Excerpt: ... set the M otion to Strike to b e heard on A pril 29, 2024. ( S ee ROA #59 .) The court also ordered that “[t]he Ex -Parte Application will stand as the moving papers” and “Plaintiff to serve the moving papers on all parties”. (Ibid.) Further, Civil Procedure Code section 1005 requires that all moving papers be served on all parties at least 16 court days before the hearing. (Code Civ. Proc., § 1005, subd. (d).) In addition, “[p]roof o...

Excerpt: ...e total length of both days of the deposition of Andy Phillips shall not be less than the total length of both days of the deposition of John Hynes, and the second day of the deposition of Andy Phillips shall be held in the same location as the first day of the de position. Defendant Capital Managers, LLC may ask questions at the second day of the deposition of Andy Phillipos on any subject matter allowed by the Evidence Code, the Civil Procedur...

Excerpt: ...he amount of $645 hours x $195 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Defendant Gen Cord. moves to compel further responses to Form Interrogatories – General, Set One, Number 2.8 propound ed on Plaintiff Monica Castaneda. Standard to Compel Further Responses to Interrogatories The Civil Procedure Code instructs that: (a) Each answer in a response to interrogatori...

Excerpt: ...nty She riff's Department shall file an answer or other pleading in response to the First Amended Complaint within 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendants Orange County and Orange County Sheriff 's Department demur to the 1st, 2nd, 3rd, 4th, 5th, 7th, 8th, and 9th Causes of Action of the First Amended Complaint (FAC) filed by Plaintiff Albert Hughes III. Standard for Demurrer ...

Excerpt: ...Interrogat ories (Set One), Request for Admissions (Set One), and Request for Production of Documents (Set 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 organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may in...

Excerpt: ...of ruling. Plaintiff Randell Young is ORDERED to pay to Defendants Seabreeze Management Company, Inc., Estela Alday, Heidi Speare, Eric James, Fred Olsen, and Todd Hunter sanctions in the amount of $925 (5 hours x $185 per hour in reasonable attorney's fees) within 30 days of service of the notice of ruling. Defendants Seabreeze Management Company, Inc.; Estela Alday; Heidi Speare; Eric James; Fred Olsen; and Todd Hunter are ORDERED to serve all ...

Excerpt: ...s required by the San Deigo County Superior Court. Plaintiffs HTL Hotel Advisors, Inc. and Yatish Natraj are ORDERED to pay to Defendants Shivam Patel and Kherva, LLC sanctions in the amount of $2,760 (6 hours x $450 per hour in reasonable attorney's fees and $60 in motion filing fees) within 60 days of service of the notice of ruling. Plaintiffs' counsel is ordered to pay sanctions of $2,360 (5 hours at $450 per hour + $60 filing fee and $50 t...

Excerpt: ...Summary A djudication “Summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c, subd. (c).) In addi tion, “[a] party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or...

Excerpt: ...al Notice in Support of Demurrer to First Amended Complaint of Plaintiff Barbara Travers is GRANTED as to Exhibits 1 – 3. Defendant Mark Andrew Lockwood demurs to the 1st Cause of Action of the First Amended Complaint (FAC) filed by Plaintiff Barbara Travers. Standard for Demurrer 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...

Excerpt: ... Cleland Sales Corp., Blizzard Beer Systems, James Cleland, and Adam Cleland demur to the 1st through 13th Causes of Action of the First Amended Complaint (FAC) filed by Plaintiff Cecilio Losoya. Standard for Demurrer A demurrer challenges only the legal sufficie ncy 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...

Excerpt: ...aint filed by Plaintiff Angelica Espinoza. Standard for Demurrer 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.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.Ap...

Excerpt: ...the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights. Standard for Motion for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The co urt, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppressi...

Excerpt: ...e Amended Complaint of Plaintiff, Randell Young is CONTINUED to May 13, 2024, at 8:30 a.m. in Department N15. Defendants Seabreeze Management Company, Inc.; Estela Alday; Heidi Speare; Eric James; Fred Olsen; and Todd Hunter are ORDERED to serve all demurrer and mo tion to strike moving papers and reply papers upon Plaintiff Randell Young properly by mail service on or before April 16, 2024, and file a proof of service on or before April 19, 202...

Excerpt: ...dgment on the plea dings with respect to the Second Amended Complaint (SAC) filed by Plaintiff Jane Doe 7030. Standard for Motion for Judgment on the Pleadings A defendant may make a motion for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Stevenson Real Estate Servs., Inc. v. CB Richard Ellis Real E...

Excerpt: ...dgment on the plea dings with respect to the Second Amended Complaint (SAC) filed by Plaintiff Jane Doe 7030. Standard for Motion for Judgment on the Pleadings A defendant may make a motion for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Stevenson Real Estate Servs., Inc. v. CB Richard Ellis Real E...

Excerpt: ...gwick is ORDERED to se rve the Complaint-In -Intervention upon all parties within 30 days of filing the Complaint -In -Intervention. Proposed Plaintiff -In -Intervention Sedgwick moves for leave to file a Complaint -In -Intervention. Standard for Intervention A non- party, who is referred to as an “intervenor,” may become a party to an action or proceeding between other persons by: (1) Joining a plaintiff in claiming what is sought by the c...

Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $30,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...

Excerpt: ...the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights. Standard for Motion for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The co urt, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppressi...

Excerpt: ...ez -Bass mov es for terminating sanctions and monetary sanctions against Defendant Roberto Francisco Gallegos (Defendant Gallegos). Standard for Monetary and Non- Monetary Discovery Sanctions The court may impose monetary, issue, evidence, terminating, or contempt san ctions against any person engaging in any misuse of the discovery process. (See Code Civ. Proc., § 2023.030, subds. (a) -(e).) Misuse of the discovery process includes, but is not ...

Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $25,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...

Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $25,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...

Excerpt: ...esponses t o Form Interrogatories – General, Set One, Number 17.1 within 21 days of service of the notice of ruling. Defendant Abir Cohen Treyzon Salo, LLP is ORDERED to serve full, complete, and verified responses to Special Interrogatories from Special Interrogato ries from Defendant Daniel Perales to Defendant Abir Cohen Treyzon Salo, LLP, Numbers 1, 2, 3, 4, 13, 21, and 23, as amended, within 21 days of service of the notice of ruling. Def...

Excerpt: ... Deputy Mica h Sulham, Deputy Adam Copeland, Deputy Frank Deleo, Deputy Susan Orellana and Deputy Mark Odom. Service of Process and Opposition Plaintiff served the instant motion on Defendants' Counsel to four electronic mail addresses, all with domain name “ccmslaw. com.” Specifically, Plaintiff served the motion on “[email protected]”, “[email protected]”, “[email protected]”, and “[email protected]”. However, Defenda...

Excerpt: ...e of the no tice of ruling. Plaintiff Keisha Lee seeks an award of attorney's fees in the amount of $19,249 and costs in the amount of $1,425.54 from Defendant Jaguar Land Rover North America, LLC and Defendant Jaguar Land Rover Newport Beach pursuant to the SongBeve rly Consumer Warranty Act. Basis for Award of Attorney's Fees The Song -Beverly Consumer Warranty Act (SongBeverly Act), Civil Code section 1790 et seq., states that “[i]f the buye...

Excerpt: ...e to Requests for Production of Documents (Set Three) is GRANTED. Defendant Capital Managers, LLC is ORDERED to serve full, complete, and verified responses and responsive documents to Cardflex Inc.'s Requests for Production to Capital Managers, LLC, Set 3, without ob jections, within 10 days of this ruling. Defendant Eventus Holdings, LLC is ORDERED to serve full, complete, and verified responses and responsive documents to Requests for Produ...

Excerpt: ...-42, 55 -56 is GRANTED in part and DENIED in part. Defendant General Motors, LLC is ORDERED to serve full, complete, and verified responses to Form Interrogatories – General, Set One, Interrogatories Numbers 12.1 and 15.1 within 30 days of service of the notice of r uling. Defendant General Motors, LLC is ORDERED to serve full, complete, and verified responses to Plaintiff's Special Interrogatories to Defendant General Motors, LLC, Set One, I...

Excerpt: ...rt ORDERS that the version of the Declaration of Jemma E. Dunn in Support of Plaintiff Jane Doe 7030's Opposition to NewportMesa Unified School District's Motion for Summary Judgment that does not redact Plaintiff's true name, (ROA #144), shall not be made available to the public without court order. The court ORDERS that the version of the Declaration of Jemma E. Dunn in Support of Plaintiff Jane Doe 7030's Opposition to NewportMesa Unified Sc...

Excerpt: ...ent Reques ts 1-5. Non -Party Avalon Laboratory Services, LLC is ORDERED to serve full, complete, and verified responses and responsive documents to Document Requests 6 and 7 of the Deposition Subpoena for Production of Business Records Served on Nonparty Avalon Labo ratory Services, LLC, within 30 days of service of the notice of ruling. Defendant Integritox Laboratories, LLC (Defendant Integritox) and Defendant Laboratory Services, MSO, LLC (D...

Excerpt: ...and First A mended Complaint (FAC) for lack of personal jurisdiction due to defective service. Standard to Quash Service of Process A court lacks jurisdiction over a defendant if there has not been proper service of process upon that defendant.  (See Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) Therefore, “[a] defendant, on or before the last day of his or her time to plead or within any further time that the court may for good c...

Excerpt: ...hard moves to dismiss the 1st, 2nd, and 3rd Causes of Action of the Complaint for Property Damages, Breach of Contract, Fraud and Punitive Damages filed by Plaintiff Daniel Escamilla. 1st Cause of Action (Willful Misconduct Resulting in Property Damage) The crux of Plaintiff's claim is that Defendant rented a 2018 Ford F- 150 Lariat vehicle and caused damage to it when he had a duty not to do to so. Defendant argues that Plaintiff lacks standing...

Excerpt: ...ing. Plain tiff Meadows Bank LP is ORDERED to pay to Defendant Kimberly Ann Gavin sanctions in the amount of $1,600 (4 hours x $400 per hour) within 30 days of service of the notice of ruling. If the sanctions are not paid in a timely manner, they shall accrue intere st at the legal rate of 10% per annum. Defendant Kimberly Ann Gavin (Defendant Gavin) moves to compel Plaintiff Meadows Bank to provide further responses to Requests for Production o...

Excerpt: ...in Departme nt N15. Plaintiff Tesser, LLC is ORDERED to serve by mail all application papers and notice of this ruling on Defendant Bridget Simpson, Defendant Lee B. Simpson, and their counsel of record. Plaintiff Tesser, LLC applies for a right to attach order and order for issuance of a writ of attachment against Defendant Bridget Simpson aka Bridget Scordo (Defendant Bridget) and Defendant Lee B. Simpson (Defendant Lee) in the amount of $358,5...

Excerpt: ...hin 30 days of service of the notice of ruling. For purposes of the above - referenced responses and responsive documents, the term “Engine Defect” shall mean: [D]efects which result in symptoms [of] an illuminated check engine light, reduced power mode, fuel pressure se nsor leaking, vehicle leaking clear fluid, fuel leak at the fuel rail, DTC P0087, DTC P0172, DTC P0260, DTC P2DEE, DTC P228A, DTC P228B, DTC P228C, DTC P2490, DTC P2627, DTC...

Excerpt: ...022- 01291747). The court clerk is ORDERED to file this ruling in each of the above cases. Defendant, Cross -Complainant, and CrossDefendant Jennifer Landsman (Defendant Landsman) moves to consolidate the following cases: 1) Rangel v. Landsman (Case Number 30 - 2022- 01252534); 2) State Farm Mutual Automobile Insurance Company v. Landsman (Case Number 30-2022- 01259393); and 3) Nielsen v. Landsman (Case Number 302022- 01291747). Standard to Cons...

Excerpt: ...ssica J. Gallardo Celis. Standard for Demurrer 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.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) ...

Excerpt: ... and 14- 16. With respect to the evidentiary objection numbers 2- 3, 5, 6, 7, 11-12, and 14- 16, Defendant Newport Mesa Unified School District did not quote the portions of the evidence to which it was objects but did provide a brief description of what it found to be objectionable. (See Cal. Rules of Ct., rule 3.1354(b).) Based on the limited des cription, the court sustains these objections only to the extent that they seek to challenge evide...

Excerpt: ...D to file this ruling in each of the above cases. Defendant, Cross -Complainant, and CrossDefendant Jennifer Landsman (Defendant Landsman) moves to consolidate the following cases: 1) Rangel v. Landsman (Case Number 30 - 2022- 01252534); 2) State Farm Mutual Automobile Insurance Company v. Landsman (Case Number 30-2022- 01259393); and 3) Nielsen v. Landsman (Case Number 302022- 01291747). Standard to Consolidate “When actions involving a commo...

Excerpt: ... records. (See Evid. Code, § 452, subd. (d).) Attorney Tony Wong of Wong & Associates Lawyers are ORDERED to produce to Plaintiff Wei He, Plaintiff Xizoning Ren, Plaintiff Yueli Zhao, and Defendant Qiaoyun Zhang any retainer agreement(s) between himself and/or Wong & Associates, on the one hand, a nd Plaintiff Wei He, Plaintiff Xizoning Ren, Plaintiff Yueli Zhao, Defendant Qiaoyun Zhang, Neede Education Investment Management, Inc., and/or Irvine...

Excerpt: ...nses to Defendant ClearChoice Management Services, LLC's Form Interrogatories —Employment, Set One, without objections and within 30 days of service of the notice of ruling. Plaintiff Susanne Feusi is ORDERED to serve full, complete, and verified responses to Defendant ClearChoice Management Services, LLC's Special Interrogatories, Set One, without objections and within 30 days of service of the notice of ruling. Plaintiff Susanne Feusi is ORD...

Excerpt: ...aintiff Luis Alberto Garcia is ORDERED to serve fu ll, complete, and verified responses and responsive document to Inspection Demand Set No. 1, without objections, within 30 days of service of the notice of ruling. Plaintiff Luis Alberto Garcia is ORDERED to pay to Defendant Amber Ashley Melville sanction s in the amount of $978 (0.5 hours x $500 per hour and 2.5 hours x $375 per hour in reasonable attorney's fees and $60 in motion filing fees)...

Excerpt: ...l Numbers 4.1, 4.2, and 15.1, within 30 days of service of the not ice of ruling. Defendant RML Properties is ORDERED to serve full, complete, and verified responses to Form Interrogatories – General Numbers 4.1, 4.2, and 15.1, within 30 days of service of the notice of ruling. Plaintiff Sharon Galasso's Motion to Compe l Defendant Maya Linda II, LLC's Further Responses to Requests for Production is DENIED without prejudice. Plaintiff Sharon G...

Excerpt: ...t Max Berreyesa pursuant to the Agreement between the parties dated February 22, 2023, in the amount of $34,417 plus reasonable attorney's fees and costs of $2,660. Plaintiff Virginia Kumpe moves to vacate the dismissal of this action and to enter judgment against Defendants Dandelion Enterprises, LLC dba Tappin Roots and Max B erreyesa pursuant to the Agreement between the parties dated February 22, 2023 and the Stipulation for Entry of Judgment...

Excerpt: ...Gold Rain Foundation (Defendant GRF) and Defendant Seal Beach Mutu al Eleven (Defendant SBME) move to strike punitive damages allegations and claims from the First Amended Complaint for Damages (FAC) filed by Plaintiffs John Dennis Mulvihill, Breda Marie Mulvihill -Hernandez, and Julia Geraldine Mulvihill. Standard for Mo tion to Strike A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or...

Excerpt: ...iller contained in Plaintiff Judy P. Fisher's Compendium of Evidence in Support of Opposition to Defendant Deloitte Services LP's Motion for Summary Judgment or Summary Adjudication, (ROA #225), and the information contained therein. The court ORDERS that, within 15 days of this ruling, Plaintiff Judy P. Fisher s hall file redacted versions of: 1. Plaintiff Judy P. Fisher's Statement in Opposition to Defendant Deloitte Services LP's Amended Sepa...

Excerpt: ...discovery by taking in California the oral deposition of any person, including any party to the action. (See Code Civ. Proc., § 2025.010.) A party desiring to take an oral deposition of a person who is under the jurisdiction of the court shall give written notice of the deposition. (S ee Code Civ. Proc., § 2025.2 20, subd. (a).) ”If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employ...

Excerpt: ...ry objections to the declaration of Stefan Chacon are OVERRULED. Plaintiff SSSHT Opco SE Division Street, LLC's evidentiary objections to the declarations of Tracee DeGrande and Collette Gray are OVERRULED. Defendant Integral Senior Living, LLC (Defendant Integral) moves to compel arbitration of the claims brought by SSSHT Opco SE Division Stree t, LLC and to stay these proceedings pending completion of arbitration. Defendant Integral Senior Livi...

Excerpt: ...e), without objections, within 30 days of service of the notice o f ruling. Defendant Aileen Pham is ORDERED to serve full, complete, and verified responses and responsive documents to the Post Judgment Debtor Request for Documents (Set One), without objections, within 30 days of service of the notice of ruling. Defend ant Aileen Pham is ORDERED to pay to Plaintiff M.V. Partners sanctions in the amount of $1,432.50 (3.5 hours x $375 per hour in ...

Excerpt: ...1, and Request for Admission Number 34, within 21 days of servic e of the notice of ruling. Defendant Maya Linda II, LLC is ORDERED to pay to Plaintiff Sharon Galasso sanctions in the amount of $2,495 (1.0 hours x $500 per hour and 5.0 hours x $375 per hour in reasonable attorney's fees and $120 in motion filing fees) within 21 days of service of the notice of ruling. Plaintiff Sharon Galasso (Plaintiff Galasso) moves to compel further responses...

Excerpt: ...ERS that judgment shall be entered in favor of Plaintiff National Funding, Inc. and against Defendant Robert Bitz as to the 2nd Cause of Action of the Complaint in the sum of $374,191.91 plus any prejudgment interest, reasonable attorney's fees, and costs allowed by law. Plaintiff National Funding, Inc. shall prepare a proposed judg ment and serve it on Defendants Hard Rock Exteriors LLC dba Nu Normal and Robert Bitz, and submit it to the court p...

Excerpt: ....3d 531. Standard for Reconsideration Civil Procedure Code section 1008 states that: When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may . . . make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. (Civil Proc. Code, § 1008, s...