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2018.2.1 Motion to Withdraw as Attorney 937
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...arvig requests from this Court an order relieving it from further participation in this case. An attorney may withdraw as counsel of record if the client breaches the agreement to pay fees, insists on pursuing invalid claims or an illegal course of conduct, or when other conduct by the client renders it unreasonably difficult for the attorney to do his job, including when there is a breakdown in the attorney-client relationship. California Rules ...
2018.2.1 Motion to Strike 988
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...ng averment for punitive damages. Initially, there continues to be a concern over standing. Although defendants have not raised the issue, this lingers on from the prior unsuccessful application for appointment of a guardian ad litem. As indicated in the operative pleading and opposition papers, it appears this litigation is being handled by plaintiff's daughter, Dellia Montgomery. The “authorization” presented by her to this Court specifies ...
2018.2.1 Motion to Strike 671
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...ode of Regulations for the subject premises. Evidence Code § 669 codifies the “negligence per se” doctrine as a presumption affecting the burden of proof: i.e., defendant's failure to exercise due care is presumed if: • Defendant violated a statute, ordinance or safety regulation of a public entity; • The violation legally caused injury or death; • The occurrence resulting in the injury or death was of a nature that the statute, ordina...
2018.2.1 Motion to Consolidate 622
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...895671) filed 1/05/17 5. Palatinus v. Casa Apts. (2017-932144) filed 7/18/17 CCP 1048 (a) provides that: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” The court DENI...
2018.2.1 Motion for Leave to File Complaint 203
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...f action for Malicious Prosecution and new allegations regarding the express written release currently pled in the Cross Complaint. The court finds no prejudice to Cross Defendants resulting from Cross Complainant's delay from July to January in seeking this leave. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, it is an abuse of discretion to deny leave in...
2018.2.1 Motion for Attorney Fees 718
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...the prevailing party, and award costs of suit and statutory attorney fees, at the conclusion of a litigation, after all the claims are resolved. [See CCP §1033.5(a)(10), (c)(5)); Cal.R.Ct. 3.1702(a),(b), 8.104(a); Civ. Trials & Evid. §§ 17:151-52, 17:166 (Rutter Group 2017); P R Burke Corp. v. Victor Valley Wastewater Reclamation Authority (2002) 98 Cal.App.4th 1047, 1052.] Here, the case is not over, and Plaintiff still has one undisposed-of ...
2018.2.1 Demurrer 572
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...C does allege facts to support its claim as to her “creditor” status. (FAC ¶¶ 9 & 10.) Nor is the TILA claim clearly time-barred. Buyers argue that even if she is a creditor, there is a 3-year limitation on the right to rescind. But a demurrer on statute of limitations grounds will not lie where the action is not necessarily barred – the defect must appear clearly and affirmatively upon the face of the complaint. (Lee v. Hanley(2015) 61 C...
2018.1.25 Motion to Vacate, Set Aside Request for Entry of Default 238
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.1.25
Excerpt: ...ause it might be required to satisfy the judgment against its insured. The moving party has attached a copy of the proposed answer to th e motion. Colfer Dec. ¶ 2, Exhibit A. The default was enters on July 5, 2017 and default judgment was entered o n July 14, 2017. Rodriguez Dec. ¶¶ 16. This motion was filed on October 10 , 2017. Therefore, it is timely under CCP § 473(b). The moving party has established its insured's default and de-fault ju...
2018.1.25 Demurrer 457
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.1.25
Excerpt: ...aintiff's counsel are ordered in the future to dul y participate in the required meet and confer process, pursuant to CC P §430.41(a). Demurrer to 1st C/A for Breach of Written Contract The First Amended Complaint alleges fairly clearly, there was an ora agreement with specific terms (FAC ¶ 11) but it is less clear about the writte n contract. It alleges, the oral agreement “was later memorialized in variou s writings, together constituting a...

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