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2019.11.21 Motion to Compel Deposition and Production of Records 240
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.11.21
Excerpt: ...sumers were mailed to approximately 20 individuals pertaining to their loan files, which were requested in connection with some of the requests for production of documents. Although omitted in the moving papers and the Carlin Declaration, based on an email dated 10/4/19 from VOM's counsel to Attorney Martin, nonparty Hebert Borja, one of the consumers, did object to the deposition subpoena. Ex. D. There is no information in the moving papers rega...
2019.11.21 Motion for Leave to Reopen Discovery, Request for Monetary Sanctions 671
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.11.21
Excerpt: ...This motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (CCP § 2024.050(a).) “The court shall take into consideration (1) The necessity and the reasons for the discovery; (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) Any likelihood tha...
2019.11.21 Motion for Leave to Amend 044
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.11.21
Excerpt: ...dments of pleadings are allowed in theory at any time in furtherance of justice, and while courts generally exercise liberality in permitting amendments, the Court must also consider whether prejudice will result to the other parties. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761; W&W El Camino Real, LLC v. Fowler (2014) 226 Cal.App.4th 263, 270.) Prejudice exists where the amendment would require delaying the trial, add to the costs of ...
2019.11.21 Motion for Attorney Fees 236
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.11.21
Excerpt: ...there is no dispute that plaintiff qualifies as a prevailing party overall, and with regard to the specific causes of action which carry a potential right to recover attorney fees (more on this below). Although plaintiff did not prevail on all eight causes of action asserted, she prevailed on a majority of her claims and secured a total award in her favor of $53,624.86. Defendants do not dispute that plaintiff qualifies as a prevailing party but ...
2019.11.21 Motion for Summary Judgment 840
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.11.21
Excerpt: ...en to produce admissible evidence on each element of its causes of action entitling him to judgment on the causes of action. (CCP § 437c(p)(1); S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 388.) Only if the plaintiff meets its burden does the burden shift to the other side to present specific facts establishing a triable issue of fact. (CCP §437c(p); Aguilar v. Atlantic Richfield (2001) 25 Cal.4th at 845.) “In...
2019.11.14 Motion for Leave to File Amended Complaint 613
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.11.14
Excerpt: ... requirements contained in CCP §1005(b). Pursuant to California Rules of Court, Rule 3.1324, the moving party must: a) Specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and b) Include with the moving papers:  a copy of the proposed amended pleading; and  a declaration specifying: (1) the effect of the amendment(s); (2) why the amendment is necessary and proper; (3) when th...
2019.11.14 Demurrer 983
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.11.14
Excerpt: ...ays after the conference. The conference is not meant to substitute for any future meet and confer that will be required under § 430.41(a), if there is another demurrer to the next pleading. Defendants are to give notice. Uncertainty There is some uncertainty about whether Plaintiff Touraj is alleging a direct-victim or bystander theory of negligence, as the facts implicate both potentially. Therefore, the next pleading should be clear by includ...
2019.11.14 Motion for Summary Adjudication 506
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.11.14
Excerpt: ...wo females, and then slapped one of them on her bottom. Nobody was amused. Several students complained, prompting Bassinne to ramp up his shenanigans by actively intimating students who he viewed as potentially adverse witnesses. Defendant district investigated, and found all the allegations (sexually abuse and subsequent intimidation) credible. The Orange County District Attorney also investigated, and secured from Bassinne a guilty plea to a fe...
2019.11.14 Motion to Compel Arbitration and Stay or Dismiss Action 233
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.11.14
Excerpt: ... at ¶8. Additionally, Plaintiff does not dispute that both defendants may seek to enforce the arbitration agreement. Thus, the burden shifts to Plaintiff to demonstrate the arbitration agreement is not enforceable. (Buckhorn v. St. Judge Heritage Medical Group (2004) 121 Cal.App.4th 1401, 1406.) Plaintiff argues that the arbitration provision in this case is not enforceable because it fails to meet the additional procedural requirements for unwa...
2019.11.14 Motion to Strike 049
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.11.14
Excerpt: ..., or any other official proceeding authorized by law, (e)(2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law…” (CCP § 425.16(a); Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1062.) The Defendant must show that the activity giving rise to his asserted liabi...
2019.10.24 Motion to Compel Further Responses 285
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.24
Excerpt: ... of record, Rima M. Badawiya and K. Fredric Willis of Lewis Brisbois Bisgaard & Smith, LLP. This is an elder abuse case arising from the care and treatment of Margarita Beltran De Leon (“Plaintiff”) while she resided at Defendant's skilled nursing facility known as Harbor Villa Care Center (the “Facility”). The Complaint in this matter was filed on February 21, 2019 and alleges of causes of action for elder abuse/neglect, negligence, elde...
2019.10.24 Motion for Summary Judgment, Adjudication 737
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.24
Excerpt: ...PART. MPs have requested summary adjudication on five issues. The Motion is GRANTED as to Issues 1, 2, and 4. The Motion is DENIED as to Issues 3 and 5. Issue 1: Issue 1 is directed to three of the causes of action (“COAs”) in Plaintiff's Complaint: strict liability (COA 1) negligence (COA 2), and breach of warranty (COA 4). But the Opp at p. 17 concedes that COAs 1 and 4 do not apply to MPs. What remains at issue is thus only COA 2, for Negl...
2019.10.24 Demurrer, Motion to Strike 633
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.24
Excerpt: ...y an additional $50 per month for the upgraded machine, and to limit the number of photocopies to a total of 144,000 or pay $.01 extra per page upon Plaintiff's demand and the type of papers to use with the machines. Complaint, at ¶¶6-7 (Defendants breached the “Oral Agreement by, among other things, failing to sign the Service Agreement, failing to sign the revised Lease Agreement, failing to sign the revised Service Agreement, …”). Plai...
2019.10.17 Motion to Compel Arbitration and Stay Action 302
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.17
Excerpt: ...was timely. Additionally, the Court exercises its discretion to consider the entire Opposition even though it exceeds the page limits by 1 page. (CRC Rule 3.1113(g).) Page 16 of the Opposition did not raise any new arguments, Defendant was able to provide a substantive response, and there was no prejudice to Defendant. The Merits: Defendant, a non-signatory to the Lease, argues it is entitled to avail itself of the arbitration provision in the Le...
2019.10.17 Motion for New Trial 785
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.17
Excerpt: ...ipt of the proceedings”].) MPs' citations to excerpts of a “rough” transcript are thus insufficient here. The Motion fails in any event on the merits. MPs argue under C.C.P. § 657(1) and § 657(7) that there were multiple errors or irregularities in the proceedings which deprived them of a fair trial. But MPs have not shown that any alleged error was prejudicial to their right to a fair trial or that a different result would have been prob...
2019.10.17 Motion for Summary Judgment, Adjudication 457
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.17
Excerpt: ... Objections to Verzal Declaration: All OVERRULED, except Objection No. 9, which is SUSTAINED. Rainbow's Objections to Edison's Request for Judicial Notice, Google Map Photograph: Objection No. 19 is SUSTAINED. Edison's Objections to Norris Declaration: All OVERRULED. Rainbow's Request for Evidentiary Sanctions: Rainbow's request for evidentiary sanctions based on alleged spoliation of evidence by Edison is DENIED. A request for evidence sanctions...
2019.10.17 Motion to Set Aside 505
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.17
Excerpt: ...tiff's counsel on 07/19/19 and filed with this Court six days later. Had the stipulation been filed with a proposed order thereon, the default would have been set aside pro forma. Nevertheless, this Court finds counsel's refusal to now honor that stipulation (ostensibly because defense counsel objected to interrogatories) to be a bad faith tactic and in violation of the California Attorney Guidelines of Civility and Professionalism, Sec 4, 6, 9. ...
2019.10.10 Motion for Summary Judgment, Adjudication 934
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.10
Excerpt: ...ter of law. (McCabe v. American Honda Motor Co. (2002) 100 Cal.App.4th 1111, 1119; C.C.P. § 437c(c).) To satisfy this burden, a defendant moving for summary judgment must establish that one or more of the elements of a cause of action cannot be established or that a complete defense exists to the cause of action. (Id.; C.C.P. § 437c(o).) If the defendant meets this burden, the burden shifts to the plaintiff to show a triable issue of material f...
2019.10.10 Request for Issuance of Preliminary Injunction 934
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.10
Excerpt: ...probability that the moving party will prevail as well as such equitable factors such as the relative harm to the parties from the granting or denial of relief. (SB Liberty, LLC v. Isla Verde Assn., Inc. (2013) 217 Cal.App.4th 272, 280; Monterossa v. Superior Court (2015) 237 Cal.App.4th 747, 757.) A court decides, while balancing the respective equities of the parties, whether the defendants should or should not be restrained from exercising rig...
2019.10.10 Motion for Summary Judgment 044
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.10
Excerpt: ...It doesn't appear to be mentioned in the Complaint itself, or in the Plaintiffs' discovery responses. The Court will therefore treat this as a request by the Plaintiff to amend the pleading. Before the entry of judgment, Plaintiffs may therefore promptly move for leave to amend the complaint to include the theory. The Scope of Motion According to the undisputed evidence, Defendant Joseph Chavez was driving the vehicle at the time of the accident,...
2019.10.3 Application for Right to Attach Order and Writ of Attachment
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.3
Excerpt: ...is likely being utilized by the individuals as a personal instrumentality, including because of such factors of underfunding of corporate responsibilities and intermingling of property and finances, in such a way as to cause injustice or disregard of corporate financial responsibilities, including vis-a-vis the plaintiffs here. (See, e.g., Sonora Diamond Corp. v. Superior Court, 83 Cal.App.4th 523, 538 (“Under the alter ego doctrine, ... when t...
2019.10.3 Motion for Leave to File Tardy Compulsory Complaint
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.3
Excerpt: ...e proverbial empty chair). Nevertheless, defendants prefer to have them here in the action. Pursuant to CCP §428.10(b), defendants are entitled to file a cross-complaint against new parties “if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy w...
2019.10.3 Motion for Summary Judgment, Adjudication
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.3
Excerpt: ...s formally dissolved on 08/31/15. MSJ, Ex. 20. Plaintiff had been dealing with AXP Lighting, Inc., for some time regarding the sample bulbs and negotiating the warranty and pricing on the bulbs prior to AXP Lighting's dissolution. MSJ, Exs. 5 and 34. On 09/21/15, Wang incorporated defendant AXP Technology, Inc. (“AXP Technology”). MSJ, Ex. 21. During the 21-days in between dissolution of AXP Lighting and the creation of AXP Technology, and fo...
2019.10.3 Motion to Quash Deposition Subpoena
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.3
Excerpt: ...ivil action commenced here in Orange County. Wymont, a self-described “British Virgin Islands business entity,” entered into that retainer agreement by the hand of Jonathan Sandler, its designated personal representative. The retainer agreement provided that the personal representative (Jonathan Sandler) was personally bound to the terms thereof, including the agreement to have fee disputes resolved in San Diego. See Para 4, 12. The common in...
2019.10.3 Motion for Summary Judgment
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2019.10.3
Excerpt: ...e failed to properly authenticate their documentary evidence, they lack foundation and personal knowledge, and contained impermissible hearsay, conclusions or opinions. Defendants' Request for Judicial Notice is DENIED. Defendants failed to properly place the St. John's University guide to “Understanding Blood Alcohol Content (BAC)” before this Court since the request was made in a footnote in the supporting memorandum in violation of CRC Rul...

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