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: ...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...

Excerpt: ...ended Complaint using the same reservation number as Defendant's demurrer and motion to strike that are currently pending. As long as any demurrer and/or a motion to strike with respect to the Fourth Amended Complaint is filed and served in compliance with the Civil Procedure Code, they may be heard on May 20, 2024 at 8:30 a.m. in Department N15. Plaintiffs Thomas Phillips; Fashion Island Surgery Center, LLC; and Thomas J. Phillips, M.D. move fo...

Excerpt: ...1320(j).) Defendant Fountain Valley Regional Hospital and Medical Center (Defendant Hospital ) demurs to the 1st Cause of Action for Elder Abuse of the First Amended Complaint (FAC) filed by Plaintiff Maria Guadalupe Torres. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the compla int. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of...

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: ... -in -Interest to The Estate of Serette Mitchell -Hug hes v. Albert Hughes Jr. (Case No. 30 -202201239731) [referred to as This Action]; and 2) Albert Hughes III, individually, and as the Successor -in -Interest to The Estate of Serette Mitchell -Hughes v. Orange County (Case Number 30 -202301313697) [referred to as County of Orange Action]. Service of Process On July 10, 2023, the court continued the hearing on the Motion to Consolidate Cases fo...

Excerpt: ...le date and time, no later than 30 days after the notice o f ruling is served. Plaintiff Rita Ramirez is ORDERED to pay to Defendant City of Santa Ana sanctions in the amount of $1,060 (4.0 hours x $265 per hour in reasonable attorney's fees), no later than 30 days after the notice of ruling is served. Defendant City of Santa Ana moves to compel the deposition of Plaintiff Rita Ramirez and the production of documents at the deposition. Standard t...

Excerpt: ... held. Defendant Park West Landscape Maintenance, Inc.'s request for sanctions is DENIED. Defendant Park West Landscape Maintenance, Inc. moves to compel David H. Payne, M.D. to appear for deposition. Standard to Compel Nonparty Deposition Any party may obtain discovery by taking in California the oral deposition of any person. (See Code Ci v. Proc., § 2025.010.) A nonparty may be required to appear to give oral testimony in a deposition and/or ...

Excerpt: ... order with respect to certain discovery requests served up on them, including Form Interrogatories Set No. One, Special Interrogatories Set No. One, Requests for Admission Set No. One, and Requests for Production of Document Set No One. Standard for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or org...

Excerpt: ... in the moving papers.” (Def.'s Opp'n to Pltf.'s Dem . Mem. of P.&A.s at p. 2:20 -2:22.) The court therefore will sustain the demurrer. In addition, Defendant requests leave to amend the answer and state that upon granting leave, “the defendant will forthwith file an amended answer.” (Id. at p. 3:8.) “It is an abuse of the trial court's discretion to sustain a demurrer without leave to amend if there is a reasonable possibility” th...

Excerpt: ..., and the 2nd, 4th, 5th, and 6th Causes of Action in their entirety. If Plaintiff Sean Kameli does not amend the First Amended Complaint within the period of time stated above, Defendants Anthony English and English Realty, Inc. shall file an answer or other pleading in response to the First Amended Complaint w ithin 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendants Anthony English (Defe...

Excerpt: ...OVERRULED as to evidentiary objection numbers 1, 2, 3, 4, 5, 6, 8, and 10, and the first sentence objected to in evidentiary objection number 11, and SUSTAINED as to evidentiary objection numbers 7 and 9, and the second sentence objected to in evidentiary objection number 11. Defendant Deloitte Services LP's evi dentiary objections to the Declaration of Plaintiff Judy Fisher are OVERRULED as to evidentiary objection numbers 1 -9. Defendant Deloi...

Excerpt: ...t within 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendant General Motors LLC demurs to the 9th and 10th Causes of Action of the Complaint filed by Plaintiff Maria Alvarez. Defendant General Motors LLC also moves to strike the prayer for punitive damages contained in the Complaint. (See Compl. at p. 14:5 [Prayer, ¶ 11].) Request for Dismissal On January 4, 2024, Plaintiff filed a Reques...

Excerpt: ...Provide Responses to Special Interrogatories (Set Two) is GRANTED. Plaintiff Cliq, Inc. f/k/a Cardflex, Inc.'s Motion to for An Order Compelling Responses, and A Production of Documents, from Defendant Sabin Burrell in Response to Requests for Production of Documents (Set Two) is GRANTED. Plaintiff Cliq, Inc. f/k/a Card flex, Inc.'s Motion to for An Order Compelling Responses, and A Production of Documents, from Defendant Capital Managers, LLC ...

Excerpt: ...s in the amount of $716.25 (1.75 hours x $375 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Plaintiff and Judgment Creditor M.V. Partners moves to compel Defendant and Judgment Debtor Joann Pham to serve responses to the postjudgment Written In terrogatories (Set One). Standard to Compel Responses to Interrogatories A judgment creditor who has obtained a judgment “may p...

Excerpt: ...to transfer this matter to the Ventura County Superior Court. Standard for Transfer of Venue The Civil Procedure Code states that: [I]f an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answer...

Excerpt: ...this motion. The court thus refrains from ruling on the evidentiary objections for that reason and all of the objections shall be considered preserved. Defendant Shana Hernandez specially moves to strike all claims in the First Amended Complaint Þled by Plainti
¯ Harper's Pharmacy, Inc. pursuant to Civil Procedure Code section 425.16 (AntiSLAPP Statute). Standard for Special Motion to Strike (Anti-SLAPP) Civil Procedure Code section 425.16(b) p...

Excerpt: ...ition, but shall do so no later February 8, 2024. Defendant Law O
¯ices of Sunil Shah moves to set aside the default entered on July 25, 2023. (See ROA #256.) Standard to Set Aside Entry of Default or Default Judgment The Civil Procedure Code authorizes the court to “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, surpri...

Excerpt: ...ary 1, 2024, at 2:00 p.m. in Department N15. Plainti
¯ Cliq, Inc. f/k/a Cardßex, Inc.'s Motion for An Order that the Truth of Any Matter SpeciÞed in Requests for Admissions to Capital Managers, LLC Be Deed Admitted is CONTINUED to February 1, 2024, at 2:00 p.m. in Department N15. Plainti
¯ Cliq, Inc. f/k/a Cardßex, Inc.'s Motion for An Order that the Truth of Any Matter SpeciÞed in Requests for Admissions to Eventus Holdings, LLC Be Deed Ad...

Excerpt: ...ary 1, 2024, at 2:00 p.m. in Department N15. Plainti
¯ Cliq, Inc. f/k/a Cardßex, Inc.'s Motion for An Order that the Truth of Any Matter SpeciÞed in Requests for Admissions to Capital Managers, LLC Be Deed Admitted is CONTINUED to February 1, 2024, at 2:00 p.m. in Department N15. Plainti
¯ Cliq, Inc. f/k/a Cardßex, Inc.'s Motion for An Order that the Truth of Any Matter SpeciÞed in Requests for Admissions to Eventus Holdings, LLC Be Deed Ad...

Excerpt: ....2, 12.1 – 12.7, 14.1, 14.2, and 50.1 – 50.6, without objections within 30 days of service of the notice of ruling. Plainti
¯ Katarzyna Nowocin-Kowalczyk is ORDERED to pay to Defendant Lotus Property Services, Inc sanctions in the amount of $852 (3.3 hours x $240 per hour in reasonable attorney's fees and $60 in motion Þling fees) within 30 days of service of the notice of ruling. Defendant Lotus Property Services, Inc. moves to compel resp...

Excerpt: ...aint within 10 days of the expiration of the period of time to amend. (See Cal. Rules of Ct. rule 3.1320(j).) Defendant Wells Fargo Bank, N.A.'s Request for Judicial Notice is GRANTED. (See Evid. Code, S 452 subds. (d), (h).) Defendant Wells Fargo Bank, N.A. demurs to the 1st through 5th Causes of Action of the First Amended Complaint (FAC) filed by Plaintiff Saloomeh Moazed. Standard for Demurrer A demurrer challenges only the legal sufficiency ...

Excerpt: ...dant/Judgment Debtor Scott Baldwin (Defendant) assign to Plaintiff all real estate commissions arising from Defendant's real estate sales. Service of Process Plaintiff originally moved on an ex parte basis and the court denied the ex parte application and set this motion as a noticed motion to be heard on this date. At that time, the court ordered that Plaintiff "serve the Defendant pursuant to code." (ROA #157.) Civil Procedure Code section 708....

Excerpt: ... way disposing of or making unavailable, any property, assets, documents, or information of PHA Professional Services, Inc. dba DC Plumbing, Heating and Air Conditioning; SC Equipment Company, LLC; DC Plumbing, Heating and Air Conditioning, Inc.; or DC Plumbing, Inc. 2. The court ORDERS that all parties to this action continue, without modification or termination, the manner in which PHA Professional Services, Inc. dba DC Plumbing, Heating and Ai...

Excerpt: ... and Mitchell Green. Standard for Summary Adjudication "Summary judgment shall be granted 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„ S 437c, subd. (c).) "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, o...

Excerpt: ...led with the court (i.e„ that these statements were made by the persons to whom they are attributed), the court is not taking judicial notice of the truth of the matters stated therein. (See Glaski v. Bank of America (2013) 218 Cal.App.4th 1079, 1090.) Plaintiff Brittney Mejico moves for summary adjudication with respect to liability and damages on the cause of action for Violations of the Unruh Civil Rights Act, California Civil Code S 51 et s...

Excerpt: ...el the depositions of Robert Rodriguez and Jose Gonzalez, who are employees of Defendant City of Santa Ana. Standard to Compel Deposition Any party may obtain discovery by taking in California the oral deposition of any person, including any party to the acton. (See Code Civ. Proc., S 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. (See Code...

Excerpt: ...e T. Cappucio is ORDERED to pay to Plaintiff CSU Fullerton Auxiliary Services Corporation sanctions in the amount of $1,410 (3.0 hours x $450 per hour in reasonable attorney's fees and $60 in motion filing fees) within 30 days of service of the notice of ruling. Plaintiff CSU Fullerton Auxiliary Services Corporation (Plaintiff) moves to compel further responses to its Form Interrogatories (Set One), Numbers 15.1 and 17.1, propounded on Defendant ...

Excerpt: ..., Esq. The Court SETS a hearing on an Order to Show Cause re: Dismissing the Complaint for Failure to Retain Counsel on February 15, 2024 at 9:30 am in Department N15. The court ORDERS that, within 30 days of receiving the signed Form MC-053 from the court, Counsel Richard E. Masson, Esq. shall serve Plaintiff Michael Cooper, as trustee for the Christopher Michael Cooper Trust, and Plaintiff Christopher Cooper with the signed Form MC-053, notice ...

Excerpt: ... CareRx, LLC's Form Interrogatories — General, Set One on or before January 19, 2024. Defendant VNA of Greater LA is ORDERED to serve full, complete, and verified responses to Plaintiff CareRx, LLC's to Plaintiff CareRx, LLC's Form Interrogatories — General, Set One on or before January 19, 2024. Defendant VNA of Orange County LLC is ORDERED to serve full, complete, and verified responses to Plaintiff CareRx, LLC's to Plaintiff CareRx, LLC's ...

Excerpt: ...otice of ruling. Plaintiff Anthony J. Ortiz's Motion to Compel Further Responses and Responses Under Oath [Form Interrogatories] is GRANTED in part and DENIED in part. Defendant General Motors LLC is ORDERED to serve full, complete, and verified responses and Plaintiff Anthony J. Ortiz's Special Interrogatories, Set One, Numbers 1-6, 23-24, 30-31, 33, and 36 within 30 days of the notice of ruling. Plaintiff Anthony J. Ortiz moves to compel Defend...

Excerpt: ...s to Requests for Production Civil Procedure Code section 2031.210 requires that: The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to ...

Excerpt: ... Conference to discuss the status of Kouyoumjian v. Reganyan and the stay in this action. Defendant Tina Reganyan's Request for Judicial Notice is GRANTED. (See Evid. Code, S 452, subd. (d).) Plaintiff John Doe's evidentiary objections to the Declaration of Defendant Tina Reganyan are OVERRULED as to evidentiary objection numbers 1 and 2, and SUSTAINED as to evidentiary objection numbers 3 and 4. Defendant Tina Reganyan (Defendant Reganyan) moves...

Excerpt: ...gal 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.) Instead, the court "treat[sl the demurrer as admitting all material facts proper...

Excerpt: ...laint or crosscomplaint has been filed may object, by demurrer . to the pleading on any one or more of the following grounds: (a) The court has no jurisdiction or answer.. of the subject of the cause of action alleged in the pleading. (b) The person who filed the pleading does not have the legal capacity to sue. (c) There is another action pending between the same parties on the same cause of acton. (d) There is a defect or misjoinder of parties....

Excerpt: ... 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 include, but is not limited to, one or more of the following directions: . . . (6) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a certain way. (Code Civ. Proc.,...

Excerpt: ...n for such relief, along with a memorandum and a declaration containing facts sufficient to justify the sealing. (Cal. Rules of Court, Rule 2.551, subd. he motion must be served on all parties, and unless the court orders otherwise, a complete copy of the document must be served on all other parties that already possess copies, along with the redacted version. (Cal. Rules of Court, Rule 2.551, subd. (b)(2).) To grant a motion to seal, the court m...

Excerpt: ...mplete, and verified responses to Plaintiff CareRx, LLC's Requests For Admission, Genuineness of Documents, Set One within 21 days of service of the notice of ruling. Defendant VNA of Orange County LLC is ORDERED to serve full, complete, and verified responses to Plaintiff CareRx, LLC's Requests For Admission, Genuineness of Documents, Set One within 21 days of service of the notice of ruling. Defendant Palomar Palliative & Hospice Care is ORDERE...

Excerpt: ... Services LP's Further Responses to Plaintiff's Second Set of Requests for Admission is GRANTED in part and DENIED in part. Defendant Deloitte Services LP is ORDERED to serve full, complete, and verified responses to Plaintiff Judy P. Fisher's Second Set of Interrogatories, Special Interrogatories Numbers 46, 49, and 66-81 within 30 days of service of the notice of ruling. Defendant Deloitte Services LP is ORDERED to serve full, complete, and ver...

Excerpt: ...trike under Anti-SLAPP is GRANTED. (See Evid. Code, S 452, subd. (c) [court may take judicial notice of "records of . .. any court of this state"].) Plaintiff Michelle Mathis' Request for Judicial Notice of Opposition to Special Motion to Strike Under Ant-SLAPP (C.C.P. S 425.16) is DENIED. Plaintiff fails to identify the attached documents or state the basis upon which they may be judicially notice. To the extent the documents are police reports ...

Excerpt: ...he Documents and the Truth of the Matters Specified in Movants' Requests for Admission (Listed Below) Be Deemed Admitted. are taken OFF CALENDAR as moot. Defendant WLC I The Williams Law Corporation is ORDERED to payto Defendants Tryal Edmundson, Osbelia Edmundson, and Daniel Perales sanctions in the amount of $2,865.00 (7.0 hours x $375 per hour in reasonable attorney's fees and $240 in motion filing fees) within 30 days of service of the notice...

Excerpt: ..., false, or improper matter inserted in any pleading or 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. (Code Civ. Proc., S 436.) "Irrelevant" matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim, or a demand for judgment requesting relief not supported by the allegati...

Excerpt: ...LC shall prepare a proposed judgment and serve it on Defendant Venice Development, Inc. dba Cadillac Hotel and Defendant Sris Sinnathamby and submit it to the court pursuant to Rules of Court Rule 3.1590(h). The Court finds good cause to allow Plaintiff 20 days from the date of this ruling to prepare, serve, and submit the proposed judgment. Plaintiff Quick Bridge Funding, LLC moves for summary judgment as to the Complaint filed by Plaintiff, or ...

Excerpt: ...(See Evid. Code, S 452, subd. (d).) Defendant HP Communications, Inc. (Defendant HP) moves for summary judgment on the Second Amended Complaint (SAC) filed by Plaintiff Sarah Huber. For the following reasons, the unopposed moton is granted. Standard for Summary Judgment or Summary Adjudication "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 ent...

Excerpt: ...ute, Civ-l Procedure Code section 425.15. Basis for Award of Attornevs Fees and Costs Civil Procedure Code section 425.16 states that "a prevailing defendant on a [Anti-SLAPP] special motion to strike shall be entitled to recover that defendant's attorney's fees and costs." (Code Civ. Proc„ S 425.15, subd. (c)(l).) under this provision, "any SLAPP defendant who brings a successful moton to strike is entitled to mandatory attorney fees." (Ketchu...

Excerpt: ... to himself for deposition at a mutually agreeable date and time, no later than 45 days after service of the notice of ruling and notice of Defendant Nancy Cheatham's payment of the filing fees for two additional motions to compel. The total time of all of the depositions of PlaintffTaylor Durkee shall not exceed 7 hours. Defendant Nancy Cheatham is ORDERED to pay filing fees for two additional motions to cornpA in the amount of $120 total. Defen...

Excerpt: ...ull, complete, and verified responses to Form Interrogatories— General, Set One and Special Interrogatories, Set One, within 50 days of service of the notice of ruling. The Court will hear from counsel for Plaintiff Cesar Monzon Orellana and Defendant Nieves Landscaping Inc. in a confidential setting regarding the request for sanctons. Defendant Nieves Landscaping Inc. moves to compel further responses to Form Interrogatories — General, Set O...

Excerpt: ...in 30 days of service of the notice of ruling. The Court ORDERS Defendant Melina Silvia Gallegos to pay to Plaintiff Dayse Leonor OrdonezBass sanctions in the amount of $1,250 (2.5 hours x $500 per hour in reasonable attornevs fees) within 30 days of service of the notce of ruling. Plaintiff Dayse Leonor Ordonez-Bass moves to compel responses from Defendant Melina Silvia Gallegos (Defendant Melina) to Plaintiff's First Set of Form Interrogatories...

Excerpt: ...tandard for Motion to Strike A court may strike out any irrelevant, false, or improper matter inserted in any pleading or 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. (Code Civ. Proc., S 436.) "Irrelevant" matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim, or a d...