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2018.2.15 Demurrer 029
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.15
Excerpt: ...d with plaintiff's new employer and misrepresented that plaintiff was still employed by HFIC and used this false information to claim that plaintiff was not authorized to take any claims from HFIC insured individuals. (SAC at ¶ 45.) However, plaintiff failed to plead all required elements of an intentional misrepresentation claim with the required particularity and factual specificity. Thus, plaintiff has not alleged defendants engaged in an ind...
2018.2.15 Application for Writ of Attachment, RTAO, Motion to Quash, for Protective Order 053
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.15
Excerpt: ..., Inc. (LL USA), Jinyoung Park (Park), and JYP Investments, LLC (JYP) (collectively, defendants). (See Code Civ. Proc., §§ 484.090, 481.190, 482.040; see also Weil, et al., Cal. Practice Guide: Civil Proc. Before Trial (The Rutter Group June 2017 Update) Ch. 9(II)-D at ¶¶ 9:948, 9:948.1.) With respect to the first cause of action for breach of contract, the evidence shows the terms of the subject contracts were memorialized in part in written...
2018.2.15 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.15
Excerpt: ...e in confusing the various advertisements Defendants have published. This error did not cause any significant effect on the pleading. In the declaration of Proud Usahacharoenporn, there was adequate explanation for this mistake. Plaintiff's first cause of action sufficiently alleges breach of contract, as Judge Crandall previously concluded in connection with Defendants' prior demurrer. See Constructive Protective Servs, Inc. v. TIG Specialty Ins...
2018.2.13 Motion for Summary Judgment 720
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...and Donna Chavez (collectively Chavez) (Defendants, Cross- Complainants, and Cross-Defendants.) City moves for Summary Judgment on the Cross- Complaint filed on 8-14-17 by Holt Meyer (Defendant, Cross-Complainant, and Cross- Defendant). Request for Judicial Notice: The Court GRANTS Plaintiffs' Request for Judicial Notice of Exhibits 6-1, 6-2, and 6-3 (La Habra Municipal Code sections 12.20.100, 12.20.010, and 12.20.080) pursuant to Evidence Code ...
2018.2.13 Application for Right to Attach Order 488
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.13
Excerpt: ...e DENIED. Initially, the Applications brought against Defendants Rainguard Pro, Inc. and Weatherman Products, Inc. are DENIED as Plaintiff submitted no evidence demonstrating a contractual relationship with these entities. Pursuant to Code of Civil Procedure section 483.010(a) “an attachment may be issued only in an action on a claim or claims for money…based upon a contract, express or implied….” Here, the Contract which forms the basis ...
2018.2.13 Application for Right to Attach Order and Writ of Attachment 866
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...il on 12-28-17. The Notice of Hearing, filed on 1-10-18, shows Defendant received notice of the hearing set for 2-13-18 at 1:30 p.m. Second, an attachment may issue only upon a claim for money based upon an express or implied contract. (Code Civ. Proc., § 483.010, subd. (a).) Plaintiff has established that its claim is one upon which attachment may be issued since its claim is for money based on an implied contract. Here, the Complaint alleges c...
2018.2.13 Demurrer 026
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.13
Excerpt: ...he Demurrer has merit. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 [“Plaintiffs did not oppose the County's demurrer to this portion of their seventh cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”].) CMC is continued to 4-2-18, Dept. C11, at 8:45 am. Moving Party is to give notice. ...
2018.2.13 Demurrer 748
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...51, 974.) “A plaintiff's burden in asserting a fraud claim against a corporate employer is even greater. In such a case, the plaintiff must ‘allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written.' [Citation.] (Lazar v. Superior Court (1996) 12 Cal.4 th 631, 645.) The FAXC adequately alleges fraud as follows (1) G...
2018.2.13 Motion for Continuance of Trial 834
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...ic rules of civil litigation. Trial judges must acknowledge that in propria persona litigants often do not have an attorney's level of knowledge about the legal system and are more prone to misunderstanding the court's requirements. When one party has counsel and the other does not, the trial court should monitor to ensure the in propria persona litigant is not inadvertently misled, either by the represented party or by the court. Special care sh...
2018.2.13 Motion for Leave to File Complaint 000
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.13
Excerpt: ...¶12 of Ruiz Declaration and Exhibit “I” thereto.) Additionally, the Court finds the joinder of Mary Block to the Cross-Complaint is appropriate, pursuant to Code of Civil Procedure sections 428.20 and 378(a)(1). MP to give notice. ...
2018.2.13 Motion for Summary Judgment 831
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.13
Excerpt: ...4-18 Fourth Amended Complaint was filed. Because there is but one complaint in a civil action (Ford v. Superior Court (1973) 34 Cal.App.3d 338, 343), the filing of an amended complaint moots a motion directed to a prior complaint. (See Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054 [filing of first amended complaint rendered moot demurrer to original complaint].) Thus, once an amendedcomplaint is fi...
2018.2.13 Motion to Compel 894
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...e section 2030.270, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an...
2018.2.13 Motion to Compel Answers 353
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.13
Excerpt: ...endant Laguna Crest Enterprises, Inc seeking responses to 1 st Set of Special Irogs from Cross-Defendant Tresor Investments, LLC, there does not appear to be any opposition. The Declaration of Josef M. Cowan (Attorney for Cross-Complainants Kenneth John Fischbeck and Laguna Crest Enterprises, Inc) states that he served the special irogs on Tresor Investments on 5-9-17 and has not received any responses. As MP is entitled to discovery herein, and ...
2018.2.13 Motion to Compel Answers 523
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...70, subdivision (a), explains, “The party propounding interrogatories, and the responding party may agree to extend the time for service of a response to a set of interrogatories . . . .” Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: . . . [¶] (b) The party propounding the interrogatories may move for an order compellin...
2018.2.13 Motion to Dismiss 627
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.13
Excerpt: ...to dismiss the entire action and for entry of judgment after expiration of the time to amend following the sustaining of a demurrer may be made by ex parte application to the court under Code of Civil Procedure section 581(f)(2).” Code of Civil Procedure section 581(f)(2) states: (f) The court may dismiss the complaint as to that defendant when: … (2) Except where Section 597 applies, after a demurrer to the complaint is sustained with leave ...
2018.2.13 Motion to Enforce Court Order 581
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.13
Excerpt: ...urther responses were served on 8-18-17. Defendants denied RFA Nos. 7-10, stated that they will produce all responsive documents to RFPD Nos. 5-24, and provided amended responses to Form Irogs. Further, former counsel for Defendants attests that documents were produced on or about 10-6-17, and he tendered the sanctions check on behalf of Defendants, but that counsel for Plaintiff refused to accept the check. (Bitzer Decl., ¶¶ 13-14.) While it a...
2018.2.13 Motion to Transfer 909
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.2.13
Excerpt: ...Defendant did not set a hearing date and thus, a date for the response could not be calculated. Even if the content and the notice of the motion was adequate, the motion is untimely and not supported by any admissible evidence. Defendants to give notice. ...
2018.2.13 Petition to Confirm Arbitration Award 886
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.2.13
Excerpt: ...ade, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” Code of Civil Procedure section 1287.4 provides, in part, “If an award is confirmed, judgment shall be entered in conformity therewith.” Here, Defendants (James Merizan and Jeannie Merizan) do not challenge the validity of the arbitration award. Thus,...
2018.2.1 Request for Admissions 743
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...oving papers, was a letter from the Defendant's counsel, dated 10/5/17, expressing that a response to this motion was unlikely. (See ROA 28, Ex. C.) Because of the harmful effect that admissions can have on the case, the RP can serve verified, substantially-compliant responses to RFAs, before the hearing, and if so, then the Court must deny the motion to deem them admitted. [See CCP §2033.280(c); St. Mary v. Superior Court (2014) 223 Cal.App.4th...
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 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 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 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 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 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 ...

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