Judge Walter P. Schwarm: Comprehensive Profile - Analytics, Rulings, and Recent Cases

Motion No. 1:
Defendant’s (Nili N. Alai) Motion for Order Deeming Truth of Facts, filed on 3-18-19 under ROA No. 368 (Motion), is DENIED for the reasons set forth below:
Code of Civil Procedure section 2033.280, states, in part, “If a party to whom requests for admission are directed fails to serve a...

Based on the Request for Dismissal (filed on 8-26-21 under ROA No. 32), the Order to Show Cause Hearing regarding Preliminary Injunction, scheduled for hearing on 9-7-21, is off calendar.

Motion Nos. 1-12:
The court DENIES the following motions as MOOT for the reasons set forth below: (1) Motion to Compel HomeAway.com, Inc. to Respond to Requests for Admissions (ROA No. 182); (2) Motion to Compel HomeAway.com, Inc. to Respond to Requests for Production (ROA No. 183); (3) Motion to Compel...

Motion No. 1:
Based on Defendants’ (Defendants Farzad Hoorizadeh and White Ridge Consulting, Inc. dba White Ridge Capital) Notice of Taking the Motion to Strike Portions of Amended Crtoss-Complaint and Demurrer to Plaintiffs’ First Amended Complaint Off Calendar (filed on 8-24-21 under ROA No. 131, the ...

Based on the Request for Dismissal (filed on 9-1-21 under ROA No. 31), Defendants’ (HSBC Bank USA, N.A., as Trustee for the Registered Holders of Ace Securities Corp. Home Equity Loan Trust, Series 2005-HE2, Asset Backed Pass-Through Certificates (the “Trust”), PHH Mortgage Corporation (“PHH”), and Western...

Based on the court’s 9-3-21 Minute Order, the court CONTINUED Defendants (Hassan Kassir, Ghada Kassir, Mohammed Mahdi Kassir, Ali Kassir, Osima Soft, Inc. and Osmiasoft Corp.), filed on 5-5-21 under ROA No. 281, to 9-28-21 at 9:00 a.m. in Department W8.
Based on the court’s 9-3-21 Minute Order, the cour...

Moving Counsel’s (Timothy V. Maher Jr. and LS Carlson Law, PC) Motion to Be Relieved as Counsel (Motion), filed on 8-13-21 under ROA No. 101, is GRANTED.
The Motion to be Relieved as Counsel complies with the requirements of California Rules of Court, rule 3.1362. Moving Counsel served the Motion, Decla...

Based on the court’s 8-31-21 Minute Order, the court CONTINUED Plaintiff’s (Sentinel Capital Holdings, LLC) Motion for Protective Order, filed on 10-22-19 under ROA No. 175 to 11-16-21 at 10:00 a.m. in Department W8.
Based on the court’s 8-31-21 Minute Order, the court CONTINUED Plaintiff’s (Sentinel Ca...

Based on the Notice of Withdrawal of Demurrer to Plaintiff’s Complaint, Defendant’s (Seal Beach Shores, Inc.) Demurrer to Complaint (filed on 5-3-21 under ROA No. 14), and scheduled for hearing on 9-7-21) is off calendar.

Plaintiff’s (Maria Bernal) unopposed Motion for Leave to File First Amended Complaint (Motion), filed on 4-12-21 under ROA No. 14, is GRANTED.
California Rules of Court, rule 3.1324 states in part, “(a) Contents of Motion [¶] A motion to amend a pleading before trial must: [¶] (1) Include a copy of the ...

Status Conference regarding Settlement.

Based on the Request for Dismissal (filed on 8-25-21 under ROA No. 51) as to Defendant—Sandra Nawrocki, Defendant—Sandra Nawrocki’s Demurrer to Complaint (filed on 5-28-21 under ROA No. 32, and scheduled for hearing on 9-7-21) is off calendar.

As to both Motions, Moving Counsel filed Proofs of Service (filed on 9-1-21 under ROA Nos. 494 and 496) reflecting proof of service of the Notice of Motion and Motion to Be Relieved as Counsel, the declaration of Charles Kirkland, the Order Granting Attorney’s Motion to Be Relieved as Counsel, and the decl...

Defendant’s (Daniel Jake Macias) Motion to Strike Portions of Plaintiffs’ First Amended Complaint (Notice filed on 5-7-21 under ROA No. 47 and Memorandum of Points and Authorities filed on 5-7-21 under ROA No. 36) is DENIED. (The court will refer to the Memorandum of Points and Authorities as the Motion.)<...

Plaintiff’s (Rancho Veracruz Condominium Association) unopposed Motion for Order Establishing Admissions (Motion), filed on 6-30-21 under ROA No. 69, is GRANTED.
Code of Civil Procedure section 2033.280, states, in part, “If a party to whom requests for admission are directed fails to serve a timely res...

Plaintiff’s (Erriton Hall) unopposed Motion to Compel Further Responses to Requests for Production of Documents, Set One, Propounded on Suzuki Motor of America, Inc. (Motion), filed on 5-10-21 under ROA No. 106, is GRANTED.
Code of Civil Procedure 2031.310, states, in part, “(a) On receipt of a response...

The City of Santa Ana’s (City) Motion for Good Faith Settlement Determination by Defendant, City of Santa Ana (Motion), filed on 5-27-21 under ROA No. 49, is GRANTED.
Code of Civil Procedure section 877.6 states in part, “(a)(1) Any party to an action in which it is alleged that two or more parties are ...

Defendant’s (The Landing M2, LLC) to Plaintiffs’ First Amended Complaint (Demurrer), filed on 4-27-21 under ROA No. 47, is SUSTAINED in part and OVERRULED in part as set forth below.
“A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual is...

Ex Parte Application.

Defendants’ (Indecon Builders, Inc. and Michael Lewis Pulley) Demurrer to Complaint of Plaintiff 2255 East Palmdale LLC, filed on 4-21-21 under ROA No. 14, is CONTINUED to 9-21-21 at 9:00 a.m. in Department W8 to be heard with Defendants’ Motion to Compel Arbitration and Stay Proceedings set for hearing on...

Motion No. 1:
Defendants’ (Hassan Kashefipour and Zarrinkelk, Kashefipour & Co.) Motion to Strike Portion of Plaintiffs’ First Amended Complaint, filed on 4-27-21 under ROA No. 65, is DENIED as MOOT.
On 7-14-21, Plaintiffs (Meridian PO Finance LLC and Breakaway Capital Management, LLC) filed a Second...

Plaintiff’s (Deborah Elaine Quintana) Motion to Compel Defendant Garden Grove Unified School District’s Deposition (Motion), filed on 5-3-21 under ROA No. 57, is CONTINUED. (The court will discuss a continuance date with the parties.)
Defendant’s (Garden Grove Unified School District) Separate Statement...

Defendant’s (Daniel Jake Macias) Motion to Stay Discovery as to Defendant Daniel Jake Macias (Motion), filed on 4-28-21 under ROA No. 30, is GRANTED as set forth below.
Avant! Corporation v. Superior Court (2000) 79 Cal.App.4th 876, 887 (Avant!) states, “As stated, the other factors Keating recognized i...

Before confirming the rulings on the below Motions, the court requests Moving Counsel to appear to discuss whether Moving Counsel’s client received notice of the below Motions.
Motion No. 1:
Moving Counsel’s (Mac W. Cabal, Michael K. Murray, and Lanak & Hanna, P.C.) Motion to be Relieved as Counsel f...