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2018.5.11 Motion to Tax, Strike Costs 098
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.5.11
Excerpt: ...led by plaintiffs. Motion continued to 6/22/18 at 9:00 AM in this department. On its own motion, the court takes judicial notice of: (1) plaintiffs' Second Amended Complaint (ROA No. 272); (2) defendant Richard Perlin's motion for nonsuit filed on 2-19-15 (ROA No. 915); (3) plaintiffs' Opposition to defendant Perlin's motion for nonsuit (ROA No. 926); and (4) the court's 2-20-15 minute order (ROA No. 934). Defendant's motion to tax contends that ...
2018.5.11 Demurrer 375
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.5.11
Excerpt: ...not proper to consider such evidence in ruling upon a demurrer. See Ion Equipment Corp v. Nelson (1980) 110 Cal.App.3d 868, 881. Defendants' requests For judicial notice are denied, on the basis that the requests fail to comply with CRC Cal. Rules Court, Rule 3.1306, specifically because: (i) the request is not made in a separately filed pleading; (ii) the request fails to specify what part of the files the parties seek judicial notice of; (iii) ...
2018.5.11 Demurrer 360
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.5.11
Excerpt: ...not proper to consider such evidence in ruling upon a demurrer. See Ion Equipment Corp v. Nelson (1980) 110 Cal.App.3d 868, 881. Defendants' requests For judicial notice are denied, on the basis that the requests fail to comply with CRC Cal. Rules Court, Rule 3.1306, specifically because: (i) the request is not made in a separately filed pleading; (ii) the request fails to specify what part of the files the parties seek judicial notice of; (iii) ...
2018.5.11 Motion to Compel Production of Docs 913
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.5.11
Excerpt: ...ce. Moving party's request for monetary sanctions is denied. 2. Motion by judgment creditor for assignment order. No opposition. Motion granted in part and denied in part. The motion is granted as to third parties Advanced Bifurcation Systems, Inc. and Certus Financial Group, LLC. The court orders that all rights and interests of defendant / judgment debtor Charles Laverty in any monies due from Advanced Bifurcation Systems, Inc., and TCFG Invest...
2018.4.27 Petition to Confirm Arbitration Award 669
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.27
Excerpt: ...t does not act as an appellate court to substitute its own judgment for that of the arbitrator. The interpretation of the underlying contract is a question of law for the arbitrator, not the court. The court cannot “overrule” the arbitrator even if the court disagrees with the arbitrator's interpretation. United Steelworkers v Enterprise (1960) 363 US 593, 599. One of the grounds upon which the court can vacate an arbitration award is when th...
2018.4.27 Petition to Amend Birth Certificate 715
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.27
Excerpt: ...nity (H&S 102766 et seq.), or after adoption (H&S 102625 et seq.) However, the court was unable to find any authority allowing the court to summarily order a birth certificate be amended to correct the mother's name, as Petitioner requests here. Third, there is no evidence supporting the request. Petitioner seeks to correct her birth certificate on the grounds that her birth mother allegedly gave incorrect information to the hospital and to Los A...
2018.4.27 Petition to Confirm Arbitration Award 586
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.27
Excerpt: ...that he told the arbitrator he was going to retrieve evidence he had left in his truck, and the arbitrator told him he would wait for him, but when he returned, the arbitrator was gone. (RP Response at 3:12-26.) Responding party also provided a verification under penalty of perjury for the entire response. An arbitration award may be vacated where “[t]he rights of the party were substantially prejudiced by the refusal of the arbitrators … to ...
2018.4.27 Motion to Approve Settlement, Vacate or Stay Execution 339
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.27
Excerpt: ...o by the parties. While there are some situations in which the court is mandated to approve settlements (e.g. class actions, minor's claims, some probate matters) this is not one of those situations. Nonetheless, the court sees no reason not to approve the settlement particularly since the family law court has already done so. The court is not persuaded that it is precluded from doing so by the automatic bankruptcy stay. Therefore, for what it is...
2018.4.27 Petition to Transfer Structured Settlement Payments 720
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.27
Excerpt: ...rect county; (3) Section 1(i) of the agreement grants a security interest that may exceed the amount of the transferred payments; (4) The petition and supporting evidence fail to provide details concerning prior efforts to assign any portion of the structured settlement, whether such efforts were successful and whether the transferor was satisfied with such transactions; (5) The court cannot determine if all of only a portion of the structured se...
2018.4.20 Motion for Post Judgment Attorney Fees 261
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.20
Excerpt: ...§ 685.040. Also, a contractual basis for recovery of attorney's fees against judgment debtor Tung Minh Nguyen as guarantor was established. Finally, plaintiff/ judgment creditor Mintaka Financial, Inc.'s post-judgment enforcement attorney's fees and costs are reasonable. See, PLCM Group, Inc. v. Drexler (2000) 22 Cal.4 th 1084, 1094. Moving party to give notice. ...
2018.4.20 Demurrer 945
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.20
Excerpt: ...or Court (1981) 30 Cal.3d 244, 249. Next, a complaint for unlawful detainer can be verified on information and belief by a corporate officer or managing member of a limited liability company. See, C.C.P. § 446. Civil Code § 1812.10(a) provides that it is applicable to: “An action on a contract or installment account under this chapter shall be tried in the superior court in the county where the contract was in fact signed by the buyer, where ...
2018.4.20 Motion to Set Aside Default, Judgment 504
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.20
Excerpt: ... jurisdiction to hear the CLRA matter. Section (d) of CCP § 1782 states as follows: (d) An action for injunctive relief brought under the specific provisions of Section 1770 may be commenced without compliance with subdivision (a). Not less than 30 days after the commencement of an action for injunctive relief, and after compliance with subdivision (a), the consumer may amend his or her complaint without leave of court to include a request for d...
2018.4.13 Demurrer 278
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.13
Excerpt: ...irectly relevant to the issue of possession may be raised as a defense in an unlawful detainer action. See, Barela v. Superior Court (1981) 30 Cal.3d 244, 249. Second, Civil Code § 2924.11(a) authorizes a party to bring an action to seek an injunction to enjoin a violation of Section 2924.11, but such action must be brought before a Trustee's Deed Upon Sale has been entered. A Trustee's Deed Upon Sale has been entered against the subject propert...
2018.4.13 Motion for Attorney Fees 700
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.13
Excerpt: ...sts to establish that they are excessive or not reasonable. See, Lunada Biomedical v. Nunez (2014) 230 Cal.App.4 th 459, 488. The court finds that the $4,527.50 in challenged legal services sufficiently related to the surety action and therefore recoverable. Finally, the claimed $3,588.75 in legal services to analyze the reply, conduct legal research, and draft the reply and supporting reply declaration are reasonable. Moving party to give notice...
2018.4.13 Motion for Summary Judgment 754
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.13
Excerpt: ...tson v. Osman (1986) 185 Cal.App.3d 308, 315 [disapproved on other grounds in Woods v. Young(1991) 53 Cal.3d 315].) Defendant to give notice. ...
2018.4.6 Petition to Expunge Lis Pendens 342
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.6
Excerpt: ...ptcy or there is another restratin that prevents the claimant from commencing an action to enforce the lien. Civil Code § 8484. Moving party to give notice. ...
2018.4.6 Motion for Summary Judgment 130
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.6
Excerpt: ...nd the supporting declaration fails to state the date of service. Additionally, the declaration fails to state the method of service of the Three Day Notice to Quit. There is also a triable issue as to whether the defendant continued in possession of the property following service of the Three Day Notice to Quit on the same grounds stated above. Plaintiff may not rely upon the allegations of its own verified complaint or its exhibits to cure thes...
2018.4.6 Motion to Terminate State Bar's Jurisdiction over Law Practice 786
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.6
Excerpt: ...t Amy Lynn Spencer's storage unit, this laptop remains unclaimed by former attorney Amy Lynn Spencer despite notice to respondent's last known business address and last known e-mail addresses. Hence petitioner State Bar is authorized to have the disk drive destroyed in a commercially reasonable manner and that balance of the computer should be destroyed in a commercially and environmentally compliant manner. Any other electronic devices seized fr...
2018.4.6 Motion to Compel Compliance with Deposition Subpoena 665
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.4.6
Excerpt: ...ed the subpoena as they filed written objections thereto. Second, judgment debtor has an interest in preventing or delaying discovery of his assets. Third, counsel's declaration says he was not “personally served,” not that he never received the notice. The objections filed by judgment debtor to the notice of deposition are all overruled. Objections Nos. 6 and No. 10 are without merit. The records subpoena is addressed to Hart King and not th...
2018.3.9 Petition to Confirm Arbitration Award 586
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.9
Excerpt: ...P 1013b(b)(1)) or (b)(4) in that they do not include the electronic service addresses of person making service or the person served. There are no additional responsive documents filed by respondent which would waive this defect. The hearing is also continued in order for respondent to have an opportunity to respond to the additional evidence provided by petitioner. Petitioner is ordered to serve the following to respondent by 3/14/18: (1) the ame...
2018.3.9 Petition Re Disposition of Firearm 853
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.9
Excerpt: ......
2018.3.9 OSC Re Sanctions 781
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.9
Excerpt: ...hn Michael Waller, payable to counsel for Claimant US Immigration Bonds. The court declines to order the monetary sanctions paid from the remaining balance of surplus sale proceeds on the grounds that Claimant US Immigration Bonds failed to cite any statutory or other authority for the distribution of Code Civ. Proc. § 128.5 sanctions from surplus sales proceeds held by the court under authority of Civ. Code §§ 2924j, & 2924k. c) The court spe...
2018.3.9 Motion to Vacate Order 784
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.9
Excerpt: ...hile the court determined it had no jurisdiction to vacate the arbitration award, it did have jurisdiction to award contractual attorney fees based on the unsuccessful motion to vacate that was opposed by respondent. Brown v Desert Christian Center (2011) 193 Cal. App. 4 th733. A court always has jurisdiction to determine its own jurisdiction and, when appropriate, award attorney fees in connection with that determination. Attorney fees are award...
2018.3.9 Motion to Terminate Jurisdiction 786
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.9
Excerpt: ...tinued hearing date of 3-9-18 on its motion to terminate its jurisdiction as ordered as well as notice of the continued status conference to this same date. The court also inquires whether petitioner State Bar has a last residence address for attorney Amy Lynn Spencer and whether the State Bar can give notice to this address as the State Bar is requesting that this court authorize the destruction of a laptop computer and all electronic equipment ...
2018.3.9 Motion to Add Judgment Debtor 112
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.3.9
Excerpt: ...any evidence to establish that Palm Royal Limited Partnership was the alter ego of judgment debtor Royal Bar, or that Palm Royal Limited Partnership was the successor of Royal Bar. Third, the Plaintiff failed to present evidence to establish that Palm Royal Limited Partnership in its capacity as alter ego of Royal Bar in fact “…had control of the previous litigation, and thus was virtually represented in the lawsuit.” NEC Electronics v. Hur...

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