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2023.10.25 Application for Writ of Possession and TRO, to Strike 354
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.25
Excerpt: ...oceedings. (Cal. Rules of Ct., rule 5.2(c).) By the application, Plaintiff seeks writ of possession of "TUMBLES, a dog, approximately 6 years old, male Cockapoo," during the pendency of this action. (ROA 46.) California's claim and delivery law is found under CCP secton 511.010 et seq. Although it is "based upon the common law writ of replevin," claim and delivery is a "strictly statutory remedy." (Cal. Prac. Guide Enf. J. & Debt at 4:560; see al...
2023.10.18 Motion to Strike 579
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.18
Excerpt: ...elevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule or an order of the court. Code Civ. Proc. S 436. "Irrelevant" matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not support by the allegati...
2023.10.18 Motion to Dismiss 619
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.18
Excerpt: ...demurrer. (See Citizens for Parental Rights v. San Mateo County Bd. of Education (1975) 51 Cal.App.3d 1, 38), The Court declines to take the motion offcalendar because Plaintiff has opposed the motion on the merits, (as a demurrer), and has not shown he was prejudiced by the erroneous labeling. (Carlton v. Quint 77 Cal.App.4th 690, 697.) he Court further notes that it has not considered any of the "supplemental" that were untmely filed without le...
2023.10.18 Motion to Dismiss 328
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.18
Excerpt: ...very lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2W9) 174 Cal. App. 4th 967, 991.) Once a party is ordered by the court to provide responses to discovery, continued failure to respond may result in the imposition of more severe sanctons. (See Ctxle Civ. SS 2030.290(c) (interrogatories), 2031.3Cqc) (requests for production); see also The Rutter Group, Civil Prmædure before Trial 8:852.) The moving party need only sh...
2023.10.18 Motion to Compel Arbitration 975
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.18
Excerpt: ...ation order. [CRC 3.1113(d), 3.754(c)(2)] A motion to compel arbitration is neither of these. Yet, Plaintiff's Memorandum of Points and Authorities is 19 pages thereby exceeding the allotted limit of 15 pages, without leave of court. A memorandum exceeding the permissible page limits "must be filed and considered in the same manner as a late-filed paper"; i.e„ the court in its discretion may refuse to consider it in ruling on the moton. [CRC 3....
2023.10.18 Motion for Reconsideration 246
Location: Orange County
Judge: Steiner, Scott
Hearing Date: 2023.10.18
Excerpt: ...ion made by a party must be based on new or different facts, circumstances, or law than those before the court at the time of the original ruling. (Code Civ. Proc., S subd. (a).) The moton must also be accompanied by an affidavit from the moving party that states: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. (Code C...

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