Excerpt: ...arillo Liviero sanctions in the amount of $ 1,770 (3.8 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. Defendant Rockstar Staffing, LLC's evidentiary objections to the Declaration of Melissa Newman Avila are OVERRULED. Plaintiff Sergio Carillo Liviero moves to compel further responses to Special Interrogatory Numbers 2-5 and 13-17, and for monetary sanctions aga...

Excerpt: ... because their declarations are immaterial to the court's ruling. Plaintiff Rafael C. Ramos moves to compel further responses to Request for Production of Document, Set One and for monetary sanctions against Defendant Ford Motor Company (Defendant Ford). Standard to Compel Further Responses to Requests for Production A party may move for an order compelling further responses to requests for the production of documents on the grounds that: (1) a s...

Excerpt: ... site' provision for judicial notice in California.”]; Searles Valley Minerals Operations, Inc. v. State Board of Equalization (2008) 160 Cal.App.4th 514, 519 [“[A]lthough it might be appropriate to take judicial notice of the existence of the Web sites, the same is not true of their factual content”], italics original.) Defendant Payward, Inc. moves to compel arbitration of all of the claims brought by Plaintiff Keeho Kim and to stay these...

Excerpt: ...rom the mobile home and two automobiles. The court further ORDERS that Defendant Theodore G. Laurent is PROHIBITED and ENJOINED from selling, encumbering, or transferring any funds or property that constitute or were derived from the proceeds of the March 1, 2021 sale of the real property located at 8662 Pacheco Avenue, Westminster, CA 92683. Plaintiff is ORDERED to file an undertaking in the amount of $50,000 and attach evidence that the underta...

Excerpt: ...y the proceedings in this case pending the resolution of the “underlying action”. Standard to Stay Proceedings “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489; see also Code Civ. Proc., § 128(a).) “[T]he power to stay proceedings is incidental to the power inherent in every court to co...

Excerpt: ...ntiary objections numbers 2-5 and 6-8, and OVERRULED as to the remainder of the objections. Defendants Kairos Manford Private Equity Fund I LP's; K-M GP Ltd's; Kairos Investment Management Company, LLC's; Manford Technologies Holding Limited Partnership's; and Carl Chang's evidentiary objections are OVERRULED as to all evidentiary objections. Defendants Kairos Manford Private Equity Fund I LP; K-M GP Ltd; Kairos Investment Management Company, LLC...

Excerpt: ... to the evidence presented as none were material to the disposition of this motion. (See Code Civ. Proc., § 437c(q).) Defendant California Automobile Insurance Company (Defendant CAIC) moves for summary judgment or, in the alternative, summary adjudication on the Complaint of Plaintiffs Matt Puccio and Lisa Puccio, individually and as trustees of the Puccio Family Trust dated September 5, 2007. Standard for Summary Judgment or Summary Adjudicati...

Excerpt: ... Joe Fodera as Judgment Debtor Successors to Plaintiff's Judgment Against Defendant Nick's Ristorante & Pizzeria, LLC Pursuant to California Labor Code 200.3") is GRANTED as to Exhibits E, F, H, K, L, and M, and DENIED as to Exhibit D. (See Evid. code, S 452, subds. (c), (h). ) Defendants Joe Fodera's and Elisa Fodera's Request for Judicial Notice is GRANTED as to Exhibits 1, 2, 3, and 4. (See Evid. Code, S 452, subds. (d). ) However, the court d...

Excerpt: ...ng Arbitration The right to arbitration depends upon contract, and thus, a motion to compel arbitration is akin to a suit in equity seeking specific performance of that contract. (See Little v. Pullman (2013) 21 g Cal.App.4th 558, 565.) The parties may, among other things, agree that the arbitration agreement will be controlled by the Federal Arbitration Act (FAA), which includes both procedural and substantive provisions. The FAA states that wri...

Excerpt: ...ure before Trial S g: 53. la (The Rutter Group 2022) ["It is not necessary to ask the court to take judicial notice of materials previously filed in the case; you should simply call the court's attention to such papers."].) Defendant CHCM, Inc., dba College Hospital Costa Mesa (Defendant CHCM) demurs to the 1st through 7th causes of action contained in the Complaint filed by Plaintiff Alex Alfonso Salaverria. Standard for Demurrer In ruling on a ...

Excerpt: ...he requirement that Plaintiff JPMorgan Chase Bank, N.A post a bond in order to obtain the writ of possession is WAIVED. Defendant Insurance Auto Collision Center (Defendant IACC) and/or Defendant Aram Grigorian (Defendant Grigorian) are ORDERED to post a bond in the amount of $102,350 if either of them wishes to prevent Plaintiff JPMorgan Chase Bank, N.A. from taking possession of the Subject Vehicle pursuant to the writ of possession or otherwis...

Excerpt: ...ori Smelts, and Ava Fisher. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the 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....

Excerpt: ...ent, LLC (Defendant BEI) demurs to all 5 causes of action plead in the Complaint filed by Plaintiff Linda Hong. Background This litigation revolves around the Imperial Spa located in Garden Grove, California (Spa). Plaintiff and her deceased husband, Howard Kea, founded the Spa in 2002 and the two of them managed and owned the Spa together with Defendants Joung Hee Kea (Defendant Kea) and Won Beom Lee (Defendant Lee). (Hong v. Lee, December 29, 2...

Excerpt: ...dgment, or in the Alternative, Summary Adjudication; and Attachment 4 to Exhibit 21 to Exhibit E, Exhibit H, and Attachment 4 to Exhibit 21 to Exhibit J to the Declaration of Maryam Arshad in Support of Defendants' Motion for Summary Judgment, or in the Alternative, Summary Adjudication. Defendants Kairos Manford Private Equity Fund I LP; K-M GP Ltd; Kairos Investment Management Company, LLC; Manford Technologies Holding LP; and Carl Chang move t...

Excerpt: ...o Compel Responses to Special Interrogatories and Requests for Inspection of Documents are taken OFF CALENDAR as moot. Plaintiff Bhuvneshwari Corporation's Motions to Compel Depositions are DENIED. All parties' requests for sanctions are DENIED. Plaintiff Bhuvneshwari Corporation's moves for Responses to Form Interrogatories, Special Interrogatories, and Requests for Inspection of Documents, a set of each of which was propounded on Defendants Ken...

Excerpt: ... P. Dibiasi, and the Declaration of Laurence C. Hall are OVERRULED Defendants Laguna Village Owners' Association, Inc. and Park West Landscape Maintenance, Inc. each separately move for summary judgment as to the Complaint for Premises Liability filed by Plaintiff Heidi McCollough. 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 mate...

Excerpt: ...uling. The court ORDERS that any peace officer personnel records disclosed to or discoverable by Plaintiff Ricardo Martinez shall not be used for any purpose other than a court proceeding pursuant to applicable law. Plaintiff Ricardo Martinez moves for an order directing the Orange County Sheriff-coroner Department to make available to Plaintiff for examination, inspection, and copying 8 categories of personnel records relating to Orange County s...

Excerpt: ... Special Motion to Strike (Anti-SLAPP) Civil Procedure Code section 425.16(b) provides that: "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the LJnited States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probabil...

Excerpt: ...pta v. Uber Technologies, et al., Orange County Superior Court Case No. 30-2020-01121607 (Gupta v. Uber Technologies Case), the court granted Defendant Uber's petition to confirm the same arbitration award at issue in this petition. (See Senesi Decl., 7 & Exh. 3.) It is true that the court's order dated October 26, 2022, from the Gupta v. Uber Technologies Case confirmed the entire arbitration award before the court here and all parties to the ar...

Excerpt: ...t be dismissed against Defendant San Young because the court sustained Defendant San Young's demurrer with leave to amend and Plaintiff Homelink Catering failed to amend the Complaint within the specified time period. Standard to Dismiss for Failure to Filed Amended Complaint The Civil Procedure Code states that: (f) The court may dismiss the complaint as to that defendant when: (1) Except where Section 597 applies, after a demurrer to the compla...

Excerpt: ...ions of fact contained in the 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) 152 Cal.App.4th 154...

Excerpt: ...1st, 2nd, and 3rd Causes of Action contained in the First Amended Complaint (FAC) filed by Plaintiff NTHC, LLC. Standard for Demurrer In ruling on a demurrer, a court must accept as true all allegations of fact contained in the 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 ...

Excerpt: ...ction, Set One, without objections and within 30 days of service of the notice of ruling. Defendant CHCM, Inc.'s Motion to Have Requests for Admissions Deemed Admitted is GRANTED. The Court ORDERS that Defendant CHCM, Inc.'s Requests for Admission be deemed admitted as against Plaintiff Alex Alfonso Salaverria. The court ORDERS that Plaintiff Alex Alfonso Salaverria pay to Defendant CHCM, Inc. sanctions in the amount of $1,365 (5 hours x $225 per...

Excerpt: ...ices Corporation's Request for Judicial Notice is GRANTED. (See Evid. code, S 4520.) Defendant AltaMed Health Services Corporation moves this court for a stay of these proceedings for up to go days to allow the united States to determine whether it will accept Defendant's tender of the defense in this case. 42 U.S.C. section 233 states: The remedy against the United States provided by sections 1346(b) and 2672 of Title 28, or by alternative benef...

Excerpt: ...etermine if they can agree on the issues listed below. At least 5 court days prior to the next hearing, the parties shall file, either jointly or separately, declaration(s) stating whether the parties were able to agree upon the following issues and if they were not able to agree, each party's position as to each issue: 1) the fair value of Plaintiff's shares of the Corporation (including Plaintiff Anthony Ernest Decuollo's percentage interest in...