Judge Theodore R. Howard: Comprehensive Profile - Analytics, Rulings, and Recent Cases

The Order to Show Cause Why Defendants David xxxx xxxxxxx and xxxx xxxxxxxx xxxxxxx-xxxxxxx Should Not be Held in Contempt for Willful Violation of Preliminary Injunction is DISCHARGED.
The essential elements for contempt are a valid order, the subject defendants’ actual knowledge of the order and abili...

Plaintiff’s Motion to Strike the Answer of Defendant Roso, is DENIED.
Plaintiff seeks a terminating sanction pursuant to CCP 2023.030 and related authorities. Plaintiff argues that Defendant did not provide further responses to written discovery in the case. The Motion appears to pertain to an order of ...

MOTION # 1: ATTORNEY FEES Defendants Kelly Renezeder and Joshua Baldwin’s (“Defendants”) Motion for Attorney Fees (“Motion”) is GRANTED in part. The Preliminary Question-- Entitlement to Fees This was an action upon various promissory notes, which were attached to the complaint. Further, the promissory not...

After considering the parties’ papers and arguments in full, the Court GRANTS the Motion by Defendant Turner Construction Company and the Motion by Defendant Single Eagle Inc. for leave to amend their original Answers to the Plaintiffs’ Complaint.
Defendants shall file their respective First Amended Ans...

The Application by plaintiff APRB Yellowstone, LLC, a Wyoming limited liability company (“APRB”) for a Right to Attach Order and Order for Issuance of Writ of Attachment is CONTINUED to October 7, 2021. APRB shall file and serve any additional supporting evidence by 5:00 p.m. on Wednesday, September 22, 20...

A) Motion to Consolidate
Plaintiffs’ Motion to Consolidate is DENIED.
A trial court has the discretion to consolidate multiple different actions into one for all purposes or for trial alone. Civ. Proc. Code § 1048(a); Hamilton v. Asbestos Corp. (2000) 22 Cal. 4th 1127, 1149. Consolidation is not mand...

The Motion for Summary Adjudication of Issues filed by Plaintiff Balboa Capital Corporation (“Balboa”) as to the First and Third Causes of Action in its Complaint, is DENIED.
A plaintiff seeking summary adjudication on a particular cause of action (“COA”) must produce admissible evidence on each element...

The three Special Motions to Strike filed by: (1) Defendant Michael Leight; (2) Defendant Law Offices of Michael Leight; and (3) Defendant Farmers and Merchants Bank of Long Beach (collectively the “Defendants”), respectively, are GRANTED.
As a preliminary matter, the Court has been informed that Plaint...

Demurrer filed by AGA Raymer Properties, LLC: Defendant AGA Raymer Properties, LLC demurs to Plaintiff’s third cause of action in the Second Amended Complaint (“SAC”) for Intentional Infliction of Emotional Distress pursuant to Cal. Code of Civ. Proc. § 430.10(e).
A claim for intentional infliction of e...

Defendant Kelly Small’s (“Defendant” or “Small”) Demurrer to plaintiff Deanna Allen’s (“Plaintiff” or “Allen”) Complaint is SUSTAINED without leave to amend.
A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. Blank v. Kirwan...

Demurrer:
Defendant Bryan Industrial Properties Inc. (“Defendant”) seeks an order sustaining a demurrer to the third cause of action for breach of fiduciary duty on the grounds that this cause of action is uncertain and fails to state facts sufficient to constitute a cause of action, CCP § 430.10(e) and...

Motion to be Relieved as Counsel
Attorney Elizabeth L. Kolar seeks to be relieved from representing Defendants Rancho Santa Margarita RV’s and Vehicle Sales, LLC and Travelers Casualty and Surety of America.
Moving counsel has complied with all statutory requirements. On the merits, there is good cau...

The motion by Plaintiff Cyrus Alimadadian, IRA Resources Inc. FBO Cyrus Alimadadian 35-36721 (“plaintiff’) to amend the Judgment entered in this action to add Grand Theater, Inc. (“GTI”) as Judgment Debtor replacing M3LIVE Bar and Grill (“M3”) is GRANTED.
Courts have the authority under CCP §187 to amen...

The Motion to Strike filed by moving parties S-H Opco San Juan Capistrano LLC dba Brookdale San Juan Capistrano, BKD Twenty-One Management Company, Inc., S-H Forty-Nine Opco Ventures, LLC, Columbia Pacific Advisors, LLC, and Joseph Franz (here “MPs”) on 5/14/21 is DENIED.
The Motion was improperly notic...

The petition for Writ of Mandate by Kyle Reeves (“Petitioner/Reeves”) to set aside the City of Newport Beach (“City”) Building and Fire Board of Appeals’ (“Board”) decision affirming the Building Official’s determination requiring provision of adequate drainage methods or devices to the loggia of Reeves’ r...

The motions by Plaintiff Shihao Sun (“Sun”) to compel Defendants Leafire Inc. (“Leafire”) and Xin Yao (“Yao”) to provide further responses to Special Interrogatories, Set One, #1, 2 and 26 are DENIED WITHOUT PREJUDICE.
Sun’s motions are made pursuant to CCP §2030.300 to compel further responses to 3 int...

The unopposed motion for summary judgment by Defendant Gigi Kroll, M.D. (“Kroll”) in favor of Kroll and against plaintiffs Bennett Tompkins (“Bennett”) , a minor, by and through his Guardian ad Litem, Dana Tompkins (“Dana”), Dana Tompkins and Ryan Tompkins (“Ryan”)(collectively “plaintiffs”) is GRANTED.

The Motion to Compel Plaintiff Brenda Cervantes’ Attendance at Deposition, filed by Defendant Electronic Waveform Lab, Inc. is GRANTED upon a showing that notice was properly given. The proof of service filed with the Motion indicates that Plaintiff’s counsel was electronically served on 03/26/21.
This ...

The motion by Defendants, SDL Management Company, LLC and Centre on Seventeenth (collectively “Defendants”) for an order compelling plaintiff Brian Bell (“Bell”) to attend a second independent medical examination is DENIED.
Defendants have failed to meet their burden under C.C.P §2032.320(a) of demonstr...

The Motion for Prefiling Order for Vexatious Litigant and/or to Require Security, filed by The Regents of the University of California (the “Regents”) is GRANTED.
The Regents have identified at least five “litigations” that Mr. Baron has “commenced, prosecuted, or maintained” as a self-represented litig...

A) Ritesh Desai
Plaintiffs Motion to Compel the Further Deposition Testimony of Ritesh Desai is GRANTED in part and DENIED in part.
The motion is granted as to question Nos. 2, 3, and 4.
The motion is denied as to question Nos. 1 and 5.
“(a) If a deponent fails to answer any question or to prod...

The Demurrer by Defendants Global Hookah Distributors, Inc., (“GHD”) and Brennan Appel (“Appel”), collectively (“Defendants”) to the First Amended Complaint (“FAC”) by Plaintiff ROSE ML, Inc. (“Rose”) is SUSTAINED with 20 days leave to amend.
Rose’s FAC states one cause of action against moving Defendan...

Defendants S-H Opco San Juan Capistrano LLC dba Brookdale San Juan Capistrano, BKD Twenty-One Management Company, Inc., S-H Forty-Nine Opco Ventures, LLC, Columbia Pacific Advisors, LLC (collectively Defendants), and Joseph Franz’s general demurrers to Plaintiffs’ Complaint and the First, Second and Third ...

Before the Court are Motions to Compel Further Responses to Special Interrogatories, Set One and Requests for Production, Set One filed by Plaintiff Michael Brown against Defendant Orange County Transportation Authority.
The Motions are GRANTED.
The responses at issue here are for Special Interrogato...