The motion for summary judgment by defendant Clark Design/Build of California, Inc., erroneously sued as Clark Construction Group, LLC, (hereinafter, Clark) is DENIED. Even though plaintiff has not opposed the motion, Clark has failed to meet its initial burden on...

 Motion to Determine Holder Liability   Defendant Gateway One Lending & Finance’s (“Gateway”) liability is limited to the amount plaintiff Jessica Gibson owed paid the contract.   No court in California has directly addressed the issue of whether attorneys’ fees...

Motion to Strike or Tax Cost Bill Denied.   Procedural issue The moving papers are not in conformity with the CRC with regard to the alternative motion to tax costs.  CRC Rule 3.1700(b)(2) requires an alternative motion to tax costs...

Plaintiff Christen motion to compel arbitration is GRANTED. (See CCP § 1281.2.)   Plaintiff carried her initial burden of establishing a written contract to arbitrate (see Declaration of Christen H. Ussery (“Ussery Decl.), Ex. A (“Agreement”) and that plaintiff’s claims,...

Motion by Defendant/ Cross-complainant All Cities management Services, Inc. to Bifurcate “the trial of the First Amended Cross-Complaint (including the express indemnity claim) of the CITY OF ANAHEIM (the “City”) from the trial of all issues relating to plaintiff’s claims...

1) Defendant Pinnacle Investment Group’s motion to quash service of summons for lack of personal jurisdiction is CONTINUED to 3-23-17, at 1:30 p.m., in Department C-33, so that plaintiff Jerome Stumps can conduct jurisdictional discovery. See, Milhon v. Superior Court...

Proposed plaintiff-in-intervention Liberty Insurance Corporation’s motion for leave to intervene is GRANTED. The petitioner is the insurance carrier for plaintiff’s employer and seeks leave to intervene to recover workers compensation benefits paid to plaintiff. (See Complaint-In-Intervention at ¶¶ 1-2, 8;...

The motion by cross-defendants Emerald Ridge Homeowners Association and Accell Property Management to strike portions of the cross-complaint is granted.  (CCP 435, 436.)   A claim for punitive damages must be supported by specific factual allegations.  The mere conclusory characterization...

Plaintiff Mesa West, Inc.’s Application For Preliminary Injunction is CONTINUED again to January 19, 2017, on the basis that Plaintiff still has not served Defendants Phustaerous, Ltd., and Michael S. Weigold, Individually, and As Trustee of Deed of Trust, with...

Motion No. 1. OSC Re: Issuance of Preliminary Injunction.   Plaintiff Salim Elhalwani’s application For Issuance of Preliminary Injunction is DENIED without prejudice.   Plaintiff’s supporting evidence failed to establish the likelihood of success on any of the causes of...