Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

15360 Results

Location: Orange County x
2021.07.29 Motion to Compel Further Responses 141
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.07.29
Excerpt: ...Corp 6. Motion to Compel Response to Requests for Admissions filed by Plaintiff Balboa Capital Corp 7. Motion to Compel Production filed by Plaintiff Balboa Capital Corp 8. Motion to Compel Production filed by Plaintiff Balboa Capital Corp MOTION NO. 1 Balboa Capital Corporation's motion to compel defendant Maman L. Ali, an individual, to provide further verified responses to Balboa's Form Interrogatories, Set No. One, is GRANTED. Code of Civil P...
2021.07.29 Motion to Compel Arbitration 631
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.07.29
Excerpt: ...ate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: ¶ (a) The right to compel arbitration has been waived by the petitioner; or ¶ (b) Grounds exist for rescission of the agreement. ¶ (c) A party to the arbitration agreement ...
2021.07.29 Motion to Compel Arbitration 164
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.07.29
Excerpt: ...mpel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement. . . “ Civ. Proc. Code § 1281.2. “The party seeking to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by [a] preponderance of the evidence.” Bridge Fund Capital Corp. v. Fastbucks Franchise Corp., 622 F.3d 996, 1005 (9th Cir. 2010) (internal quotation marks and citation omitted). “[T]h...
2021.07.29 Motion for Summary Judgment 553
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.07.29
Excerpt: ...ecause of his race and sex, that he was dismissed from his job because he disclosed and complained about unlawful activities within the Program, and that he was not afforded the full complement of due process rights and protections due to him. In his second amended complaint, he alleges six causes of action (listed by their cause of action numbers in the amended complaint; the first cause of action was dismissed by court order): 2. Discrimination...
2021.07.29 Motion for Leave to Amend 185
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.07.29
Excerpt: ...f. A party seeking leave to amend a pleading already at issue must seek leave of court by way of noticed motion.  CCP §473(a)(1).  The moving party must include the proposed amended pleading with the moving papers and specify, by page, paragraph and line number, the allegations proposed to be deleted and added.  In addition, the moving party must file a separate declaration which specifies: “(1) the effect of the amendment; (2) why the a...
2021.07.29 Motion for Attorney Fees 451
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.07.29
Excerpt: ...s void].) Arguments made by the defendants and their counsel to undermine the holding in Moore are frivolous. The motion for attorney fees and costs against attorney Randy Vogel is DENIED. In his opposition to the attorney fees request against the plaintiff, Vogel suggests that the request for attorney fees against him is sanctionable conduct. However, Vogel is represented by counsel who did not make a request for an award of sanctions in Vogel's...
2021.07.29 Demurrer 890
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.07.29
Excerpt: ...laims alleged against PPII and addressed in the parties' papers. 1st cause of action for Conversion. “Conversion is the wrongful exercise of dominion over the property of another. The elements of a conversion claim are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or disposition of property rights; and (3) damages. Conversion is a strict liability tort. The foundation of ...
2021.07.29 Demurrer 841
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2021.07.29
Excerpt: ...t and confer with Defendants prior to filing the demurrer was insufficient. Plaintiff was required to identify all of the specific defenses believed to be subject to demurrer and identify with legal support the basis of the deficiencies. §430.41(a)(1). Plaintiff failed to satisfy this mandate. Defendant failed to respond to plaintiff's perfunctory meet and confer attempt. However, because a determination that the meet and confer process was insu...
2021.07.29 Motion to Compel Arbitration, Demurrer, Motion to Strike 327
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2021.07.29
Excerpt: ...ong-Beverly Consumer Warranty Act – Breach of Express & Implied Warranty” against the manufacturer, Hyundai Motor America. The dealer, Westlake Imports, is not a party to this action. Defendant contends this case is subject to arbitration based on the following language from the Retail Installment Sale Contract (“Contract”) between Plaintiff and the third-party dealer: “ARBITRATION PROVISION PLEASE REVIEW – AFFECTS YOUR LEGAL RIGHTS 1...
2021.07.28 Motion for Relief from Deeming RFAs Admitted, for Leave to File Complaint, Amended Answer, Summary Judgment 349
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2021.07.28
Excerpt: ... for Admissions Admitted. Defendants' Motion for Relief from an Order Deeming Request for Admissions Admitted is GRANTED. A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties. (Code Civ. Proc., § 2033.300(a).) Withdrawal or amendment of an admission is permitted only if it determines that the admission was the result of mistake, inadvertence, or excusabl...
2021.07.28 Motion for Leave to Re-file and Re-Record Lis Pendens, for Leave to Amend 601
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2021.07.28
Excerpt: ...iff to file the proposed First Amended Complaint, and Plaintiff's Motion for Leave to Amend is DENIED. Procedural Requirements A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph,...
2021.07.28 Motion to Compel Answers 845
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2021.07.28
Excerpt: ...bed the civil discovery process: The Civil Discovery Act provides litigants with the right to broad discovery. In general, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evi...
2021.07.28 Motion to Compel Arbitration 051
Location: Orange County
Judge: Slaughter, Fred W.
Hearing Date: 2021.07.28
Excerpt: ...to submit to arbitration ... a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. Section 1281.2 provides in relevant part: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respon...
2021.07.27 Motion to Compel Compliance with Request for Production of Docs 995
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2021.07.27
Excerpt: ...es, Inc.) with “. . . twenty-two requests for production of documents . . . .” (Urgoiti Decl. (ROA No. 116), ¶ 2.) On 10-2-20, Defendant served Plaintiffs with responses to this discovery request. (Urgoiti Decl. (ROA No. 116), ¶¶ 2 and 3 and Exhibits 1A and 1B.) “In response to each request the ITWS Defendants and Phoenix Defendants indicated they would, ‘produce at a mutually convenient time and place, such responsive, unprivileged do...
2021.07.27 Motion for Summary Judgment 573
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2021.07.27
Excerpt: ...as met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4 th 826, 850-851 (fns. 13 and 14 omitted), states, “Second, and generally, the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issu...
2021.07.27 Motion for Judgment on the Pleadings 718
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2021.07.27
Excerpt: ...including Guy, were suspended by Judge David Belz in Department C-10, effective immediately. (See Supplemental Declaration of Alexander Conti, ¶ 3, attached hereto.) Judge Belz appointed Frank Fiorito (‘Fiorito') as the interim sole trustee of the family trust dated August 20, 1995, and amendments thereto (‘Foresman Trust'), for all purposes.” (Further Reply; 1:7- 11.) The court recognizes that Cross-Complainant (Guy Foresman) and the othe...
2021.07.27 Motion for Attorney Fees 110
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2021.07.27
Excerpt: ...governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs.” Plaintiff's Complaint pleads that Defendant failed to pay monthly and special assessments in compliance with the applicable Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Santiago Springs. (For example, see Complaint, ¶¶ 8-15.) Therefore, the present action is an action to enforce governing documents. (Civ....
2021.07.26 Motion to Strike 570
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.07.26
Excerpt: ...l foundation. (Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63; see also Code Civ. Proc., § 436.) To plead a claim to recover punitive damages, a plaintiff must plead and show one of the following bases for imposition of exemplary damages, i.e. malice, oppression, or fraud. (Civ. Code, § 3294(a).) “Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant wi...
2021.07.26 Motion to Compel Answers, Production of Docs 049
Location: Orange County
Judge: Oberholzer, Richard
Hearing Date: 2021.07.26
Excerpt: ...a lawyer may withdraw if “the client by other conduct renders it unreasonably difficult for the lawyer to carry out the representation effectively”. Rule 1.16(b)(5) also permits a lawyer to withdraw if a “client breaches a material term of an agreement with, or obligation, to the lawyer relating to the representation, and the lawyer has given the client a reasonable warning after the breach that the lawyer will withdraw unless the client fu...
2021.07.26 Motion for Summary Judgment, Adjudication 337
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.07.26
Excerpt: ...e that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid.Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant moving for summar...
2021.07.26 Motion for Summary Adjudication 668
Location: Orange County
Judge: Hoffer, David A
Hearing Date: 2021.07.26
Excerpt: ...judgment must “show” that either one or more elements of the “cause of action … cannot be established”, or there is a complete defense to that cause of action. (CCP § 437c(p)(2).) Once defendants meet this burden, the burden shifts to plaintiff to prove the existence of a triable issue of fact regarding that element of its cause of action or that defense. If plaintiff is unable to do so, defendants are entitled to judgment as a matter ...
2021.07.26 Motion for Leave to File Complaint 590
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.07.26
Excerpt: ...that Minuteman worked on the pipes before the flood and it only recently discovery evidence of same. A defendant can file a cross-complaint against a codefendant or third person not yet a party to the action only if the cause of action asserted “(1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy wh...
2021.07.26 Demurrer, Motion to Strike 815
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.07.26
Excerpt: ...o Welfare and Institutions Code section 15600, et. seq.) Defendants contend that the Fourth Amended Complaint fails to allege facts to show that Defendants had a custodial relationship with the decedent. In order to allege “neglect” or “abuse” under the Elder Abuse and Dependent Adult Civil Protection Act (“EADACPA”, Welf. & Inst.C. § 15600 et seq.), plaintiff must begin by alleging that the defendant had “care or custody” of the...
2021.07.26 Demurrer, Motion to Strike 760
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2021.07.26
Excerpt: ...t. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) The elements of an IIED claim are: (1) defenda...
2021.07.26 Demurrer 594
Location: Orange County
Judge: Zeltzer, Nancy
Hearing Date: 2021.07.26
Excerpt: ...aintiff's FAC alleges she was an elderly woman who could not speak English and was drawn to Defendants' store by radio advertisements. (¶ 7.) Plaintiff could not sleep well and needed a bed to help her sleep through the night. (¶ 8.) When she went to Defendant Teletron's store, the sales manager, Defendant No Hoang, told Plaintiff the bed could cure many medical conditions, including the problem Plaintiff had of not sleeping well at night. (¶ ...

15360 Results

Per page

Pages