Judge Frederick P. Horn: Comprehensive Profile - Analytics, Rulings, and Recent Cases

The motion of defendants HRC Manor Care Services, LLC, Manor Care of Fountain Valley, CA, LLC, Heartland Employment Services, LLC, and Triet Kieu to consolidate this action with case no. 2020-01138759 for all purposes is GRANTED.

Plaintiff’s motion for sanctions was filed on August 7, 2020. The proof of service accompanying the motion shows proper service on Defendant’s counsel. However, on August 12, 2020, Defendant’s counsel filed a substitution of counsel.
Defendant did not file any opposition to the motion for sanctions. Giv...

Off Calendar.

The motion of plaintiff Jennifer Allert for an order extending the time to award her attorneys’ fees and costs on appeal and awarding her attorneys’ fees of $64,494.56 and costs is denied for lack of proof of service of the moving papers. Under subdivision (b) of Code Civ. Proc. § 1005, “[u]nless otherwise...

1. Motion No. 1: Demurrer
Plaintiff Yolanda Montiel’s Demurrer to Affirmative Defenses Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 in Defendant Newport Foot and Ankle Center, Inc’s Answer is OVERRULED.
Plaintiff failed to provide a proof of service of her moving papers....

Plaintiff Steve Hodges’ motion for leave to file a Second Amended Complaint is GRANTED.
Code of Civil Procedure section 473, subdivision (b), states in part, “The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading ...

The hearing on Defendants’ Motion to Compel Arbitration and For Stay of Court Action (ROA 17, filed 8/21/20) is CONTINUED to November 17, 2020 at 9:00 a.m. in Department C19.
By this action, Plaintiffs Lloyd Stuart Nagasawa, as trustee of the Nagasawa Family Trust dated July 9, 1998 and Scott G. Nagasaw...

Based on the court’s 9-15-20 Minute Order, Plaintiff’s (Sonny Nguyen) Motion for a Protective Order (filed on 3-4-20 under ROA No. 125) is off calendar.

Motion No. 1:
Defendant’s (Ann Marie Rees) Motion for Orders Setting Aside the Default and Default Judgment, If Any, Entered Against Her On the First Amended Complaint (Motion), filed on 9-1-20 under ROA No. 239, is GRANTED.
Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 750, states, “ ‘ “The court may...

Based on the Notice of Stay of Proceedings (Bankruptcy Stay), filed on 11-5-19 under ROA No. 202, the court CONTINUES the Motions to be Relieved as Counsel filed under ROA Nos. 219 and 222 (Moving Counsel—Michael J. Buley) to 3-16-21 at 9:00 a.m. in Department C19.
Based on the Notice of Stay of Proceed...

Application To Appear as Counsel Pro Hac Vice for Defendant and Cross-complainant Certain Underwriters at Lloyd’s London, Syndicate 1301, Subscribing to Policy No. SS0140418/1753, as Subrogee and Assignee for V&A Jewelry, Inc. (Application), filed on 5-26-20 under ROA No. 185, is CONTINUED to 10-27-20 at 9...

Defendant’s (Fitness RX, LLC dba Crossfit Insanity) Motion for Summary Judgment or, in the Alternative, Summary Adjudication (Motion), filed on 3-10-20 under ROA No. 66, is DENIED.
Defendant’s Objections to Declaration of Gilberto Perez, III (filed on 5-26-20 under ROA No. 92): The court OVERRULES all o...

Tentative Ruling:
Defendants’ Motion to Tax Costs
On 12/19/18, Plaintiff ReadyLink Inc. filed a memorandum of costs claiming $42,492.49 in total costs. Defendants Integrated Healthcare Holdings Inc. (IHHI), WMC-SA Inc., WMC-A Inc., Chapman Medical Center Inc., and Coastal Communities Hospital Inc. no...

OFF CALENDAR

TENTATIVE RULING:
The motion of attorney Shawn Dickerson to withdraw as attorney of record for plaintiff John R. Townsend is denied without prejudice for failure to comply with Rule 3.1362 of the California Rules of Court as outlined below.
First, subdivision (c) of Rule 3.1362 requires a motion to b...

TENTATIVE RULING:
On 12/12/18, the Court set a hearing for terminating sanctions including striking the answer(s). The Court further ordered that any opposition had to be filed no later than 12/28/18, with any reply to be filed no later than 1/9/19. The Clerk was ordered to give notice, which was comple...

TENTATIVE RULING: Defendants’ Motion to Compel Depo
Defendants Wendy Chawen Hsiao and Cheng Hsiao move to compel Plaintiffs Bonnie Williams, Margarita Williams, and Bonnie Castillo to appear for their depositions and to pay $519 in monetary sanctions.
The court GRANTS the motion to compel and also GR...

TENTATIVE RULING: Plaintiff moves to compel Defendant Maria Valadez to provide further responses to Form Interrogatories 2.5, 4.1 and 15.1, and requests sanctions. According to the Opposition and Reply, this motion has been informally resolved by the parties with respect to 4.1 and 15.1. Thus the only issu...

TENTATIVE RULING:
The unopposed demurrer of defendants Kevin Coleman and Net Development Co to the fourth, fifth, sixth, and seventh causes of action in the first amended complaint of plaintiff Bruce Orr and the demurrer of defendant Robert Lorenzetti to the fourth, eighth, ninth, tenth, and eleventh ca...

TENTATIVE RULING:
Defendants Pacific College, Donna Woo, and William Nelson’s demurrer to plaintiffs David Castillo and Sarah Wilkinson’s Complaint on the grounds that Plaintiffs are improperly joined is OVERRULED.
The parties do not dispute that the standard for joinder of plaintiffs is set forth in...

TENTATIVE RULING: Plaintiff’s Motion to Strike
On 11/3/18, Defendants County of Orange, Orange County Central Men’s Jail, Orange County Health Care Agency, Orange County Sheriff’s Department, and Deputy Flynn filed their Motion for Summary Judgment.
Plaintiff Jennifer Westfield moves to strike the Mo...

TENTATIVE RULING:
The motion of plaintiff Ronald L. Cedillos for an order relieving him of paying further arbitration expenses is denied. Defendants Hughes & Hughes and Lisa Bergman have indicated that they have offered to, and will agree to pay for the costs of arbitration, subject to the ability of th...

CONTINUED

TENTATIVE RULING:
The motion of attorney BarthCalderon, LLP to withdraw as attorney of record for Plaintiff Universal Surveillance Systems, LLC is GRANTED.
Moving attorney is ORDERED to give notice to Plaintiff and all other parties to this action. Counsel to file proof of service of the Court’s orde...