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16417 Results

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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. ...
2018.2.16 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 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 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 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 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 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 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 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 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 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...
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 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 ...

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