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2021.03.23 Motion for Terminating Sanctions 684
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.23
Excerpt: ...l notice of documents previously filed in this case. CCP § 2023.010 states, in part, as follows: “Misuses of the discovery process include, but are not limited to, the following: . . [¶] (d) Failing to respond or submit to an authorized method of discovery. . . . [¶] (g) Disobeying a court order to provide discovery.” CCP § 2023.030, subdivision (d), provides, “To the extent authorized by the chapter governing any particular discovery m...
2021.03.23 Demurrer 478
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.23
Excerpt: ...rue all allegations of fact contained in the cross-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.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007)...
2021.03.17 Motion to Compel Further Responses 501
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.17
Excerpt: ...General (Set One), and Special Interrogatories (Set One). For the following reasons, Defendant's motions are denied in part and granted in part. As an initial matter, Moving Defendant provides evidence that despite Plaintiff's representation to the contrary, the motion is not moot. Plaintiff had agreed to provide supplemental responses by March 8, 2021. Defendant did not receive any supplemental responses at the time of Reply, two days later. The...
2021.03.17 Motion for Attorney Fees 601
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.17
Excerpt: ...ntitlement to an award, and (2) documenting the appropriate hours expended and hourly rates. (ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1020.) It is undisputed that Plaintiff is the prevailing party on this derivative suit. If a corporation obtains a monetary recovery from a successful derivative suit, the plaintiff shareholder is entitled to reimbursement for reasonable legal fees and costs incurred in prosecuting the action. Th...
2021.03.17 Demurrer 867
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.17
Excerpt: ... N.A. (2011) 198 Cal.App.4th 256, 265.) First Cause of Action to Set Aside Trustee Sale: “The elements of an equitable cause of action to set aside a foreclosure sale are: (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; a...
2021.03.17 Demurrer 123
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.17
Excerpt: ...er was filed late, the trial court nevertheless has discretion to entertain it. Ibid, 281. Failure to Comply with ADR Requirements: Civ. Code, § 5930 (a) requires that “An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.” Civ. Code, § 5925 (b) states that an “'Enforcement action' means a ci...
2021.03.17 Motion for Reconsideration 750
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.17
Excerpt: ...the City's Motion to Quash Notices to Appear at Trial served on: City of Dana Point City Council, Patrick Munoz, and Robert O. Owen. For the following reasons, the motion for reconsideration is denied. When an application for an order has been made to a judge or a court and has been refused in whole or in part or has been granted or granted conditionally or on terms, any party affected by the order may, within ten days after service on the party ...
2021.03.10 Motion to Strike 812
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.10
Excerpt: ...Grieves v. Superior Ct. (1984) 157 Cal.App.3d 159, 166.) To withstand a motion to strike punitive damages, a plaintiff must plead ultimate facts showing the plaintiff is entitled to such relief. (Grieves v. Superior Ct. (1984) 157 Cal.App.3d 159, 166; see also Smith v. Superior Ct. (1992) 10 Cal.App.4th 1033, 1042 [complaint “devoid of any factual assertions supporting a conclusion petitioners acted with oppression, fraud or malice” subject t...
2021.03.10 Motion to Compel Arbitration 997
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.10
Excerpt: ...os Dodge for the purchase of a 2018 Jeep Grand Cherokee (the “Subject Vehicle”). The RISC's arbitration clause provides, in relevant part: Any claim or dispute whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us and our employees, agents, successors or assigns, which arises out of or relates to your credit appl...
2021.03.10 Demurrer 979
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.10
Excerpt: ... the demurrer is sustained as to the second, third, and sixth causes of action. Plaintiffs' FAC includes causes of action for: Statutory Violations/Breach of Resident Rights (Health & Safety Code § 1599.1, § 72527); Fraud – Intentional Misrepresentation; and Fraud – Negligent Misrepresentation. These causes of action are not present in the original Complaint. Plaintiffs first contend that the cause of action for Statutory Violations/Breach ...
2021.03.10 Demurrer 434
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.10
Excerpt: ...GDL Best Contractors, Inc. (2019) 38 Cal.App.5 th 677, 695. The FAC adequately described the location of the dispute between the parties. First Cause of Action for Prescriptive Easement: “[A] claim for prescriptive easement, include use that is (1) actual, (2) open and notorious, (3) hostile and adverse to the original owner, (4) continuous and uninterrupted, (5) under a claim of right, (6) for the statutory period of five years.” Brewer v. M...
2021.03.03 Motion for Summary Judgment, Adjudication 137
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.03
Excerpt: ...adings.” Hutton v. Fidelity National Title Co. (2013) 213 Cal.App.4th 486, 493. (Emphasis original). In the First and Second Causes of Action, Plaintiff alleged that “Defendants negligently, carelessly and recklessly owned, entrusted, managed and maintained their premises as to allow a dangerous condition to exist.” (GN-1 & Prem. L-1). Plaintiff has been consistent in asserting this theory. The fact that there might be possible additional t...
2021.03.03 Motion for Protective Order 254
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.03
Excerpt: ...panied by a meet and confer declaration under Section 2016.040. (Code Civ. Proc., § 2017.020(a).) Section 2016.040, in turn, requires a supporting meet and confer declaration to “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” The meet and confer requirement is designed “to encourage the parties to work out their differences informally so as to avoid the necessity fo...
2021.03.03 Motion to Compel Inspection 016
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.03
Excerpt: ... remedy is to file a motion compelling compliance as agreed pursuant to Code of Civil Procedure Section 2031.320. Although Defendant did not provide a verified response to the inspection demand, it is undisputed that Defendant agrees to comply with and has no objection to the subject Inspection Demand as written. (Opp. at 4:23-24, 10:10-11.) Thus, the court will presume— as the parties do—Defendant's agreement to comply with the Inspection De...
2021.03.03 Motion to Compel Arbitration 581
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.03
Excerpt: ...caylar Decl., ¶ 7, Ex. A, p. 5.) A party seeking to compel arbitration pursuant to Code of Civil Procedure section 1281.2 must plead and prove (1) the existence of a written arbitration agreement and (2) that the other party has refused to arbitrate. (Code Civ. Proc., § 1281.2; Mansouri v. Sup. Ct. (Fleur Du Lac Estates Ass'n) (2010) 181 Cal.App.4th 633, 640-641.) Code of Civil Procedure section 1281.2 requires the court to order arbitration pu...
2021.03.03 Motion to Strike 360
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.03.03
Excerpt: ...of which the court is required to take judicial notice.” Item No. 1 & 2: Paragraphs 2 & 47, Plaintiffs alleged James and Timothy Wynne assigned their claims to the Estate. Plaintiffs needs to allege the basis that James and Timothy Wynne were insureds under the title insurance policy. In addition, “a purely personal tort cause of action is not assignable in California, it must be concluded that damage for emotional distress is not assignable....
2021.02.24 Special Motion to Strike, to Require Posting of Bond 391
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.24
Excerpt: ... Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) Liu has not shown that Exhibit C (discovery in this case) is judicially noticeable. This Motion is timely. This Motion takes issue with one allegation in the FAC in the General Allegations section of the pleading, which is generally incorporated into the causes of action: Plaintiff is informed and believes, and thereupon alleges, that defendant Noh then made motion, of which Sam Kim seconded and ...
2021.02.24 Motion to Transfer Venue 296
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.24
Excerpt: ...l. Civ. Proc. Code § 396b. The moving party must overcome the presumption that the plaintiff has selected the proper venue. (Mitchell v. Superior Court (1986) 186 Cal.App.3d 1040, 1046, 231 Cal.Rptr. 176.) Thus, “[i]t is the moving defendant's burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds.” (Ibid.) In opposing the motion to change venue, “[t]he plaintiff may bolster his or her c...
2021.02.24 Motion to Strike 385
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.24
Excerpt: ...er inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. Injunctive relief Health and Safety Code, section 1430, subdivision (b) provides, in pertinent part, as follows: A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined...
2021.02.24 Motion for Leave to Amend FAC 226
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.24
Excerpt: ...7-1538 (A court may properly exercise its discretion to consider new evidence on reply that filled in gaps in the evidence created by the opposition); Alliant Ins. Services, Inc. v. Gaddy (2008) 159 Cal.App.4th 1292, 1308 (“[T]rial court had discretion whether to accept new evidence with the reply papers.”). Defendant/Cross-Complainant Azzur of CA, LLC (“Azzur of CA”) and defendant Azzur Group, LLC (“Azzur Group”) (collectively, “De...
2021.02.24 Demurrer 719
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.24
Excerpt: ...ns. Second cause of action for fraud The statute of limitations defense may be asserted by general demurrer if the complaint shows on its face that the statute bars the action. Mitchell v. State Dept. of Public Health (2016) 1 Cal.App.5th 1000, 1007. However, “the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows merely that the action may be barred.” Id.; see, Marshall v. Gib...
2021.02.17 Demurrer 411
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.17
Excerpt: ... filing was due to a miscalendaring issue. Barrett Decl., ¶ 2. Although Pixalate objects to Plaintiff's untimely opposition, Pixalate served and filed a timely reply on the merits. The Court exercises its discretion to consider Plaintiff's opposition, subject to any objections to service by defendant LKQD Technologies, Inc. (“LKQD”). First and second causes of action for libel per se and libel per quod For defamation, a plaintiff must allege...
2021.02.17 Demurrer 157
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.17
Excerpt: ...rce v. Kaiser Found. Health Plan, Inc. (2010) 181 CA4th 471, 482-484; see Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 CA4th 651, 659-660.] While it may be proper to take judicial notice that the judge did in fact make a particular finding, it is a different matter to take judicial notice that the fact is necessarily true. (Sosinsky v. Grant (1992) 6 CA 4th 1548, 1565.) Taking judicial notice of the truth of a judge's factual finding, ...
2021.02.17 Motion to Compel Further Responses 226
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.17
Excerpt: ...rmation reasonably available to the responding party permits.” (Code Civ. Proc., § 2033.220, subd. (a).) Absent an objection, the response must be: (1) an admission; (2) a denial; (3) or a statement claiming the inability to admit or deny. (Code Civ. Proc., § 2033.220, subd. (b).) Where responses have been timely filed but are deemed deficient by the requesting party, that party may move for an order compelling a further response. (Code Civ. ...
2021.02.17 Motions to Quash Subpoenas 164
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.17
Excerpt: ... make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders…” On 11/2/20, Plaintiff issued deposition subpoenas for the production of business records to the Hemet Unified School District and Apple Valley Unified School District. The subpoenas request 25 categories of documents, including documents related to any suspensions...
2021.02.10 Motion to Strike 123
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.10
Excerpt: ...endants' evidentiary objections to the declaration of Christine Barker, because they are not material to the disposition of the motion. For the reasons explained, below, the Court denies the motion on two grounds. The Motion is Untimely First, the Court finds the motion is untimely as to the Association because it was not brought within 60 days of service of the cross-complaint. (Code Civ. Proc., § 425.16, subd. (f).) The proof of service attach...
2021.02.10 Motion to Require Posting of Bond 355
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.10
Excerpt: .... The court is inclined to grant the Motion. The court overrules all of Plaintiffs' untimely evidentiary objections as improper and without merit. "When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be award...
2021.02.10 Motion to Reconsider or Vacate 479
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.10
Excerpt: ...tered on 12/4/20 is denied. As the document filed on 12/4/20 is a notice of entry of judgment, the court understands this motion to be directed at the judgment entered on 10/29/20. The judgments at issue were entered for different defendants but both were entered after Defendants' demurrers to Plaintiff's third amended complaint were sustained without leave to amend. Prior to entry of judgment, Plaintiff unsuccessfully moved to vacate the orders ...
2021.02.10 Motion for Summary Judgment, Adjudication 389
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.10
Excerpt: ...3(d). Neither party objected to the over-length memorandum. Accordingly, the Court exercises its discretion to consider the memorandums in their entirety. In addition, Plaintiff's separate statement did not address issue numbers 3 or 4. Because Defendant supports issues 3 and 4 with the same set of facts, which Plaintiff responded to all 59 material facts in Defendant's separate statement in support of Defendant's motion for summary judgment, and...
2021.02.10 Demurrer 456
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.02.10
Excerpt: ...efendants' Demurrer to the fraud claim for lack pf specificity. “The elements of fraud, which give rise to the tort action for deceit, are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or “scienter”); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Tenet Healthsystem Desert, Inc. v. Blue Cross of California, (2016) 245 Cal.App.4...
2021.01.27 Motion for Summary Judgment, Adjudication 523
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.01.27
Excerpt: ...ers stated the wrong zip code for City's counsel. Moghaddam v. Bone (2006) 142 Cal.App.4th 283, 288 (“[F]ailure to use the correct zip code invalidates what would have otherwise been sufficient notice.”) Subject to City's objection regarding service, the Court rules as follows. Plaintiff's request for a continuance pursuant to Code of Civil Procedure section 437c, subdivision (h) is denied. Plaintiff's affidavit did not show facts essential t...
2021.01.27 Motion for Summary Adjudication 349
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.01.27
Excerpt: ...ion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment 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...
2021.01.27 Demurrer 845
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.01.27
Excerpt: ...te (which was secured by the first Deed of Trust) and guarantees. (See ¶8 and the First, Second and Third Causes of Action). Additionally, per the Complaint, a Subordination Agreement was executed, which subordinated the first Deed of Trust to the second. (¶32-¶33 of Complaint). Based on the above, the first Deed of Trust is a sold out junior, and C.C.P. §580d does not apply to bar the First Cause of Action. (Black Sky Capital, LLC v. Cobb (2...
2021.01.27 Demurrer 697
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.01.27
Excerpt: ...nd ¶79-¶80 of FAC). While an earlier allegation indicate that $140,621.58 is owed by Defendants, it is unclear if this number refers to the amount owing on the Promissory Note or amounts owed due to oral loan agreements. (¶30 of FAC). Moreover, this allegation is contradicted by an attached exhibit, which purports to detail all transactions between the parties. (¶31 of FAC and Exhibit 1). The court further notes that the payments listed withi...
2021.01.20 Demurrer 941
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.01.20
Excerpt: .... (Wong v. Tai Jing (2010) 189 Cal.App.4 th 1354, 1376). Instead, the Complaint repeatedly refers to Plaintiff's alleged negligent conduct. (¶46 and ¶47 of Complaint). At best, Plaintiff attempts to allege Defendant ignored email communications, which warned of a likelihood of damage. (¶49 of Complaint); however, the referenced email communications are attached to the Complaint and do not reveal any warnings concerning asbestos – the alleged...
2021.01.20 Motion for Attorney Fees 311
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.01.20
Excerpt: ...termine the amount of attorney fees to be awarded.” $36,206.20 has already been ordered, which was the basis for the appeal. Intervenors request additional amounts representing post-judgment interest, the amount of fees and costs that has since been incurred in this action, unrelated to the appeal, collection costs, fees and costs incurred in connection with the appeal, and fees and costs incurred in connection with the instant motion. The only...
2021.01.20 Motion to Compel Further Responses 386
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2021.01.20
Excerpt: ...termine the amount of attorney fees to be awarded.” $36,206.20 has already been ordered, which was the basis for the appeal. Intervenors request additional amounts representing post-judgment interest, the amount of fees and costs that has since been incurred in this action, unrelated to the appeal, collection costs, fees and costs incurred in connection with the appeal, and fees and costs incurred in connection with the instant motion. The only...
2019.1.30 Motion to Tax Costs 286
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2019.1.30
Excerpt: ...on as to all other challenged cost items, for the reasons set forth below. When a party files a motion to tax costs, the initial burden is on the party seeking to recover those costs to make a prima facie showing by providing an itemized worksheet and supporting documentation. “There is no requirement that copies of bills, invoices, statements, or any other such documents be attached to the memorandum. Only if the costs have been put at issue v...
2019.1.23 Motion to Strike 753
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2019.1.23
Excerpt: ...cted social security number, so that the document at Ex. C must be sealed. Second, she argues that notice was defective because it was made by email and she did not consent to email service. Third, she did not learn of the motion until 12/04/18 and believes that Defendants failed to properly serve it on purpose so that she would not have sufficient time to complete discovery to defend against the motion. The court finds that all three grounds rai...
2019.1.23 Motion to Compel Deposition 698
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2019.1.23
Excerpt: ...ays. Counsel for all parties shall appear at the hearing on this matter, either in person or by court call, and shall be prepared to calendar a date certain for Plaintiffs' depositions. There shall be no further delays, no further excuses, and no further game playing. Defendants are entitled to take Plaintiffs' depositions and the court shall ensure that Plaintiffs' counsel promptly propose alternative dates at the hearing. On 4/12/18, Plaintiffs...
2019.1.23 Demurrer 796
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2019.1.23
Excerpt: ...sjoinder. Witkin states that: “[a]lthough the code seems to authorize the sustaining of a demurrer solely on such a technical objection, the authorities indicate that the defendant is entitled to a favorable ruling only when he or she can show some prejudice suffered or some interests affected by the misjoinder.” 5 Witkin, Cal. Proc. (5th ed. 2018) Pleading, § 973; see also Anaya v. Sup. Ct. (Dow Chemical Co.) (1984) 160 Cal.App.3d 228, 231,...
2018.8.8 Motion to Quash Subpoena, to Compel IME 223
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.8.8
Excerpt: ...cellphone records are confidential and that Plaintiffs have made no showing that the records sought are relevant to this action. There is no evidence before the court that Defendant was using his cellphone during the accident. Plaintiffs have filed no Opposition. Defendant shall serve notice of this ruling. II. Defendant's Motion to Second Compel IME of Plaintiff Defendant William Spenser Thomas asks the court to compel Plaintiff Myles Valentine ...
2018.8.8 Motion to Permit Pretrial Discovery of Financial Condition 017
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.8.8
Excerpt: ...tiff will prevail on its punitive damages claim must seek such a court order in order to obtain the supporting information.” Id. at 282- 283. “In this context, a ‘substantial probability' of prevailing on a claim for punitive damages means that it is ‘very likely' that the plaintiff will prevail on such a claim or there is a ‘strong likelihood' that the plaintiff will prevail on such a claim.” Id. at 283. Here, plaintiff seeks punitiv...
2018.8.8 Motion to Compel Vehicle Inspection 021
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.8.8
Excerpt: ...because it would have to purchase a proprietary license and micropod to extract the data, at an additional cost of $3,500. FCA already possess the required license and micropod and can extract the data at little or not additional cost. The court agrees with Plaintiff that it would be unfair and unnecessary to require Plaintiff to pay an additional $3,500 to extract data, which is potentially relevant to the dispute, when FCA can extract that data...
2018.8.8 Motion to Compel Further Responses 824
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.8.8
Excerpt: ...he claims that it will be crucial to demonstrating that she was treated differently from other employees in her position who engaged in similar conduct. However, the privacy issues presented by the requests must be carefully addressed. Requests 52 through 54 seek “time and attendance” records for all inventory specialists working for Hoag from 2013 to the present, including employees Steven Gill and Suzanne Robson. Request 56 seeks “work sc...
2018.8.8 Motion for Summary Judgment 447
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.8.8
Excerpt: ...s and their physicians and staff met the applicable standard of care when treating plaintiff Imelda Tovar and did not cause or contribute to her alleged injuries. They therefore have established two complete defenses to plaintiffs' claims, and meet their initial burden on the motion. Plaintiffs do not oppose the motion. TENTATIVE RULING ON MOTION #2: The motion of defendant Kaiser Foundation Healthplan, Inc. for summary judgment on the complaint ...
2018.8.8 Motion for Sanctions 464
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.8.8
Excerpt: ...ements. Nguyen states that Tracy is making untrue statements and says she is very sad, very hurt and extremely disappointed. Arguably, these statements are all within Catherine Nguyen's free speech rights. Unless Plaintiff can cite controlling case law showing that the emails constitute threats and intimidation under PC 136.1, the court cannot impose sanctions based on the conduct alleged. Regardless of whether Vu is a witness or potential witnes...
2018.8.8 Demurrer 459
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.8.8
Excerpt: ... of action remains unchanged in the present pleading. The court sees no reason to change its ruling. 2 nd COA – Fraud The court OVERRULES the demurrer to the Second Cause of Action. As the court observed in its ruling pertaining to the Second Amended Complaint, any claim sounding in fraud is governed by the three-year statute of limitations in Code of Civil Procedure 338(d). The statute incorporates the discovery rule. See Cansino v. Bank of Am...
2018.8.1 Demurrer 232
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.8.1
Excerpt: ...provement contracts with the defendants based on representations that the defendants were licensed contractors and would provide home improvement construction goods and services in a workmanlike manner when, in fact, the defendants were not licensed and performed construction services that violated applicable building code provisions and deviated from industry standards. Defendant demurs generally to the entire TAC as well as to the four causes o...
2018.8.1 Demurrer, Motion to Strike 962
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.8.1
Excerpt: ...§452. HOLA Preemption Wells Fargo argues that the First, Second, Fourth, and Fifth Causes of Action are preempted by the Home Owners' Loan Act, 12 U.S.C. §1461 et seq., or “HOLA.” The court OVERRULES the demurrer on this ground. Wells Fargo's memorandum of points and authorities only argues as to the First and Second Causes of Action, and does not address the Fourth and Fifth. The court is unaware of any post-2013 California authority holdi...
2018.8.1 Motion to Deem Requests for Admissions Admitted, for Sanctions 048
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.8.1
Excerpt: ... in this action with proper notice of the motion with continued hearing date, as well as the moving papers, pursuant to the Code of Civil Procedure. However, if plaintiff can establish that defendant has been properly served with the instant motion, the motion is granted. Code Civ. Proc., § 2033.280 provides, “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to wh...
2018.8.1 Motion for Judgment on the Pleadings 397
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.8.1
Excerpt: ...Complaint that cures the defects noted below. A. 2 nd COA: IIED DENIED as to this cause of action. To recover for IIED, Plaintiffs must prove: (1) that Defendants engaged in extreme and outrageous conduct; (2) with the intent to cause, or with reckless disregard of the probability of causing, Plaintiff to suffer emotional distress; (3) that Plaintiff experienced severe emotional suffering; and (4) that Defendants' conduct was the actual and proxi...
2018.7.25 Petition for Writ of Mandate 428
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.25
Excerpt: ...ent judgment, a trial court must afford a strong presumption of correctness concerning the administrative findings, and the party challenging the administrative decision bears the burden of convincing the court that the administrative findings are contrary to the weight of the evidence.” Fukuda v. City of Angels, 20 Cal. 4th 805, 817 (1999). By way of this Writ, Petitioner asks the court to set aside the decision of the Appeals Board affirming ...
2018.7.25 Motion to Set Aside Default, Judgment 598
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.25
Excerpt: ...oceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. Defendant submits his own declara...
2018.7.25 Motion to Quash 313
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.25
Excerpt: ...efore the continued hearing per the time periods in Code Civ. Proc. § 1005. When jurisdiction is challenged by a nonresident defendant, the burden of proof is upon the plaintiff to demonstrate that minimum contacts exist between the defendant and the forum state to justify imposition of personal jurisdiction. Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710. The plaintiff has the right to conduct discovery with regard to the issue of juri...
2018.7.25 Motion to Continue Trial 000
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.25
Excerpt: ... ordinance would materially impact the issues in this matter. At present the trial date is only four months away, but the court has not previously granted any continuances. The motion was brought as soon as reasonably practicable after plaintiff was notified of the City's pending review of its outdoor advertising regulations. It would appear that the current uncertainties should be resolved by early 2019, and the resolution of those uncertainties...
2018.7.25 Motion to Compel Production of Docs 021
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.25
Excerpt: ...ts at the deposition, its deponent failed to produce those documents. Defendant contends that the documents were produced in 2017 on a CD. Plaintiff's authority for the motion is Code Civ. Proc. § 2031.320(a). That subdivision authorizes a motion to compel compliance with a statement of production contained in a “response to a demand for inspection, copying, testing, or sampling” under Code Civ. Proc. § 2031.210, et seq. Plaintiff did not s...
2018.7.25 Motion for Leave to File Complaint 105
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.25
Excerpt: ...y the request was not made sooner. Id. at subd.(b). Given that this lawsuit was filed over one year ago, and trial is upcoming in December, this information is necessary for the court to assess plaintiff's request. ...
2018.7.25 Motion for Judgment on the Pleadings 719
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.25
Excerpt: ...r First Cause of Action for dangerous condition of public property, their Second Cause of Action for negligence, and their Fourth Cause of Action for negligent infliction of emotional distress. All three causes of action against the City are premised on the assertion that the City maintained a dangerous condition on its property. On 05/23/18, the court granted the City's motions to deem the truth of matters asserted in Requests for Admission, Set...
2018.7.25 Application for Writ of Petition 632
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.25
Excerpt: ... for various wage and hour violations. The initial citation sought $180,070 jointly and severally from each petitioner, but the hearing officer reduced that amount to $104,541.92 for Konier and $148,210.92 for KS Carwash LLC. (CCP 1094.5.) The court is inclined to GRANT the petition as to issue 5 (f) and issue 7 below and to DENY the petition as to all other issues. However, at the parties' election, the court is inclined to permit further briefi...
2018.7.25 Application for Preliminary Injunction 762
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.25
Excerpt: ...rable harm pending trial on the merits. Burden of Proof Although the OSC directs the responding party to show cause why the preliminary injunction should not issue, the burden is on the moving party to show all elements necessary to support issuance of a preliminary injunction. (O'Connell v. Superior Court (2006) 141 Cal.App. 4 th 1452, 1481.) As the moving party, Defendant has the burden to show that they have a reasonable probability of prevail...
2018.7.12 Motion to Withdraw as Counsel 466
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.12
Excerpt: ...hin the past 30 days that the address is current. Additionally, the Declaration conflicts with the Proof of Service and states that the Motion was served by personal service on the client. Accordingly, it is unclear whether client has been served with the Motion at an address confirmed within the past 30 days. The Court is also concerned that withdrawal of counsel about a week before trial will be prejudicial to defendant, CreAgri, Inc. since a c...
2018.7.11 Motion for Terminating Sanctions 206
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.11
Excerpt: ... to serve verified responses, without objections, to Form Interrogatories, Special Interrogatories and Requests for Production of Documents, Sets One within 20 days, and imposed a monetary sanctions award of $660 against plaintiff to be paid within 30 days pursuant to CCP §§2030.290 and 2031.300. Defendant gave notice of the Court's 4/4/18 ruling to plaintiff on 4/27/18. Plaintiff has failed to comply with the court's order of 4/4/18. Plaintiff...
2018.7.11 Demurrer 187
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.11
Excerpt: ...s “averred as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint.”) The demurrer to Defendants' 9 th affirmative defense for “Statute of Limitations—Personal Injury Negligence” is OVERRULED. The affirmative defense properly pleads the provision and subdivision barring the claim as required by California Code of Civil Procedure § 458. Plaintiffs to give notice. ...
2018.7.11 Motion for Attorneys' Fees 893
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.11
Excerpt: ...rt witness costs, except as provided in paragraph 20. Paragraph 20 contains the following provision: Should either party attempt an arbitration or court action before attempting to mediate, that party shall not be entitled to attorney fees that might be otherwise available to it in a court action or arbitration and the party who is determined by the arbitrator or judge to have resisted mediation may be sanctioned by the arbitrator or judge. This ...
2018.7.11 Motion for Summary Judgment, Adjudication 288
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.11
Excerpt: ...hat the motion was not served or filed within the time period required by Code of Civil Procedure §437c(a). Since the motion was served via U.S. mail to an address within the State of California, 5 calendar days are added to the 75-day notice period, and the motion should have been served and filed no later than 04/23/18. The motion was not served and filed until 04/25/18. Nonetheless, plaintiff filed a timely opposition on the merits, and did n...
2018.7.11 Motion to Set Aside Default 866
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.11
Excerpt: ...1005, and, when applicable, the statutes and rules providing for electronic service. Cal. Rule of Court 3.1300(c) requires that a proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing. Second, Code Civ. Proc. §473(b) states, in part: “Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the applica...
2018.7.11 Motion to Admit Medical Records 464
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.11
Excerpt: ...from Alzheimer's disease. Therefore, Plaintiff must present foundational evidence that the physicians are qualified to offer expert opinions on this point, albeit indirectly through the medical records which they and/or their staff prepared. The remaining arguments in the Opposition are without merit. First, Defendants argue that the medical records are hearsay, but the court is inclined to find that the medical records are generally admissible a...
2018.7.11 Motion to Conduct Pre-trial Discovery 017
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.11
Excerpt: ...ime enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294.” Here, the moving plaintiff has submitted evidence consisting of the verified complaints, the felony complaints against defendant M...
2018.7.11 Motion to Disqualify Counsel 068
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.11
Excerpt: ...o forward a copy of its motion and notice of this ruling to the State Bar. Finally, the Court sets a hearing on 8/16/2018 at 9 a.m. for an Order to Show Cause whether the trial date should remain and to determine the status of Plaintiffs' legal representation. The individual Plaintiffs are now in Propria Persona. If new counsel substitutes in for the Plaintiffs, the Court will take the OSC off-calendar. ...
2018.7.11 Motion to Set Aside Default, to Quash 428
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.11
Excerpt: ...m this court although she received actual notice of the default, default judgment, and collection efforts against her, (by her own admission) dating back to 2016. The evidence also suggests that she had ample notice even earlier, dating back to 2012 and 2015. A. CCP 473 (b) and 473.5 The motion is DENIED under CCP 473 (b) on the ground that the motion was not made within a reasonable time, in no case exceeding six months. The motion is also DENIE...
2018.7.10 Motion to Set Aside Default, to Quash Service of Summons 428
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.10
Excerpt: ...m this court although she received actual notice of the default, default judgment, and collection efforts against her, (by her own admission) dating back to 2016. The evidence also suggests that she had ample notice even earlier, dating back to 2012 and 2015. A. CCP 473 (b) and 473.5 The motion is DENIED under CCP 473 (b) on the ground that the motion was not made within a reasonable time, in no case exceeding six months. The motion is also DENIE...
2018.7.10 Motion to Conduct Pre-trial Discovery 017
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.10
Excerpt: ...ime enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294.” Here, the moving plaintiff has submitted evidence consisting of the verified complaints, the felony complaints against defendant M...
2018.7.10 Motion to Admit Records 464
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.7.10
Excerpt: ...from Alzheimer's disease. Therefore, Plaintiff must present foundational evidence that the physicians are qualified to offer expert opinions on this point, albeit indirectly through the medical records which they and/or their staff prepared. The remaining arguments in the Opposition are without merit. First, Defendants argue that the medical records are hearsay, but the court is inclined to find that the medical records are generally admissible a...
2018.6.27 Motion for Summary Judgment, Adjudication 858
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.27
Excerpt: ...Code Civ. Proc. § 437c(a)(1). A plaintiff moving for summary judgment has the burden of showing that there is no defense to a cause of action if that plaintiff has proved each element of the cause of action entitling the party to judgment on the cause of action. Code Civ. Proc. § 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue or one or more material facts exists as to the caus...
2018.6.27 Demurrer 929
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.27
Excerpt: ...int only as authorized by the court's order. [citation omitted] The plaintiff may not amend the complaint to add a new cause of action without having obtained permission to do so, unless the new cause of action is within the scope of the order granting leave to amend.” Harris v. Wachovia Mortg., FSB, 185 Cal.App.4 th 1018, 1023 (2010). In the court's ruling on the previous demurrer on 04/04/18, plaintiffs were given leave to amend only the Four...
2018.6.27 Motion for Summary Judgment 125
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.27
Excerpt: ...t Dr. Roth has reviewed the medical records and has formed a controverting opinion but has not completed his report. She anticipates being able to receive the report and prepare a declaration within 14 days, which is not unreasonable. Any supplemental opposition by plaintiff must be filed and served 14 days before the continued hearing and any supplemental reply by the moving hospital must be filed and served 5 days before the hearing. ...
2018.6.27 Motion to Stay or Dismiss Action 631
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.27
Excerpt: ...hich a trial court has discretion to stay or dismiss a transitory cause of action that it believes may be more appropriately and justly tried elsewhere. The inquiry is whether “in the interest of substantial justice an action should be heard in a forum outside this state.” (CCP 410.30 (a); Animal Film LLC v. D.E.J. Productions Inc. (2011) 193 Cal.App.4 th 466, 471.).) “In a contract dispute in which the parties' agreement contains a forum s...
2018.6.27 Motion to Compel Further Responses, for Sanctions 512
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.27
Excerpt: ...ord of the deposition.” For a business record subpoena, such as the subpoena of AutoCrib at issue here, the 60-day period during which a motion to compel must be filed, begins to run when the deponent serves objections on the party. At the time the objections are served, the record of deposition is complete. (Rutledge v. Hewlett-Packard Co. (2015) 238 Cal.App.4th 1164, 1192; Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 136.) The 6...
2018.6.27 Motion to Strike 857
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.27
Excerpt: ...edings before courts of record.” CLD Const., Inc. v. City of San Ramon, 120 Cal. App. 4th 1141, 1145 (2004). Defendant is unrepresented and has filed an answer in propia persona through a corporate representative, co-defendant Lau Musembi Senga. Accordingly, the court grants Plaintiff's motion to strike Excel Metals, LLC's answer. Plaintiff to give notice. ...
2018.6.27 Motion to Dismiss, Vacate Default and Judgment 456
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.27
Excerpt: ...remised on a lack of personal jurisdiction, which he contends, renders the default and default judgment void pursuant to Code of Civil Procedure §473(d). Defendant claims that he is not a resident of California. However, defendant admits that he is the principal of Cardan, LLC, and that Cardan owns the property at issue in the lawsuit. He also admits that he was heavily involved in leasing the property that is the subject of the lawsuit. Thus, e...
2018.6.20 OSC Re Dismissal, Default, Motion for Sanctions 464
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.20
Excerpt: ...ding contempt, plaintiff fails to identify “[a] clear, intentional violation of a specific, narrowly drawn order.” See Van v. Language Line Servs., Inc., 8 Cal.App.5 th 73, 82 (2017). Plaintiff cites no order that defendants allegedly violated, and so a contempt citation is unavailable. Regarding monetary and terminating sanctions, “[t]he trial court may order a terminating sanction for discovery abuse ‘after considering the totality of t...
2018.6.20 Motion to Reopen Discovery, Compel Deposition 612
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.20
Excerpt: ...Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings.” Code Civ. Proc., § 2024.020(b). CCP section 2024.050(a) provides that “[o]n motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This m...
2018.6.20 Demurrer, Motion to Strike 526
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.20
Excerpt: ...rty who filed the pleading that is subject to demurrer for the purposes of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” Subdivision (a) states that it applies to amended pleadings. Subdivision (a)(3) of section 430.41 states that the demurring party must file and serve with the demurrer a declaration stating either: (a) the means by which the demurring party et and conferred wi...
2018.6.20 Demurrer 033
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.20
Excerpt: ...negligence are: (1) the defendant's legal duty of care toward plaintiff; (2) the defendant's breach of duty; (3) that the defendant's breach was the proximate or legal cause of injury to plaintiff; and (4) damages. These elements also apply to premises liability actions. Kesner v. Sup. Ct. (Pnuemo Abex, LLC) (2016) 1 Cal.5th 1132, 1158; Annocki v. Peterson Enterprises, LLC (2014) 232 Cal. App. 4th 32, 37. Utilizing a form complaint, plaintiffs ha...
2018.6.13 Motion for Leave to File Complaint 000
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.13
Excerpt: ...Inc. v. Sup. Ct., 252 Cal.App.2d 194, 197 (1967). Here, O'Neil claims that the City Attorney of Santa Ana has recently opined that the City's Municipal Code does not prohibit the advertising attached to O'Neil's trailers, and that this supports the claim made in its First Amended Cross-Complaint. Cross-defendant does not appear to have any opposition to the filing of the proposed supplemental amended cross-complaint, but asks the court to take it...
2018.6.13 Demurrer 425
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.13
Excerpt: ...efendant maintains in its opposition that plaintiff was hired by cross-defendants to perform pool services in their stead. As such, it would appear that plaintiff and cross-defendants could have had some relationship for which a duty may have arisen. The court will allow cross-complainant an opportunity to amend in order to assert any such relationship. ...
2018.6.13 Motion for Attorneys' Fees 403
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.13
Excerpt: ... a “prevailing party,” he is actually is entitled to fees and costs under the terms of a statutory offer to compromise that defendant made and plaintiff accepted. That settlement, which was submitted by plaintiff as Exhibit 1, provides that, defendant would pay $112,000 and “reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Code of Civil Procedure Section 1794(d) as stipulated by the parties or, if the...
2018.6.13 Motion for Summary Judgment 740
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.13
Excerpt: ...objections of defendants Advanced Surgical Partners, Advanced Surgical Management, Genetic Institute of AntiAging, Applied M.A.K. Enterprise, and Mohammad Ali Kharazmi to the declaration of attorney Brian C. Vanderhoof submitted with the moving papers are overruled. The objections of plaintiff to the declarations of defendants Mohammad Saeed Kharazmi, Massoumeh Kharazmi, and Mohammad Ali Kharazmi are sustained on the ground of lack of relevance. ...
2018.6.13 Motion to Continue Trial, Reopen Discovery 286
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.13
Excerpt: ... and to reopen discovery for a limited purpose. Adnan Ayoub was the principal for the entity that purchased one of the three gas stations from Nawaha. Defendants argue that on 4/16/18, during the deposition of Adnan Ayoub, they learned for the first time that Ayoub made a $350,000 payment to Nazari in April 2017, to get Nazari to release his lien on the gas station, so that the gas station could be sold to a third party. Defendants argue correctl...
2018.6.13 Motion to Set Aside Default, Judgment 120
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.6.13
Excerpt: ...nt via certified mail and a return receipt. The return receipt for the Summons and Complaint was signed by “Gwendolyn Johnson.” In order to effectuate valid service, the return receipt need not be signed by the person to be served, but must be signed by someone authorized to receive mail addressed to the party. Cruz v. Fagor Am., Inc., 146 Cal. App. 4th 488, 496 (2007). In his declaration, defendant Henderson attests that he has no idea who �...
2018.5.30 Motion for Attorneys' Fees 325
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.5.30
Excerpt: ...ecover the fees and costs in connection with the instant motion for costs. Cross-Defendant has shown that his counsel spent 17.0 hours in connection with bringing and prevailing on the special motion to strike and $96.60 in costs associated therewith. The Court finds that this time is reasonable and that the billing rate of $295/hr. is also reasonable. Thus, the attorney's fees and costs recoverable on the special motion to strike total $5,111.60...
2018.5.23 Motion to Vacate Order of Dismissal 675
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.5.23
Excerpt: ... is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the def...
2018.5.23 Motion to Compel Answers 360
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.5.23
Excerpt: ...thout objection, within 10 days of notice of this court's order. Motion 3. Defendant Smith's Motion to Compel Plaintiff to Answer Form Interrogatories is granted. If verified responses have not already been served, plaintiff must serve verified responses, without objection, within 10 days of notice of this court's order. Motion 4. Defendant FTRS Family Partnership's Motion to Compel Plaintiff to Answer Special Interrogatories is granted. If verif...
2018.5.23 Demurrer 942
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.5.23
Excerpt: ...n their real property. (Complaint, ¶ 7.) It alleges that, on July 1, 2009, plaintiffs filed bankruptcy petition and their schedules listed defendant's predecessor in interest as well as their other lender as creditors. (Complaint, ¶ 9.) It alleges that, on December 31, 2009, defendant's predecessor in interest charged off the entire balance of the HELOC and advised plaintiffs that the balance on the loan was $0. (Complaint, ¶ 12.) It alleges t...
2018.5.23 Demurrer 543
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.5.23
Excerpt: ...can be tried separately, the two cases cannot proceed in parallel because of the significant risk of conflicting rulings of fact and law. Even if the court were to rule on the demurrer, it would OVERRULE the demurrer on three grounds. First, Plaintiff Irene Hopson argues correctly that CalPERS improperly seeks to introduce evidence from outside the four corners of the FAC and CalPERS also relied on some evidence which is not judicially noticeable...
2018.5.9 Motion to Set Aside Default 385
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.5.9
Excerpt: ...rruled. Defendants seek relief from the defaults and default judgment under the discretionary relief provision in subdivision (b) of Code Civ. Proc. § 473. Subdivision (b) provides in relevant part as follows: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusab...
2018.5.9 Motion for Summary Judgment, Adjudication 286
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.5.9
Excerpt: ...es on the ground that the motion is procedurally defective in at least 5 related ways. 1. Defective Notice of Motion and Separate Statement First, Plaintiff's notice of motion is defective because it fails to properly identify the specific causes of action, defenses, issues, or claims being addressed. (CRC 3.1350 (b).) Second, Plaintiff's separate statement is defective because it fails to repeat verbatim the causes of action, defenses, issues an...
2018.5.9 Motion for Sanctions 184
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.5.9
Excerpt: ...m, including the parents of both parties whose property and well- being is the focus of the litigation. It is undisputed that the action was first filed in Vietnam, and essentially all potential witnesses reside in Vietnam, except one person that lives in California. The focus in both cases is upon the elderly, infirm parents of the two parties to this litigation, as well as their property and other assets. Plaintiff attests that the majority of ...
2018.5.9 Motion for Judgment on the Pleadings 312
Location: Orange County
Judge: Horn, Frederick
Hearing Date: 2018.5.9
Excerpt: ...filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” Subdivision (a) further provides that the parties must meet and confer at least five days before the date that a motion for JOP is filed. It requires that the moving party file and serve a declaration with the motion for JO...

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