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16398 Results

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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 Demurrer 923
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ...ited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is co...
2018.1.26 Application for Writ of Attachment 640
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ...ndant. In the absence of appearance, mail service of the application is insufficient. Where the defendant has not yet appeared in the action and personal service is required, service must be made in the same manner as a summons. (Code Civ. Proc., § 482.070, subd. (d).) Also, here, the proofs of mail service do not show service on Defendant as opposed to other defendants in this action. The court also notes that on their face, the promissory note...
2018.1.26 Demurrer 027
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2018.1.26
Excerpt: ... an agent of the tenant in Civ. Code § 1162(b)(2). The terms of the commercial lease agreement between the plaintiff and defendant provides that notices given are effective upon “…the earliest of the following: (i) personal receipt by either party or their agent…” The third amended complaint alleges that personal delivery of the notice to quit was made upon the defendant's officer manager on 03/10/17. The court finds that an allegation t...
2018.1.26 Demurrer 059
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.1.26
Excerpt: ...dicial Notice is granted as to Exhibits 3-26. The request is superfluous as to Exhibits 1, 2 and 27—all of which are documents on file in this case—and may be considered by the Court without a request. Defendants' demurrer on the ground of misjoinder is overruled. Defendants' demurrers on ground of lack of standing are sustained with leave to amend as to Plaintiffs Coye Decuir, Martha Diaz, Raivie Galura, Ruffel Galura, Michael Gauthier and B...
2018.1.26 Demurrer 205
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.1.26
Excerpt: ... forth the essential facts of his case with particularity sufficient to acquaint a defendant with the nature, source and extent of his cause of action.” Alch v. Superior Court (2004) 122 Cal.App.4th 339, 382. A plaintiff does not need to allege evidentiary facts. C.A. v. William S. Hart Union H.S. Dist. (2012) 53 Cal.4th 861, 872; Centex Homes v. Superior Court (2013) 214 Cal.App.4th 1090, 1102. There is no need to require specificity in the pl...
2018.1.26 Demurrer 233
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.1.26
Excerpt: ...uessous v. Chrome Hearts, LLC (2009) 179 Cal.App.4th 1177, 1187; City of South Pasadena v. Department of Transportation (1994) 29 Cal.App.4th 1280, 1293; McDowell v. Watson (1997) 59 Cal.App.4th 1155, 1159-60.) Plaintiffs assert that the claim is meant to seek such relief based on a breach of contract. The demurrer is thus Sustained with leave to amend. The Fourth Cause of Action purports to state a claim for Discrimination in Violation of FEHA, ...
2018.1.26 Demurrer 416
Location: Orange County
Judge: Chaffee, David R
Hearing Date: 2018.1.26
Excerpt: ...int on Defendants on 9/29/17, as confirmed by its proofs of service filed on 10/02/17. Under CCP 430.40 (a), Defendants were required to file their Demurrer within 30 days after being served with the summons and complaint, unless extended by stipulation or court order. The deadline for filing the Demurrer was on or about 10/29/17. Defendants filed their Demurrer nearly two months later on 12/27/17. There is no evidence before the court that the D...
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...
2018.1.26 Demurrer 806
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.1.26
Excerpt: ...Albertson Companies, Inc., rather than Albertsons LLC and because Plaintiff's name was slightly misspelled. Defendant does not, however, point to any place in the complaint or provide any judicially noticeable evidence to support that Defendant was actually ignorant of the LWDA complaint within the one-year statute of limitations or that the LWDA did not have sufficient information to investigate. In determining a demurrer, the Court may look to ...
2018.1.26 Demurrer 972
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2018.1.26
Excerpt: ...013) 219 Cal.App.4th 948, 960 [internal citations and quotation marks omitted.]” A claim under the UCL "may be based on representations to the public which are untrue, and also those which may be accurate on some level, but will nonetheless tend to mislead or deceive.... A perfectly true statement couched in such a manner that it is likely to mislead or deceive the consumer, such as by failure to disclose other relevant information, is actionab...
2018.1.26 Demurrer 972
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.1.26
Excerpt: ... conference. One of Citi's arguments is that Plaintiffs cannot adequately represent any class because they are represented by the law firm in which Plaintiff Anthony Graham is a named partner, and that the representation presents an insurmountable conflict between the interests of the class representative and class counsel, on one hand, and the putative class, on the other. (Apple Computer, Inc. v. Superior Court (2005) 126 Cal.App.4th 1253, 1261...
2018.1.26 Motion for Attorney Fees 344
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.1.26
Excerpt: ...s a matter of right, attorney's fees when authorized by contract. Here, plaintiff prevailed in its action for breach of the lease agreement by virtue of the default judgment recently entered in its favor. Plaintiff has established roughly $55,000 in compensable harm, making it the “prevailing party” per CCP §1032(a)(4). The lease agreement provides (at Para 17) as follows: “If after default this agreement is placed with an attorney for col...
2018.1.26 Motion for Entry of Judgment 393
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.1.26
Excerpt: ...otal payment” as follows:  Initial $12,000 payment by 06/25/15;  $1,000/month for 15 months;  Final balloon of $33,000. See Rptr Tx 1:26-2:7. Curiously, plaintiff's counsel who put the terms of the settlement on the record indicated that “we'll call for the entry of judgment if payment is not timely made. The amount would be $50,000 less credit for payment made by that point.” See Rptr. Tx 2:10-13. According to the Griesman Decl Pa...
2018.1.26 Motion for Judgment on the Pleadings 262
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.1.26
Excerpt: ...A 748) and BNY (ROA 764), except that judicial notice will not extend to any hearsay allegations or the truth of matters asserted therein. General Law “Any person, firm ... or other entity against whom double or multiple claims are made, or may be made, by two or more persons, which are such that they may give rise to double or multiple liability, may bring an action against the claimants to compel them to interplead and litigate their several ...
2018.1.26 Motion for Leave to File Complaint 261
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.1.26
Excerpt: ... favoring amendment is so strong, “it is a rare case in which a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case”. Morgan v. Superior Court (1959) 172 Cal. App. 2d 527, 530. Plaintiff is not changing the nature of this case, and his new claims are based on the same nucleus of operative facts. The amendment would not result in any undue prejudice to defendants, since the new alle...
2018.1.26 Motion for New Trial 967
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2018.1.26
Excerpt: ... Driver's Handbook [called “DMV Manual in the Motion] and exclusion of testimony that defendant Nguyen “refused” to take a blood alcohol test – were in error and prevented a fair trial. No authority has been cited that either of these evidentiary rulings are wrong as a matter of law and the Court has located no such authority. As such, the Court's rulings were within its discretion under Evidence Code §352. The Court does not find these ...
2018.1.26 Motion for Order for Limited Waiver 135
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.1.26
Excerpt: ...ough the motion is captioned as a “motion for order of limited waiver of attorney-client privilege,” the relief requested in the Notice of Motion is for “an order requiring further testimony by Plaintiff MIKE JOHAR at deposition” and is based on CCP §§ 2019.010, 2025.010 and 2023.030. A review of the Fischbach Firm's moving separate statement indicates that the Fischbach Firm is also seeking to compel further responses to Request for Ad...
2018.1.26 Motion for Order Staying Execution 005
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.1.26
Excerpt: ...e amount it owes AWPA due to AWPA's judgment against KDF. However, KDF's cross- complaint which is going to trial is against Paul Harper, not AWPA. Although KDF named AWPA as a cross-defendant, the court sustained AWPA's demurrer to KDF's cross-complaint without leave to amend on December 10, 2014, and KDF did not appeal from the ensuing September 9, 2015 Judgment. Thus, AWPA is not responsible for any damages KDF may recover on its cross-complai...
2018.1.25 Motions for Discovery 019
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.1.25
Excerpt: ...rnational's 10 discovery motions filed in August 2017 and continued per ex parte order for hearing, motions relating to discovery were cutoff based on the August trial date. (8-28-17 Minute Order and Order filed 8-28- 17, as well as the 10-25-17 Minute Order.) Frank Li made no request for leave to bring any further discovery motions at the ex parte hearing on 8-28-17. Prevailing party to give notice 2) Frank Li's motion to compel further Response...
2018.1.25 Motion to Withdraw 602
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.1.25
Excerpt: ...s required setting forth contact information and plaintiff Crystal Cove's pending motion for attorney's fees. See, Rule 3.1362(e). Third, attorney Peter Holzer and his firm failed to give notice of the continued hearing date of 1-25-18 as ordered. On the merits, assuming the service and other procedural defects are resolved, attorney Peter Holzer and the Law Office of Peter Holzer's motion to withdraw as counsel for defendants Se Yull Oh and Jo J...
2018.1.25 Motion to Vacate, Set Aside Request for Entry of Default 238
Location: Orange County
Judge: Howard, Theodore R
Hearing Date: 2018.1.25
Excerpt: ...ause it might be required to satisfy the judgment against its insured. The moving party has attached a copy of the proposed answer to th e motion. Colfer Dec. ¶ 2, Exhibit A. The default was enters on July 5, 2017 and default judgment was entered o n July 14, 2017. Rodriguez Dec. ¶¶ 16. This motion was filed on October 10 , 2017. Therefore, it is timely under CCP § 473(b). The moving party has established its insured's default and de-fault ju...
2018.1.25 Motion to Strike Expert 619
Location: Orange County
Judge: Crandall, James L
Hearing Date: 2018.1.25
Excerpt: ...arge a daily fee if the expert is required by the requesting party to be available for a full day and the expert had to forego all business would have otherwise conducted but for the request that the expert be available all day for the scheduled deposition. The Plaintiff's Notice of Deposition for Dr. Haiavy states that: “If the deposition is not completed on the date set out above [01/03/18], the taking of the deposition will be continued from...
2018.1.25 Motion to Quash Service of Summons 631
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.1.25
Excerpt: ...-opposition, stating she does not oppose the motion, and has not presented any evidence showing that moving party was properly served, as is plaintiff's burden. (Ziller, supra at 1232.) Plaintiff to give notice. ...
2018.1.25 Motion for Terminating Monetary Sanctions 928
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2018.1.25
Excerpt: ...omplaint responses to the Defendant's discovery requests, and thereby suffer further prejudice in its preparation for trial, the Court reserves the right to revisit the issue of terminating sanctions and shall consider all of the evidence then presented, including the history preceding the date hereof. The Court Orders Plaintiff to serve second further non- evasive, verified responses to Defendant's Special Interrogatories Set No. One, and Inspec...

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