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2018.2.16 Motion to Tax Costs, Request for Judicial Notice 580
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.16
Excerpt: ...l from the Judgment is consistent with the fact that plaintiffs should not be considered prevailing parties in this action. Defendant is ordered to give notice of the ruling unless notice is waived. ...
2018.2.2 Motion for Leave to File Complaint 206
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.2
Excerpt: ...filed or heard. The parties should review the statute and be prepared to address whether that process would be beneficial, and/or whether a discovery referee should be appointed for this case. In any event, due to the court's unavailability the motions presently set for March 16, 2018 are continued to March 23, 2018 at 10:00 a.m. on the court's own motion, and the Status Conference presently set for March 23, 2018 at 1:30 p.m. is advanced to 10:0...
2018.2.2 Demurrer 628
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ... action, and overruled as to the other causes of action. As to Plaintiff Varney, the demurrer is sustained with 15 days leave to amend as to all but the seventh and eighth causes of action; the demurrer is overruled as to the seventh and eighth causes of action. Defendants' request for judicial notice is granted. First Cause of Action for Violation of Homeowners Bill of Rights (“HBOR”) Civil Code section 2923.7 requires mortgage servicers to ...
2018.2.2 Demurrer 845
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ...9/28/15 and the Certificate of Dissolution filed 9/28/15. Defendants' request for judicial notice of documents filed with the Secretary of State of California granted. Judicial notice of the existence and filings of these exhibits is appropriate, as well as the clear legal effects thereof, pursuant to Evidence Code section 452, subdivisions (c) and (h), but not the truth of any matters asserted therein. (Fontenot v. Wells Fargo Bank, N.A. (2011) ...
2018.2.2 Demurrer, Motion for Summary Judgment or Adjudication 803
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.2
Excerpt: ...complaint, except as to matters which may be judicially noticed")). The Court will take judicial notice of the records of this case, as relevant to the discussion below. (CCP §452(d)). According to Defendants (citing Bennett v. Suncloud), the Court cannot consider the present demurer to the 7 defenses in their Second Amended Answer because it would be an improper reconsideration after the defenses were found to be sufficient in the last round of...
2018.2.2 Demurrer, Motion Strike 061
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.2.2
Excerpt: ...DEFENDANT HASSAN SAFARPOUR DBA MPH CONSTRUCTION COMPANY DEMURRER TO SECOND AMENDED COMPLAINT 6.DEFENDANTS M&M ENGINEERING DESIGN AKA M&M DESIGN FIRM AND VALERI KINLOV KARAKANOV DEMURRER TO SECOND AMENDED COMPLAINT 7.DEFENDANT M&M ENGINEERING DESIGN AKA M&M DESIGN FIRM AND VALERI KINLOV KARAKANOV MOTION TO STRIKE PORTIONS OF COMPLAINT Demurrer of Defendant Applied Geotechnical, Inc. Defendant Applied Geotechnical, Inc. (”AGI”) demurs to 9th (i...
2018.2.2 Demurrer, Motion to Strike 039
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.2
Excerpt: ...the exemplary damages is DENIED. As for Defendant Lam, the exemplary damages do not appear to be pleaded against him in the complaint so there is nothing subject to this motion. (See Compl. at ¶¶ EX-1 and -2). Plaintiff may file and serve an Amended Complaint within 10 days. Plaintiff is requested to clarify the matters below in the future pleading. The Demurrer It is not clear if the 2nd cause of action is meant to be alleged against Defendant...
2018.2.2 Demurrer, Motion to Strike 178
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.2
Excerpt: ...Second Cause of Action purports to state a claim against Hospital, among others, for “Ratification of Assault and Abuse.” To attribute intentional misconduct to an entity, at least for purposes of a punitive damages claim, the one who “ratified” the conduct must be an officer, director or managing agent of that entity. (Civ. Code §3294(b); Cruz v. HomeBase (2000) 83 Cal.App.4th 160, 167.) As Hospital notes in its Demurrer, Plaintiff has ...
2018.2.2 Motion for Determination of Fees, Motion to Vacate Attorney's Fees 965
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ...er Felix (collectively, “Plaintiffs”) for determination of prevailing party and for attorney fees (the “Fees Motion”) was continued from 12/15/17 to 02/02/18 to permit Plaintiffs to file supplemental papers in support of their companion motion to seal records. (ROA 2114.) Thereafter, Plaintiffs filed a notice of withdrawal of the motion to seal records. (ROA 2122.) Accordingly, the Court ORDERS the Clerk to place the Fees Motion (ROA 2061...
2018.2.2 Motion for Final Approval of Class Action Settlement, Award of Attorney's Fees 739
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ...e request for attorney fees and costs, please submit billing records or other detailed evidence to show the reasonableness of work performed. Furthermore, provide an allocation of the fees between the two firms, particularly since there are no hours attributed to the Gareeb firm. 2. Administrator fees of $5,000 for a class of 20 appear to be high and potentially unreasonable. At preliminary approval, the cost was estimated at $3,500, even though ...
2018.2.2 Motion for Judgment on the Pleadings 017
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.2
Excerpt: ...lth & Safety Code §1297.5 and the 4th cause of action for Declaratory Relief is Denied in its entirety. A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer. The ground that the complaint fails to state a cause of action must appear on the face of the complaint or from facts judicially noticeable. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4 th 995, 999 It is apparent t...
2018.2.2 Motion for Judgment on the Pleadings 998
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.2
Excerpt: ...ress of 3324 W. 6th Street # J-101 in Los Angeles. According to defense counsel, plaintiff never responded. See Link Decl Para 3. On 11/28/17, defendant caused to be mail-served upon plaintiff a motion for discovery sanction. The POS indicates that service occurred at plaintiff's listed address of 3324 W. 6th Street # J-101 in Los Angeles. No opposition was filed, and plaintiff failed to appear. The motion to deem RFAs admitted was granted. Defen...
2018.2.2 Motion to Compel Answers 185
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.2
Excerpt: ...7 as Jesus Galvan Rodriguez, ROA #123], to provide verified responses to each of the defendant's (1) Special Interrogatories (Set One), and (2) Demand for Production of Documents (Set One). The Motion regarding form interrogatories was previously taken off calendar by the moving parties and is therefore not considered. [See Register of Action 143, Notice of Withdrawal]. The underlying discovery was propounded by the movants approximately seven mo...
2018.2.2 Motion to Approve Opt-out Notice 588
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.2.2
Excerpt: ... to opt out. The process used in Belaire-West was recently summarized and approved by the California Supreme Court in Williams v. Superior Court (2017) 3 Cal.5th 531, at 553: “The Belaire-West trial court was correct to order disclosure, subject to employees being given notice of the action, assurance they were under no obligation to talk to plaintiffs' counsel, and an opportunity to opt out of disclosure by returning an enclosed postcard.” P...
2018.2.2 Motion for Order Authorizing Levy 067
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.2
Excerpt: ... (just over $8 million in compensatory damages, and another $35 million in punitive damages). The Judgment is reaching its 10 th anniversary and so far plaintiff has only collected approximately $30,000 of the $43 million owed (not counting interest). This is an application by defendant to attach back accounts under the name of a third- party JCC Enterprises. This entity is NOT a judgment debtor, nor has there even been a finding that it is an al...
2018.2.2 Motion for Order of Prejudgment Possession 784
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ...ord owner' means the owner of the legal or equitable title to the fee or any lesser interest in property as shown by recorded deeds or other recorded instruments.” (CCP § 1255.450 (a).) There is no proof showing service of the summons, complaint, and moving papers on Defendants First American Title Insurance Company and The Bank of Hemet. 2. To grant the motion, the Court must find that Plaintiff Southern California Edison (“Edison”) has d...
2018.2.2 Motion for Order to Approve Settlement 449
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.2
Excerpt: ...aid wage and Labor Code violation claims of other aggrieved employees are unsettled and are dismissed without prejudice. The court sets a Final Report Hearing for May 11, 2018 at 10:00 a.m. to confirm that distribution of the approved amounts is complete. Any supplemental papers to be filed in conjunction with the Final Report Hearing are due at least two weeks before the hearing date. Plaintiff is ordered to give notice of the ruling unless noti...
2018.2.2 Motion for Preliminary Approval of Class Action Settlement 697
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ...tice is submitted, a redline version showing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. Plaintiff's valuations (ROA 135 ¶ 25) do not include any calculations for claims for violations of Lab. Code § 226/wage statement claim and Lab. Code § 2802/uniform claim, even though they are alleged in the operative complaint and included in the release. 2. The requested costs are estimated to be $13,000. The...
2018.2.2 Motion for Preliminary Approval of Class Action Settlement 775
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.2
Excerpt: ...ness Hearing, including detailed hourly breakdowns of plaintiff's attorneys to support a lodestar cross-check, detailed plaintiff's attorney cost breakdowns, an Administrator declaration and invoice, and plaintiff's declarations to support enhancement requests, must be filed no later than 16 calendar days before the Final Fairness Hearing date, to provide enough time for court review. Plaintiff is ordered to give notice to defense counsel unless ...
2018.2.2 Motion for Protective Order 575
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ... be barred in its entirety, or in the alternative that the Court limit the categories of examination and document requests to only those which the Court deems relevant to this action. The motion is DENIED in part and GRANTED in part. Preliminary Issues The Court OVERRULES Underwriters' Objections. (ROA 408.) As to D.R. Horton's Objections (ROA 415), the Court rules as follows: Parvin Declaration, Objection no. 1: SUSTAINED as to “because of the...
2018.2.2 Motion for Reconsideration 952
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.2.2
Excerpt: ...ication or motion underlying the Court's 12/18/17 order. Plaintiffs' action was dismissed because their counsel failed to appear for 3 consecutive hearings, resulting in the Court finding that Plaintiffs had failed to prosecute the lawsuit. Instead, and although not specifically raised by Plaintiffs, they appear to be seeking relief under CCP § 473, which permits a party or his or her counsel to seek relief from a judgment, dismissal or order ba...
2018.2.2 Motion for Summary Judgment 743
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ...Code Civ. Proc., § 437c, subds. (a), (p)(2); see also, Willard v. Hagemeister (1981) 121 Cal.App.3d 406, 412-414.) Defendants Hassan M. Alkhouli, M.D. and Pathway Medical Group, Inc. shall submit electronically a proposed judgment and serve it on all parties. Defendants Hassan M. Alkhouli, M.D. and Pathway Medical Group, Inc. shall give notice of ruling. ...
2018.2.2 Motion for Summary Judgment or Adjudication 017
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.2
Excerpt: ... not performing competently in her position, that there is no evidence that Plaintiff was subjected to an adverse employment action, that there is no evidence that Plaintiff was subjected to an adverse employment action because of her pregnancy/sex and that any adverse employment action taken against her by WFB was for a legitimate, nondiscriminatory reason. FACTS 1-56, 58-59. In response, the plaintiff Elyse Jankans has sustained her resulting b...
2018.2.2 Motion for Summary Judgment or Adjudication 918
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.2.2
Excerpt: ...s the landlord and new owner of the refurbished unit. The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute. A defendant moving for summary judgment may prevail on the motion in one of three ways: (1) by affirmatively negating at least one of plaintiff's essential elements; ...
2018.2.2 Motion for Leave to File Complaint 556
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ...facts material to the case occurring after the former complaint or answer.” A motion to file a supplemental pleading is addressed to the sound legal discretion of the court. (Flood v. Simpson (1975) 45 Cal.App.3d 644, 647.) Plaintiff seeks to add five paragraphs to the First Amended Complaint, consisting of allegations that Defendant's enforcement of the governing documents was arbitrarily directed only at Plaintiff. Plaintiff argues that the e...

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