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11086 Results

Location: Orange County x
2022.12.05 Motion to Tax Costs 590
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.12.05
Excerpt: ...(1) Costs are allowable if incurred, whether or not paid. (2) Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (3) Allowable costs shall be reasonable in amount. (4) Items not mentioned in this section and items assessed upon application may be allowed or denied in the court's discretion.” “If the items appearing in a cost bill appear to be proper ch...
2022.12.05 Motion for Summary Judgment, Adjudication 678
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.12.05
Excerpt: ...red to water the dirt on the construction site in order to control dust. The water truck overturned when it drove close to the edge of the “haul road” Plaintiff was driving on, and Plaintiff alleges he sustained injuries as the result of the “roll-over.” Plaintiff brought this action against, among others, OHL-USA, Inc., which was the general contractor for the project. Plaintiff alleges a single cause of action for negligence. Plaintiff ...
2022.12.05 Motion for Summary Judgment, Adjudication 407
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.12.05
Excerpt: ...n fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. Pursuant to Code of Civil Procedure, section 437c, subdivision (a): A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the actio...
2022.12.05 Motion for Summary Judgment, Adjudication 292
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.12.05
Excerpt: ... Plaintiff's Motion for Summary Judgment and Summary Adjudication (the “Motion”) is DENIED in its entirety. As an initial matter, the parties appear to agree that Iowa contract law applies by reason of a choice of law provision contained in the agreement at issue. But neither party directly addresses the enforceability of this provision. (Declaration of Stephanie Steele [“Steele Decl.”] ¶8 & Exh. 3.) “California courts enforce contract...
2022.12.05 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2022.12.05
Excerpt: ...ng party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact.” Food Safety Net Services v. Eco Safe Systems USA, Inc. (2012) 209 Cal.App.4th 1118, 1124. “There is no obligation on the opposing party … to establish anything by affidavit unless and until the moving party has by affidavit stated facts establishing every element … necessary to sustain a judg...
2022.12.05 Motion for Reconsideration, for Terminating Sanctions 104
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2022.12.05
Excerpt: ...tic for several reasons. First, Plaintiff's declaration does not suffice as competent evidence as it was not signed under penalty of perjury. [See CCP § 2015.5.] Second, even assuming Plaintiff did serve responses prior to the hearing, the Court was still entitled to grant the motion if the responses did not substantially comply. [CCP§2033.280]. Plaintiff has not argued or established that the responses substantially complied. Indeed, the respo...
2022.12.05 Motion for Discovery Protective Orders 231
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.12.05
Excerpt: ...), before commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity subject to any orders that may be appropriate under Section 3426.5 of the Civil Code.” Uniform Trade Secrets Act defines “[t]rade secret” to mean “information, including a formula, pattern, compilation, program, device, method, technique, or process, that: [¶] (1) Derives indep...
2022.12.05 Motion for Discovery 518
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.12.05
Excerpt: ...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. C. § 3295(c) (emphasis added); see Kerr v. Rose (1990) 216 CA3d 1551, 1565.) To obtain such an order, plaintiff must file a motion supported by “appropriate affidavits” – i.e., affidavits (or declarations) sufficient to establish “oppression, fraud or malice” under Civil Code sectio...
2022.12.05 Motion for Attorney Fees, to Tax Costs 390
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.12.05
Excerpt: ...seeking an order taxing the memorandum of costs filed by the defendants. The motion for attorney fees is DENIED. The motion to tax costs is GRANTED in part. This case arises from a dispute between various parties as to the use/improvement of a piece of vacant land in Dana Point. A court trial was conducted on multiple dates in 2021 and 2022 resulting in a verdict for the defense on all causes of action. Statements of Decision were entered on 12/1...
2022.12.05 Demurrer, Motion for Judgment on the Pleadings 897
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2022.12.05
Excerpt: ...to file a declaration no later than nine (9) court days before the continued to hearing date describing the meet and confer efforts, and the status of the issues, clearly stating what issues remain for the Court to resolve, or if all issues have resolved, providing that the demurrer is being taken off calendar. (ROA 158.) Defendant Gulaya, was also ordered to give notice. (Ibid.) It does not appear that Defendant Gulaya gave notice. However, it a...
2022.12.05 Demurrer 801
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.12.05
Excerpt: ...ty managed by Western National Securities. Based on this alleged contractual relationship, plaintiff asserts that Western acted in contravention of his rights as a tenant by preventing him from entering the apartment. Plaintiff alleges this gives rise to the causes of action for (1)Breach Of Contract, (2) Breach Of Covenant Of Good Faith And Fair Dealing, (3) Breach Of Covenant Of Quiet Enjoyment Of The Premises, (4) Intentional Infliction Of Emo...
2022.12.05 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2022.12.05
Excerpt: ... the complaint and states that CCP §430.40 makes this a mandatory requirement. CCP §430.40 states: “(a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross- complaint, demur to the complaint or cross-complaint.” CCP §435(b)(1) states in part: “Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or ...
2022.12.05 Motion to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2022.12.05
Excerpt: ...2”); (3) as to Plaintiff, to provide further responses to some of WRG's Form Interrogatories (“FROGs”), Set Two (“Motion 3”); (4) as to GGO, to provide further responses to some of WRG's FROGs, Set One (Motion 4”); and (5) as to Plaintiff, to provide further responses to some of WRG's Requests for Production (“RFPs”), Set Two (“Motion 5”). Each of the Motions is GRANTED IN PART. As a preliminary matter, all of the motions here...
2022.12.02 Motion for Preliminary Approval of Class Action Settlement 488
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.02
Excerpt: ...lso should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. There is no definition in either the settlement agreement or the cl...
2022.12.02 Motion for Pre-Judgment Possession 890
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.02
Excerpt: ... evidence immaterial to this ruling. GROUNDS FOR RULING This eminent domain case involves OC San's intent to take various property interests currently owned by Defendant Bayside Village Marina, LLC (“BVM”) in connection with a sewer replacement/refurbishment project. I. Procedural Prerequisites CCP § 1255.410(a)-(b) list a number of procedural prerequisites to bringing a motion for prejudgment possession. BVM does not challenge OC San's comp...
2022.12.02 Motion to Strike Class Action Allegations, to Quash Service of Summons for Lack of Personal Jurisdiction 316
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.02
Excerpt: ...ing alleged violations of the Fair and Accurate Credit Transactions Act (FACTA). Plaintiff seeks to represent a class of persons nationwide who purchased merchandise with credit cards at Hibbett Retail's stores and received a receipt that contained the first six and last four digits of their credit card numbers, in violation of FACTA's requirement that only the last five digits be printed on a receipt. Hibbett Retail moves to strike the nationwid...
2022.12.02 Motion for Preliminary Approval of Class and Representative Action Settlement 360
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.02
Excerpt: ...ement. Counsel also should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. The motion fails to provide the court with the esti...
2022.12.02 Motion to Compel Arbitration 506
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2022.12.02
Excerpt: ...as to arbitrate the individual portion of her PAGA claim. 3. The remainder of this action shall remain stayed pending the outcome of the arbitration. As an initial matter, Defendants fail to articulate or identify a basis for the requested relief, stating only that it is based on “conform[ing] to the Federal Arbitration Act as definitely (sic) interpreted by…Viking River” and the Court's “inherent powers.” (Mot. at 2.) Procedurally, it ...
2022.12.02 Motion to Compel Arbitration and Dismiss PAGA Representation 089
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.02
Excerpt: ...iefing on the issue of the alleged 2019 arbitration agreement between Zov's Bistro II and Plaintiff Natalio Cervantes. Upon review of the supplemental briefing, the Court orders as follows: 1. The motion is DENIED with respect to Cervantes. 2. As to Plaintiff Carlos Cruz, the Court adopts its earlier tentative ruling: the motion is GRANTED as to Cruz, but the arbitration of his wage-and-hour, UCL, and PAGA claims is STAYED pending resolution of C...
2022.12.01 Demurrer 014
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.12.01
Excerpt: ...LRS, Inc., to collect from the plaintiff the claimed debt. The basis of the complaint is simple: The debt collector furnished false information about the debt (the false information is that there is a debt) to a credit reporting agency in violation of Civil Code section 1785.25. The defendant accounting agency is liable for the furnishing of the false information because it “authorized” the debt collector to furnish the false information (i.e...
2022.12.01 Demurrer 738
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.01
Excerpt: ...dispensable parties. Request for Judicial Notice Defendants request judicial notice of the following documents: (A) City of Newport Beach City Council Resolution No. 2019-80; (B) Chapter 15.80 and Chapter 20.64 of the Newport Beach Municipal Code; and (C) a true and correct copy of the City's GIS map for the area surrounding Kings Road. The Request for Judicial Notice is GRANTED as to Exhibits A and B. (Evid. Code, § 452(b), (c).) The Request fo...
2022.12.01 Demurrer 751
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.12.01
Excerpt: ...” (Id.) The Court assumes “the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) “As a general rule in testing a pleading against a demurrer the facts alleged in...
2022.12.01 Demurrer, Motion to Strike 363
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.01
Excerpt: ...d a Motion to Strike portions of the Frist Amended Complaint related to punitive damages and attorney's fees. DEMURRER Third Cause of Action for Constructive Fraud “The elements of the cause of action for constructive fraud are: (1) fiduciary relationship; (2) nondisclosure (breach of fiduciary duty); (3) intent to deceive, and (4) reliance and resulting injury (causation).” (Younan v. Equifax Inc. (1980) 111 Cal.App.3d 498, 517, fn. 14.) “...
2022.12.01 Motion for Determination of Good Faith Settlement 346
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.01
Excerpt: ...and Plaintiff State Farm Mutual Automobile Insurance Company was in good faith. The motion was set for hearing on 4/28/2022. On that date, the Court continued the motion to 7/21/2022 in order for the Motion and Notice of Continuance of the Motion to be served via email and mail upon all appearing parties. [ROAS 84, 100.] On 7/8/2022 Defendant Harkness filed an Opposition. On 7/21/2022, the Court denied the motion without prejudice. The Court expl...
2022.12.01 Motion for Protective Order 109
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.12.01
Excerpt: ...) [re RFPs].) This includes orders that: “a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only to specified persons or only in a specified way.” (Code Civ. Proc., §§ 2025.420(b)(13) [depos], 2030.090(b)(6) [rogs], 2031.060(b)(5) [RFPs], 2033.080(b)(4) [RFAs].) Any motion for protective order “shall be” accompanied by a meet and confer declaration under Section 2016.0...
2022.12.01 Motion for Leave to File Complaint 291
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.01
Excerpt: ...pplemental complaint is to bring to the notice of the court and the opposite party things which occurred after the commencement of the action, and which do or may affect the rights asserted and the relief asked in the action as originally instituted. [Kamei v. Kumamoto (1967) 256 Cal.App.2d 381.] Additionally, in bringing a motion for leave, a separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Wh...
2022.12.01 Motion to Compel Deposition of PMK, for Protective Order 613
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.12.01
Excerpt: ...deposition is GRANTED. CCP §2025.450(a) provides “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelli...
2022.12.01 Motion for Terminating Sanctions 644
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.01
Excerpt: ...bey an order compelling further responses. Trident contends that Plaintiff and her counsel have directly violated the Court's June 30, 2022 Order granting Trident's motion to compel further responses to Special Interrogatories, Set Two (“SPROG 2”) by failing to provide further responses to SPROG 2 which are focused on identifying the various treating physicians and other persons that advised/informed Plaintiff of the relationship between the ...
2022.12.01 Motion to Compel Arbitration 017
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.12.01
Excerpt: ...n the dealer was later dismissed, the motion for change of venue was (for reasons which are unclear) withdrawn. The argument for change of venue was—in part—that defendant Sacramento Chrysler Dodge Jeep Ram was the place where the repairs were made and is the principal address of the dealer. Moreover, the contract was entered into in Sacramento County and neither plaintiff resides in Orange County Those facts appear to be undisputed. The “u...
2022.12.01 Motion to Compel Further Responses 578
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2022.12.01
Excerpt: ...l Interrogatories If a timely motion to compel has been filed, the responding party has the burden to justify any objection or failure fully to answer the discovery requests. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220-221.) Interrogatory responses “shall be as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2030.220, subd. (a).) “If an interrogatory cannot ...
2022.12.01 Motion to Disqualify Counsel 475
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.12.01
Excerpt: ...em to argue that the court should exercise its inherent power under Code of Civil Procedure section 128, subdivision (a)(5), to disqualify counsel. (See In re Complex Asbestos Litigation (1991) 232 Cal.App.3d 572, 575.) The argument is that Zeutel cannot represent both the owner (Mu) and the real estate agent (Milne) because Mu should be suing Milne based on an alleged misrepresentation as to the condition of the property. In short, the suggestio...
2022.12.01 Motion to Strike Action 863
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.01
Excerpt: ...int, and paragraph 43 of the Second Cause of Action, pursuant to Code of Civil Procedure section 425.16. Defendant contends that Plaintiff, Brett Gregor, (“Plaintiff”) and she are presently involved in a divorce proceeding, and that as part of that action, Plaintiff's allegations concerning Defendant's communications with third persons was to conduct an investigation and to seek information about Plaintiff's apparent extramarital affair and t...
2022.12.01 Motion to Vacate Order Deeming RFAs Admitted 046
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.12.01
Excerpt: ...ting additional time to respond, the defendant never provided responses. The defendant did not file opposition to the motion. Nor did he appear at the hearing. At this point, the defendant was self-represented. On June 8, 2022, the defendant, still self-represented, filed a motion to set aside the order, claiming he had been unable to log in remotely to the May 12 hearing. He also claimed he had served responses to the Requests by e-mail the day ...
2022.12.01 Petition to Compel Arbitration 334
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2022.12.01
Excerpt: ...licy in favor of arbitration as a relatively quick and inexpensive method for resolving disputes. To further that policy, Code of Civil Procedure, 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 ...
2022.11.29 Demurrer to SAC 770
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2022.11.29
Excerpt: ...cts 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.4th 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.” P e r e z v . G o l d...
2022.11.29 Demurrer, Motion to Strike 205
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2022.11.29
Excerpt: ...hat 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.4th 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.” P e r e z v . G o l d e n ...
2022.11.29 Motion for Sanctions 524
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2022.11.29
Excerpt: ...eading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: [¶] (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigatio...
2022.11.29 Motion for Summary Judgment, Adjudication 995
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2022.11.29
Excerpt: .... The court DENIES Defendant's Request for Judicial Notice (RJN), filed on 7-7-22 under ROA No. 579, as immaterial to the court's decision as set forth below. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) The court OVERRULES all of Defendants' Evidentiary Objections filed on 11-1-22 under ROA No. 608. The court notes that the objections do not comply with California Rules of Court, r...
2022.11.29 Motion to Compel Deposition of PMK, Production of Docs 012
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2022.11.29
Excerpt: ...lf, and has refused to provide dates for any such deposition to take place.' This claim is patently false. [¶] Since the communications in July of 2021 referenced above, Plaintiff made absolutely no effort to meet and confer with me or anyone at my firm about scheduling additional depositions or a motion to compel. Instead, I did not hear from Plaintiff again regarding any depositions until August 18, 2021, when he served notice for the depositi...
2022.11.29 Motion to Compel Further Responses 978
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2022.11.29
Excerpt: ...any of the following: ¶ (1) An answer containing the information sought to be discovered. ¶ (2) An exercise of the party's option to produce writings. ¶ (3) An objection to the particular interrogatory.” Code of Civil Procedure section 2030.300 provides: “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: ...
2022.11.29 OSC Re Preliminary Injunction 850
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2022.11.29
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...
2022.11.28 Application for Prejudgment Writ of Attachment 083
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.11.28
Excerpt: ...plied;” (2) of a “fixed or readily ascertainable amount not less than $500;” (3) that is either unsecured or secured by personal property; and (4) that is a “commercial claim.” Code of Civil Procedure § 483.010. Code Civ. Proc. § 484.090(a) provides: “At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment...
2022.11.28 Demurrer
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.11.28
Excerpt: ...sonably subject to dispute under Evidence Code section 452(h). Defendant Kidder also asserts that courts routinely take judicial notice of documents incorporated into a complaint. Evidence Code section 452, subdivision (h) permits judicial notice of “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” “It is int...
2022.11.28 Demurrer
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.28
Excerpt: ... there is no ground for general demurrer.” (Roman v. County of Los Angeles (2000) 85 al.App.4th 315, 324-325.) 1st cause of action for quiet title “The Legislature has not established a specific statute of limitations for actions to quiet title. [Citation.] Therefore, courts refer to the underlying theory of relief to determine the applicable period of limitations. [Citation.] An inquiry into the underlying theory requires the court to identi...
2022.11.28 Demurrer, Motion to Strike 642
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.11.28
Excerpt: ... 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 remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of wha...
2022.11.28 Demurrer, Motion to Strike 912
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.11.28
Excerpt: ... IN PART and, otherwise, is moot. Defendant's Request for Judicial Notice As an initial matter, the Court denies Defendant's request for judicial notice. Defendants ask the Court to take judicial notice of the “Report of Fullerton Police Department dated April 9, 2020,” pursuant Evidence Code sections 450, 451 and 452. The request is denied for two reasons. First, Defendants do not identify the specific subdivision of Evidence Code section 45...
2022.11.28 Motion for Attorney Fees 775
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.11.28
Excerpt: ...the prevailing party in this action. (Civ. Proc. Code §§ 1032.) As the prevailing party in a civil rights action, Plaintiff is entitled to recovery of attorney fees and expert witness fees. (Civ. Proc. Code § 1033.5(10)(B); Civ Code. §§ 52 and 54.3; 42 U.S.C.A. § 12205.) “[T]he fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate...
2022.11.28 Motion for Leave to File Amended Complaint
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.28
Excerpt: ... to add a claim for punitive damages. “(a)(1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse pa...
2022.11.28 Motion for Leave to File Complaint, to Compel Physical, Mental Exam, Joinder 221
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.11.28
Excerpt: ... denial of the Motion. Plaintiff is a minor student suing defendant SAUSD for an alleged sexual assault that occurred on or about 2/14/19 at SAUSD's Middle College High School (“MCHS”), which is located on the campus of Santa Ana College (“SAC”). One of the college students, Kenji Kina (“Kina”), allegedly sexually assaulted Plaintiff. Plaintiff originally named both SAUSD and the Rancho Santiago Community College District (“RSCCD”...
2022.11.28 Motion for Summary Judgment, Adjudication 504
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.11.28
Excerpt: ...hed by the United States Supreme Court in McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792. After an initial prima facie showing of discrimination from the employee (which is not at issue in this case), the employer, as the moving party, has the burden to present admissible evidence showing either that: (1) one or more elements of plaintiff's prima facie case is lacking; or (2) the adverse employment action was based upon legitimate, nondiscr...
2022.11.28 Motion to Compel Production 929
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2022.11.28
Excerpt: ...liance with the demand is incomplete, a representation of inability to comply is inadequate, or an objection is without merit or too general. (Code Civ. Proc., § 2031.310(a).) As an initial matter, Defendant argues this Motion should be denied or held in abeyance while its Motion to Compel Arbitration is pending. However, as Plaintiff points out, a separate motion to stay is required; an action will not be stayed automatically upon the filing of...
2022.11.28 Motion to Dismiss or for Summary Judgment 440
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.11.28
Excerpt: .... City of San Ramon (2004) 120 Cal.App.4th 1141, 1145. However, the opposition demonstrates Plaintiff has retained new counsel as of 11/14/22, so the motion is denied as to this issue. As for Defendant's second argument, Code of Civil Procedure section 583.410(a) states, “(a) The court may in its discretion dismiss an action for delay in prosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to ...
2022.11.28 Motion to Consolidate 636
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.11.28
Excerpt: ...sonable monthly amount. The Court is inclined to make that sum equal to the amount of the Karimis' monthly mortgage, property tax, and insurance payments. The Court will hear argument from the parties at the hearing as to that amount. When there are actions involving common questions of law or fact pending, a court may order a joint trial of any or all of the matters in issue in the actions or may order all the actions consolidated, or may make s...
2022.11.28 Motion for Summary Judgment, Adjudication 528
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2022.11.28
Excerpt: ...lastic surgery Plaintiff received from Dr. Sadati at the Gallery of Cosmetic Surgery Professional Corporation. Plaintiff's operative Second Amended Complaint contains one remaining cause of action for professional negligence. Legal Authority: “Summary judgment is appropriate if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Hanson v. ...
2022.11.28 Motion to Compel Production 537
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2022.11.28
Excerpt: ...and one to compel a third party, Sylvia Wetzel, to comply with a subpoena. This ruling will encompass both matters. Motion to Compel as to Kimberly Wetzel There is no opposition brought on behalf of Kimberly Wetzel. However, Sylvia Wetzel has filed an opposition, based in part, on privacy. “The right of privacy protects against the unwarranted, compelled disclosure of private or personal information and ‘extends to one's confidential financia...
2022.11.28 Motion to Amend
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.28
Excerpt: ...have been the subject of discovery, and were the subject of a prior motion under CCP §3295. While Defendants could have challenged the complaint by demurrer or motion to strike, it filed an answer, and later filed an amended answer, neither of which mentions CCP §425.14. Indeed, when Plaintiff sought an order permitting financial discovery for purposes of punitive damages in July of 2021, Defendants likewise failed to cite the statute. The Cour...
2022.11.28 Motion for Terminating Sanctions, Monetary Sanctions
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.28
Excerpt: ...rocess,” such as “[f]ailing to respond or to submit to an authorized method of discovery” or “[d]isobeying a court order to provide discovery.” (C.C.P. §§ 2023.010; 2023.030.) C.C.P. § 2031.310(i) provides that if a party fails to obey an order compelling further responses to request for production of documents, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a te...
2022.11.28 Motion to Compel Deposition 818
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.11.28
Excerpt: ...ecord, Randall Koenig, of Koenig Law Firm. As an initial matter, the Court notes that Plaintiff filed an Amended Declaration of Mr. Rossini and Amended Notice of Motion and Motion, which was not served with 16 court days' notice. On Reply, Plaintiff advises that there were no substantive changes to the Amended Motion and it was provided simply to advise the Court of the parties' continued meet and confer efforts. Thus, the Court considers the Ame...
2022.11.23 Motion for Summary Adjudication
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2022.11.23
Excerpt: ...ctual emotional distress; (3) Gann's seventh cause of action for Unlawful Discrimination/Harassment based on Disability per Government Code §12940 fails because Leiba is not Gann's employer and/or Gann did not sustain any adverse employment action; and (4) Gann's eighth cause of action for Unlawful Discrimination/Harassment based on Age per Government Code § 12940 fails because Leiba is not Gann's employer and/or Gann did not sustain any advers...
2022.11.23 Motion for Attorney Fees
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2022.11.23
Excerpt: ...e prevailing party. It is also undisputed that Plaintiff is entitled to recover statutory fees for the wage and hour and FEHA claims on which Plaintiff prevailed. Defendants argue cursorily that “Plaintiff's sexual harassment claims are sufficiently distinct from her other claims to justify a reduction of fees,” but Defendants fail to justify or support that argument. (See Opp. at p. 4.) Attorney's fees need not be apportioned when the issues...
2022.11.23 Motion for Summary Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2022.11.23
Excerpt: ...bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of ac...
2022.11.23 Motion to Bifurcate
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2022.11.23
Excerpt: ...ssues. This type of severance order is commonly called “bifurcation.” Like other severance orders, bifurcation involves two separate trials in one action—i.e., a “liability trial” and then, if necessary, a “damages trial.” (Horton v. Jones (1972) 26 CA3d 952, 957.) The granting or denial of a motion to bifurcate lies within the sound discretion of the trial court. (Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504.) ...
2022.11.23 Motion to Reclassify
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2022.11.23
Excerpt: ...limited civil cases). ) The amount in controversy is the amount the plaintiff seeks to recover, excluding attorneys' fees, interests, and costs. (Code Civ. Proc. § 85.) Accordingly, the amount to be considered for jurisdiction includes punitive damages. The governing standard for reclassifying a case from unlimited to limited jurisdiction is found in W a l k e r v . S u p e r i o r C o u r t, 53 Cal. 3d 257 (1991). Under Walker, a trial court mu...
2022.11.22 Motion to Enforce Settlement 718
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2022.11.22
Excerpt: ...sted by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. [¶] (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: [¶] (1) The party. [¶] (2) An attorney who represents the party. [¶] (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's b...
2022.11.22 Application for Pro Hac Vice Admission, to Deem Matters Admitted, for Sanctions 553
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2022.11.22
Excerpt: ... (e). (See, declaration of Emily C. Finestone filed on 10-5-22 under ROA No. 426.) Moving Party is to give notice. Motion No. 2: Moving Party's (Paradigm Sports Management, LLC) unopposed Motion for an Order Deeming Matters Admitted by Defendant/Cross-Complainant Emmanuel Dapidran Pacquiao (Motion), filed on 7-29-22 under ROA No. 368, is GRANTED. Code of Civil Procedure section 2033.280, states, in part, “If a party to whom requests for admissi...
2022.11.22 Motion to Apply Virginia Law 663
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2022.11.22
Excerpt: ...approach generally involves three steps. First, the court determines whether the relevant law of each of the potentially affected jurisdictions with regard to the particular issue in question is the same or different. Second, if there is a difference, the court examines each jurisdiction's interest in the application of its own law under the circumstances of the particular case to determine whether a true conflict exists. Third, if the court find...
2022.11.21 Motion for Summary Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2022.11.21
Excerpt: ...aterial fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact.” (Civ...
2022.11.21 Application for Right to Attach Order, Writ of Attachment 584
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.11.21
Excerpt: ...plains, “The procedures and grounds for obtaining orders permitting prejudgment writs of attachment are governed by Code of Civil Procedure section 481.010 et seq. Generally, an order of attachment may be issued only in an action for a claim of money that is based upon an express or implied contract where the total amount of such claim is a fixed or ‘readily ascertainable' amount not less than $500. (§ 483.010, subd. (a).) [¶] Before an att...
2022.11.21 Demurrer 725
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.11.21
Excerpt: .... Facts This action stems from a dispute between a general contractor, Plaintiff Escobar, and its landscaping subcontractor, Defendant Marina, related to payment for work on a construction project. Plaintiff alleges: “In November 2021, Escobar Construction, as the general contractor, entered into a written contract (“the Contract”) with Defendants, who were subcontracors, whereby Marina Landscape Inc. agreed to install landscaping, drains a...
2022.11.21 Demurrer, Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2022.11.21
Excerpt: ... without leave to amend, DENIED, in part, and deemed MOOT, in part, as set forth below. Cross-Defendants are to file and serve an answer to the TACC as modified in accordance with this ruling, within 20 days. Cross-Defendants' request for judicial notice is GRANTED with respect to Exhibits 1-8 and 10-11, as to the existence of and legal effects of said records, but not as to the truth of any disputed facts asserted therein. (Ev. Code §452(d); Fo...
2022.11.21 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2022.11.21
Excerpt: ...at are merely duplicative of one another and which adds nothing to the Complaint by way of fact or theory. (Awards Metals, Inc. v. Superior Court, 228 Cal.App 3d 1128, 1135.) Here, Defendants argue that Plaintiffs' allegations of nuisance mirror their allegations of negligence citing El Escorial Owners' Assn. v. DLC Plastering, Inc. (2007) 154 Cal.App.4th 1337, 1349. In Opposition, Plaintiffs argue that causes of action for negligence and nuisanc...
2022.11.21 Demurrer, Motion to Strike 512
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.11.21
Excerpt: ...iff is granted 15 days leave to amend. 1st COA – Breach of Contract – SUSTAIN “To state a cause of action for breach of contract, a party must plead the existence of a contract, his or her performance of the contract or excuse for nonperformance, the defendant's breach and resulting damage.” (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 307. “A written contract may be pleaded either by its terms—set out verbatim in the ...
2022.11.21 Demurrer, Motion to Strike 659
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.11.21
Excerpt: ...t. Specifically, the Court invited briefing on whether Rains v. Superior Court (1984) 150 Cal.App.3d 933 has any impact on the Court's tentative ruling. For the reasons set forth below, the Demurrer is sustained in part and overruled in part, and the Motion to Strike is moot. [1] Defendant Herbert Lee, M.D.'s Demurrer to Plaintiff Rosanna Narvaez's Complaint is sustained in part and overruled in part. Having now reviewed the parties' supplemental...
2022.11.21 Motion for Attorney Fees 317
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2022.11.21
Excerpt: ...present evidence that four attorneys billed time on this matter: Brian J. Bickel at a rate of $665 per hour; Jordan K. Sannipoli at a rate of $585 per hour in 2022 and $565 per hour in 2021; Sharona Silver at a rate of $475 per hour in 2022 and $425 per hour in 2021; and John P. Myers at a rate of $515 per hour in 2022 and $475 per hour in 2021. (Myers Decl., ¶ 48.) Plaintiffs have presented sufficient evidence that the hourly rates charged by t...
2022.11.21 Motion for Attorney Fees, OSC Re Dismissal on Settled Case 964
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.11.21
Excerpt: ...– plus costs and expenses of $22,820.19. The Motion is GRANTED in part. The Court awards Plaintiff attorneys fees of $216,036.50 and costs and expenses of $22,820.19. As explained below, the Court calculated the fees using the lodestar method, but reduced the lodestar amount to account for duplication/inefficiency/overbilling by the nine attorneys and six unidentified (other than by initials) paralegals, law clerks and legal assistants who bill...
2022.11.21 Motion to Compel Arbitration 827
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2022.11.21
Excerpt: ...laintiffs”) oppose. For the reasons set forth below, the Court GRANTS the Motion. Legal Standards A party moving to compel arbitration under Code of Civil Procedure (“CCP”) section 1281.2 must establish that: 1. the parties entered into a written agreement to arbitrate; 2. one or more of the claims at issue are covered by that agreement; and 3. the responding party refused a prior demand for arbitration under the agreement of the claims at ...
2022.11.21 Motion for Summary Judgment 308
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.11.21
Excerpt: ...act and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Plaintiff is a title insurance company that issued a policy of title insurance to the Millers in connection with their purchase of the subject Carnation property in 2008. At the time of issuing the policy, plaintiff erred and did not address the existence of the Wells Fargo home equity line of credit deed of trust (HELOC ...
2022.11.21 Motion to Augment Expert Witness Designation 753
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.11.21
Excerpt: ... shall be made a sufficient time in advance of the time limit for the completion of discovery (the 15th day before the date initially set for trial) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. (Code Civ. Proc. §§ 2034.610, subd. (b) and 2024.020, subd. (a).) Under exceptional circumstances, the court may permit the motion to be made at a later time. (Code Civ. Proc., § 2034.610, subd. (...
2022.11.21 Motion to Compel Compliance with Production Request 449
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2022.11.21
Excerpt: ... party's statement of compliance, the demanding party may move for an order compelling compliance. (Code Civ. Proc., § 2031.320(a).) The Court deems the motion moot as Aptim's opposition shows that it has produced all documents responsive to Request No. 23. (See Miner Decl. [ROA 619], ¶¶ 2, 5-6, 8, Exs. A and C; Rankovich Decl. [ROA 615], ¶¶ 3-6.) While Plaintiff contends that 1,740 closeout packages exist (or 1,793 based on what is stated i...
2022.11.21 Motion to Compel Further Responses
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2022.11.21
Excerpt: ... objections were waived because responses were not timely served. Jaguar's counsel states in his declaration that he spoke with plaintiff's counsel on May 20, 2022 and was given a verbal extension to provide responses up through May 27, 2022. However, Jaguar does not attach a written agreement regarding the extension and does not state that a written agreement exists. CCP §2030.300(c) states that discovery responses can be served “on or before...
2022.11.21 Motion to Compel Further Responses 628
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.11.21
Excerpt: ...-222, 227-228, 233-234, 239-242, 247-250, 255-259, 264-268, 273-277, 282-286, 291- 295, 300-304, 309-313, 318-321, and 326-329 from Defendant American Honda Motor Co., Inc. (Defendant) and sanctions of $5,485.25 against Defendant and its counsel, jointly and severally is GRANTED in part as to requests 13, 32, 34, 38-39, 41-42, 46-47, 49-50, 56, 58-68, 73-75, 80-82, 87-89, 94-96, 101-103, 108-110, 115- 117, 122- 124, 129-131, 136-139, 144-148, 153...
2022.11.21 Motion to Compel Production 202
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.11.21
Excerpt: ...covery because a dispute leads a party to move for an order compelling [compliance with a discovery mechanism].” Clement v. Alegre, (2009) 177 Cal.App.4th 1277, 1291. Code of Civil Procedure section 2017.010 provides in relevant part that “[u]nless 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 a...
2022.11.21 Motion to Strike 918
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2022.11.21
Excerpt: ...Code, § 3294(a).) The statute defines “malice” to mean conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (Civ. Code, § 3294(c)(1).) The statute defines “oppression” to mean despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person...
2022.11.21 Motion to Strike Complaint 790
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2022.11.21
Excerpt: ...unsel. A motion to strike pursuant to sections 435 and 436 is subject to the deadlines stated therein. Specifically, a motion to strike may be served and filed “within the time allowed to respond to a pleading.” (Code Civ. Proc., § 435, subd. (b)(1).) This rule is reiterated in California Rules of Court, rule 3.1322, which states: “A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed,...
2022.11.21 Motion to Tax Costs 514
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.11.21
Excerpt: ...ed a memorandum of costs on 6/8/22 with costs totaling $39,321.13. The memorandum was served by email on 6/9/22. Defendants timely filed and served their motion to tax costs on 6/28/22. California Rules of Court, Rule 3.1700(b)(1), Code Civ. Proc. § 1010.6(a)(4). In the motion, Defendant concedes that Plaintiff is entitled to recover costs of $5,340.93 and moves to strike the remaining costs of $33,980.20. (Reply, pp. 6-7.) Under Code of Civil P...
2022.11.21 OSC Re Contempt 083
Location: Orange County
Judge: Strickroth, Michael J
Hearing Date: 2022.11.21
Excerpt: ...otice (“RJN”): Vivera's RJN of Exhibits B through D is GRANTED. Dalrada Defendants' RJN of Exhibits A and B is GRANTED. Merits: Code of Civil Procedure Section 1209, subdivision (a) provides in pertinent part: “The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court: (5) Disobedience of any lawful judgment, order, or process of the court.” “A contempt proceedi...
2022.11.18 Demurrer 198
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2022.11.18
Excerpt: ...pleaded in support thereof. (See Code Civ. Proc., §§ 430.801, 4582.) Demurrer is overruled as to this affirmative defense. 2nd Cause of Action: Judicial estoppel requires facts showing (1) the same party has taken two positions; (2) the two positions were taken in judicial or quasi-judicial administrative proceedings; (3) the party was successful in asserting the first position; (4) the two positions are totally inconsistent; and (5) the first ...
2022.11.18 Motion for Judgment on the Pleadings 294
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.11.18
Excerpt: ...the second through fifth causes of action is appropriate because those claims are barred by the economic loss rule. For the reasons set forth below, OCTC's motion is DENIED. The parties' requests for judicial notice are GRANTED. I. Factual Background The Court assumes the parties' familiarity with the facts of this matter and the related cases involving a mortgage fraud scheme perpetrated by Vinh Phan and his associates. As relevant here, Phan's ...
2022.11.18 Motion to Compel Arbitration 030
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.18
Excerpt: ...tions #1 and 3 to the Declaration of Carenna Vargas are overruled, #2 is sustained as to the first sentence and overruled as to the second sentence, and #4 is overruled as to the first sentence and sustained as to the second sentence. Defendant's Specific Objections to the Declaration of Eric Yaeckel are sustained in full. The case of Gamboa v. Northeast Community Clinic (2021) 72 Cal. App. 5th 158, 165, compels the denial of this motion. There, ...
2022.11.18 Motion to Change Venue 856
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.18
Excerpt: ...ons why the attendance of each would be inconvenient. Peiser v. Mettler (1958) 50 Cal. 2d 594, 607. Defendant's moving declarations simply provide, in ¶4 of attorney Lee's Declaration, “I anticipate that Plaintiff will require depositions from witnesses and/or experts that Defendant intends to call to trial. The depositions will require several trips to Fresno County to complete the several depositions of the following witnesses and/or experts...
2022.11.18 Motion to Compel Arbitration 203
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.11.18
Excerpt: ...o arbitrate the individual portion of her PAGA claim. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiff's PAGA claim. Defendants are free to renew this request upon completion of the arbitration. 3. The case is stayed pending completion of the arbitration. An arbitration review hearing will take place on July 26, 2023 at 8:30 a.m. in department CX-104. Defendants' unopposed request for ...
2022.11.18 Motion to Compel Arbitration and Dismiss Representative Claims, Stay All Civil Proceedings 364
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.18
Excerpt: ...nagement Conference set for January 13, 2023 is ordered off calendar. A Post- Arbitration Review Hearing is set for May 26, 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 by Stipulation and Order before the hearing or in their Joint Status Report if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual cl...
2022.11.17 Motion to Vacate Judgment 040
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.17
Excerpt: ...inion. The plaintiff filed this action in January 2015. The matter was tried to a jury in August 2017. Frost was awarded nothing. Her appeal from the judgment was dismissed when she failed to file a brief. Frost now claims, in essence, that she lost at trial because the defendant lied, and an important document was concealed from her and not introduced into evidence. It is unclear who actually concealed the document, but her suggestion is that it...
2022.11.17 Motion to Strike Complaint 750
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.17
Excerpt: ... a Short Continuance. (ROA 399.) The Court scheduled the Motion to Strike Complaint and Motion to Strike Answer to Cross-Complaint for November 17, 2022. (ROA 410.) The Ex Parte Application serves as the moving papers for the motions. (Ibid.) Dev Bakery and Colvin bring the motions pursuant to Code of Civil Procedure sections 435 and 436 on the ground that the Complaint and Answer to Cross-Complaint filed by Wonderland are not drawn in conformity...
2022.11.17 Motion to Strike Allegations 599
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.17
Excerpt: ...“L.C.” as a minor suing through his Guardian Ad Litem, Alexandra Cardenas, including (1) the caption; (b) page 1, lines 24 and 25 of the Complaint; and (3) paragraph 1, page 2, lines 5-6 of the Complaint. • All references to “L.C.” and/or “Minor-Plaintiff”, including at (1) the caption; (2) page 1, line 25; (3) paragraph 1, page 2, lines 5-6; (4) paragraph 11, page 3, line 22; and (5) paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 2...
2022.11.17 Motion to Stay Action 610
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2022.11.17
Excerpt: ...ew residential units where the purchase agreement with the buyer was signed by the seller on or after January 1, 2003.” (Civ. Code § 938.) It is undisputed that the Right to Repair Act applies here since Plaintiff made a claim under the statute. Civil Code § 910 requires that the homeowner “provide written notice via certified mail, overnight mail, or personal delivery to the builder, in the manner prescribed in this section, of the claiman...
2022.11.17 Motion to Quash Deposition Subpoenas 436
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.17
Excerpt: ...le, Inc.; (9) Stoneware Enterprises; and (10) Vicomptel Inc, Inc. Alternatively, Ho moves for an order modifying the subpoenas by limiting the scope to “business records associated with Plaintiff and Plaintiff's property located at 67 Interstellar, Irvine, CA 92618” and narrow the request for tax records to “invoices and receipts associated with Plaintiff and his 67 Interstellar, Irvine, CA 92618 property.” Ho also moves for monetary sanc...
2022.11.17 Motion to Enforce Settlement 702
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2022.11.17
Excerpt: ...gment in favor of Advantage and against Crown for all amounts due and owing under the terms of the Contract is GRANTED. Advantage moves pursuant to Code of Civil Procedure Section 664.6. Code of Civil Procedure Section 664.6 provides in pertinent part: “(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, t...
2022.11.17 Motion to Compel Arbitration 862
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.17
Excerpt: ...ties' dispute. Authority A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. (Code Civ. Proc., § 1281.2.) “The trial court may resolve motions to compel arbitration in summary proceedings, in which ‘[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bea...
2022.11.17 Motion to Compel Arbitration 742
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2022.11.17
Excerpt: ...ration, for the reasons set forth below. Defendant Express Services, Inc. (ESI) moves to compel Plaintiff to binding arbitration of his individual PAGA claims and seeks dismissal of his representative PAGA claims. Defendant Jellco Container, Inc. (Jellco) joins in the Motion. The Court SUSTAINS ESI's objections (ROA 70) to the ROA 62, Sorroza Declaration as to the portion of his statement “containing materials shipped and received all throughou...

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