The court exercised its discretion, and has considered Defendant’s untimely filed and served Opposition. Plaintiff’s Request For Judicial Notice is GRANTED as to Items P-S, inclusive. Judicial Notice is limited to the existence of, filing/recording of, and the legal effect...
American Express Bank, FSB vs. Hernandez
Plaintiff American Express Bank, FSB’s motion to set aside dismissal and enforce settlement pursuant to Code of Civil Procedure section 664.6 is GRANTED as follows. Plaintiff’s request for an order vacating dismissal (see Notice of Motion at p. 2) is...
Cohen vs. UDR, Newport Beach North, L.P.
(1) Demurrer to Second Amended Complaint (“SAC”) (2) Motion to Strike Portions of the SAC On 2/9/16, plaintiff filed a complaint. On 5/16/16, plaintiff filed a first amended complaint (“FAC”) against defendants UDR, Newport Beach North, L.P. dba Coronado...
Lyon vs. FAC US, LLC
Defendant CarMax Auto Superstores West Coast, Inc.’s demurrer to complaint is SUSTAINED in its entirety with 10 days leave to amend. A plaintiff pursuing an action under the Song-Beverly Act must plead and prove: “(1) the vehicle had a nonconformity...
Mesa West, Inc. vs. Phustaerous, Ltd.
Plaintiff’s Request For Judicial Notice. Plaintiff requests judicial notice of a series of instruments concerning the Property, recorded with the Orange County Recorder’s Office. Defendant has not raised an objection to the court taking judicial notice of these documents. Where...
LoanMe, Inc. vs. Hinshaw
Plaintiff LoanMe, Inc.’s Motion for Summary Adjudication is GRANTED in part and DENIED in part. Issue No. 1. Plaintiff’s Motion for Summary Adjudication as to Issue No. 1 is granted. Plaintiff has met its initial burden for its First Cause...
Stevenson vs. Billy Casper Golf
Under CCP 377.60(a), a decedent’s spouse, children, issue of deceased children, and personal representative have standing to assert a claim for wrongful death. An heir that has not been joined is not an “indispensable” party to a wrongful death action...
Candelaria vs. Alhkouli
The court declines to consider plaintiff Chris Halabi Candelaria’s “objection” filed on January 12, 2017, as there is no proof of service. Defendant Harpreet Singh, M.D.’s demurrer to first amended complaint is OVERRULED. The first amended complaint alleges only one...
Green Oasis Ecosystems vs. Orville Myers as Trustee
MOTION #1: DEMURRER TO CROSS-COMPLAINT First, Moving Party’s notice of demurrer is procedurally defective. “A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross-complaint, or answer are taken. Unless it does so,...
BFS West, Inc. vs. Westbridge Construction, Inc.
Motion for summary judgment or in the alternative, summary adjudication This motion was originally set for 12-8-16. Just prior to the hearing, defendants filed a late opposition. Plaintiff objected to the late opposition and the court declined to...