in their opposition is from the Second Amended Complaint, ¶22 at 10:3-10, in which plaintiff Collins alleges that the supervisors whom defendants sent into the field with salespersons were instructed by defendants to, and did, control all relevant aspects of the salespersons' work, when and how many hours a salesperson wo...
2020.03.20 Motion to Tax Costs 890
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2020.03.20
Excerpt: ...on their motion to reopen the case, but prevailed on their motion to reopen the case. Since under CCP §1033.5(c)(2), costs must be reasonably necessary to the conduct of the litigation, this court will tax the costs for those matters where plaintiffs did not prevail, but allow the $72.20 in costs, dated 6/14/19, where plaintiffs did prevail. Defendant seeks to tax costs of $6,976.30 under Ginez Item 6, Court reporter fees as established by statu...
2020.03.17 Demurrer, Motion to Strike 739
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.03.17
Excerpt: ...dent. Defendant cites Mendoza v. City of Los Angeles (1998) 66 Cal.App.4 th 1333 for this proposition. However, that case was not a demurrer case, and actually went to a jury. That case involved an off-duty police officer who fatally shot his fiancé. The Court of Appeal stated, “Mendoza was both off duty and in Hawthorne, outside the jurisdiction of the Department, when he shot Clementina during a domestic dispute. The act was unrelated to his...
2020.03.17 Motion for Summary Adjudication 995
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2020.03.17
Excerpt: ...issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be g...
2020.03.17 Demurrer 065
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2020.03.17
Excerpt: ...int. [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. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provide...
2020.03.17 Demurrer 159
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2020.03.17
Excerpt: ...y of all facts properly pled, but also 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 ju...
2020.03.17 Motion for Summary Judgment, Adjudication 681
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2020.03.17
Excerpt: ...tium moves for summary adjudication of the first cause of action (breach of contract) and second cause of action (breach of guaranty). Plaintiff fails to meet its initial burden, i.e., Plaintiff fails to establish its damages. Specifically, Plaintiff represents that as of December 10, 2019, the amount of $209,860.10 is due and owing from Defendants to Ascentium under the CSA. (See PSS ¶ 9.) This statement is supported by the Declaration of Jerry...
2020.03.17 Motion for Summary Judgment, Adjudication 390
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2020.03.17
Excerpt: ...ed, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part, “A party may move for summary adjudication as to o...
2020.03.17 Motion to Compel Further Responses 202
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2020.03.17
Excerpt: ...esting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: [¶] (1) An answer to a particular request is evasive or incomplete. [¶] (2) An objection to a particular request 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. . . . [¶] (c) “Unless notice of this motion ...
2020.03.17 Motion to Set Aside Default Judgment 411
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2020.03.17
Excerpt: ...d, and 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 sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglec...
2020.03.17 Motion to Vacate 705
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2020.03.17
Excerpt: ...l 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 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 ...
2020.03.16 Motion for Summary Adjudication
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2020.03.16
Excerpt: ...ccord Gaggero v. Yura (2003) 108 Cal.App.4th 884, 891.) That second path to summary adjudication requires plaintiff to show 2 things: (1) defendant does not possess the evidence, and (2) defendant cannot reasonably obtain it. Plaintiff met the first requirement. It offered defendant Community Care Rehab Center LLC's “factually devoid” discovery responses, showing defendant does not possess evidence needed to support its defenses. (Union Bank ...
2020.03.16 Motion for Determination of Good Faith Settlement 788
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2020.03.16
Excerpt: ...ons. Section 877.6 applies to a settlement between a plaintiff and an alleged tortfeasor or obligor under a contract in an action in which the tortfeasor is an alleged joint tortfeasor with another or the obligor is a co-obligor under the same contract with another. Cal. Code Civ. Proc. § 877.6(a)(1). Section 877.6 allows a settling defendant to obtain a determination that his settlement is in good faith, and thus to bar an action for equitable ...
2020.03.16 Motion for Determination of Good Faith Settlement 868
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2020.03.16
Excerpt: .... Specifically, the parties may file a Supplemental MPA (and declaration(s)) in support of the Motion, a Supplemental Opposition (and declaration(s)), and a Supplemental Reply – all within the time periods prescribed by the Code based on the new hearing date. However, any supplemental MPA and opposition shall not exceed 7 pages, and the supplemental reply shall not exceed 4 pages. There is no precise yardstick for measuring “good faith” of ...
2020.03.16 Motion for Pre-Trial Discovery
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.03.16
Excerpt: ...ho would be most competent to testify” to its financial condition. (Civ. Code § 3295(c).) Beyond the foregoing, no pretrial discovery by plaintiff is permitted without a court order; and such order can be granted only if the court finds there is a “substantial probability that the plaintiff will prevail” on his or her claim for punitive damages. (Civ. Code § 3295(c); Kerr v. Rose (1990) 216 Cal.App.3d 1551, 1565.) Typically, to obtain suc...
2020.03.16 Demurrers
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.03.16
Excerpt: ...l meet and confer in compliance with §430.41(a). Defendant to give notice. 1st COA: Demurrers are sustained. The nature of the relation between the mobilehome owner and the park owner, or the prospective homeowner and the park owner, is one of landlord tenant, or landlord and prospective tenant. (See Civ. Code § 798.2, .4, .8, .9; Cacho v. Boudreau (2007) 40 Cal.4th 341, 349; Bevis v. Terrace View Partners, LP (2019) 33 Cal.App.5th 230, 249-51....
2020.03.16 Motion for Summary Judgment, Adjudication 248
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2020.03.16
Excerpt: ...ed are premised on its contention that under the written terms of the retainer agreement it is entitled to 33.3% of $250,000. But the facts established by Plaintiff's own evidence is that Rawag discharged Plaintiff before the settlement was agreed to and before the settlements were paid. [Smaili Decl, ¶¶ 12- 16.] By the terms of the retainer agreement – which on the face of the agreement appear to survive the handwritten emendations – as th...
2020.03.16 Motion to Quash, to Compel Compliance
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.03.16
Excerpt: ...ission Hospital Medical Center (“Mission”); (2) Manor Care of Fountain Valley (Manor”); (3) Memorial Care Saddleback Memorial Medical Center (“Saddleback”); (4) Orange Coast Memorial Medical Center (“OCMMC”); and (5) Hector Ramirez, M.D. For Nos. 1-4, Defendants issued separate subpoenas for: (a) Medical Records; (b) Radiology Records; and (c) Billing Records, for a total of 13 subpoenas at issue here. Both motions reflect that effo...
2020.03.16 Motion to Require Undertaking 540
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2020.03.16
Excerpt: ...d Gonzalez and Good Affair's reply may not have been properly served on The Irvine Company, LLC. Unless the Irvine Company objects to improper service of the Reply and seeks to continue the hearing for that reason, the Court denies the motion for the reasons set forth below. Anthony and Jamie (collectively, “The Romeos”) commenced this action on 10/5/2018 (“Romeo Action”). The Romeos' complaint alleges three causes of action against Good ...
2020.03.16 Motion to Tax Costs
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.03.16
Excerpt: ... §1033.5), the verified memorandum of costs is prima facie evidence of their propriety. The burden then rests with the party seeking to tax costs to show they were improper, unreasonable or unnecessary. Benach v. County of Los Angeles (2007) 149 Cal.App.4 th 836, 856. If the party seeking to tax costs makes a proper objection to an item in the cost bill (as determined after the trial court reviews the submissions), the burden then shifts back to...
2020.03.16 Motion to Vacate Order
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2020.03.16
Excerpt: ...ny (not Teresa) initiated a contractual arbitration with JAMS pursuant Para 20.1 of the Future Fins LLC Operating Agreement. The only signatories to that operating agreement, and thus the contractual arbitration provision, were Odyssey and Wesrae. Nevertheless, Tony joined as a claimant, and named Vincent, Skaist/SYCR, Marinescu, Wesrae and Vincent's ex-wife. Vincent and Westrae filed a counter-claim in arbitration, while Skaist and SYCR declined...
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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