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16398 Results

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2018.2.1 Motion for Determination of Good Faith Settlement 494
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.1
Excerpt: ...sn. v. Touchstone Ins. Servs.(1994) 27 Cal. App. 4th 1085, 1091. No party has filed Opposition to this motion. Regardless, the settlement by Cross-Defendant Lonerock, Inc. appears does not appear to be “so far 'out of the ballpark' in relation to these factors as to be inconsistent with the equitable objectives of the statute.'” Id. Liability of Lonerock, the general manager of the construction site, appears questionable. And the law concerni...
2018.2.1 Motion for Assignment Order 044
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.1
Excerpt: ...ose employing broker is Lee Humphrey Durst. As a matter of law in CA, only a licensed real estate broker may receive the commissions in connection with real estate transactions; any other procedure is a violation of B&P 10138, and subjects Bianca Espinoza to discipline, including suspension and/or revocation of her license. (Miller & Starr, 2 CA Real Estate, Section 5:56.) Thus, all real estate commissions paid for her services as a real estate a...
2018.2.1 Demurrer, Motion to Strike
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.1
Excerpt: ...Defendants' demurrer is overruled. Plaintiff law firm alleges that a third party minor's father signed a contingency fee agreement with Plaintiff in February 2017. Plaintiff alleges that approximately two months later, Plaintiff was informed the third party had decided to retain another attorney to pursue her personal injury claims. Whether the third party's initial fee agreement with Plaintiff is valid is immaterial to Defendants' demurrer. In c...
2018.2.1 Demurrer 896
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.1
Excerpt: ...ued hearing. The court also ordered plaintiff to give notice. Nothing in the court file indicates that plaintiff gave notice, or met and conferred as ordered. Plaintiff's counsel is ordered to engage in the meet and confer required by Code of Civ. Proc. § 430.41 as to the issues raised by this demurrer, and to file and serve a declaration evidencing such efforts not less than nine court days before the continued hearing. Plaintiff to give notice...
2018.2.1 Demurrer 788
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.1
Excerpt: ...ged. The Demurrer to the Sixth Cause of Action For Rescission is SUSTAINED without leave to amend, on the basis that rescission is a remedy not a free-standing cause of action. This is without prejudice to the pleading of the remedy of rescission in connection with an appropriate supporting cause of action. The Demurrers to the Eighth and Ninth Causes of Action For Concealment and Fraud are SUSTAINED with leave to amend, on the basis that the fac...
2018.2.1 Demurrer 685
Location: Orange County
Judge: Delaney, Thomas A
Hearing Date: 2018.2.1
Excerpt: ...eveal that an actual controversy exists between the parties.'” D. Cummins Corp. v. United States Fid. & Guar. Co. (2016) 246 Cal. App. 4th 1484, 1489. “[A] home loan borrower has standing to claim a nonjudicial foreclosure was wrongful because an assignment by which the foreclosing party purportedly took a beneficial interest in the deed of trust was not merely voidable but void, depriving the foreclosing party of any legitimate authority to ...
2018.2.1 Demurrer 572
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...C does allege facts to support its claim as to her “creditor” status. (FAC ¶¶ 9 & 10.) Nor is the TILA claim clearly time-barred. Buyers argue that even if she is a creditor, there is a 3-year limitation on the right to rescind. But a demurrer on statute of limitations grounds will not lie where the action is not necessarily barred – the defect must appear clearly and affirmatively upon the face of the complaint. (Lee v. Hanley(2015) 61 C...
2018.2.1 Demurrer 285
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.2.1
Excerpt: ...ently in her position. (Guz v. Bechtel National, Inc. (2000) 24 Cal.4 th 317, 355.) The complaint also fails to allege facts showing a discriminatory motive. (Id.) Rather, this is alleged as a conclusion only. (Complaint at Para. 10.) Statutory claims must be alleged with specificity. (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790; Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 604.) The second cause of actio...
2018.2.1 Demurrer
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2018.2.1
Excerpt: ...Act) and breach of contract. In doing so, Plaintiff alleges unlawful acts that can serve as a basis for violations of section 17200. See Lueras v. BAC Home Loans Servicing(2013) 221 Cal.App.4th 49, 81. Indeed, Plaintiff specifically alleges that “[b]y violating the Act, Neff has engaged in unlawful activities, thereby satisfying the ‘unlawful prong' of the UCL [section 17200 et seq.].” FAC ¶ 38. Relying on Prudential Home Mortgage Co. v. S...
2018.2.1 Application for Writ of Possession 406
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.2.1
Excerpt: ... service filed on January 19, 2018, show the notice of hearing was served via substitute service, deemed effective as of January 18, 2018. (See Code Civ. Proc., § 415.20 [substitute service deemed complete on the 10th day after mailing].) The last day to timely notice the hearing was January 9, 2018. (Code Civ. Proc., § 1005, subd. (b).) Plaintiffs to give notice. Future Hearings: CMC: 4/10/18 8:30 am ...
2018.2.1 Motion for Attorney Fees 718
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.2.1
Excerpt: ...the prevailing party, and award costs of suit and statutory attorney fees, at the conclusion of a litigation, after all the claims are resolved. [See CCP §1033.5(a)(10), (c)(5)); Cal.R.Ct. 3.1702(a),(b), 8.104(a); Civ. Trials & Evid. §§ 17:151-52, 17:166 (Rutter Group 2017); P R Burke Corp. v. Victor Valley Wastewater Reclamation Authority (2002) 98 Cal.App.4th 1047, 1052.] Here, the case is not over, and Plaintiff still has one undisposed-of ...
2018.1.31 Demurrer (2)
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.1.31
Excerpt: ...o amend; 5 th cause of action [CC§2923 et seq]: Ruiz is not a borrower; Pltfs do not allege materiality of any purported violation; Has Trustee's deed been recorded? If not, Pltfs may only obtain an injunction; Sustain with 10 days leave to amend; 6 th cause of action [quiet title]: Pltfs have not paid the debt so this remedy is not available; Sustain with 10 days leave to amend; Strike Portions of Complaint Moot based on above. ...
2018.1.31 Demurrer
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.1.31
Excerpt: ......
2018.1.31 Motion for Summary Judgment or Adjudication
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.1.31
Excerpt: ...ook steps reasonably calculated to apprise Pltfs of the existence of the program at the time of warranty disputes; Deny. ...
2018.1.31 Demurrer (3)
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.1.31
Excerpt: ...nds of uncertainty; Pltf failed to allege facts showing that Deft published a defamatory statement of fact; Sustain with 10 days leave to amend; Strike Portions of Complaint Grant as to Item 1 [page 1, line 25 to page 2, line 2]; Grant as to Item 2 [page 2, lines 2-5] specifically the word ‘similarly'; Deny balance of Item 2; Deny as to Item 3 [page 3, lines 25-26]; Moot as to Item 4 [page 16, line 1]; Deny as to Item 5 [page 16, lines 3-4]; Gr...
2018.1.31 Motion for Protective Order
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.1.31
Excerpt: ......
2018.1.31 Motion to Strike or Tax Costs
Location: Orange County
Judge: Fell, Sheila
Hearing Date: 2018.1.31
Excerpt: ......
2018.1.30 OSC Re Preliminary Injunction 866
Location: Orange County
Judge: Gastelum, John C
Hearing Date: 2018.1.30
Excerpt: ...ests for mandatory injunctive relief that Plaintiff is simply not entitled to. With respect to request to prohibit Defendant from using corporate funds to pay its attorney fees, the harm lies in Defendant's favor. Essentially, Defendant Corporation may only appear by way of counsel (i.e., it cannot appear in pro per), and as a separate legal entity, it should be able to hire and pay for an attorney to defend itself from Plaintiff's lawsuit. At mi...
2018.1.30 Motion to Vacate Entry of Default 855
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.1.30
Excerpt: ...e judgment, dismissal, order, or proceedings was taken.” Here, a copy of the proposed answer was not attached to the application. Further, the Proof of Service does not comply with Code of Civil Procedure section 1013a, subdivision (a), because the affidavit did not contain “. . . the name and address of the person served as shown on the envelope . . . .” Defendant is to file a proper Proof of Service of the moving papers no later than Febr...
2018.1.30 Motion to Set Aside Entry of Default 878
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.1.30
Excerpt: ...eglect.” “Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. [Citation.] In such situations ‘very slight evidence will be required to justify a court in setting aside thre default.' [Citation.]” (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233; see also, Fasuyi v. Permatex, Inc. (Fasuyi) (2008) 167 Cal.App.4 ...
2018.1.30 Motion to Compel Production of Docs 113
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.1.30
Excerpt: ...es, “(a) If a deponent fails to . . . produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in . . . a deposition subpoena, the party seeking discovery may move the court for an order compelling that . . . production. [¶] (b) The motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declar...
2018.1.30 Motion to Compel Further Responses 713
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.1.30
Excerpt: ...ng party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general.” Code of Civil Procedure section 2030.220, provides, “(a) Each answer in a response to interrogatories shall be as complete and straight forward as the information re...
2018.1.30 Motion to be Relieved as Counsel 412
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.1.30
Excerpt: ...essional Conduct, rule 3-700, subdivisions (C)(1)(d) and (C)(1)(f). Moving Counsel will remain the attorney of record for Air802, LLC until Moving Counsel files proof of service of the signed order upon Air802, LLC. The order will become effective upon the filing of the proof of service upon Air802, LLC. Moving counsel to give notice. Moving Counsel's (Law Offices of Thomas F. Nowland) unopposed Motion to be Relieved as Counsel for Defendant—Mi...
2018.1.30 Motion to be Relieved as Counsel 406
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.1.30
Excerpt: ...his litigation and prepare the case for trial. Client has also failed to assist counsel in the litigation and there is currently a breakdown of the attorney-client relationship.” The declaration submitted in support of this Motion supports withdrawal under Rules of Professional Conduct, rule 3-700, subdivisions (C)(1)(d) and (C)(1)(f). Moving Counsel will remain the attorney of record for Mr. Lee until Moving Counsel files proof of service of t...
2018.1.30 Motion for Summary Judgment 933
Location: Orange County
Judge: Schwarm, Walter
Hearing Date: 2018.1.30
Excerpt: ...s or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense ther...

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