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2018.1.29 Motion to Tax Costs 819
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.1.29
Excerpt: ... to March 19, 2018 at 10:30 a.m. in Department C-26. Paramount is ordered to produce evidence of the costs it incurred in taking the depositions of Steve Martin and Brian Bergmark. No further briefing is permitted. Motion 2: Motion to Tax Costs. Moving Party: Paramount Petroleum Company (“Paramount”). Responding Party: Sully Miller Holding Company (“Sully Miller”). Opposition filed. Ruling Motion 2: Paramount's Motion to Tax Costs is gran...
2018.1.29 Motion to Compel Disposition 449
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.1.29
Excerpt: ...fer. Lawyers' Escrow is ordered to comply with the Subpoena within 15 days after service of notice of this order. Monetary sanctions in the amount of $560 are awarded against Lawyers' Escrow and in favor of Plaintiffs. Code Civ. Proc., § 2025.480; see also Cal. Prac. Guide Civ. Pro. Before Trial Ch. 8E-6 at ¶ 8:617.5 (“Monetary sanctions (as well as contempt) are available against nonparties who ‘flout the discovery process.'”). Plaintiff...
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...
2018.1.29 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 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 Motion for Leave to File Complaint 322
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2018.1.29
Excerpt: ... the decedent, and to assert a cause of action for wrongful death. The proposed First Amended Complaint is attached to the moving papers. The motion is not opposed. Plaintiff is ordered to file and serve on all counsel of record and any new parties the First Amended Complaint within (5) five days from notice of this hearing. Plaintiff to give notice. 2. Case Management Conference To be continued by Court. ...
2018.1.29 Motion for Protective Order 342
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2018.1.29
Excerpt: .... Guide Civ. Pro. Before Trial Ch. 8F-3 [The Rutter Group] at 8:956.1.) The objection based on “burdensome and oppressive” will not lie solely on the basis of the number of questions asked; other reasons must be shown. (Id. at 8:1099.) Plaintiff is ordered to respond to the discovery within 45- days. Trial scheduled for March 12, 2018 will be continued, and counsel should come prepared to discuss a future trial date. All discovery and motion ...
2018.1.29 Motion for Reclassification 596
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.1.29
Excerpt: ...on. Id. at 270 (emphasis in original). Appellate courts have underscored the high threshold set by Walker: “[The plaintiff] may well not prevail on the factual disputes regarding the extent of his injuries . . . . But a [Walker] hearing is not to be perceived as a minitrial or an opportunity for a trial judge to put forth a well-educated guess of a verdict. The unlikeliness of a judgment in excess of $25,000 is not the test. The trial court rev...
2018.1.29 Motion for Reconsideration
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.1.29
Excerpt: ...erent facts, circumstances, or law are claimed to be shown.” CCP § 1008 CCP § 1008 allows the trial court to reconsider and modify, amend, or revoke its prior order where the moving party show different facts exist. Mink v. Superior Court (1992) 2 Cal.app. 4th 1338, 1342. The moving party "'must provide not only new evidence but also a satisfactory explanation for the failure to produce that evidence at an earlier time." Id. Application: Prio...
2018.1.29 Motion for Summary Judgment
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.1.29
Excerpt: ... above reason and because defendant's/cross-complainant's Separate Statement of Undisputed Material Facts does not comply with California Rule of Court Rule 3.1350(b). The issues specifically stated in the Notice of Motion are not repeated verbatim in the Separate Statement. Moving party to give notice. ...
2018.1.29 Motion for Summary Judgment 142
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.1.29
Excerpt: ...ow that there are triable issues of material fact on whether the parties entered into a contract. In the County's Separate Statement, it listed only eight facts These facts do not established that a contract was never formed. The Union representatives were consulted on the job sharing agreement. (UMF 28). Ms. Kiddy signed on behalf on the County. (UMF 30). After Plaintiff signed the agreement, the County implemented it. (UMF 31). Plaintiff was ne...
2018.1.29 Motion for Summary Judgment 322
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.1.29
Excerpt: ...nted as to Issue Nos. 2, 3, 4, and 5 and denied as to Issue Nos. 1 and 6. Cross-Defendants' requests for judicial notice are granted. Cross-Complainants' objections to evidence submitted in support of Cross-Defendants' motion for summary judgment/adjudication are overruled. “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entit...
2018.1.29 Motion to Compel Further Responses 196
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2018.1.29
Excerpt: ...terrogatory No. 3 and DENIED, as to Special Interrogatory No. 4. The Court finds Plaintiff's response to Special Interrogatory No. 3 was evasive and incomplete and orders a further verified response, absent objections, within 15 days-notice of this order. No order of sanctions. Moving party to give notice. ...
2018.1.29 Motion to Strike 254
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.1.29
Excerpt: ...dence that the defendant has been guilty of oppression, fraud, or malice. “Malice” means conduct that is intended to cause injury or despicable conduct that is carried on with a willful and conscious disregard of the right and safety of others. Civ. Code § 3294(c)(1). In Taylor v. Superior Court (1979) 24 Cal.3d 890, plaintiff sued to recover compensatory and punitive damages for injuries sustained in an automobile collision with a car drive...
2018.1.29 Motion to Compel Further Responses 766
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.1.29
Excerpt: ...lance footage at issue. Thus, Plaintiff's motion is moot as to the video. Defendants have met their burden to establish the incident report at issue is protected from disclosure by the attorney-client privilege. (Evid. Code § 405; D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 736; Soltani-Rastegar v. Super. Ct. (1989) 208 Cal.App.3d 424; Payless Drug Stores, Inc. v. Superior Court (1976) 54 Cal.App.3d 988.) Here, the incident report ...
2018.1.29 Motion to Compel Production 282
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.1.29
Excerpt: ...ndant has identified two groups of documents to which the subject requests pertain: (1) documents relevant to pricing and payment arrangements between Miracle Mile and plaintiff in the past, and (2) documents reflecting plaintiff's cost for durable medical equipment issued to the various defendants. It appears that the documents sought would be directly relevant to defendants' unclean hands and unjust enrichment defenses, as well as to the reason...
2018.1.29 Motion to Disqualify Attorney of Record 439
Location: Orange County
Judge: Marks, Linda
Hearing Date: 2018.1.29
Excerpt: ...e also ¶4 and ¶53-¶56 of FAC, ¶2 and ¶5 of Makemson Declaration and ¶3 and ¶6 of Walden Declaration). As a nominal defendant the corporation stands in conflict with the insider defendant who is being accused of fraud. Court issues no order regarding outside counsel for the corporation but notes that the Court in Forrest concluded that outside counsel for the corporation is the better approach while the corporate attorney represents the ins...
2018.1.29 Motion to Enforce Settlement 710
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.1.29
Excerpt: ......
2018.1.29 Motion to Enforce Settlement, OSC Re Dismissal 906
Location: Orange County
Judge: Gooding, Martha K
Hearing Date: 2018.1.29
Excerpt: ...on 11/24/15. It sought a judicial declaration “as to whether Plaintiff or Defendant have acquired an easement over the other's property based on the location of the boundary line.” Complaint, Prayer at 12. In four separate causes of action – the Eighth through Eleventh – Plaintiff sought the establishment of “an easement across Defendant's property for use of Plaintiff's driveway.” Id. at 13. It does not appear that Plaintiff verified...
2018.1.29 Motion to Proceed by Pseudonym
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.1.29
Excerpt: ... regarding the use of Doe pseudonyms in court proceedings. “[F]ederal courts “have permitted plaintiffs to use pseudonyms in three situations: (1) when identification creates a risk of retaliatory physical or mental harm [citations] ; (2) when anonymity is necessary ‘to preserve privacy in a matter of sensitive and highly personal nature,' [citations]; and (3) when the anonymous party is ‘compelled to admit [his or her] intention to engag...
2018.1.29 Motion to Set Aside Default, Judgment 477
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.1.29
Excerpt: ... GRANTED. (CCP § 473(d).) The default judgment against Defendant Laterza is void as a matter of law due to improper service. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544; Ramos v. Homeward Residential, Inc. (2014) 223 Cal.App.4th 1434, 1443-44.) Plaintiff attempted to serve Defendant by substituted service at Defendant's work, but did not locate or use the correct work address. Within 15 days of service of the notice of ruling, Defendant sha...
2018.1.29 Motion to Set Aside Dismissal 848
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.1.29
Excerpt: ... under Civ. Proc. Code § 473 (b). Leader v. Health Indus. of Am., Inc. (2001) 89 Cal. App. 4th 603, 620. The requirement to submit an answer or other pleading applies to the discretionary portion of the statute. When the court grants a relief under the mandatory portion of Civ. Proc. Code § 473 (b), “[t]he court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory lega...
2018.1.29 Motion to Stay Proceedings 007
Location: Orange County
Judge: Lewis, Gregory
Hearing Date: 2018.1.29
Excerpt: ...Pacers Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690 [trial courts have the discretion to stay a civil action when a criminal matter is pending.]) All other discovery as to third party witnesses and documents is not stayed. (Fuller v. Superior Court (2001) 87 Cal.App.4th 299, 310 [the trial court may devise a solution that fairly accommodates the interests of all parties and the judicial system in light of circumstances].) A status hearin...
2018.1.29 Motion to Strike
Location: Orange County
Judge: Griffin, Craig
Hearing Date: 2018.1.29
Excerpt: ... argues that decedent “died instantly,” but this appears to be a mischaracterization of Plaintiff's pleadings, as discussed more fully below under the third point. (Motion to Strike at p. 2, lines 5-6 [citing Complaint at ¶¶ 4-10. 17].) Defendant's argument tacitly imples that decedent's surviving spouse may maintain a wrongful death action, but cannot not bring a survival action because decedent's death was instantaneous. Where a decedent ...
2018.1.29 Demurrer, Motion to Strike 796
Location: Orange County
Judge: Glass, Geoffrey
Hearing Date: 2018.1.29
Excerpt: ......

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