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2018.2.1 Petition to Compel Arbitration 252
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.1
Excerpt: ...d plaintiff's evidence shows there was none. (See D. White Decl. at ¶ 2.) Defendants have also failed to demonstrate ostensible agency. The fact that Derek signed the arbitration agreement as decedent's “Representative/Agent,” stating decedent had authorized him to do so, is not sufficient to demonstrate ostensible authority. An “agency cannot be created by the conduct of the agent alone; rather, conduct by the principal is essential to cr...
2018.2.1 Motion to Compel Responses 378
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.1
Excerpt: ...red to provide full, complete, and verified responses, without objection, to Special Interrogatories, Set One, Special Interrogatory Nos. 7-21, to the offices of counsel for moving party, within 20 days. Defendant Robert Payne is also ordered to provide full, complete, and verified further responses, without objection, to Special Interrogatories, Set One, Special Interrogatory Nos. 2, 4 and 5, to the offices of counsel for moving party, within 20...
2018.2.1 Motion for Leave to File Complaint 518
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.1
Excerpt: ...potential prejudice to Defendants, trial is continued from 4/30/18 to 10/1/18 and the MSC is continued to 8/31/18. All other pretrial dates are continued consistent with the new trial date. Plaintiff to give notice. Motion to Compel Compliance with Business Records Subpoena The Motion by Defendant Fotona, LLC's (“Fotona”) to Compel Institute for Advanced Laser Dentistry's (“IALD”) compliance with business records subpoena is GRANTED in pa...
2018.2.1 Motion for New Trial 156
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.1
Excerpt: ...1) 91 Cal. App. 4th 875, 882. Defendants' Request for Judicial Notice: Granted as to taking judicial notice of the language of Judicial Council Form Interrogatory No. 4.1. See, Evidence Code § 452(h). Plaintiff's Objection to and Motion to Strike Motion for JNOV and Associated Documents: Plaintiff objected and moves to strike the following pleadings for failure to comply with the rules of court: (1) the declaration of Jenos-Heidari filed in supp...
2018.2.1 Motion for Summary Adjudication 952
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.1
Excerpt: ... Moving Parties claim summary adjudication is appropriate as to both cross-defendants, Antonio Medina and GNA on the first and fourth causes of action. Moving Parties argue the indemnity provisions of the contracts between Pelican and Responding Parties include RPs' duty to defend Pelican in this action. MPs imply they are entitled to collect the cost of their defense in this suit. It could very well be that Medina and GNA did owe MPs a duty to d...
2018.2.1 Motion for Summary Judgment
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.1
Excerpt: ...following reasons, Defendant's motion is granted. A. Vicarious Liability California law generally imposes liability on the owner of a vehicle, albeit there is a limitation on the amount of damages that may be collected for any resulting death or injury. See Cal. Veh. Code §§ 17150, 17151. The Graves Amendment, however, precludes liability based on the law of any state against an owner that is in the business of renting vehicles, if the harm occ...
2018.2.1 Motion for Summary Judgment or Adjudication 627
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.1
Excerpt: ...tate Automobile Assn. (2010) 189 Cal.App.4th 947, 975.) Plaintiff Luke Slovenec's (plaintiff) request for judicial notice is DENIED as to items 1 and 2, and GRANTED as to item 3. Items 1 and 2 require a copy of the docket from the underlying dissolution proceedings. Plaintiff has failed to provide the court with a copy of that docket and nothing indicates plaintiff has made arrangements with the clerk to have the docket available at the time of t...
2018.2.1 Motion to Compel Deposition 354
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.1
Excerpt: ...200.00 per hour x 4 hours) + $150.00 for no-show fee + $60.00 for filing fee + $9.95 for e-filing fee] within fifteen (15) days of the date of notice of this order. Defendants to give notice. ...
2018.2.1 Motion to Compel Further Responses
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.1
Excerpt: ...orizon facility for an event sponsored by Defendant. Defendant initially objected to this interrogatory and responded “hotel venue vendor;” in its supplemental response, Defendant objected again and responded that it “is not ‘affiliated' with Horizon Resort & Casino” and that Defendant “has used Horizon as a hotel venue vendor on two occasions.” Plaintiff's motion to compel is granted. Interrogatory No. 1 seeks relevant information....
2018.2.1 Motion to Compel Further Responses 044
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.1
Excerpt: ...very request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response.” Next, the mutual requests for sanctions are denied given the legitimate dispute over whether the documents being withheld are privileged or not. See, C.C.P. § 2031.310(h). Prevailing party to give notice. Future Hear...
2018.2.1 Motion to Compel Further Responses 402
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.1
Excerpt: ... The requests are overbroad as framed, however, and are narrowed as follows: 37. Documents reflecting all complaints by owners of 2012 BMW 328i vehicles regarding the coolant light repeatedly illuminating, for the period July 1, 2011 through June 30, 2016. The documents are to be redacted to exclude personal identifying information of the buyer(s)/owner(s). 39. Documents reflecting all repurchases or replacements by YOU of 2012 BMW 328i vehicles,...
2018.2.1 Motion to Compel Further Responses 436
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.1
Excerpt: ...within 15 days of service of the notice of ruling. Baum Vision did not meet its burden to justify its objections. Plaintiff's request for sanctions against Baum Vision, LLC is granted in the amount of $2,170.92, which shall be paid to Plaintiff within 30 days. Motion to Compel Further Responses and Production to Second Set of RFPs (Shane Baum) The unopposed Motion by Plaintiff Barton Perreira LLC to Compel Further Responses and Production to Seco...
2018.2.1 Motion to Consolidate 622
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...895671) filed 1/05/17 5. Palatinus v. Casa Apts. (2017-932144) filed 7/18/17 CCP 1048 (a) provides that: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” The court DENI...
2018.2.1 OSC Re Contempt Against Judgment Debtor 409
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.1
Excerpt: ... Court (2012) 209 Cal.App.4th 1151, 1168.) Judgment creditor Flathers Precision, Inc. has failed to and cannot establish the underlying September 28, 2017 turnover order (“Turnover Order”) was valid for purposes of contempt. The Turnover Order was sought and issued pursuant to Code of Civil Procedure section 708.205. It ordered judgment debtor Jimmy Garrey (Garrey) to deliver to the judgment creditor either (1) certain nonmonetary property li...
2018.2.1 Motion to File Undertaking 060
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.1
Excerpt: ...tion, the costs requested are proper and the undertaking is to be scaled to Bounds' resources. Defendant New Albertson's, Inc. Motion to File an Undertaking pursuant to Code of Civil Procedure §1030 is DENIED. Defendant has not shown a reasonable possibility of obtaining a judgment in its favor. Even if it had, it has not adequately stated the nature and the amount of the costs requested. Documentation of past costs should be provided. Anticipat...
2018.2.1 Motion to Reduce Lien 613
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.1
Excerpt: ...n, by and through her Guardian Ad Litem, Theresa Nguyen's motion to reduce Medi- Cal Lien is CONTINUED to 3-15-18, at 1:30 p.m., in Department C- 33. First, plaintiff Nguyen is ordered to serve her motion to reduce Medi- Cal lien on the Office of Legal Services, Department of Health Care Services, P.O. Box 997413, Sacramento, CA 95899- 7413, as well as the Department of Health Care Services, P.O. Box 997425, Recovery Section, MS 4720, Sacramento,...
2018.2.1 Motion to Seal Records 787
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.1
Excerpt: ... narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.” Additionally, pursuant to CRC 2.551, a Court may not permit a record to be filed under seal based solely on the agreement or stipulation of the parties; rather, a party seeking to file a record under seal must file a motion for an order sealing the record, accompanied by a memorandum and declaration containing facts sufficient to justify the sealing...
2018.2.1 Motion to Strike
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.1
Excerpt: ...dants. Both of these causes of action also include, respectively, a conclusory allegation that (i) Defendants' conduct “was the result of willful and wanton acts or omissions and/or done with a conscious disregard for the safety of the users of the Product involved in the ACCIDENT,” FAC ¶ 37, and (ii) Defendants' acts were done “willfully, wantonly and/or with a conscious disregard of others.” Id. ¶ 47. In order to survive a motion to s...
2018.2.1 Motion to Strike 514
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.1
Excerpt: ... an act from which she know, or should have known, it was highly probable harm would result. SKF Farms v. Superior Court(1984) 153 Cal.App.3d 902, 907. The Case Management Conference remains on calendar. Defendants to give notice. ...
2018.2.1 Motion to Strike 671
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...ode of Regulations for the subject premises. Evidence Code § 669 codifies the “negligence per se” doctrine as a presumption affecting the burden of proof: i.e., defendant's failure to exercise due care is presumed if: • Defendant violated a statute, ordinance or safety regulation of a public entity; • The violation legally caused injury or death; • The occurrence resulting in the injury or death was of a nature that the statute, ordina...
2018.2.1 Motion to Strike 988
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...ng averment for punitive damages. Initially, there continues to be a concern over standing. Although defendants have not raised the issue, this lingers on from the prior unsuccessful application for appointment of a guardian ad litem. As indicated in the operative pleading and opposition papers, it appears this litigation is being handled by plaintiff's daughter, Dellia Montgomery. The “authorization” presented by her to this Court specifies ...
2018.2.1 Motion to Tax Costs 861
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.1
Excerpt: ...in issue and the burden of proof is on the party claiming them as costs. [Citations.]” (Ladas v. California State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774-776 [citations omitted].) Here, Plaintiff has properly put at issue some deposition costs claimed by Defendants as being duplicative and unnecessary. Thus, the burden shifts to Defendants to show that the claimed costs were necessary to the litigation. Defendants have met their burden. No d...
2018.2.1 Motion to Withdraw as Attorney 937
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...arvig requests from this Court an order relieving it from further participation in this case. An attorney may withdraw as counsel of record if the client breaches the agreement to pay fees, insists on pursuing invalid claims or an illegal course of conduct, or when other conduct by the client renders it unreasonably difficult for the attorney to do his job, including when there is a breakdown in the attorney-client relationship. California Rules ...
2018.2.1 Motions to Quash Subpoenas, for Protective Orders
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.1
Excerpt: ... Superior Ct. (2003) 114 Cal.App.4 th475, 480-81 (financial records are protected by individual's right to privacy); Valley Bank of Nev. v. Superior Ct. (1975) 15 Cal.3d 652, 656 (individual has right to privacy in his or her confidential financial affairs). Plaintiff has not identified countervailing interests that outweigh Defendant's privacy interests in his financial records with respect to much of the information sought by the subpoenas. See...
2018.2.1 Motion for Leave to File Complaint 203
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...f action for Malicious Prosecution and new allegations regarding the express written release currently pled in the Cross Complaint. The court finds no prejudice to Cross Defendants resulting from Cross Complainant's delay from July to January in seeking this leave. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, it is an abuse of discretion to deny leave in...

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