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Location: Orange County x
Judge: Margines, Charles x
2021.02.24 Motion for Preliminary Injunction, Appointment of Receiver
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.24
Excerpt: ...cts/Overview: This is a judicial foreclosure action. The various Defendants own and operate a total of 18 properties located primarily in Laguna Peach, but also include parcels located in Los Angeles, and Redlands. The properties are improved with hotels, event spaces (including Laguna Arts Festival grounds), office, mixed use, apartments, condominium units, and land for future development. The 18 properties are comprised of two multifamily struc...
2021.02.24 Motion for Leave to File TAC
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.24
Excerpt: ...e Corporation, The Ryan Firm, and Timothy T. Ryan, for: (1) violation of usury law; (2) professional negligence; (3) declaratory relief; (4) intentional interference with prospective economic advantage; (5) breach of the implied covenant of good faith and fair dealing; (6) fraud/deceit; (7) negligent misrepresentation; (8) negligence; (9) violation of CC §§ 2924 and 2924f; (10) civil conspiracy; (11) slander of title; (12) IIED; (13) accounting...
2021.02.24 Demurrer, Motion to Strike (2)
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.24
Excerpt: ...end they hired NCEC, a general contractor, to, among other things, demolish and install new floor tile, install baseboards, perform deck waterproofing, and perform several other repairs or actions. In exchange, Plaintiffs would pay NCEC over $100,000. Plaintiffs later discovered the decking waterproofing was not completed in the manner agreed upon and some of the work was not completed at all. The complaint consists of the following causes of act...
2021.02.24 Demurrer, Motion to Strike
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.24
Excerpt: ...dants converted personal property and misappropriated trade secret information. A Mandatory Settlement Conference is scheduled for 1/21/22, and trial is set on 2/28/22. Analysis: PLEASE NOTE: The complaint alleges acts, commonly known as “birth tourism,” which could constitute violations of 18 U.S.C. § 1001, 18 U.S.C. § 371, and possibly other penal statutes. The Court invites the parties to address at the hearing whether or not this case s...
2021.02.17 Motion for Summary Judgment
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.17
Excerpt: ...e (dismissed on 11/12/19) for: (1) wrongful death [three counts] and dangerous condition of public property. The complaint alleges that Sylvia Mehl [“Decedent”] was struck and killed in a crosswalk in Lake Forest by a vehicle owned by defendant Romos Transport, Inc. and driven by defendant Cordero-Garcia. Plaintiffs allege that defendants Baldwin & Sons, Inc. and Landsea Homes of California, Inc. operated a construction site in the area and f...
2021.02.10 Motions to Compel Further Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.10
Excerpt: ... (3) Reasonable Value. Defendant 5 Star filed its answer on 07/08/19. An attachment application was granted on 12/09/20. Defendant's motion for leave to file a cross-complaint was granted on 01/06/21, and Defendant filed a cross-complaint against Plaintiff the same date, alleging causes of action for: (1) Declaratory Relief; and (2) Negligent Misrepresentation, alleging that Plaintiff improperly denied discounts that Defendant should have receive...
2021.02.10 Motion to Compel Further Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.10
Excerpt: .../Overview: The complaint in this action was filed on 3/7/19 by plaintiff Allstate Insurance Company against defendant Invensys Climate Controls America, for: (1) negligence; (2) breach of implied warranty; and (3) products liability. This is a subrogation action. Plaintiff alleges that defendant's water valve was defective, causing flooding and water damage to plaintiff's insured's home. On 6/19/19, plaintiff filed a Doe Amendment, naming Roberts...
2021.02.10 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.10
Excerpt: ...n Mataele, for: (1) Fraud; (2) Intentional tort – violation of California Labor Code § 970; (3) Conversion; (4) Accounting; (5) Common counts; and (6) Intentional infliction of emotional distress. FTRS Family Partnership No. 1 then filed a cross-complaint against plaintiff Hays for the following: 1. Breach of contract – lease 2. Breach of contract – other 3. Fraudulent misrepresentation This is a fraud case in which plaintiff, a photograph...
2021.02.10 Motion for Leave to Intervene
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.10
Excerpt: ... 2003, Saba and Grantham formed a joint venture with Robert E. Zuckerman to develop residential units on the property. Zuckerman formed San Jacinto Z, LLC (“SJZ”) to handle the development. In Dec. 2003, SJZ acquired the property from Saba and Grantham, which led to a series of lawsuits. Attorneys Saba and Grantham agreed to provide SJZ with legal services to resolve title and lien issues concerning SJZ's property. According to Saba, in July ...
2021.02.10 Discovery Motions
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.10
Excerpt: ...ovide correct/itemized pay stubs, (6) waiting time penalties, (7) failure to reimburse expenses, (8) violation of Business and Professions Code section 17200, (9) retaliation/wrongful termination in violation of public policy, (10) failure to produce personnel file, (11) failure to produce payroll records, and (12) failure to produce instruments signed by employee during employment. On 5/29/19, DTS answered the complaint and also filed a cross-co...
2021.02.03 Motion for Leave to File Amended Answer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.03
Excerpt: ...leges causes of action for: (1) Open Book Account; (2) Account Stated; and (3) Reasonable Value. Defendant 5 Star filed its answer on 07/08/19. An attachment application was granted on 12/09/20. Defendant's motion for leave to file a cross-complaint was granted on 01/06/21, and Defendant filed a cross-complaint against Plaintiff the same date, alleging causes of action for: (1) Declaratory Relief; and (2) Negligent Misrepresentation, alleging tha...
2021.02.03 Motion for Leave to File Complaint
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.03
Excerpt: ...irez. This action arises out of two separate motor vehicle accidents occurring approximately 3½ weeks apart. Plaintiff alleges Ramirez negligently caused the first accident on 4/26/19 while the parties were on the Interstate 10 in Ontario, California. Plaintiff alleges Cruz negligently caused the second accident on 5/21/19 while the parties were on the State Route 91 in Fullerton, California. Plaintiff alleges he has sustained injuries and damag...
2021.02.03 Motion for Leave to File SAC
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.03
Excerpt: ...in when he slipped and fell on a puddle of water that was leaking from a toilet, causing him to sustain serious injuries. On 1/3/19, TJ Maxx answered the first amended complaint. On 5/17/19, plaintiff filed an amendment to complaint, identifying Doe 1 as Kellermeyer Bergensons Services, LLC. On 8/8/19, Kellermeyer Bergensons Services, Inc. (KBS) filed an answer to complaint. A motion for protective order is scheduled for 2/24/21, a motion to comp...
2021.02.03 Motion for Summary Judgment
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.03
Excerpt: ...m/blow out the bus interior to get rid of trash, wash the bus exterior (if necessary), fuel the bus and place it in storage. The actual fueling was accomplished by a co-worker, and Plaintiff generally/never left the bus during the fueling process, as it was accomplished by a co- employee, and would typically clean the bus interior during fueling. Defendant GEMS Environmental was retained by the County of Orange to remove the liquified natural gas...
2021.02.03 Motion to Seal Docs, Demurrer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.02.03
Excerpt: ...h Hospital; (3) Prime Healthcare La Palma, LLC dba La Palma Intercommunity Hospital; and (4) and Prime Healthcare Anaheim, LLC dba West Anaheim Medical Center [collectively “plaintiffs” or “Prime Hospitals”]. Named defendants are: (1) Orange County Health Authority dba CalOptima; (2) CalOptima Community Network; (3) Varis, LLC; (4) Altamed Health Services; (5) Amvi Care Health Network; (6) Arta Western Health Network; (7) Family Choice He...
2021.01.27 Petition to Confirm Arbitration Award
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.27
Excerpt: ...ed a writ of attachment against Respondent Rogerson Kratos in the amount of $440,308.14. The instant motion was originally set for hearing on 11/18/20 and was continued to 12/3/20 at the request of newly-retained defense counsel. [See ROA No. 59 (11/18/20 minute order).] The 12/3/20 hearing was again continued to today's date, and the Court ordered in part: “Respondent may file an opposition brief regarding the C.C.P. 1288 jurisdiction issue pu...
2021.01.27 Motion to Quash Subpoena
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.27
Excerpt: ...an order quashing Defendant Rose Lynda Dilag's Deposition Subpoena for Production of Business Records issued to Plaintiff's former employer, Iqbal Abdullah (or “Easy Clean”). Moving Party contends as follows: This case arises out of an automobile accident that occurred on May 21, 2016, wherein Plaintiff sustained injuries. Initially, Plaintiff presented a wage loss claim. However, at her June 26, 2019, deposition, Plaintiff waived her wage lo...
2021.01.27 Motion to Compel Further Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.27
Excerpt: ... responses to Plaintiff ALEXANDER DE YOUNG's First Set of Requests for Production # 2-5, 10-14, 17-18, and 22-25 Facts/Overview: As of 11/20/20, the following two cases have been consolidated for all purposes: 1. Alexander De Young, et al. v. Budget Truck Rental, LLC, et al., Case No. 30-2019- 01102980. On 10/7/19, plaintiffs Alexander De Young, individually and as successor-in-interest to The Estate of Neale De Young, and Joel De Young commenced...
2021.01.27 Motion to Compel Discovery of Personnel Records of Police Officer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.27
Excerpt: ...nd supervised Roe, and that it was aware of prior incidents by Roe sexually assaulting women in the course and scope of his job as a patrol officer. Plaintiff's governmental claim was denied on 10/25/18, and on 04/17/19, Plaintiff filed her complaint against Defendants CHP and Roe. The complaint alleges causes of action for: (1) Negligence; (2) Negligent Hiring / Supervision / Training; (3) Sexual Harassment; (4) IIED; (5) Sexual Battery; (6) Vio...
2021.01.27 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.27
Excerpt: ...Parties request summary adjudication as to the following: 1. That NEGAR ASHOURI, M.D. at all times complied with the requisite standard of practice in the community in providing professional healthcare services to BRONSON KELLY from October 2016 through March 2017. 2. That no act or failure to act by NEGAR ASHOURI, M.D. caused or was a substantial factor in causing any injury or harm to BRONSON KELLY, from October 2016 through March 2017, includi...
2021.01.20 Motion to Compel Further Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.20
Excerpt: ...ntal, LLC to provide further responses to their first set of special interrogatories, Nos. 24-26, 30, and 32. [The Court notes: These motions are brought by both plaintiffs Alexander De Young and Joel De Young. The interrogatories at issue, however, were propounded by plaintiff Alexander De Young only. (See ROA No. 71–Traina Decl. at Ex. 3 [subject form interrogatories]; ROA No. 72–Traina Decl. at Ex. 6 [subject special interrogatories].) Fac...
2021.01.20 Motion for Protective Order
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.20
Excerpt: ...TJ Maxx) alleging two causes of action for (1) negligence and (2) premises liability. This is a slip and fall personal injury action. Plaintiff alleges that on 3/24/18, he was using the restroom at TJ Maxx in Tustin when he slipped and fell on a puddle of water that was leaking from a toilet, causing him to sustain serious injuries. On 1/3/19, TJ Maxx answered the first amended complaint. On 5/17/19, plaintiff filed an amendment to complaint, ide...
2021.01.20 Demurrer, Motion to Strike Punitive Damages
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.20
Excerpt: ... an assault and battery action. On 08/12/17, Plaintiff was a patron of the Florentine's Downtown Grill. Defendant Intimate inns of CA, Inc. is alleged to be the bar owner, with individual Defendant Florentine being alleged to be the alter ego of Intimate inns of CA, Inc. During his visit, Plaintiff alleges he was manhandled by a bouncer hired by Defendants and thrown to the ground, suffering a broken wrist. Plaintiff filed the complaint against D...
2021.01.13 Motion to Compel Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.13
Excerpt: ... to compel (see Gorman Decls. ¶ 16). Facts/Overview: On 6/24/19, plaintiff SolarMax Renewable Energy Provider, Inc. commenced this action against defendant Anaheim Lodging Group, Inc., alleging the following ten causes of action: 1. Breach of contract; 2. Breach of implied covenant of good faith and fair dealing; 3. Unfair business practices (Bus. & Prof. Code, § 17200); 4. Open book account; 5. Account stated; 6. Common count; 7. Unjust enrich...
2021.01.13 Motion to Compel Deposition
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2021.01.13
Excerpt: ...2020 (the “Subpoena”) and compelling Granados' production of documents responsive to the requests for production of documents contained in the Subpoena; 2. Holding Granados in contempt of court for failing to comply with this Court's order requiring her to appear for deposition, or in the alternative, for an order setting an OSC re: contempt; 3. Requiring Granados to pay monetary sanctions in the amount of $5,012.50 pursuant to Code Civ. Proc...

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