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2018.5.17 Motion for Change of Venue 648
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.5.17
Excerpt: ...ion”) with the Court and served parties via mail, with a hearing date of 05/17/18. This is improper filing and service of a motion. Pursuant to C.C.P. § 1005(b), “all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” [Emphasis added.] C.C.P. § 1005(b). The Motion was filed one court day after the filing deadline of 04/25/18, and should have been rejected. Further, if notice is served by mai...
2018.5.17 Motion to Bifurcate 004
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.5.17
Excerpt: ... the last decade embroiled in hostilities. Before the Court this day is a motion to plaintiff to bifurcate the defamation cause of action currently stayed on appeal, and lift or narrow a case wide stay to permit all but the defamation cause of action to proceed. A brief review of this Court's history discloses that the premise behind the pending motion is fatally flawed. On 11/10/16, this Court granted defendant's (Frank) special motion to strike...
2018.5.10 Motion to Tax 261
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.5.10
Excerpt: ...ty, other than the memorandum of costs, is her declaration. The only testimony provided in the declaration is the defendant's assertion that "Defendants never served a Code of Civil Procedure Section 998 offer in this action.” Williams Dec. ¶ 2. The assertion is irrelevant because the moving party does not challenge expert witness fees, interest or any costs related to a 998 Order. The motion properly challenges and the plaintiff acknowledges ...
2018.5.10 Motion to Quash Subpoena 772
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.5.10
Excerpt: ...ction at trial on 03/19/18, but trial has since been continued. However, since there is a risk of this issue recurring, what with the subpoenas being recently re-issued with the new trial date, this Court will exercise its discretion to reach the motion on the merits. There are two subpoenas at issue, one to plaintiff Palo Capital, and the other to cross- defendant Kevin O'Grady. Both request production of basically the same types of documents pe...
2018.5.10 Motion to Quash Deposition Subpoenas 271
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.5.10
Excerpt: ...oad, Anaheim, California 92806; Los Alamitos Medical Center - X-rays, 3751 Katella Avenue, Los Alamitos, California 90720 is DENIED. AUTHORITIES: Although a plaintiff suing for personal injuries waives the physician-patient privilege (Ev.C. § 996), plaintiff still has a right of privacy in his or her medical records. Disclosure thereof depends upon balancing the need for discovery against the need for confidentiality. Ordinarily, discovery of re...
2018.5.10 Motion to Continue Trial 108
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.5.10
Excerpt: ...ue. First, discovery is no longer automatically extended when the trial date is continued. CCP §2024.020(b). Instead, the party making such a request must demonstrate necessity, due diligence, absence of prejudice, and a good faith meet and confer effort to resolve beforehand. CCP §2024.050(a)-(b). Defendants did not submit a motion pursuant thereto to have discovery extended. Moreover, the declaration filed in support of the motion to continue...
2018.5.10 Motion to Compel Arbitration 110
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.5.10
Excerpt: ...tration under CCP §1281 et seq, the moving party has the burden of demonstrating (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. Mansouri v. Superior Court (2010) 181 Cal.App.4th 633, 640; Brodke v. Alphatec Spine Inc. (2008) 160 Cal.App.4th 1569, 1575. The burden rests with the party seeking to compel arbitration to establish these three...
2018.5.10 Application for Writ of Possession 813
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.5.10
Excerpt: ... application papers were filed, the court received a declaration from plaintiff's counsel stating that the defendant Maxwell was no longer apparently present at a former address in Irvine, California. Further, the application papers and summons were later served on the Defendant more recently, at a residential address in Sunset Beach, California according to a proof of service (see Register of Action # 37 and 48). The Court will hear from the par...
2018.4.26 Motion to Consolidate 622
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.26
Excerpt: ...d to avoid unnecessary costs or delay.” C.C.P. § 1048(a). Under CRC Rule 3.350: “(a) Requirements of motion (1) A notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and (C) Be filed in each case sought to be cons...
2018.4.26 Demurrer 883
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.26
Excerpt: ...te facts sufficient to constitute a cause of action as to the 2nd, 3rd and 8th causes of action. SUSTAINED on grounds of failure to state facts sufficient to constitute a cause of action as to the 1st, 4th, 5th, 6th, and 7th cause of action as follows: As to the 1st cause of action for declaratory relief, plaintiffs fail to plead facts showing the existence of an actual controversy involving justiciable questions relating to plaintiffs' and defen...
2018.4.26 Demurrer, Motion to Strike 908
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.26
Excerpt: ...ave a chest intubation and a catheter in her chest cavity to resolve the pneumothorax. Plaintiff was hospitalized for 4 days. Defendant is demurring to the 2 nd, 3 rd and 4 th causes of action on grounds of failure to state facts sufficient to constitute a cause of action and uncertainty. As to C/A #2, the Court finds that the elements of CACI 530A are sufficiently pled and Plaintiff has failed to state how and where this C/A is uncertain. The de...
2018.4.26 Motion for Summary Judgment 202
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.26
Excerpt: ...nopposed by either defendant, one of whom is representing herself and the other a non-represented entity. Nonetheless, the motion must be DENIED on procedural grounds. First, the Notice is defective. Though phrased on a motion for summary judgment, it actually reads as one for summary adjudication. Where summary adjudication is sought, the notice must specify the “specific cause of action” sought to be adjudicated. CRC 3.1350(b). In addition,...
2018.4.26 Motion for Summary Judgment 662
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.26
Excerpt: ...s medical records from Orange Coast Memorial Medical Center; decedent's medical records from Healthcare Partners Medical Group; decedent's medical records from Kaiser Pennanente; decedent's medical records from Sea Cliff Healthcare Center; decedent's medical records from Huntington Beach Hospital; decedent's autopsy report; decedent's death certificate; and the amendment to decedent's death certificate and opined that when providing care and trea...
2018.4.26 Motion to Approve Final Report of Revenue and Expenses 978
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.26
Excerpt: ...e evidence. The defendants have filed a “Financial Statement” prepared and verified by defendant. The Financial Statement is not supported by admissible evidence. Defendants Douglas and Bonnie Stewart, request that the Court issue the following Order: 1. To Pay Defendants, Douglas and Bonnie Stewart, in the amount of $15,408.30 from the Partnership funds currently held in Trust by Attorney Neil Pedersen for their expenses incurred on behalf o...
2018.4.26 Motion to Compel Arbitration 660
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.26
Excerpt: ...Mansouri v. Superior Court (2010) 181 Cal.App.4th 633, 640; Brodke v. Alphatec Spine Inc. (2008) 160 Cal.App.4th 1569, 1575. The burden rests with the party seeking to compel arbitration to establish these three prerequisites by a preponderance of the evidence. Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972. The scope of the DRA is admittedly broad, covering the claims in dispute herein and requiring arbitration thereof. The...
2018.4.26 Demurrer 147
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.26
Excerpt: ...�new litigation” to PJ; b. PJ approves, then instructs clerk of the court to file the new lawsuit; c. If clerk accidentally files without PJ consent, lawsuit “shall be automatically dismissed unless the plaintiff within 10 days of the filing of that notice obtains an order from the presiding justice or presiding judge permitting the filing of the litigation.” §391.7(c) Here, plaintiff timely submitted her proposed complaint for PJ approval...
2018.4.26 Motion to Continue Trial, Compel Production, for Sanctions or Attorney Fees 369
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.26
Excerpt: ...t to provide any responses. Plaintiff's responses are therefore late, and Defendant's Motion was appropriate. Further, as Plaintiff failed to provide timely responses, all objections are waived. C.C.P. § 2031.300(a). Defendant's unopposed Motion to Compel Responses to Request for Production, Set One, is GRANTED. Plaintiff is to provide verified responses, without objection, within 15 days of the date of hearing. #3 - Motion to Compel Answers to ...
2018.4.26 Motion to Dismiss or Stay Action 547
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.26
Excerpt: .... Plaintiffs dispute Defendants' claim that the FAAs apply here. Plaintiffs Liu and Zhao concede that they signed the Account Application. (Liu Decl. ¶ 3; Zhao Decl., both at ¶ 3, conceding same.) In their Opposition, they argued the FAA could not apply to them as it was dated 12/18/14, and so did not exist when they signed their Application. On reply, Defendants conceded that for Liu and Zhao, the wrong version was attached to the Motion, and ...
2018.4.5 Application for OSC for Sale of Dwelling 563
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.5
Excerpt: ...atter is timely presented to the Court. (See 2/13/18 Decl. herein). However, a proposed Order to Show Cause form was not provided by the Applicant, as the Court requested in the minutes of 2/9/18. Under CCP §704.770, “(a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor to show cause why an order for sale should not be made in accordance with the applica...
2018.4.5 Application for Right to Attach Order, Writ of Attachment 713
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.5
Excerpt: ...ation. Based on the evidence presented, Plaintiff has not established its claim is for money based on a contract with Defendant where the total amount of the claim is fixed or readily ascertainable as required by Code of Civil Procedure section 483.010(a). The plaintiff has presented no evidence of a contract between the plaintiff and the defendant HB Crude. The plaintiff has not provided this court with any evidence which supports a finding that...
2018.4.5 Motion to Seal 772
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.5
Excerpt: ...er party or non-party would create a substantial risk of serious financial or other injury that cannot be avoided by less restrictive means.” Order 1.e. Materials designated this way may only be viewed by this Court, certified reporters, counsel, experts, consultants, and “any person” who is “familiar” with the materials if all parties agree. Order 8. Here, defendant asks this Court to uphold his decision to designate his own deposition...
2018.4.5 Motion to Set Aside Default 682
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.5
Excerpt: ... and judgment is void. The Defendant Moshe Ninio has established that he lacked notice of the action in time to defend and that such “was not caused by his avoidance of service or inexcusable neglect.” DEFENDANT MOSHE NINIO'S MOTION: When service of a summons has not resulted in actual notice to defendant in time to defend the action, defendant may move the court to set aside the default and any judgment thereon and for leave to defend the ac...
2018.4.5 Motion to Set Aside Default, Judgment 794
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.5
Excerpt: ...nent death in the November and December 2017 timeframe. See, Decl. MANH at paras. 9 & 15. He further states that due to his inadvertence and distraction, that both a default and default judgment were entered against Defendant. See, Decl. MANH at para. 15. The Court finds that this showing is credible. The Motion to Set Aside Default was filed on 03-20-18, which was within the six month time limit following entry of default judgment on 01-05-18. D...
2018.4.5 Motion to Withdraw as Attorney 651
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.5
Excerpt: ... it appears that the client's address is unknown: If the attorney has no current address for the client, a reasonable effort must be made to locate the client (e.g., through the County Registrar of Voters). The attorney (or search firm) must provide a declaration detailing the efforts made. If the declaration establishes the client cannot be located despite diligent efforts, the client may be served in compliance with CCP § 1011(b), which author...
2018.4.5 Motion to Bifurcate 118
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.4.5
Excerpt: ...that bifurcation will result in any convenience to the witnesses or judicial economy. It is not clear that a bifurcated punitive damages phase will be more expeditious. Additionally, the defendants have not established that bifurcation is needed to avoid undue prejudice. There is no evidence which supports a determination that the damages phase will present an overwhelmingly sympathetic reaction such as to make it difficult for the jury to decide...

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