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16398 Results

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2018.2.16 Motion to Strike 900
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.16
Excerpt: ...uty against all Defendants. The court granted Plaintiff leave to amend after sustaining moving Defendants' demurrer to the third cause of action for breach of fiduciary duty in the SAC, reasoning in part that Plaintiff had not alleged that moving Defendants had a fiduciary duty to Plaintiff. (10/27/2017 Minute Order.) In the TAC, Plaintiff deleted moving Defendants from the breach of fiduciary duty cause of action which is now alleged against Def...
2018.2.16 Motion for Reconsideration 632
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.16
Excerpt: ...y motion to be heard after the discovery motion cutoff date, the party must first file a motion under CCP §2024.050 for leave to have the motion heard after the discovery motion cutoff date, and must meet and confer over that issue. However, plaintiff filed its motions on September 25, 2017, 25 days before the last day for motions to be heard based on the November 6, 2017 trial date, which was October 20, 2017. Nonetheless, court congestion caus...
2018.2.16 Claim of Exemption 770
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ...ed in favor of the claimant. (Independence Bank v. Heller (1969) 275 Cal.App.2d 84, 88.) For the bank account, Mr. Wible has now presented adequate support for his claim that his wife's Social Security benefits are directly deposited therein. For the PT Cruiser, Mr. Wible has now presented sufficient information to show the actual value, and that it falls within the exemption available under C.C.P. § 704.010(a). For tools of the trade, Mr. Wible...
2018.2.16 Demurrer 370
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ... condition and repair. Owner argues that Plaintiffs were prior occupants, so under ¶2.5, they were responsible for any corrective work. But even if that were so, the Complaint does not concede prior occupancy. Accordingly, the Demurrer on this ground fails, as it is not self-evident from the terms of the Lease that Plaintiffs were solely responsible for repair of any alleged roof leaks. Owner also argues that under ¶ 8.8 of the Lease, Plaintiff...
2018.2.16 Demurrer 814
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.16
Excerpt: ...f the plaintiff against which a determination is sought. (Code Civ. Proc., § 761.020, subd. (c).) If the plaintiff admits the validity of any adverse claim, the complaint must also contain that admission. This enables the action to determine the title against all persons, with specified exceptions, and avoids the need to litigate interests accepted as valid and to which the plaintiff's title is subject. (Code Civ. Proc., § 762.060, subd. (c).) ...
2018.2.16 Demurrer, Motion to Strike 081
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ...ement funds. Before the Court this day a demurrer and motion to strike to the Third Amended Answer. Demurrer Pursuant to CCP §430.20, a party may demur to an answer on only one of three grounds: (1) Failure to state facts sufficient to constitute a defense; (2) Uncertainty; (3) Failure to state whether contract is oral or written. Plaintiff apparently takes issue with all twelve affirmative defenses. Right out of the gate this demurrer is proced...
2018.2.16 Motion for Judgment on the Pleadings 967
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.16
Excerpt: ...dant is entitled to judgment on the pleadings. However, based on the case of CashCall, Inc. v. Superior Court (2008) 159 Cal. App. 4th 273, 284, the court should allow plaintiff an opportunity to amend the complaint to add a new individual plaintiff. Defendant is ordered to give notice of the ruling. ...
2018.2.16 Motion for Leave to Amend Complaint, Continue Trial 576
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ...g the matter of Service, to ensure that service is proceeding diligently. The Court will also continue the trial date and related dates to a date to be determined during this hearing. Plaintiff and the other parties are expected to proceed diligently with discovery as to the new defendant. All parties shall cooperate in providing new defendants with copies of any discovery pleadings promptly upon request. 2. Motion to Compel Depositions The Court...
2018.2.16 Motion for Leave to File Complaint 670
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.16
Excerpt: ...efusing a party leave to amend his pleadings so that he may properly present his case”. Morgan v. Superior Court (1959) 172 Cal. App. 2d 527, 530. Plaintiff is not changing the nature of this case, and his new claims are based on the same nucleus of operative facts. All of plaintiff's proposed new causes of action appear to be based on the same overall transaction and course of events. The amendment would not result in any undue prejudice to de...
2018.2.16 Motion to Set Aside Judgment 504
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.16
Excerpt: ...tion to set aside that judgment as void only if the judgment is void on its face. A judgment or order is said to be void on its face when the invalidity is apparent upon an inspection of the judgment-roll. When a judgment by default has been entered, the judgment-roll is limited to the summons, proof of service of the summons, complaint, request for entry of default, copy of the judgment, notice of any ruling overruling a demurrer interposed by t...
2018.2.16 Motion for Preliminary Approval of Class Action Settlement 674
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.16
Excerpt: ... the notice of settlement to the class). The court sees no reason to require Class Members to file claims. Unless counsel can explain to the court why such a provision should be required, it will have to be deleted. The release language in the notice to class (p. 3) covers claims “that were or could have been alleged under California law based on the factual allegations contained in the First Amended complaint”, but the settlement agreement (...
2018.2.16 Motion for Summary Judgment 003
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.16
Excerpt: ...ition precedent to coverage under such policy. See Brizuela v. Calfarm Insur. Co. (2004) 116 Cal.App.4 th 578, 590; Hickman v. London Assurance Corp. (1920) 184 Cal. 524, 529-30. As the Cross- Defendants failed to oppose the motion, they failed to meet their evidentiary burden to show the existence of a triable issue of material fact. The Motion is also granted as to the Petition. The court determination that there is no coverage for the Plaintif...
2018.2.16 Motion for Summary Judgment 102
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ...cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross- complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.” (Emphasis added). Worker's Compensation Exclusive Remedy Rule: “California's Worker...
2018.2.16 Motion for Terminating Sanctions 348
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.2.16
Excerpt: ...responses are tantamount to no responses at all. See, Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636. Also, this court ordered claimant Timothy Hughes to serve properly verified responses, without objections, to petitioner's form and special interrogatories on 9-22-17. (See, 9-22-17 Minute Order.) Claimant Timothy Hughes is being given a final opportunity to comply with this court's order of 9-22-17 by serving properly verified answers...
2018.2.16 Motion to Add New Parties as Judgment Debtors 180
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ...essor corporation to BWP. Authorires: Section 187 of the Code of Civil Procedure grants to every court the power to use all means to carry its jurisdiction into effect, even if those means are not set out in the code. Fairfield v. Superior Court (1966) 246 Cal.App.2d 113, 120. Under section 187, the court has the authority to amend a judgment to add additional judgment debtors. Dow Jones Co. v. Avenel (1984) 151 Cal.App.3d 144, 148. Judgments are...
2018.2.16 Motion to Compel 700
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.16
Excerpt: ...vacy extends to one's confidential financial affairs as well as to the details of one's personal life”].) In doing so, the Court expressly noted “relevant bank customer information should not be wholly privileged and insulated from scrutiny by civil litigants”; rather, the trial court should employ “certain procedural devices” to “fashion[] an appropriate order that will, so far as possible, accommodate considerations of both disclosu...
2018.2.16 Motion to Compel Bus. Records Subpoena 846
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ...iently persuasive to prevent the discovery at issue. The categories at issue are as to documents material to this litigation, and not otherwise available to MPs through less intrusive means. (Russo Decl. ¶¶ 2-15.) Some financial information as to Mr. Sivongsay may appear therein, but the right to privacy is not absolute, and in appropriate circumstances, must be balanced against other important interests. (John B. v. Superior Court(2006) 38 Cal...
2018.2.16 Motion to Compel Further Responses 206
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.2.16
Excerpt: ...ffs' unopposed Motion to Compel Further Responses to Special Interrogatories, Set One, is granted. Defendants Hyder M. Mukadam and Mukadam Medical Center, Inc. must serve full and complete responses, without objections, to Special Interrogatory Nos. 17, 21, 23, 25, 33-34 and 36-37 within 20 days. Defendant's requests for monetary sanctions are granted in the amount of $1,500 against defendants Hyder M. Mukadam and Mukadam Medical Center, Inc. and...
2018.2.16 Motion to Compel Responses, Deem Admissions Admitted 197
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.2.16
Excerpt: ...quests for Admissions admitted is also GRANTED. However, in the event Defendant serves proposed responses to the requests for admission that are in substantial compliance with CCP § 2033.220 before the time of the hearing, the Court will deny the motions. (CCP § 2033.280, subd. (c) [the court shall deem the matters admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on ...
2018.2.16 Motion to Continue Trial 329
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.16
Excerpt: ...s should be prepared to address available trial dates for October, November, and December 2018. ...
2018.2.15 Motions for Reconsideration, New Trial 381
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.15
Excerpt: ...e party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or la...
2018.2.15 Motion to Withdraw as Counsel 322
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.15
Excerpt: ...filed by Fairway Insurance, and if not, why not. Defense counsel's supplemental brief to be filed 9 court days before the continued hearing date. Any opposition by defendant Tim Roham, D.O., Inc. to be filed 5 court days before the continued hearing date of 3-22-18. The court notes that defense counsel remains counsel of record for defendant Tim Rohan, D.O. Inc. at this time because defense counsel's motion to withdraw as counsel has not been gra...
2018.2.15 Motion to Vacate Voluntary Dismissal
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.15
Excerpt: ...s court. “The order of the reviewing court is contained in its remittitur, which defines the scope of the jurisdiction of the court to which the matter is returned. ‘The order of the appellate court as stated in the remittitur, ‘is decisive of the character of the judgment to which the appellant is entitled. The lower court cannot reopen the case on the facts, allow the filing of amended or supplemental pleadings, nor retry the case, and if...
2018.2.15 Motion to Vacate Default 295
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.15
Excerpt: ... assuming that service was improper. Substituted Service: There is a significant issue whether a proper person was served for substituted service to be effective. Service was made on Joaquin Trujillo, “caretaker.” Defendant contends that he was a neighbor. If service was improper, a reasonably prudent person would assume an Answer was not required. CCP 415.20 (b) provides that “If a copy of the summons and complaint cannot with reasonable d...
2018.2.15 Motion to Vacate and Set Aside Judgment 386
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.15
Excerpt: ...ice of the notice of ruling of the Case Management Conference (which set the court trial date) was filed showing service on defendant's counsel. Counsel's concern that he never received notice of trial does not carry much weight given the presumption of Evidence Code section 664 and the fact it appears he elected not check the court's file for over five months after the answer was filed, but did, serendipitously, check it on December 27, 2017, th...

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