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16417 Results

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2018.2.23 Motion to be Relieved as Counsel 593
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.23
Excerpt: ... which states, it has filed for bankruptcy protection in the Central District of California, in case no. 8:17-bk-14545-TA. (See Docket #363, Notice of Stay f. 12/28/17, and attachments thereto, in 2012-594022.) Among the creditors or the participants who were listed in the bankruptcy notice there, included the moving attorneys here (Cornman & Swartz) as well as the plaintiff here (Mission Recruiting LLC). (See id.) This Motion is denied without p...
2018.2.23 Motion for Order to Pay Expenses 965
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.23
Excerpt: ... granted as to RFA nos. 13-14, but Bellavia's request for $50,000 in fees is denied. Instead, the Court awards $1,500 as reasonable expenses. If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under CCP § 2033.010, et seq., and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move ...
2018.2.23 Motion for Attorneys' Fees 736
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.23
Excerpt: ...es are authorized by contract, statute, or law. (Code Civ. Proc., § 1033.5, subds. (a)(10)(A), (B), & (C); Serrano v. Unruh (1982) 32 Cal.3d 621, 637.) Here, the court has already determined that fees are authorized by contract. There any question that Peloquin is the prevailing party on appeal. The court has broad authority to determine the amount of reasonable fees. (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095.) The court may make...
2018.2.23 Motion for Attorney Fees 121
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.23
Excerpt: ...ope of the receivership orders by the Nevada court and such a receiver cannot be individually liable for attorney's fees and costs. See, Sealite, Inc. v. Finster (1957) 149 Cal.App.2d 617, 618. Relatedly, counsel for the receiver cannot be liable for attorney's fees and costs in association with a motion to expunge lis pendens. See, Doyle v. Superior Court (1991) 226 Cal.App.3d 1355, 1359. Hence any claim for attorney's fees and costs is limited ...
2018.2.23 Claim of Exemption 964
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.23
Excerpt: ...dgment, and finds this amount is not exempt from garnishment. The court further finds that claimant's remaining earnings are exempt. Regarding claimant's claimed expenses [Page 7 of Claim of Exemption], her claimed expenses for rent, food, Verizon, Spectrum, Edison, gas company, car payment, AAA [which appears to be car insurance], dental, and allergy medications, appear to be reasonable. Contrary to responding party's contentions, the amounts cl...
2018.2.23 Motion for Preliminary Approval of Class Settlement 892
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.23
Excerpt: ...oth the Class Action Settlement Agreement (Settlement Agreement) and the proposed orders omit the provision in the Notice of Pendency of Class Action Settlement and Hearing Date for Court Approval (Notice to Class) that everyone receiving money will be paid in four installments, after defendant makes each payment to the Administrator. The $45,000.00 estimated Administrator fee appears high for a class and settlement of this size. An explanation i...
2018.2.22 Motion for Summary Judgment, Adjudication 870
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.22
Excerpt: ...plaint ceases to have any effect either as a pleading or as a basis for judgment.” (Ibid.) 2. Cross-defendant Yorba Linda Water District's motion for summary judgment/adjudication directed at cross-complainant Wailea Property Partners, LLC's cross-complaint is DENIED. The court has treated this motion as one for summary judgment only, as cross-defendant Yorba Linda Water District (District or YLWD) has failed to comply with California Rules of ...
2018.2.22 Motion for Joinder 680
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.22
Excerpt: ...Agreement is illusory. However, the Court has located no authority that addresses facts the same as or similar to the facts presented here. Given the public policy that arbitration agreements should be enforced wherever possible, the Court concludes that a valid arbitration agreement has been shown here. There is no showing that the 2016 Agreement is void due to fraud in the inception or is procedurally unconscionable. Plaintiff has forthrightly ...
2018.2.22 Motion for Leave to Intervene 964
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.22
Excerpt: ...shall not be thus issued or delivered to any person in this state unless it contains all the following provisions: (1) A provision that the insolvency or bankruptcy of the insured will not release the insurer from the payment of damages for injury sustained or loss occasioned during the life of such policy. (2) A provision that whenever judgment is secured against the insured or the executor or administrator of a deceased insured in an action bas...
2018.2.22 Motion for Protective Order 172
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.22
Excerpt: ...and thus it would have to be denied pursuant to Code of Civil Procedure section 2025.410. (The court further notes that in ruling on the motion for a stay it is notruling on whether the attorney-client privilege applies under these facts. That is a bridge too far under these circumstances. (Finally, and most puzzling, the question the plaintiff corporation seems to pose by this legal malpractice litigation is this: Who owns it? This discovery dis...
2018.2.22 Motion for Reconsideration 171
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.22
Excerpt: ...ral testimony on a contested issue of fact in a motion hearing. Mutual Mortgage Co. v. Avis (1986) 176 CA3d 799, 805. The court also has discretion to refuse to allow oral testimony. Eddy v. Temkin (1985) 167 Cal.App.3d 1115, 1121. A party seeking to introduce live testimony at a law and motion hearing is required, in advance of the hearing, to obtain a court order upon a showing of good cause. The request for the order for live testimony must be...
2018.2.22 Motion for Summary Adjudication 332
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.22
Excerpt: ...hat is in issue is the duty to defend, based on those alleged claims, rather than the ultimate duty to indemnify. Majic/ADA argue a defense is not owed unless it is first shown Majic/ADA caused or contributed to Plaintiff's alleged injuries. In support of their contentions, Majic/ADA point to the language in the policy that they will indemnify, protect, defend (etc.) “provided that any such claim, damage, loss or expense is caused in whole or i...
2018.2.22 Motion for Summary Judgment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.22
Excerpt: ...tions for summary judgment and summary adjudication are denied. Nationstar first argues that the court should grant summary judgment as to Plaintiff's entire case because all of Plaintiff's claims fail for lack of recoverable damages. Nationstar met its initial burden by setting forth evidence that Plaintiff agreed to a limitation on its available damages in the Short Sale Agreement. The Short Sale Agreement states: 14.B. SELLER DEFAULT. BUYER AN...
2018.2.22 Motion for Summary Judgment 326
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ...o. 1: There Is No Triable Issue of Fact as to Plaintiff's First Cause of Action for Breach of Contract, as a Matter of Law. Plaintiff fails to meet its initial burden to prove all elements of the claim for breach of contract—specifically, damages. (See Paramount Petroleum Corp. v. Super. Ct. (2014) 227 Cal. App. 4th 226, 241.) Plaintiff contends the unpaid balance as of 01/01/2017 was $30,639.36, but provides no competent evidence as to how tha...
2018.2.22 Motion to Compel Arbitration 768
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ...inari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses v. Molinari, supra, 132 Cal.App.4th at 1230.) Here, it is undisputed that the parties entered into a written agreement to arbitrate, the claims at issue are covered by that agreement, and Plaintiff has refused to arbitr...
2018.2.22 Motion for Terminating Sanctions 369
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ...hin 30 days. Code Civ. Proc. §§2023.010(d) and (g), 2023.030, 2030.290(c). Plaintiff Ashad Hamideh is ordered to serve verified supplemental responses without objections to the form interrogatories within 15 days. The Motions by Defendant Imran Khan (1) for Terminating Sanctions and/or Other Monetary Sanctions and Attorney Fees against Plaintiff Mohammad Hamideh and (2) for Terminating Sanctions and/or Other Monetary Sanctions and Attorney Fees...
2018.2.22 Motion to Compel Arbitration 632
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ...6. “In short, the testator's intent to benefit the plaintiff is a prerequisite to the imposition of a duty on the attorney to the plaintiff. This makes sense, as the rationale for allowing testamentary instrument beneficiaries to recover in the event of a breach by the attorney is that ‘the main purpose of the testator in making his agreement with the attorney is to benefit' those beneficiaries ‘and this intent can be effectuated ... only b...
2018.2.22 Motion to Compel Arbitration 651
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.22
Excerpt: ...court GRANTS the Petition for the reasons set forth below. This litigation is stayed pending resolution of the arbitration. A. Basic Procedure In Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394, 412-414, the California Supreme Court explained the procedure a trial court must follow when a party files a petition to compel arbitration. The only question is whether the trial court should specifically enforce the arbitrati...
2018.2.22 Motion to Compel Compliance
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.22
Excerpt: ...f to comply with Plaintiff's responses to Pacific Transformer's Requests for Production Nos. 8, 18 and 19. Defendants also seek sanctions. Plaintiff does not oppose these motions, but opposes Defendants' request for sanctions. Based on Plaintiff's non-opposition, Defendants' motions are granted. Plaintiff shall produce any responsive documents not yet produced by March 15, 2018. Defendants' request for sanctions is granted. See Cal. Civ. Proc. Co...
2018.2.22 Motion to Compel Responses 955
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ... is GRANTED. (Code Civ. Proc., section 2033.290.) However, in the event that Plaintiff Kenneth Mayer serves a proposed response to the requests for admission that is in substantial compliance with Code of Civil Procedure section 2033.220 before the time of the hearing, the Court will deny the motion. (Code Civ. Proc., § 2033.280, subd. (c) [the court shall deem the matters admitted "unless it finds that the party to whom the requests for admissi...
2018.2.22 Motion to Quash Deposition 428
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.22
Excerpt: ...2014 to the present. Defendant presented evidence that Plaintiff is engaged in other business activities while out on disability that impacts Plaintiff's claim of lost earnings. Hence a compelling need is shown as to such records. Also, less intrusive means to ascertain what earnings Plaintiff has had since 2014 outside her admitted disability benefits is not shown. Plaintiff's motion to quash is GRANTED as to the balance of the records sought by...
2018.2.22 Request for Judicial Notice 796
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.22
Excerpt: ...dants' demurrer to plaintiff Mankaruse's unverified, first amended complaint: Exhibit 1, Complaint in Mankaruse v. Raytheon Company, et al., O.C.S.C. Case No. 30- 2014-00732670 filed on 7-7-14, Exhibit 2, the Order of 11-9-16 dismissing plaintiff Mankaruse's cause of action for fraud and deceit in plaintiff's 2014 civil action for failure to timely amend, Exhibit 3, the Notice of Entry of Order Regarding Defendants' Demurrer to First Amended Comp...
2018.2.22 Request for Protective Order 934
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.22
Excerpt: ...er conducting an evidentiary hearing, and pursuant to University rules and regulations, made recommendations to the Chancellor of the University about a grievance filed by the plaintiff. Those proceedings are subject to the deliberative process privilege. (See Labor and Workforce Development Agency v. Superior Court (2018) 19 Cal.App.5th 12.) The court finds that defendants have met their burden to show that the nondisclosure of the deliberations...
2018.2.22 Request to Conform Operative Pleading 875
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.22
Excerpt: ...usiness practices was now one for declaratory relief based on the lots yet to have flooring ordered and installed. At the very least there are 352 “remaining lots” which plaintiff claims entitlement to commissions (even though defendant has not necessarily even determined any profit margin). ...
2018.2.22 Motion for Determination of Good Faith Settlement 203
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.22
Excerpt: ... case is sufficient. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) Defendant/Cross-Defendant Parra has satisfied this minimal burden. Together, his moving papers and supporting declaration adequately set forth the nature of the case and all pertinent facts, the settling parties' relative litigation positions, and the barebones terms of the settlement. (See Motion P&As at pp. 2-5; Leenerts Decl., ¶¶ 3-12.) Moving pa...

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