City of Costa Mesa vs. Palmblade

Case Number: 16-841782
Hearing Date: February 9, 2017
County: Orange County
Judicial Officer: Crandall, James
Word Count: 772

 

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...

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American Express Bank, FSB vs. Hernandez

Case Number: 15-782868
Hearing Date: February 9, 2017
County: Orange County
Judicial Officer: Crandall, James
Word Count: 135

 

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...

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Cohen vs. UDR, Newport Beach North, L.P.

Case Number: 16-834518
Hearing Date: February 9, 2017
County: Orange County
Judicial Officer: Crandall, James
Word Count: 346

 

(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...

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Lyon vs. FAC US, LLC

Case Number: 16-889760
Hearing Date: February 9, 2017
County: Orange County
Judicial Officer: Crandall, James
Word Count: 593

 

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...

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Mesa West, Inc. vs. Phustaerous, Ltd.

Case Number: 16-877352
Hearing Date: January 19, 2017
County: Orange County
Judicial Officer: Crandall, James
Word Count: 1,276

 

 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...

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LoanMe, Inc. vs. Hinshaw

Case Number: 16-844915
Hearing Date: January 19, 2017
County: Orange County
Judicial Officer: Crandall, James
Word Count: 670

 

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...

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Stevenson vs. Billy Casper Golf

Case Number: 16-835036
Hearing Date: January 19, 2017
County: Orange County
Judicial Officer: Crandall, James
Word Count: 593

 

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...

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Candelaria vs. Alhkouli

Case Number: 16-863730
Hearing Date: January 19, 2017
County: Orange County
Judicial Officer: Crandall, James
Word Count: 211

 

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...

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Green Oasis Ecosystems vs. Orville Myers as Trustee

Case Number: 16-865044
Hearing Date: January 19, 2017
County: Orange County
Judicial Officer: Crandall, James
Word Count: 3,231

 

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,...

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BFS West, Inc. vs. Westbridge Construction, Inc.

Case Number: 16-841704
Hearing Date: January 5, 2017
County: Orange County
Judicial Officer: Crandall, James
Word Count: 239

 

  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...

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