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16396 Results

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2018.1.29 Motion for Leave to File Complaint
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.1.29
Excerpt: ...Plaintiff shall file and serve a clean, non-redlined version of the proposed FAC attached to counsel's declaration as Exhibit A within 10 days of this order. Plaintiff shall give notice. ...
2018.1.29 Demurrer 402
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.1.29
Excerpt: ...�FAC”) is overruled. Defendant are ordered to Answer the Complaint within 10 days. As to the fifth cause of action for IIED, Plaintiff now alleges that: “Defendants' conduct of, including but not limited to, subjecting Plaintiff to: yelling and making remarks during his employment such as calling him "incompetent" during conference calls with other employees on the phone, defendants spread rumors about plaintiffs disability to other employees...
2018.1.29 Motion for Attorney's Fees 044
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.1.29
Excerpt: ...ppeal, and the Commercial Guaranty signed by Defendant provides for the recovery of reasonable attorney's fees. (Civ. Code § 1717(a); ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1020.) Plaintiff does not provide evidence to establish the reasonableness of counsel's rates. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084.) The court, thus, reduces the recoverable hourly rate for counsels Hurwitz and Lallas to $450 per hour. Based on t...
2018.1.29 Demurrer
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.1.29
Excerpt: ...certain. (Code Civ. Proc., § 431.10, subd. (f).) It lacks any “statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) Instead, it is cluttered with confusing conclusions and citations. Plaintiff fails to show a reasonable possibility of curing the defects. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Plaintiff has not cured these lingering defects despite repeated orders ...
2018.1.29 Demurrer
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.1.29
Excerpt: ...rt further ORDERS plaintiff to SHOW CAUSE why the action should not be dismissed due to its apparent suspended status. The OSC is set for March 12, 2018 at 2:00 p.m. Plaintiff shall file its papers in opposition to dismissal no later than February 20; defendant shall file any papers in response thereto no later than February 17; plaintiff may file any reply to defendant's papers no later than March 5. I. Demurrer A. Suspended Corporate Status In ...
2018.1.29 Demurrer (2)
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.1.29
Excerpt: ...amages and foreclosure on security). First, defendants have shown a defect of parties. (Code Civ. Proc., § 430.10, subd. (d).) Plaintiff should name Jerry Monroe's estate as a party. The FAC alleges defendants Nicole Seymour and Jeff Seymour failed to repay a loan from plaintiff and Jerry Monroe, which was secured by Jerry Monroe's shares in defendant Towne. (That is not a typo. The FAC alleges Jerry Monroe pledged his own shares to secure a loa...
2018.1.29 Demurrer 849
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2018.1.29
Excerpt: ...y, we deem plaintiffs to have abandoned the issue.”].) In addition, the 1 st cause of action for breach of contract appears to be time-barred (Code of Civ. Proc., § 339.) In addition, for the 3 rd cause of action, it is fatally unclear what “intentional tort” Plaintiff is asserting against Defendants. Assuming Plaintiff is asserting some sort of conversion claim, the conversion claim appears to be time- barred. (Code of Civ. Proc., § 338(...
2018.1.29 Demurrer 968
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.1.29
Excerpt: ...ill dismiss this case. The Court notes that Civil Code § 55.54 appears to only apply to attorneys, not plaintiffs who are in pro per. However, the Court finds that Plaintiff is a high frequency litigant, defined as a plaintiff or attorney who has filed 10 or more construction-related complaints within past 12 months. He is therefore required to pay a $1,000 supplemental high- frequency litigant filing fee. (Code Civ. Proc. § 425.55(b); Gov. Cod...
2018.1.29 Demurrer, Motion to Strike 027
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.1.29
Excerpt: ...amend as to the first through fourth causes of action and sustained without leave to amend as to the fifth cause of action. The motions to strike are moot. Plaintiffs' request for judicial notice of Exhibits “A” through “E” is granted. Actions. Evid. Code §§ 425(c)-(d), 453. The Court takes judicial notice of the court records, but not the truth of the contents of the matters therein. Fremont Indem. Co. v. Fremont General Corp. (2007) 1...
2018.1.29 Demurrer, Motion to Strike 796
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.1.29
Excerpt: ......
2018.1.29 Motion for Attorney Fees
Location: Orange County
Judge: Scott, Nathan
Hearing Date: 2018.1.29
Excerpt: ... mediation provisions, to whatever extent those provisions condition an attorney fee award on completing pre- dispute mediation. It would be unreasonable to discount the attorney fee award because PatentRatings did not prevail on its declaratory relief claim. It did prevail on other claims addressing inextricably intertwined issues. (See Reynolds Metals Co. v. Alperson (1979) 25 Cal. 3d 124, 129- 130; Thompson Pacific Construction. Inc. v. City o...
2018.1.26 Motion to Compel Responses 934
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ...ord reflects that as of the date of Defendants' motions, Plaintiff failed to respond to the discovery. As a result, Plaintiff is ordered to provide verified responses, without objection, to the form interrogatories (set no. one), special interrogatories (set no. one), and requests for production of documents (set no. one), within 15 days of the notice of ruling. (Code Civ. Proc., §§ 2030.290, subd. (b); 2031.300; 2033.280, subd. (c); see Sinaik...
2018.1.26 Motion for Protective Order 251
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.1.26
Excerpt: ...as Exhibit 3 to the Declaration Gabriella A. Pedone. The Plaintiff shall file the Proposed Order within 10 days. The Court finds that Ford has established that materials at issue in this case are entitled to trade secret privacy protections. The defendant has presented evidence which supports a finding that the subject documents Plaintiff wants Ford to produce include confidential, external communications between Ford employees and joint venture ...
2018.1.26 Motion for Summary Judgment 576
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.1.26
Excerpt: ... care and whether the treatment caused any injury. (See Disputed Material Facts 21 to25 and cited evidence therein; see Wachtel Decl. ¶ 14 vs. Starkman Dec. ¶ 26 – 39). The Court must construe the opposing evidence liberally for this motion. The differing opinions of experts creates a factual dispute that is not appropriately resolved by way of summary judgment. (Hernandez v. KWPH Enterprises (2004) 116 Cal.App.4th 170, 176; Garrett v. Howmed...
2018.1.26 Motion for Summary Judgment, Adjudication 175
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.1.26
Excerpt: ...ima facie showing that Defendants' recordings captured communications and that these communications were confidential such that Plaintiffs had a reasonable expectation of privacy in them. Triable issues of material fact remain as to those issues, as discussed below. PC 632 (a) makes it illegal to record a confidential communication intentionally and without consent of the parties thereto. Subdivision (a) provides as follows: “A person who, inte...
2018.1.26 Motion for Summary Judgment, Adjudication 811
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.1.26
Excerpt: ...in Garibay v. Hemmat (2008) 161 Cal.App.4th 735, 741-742 [on MSJ, where medical expert declaration is offered based upon a review of records, such evidence must be before the Court], as some of the evidence which Dr. Klein considered in forming his opinions is not before the Court. Nor is it clear that the records upon which Dr. Klein relied were all submitted, as the Klein Decl. draws no such distinction, and instead refers generally to “the m...
2018.1.26 Motion to Compel Initial Responses 634
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.1.26
Excerpt: ...PD is GRANTED. The discovery requests were all properly served, and have been ignored without justification or the seeking of any protective order. Complete, substantive, verified, Code- compliant responses must be served within 20 days. Defendant's related request for monetary sanctions is also GRANTED. The basis for the award is CRC 3.1348(a), which permits sanctions even in the absence of opposition papers. Counsel's hourly rate of $200 is rea...
2018.1.26 Motion to Tax or Strike 035
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ...is sold and transferred al rights, title, and interest in the subject property to her. (Martz Decl., ¶ 2.) Based on that Declaration, on 8/22/16, the court ruled that: “Gayle Martz is substituted as a plaintiff in this action, in Orange County Superior Court Case No. 30-2009-00120639 (which has been consolidated with lead case No. 01CC15035), instead and in place of Plaintiffs.” Plaintiff argues that the court should exercise discretion and ...
2018.1.26 Motion to Dismiss 568
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.1.26
Excerpt: ...ction Company for Delay in Prosecution Pursuant to CCP 583.420 for Failure to Serve Cross-Complaint Within Two Years of It's Filing as to Carrier Johnson Motion 2 continued to 02/09/2018 at 9:00 a.m. 3) Cross-Defendant/Cross-Complainant Graham Downes Architecture to Dismiss Cross-Complaint of Turner Construction Company for Delay in Prosecution Pursuant to CCP 583.10 and 583.250 For Failure to Serve Cross- Complaint Within Three Years of Its Fili...
2018.1.26 Motion to Quash Deposition 828
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ...A "compelling need" is demonstrated where the information is "directly relevant" and "essential to the fair resolution" of the lawsuit. (Britt v. Superior Court(1978) 20 Cal.3d 844, 859.) Defendants have shown a compelling need for some of the requests. The First Amended Cross-Complaint ("FAX-C") includes causes of action for breach of contract, fraud, elder abuse, conversion, money had and received, and negligence. Plaintiff's Oppenheimer record...
2018.1.26 Motion to Quash Service of Summons 315
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ... 481, 486-487.) “The granting of a continuance for discovery lies in the discretion of the trial court, whose ruling will not be disturbed in the absence of manifest abuse.” (Id. at p. 487.) The court of appeal in Beckmanstated that there was no abuse of discretion, as Plaintiff had not made a sufficient showing to allow it to conclude that further discovery would “likely lead to production of evidence establishing jurisdiction.” (Ibid.) ...
2018.1.26 Motion to Stay Enforcement of Judgment 428
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ...of a bond, and that their value exceeds the value of any bond required by statute. Code of Civil Procedure section 917.2 permits a stay if the “personal property” that is the subject of the judgment or order appealed from is assigned or delivered or “placed in the custody of an officer designated by the court.” (Code Civ. Proc., § 917.2.) Code of Civil Procedure section 995.710 permits a deposit in lieu of bond if the deposit is in one o...
2018.1.26 Motion to Strike or Tax Costs 689
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.1.26
Excerpt: ... in bad faith. (Williams v. Chino Valley Independent Fire District (2015) 61 Cal.4 th 97, 99-100.) But here, Defendant made a reasonable C.C.P. § 998 offer, for $151,000, plus Plaintiff's reasonable fees and costs. (Low Decl. ¶ 4 Ex. A.) Plaintiff did not accept. Trial then resulted in a defense verdict. In light of the recent decision in Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (Cal. Ct. App., Jan. 2, 2018, No. E061677) 2018 WL 259...
2018.1.26 Motions to Compel Further Responses 454
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.1.26
Excerpt: ...or RFA 40, Plaintiff stated that she was diagnosed with bone-related conditions which “were in fact not indicated” as she “would later learn from other podiatrists,” but failed to identify the factual basis for that conclusion, such as the identity of the referenced “other podiatrists,” what they told her, and any corresponding records. Plaintiff also refers to an unspecified history of disciplinary proceedings and record of “making...
2018.1.26 Motion for Preliminary Approval of Class Action Settlement 432
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.1.26
Excerpt: ...ned version of any revised papers (including the Notice of Settlement to the class). The moving papers variously reference an estimated class size of over 1,000 (p. 2 of settlement agreement), 1,560 (p. 1 of points and authorities) and 1,650 (Administrator's attached invoice). Which is it, and what is the most accurate class size estimate at this time? The settlement agreement suggests that the Administrator will resolve any workweek disputes. Th...

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