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314 Results

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Location: Orange County x
Judge: Margines, Charles x
2020.10.28 Demurrer, Motion to Strike
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.28
Excerpt: ...e complaint in this lawsuit was filed on 6/18/19, with the operative First Amended Complaint filed on 12/2/19 by plaintiff Weiqin Wang against defendants Happy Pregnancy Care & Medical Management (USA) Co., LTD. [“Happy Pregnancy”], Meilan Lin, Jiana Zhan, Joint Perfect, Inc. [“Joint Perfect”], and Yi Qin, for: (1) fraud (intentional misrepresentation); (2) negligent misrepresentation; (3) constructive fraud; (4) negligence; (5) breach of...
2020.10.21 Motions to be Relieved as Counsel
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.21
Excerpt: ...ed by Plaintiffs to provide “asset protection” service in connection with an adverse ruling/judgment in a lawsuit in the State of Hawaii where Mr. & Mrs. DeMarco were plaintiffs. Defendant attorneys drafted an irrevocable trust which turned out to be held a fraudulent transfer. In an effort to hide their assets from the judgment creditor in Hawaii, Plaintiffs gave $105,000.00 in cash to Defendants, who then refused to return it. Plaintiffs fi...
2020.10.21 Motion to Quash Business Records Subpoena
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.21
Excerpt: ...der of sailboats, including the subject “Harbor 20 Yacht” (the “Sailboat”) and licensees who built components to be incorporated into the Sailboat using Plaintiff's designs, molds, and tooling. Plaintiff entered into an agreement with Defendant Enviro-Holdings, LLC whereby it would use Plaintiff's names, design, and good will to contract components for and complete Sailboats based upon direct orders for complete Sailboats from Plaintiff. ...
2020.10.21 Motion for Summary Adjudication
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.21
Excerpt: ...ia a trap door. After they accessed the roof, the door closed and locked, leaving Plaintiff and Greenlow trapped on the roof of the concert hall. In seeking a way down, they found a roll-up steel door in a maintenance room that opened roughly eight feet above a balcony inside the theater. In attempting to negotiate the rollup door and the relatively short drop to the balcony below, Plaintiff slipped and fell roughly 50 feet, missing the balcony, ...
2020.10.21 Demurrer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.21
Excerpt: ... status (Cal. Gov. Code §12900, et seq.; Cal. Gov. Code §12940(J)(3) & (K)); (2) discrimination based on military and veteran status (Cal. Gov. Code §12900, et seq.); (3) negligence for failure to take all reasonable steps necessary to prevent discrimination and harassment (Cal. Gov. Code §12940, et seq.; Cal. Civ. Code §§43, 1708); (4) retaliation (Cal. Gov. Code §12940(H)); (5) IIED. Plaintiff alleges she was employed as a Nurse Practiti...
2020.10.21 Anti-SLAPP Motion
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.21
Excerpt: ...rved as the bookkeeper for Local 952, working primarily under the leadership of Patrick D. Kelly, who was the Secretary-Treasurer (a position which, according to both plaintiff and defendants, is akin to the CEO of a company) of Local 952 from 1997 through 2019 [“Kelly Administration”]. Kelly was defeated by defendant Jimenez and his slate in 2019 and took over operation of Local 952 on 1/1/20 [“Jimenez Administration”]. Although several ...
2020.10.07 Motion to Stay Discovery
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.07
Excerpt: ...mber 8, 2021. Moving Party contends as follows: Defendant's Fifth Amendment right against self-incrimination will necessarily be compromised if discovery continues in this civil matter while Defendant is facing criminal action. He was arrested and charged with violations of the Vehicle and Penal Codes by the Orange County District Attorney. Defendant is currently facing criminal prosecution in the active criminal case of People v. Zalpa, Case No....
2020.10.07 Motion for Summary Judgment
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.07
Excerpt: ...gic Way, Anaheim, California on 12/2/16. Plaintiff alleges defendants “negligently maintained the premises ... such that they allowed a wood flooring slab with a rubber lip to remain on their floor to create a hazard for its patrons.” (Complaint ¶¶ Prem.L-1, GN- 1.) Plaintiff alleges defendants “failed to adequately inspect, maintain and/or make their premises reasonably safe,” and that they “knew or should have known of the dangerous...
2020.10.07 Demurrer, Motion to Strike
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.07
Excerpt: ...otice of: (1) Quitclaim Deed; (2) Bankruptcy Court Docket; (3) Bankruptcy Petition; (4) Trustee's Deed Upon Sale; and (5) Grant Deed. Facts/Overview: This is a post-sale wrongful foreclosure action alleging HBOR violations and common law foreclosure claims based on a claim of defective assignment of the deed of trust. Plaintiff is the owner of a residence located at 5525 Blue Ridge Drive, Yorba Linda, CA 92887. In 2004, Plaintiff borrowed $1,165,...
2020.10.07 Demurrer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.10.07
Excerpt: ...s (“DTS”) requests judicial notice of (1) Portions of Plaintiff's deposition transcript; (2) 8/12/20 minute order; and (3) Opposition declaration. Facts/Overview: On April 18, 2019, plaintiff Lorna Carter commenced this action against defendant DTS, alleging the following 12 causes of action: 1. Failure to pay wages owed, 2. Failure to pay overtime, 3. Failure to provide meal periods, 4. Failure to provide rest breaks, 5. Failure to provide c...
2020.09.02 Demurrer, Motion to Strike
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.09.02
Excerpt: ...ment. Plaintiff alleges she retained the other defendants to seek relief from the default judgment, but these defendants failed to timely seek relief from default and failed to raise relevant issues in said motion. Defendant Vogel was defaulted on 4/11/16. On 6/9/16, the court denied Vogel's motion for relief from default. Vogel appealed, and the Court of Appeal reversed in a published opinion dated 6/11/19 [Lasalle v. Vogel (2019) 36 Cal.App.5th...
2020.09.02 Demurrers
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.09.02
Excerpt: ...imited partnership, 2. Breach of fiduciary duties, 3. Breach of written partnership agreement, 4. Accounting, 5. Declaratory relief, and 6. Elder financial abuse. On December 18, 2019, Madigan filed a first amended complaint against the same defendants, alleging the same six causes of action. On January 3, 2020, plaintiffs-in-intervention Joseph Marca, Gary Marca, and Jean (Marca) Greenstadt (collectively, the Marcas) filed a complaint-in-interve...
2020.09.02 Motion for Leave to Take Second IME
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.09.02
Excerpt: ...on against defendants Sameer Nawaey and Samad Abdul Nawaey, alleging the following two causes of action: 1. Motor vehicle negligence, and 2. General negligence. This is a personal injury action arising out of a two-car collision at the intersection of MacArthur Boulevard and Ford Street in Newport Beach on or about 9/27/17. Plaintiff alleges defendant Sameer Nawaey (Sameer), while driving a vehicle owned and entrusted to him by defendant Samad Ab...
2020.09.02 Motion to Compel Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.09.02
Excerpt: ...ip. Plaintiff Ly was the primary breadwinner, with Defendant Lee acting as a stay at home “housewife,” who controlled the family finances. The parties acquired real estate in Mission Viejo, Westminster, and Las Vegas, NV. In 2010, Ly deeded the family residence at Endless Vista, Mission Viejo, to Lee to “protect their mutual interest in” the property. In 2014 the Endless Vista property was sold, and the parties moved into a rental in Irvi...
2020.08.26 Motion to Vacate Dismissal
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.08.26
Excerpt: ...5. Defendant Preciado represented to Plaintiffs that she held a listing for the sale of the Property and accepted a $15,000.00 deposit from Plaintiffs. Defendants subsequently canceled the transaction but have refused to return Plaintiffs' deposit. Plaintiff filed his self-represented complaint against Defendants Laura Christina Preciado, aka “Laura Christina Benavides”, AE Real Estate Partners, and AE Builder Escrow on 8/27/19. The complaint...
2020.08.26 Motion to Set Aside Ruling and Keep Verdict As Is
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.08.26
Excerpt: ...y those facts pertinent to the instant motion. On October 17, 2019, the matter came on regularly for trial. On October 18, 2019, the court granted defendants' motions for nonsuit as to the first cause of action for fraud and the third cause of action for conspiracy, leaving only the second cause of action for defamation at issue. (See 10/18/19 Minute Order, p. 2.) On October 29, 2019, the jury returned a verdict in favor of plaintiffs and against...
2020.08.26 Motion to Compel Further Responses
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.08.26
Excerpt: ...e. Defendants claim that Plaintiff's motorcycle collided with Ms. Homer's vehicle after it had turned into the street, and Plaintiffs allege that Ms. Homer's vehicle smashed into Plaintiff. Plaintiffs Bruce Stockton and Dawn Stockton filed their complaint against Defendants Huntington Beach City School District and Kathleen Homer on 5/29/19. The complaint alleges causes of action for (1) Negligence; (2) Negligent Hiring, Training, Retention, and ...
2020.08.26 Motion for Summary Judgment
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.08.26
Excerpt: ... February 26, 2021, and a jury trial has been set for April 26, 2021. Moving Party contends as follows: This is a medical malpractice action arising out of defendant's alleged negligent care and treatment of plaintiff with respect to a bilateral breast augmentation. (See SSUF No. 1.) In professional malpractice cases, expert testimony is required to establish breach of the applicable standard of care and causation. (See Motion P&As at pp. 5, 6.) ...
2020.08.26 Motion for Leave to File Amended Complaint
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.08.26
Excerpt: ...omatic entry door. Defendant claims that an elderly gentleman was trying to enter the store through a marked exit door, that he fell down attempting to do so, and that knocked down Plaintiff causing her injuries. On 4/17/19 Plaintiff filed a motion for trial preference, which was set to be heard on 6/19/19. That motion was not heard, as Defendant filed a Notice of Removal to federal court on 4/29/19. The action was remanded back to state court on...
2020.08.19 Motion for Summary Judgment
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.08.19
Excerpt: ...tacked and beaten by Defendants Jeffery Tuli, Vincent Griffin and Aaron Jackson. Maher Yousef succumbed to his injuries a few days later. Defendant Lucky Oil Company dba “Buena Park Mobil” is alleged to be the owner/operator of the gas station. Defendants Ahmad Radwan and Tag M. Radwan are alleged to be principals of Lucky Oil. Plaintiff alleges that Property owner/operator Defendants knew the three assailants were likely to injure or attack ...
2020.08.19 Motion for Judgment on the Pleadings, to Strike Answer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.08.19
Excerpt: ...nto 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 2005 he and Grantham withdrew from their representation due to a conflict of interest, after filing a cross-complaint against SJZ seeking a corp...
2020.08.19 Demurrers, Motion to Strike
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.08.19
Excerpt: ...5, 436) Facts/Overview: The original complaint in this action was filed on 10/11/19. The operative First Amended Complaint was filed on 12/20/19 by plaintiff Humberto Garcia against defendants Western Riverside Council of Governments [“WRCOG”], Renovate America, Inc. [“Renovate”], Century Construction West, Inc., dba SaveCal [“SaveCal”], and Wesco Insurance Company, for: (1) negligence; (2) intentional/negligent misrepresentation; (3)...
2020.08.19 Demurrer
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.08.19
Excerpt: ... on 10/18/19 by plaintiffs Kristen Beattie Raymond and Matthew Campbell Raymond against defendant Nissan North America, Inc., for: (1) violation of Song- Beverly Consumer Warranty Act (Song-Beverly Act) – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act, Civil Code section 1793.2; (4) fraudulent inducement – concealment; (5) fraudulent inducement – intentional mi...
2020.08.19 Anti-SLAPP Motion to Strike, to Compel Responses, for Protective Order
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.08.19
Excerpt: ... the Cross-Complaint and to recover reasonable attorney fees and costs in the amount of $25,865.00. Facts/Overview: The operative Second Amended Complaint was filed on 6/17/19 by plaintiff Carl Barney, as trustee of the Carl Barney Living Trust, against defendants Lukas Pieter, Peter LePort, Monica LePort, Francisco LePort, Ramandeep Girn, Rebecca Girn, and Higher Ground Education, Inc. It alleges causes of action for: (1) breach of contract; (2)...
2020.08.12 Motion to Vacate Dismissal
Location: Orange County
Judge: Margines, Charles
Hearing Date: 2020.08.12
Excerpt: ... receiving the required rest and meal breaks. Both Plaintiffs' employment was terminated by Defendant Mak Wave after they asked for a copy of their employment files. The Tokura Defendants are alleged to be principals of Mak Wave. Plaintiffs filed their complaint on 2/2/17 against Defendants Mak Wave, Inc., Masafumi Tokura, and Kumiko Tokura. The complaint alleges causes of action for: (1) Unpaid Wages; (2) Failure to Provide Meal Breaks; (3) Fail...

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