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2018.2.15 Motion to Substitute Successor Trustee 683
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.15
Excerpt: ...gs. The plaintiff shall give notice. ...
2018.2.15 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.15
Excerpt: ...et profits of her law firm for the years 2010 through 2014. Plaintiff responded to each of these interrogatories by referring to tax documents that Plaintiff would produce reflecting the law firm's profits on an annual basis. Special Interrogatory Nos. 39 through 42 ask Plaintiff to provide the business expenses for her law firm for the years 2010 through 2013. Plaintiff responded to each of these interrogatories by referring to tax documents tha...
2018.2.15 Motion for Good Faith Settlement 342
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.15
Excerpt: ...018, defendant/cross-complainant Rudolph & Sletten filed its “Response” on February 13, 2018, and Black Diamond filed its Reply on February 14, 2018. CCP section 877.6(d) provides that “the party asserting the lack of good faith shall have the burden of proof on that issue." Rudolph & Sletten's Response attempts to discharge this burden only with respect to one issue, namely the Court's ability to determine the reasonableness of the propose...
2018.2.15 Motion for Leave to File Complaint 546
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.15
Excerpt: ...ance. Defense counsel has provided no authority in support of its opposition to this motion. The court need not consider points unsupported by legal analysis or authority and such points are deemed waived. (Badie v. Bank of America (1998) 67 Cal.App.4th 779, 784- 785; Walters v. Boosinger (2016) 2 Cal.App.5th 421, 433, fn. 16.) Plaintiff's request for judicial notice is GRANTED. Plaintiff to give notice. Future Hearings: CMC: 3/14/18 8:30 am ...
2018.2.15 Motion for Letters Rogatory 010
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.15
Excerpt: ...btor's substantive rights by depriving it of property. Thus, the Landstar decision is applicable and the Convention does not authorize the issuance of a Letters Rogatory to enforce the Judgment. The Landstar opinion impliedly limits the court's inherent authority on this issue. This scenario is similar to the issue of awarding costs for copies, which are not helpful at trial. “Because the Legislature has expressly stated in subdivision (a)(12) ...
2018.2.15 Motion for Order to Execute Written Settlement, Etc. 150
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.15
Excerpt: ...en settlement agreement is denied. The proposed written settlement agreement (Ex. D to moving papers) contains multiple terms which were not part of the parties' oral settlement agreement on the record, as reflected in the transcript of the Mandatory Settlement Conference (Ex. A to moving papers). CCP 664.6 does not authorize the court to order a party to sign a written settlement agreement which “rewrite[s] the oral settlement agreement or add...
2018.2.15 Motion for Summary Judgment 067
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.15
Excerpt: ...evidence is put forward, the burden shifting analysis in circumstantial evidence cases is not utilized. Mokler v. County of Orange (2007) 157 Cal.App.4th 121, 138. With direct evidence, a triable issue as to the actual motivation of the employer is created even if the evidence is not substantial. Cordova v. State Farm Ins. Companies (9th Cir. 1997) 124 F.3d 1145, 1150; Godwin v. Hunt Wesson, Inc. (9th Cir. 1998) 150 F.3d 1217, 1221 (“This comme...
2018.2.15 Motion for Summary Judgment 099
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.15
Excerpt: ...does not add “M.D.” or anything similar after his name. In response, the defendant presented evidence from the Board that Mr. Reeder is not a physician licensed to practice in the State of California. Without any competent evidence of medical malpractice the plaintiffs have no claim. (The court further notes that the plaintiffs' opposition did not comply with the applicable Rules of Court.) The objections of the defendant are SUSTAINED. The d...
2018.2.15 Motion for Summary Judgment or Adjudication 759
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.15
Excerpt: ...on within an action, one or more affirmative defenses, one or more claims for [punitive] damages, or one or more issues of duty”]; McCaskey v. California State Auto. Assn. (2010) 189 Cal.App.4th 947, 975 [court cannot grant summary adjudication “‘to the extent' a cause of action rests on this or that premise”].) With respect to defendant's first contention that the first amended complaint is a sham pleading, the sham pleading doctrine is ...
2018.2.15 Motion to Compel Arbitration 787
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.15
Excerpt: ...intiff also asserts the agreement is uncertain because it requires the plaintiff to send any claim to an unnamed vice-president by registered or certified mail. But she fails to show how this is critically uncertain or how she was in any way prejudiced by the alleged uncertainty. Finally, the plaintiff asserts the agreement violates element five of the holding in Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83. But s...
2018.2.15 Motion to Compel Compliance 157
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.15
Excerpt: ...se by Monday, 2-26-18, by fax or overnight delivery to counsel for plaintiff Perez. Plaintiff Perez's request for monetary sanctions against defendant Pho Hoa Soan, Inc. is GRANTED in the sum of $3,120.00, pursuant to C.C.P. § 2031.320(b), payable by defendant Pho Hoa Soan, Inc. within 21 days. Finally, plaintiff Perez's request for issue and/or evidentiary sanctions is DENIED as defendant Pho Hoa Soan, Inc. has not violated any prior discovery ...
2018.2.15 Motion to Compel Deposition 944
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.15
Excerpt: ...ive, Suite 100, Santa Ana, California, 92707. The parties may, at their discretion, meet and confer to schedule a different date/time/place for the deposition. However, the deposition shall occur no later than March 15, 2018. Defendants are awarded sanctions against plaintiff in the amount of $976.00, not the entire amount of $2,588.50. Defendant knew the day before the deposition that plaintiff was not going to show up. There was no need for him...
2018.2.15 Motion to Compel Further Responses (2)
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.15
Excerpt: ... while these motions were pending, Defendant served supplemental responses to these requests. As described below, Plaintiff's motions are granted in part and denied in part. The court has reviewed all of the materials submitted in support of and in opposition to these motions, including Defendant's supplemental responses. Defendant is ordered to send a letter to Plaintiff by February 22, 2018 stating whether Defendant has withheld any documents o...
2018.2.15 Motion to Strike (Anti-SLAPP) 190
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.15
Excerpt: ...burden of demonstrating that the challenged cause of action arises from protected activity.' . . . In City of Cotati v. Cashman (2002) 29 Cal.4th 69, 78, 124 Cal.Rptr.2d 519, 52 P.3d 695 (Cotati ), the California Supreme Court explained: “[T]he statutory phrase ‘cause of action ... arising from' means simply that the defendant's act underlying the plaintiff's cause of action must itself have been an act in furtherance of the right of petition...
2018.2.15 Motion to Compel Further Responses 624
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.15
Excerpt: ... special interrogatories, form interrogatories, and requests for admission. See, Obregon v. Superior Court (1998) 67 Cal.App.4 th 424, 433 to 435 and Townsend v. Superior Court (1998) 61 Cal.App.4 th 1431, 1435. New counsel for plaintiffs Hamid Hojati, et al. has represented that a further meet and confer might assist in resolving all or some of these pending discovery matters. Defendant Portales to file a supplemental declaration nine (9) court ...
2018.2.15 Motion to Compel Further Responses, Request for Monetary Sanctions 787
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.15
Excerpt: ...ndant. The court finds that the objections raised in the response and amended response are without merit. The arguments as to attorney client privilege are also without merit, and have been waived by failing to assert the same in the initial response to the interrogatory. Code Civ. Proc. § 2030.290(a). A party to litigation can obtain contact information for an opposing party even if that party is represented by legal counsel without involving a...
2018.2.15 Motion to Compel Responses 360
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.15
Excerpt: ... ordered to serve verified, non-evasive responses to the interrogatories without objections within ten days. Motion No. 3. Plaintiff's Motion Compelling Defendant Mindy Kennedy Alvarez to Serve Verified Responses Without Objections to Plaintiff's Inspection Demand, Set No. 1, is GRANTED. Defendant is ordered to serve verified, non-evasive responses to the inspection demands without objections and all responsive documents and things within ten day...
2018.2.15 Motion to Continue Trial Date 049
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.15
Excerpt: ...cause for a continuance. “Circumstances that may indicate good cause include: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) The unavailability of a party because of death, illness, or other excusable circumstances; (3) The unavailability of trial counsel because of death, illness, or other excusable circumstances; (4) The substitution of trial counsel, but only wher...
2018.2.15 Motion to Deem RFA's Admitted 429
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.15
Excerpt: ...sts for Admission, Set One (the “RFAs”) were propounded to Plaintiff on 10/19/17, and that despite an extension to 12/7/17, no responses were ever provided. (Kruppe Decl. at ¶¶ 2-4 and Ex. A.) The arguments presented in the Opposition do not warrant a continuance: unless responses in substantial compliance with C.C.P. § 2033.220 are provided before the hearing, the matters specified in those RFAs shall be deemed admitted. Sanctions are imp...
2018.2.15 Motion to Disqualify Attorney 211
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.15
Excerpt: ...uch counsel is acting an advocate before a jury. As reflected in the Court's May 9, 2017 Minute Order, both sides waived jury on that date. The “Discussion” of Cal. Rule Prof. Conduct, Rule 5-210 states in part: “This Rule is not intended to encompass situations in which the member is representing the client in an adversarial proceeding and is testifying in front of a judge.” As the potential for attorney Recchia to testify as a witness i...
2018.2.15 Motion to Quash Subpoena 787
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.15
Excerpt: ... (or any other entity) these two subpoenas apply to. In addition, the Calcor Space Facility, Inc. court explained that: “Because of the potential for promiscuous discovery imposing great burdens, even though ultimately the probative value of the discovered material may be questionable, trial judges must carefully weigh the cost, time, expense and disruption of normal business resulting from an order compelling the discovery against the probativ...
2018.2.15 Motion to Seal
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.15
Excerpt: ...ordance with California Rule of Court 2.550, the court finds that the nature of the documents Scottsdale seeks to seal, i.e., an insurance application and correspondence between Plaintiffs and Scottsdale related to insurance coverage, supports sealing the documents due to the confidential information set forth in such materials. In addition, the proposed sealing is narrowly tailored and extends only to certain exhibits submitted by Scottsdale in ...
2018.2.15 Motion to Set Aside and Vacate Default Judgment 244
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.15
Excerpt: ... motion states it is only being brought by defendant Gladys Ross. Which is it?) The motion is legally ineffective because Code of Civil Procedure section 663 is inapplicable in situations where, as here, the allegation is that the proof of service was not adequate. Section 663 applies where the default judgment exceeds the prayer or is entered without a required statement of damages. (Weil & Brown (TRG 2017) Civil procedure Before Trial, Para. 5-...
2018.2.15 Motion to Set Aside Right to Attach Order, Writ of Attachment 436
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.15
Excerpt: ...s entitled to the attachment order. Code Civ. Proc., §§ 485.240 & 492.050. Moving parties have not shown that the amount to be secured by the attachment should be reduced, or by what amount the attachment should be reduced. Moving Parties offered no evidence to show their likelihood of prevailing on their cross-claims or the amount of offset pursuant to the cross-claims. Moving parties have not shown that section 3.3 of the distributorship agre...
2018.2.15 Motion for Entry of Judgment 509
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.15
Excerpt: ...enforced.” (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37, citing Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 305.) The settlement agreement here names six parties, including Lucy Garcia. Plaintiff submits no evidence Lucy Garcia executed the agreement. Defendants to give notice. ...

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