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15360 Results

Location: Orange County x
2024.02.23 Motion for Summary Judgment
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.02.23
Excerpt: ...rcise, (2) a breach of the duty, (3) a proximate causal connection between the negligent conduct and the injury, and (4) resulting loss or damage.” (Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305.) “In professional malpractice cases, expert opinion testimony is required to prove or disprove that the de fendant performed in accordance with the prevailing standard of care [citation], except in cases where the negligence is obvious to...
2024.02.23 Motion for Attorney Fees, to Strike or Tax Costs 931
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.23
Excerpt: ...ss unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both. (b) A governing document other than the declaration may be enforced b y the association against an owner of a separate interest or by an owner of a separate interest against the association. ...
2024.02.23 Application for Right to Attach Order and Writ of Attachment
Location: Orange County
Judge: Hesseltine, David J.
Hearing Date: 2024.02.23
Excerpt: ...he attachment is greater than zero . (See Code Civ. Proc., §§ 483.010 and 484.090; see generally King Decl.; Vanecek Decl., ¶ 3, Exh. F at 80:10 -18; verified application at ¶ 4). The court also finds Apex has shown a probability of prevailing on its contractual claim against Christiansen. “[T]he elements of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperform...
2024.02.23 Demurrer to FAC 697
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.23
Excerpt: ... to challenge defects that appear within the “four corners” of the pleading – which includes the pleading, any exhibits attached, and matters of which the court is permitted to take judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) Limited to the “four corners” as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, i...
2024.02.23 Demurrer, Motion to Strike 088
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.23
Excerpt: ...m Pleading Defendants argue that Plaintiff should n ot be allowed to amend his pleadings because the facts alleged regarding the amount due is incorrect and any subsequent complaint will be a sham. Under the sham pleading doctrine, the trial court may disregard amendments that omit harmful allegations in the original complaint or add allegations inconsistent with it. (State of California ex rel. Metz v. CCC Information Services, Inc. (2007) 149 C...
2024.02.23 Motion for Approval of PAGA Settlement 787
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.23
Excerpt: ...009) 46 Cal.4th 969, 986 . PAGA settlements are subject to trial court review “to determine whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The court has reviewed and considered the papers filed in support of plaintiff's motion for approval of ...
2024.02.23 Motion for Approval of PAGA Settlement 890
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.23
Excerpt: ... under the Labor Code against Defendant Ladera Lending, Inc . (Defendant) and Does 1-10. ROA 2, Complaint. On March 8, 2023, Plaintiff filed an amended class action complaint adding a PAGA claim (FAC). ROA 33, FAC. On May 12, 2023, Plaintiff sought dismissal of the class claims without notice to the class. See generally, ROA 42, Bradley Decl. Plaintiff represents that he signed an arbitration agreement with Defendant. ROA 52, Bradley Decl., ¶2....
2024.02.23 Demurrer 317
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.02.23
Excerpt: ...f the Eighth Cause of Action in Plaintiff's Complaint ROA 186 Before the Court are two dem urrers to the complaint of Plaintiff Glenn Knott, as well as a motion to strike. Defendants Albertsons Companies, Inc. and The Vons Companies, Inc. (collectively, “Vons”) demur to the class allegations in Knott's complaint on the ground that the class clai ms (but not Plaintiff's individual claims) are barred by a class settlement in an action file...
2024.02.23 Motion for Bifurcation 305
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.23
Excerpt: ...or [¶] (2) They have a claim, right, or interest adverse to the defendant in the property or controversy which is the subject of the action.” (Code Civ. Proc., § 378, subd. (a), emphasis added.) “It is not necessary that each plaintiff be interested as to every cause of action or as to all re lief prayed for. Judgment may be given for one or more of the plaintiffs according to their respective right to relief.” (Id., § 378, subd. (b).) S...
2024.02.23 Motion for Preliminary Approval of Class Action Settlement 337
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.23
Excerpt: ...mount be added to the gross settlement amount? How will the class mem bers be advised of this potential change in the settlement amount? If defendants have not paid the late fees, when will they do so? 2. Paragraph 4(e) of the Second Amended Settlement Agreement (ROA 459, Ex. 1) states defendants may void the settlement i f the number of persons who submit requests for exclusion is equal to or in excess of 10% of the total number of persons to wh...
2024.02.23 Motion for Determination of Good Faith Settlement
Location: Orange County
Judge: Recio, Sheila
Hearing Date: 2024.02.23
Excerpt: ...e court on the basis of affidavits served wit h the notice of hearing and any counteraffidavits filed in response. (Id. at § 877.6(b).) A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co -obligor from any further claims against the settling tortfeasor or co -obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or compa...
2024.02.23 Motion for Preliminary Approval of Class and PAGA Action Settlement 589
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.23
Excerpt: ... versions must be provided as ordered. (ROA 260.) As to the Settl ement (Issue Numbers below are carried over from the Court's prior order (ROA 260): 1. The proof of service on the LWDA does not include a fully executed settlement and none is before the Court. Counsel explains the parties “intend” to file it prior to the hearing (Decl. ¶ 3 n.1), which at any rate would be untimely, but as of 02 -2124, an executed settlement has not been fi...
2024.02.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 807
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.23
Excerpt: ...led in support of the motion (ROA 187, 194 and 197) do not reflect servi ce on the LWDA. Plaintiff must file a proof of service identifying the specific documents served on the LWDA, when plaintiff served the documents, and how service was effected. 2. The motion does not provide sufficient information for the court to evaluat e whether the consideration being received for the release of class members' claims is reasonable in light of the stre...
2024.02.23 Motion for Modification of Verdict or for New Trial 671
Location: Orange County
Judge: Knill, Kimberly
Hearing Date: 2024.02.23
Excerpt: ...costs pursuant to Code of Civil Procedure sec tion 998, subdivision (c)(1). According to defendant's opposition (ROA 202), defendant made two written offers to settle the case: (1) a written offer for $50,000 served by mail on December 8, 2021, when the plaintiff was representing herself (Exhibit A to opposition); and (2) a written offer for $65,000 served electronically on January 23, 2023 when plaintiff was represented by counsel (Exhibit D to ...
2024.02.23 Motion for Final Approval of Class Action Settlement 439
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.23
Excerpt: ...Plaintiff's counsel should submit a declaration i n support of the requested attorneys' fees and litigation costs that includes: a. A statement that the hourly rate for each attorney is the reasonable and usual hourly rate charged by that attorney for similar services; b. The total number of hours worked by each attorney on the case; and c. If fees are sought for paralegals, verification that each paralegal meets the requirements of Business & P...
2024.02.22 Motion for Change of Venue, to Compel Further Responses 297
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22
Excerpt: ...hen she was hit by a tightly rolled -up T -shirt fired into the crowd by a T -shirt cannon from one of the boats. The complaint alleged that venue is proper here because defendants either live or do business in Orange County and the tortious acts occurred in this county. On June 20, 2023, Sonia Atkins was su bstituted into the case as a self -represented litigant. (ROA 67.) Her husband, Christopher Atkins was admitted into the case as a party pl...
2024.02.22 Demurrer 210 (2)
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.22
Excerpt: ...15610.07, subd. (b), 15610.57, subd. (b); Delaney v. Baker (1 999) 20 Cal.4th 23, 34, 82); (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs (Sababin v Superior Court (2006) 144 Cal.App.4th 81, 85, 90); and (3) denied or withheld goods or services necessary to meet the elder or dependent adult's basic needs, either with knowledge that injury was substantially certain to befall the e...
2024.02.22 Demurrer 297
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.22
Excerpt: ...ike the general demurrer to a complaint, the inquiry is not into the statement of a cause of action but whether the answer raises a defense to the plaintiff's stated cause of action. (Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal.App.3d 873, 879 -880.) Plaintiffs demur to the 15th Affirma tive Defense on the grounds that CCP §340.5 is listed among several statutes of limitation and that it does not apply because it pertain...
2024.02.22 Demurrer 482
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22
Excerpt: ...ssues. They allege the sellers also failed to disclose other substantial defects t hey knew about, but that the plaintiffs were only able to discover during a remodel. The demurring defendants are the real estate agents for the sellers. A real estate agent may be held liable for misrepresentation if the agent knew of the issue and did not disclose it. (Lingsch v. Savage (1963) 213 Cal.App.2d 729, 736.) The general allegations of misrepresentation...
2024.02.22 Demurrer to FAC
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.22
Excerpt: ... fifth cause of action (IIED) is SUSTAINED without leav e to amend. Third Cause of Action (Violation of Civil Code Section 51) The court sustained the demurrer to the Complaint's third cause of action, ruling that “Plaintiffs' conclusory allegations do not allege sufficient facts demonstrating a discriminatory motivating reason for defendant's alleged conduct.” (ROA 55.) The FAC addresses that defect and states a claim for violation of the U...
2024.02.22 Demurrer, Motion to Strike
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.22
Excerpt: ... Vehicle suffered from a number of defects during the warranty period, Defendants' authorized repair facilities returned it to Plaintiff after a number of repair attempts with assurances that the problems had been fixed. (FAC, ¶¶ 42 -49.) While Plaintiff alleges that Plaintiff delivered the car for repairs at least 6 times from 2017through 2021. (Id.) “[U]nder the delayed discovery rule, a cause of action accrues and the statute of limitatio...
2024.02.22 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.22
Excerpt: ...ificity: (1) a misrepresentation, (2) knowledge o f its falsity, (3) intent to defraud, 4) justifiable reliance, and (5) damages. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 (specific pleading requirement for fraud necessitates pleading facts that show the how, where, when, and who of the fraudul ent conduct).) In cases against corporate employers, Plaintiff must “allege the names of the persons who made the allegedly fraudulent repr...
2024.02.22 Motion for Attorney Fees 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Excerpt: ...er prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” To determine the appropriate fee award under Civil Code section 1794, the...
2024.02.22 Motion for Attorney Fees 049
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Excerpt: ...al sought by this Motion is $76,866. The Song -Beverly Consumer Warranty Act pr ovides remedies for consumers that have purchased, among other consumer goods, new vehicles. Remedies include the right to recover “damages and other legal and equitable relief.” (Civ. Code, §1794, subd. (a).) Further, any buyer that prevails in an action brought under the Act shall recover “attorney's fees based on actual time expended, determined by the court...
2024.02.22 Motion for Attorney Fees 054
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Excerpt: ...hich was denied the next day on 7/25/2023 without any argument. After a two day jury trial on 7/25/2023 and 7/26/2023, Judgment was entered in favor of Plaintiff and against Defendant in the amount of $23,168.23. On 8/2/2023 Defendant filed a Motion to Stay Execution of the Judgment, which was denied on 12/7/2023. That motion was unopposed. 8/7/2023 Plaintiff filed a Memorandum of Costs in the amount of $724.60. 8/10/2023 Plaintiff filed this ...
2024.02.22 Demurrer 446
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.22
Excerpt: ...chool Dist., (2003) 112 Cal.App.4th 904, 909 [“John R. m akes it clear that a teacher's sexual abuse of a child is not an act for which a school district may be held responsible.”].) Plaintiff makes no argument in the Opposition that the District can be vicariously liable for the conduct of Mills in sexually abu sing Plaintiff. However, as both parties recognize, the District can be vicariously liable for the negligent conduct of its empl...
2024.02.22 Motion for Summary Judgment 098
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Excerpt: ...imination in violation of the Fair Employment and Housing Act (“FEHA”) (Govt. C ode § 12940(a)) is without merit because Plaintiff was not constructively discharged and therefore, cannot make out a prima facie cause of action. ISSUE NO. 2: The first cause of action for pregnancy discrimination in violation of FEHA is without merit b ecause Plaintiff was not subjected to any adverse employment action and therefore, cannot make out a prima fa...
2024.02.22 Motion for Summary Judgment
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.22
Excerpt: ...that the breach proximately caused the plaintiff's injuries. (See Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1159.) The existence of duty is a question of law for the courts. (Isaacs v. Huntington Mem. Hosp. (1985) 38 Cal.3d 112, 124.) Civil Code section 1714, subdivision (a), provides that “[e]very one is responsible . . . for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her prop...
2024.02.22 Motion for Summary Judgment, Adjudication 061
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.22
Excerpt: ... second Hariri Decl., filed in support of cross- complainant's supplemental Opposition on 1 -5 -24, nor crossdefendants' objections to same. The original hearing was continued solely due to crosscomplainant's failure to provide an opposing separate statement, and the court specifically ordered that no new evidence was permitted. (See 12 -14 -23 min ute order continuing hearing (ROA 669).] 1st cause of action: professional negligence (Summary Ad...
2024.02.22 Motion to Compel Arbitration 047
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.02.22
Excerpt: ...th Code Civ. Proc. §1290.4. The basic provisions of the California Uninsured Motorist Act are embodied in Ins. C. §§ 11580.2 - 11580.5. California Insurance Code § 11580.2 requires insurers to provide coverage for bodily injury or wrongful death caused by uninsured or underinsured motorists. Subdivision (f) of § 11580.2 provides that if the insurer and the insured cannot agree whether the insured is legally entitled to recover damages from a...
2024.02.22 Motion to Compel Deposition of PMQs 422
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.22
Excerpt: ...for RFP Nos. 9 -13, 27, 30 -35, and 39 -40. The reply does not meanin gfully attempt to argue contra. The Court has thus ruled here on those categories and RFPs only. For the PMQ categories, the Motion is GRANTED IN PART for Category Nos. 9 and 10, as to GM's warranty policy/procedure manuals or claim handling manuals for the period between Plaintiff's date of purchase and the date of suit, only, and for Category No. 22, also as to the reason or ...
2024.02.22 Motion to Compel Further Responses 109
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.22
Excerpt: ...e, or evasive; (3) An objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) The moving party must “set forth specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310(b)(1).) “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact -specific showing...
2024.02.22 Motion to Compel Further Responses 361
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22
Excerpt: ... request for accommodation to work remotely. Defend ant's request for production of documents no. 10 asks for all posts she has made on her social media accounts concerning this lawsuit or the complaint. The plaintiff effectively concedes this request is proper and may lead to the discovery of admissible e vidence. Indeed, her opposition to the motion does not even address it. Request no. 11 asks for all posts she has made on her social media acc...
2024.02.22 Motion to Quash 243
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22
Excerpt: ...f Costco and Jewell is a Director thereof, that does not in an d of itself establish personal jurisdiction over them for acts taken by the corporation. (See Calder v. Jones (1984) 465 U.S. 783, 790.) Plaintiff complains he was sickened by a hotdog he ate at one of the Costco stores. He also complains that the membe rs of the Board of Directors did not do anything when he advised them about what had happened and the failure of the corporation to t...
2024.02.22 Motion to Strike 212
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Excerpt: ...(names): ARMSTRONG GARDEN CENTERS, INC.” Defendant contends that the second count of Plaintiff's First Cause of Action for Premises Liability is not drawn and filed in conformity with California law and should be stricken under Code of Civil Procedure section 436 because no facts are alleged with respect to actual or constructive noti ce of the allegedly dangerous cement walkway, or that injury on the walkway was probable, and no facts are all...
2024.02.22 OSC Re Contempt 191
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Excerpt: ...t to C.C.P. § 177.5; (4) imposing an issue sanction against Defendants L anham, Cutler, and Riley ordering that the fact that they breached their fiduciary duties shall be taken as established in the action; and (5) subjecting Defendants to other monetary or nonmonetary sanctions as the Court deems appropriate. The Motion is m ade pursuant to Code of Civil Procedure sections 1209, 1211, 177.5, 583.150, 2023.030 as well as Evidence Code sections...
2024.02.22 OSC Re Entry of Judgment 907
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.02.22
Excerpt: ...quested amended judgment. Recovery of Attorneys' Fe es by Memorandum of Costs rather than Motion for Attorneys' Fees Typically, recovery of attorneys' fees that requires the court decide prevailing party or amount must be sought by way of a noticed motion. Plaintiff contends that this general rule does not apply here because she is seeking recovery of fees she is entitled to by statute. Code Civ. Proc. §1033.5 provides for the recovery of attorn...
2024.02.22 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.22
Excerpt: ...nt motion, Balboa must demonstrate it is entitled to summary judgment of all eight of its causes of action against Defendants Fullerton Consulting Group (“Fullerton Consulting”) and Chares Smith. The instant motion does not address the second cause of action or fourth cause of action for recovery of posse ssion or personal property. Accordingly, the motion for summary judgment is denied. Motion for Summary Adjudication First Cause of Action f...
2024.02.21 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2024.02.21
Excerpt: ...second and third causes of action (each a “COA”) in the Complaint. But the supporting Separate Statement presents evidence only for those 2 issues. (See ROA 168.) The Motion as presented thus fails to support the request for summary judgment. The alternative request for summary adjudication on Issues 2 and 3 fail here, because Plaintiffs have presented adequate evidence in their Opposition to defeat the Motion. Plaintiffs have shown a clear r...
2024.02.21 Anti-SLAPP Motion
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.21
Excerpt: ... 17.) Subsequently, on November 27, 2023, Defendants filed the insta nt anti-SLAPP Motion. (ROA No. 26.) The hearing for this motion is set for February 21, 2024. On February 14, 2024, the Court sustained Defendants' demurrer to the Complaint's second through sixth causes of action and granted leave to amend. (ROA No. 89.) In Oakland Bulk and Oversized Terminal, LLC v. City of Oakland (2020) 54 Cal.App.5th 738, a company sued the City of Oakland...
2024.02.21 Motions to Quash
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.21
Excerpt: ...of proof to establish facts showing effect ive service. (Summers v. McClanahan (2006) 140 Cal. App. 4th 403, 413; Dill v. Berquist (1994) 24 Cal. App. 4th 1426, 1439 -40.) Code Civ. Proc. § 415.20(b) covers substitute service on individual defendants and on entity defendants. Substitute service o n an entity, where the physical address of the entity is known, involves 1) leaving a copy of the summons and complaint in the office of the person aut...
2024.02.21 Motion to Compel Arbitration 537
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.21
Excerpt: ...AA is to ‘ensur[e] that private arbitration agreements are enforced according to thei r terms.'” (Lacayo v. Catalina Restaurant Group Inc. (2019) 38 Cal.App.5th 244, 257, citing AT&T Mobility LLC. v. Concepcion (2011) 563 U.S. 333, 344, 131 S.Ct. 1740.) “California law, like federal law, favors enforcement of valid arbitration agreements.” (Baxter v. Genworth North America Corp. (2017) 16 Cal.App.5th 713, 721, citation omitted.) A party s...
2024.02.21 Motion to Compel Responses 252
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.21
Excerpt: ...nd to four deposition questions without objection. Kigge n also seeks an order compelling Driver to further respond to Request for Identification and Production of Documents, Set One, number 3 and Special Interrogatories, Set One, numbers 1, 2, and 4. The same information is at issue in the three motions – Driv er's history of traffic tickets and payment for such tickets. Defendant objected to the deposition questions, request for production, ...
2024.02.21 Motion to Tax Costs 017
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2024.02.21
Excerpt: ...right. Code Civ. Proc. §1032. To claim those, the prevailing party must file and serve a memorandum of costs within 15 days from the date the clerk (or any party) mails out notice of dismissal or entry of judgment. CRC 3.1700; Daniels v. Robbins (2010) 182 Cal. App. 4th 204, 228. The memorandum must include a supporting decl aration affirming that the costs were reasonable and necessarily incurred. CRC 3.1700(a)(1). No proposed judgment is requ...
2024.02.20 Demurrer 346
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.20
Excerpt: ..., and the 2nd, 4th, 5th, and 6th Causes of Action in their entirety. If Plaintiff Sean Kameli does not amend the First Amended Complaint within the period of time stated above, Defendants Anthony English and English Realty, Inc. shall file an answer or other pleading in response to the First Amended Complaint w ithin 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendants Anthony English (Defe...
2024.02.20 Demurrer 650
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.20
Excerpt: ... control and manage the premises” '…[Citation.]” (Kes ner v. Superior Court (2016) 1 Cal.5th 1132, 1158.) “Duty is not universal; not every defendant owes every plaintiff a duty of care. A duty exists only if ‘ “the plaintiff's interests are entitled to legal protection against the defendant's conduct.” ' [Citation.] Whether a duty exists is a question of law to be resolved by the court. [Citation.]” (Brown v. USA Taekownd...
2024.02.20 Demurrer 888
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.20
Excerpt: ... in the moving papers.” (Def.'s Opp'n to Pltf.'s Dem . Mem. of P.&A.s at p. 2:20 -2:22.) The court therefore will sustain the demurrer. In addition, Defendant requests leave to amend the answer and state that upon granting leave, “the defendant will forthwith file an amended answer.” (Id. at p. 3:8.) “It is an abuse of the trial court's discretion to sustain a demurrer without leave to amend if there is a reasonable possibility” th...
2024.02.20 Motion for Leave to File Amended Complaint 574
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.20
Excerpt: ...ode. Code of Civil Procedure section 576 state s, “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” “If the motion to amend is timely made and the gr anting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a...
2024.02.20 Motion for Preliminary Injunction 757
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.20
Excerpt: ...ternational, LLC and Crystal Yang move for an order for a prel iminary injunction that enjoins defendant Xing Huo and his employees, agents, and other persons working on his behalf from transferring ownership of or further encumbering the residential real property located at 19367 Via De La Cielo, Yorba Linda that is the subject of this action. A preliminary injunction is an order that is sought by a plaintiff before full adjudication of the meri...
2024.02.20 Motion for Protective Order 574
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.20
Excerpt: ... order with respect to certain discovery requests served up on them, including Form Interrogatories Set No. One, Special Interrogatories Set No. One, Requests for Admission Set No. One, and Requests for Production of Document Set No One. Standard for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or org...
2024.02.20 Motion to Compel Discovery 513
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.20
Excerpt: ... held. Defendant Park West Landscape Maintenance, Inc.'s request for sanctions is DENIED. Defendant Park West Landscape Maintenance, Inc. moves to compel David H. Payne, M.D. to appear for deposition. Standard to Compel Nonparty Deposition Any party may obtain discovery by taking in California the oral deposition of any person. (See Code Ci v. Proc., § 2025.010.) A nonparty may be required to appear to give oral testimony in a deposition and/or ...
2024.02.20 Motion for Summary Judgment, Adjudication, to Compel Physical, Mental Exam, to Deem RFAs Admitted 445
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.20
Excerpt: ...n its own record; citation to the record is sufficient. As it pe rtains to the County, the complaint contains a single cause of action directed towards it: (1) Premises Liability for Dangerous Condition of Public Property (Gov. Code § 835 et seq.). Government Code section 835 “prescribes the conditions under which a pu blic entity may be held liable for injuries caused by a dangerous condition of public property.” (Cordova v. City of Los Ang...
2024.02.20 Motion to Compel Further Responses 962
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2024.02.20
Excerpt: ...etails; and a list of technical service bulletins and informational service bulletins issued for vehicles of the same year, make, and model as the subject vehicle. This is a straightforward Song -Beverly Consumer Warranty Act action. Based on the nature of the case, the Court finds that documents that generally sho uld be produced include repair orders and invoices for the subject vehicle, warranty claims concerning the subject vehicle; warranty...
2024.02.20 Motion to Consolidate 731
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.20
Excerpt: ... -in -Interest to The Estate of Serette Mitchell -Hug hes v. Albert Hughes Jr. (Case No. 30 -202201239731) [referred to as This Action]; and 2) Albert Hughes III, individually, and as the Successor -in -Interest to The Estate of Serette Mitchell -Hughes v. Orange County (Case Number 30 -202301313697) [referred to as County of Orange Action]. Service of Process On July 10, 2023, the court continued the hearing on the Motion to Consolidate Cases fo...
2024.02.20 Motion to Dismiss 529
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.20
Excerpt: ...ic Inc., and Longtime USA Inc. (“Joining Defendants”). Plaintiff's Request for Judicial Notice is DENIED. Such declarations are not subject to judicial notice under Evidence Code § 452. Plaintiff's objection to Defendant's Exhibit A is DENIED. The Court declines to rule on the remaining objections to the exhibits and declaration because they are immaterial to the determination of this motion. The threshold inquiry on a forum non conveniens m...
2024.02.20 Motion to Quash Service of Summons 906
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.20
Excerpt: ...its 1 -2 is GRANTED. “When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint . . . and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingl y.” (Code Civ. Proc. § 474.) “Code of Civil Procedure section 474 permits plaintiffs to bring in defendants if the requirements of section 474 ...
2024.02.20 OSC Re Preliminary Injunction 058
Location: Orange County
Judge: Gabriel, Lee
Hearing Date: 2024.02.20
Excerpt: ...that, pending a trial on the merits, the defendant should or ... should not be restrained from exercising the right claimed by him [or her]. [Citation.] [Citation.]” (Jamison v. Department of Transportation (2016) 4 Cal.App.5th 356, 361, internal quotation marks omitted (Jamison).) “In deciding whether to issue a preliminary injunction, a trial court must evaluate two interrelated factors: (i) the likelihood that the party seeking the injunct...
2024.02.20 Motion to Compel Discovery 702
Location: Orange County
Judge: Vu, Nathan
Hearing Date: 2024.02.20
Excerpt: ...le date and time, no later than 30 days after the notice o f ruling is served. Plaintiff Rita Ramirez is ORDERED to pay to Defendant City of Santa Ana sanctions in the amount of $1,060 (4.0 hours x $265 per hour in reasonable attorney's fees), no later than 30 days after the notice of ruling is served. Defendant City of Santa Ana moves to compel the deposition of Plaintiff Rita Ramirez and the production of documents at the deposition. Standard t...
2024.02.16 Motion for Preliminary Approval of Class Action Settlement 888
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.16
Excerpt: ...ould provide a red -lined version of any revised papers, inc luding 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 declarati on or brief that simply asserts the issues have been resolved. Plaintiff has not filed her First Amended Complaint containing a PAGA...
2024.02.16 Applications for Writ of Possession 185
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.16
Excerpt: ...ng: (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of ...
2024.02.16 Demurrer 598
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.16
Excerpt: ...llegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1 120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although C alifornia courts take a liberal view of inartfully drawn complaints, it remains essential that a complain...
2024.02.16 Demurrers 402
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.16
Excerpt: ...that the court improperly ruled on the demurrer without taking into consideration that plaintiff was going to seek leave to file a First Consolidated Class Action Complaint in the related case of Carlson/Aresh v. Hunt. However, plaintiff has since withdrawn his motion seeking leave to file a consolidated class action complaint, rendering this argument moot. The court previously ruled that plaintiff improperly split his causes of action between ...
2024.02.16 Motion for Attorney Fees 891
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.16
Excerpt: ...2, 1131 (Ketchum).) The “prevailing defendant on a motion to stri ke be allowed to recover attorney fees and costs only on the motion to strike, not the entire suit.” (LaFayette Morehouse, Inc. v. The Chronicle Publishing Co. (1995) 39 Cal.App.4th 1379, 1383; S.B. Beach Properties v. Berti (2006) 39 Cal.4th 374, 381.) The award of fees may include “the fees incurred in enforcing the right to mandatory fees under Code of Civil Procedure sect...
2024.02.16 Motion for Determination of Good Faith Settlement 316
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.02.16
Excerpt: ...oodward -Clyde & Associates (1985) 38 Cal.3d 488, 499 ( Te c h-Bilt).) As an initial matter, moving parties' proof of service is defective, as it attests to service via email only. (see Code Civ. Proc., §§ 1010.6, subd. (a)(2), 877.6, subd. (a)(2) [requiring service via “certified mail, return receipt request ed, or by personal service”].) While defendants OC 405 Partners and the State of California, acting by and through the Department of...
2024.02.16 Motion for Final Approval of Class Action and PAGA Settlement 519
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.16
Excerpt: ...e documents, and how service was effected. 2. Were the moti on papers served on defendants? The only proof of service in the court file related to the motion papers is the proof of service attached to the Quezada Declaration (ROA 225), which states that only the Quezada Declaration was served on defendants. 3. Was the order granting preliminary approval (filed 6/16/23, ROA 212) served on the LWDA? Plaintiff must file a proof of service reflec...
2024.02.16 Motion for Judgment 991
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.02.16
Excerpt: ...y on the bond. Olen's unopposed request for judicial notice is GRANTED. Olen 's objections to TPG's evidence are OVERRULED. TPG's objections to the Declaration of John G. McClendon are SUSTAINED inasmuch as the entire Declaration is not relevant to the Court's ruling. I. BACKGROUND This lawsuit alleging CEQA and other violations and a second lawsuit alleging violations of certain CC&Rs stem from TPG's plans to build a 312 -apartment complex (the ...
2024.02.16 Motion for Preliminary Approval of Class Action and PAGA Settlement 476
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.16
Excerpt: ...bing why the cy pres recipient (Legal Aid Foundation of Los Ang eles) is an appropriate recipient. The Supplemental Srourian Declaration (ROA 89) states: “Legal Aid Foundation of Los Angeles is an appropriate recipient because INSERT.” Supp. Srourian Decl. (ROA 89) ¶ 5. A declaration should be submitted describing why the cy pres recipient is an appropriate recipient. 2. The amendment to the settlement agreement (Supp. Srourian Decl. (ROA 89...
2024.02.16 Demurrer to FAP 902
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.02.16
Excerpt: ...pondent California Coastal Commission (“Commission”) demurs to the first amended petition (FAP) of Petitioner Friends of Newport Harbor. The demurrer is apparently joined by Real Party in Interest City of Newport Beach. The City has already answered the FAP, and it identifies no authority permitting a party that has already filed an answer to join ano ther party's demurrer. However, because the City seeks no relief on its own behalf (askin...
2024.02.16 Motion for Summary Judgment, Adjudication 199
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.02.16
Excerpt: ...etcher Jones' counsel's email address. (Code Civ. Proc., § 1013 b, subd. (b)(1) and (3).) Fletcher Jones was able to serve and file a timely reply on the merits and did not object to Plaintiff's proof of service. The Court exercises its discretion and considers the opposition. The Court also notes Fletcher Jones' proofs of service for Fletcher Jones' replies did not include the server's email address. (Code Civ. Proc., § 1013b, subd. (b)(1).) ...
2024.02.16 Motion for Summary Judgment, Adjudication 660
Location: Orange County
Judge: Fish, Jonathan
Hearing Date: 2024.02.16
Excerpt: ...or the business records exception. She has personal knowledge as the custodia m of records and Chief Credit Officer of National Funding. (Otero Decl., ¶2.) Legal Standard Where plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a “cause of action” entitling him or her to judgment. (CCP § 437c(p)(1); see Hunter v. Pacific Mechanical Corp. (1995) 37 Cal.App.4th 1282, 1287, (disapproved on other ...
2024.02.16 Motion for Summary Judgment, Adjudication 723
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.02.16
Excerpt: ...e not ruled upon are preserved for appeal. (Code Civ. Proc. § 437c(q).) As a threshold issue, Vizio argues this motion is moot and/or barred by judicial estoppel because the court previously found a triable issue of material fact exists as to whether Plaintiff is a third party beneficiary under the GPL license. (ROA 161.) The Court found that “the language of the GPLs is not so certain so as to preclude other interpretations.” (Ibid.) “Ju...
2024.02.16 Motion to Amend Judgment 157
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.16
Excerpt: ...aywood 1, LLC. Specifically, Judgment Creditor has shown the required elements that (1) the parties to be added as judgment debtors had control of the underlying litigation and were virtually represented in that proceeding; (2) there is such a unity of interest and ownership that the separate personalities of the entity and the owners no long er exist; and (3) an inequitable result will follow if the acts are treated as those of the entity alone...
2024.02.16 Motion to Stay Proceedings 006
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.02.16
Excerpt: ...n May 30, 2024 at 9:00 a.m. A joint status conference sta tement shall be filed on or before May 23, 2024. Defendant's unopposed request for judicial notice is GRANTED. I. Background As alleged in the complaints, Plaintiffs are tenants at apartment complexes in Santa Ana managed by Advanced Management Compan y. Plaintiffs allege the apartment complexes are subject to the Santa Ana Rent Stabilization and Just Cause Eviction Ordinance (“Ordinanc...
2024.02.16 Motion to Stay Proceedings 953
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.02.16
Excerpt: .... A joint status conference statement shall be filed on or before May 23, 2024. Defendant's unopposed request for judicial notice is GRANTED. I. Background As al leged in the complaints, Plaintiffs are tenants at apartment complexes in Santa Ana managed by Advanced Management Company. Plaintiffs allege the apartment complexes are subject to the Santa Ana Rent Stabilization and Just Cause Eviction Ordinance (“Ordinance,” codified at Santa An...
2024.02.16 OSC Re Preliminary Injunction 081
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.02.16
Excerpt: ...rm presented, i.e., the comparative consequences of th e issuance and non -issuance of the injunction. (See Fleishman v. Superior Court (2002) 102 Cal.App.4th 350). Generally, where the damage from a breach of contract can be easily estimated, the presumption is that an action at law will be final and prevent further dispute; and an injunction will not issue against the breach. (See Kellett v. Ida Clayton & G.W. WagonRoad Co. (1893), 99 Cal. 210...
2024.02.16 Special Motion to Strike SAC 967
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.02.16
Excerpt: ... the contract under which JAS Pacific performed services for the City. (Evid. Code § 452(h).) In addition, JAS Pacific has attempted to introduce new evidence on reply. The Court has not considered this evidence. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1538 [“The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.”].) GROUNDS FOR RULING I. Background This is one of three r...
2024.02.16 Special Motions to Strike 585
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.16
Excerpt: ...rety. Brill Notice of Motion (ROA 47) at 1:25- 27; LNBYG Notice of Motion (ROA 9) at 2:6 -7. For the following reasons, Brill's and LNBYG's motions are granted. Factual background and allegations Stroj and Brill are both lawyers, although, as alleged in Stroj's complaint, Stroj was suspended from the practice of law for two years beginning in August 2021 “for illegal gambling that took place back in 2015.” Complaint (ROA 1) ¶ 23. Stroj alleg...
2024.02.16 Motion for Summary Judgment, Adjudication 454
Location: Orange County
Judge: Dourbetas, Nico
Hearing Date: 2024.02.16
Excerpt: ... not the owner of the subject dog. (See, e.g. SS UMF No. 8.) Accordingly, Plaintiff cannot establish a cause of action for strict liability under Cal. Civ. Code § 3342 against Moving Defendant. Negligence and Premises Liability Moving Defendant argues that Plaintiff's causes of action for negligence and premises liability both fail because Plaintiff does not establish the existence of a duty of care applicable to Moving Defendant. “The existen...
2024.02.15 Demurrers to FAC 129
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.15
Excerpt: ...ouri (Doe 5) and Kouri Law Firm, APC (Doe 6) (together, the K houri defendants). (See ROA No. 401.) 5. San Bernardino County (Doe 4), erroneously sued as “County of San Bernardino.” (See ROA No. 322.) 6. Tushar Ramnik Doshi (Doshi) (Doe 9). All six demurrers are SUSTAINED as to the first amended complaint (FAC) in its entirety without leave to amend. The court on its own motion takes judicial notice of the following: 1. The 1/18/24 minute or...
2024.02.15 Motion for Interlocutory Judgment 631
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ...ons Code §2000. On this Motion, Plain tiff has presented evidence that the amount so incurred is $114,631.43. (ROA 637, 639, 641.) The Opposition presented by Defendants Saeed Sorat (“Sorat”) and Hen House Grill, Inc. (“HHGI”) (here, “Defendants”) does not meaningfully attempt to dispute that those expenses were incurred by Plaintiff for this limited proceeding, except to claim generally that they were “excessive” without showing...
2024.02.15 Motion for Attorney Fees 775
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ...tronixx v. Heger Realty Corp. (1998) 64 Cal.App.4th 698, 706– 707.) The “prevailin g” party is the party who recovered greater relief in the action on the contract. (Civ.C. § 1717(b)(1).) Code of Civil Procedure Section 998 provides, in relevant part: “(a) The costs allowed under Sections 1031 and 1032 shall be withheld or augmented as provided in this section…[¶] (c)(1) If an offer made by a defendant is not accepted and the plaintif...
2024.02.15 Demurrer
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.15
Excerpt: ...ader's ability to prove tho se allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 1405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) A demurrer tests only the sufficiency of the compl aint; a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from the matters alleged or are proper subj...
2024.02.15 Demurrer, Motion to Strike 292
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ...cy of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or impro bable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other e...
2024.02.15 Demurrer, Motion to Strike 183
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ...d Complaint A demurrer for sufficiency tests wheth er the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720 -21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury ...
2024.02.15 Demurrer to SAC
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.15
Excerpt: .... (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.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only...
2024.02.15 Demurrer (2)
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.15
Excerpt: ...sult occurs, and the consequent ‘liability arises.' In other words, it sets the date as the time when the cause of action is complete with all of its elements.” (Norgart, supra, 21 Cal.4th at p. 397.) When, by the face of the complaint, it is clear a claim is time - barred, the plaintiff may invoke the delayed discovery rule “which postpones accrual of a cause of action until the plaintiff discovers, or has reason to discovery, the cause of...
2024.02.15 Motion for Reconsideration 708
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Excerpt: ...tiff made a reasonable investigation of the condit ion at issue before proceeding with his work before the concealed hazard exception will apply, and there is no evidence of either requirement. Lastly, Defendant contends that new case law shows that there is no duty to warn when a hazard is open and obvio us, particularly when there are alternatives which could have been undertaken. Code of Civil Procedure section 1008(a) provides: “When an app...
2024.02.15 Motion for Protective Order 793
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Excerpt: ...conferred and agree on the need for a protective order; that Plaintiff provided a draft protective order and Kuhns indicated that it would stipulate to its entry, but Plaintiff has been unable to obtain Defendant Carlos Alcala's participation and signature on the proposed protective order, and that Plain tiff has also refused to seek assistance from the Court such that Kuhns has filed this motion. No opposition has been filed. Initially, the Co...
2024.02.15 Motion to Disqualify Attorney of Record
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.15
Excerpt: ... furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal. App. 3d 572, 585.) “A former client may seek to disqualify a former attorney from representing an adverse part...
2024.02.15 Motion for Summary Judgment, Adjudication 336
Location: Orange County
Judge: Melzer, Layne H
Hearing Date: 2024.02.15
Excerpt: ...re is generally followed. First, it is determined whether the plaintiff may bring the suit and force the claimants to interplead. Second, if it is so determined, then the court will discharge the plaintiff from liability and “the action may proceed for the determination of the rights of the various claimants to the property which is then in the custody of the court.” (Weingetz v. Cheverton (1951) 102 Cal.App.2d 67, 80.) Once a judge determine...
2024.02.15 Motion to Compel Arbitration 507
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Excerpt: ...ed and the automatic stay in effect before SB 365 took effect, SB 365 is not retroactive in nature, and the FAA preempts SB 365. Plaintiff Club Speed, LLC (“Plaintiff”) argues that SB 365 is procedural in nature and may be applied to existing litigation without any concerns regarding retrospectivity, the K1 Defendants ar e seeking to circumvent the Legislative intent of preventing delays caused by frivolous appeals, and, to the extent any sta...
2024.02.15 Motion to Compel Deposition of PMQ 466
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ...ing 4 categories in dispute, the motion is GRANTED for Categories 9 and 22, and DENIED for Categories 10 and 19. Regarding the request for production of documents (“RFP”), the RFP contained in the deposition notice are identical to the RFP at issue in Plaintiff's motion to compel further RFP responses from Defendant, w hich this court granted in part on 10/19/23. (See Minute Order at ROA 90; Prior motion at ROA 43, Ex. 1.) Thus, the court has...
2024.02.15 Motion to Compel Further Responses 424
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ..., after these motions were filed. In the Replies, Plaintiff contends the supplemental responses remain inadequate. However, there is no indication that Plaintiff attempted to contact Defendant to meet and confer regarding the further responses since said responses were served on Plaintiff in late November and early December. Given the extensive complaints raised by Plaintiff as to the sufficiency of the responses and the lack of meet and confer ...
2024.02.15 Motion to Disqualify Attorney of Record
Location: Orange County
Judge: Nelson, R. Shawn
Hearing Date: 2024.02.15
Excerpt: ... furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal. App. 3d 572, 585.) “A former client may seek to disqualify a former attorney from representing an adverse part...
2024.02.15 Motion to Quash Records Subpoenas 375
Location: Orange County
Judge: Larsh, Erick
Hearing Date: 2024.02.15
Excerpt: ...such records. Thus, the subpoenas to the billing departments of A & S H ealthcare and Alta Vista Assisted Living are quashed in full, and the balance of the subpoenas are quashed to the extent that they seek billing records. The motion is denied as to the balance of the records subpoenas issued by defendant. While the plaintiff s may assert a claim under the physician -patient privilege (See California Consumer Health Care Council, Inc. v. Califo...
2024.02.15 Motion to Set Aside Dismissal 259
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Excerpt: ...ligence in making the motion after discovery of the default. [Cita tion.]” (Huh v. Wang (2007) 158 Cal.App.4th 1406, 1420, internal quotations omitted.) Whether the moving party has successfully carried this burden is a question entrusted to the discretion of the trial court and its ruling will not be disturbed in the abs ence of a demonstrated abuse of that discretion. (Hopkins & Carley v. Gens (2011) 200 Cal. App. 4th 1401, 1410.) Initially, ...
2024.02.15 Motion to Strike 249
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Excerpt: ...ernatively, Defendants request that the Court strike all allegations i n the Complaint where Plaintiff claims that his service dog was taken from him through an illegal seizure, and specifically where Plaintiff alleges the following: (1) “Due to race and disability, H.I.P.A. right violation, conspires false allegation of ani mal cruelty, illegal seizure of certified service dog for mental/emotional support,” (2) “conspires with OC Animal ...
2024.02.15 Motion to Tax Costs 136
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2024.02.15
Excerpt: ...rk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. Here, there has been no entry of judgment or dismissal. Accordingly, the time for filing the memo of costs has not run. With respect to the merits of the motion, except as otherwise provided, a prevailing party is entitled as a matter of right to recover costs ...
2024.02.15 Petition to Compel Arbitration 305
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Excerpt: ...led and refused to participate in mediat ion such that the parties are bound to submit this dispute to binding arbitration pursuant to the terms of the arbitration agreement. A petition to compel arbitration “shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days' notice of the date set for the hearing Page 5 of 29 on the petition shall be given....
2024.02.14 Motion to Set Aside Default, Judgment
Location: Orange County
Judge: Gaffney, Donald F
Hearing Date: 2024.02.14
Excerpt: ...lication for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein1, 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, or d e r, o r proceeding was taken.” (Code Civ. Proc., § 473, subd. (b).) The court has wide discretion to grant relief under the statute authorizing relief from a proceed...

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