Judge John M. Gallagher: Comprehensive Profile - Analytics, Rulings, and Recent Cases

DEFENDANTS’ MOTION TO COMPEL ARBITRATION PLAINTIFF’S PETITION FOR APPOINTMENT OF ARBITRATOR A valid agreement to arbitrate exists, therefore the motion to compel arbitration i granted. With respect to the Petition for Appointment of an Arbitrator, Cal Code Civ Proc 1281.6 Appointment of arbitrator provide...

CLAIM OF EXEMPTION The parties are requested to appear at the hearing so that the Court may inquire as t some of the claims on Debtor’s Claim of Exemption and Financial Statement The judgment debtor has the burden of proof on what is necessary to support himself an his family, therefore Debtor should bring...

MOTION TO DEEM ADMISSIONS The unopposed motion is GRANTED. The genuineness of any documents and the trut of any matter specified in the Requests for Admission, Set One, is deemed admitted 1

DEFENDANT’S MOTION TO CONTINUE TRIAL Defendant’s motion to continue the trial date is denied. Cal Rules of Court, Rule 3.1332 provides that trial dates are firm and the court may gran a continuance only on an affirmative showing of good cause requiring the continuance Defendant has not made an affirmative ...

(UNOPPOSED) MOTION TO DEEM ADMISSIONS Plaintiff’s unopposed motion for an order that the truth of any matters specified in th requests be deemed admitted is granted.

DEMURRER TO SECOND AMENDED COMPLAINT The demurrer to the Second Amended Complaint’s first, second, third, and fifth causes o action is GRANTED, with leave to amend. It is premature for the court to rule on Defendant’ challenges to Plaintiff’s proposed Third Amended Complaint until Plaintiff has filed a Thi...

JUDGMENT DEBTOR The Parties are ordered to appear so that the Court may obtain additional informatio with which to determine the appropriate amount of an assignment order pursuant to CA CCP 708.510.

MOTION FOR ORDER COMFIRMING SALE OF REAL PROPERTY After review of the Referee’s Report and Motion for Order Confirming Sale of Property, th Court finds and orders: 1. The Referee’s Report is approved. The fees requested in the amount of $ 8,260.00 ar determined to be reasonable and necessary and are approv...

Dept. D MOTION FOR ATTORNEY’S FEES AND COSTS As a preliminary matter, although the motion for attorney’s fees and expert witness fee was timely filed, (see CRC Rule 3.1702, Rule 8.104 , Anthony v. City of Los Angeles,(2008) 16 Cal. App. 4th 1011, 1016), the Memorandum of costs was not. (Cal Rules of Court,...

MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION The motion is DENIED. The court finds that Appellant Dignity Health has failed to mee its burden of establishing that Plaintiff Kramer is not an employee covered by the Health Workplaces, Healthy Family Act of 2014 (the Act) because of the exemption set fort...

(UNOPPOSED) APPLICATION FOR WRIT OF POSSESSION Plaintiff’s request for a writ of possession is defective in that no Application for Writ o Possession (Judicial Council Form CD-100) has been filed. However the request is unopposed therefore the Court will order that upon Plaintiff’ filing of an undertaking ...

(UNOPPOSED) MOTION FOR ATTORNEY’S FEES; MEMORANDUM OF COSTS The unopposed Motion for Attorney’s Fees is granted, and the unopposed Memorandu of Costs is approved. After reviewing the moving papers and supporting declarations, the itemized billin statements, the number of hours spent, the hourly rates reque...

NULL AND VOID The unopposed motion is denied, without prejudice. The court notes that the Cross Complaint filed on February 28, 2019 by Alfredo Trinidad and Landis Law Firm against Drak Law Firm alleges that Benjamin Drake agreed to accept service of the Cross-Complaint; and tha it was served by mail on Fe...

(UNOPPOSED) MOTION TO AMEND COMPLAINT TO MODIFY PLAINTIFF DESCRIPTION The motion to amend the complaint to substitute William N. Kersten as Trustee of th Edmund and Lorraine Kersten Revocable Trust Agreement dated Feb. 28, 2001 in place o William N. Kersten under power of attorney will be granted on the co...

The demurrer to the eleventh cause of action for Elder Abuse is sustained, with leave t amend, for failure to state a cause of action and for uncertainty Plaintiff has failed to allege the requisite caretaking or custodial relationship for an Elde Abuse cause of action based on neglect or financial abuse. ...

FORECLOSURE SALE CLAIMS TO SURPLUS FUNDS The Parties making claims for the surplus funds (Judith Sanchez and Nikki Castr Yoshinaga) are requested to appear at the hearing and to provide the following additiona information/documents to the Court: 1. A copy of Decedent Richard Kevern’s signed will; 2. A copy...

MOTION FOR ADDITIONAL ATTORNEYS FEES TO BE INCLUDED IN JUDGMEN The unopposed motion for an award of additional attorney’s fees and costs incurred i enforcing the judgment is granted. However, upon reviewing the “Activities Export” attache the Declaration of James Cook, the court finds that many of the item...

DEFENDANT’S MOTION FOR LEAVE TO AMEND ANSWER Defendant’s Motion for Leave to Amend the Answer is granted “Liberality should be employed in allowing amendments to answers, for a defendan denied leave to amend is permanently deprived of a defense.” (Hulsey v. Koehler, (1990) 21 Cal. App. 3d 1150, 1159.) More...

CLAIM OF EXEMPTION The parties are directed to appear at the hearing so that the Court may inquire as to som of the claims on Debtor’s Claim of Exemption and Financial Statement Defendant is directed to bring copies of the following documents to the hearing -Copy of rental agreement showing the amount of D...

The unopposed motion is GRANTED. Plaintiff is awarded sanctions in the amount o $747.50.

CONTINUED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Based on the additional information provided, the tentative ruling is to grant the motio for preliminary approval of the Class Action Settlement as the proposed settlement appears to b fundamentally fair, adequate, reasonable and in the b...

GLASS WINDOWS & DOORS The motion is GRANTED. It is ordered that: 1. The settlement reached between Defendant North Glass Windows & Doors an Plaintiff Ceiba Public Schools was reached in good faith within the meaning and effect of Cod of Civil Procedure section 877.6. 2. Any complaints and/or cross-complain...

DEMURRER TO FIRST AMENDED COMPLAINT The demurrer is sustained, with leave to amend. Plaintiff’s action is bared by the 10-yea statute of limitations for claims of latent defects (CCP §337.15). The allegations of the Firs Amended Complaint are insufficient to establish an equitable estoppel The 10-year stat...

CLAIM OF EXEMPTION The parties are directed to appear at the hearing so that the Court may make furthe inquiry related to the claims asserted in Debtor’s Claim of Exemption and Financial Statement Defendant is directed to bring copies of the following documents to the hearing 1) Copies of IHSS payments for...