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15360 Results

Location: Orange County x
2021.12.17 Demurrer, Motion for Leave to File Demurrer 125
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.12.17
Excerpt: ...ous case citations. If the parties believe they need more room to make their arguments than the Rules of Court permit, the proper course is to seek permission to file an overlong brief, not to relegate substantive argument and important supporting authority to single-spaced footnotes, which is the equivalent of filing an overlong brief without permission. I. Background As alleged in the FAC, Empirian is a health care claims company that assists i...
2021.12.17 Demurrer 242
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.12.17
Excerpt: ... Order Granting Plaintiffs' Motion for Approval of PAGA Settlement and Final Judgment Thereon filed on March 9, 2018 defined aggrieved employees to include “any and all employees of Maruchan Inc., who performed work at any Maruchan facility in California during the time period running from April 14, 2014 through March 8, 2018”. Plaintiff alleges in paragraph 18 of her First Amended Complaint, “Plaintiff was hired in August 2015 and worked u...
2021.12.17 Demurrer 280
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.12.17
Excerpt: ...e § 1786]), the Consumer Credit Reporting Agencies Act (“CCRAA” [Civ. Code § 1785]), and Cal. Bus. & Prof. Code § 17200. Through today's motion, Accurate seeks an order sustaining its demurrer on the grounds the SAC fails to state sufficient facts to state a cause of action. (CCP § 430.10(e).) Defendant's Demurrer to the Second Amended Complaint is OVERRULED in part and SUSTAINED in part. Defendant's counsel provides evidence of a meet an...
2021.12.16 Motion for Leave to File FAC 943
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...ed as Exhibit A to the Complaint. “Schedule A” attached to the note shows interest totaling $29,811.55. The Complaint states Defendant made the first two payments, albeit late, but failed to make the last and final payment which was due on 9/30/20. The Court overruled Defendant's demurrer on 4/22/21. Defendant answered on 5/28/21. Proof of Service: There was no proof of service filed or attached to the motion. There was also no opposition. Pl...
2021.12.16 Demurrer 079
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...pertinent part, as follows: “Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically provided in Sections 3602, 3706, and 4558, shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment and for the death of any employee if the injury proximately causes...
2021.12.16 Demurrer 944
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2021.12.16
Excerpt: ... The complaint sufficiently alleges foreseeability, as it alleges that Defendant knew – unlike the John Y. defendant in John Y. –that Fishbaugh had previously engaged in sexual relations with at least one other resident at the facility (Compl. ¶ 27) and Defendant let Fishbaugh be alone with Plaintiff and to dispense medications to her (Compl. ¶ 28). It is not so “unusual or startling that it would seem unfair to include the loss resulting...
2021.12.16 Motion for Award of Fees and Costs 223
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.12.16
Excerpt: ...) 39 Cal.App.4th 1379, 1383; Christian Research Institute v. Alnor (2008) 165 Cal.App.4th 1315, 1320 [“The defendant may recover fees and costs only for the motion to strike, not the entire litigation.”].) And such fees cannot be claimed by an attorney representing himself or a law firm represented by the firm's attorneys. (Witte v. Kaufman (2006) 141 CA4th 1201, 1207- 1211; Taheri Law Group v. Evans (2008) 160 Cal.App.4th 482, 494.) Fees her...
2021.12.16 Demurrer 192
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.12.16
Excerpt: ...3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994. “Face of the complaint” includes matters shown in exhibits attached to the complaint and incorporated by reference. Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94; Barnett v. Fireman's Fund Ins. Co. (2001) 90 Cal.App.4th 500, 505 (“[W]e rely on and accept as true the contents of the exhibits and treat as surplusage the pleader's allegations as to the legal effect...
2021.12.16 Motion for Preliminary Approval of Class Action Settlement 329
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2021.12.16
Excerpt: ...ettlement agreement”, to avoid use of limited Court time and resources. As to the Settlement 1. Was the LWDA served with the moving papers? Proof of service is to be filed with the court including the proof(s) of service required under this Order below. 2. The PAGA Notice to the LWDA and all amendments must be submitted to the Court. 3. The estimated class size appears to be as of November 2019. Ackermann Decl., ¶4. What, if anything, has been...
2021.12.16 Motion to Compel Arbitration 038
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2021.12.16
Excerpt: ...281.2). "The 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 bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; See also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Questions of the enforc...
2021.12.16 Motion to Compel Deposition, for Protective Order 795
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...iled two motions in a single moving document, with only one reservation, and only one filing fee paid. The court orders Defendants to pay the additional filing fee within 5 days. 1. Motion to Compel CCP § 2025.480(a) states: “(a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpo...
2021.12.16 Motion to Dismiss Class Claims and Compel Arbitration 274
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2021.12.16
Excerpt: ...fendants' objections to the Rios Declaration (ROA 80) in opposition to the Motion to Compel Arbitration. The Court GRANTS Defendants' request for judicial notice in support of the Motion to Compel Arbitration (ROA 48) and Plaintiff's request for judicial notice in opposition to the Motion to Stay (ROA 72). Motion to Compel Arbitration For the reasons which follow, the motion to dismiss the class claims, and to compel arbitration of Plaintiff's in...
2021.12.16 Motion to Strike 228
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2021.12.16
Excerpt: ...e to amend. The motion to strike is DENIED. Defendants shall file an Answer within 10 days. DEMURRER Meet and Confer: The parties met and conferred via telephone and could not agree on the issues. (Code Civ. Proc., § 430.41.) (Plummer Decl., ¶ 3.) First Cause of Action – Breach of Written Contract: This claim is being made by Caldarella and CCI against Neal Weisman and Interactive. “To prevail on a cause of action for breach of contract, th...
2021.12.16 Motion for Summary Adjudication 428
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...defaulted on two business loans and that Defendant is obligated to pay on the remaining outstanding balance on the loans such that Plaintiff is entitled to summary adjudication on the First and Third Causes of action in this collection action. The motion is unopposed. A plaintiff has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to ju...
2021.12.14 Motion for Leave to Intervene 012
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2021.12.14
Excerpt: ...ction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. [¶] (2) The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the su...
2021.12.14 Demurrer 004
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2021.12.14
Excerpt: ...y 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 justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4...
2021.12.14 Motion for Judgment on Writ Petition 536
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2021.12.14
Excerpt: ... to Code of Civil Procedure section 1085. (Motion; 5:12- 23.) Code of Civil Procedure section 1085, subdivision (a), states, “A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the...
2021.12.14 Motion to Compel Answers 482
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.12.14
Excerpt: ...mental responses were served and further meet and confer efforts took place. The main issue is whether the supplemental responses are proper. Conteas served the subject Form Irogs as the defendant on the complaint by plaintiff. (See Liberto Decl., Exh. 2, Form Irogs.) Additionally, the “Incident” refers to the dispute over the payment of legal fees. (Ibid.) The Form Irogs do not indicate that information is being sought with regard to Conteas...
2021.12.14 Motion for Summary Judgment 674
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2021.12.14
Excerpt: ...use Plaintiff has no standing to assert that claim. Pursuant to Civil Code section 5975, subd. (a) a party must be either an “owner of a separate interest,” an “Association,” or “both” in order to enforce equitable servitudes such as covenants, conditions and restrictions (“CC&Rs”). Plaintiff fits no such description, by his own admission, and he thus lacks standing to purse this claim. THIRD COA (Nuisance) Issue No. 2: The GARRUB...
2021.12.14 Motion to Compel Further Responses 555
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2021.12.14
Excerpt: ...g apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] A representation of inability to comply is inadequate, incomplete, or evasive. [¶] An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with both of the following: [¶] (1) The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. [¶] (2) The motion shall ...
2021.12.14 Motion to Seal Portions of Response 985
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2021.12.14
Excerpt: ... of the parties. [¶] (b)(1) A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” California Rules of Court, rule 2.550, subdivision (d) states, “The court may order that a record be filed under seal only if it expressly finds facts that estab...
2021.12.13 Petition to Compel Arbitration and Stay Proceedings 704
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.12.13
Excerpt: ...If met, the burden then shifts to the resisting party “to demonstrate that an arbitration clause cannot be interpreted to require arbitration of the dispute.” Buckhorn v. St. Judge Heritage Medical Group (2004) 121 Cal.App.4th 1401, 1406. “Any doubt on the issue must be resolved in favor of arbitration.” Id. Here, Ex. A to the Declaration of Erick J. Becker is the signed Arbitration Agreement. Plaintiff does not dispute the existence of t...
2021.12.13 Motion to Terminate Prior Stay Pending Arbitration and Set Matter for Trial
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2021.12.13
Excerpt: ...Mark D. Homes (“Defendant”) to be appropriate throughout the course of this matter. First, the court ordered the parties to arbitration on 10/21/19. ROA #20. Despite that order, it was represented that parties had agreed to first proceed with mediation. Plaintiff did not appear at three of the four ADR status conferences, did not appear at or oppose the motion to compel arbitration, and never notified the court of any potential issues pertain...
2021.12.13 Motion to Tax Costs 476
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.12.13
Excerpt: ...he party contesting them to show that they were not reasonable or necessary. (Foothill-De Anza Comm. College Dist. v. Emerich (2007) 158 Cal.App.4 th 11, 29; Wagner Farms, Inc. v. Modesto Irrigation Dist. (2006) 145 Cal.App.4 th 765, 773- 74.) The party challenging costs does not meet this burden by arguing that the costs were not necessary or reasonable, but must present evidence and prove that the costs are not recoverable. (Seever v. Copley Pr...
2021.12.13 Motion to Quash Summons
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2021.12.13
Excerpt: ...ndants have their places of incorporation and principal places of business in California. (Daimler AG v. Bauman (2014) 571 U.S. 117, 136-138; accord 10/13/21 Bovard decl. ¶¶ 3-6, 25-42.) Nor have plaintiff shown these defendants (except Bovard) are subject to specific jurisdiction in California. “‘[S]pecific jurisdiction is confined to adjudication of issues deriving from, or connected with, the very controversy that establishes jurisdictio...

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