| 04/01/2014 8:30 AM DEPT. S35A | MOTION RE: SUMMARY JUDGMENT OR IN THE ALTERNATIVE ADJUDICATION FILED BY DEFENDANT MICHAEL PUHEK | DENIED | |||||||
| Minutes DAVID COHN, JUDGE CLERK: GAIL ANDERSON COURT REPORTER TERESA HIGH 11048 COURT ATTENDANT IRENE ROMO – ATTORNEY INFORMATION ATTORNEY SLAVEIA LANKOULOVA PRESENT FOR PLAINTIFF/PETITIONER. ATTORNEY GREGORY KOEHLER PRESENT FOR DEFENDANTS PUHEK/ZIP CODE PROPERTIES. – PROCEEDINGS: PREDISPOSITION HEARING HELD – MICHAEL PUHEK’S MOTION FOR SUMMARY JUDGMENT/SUMAMRY ADJUDICATION IS HEARD. – PRELIMINARILY, THE COURT RULES ON REQUESTS AND OBJECTIONS. THE REQUEST FOR JUDICIAL NOTICE OF THE “WEBSITE” IS DENIED; OBJECTION THERETO IS SUSTAINED. OBJECTIONS #2, 3, 7, 8, 9 AND 10 TO THE PUHEK DECLARATION ARE SUSTAINED; OBJECTIONS #4, 5 AND 6 ARE OVERRULED. OBJECTION #4A TO THE BILODEAUX DECLARATION IS SUSTAINED AND OBJECTIONS #1, 2, 3, 4B AND 5 ARE OVERRULED. THE OBJECTION TO “PACKAGE OF INFORMATION” IS OVERRULED. THE COURT WILL ACCEPT IT AS SUBMITTED EVIDENCE. ALL RULINGS ARE TO THE PARTICULAR LINES ADDRESSED IN THE OBJECTIONS ONLY. – MICHAEL PUHEK’S MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION IS DENIED. DEFENDANT HAS FAILED OT ESTABLISH THAT CAUSES OF ACTION #1, 2 AND 3 ARE TIME BARRED BY APPLICABLE STATUTES OF LIMITATION. – COUNSEL FOR DEFENDANT PUHEK TO GIVE NOTICE. === MINUTE ORDER END === HEARING RE: REVIEW OF TRIAL ASSIGNMENT SET FOR 04/01/14 AT 08:30 IN DEPARTMENT S35. |
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| 04/01/2014 8:30 AM DEPT. S35A | MOTION RE: SUMMARY JUDGMENT/ADJUDICATION BY REMAX PROPERTIES | DENIED | |||||||
| Minutes DAVID COHN, JUDGE CLERK: GAIL ANDERSON COURT REPORTER TERESA HIGH 11048 COURT ATTENDANT IRENE ROMO – ATTORNEY INFORMATION ATTORNEY SLAVEIA LANKOULOVA PRESENT FOR PLAINTIFF/PETITIONER. ATTORNEY GREGORY KOEHLER PRESENT FOR DEFENDANTS PUHEK/ZIP CODE PROPERTIES. – PROCEEDINGS: PREDISPOSITION HEARING HELD – ZIP CODE PROPERTIES, INC’S MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION IS HEARD. ARGUED BY COUNSEL AND SUBMITTED. – ZIP CODE PROPERTIES, INC’S MOTION FOR SUMMARY JUDGMENT IS DENIED. ZIP CODE PROPERTIES, INC’S MOTION FOR SUMMARY ADJUDICATION AS TO C/A #6 ONLY IS GRANTED. – ZIP CODE PROPERTIES WAS NOT A PARTY TO THE CONTRACT. ADJUDICATION OF C/A #S 1-5 AND 7 IS DENIED. – COUNSEL FOR DEFENDANT ZIP CODE PROPERTIES TO GIVE NOTICE. === MINUTE ORDER END === |
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| 04/01/2014 8:30 AM DEPT. S35 | HEARING RE: REVIEW OF TRIAL ASSIGNMENT | Pre-D Complete | |||||||
| Minutes DAVID COHN, JUDGE CLERK: GAIL ANDERSON COURT REPORTER TERESA HIGH 11048 COURT ATTENDANT IRENE ROMO – ATTORNEY INFORMATION ATTORNEY SLAVEIA LANKOULOVA PRESENT FOR PLAINTIFF/PETITIONER. ATTORNEY GREGORY KOEHLER PRESENT FOR DEFENDANTS PUHEK AND ZIP CODE PROPERTIES. PARTIES NOT PRESENT: JOHN HOLLMAN – PROCEEDINGS: PRETRIAL CONFERENCE HELD – CERTAIN DEFICIENCIES EXIST IN THE PLEADINGS FILED IN THIS MATTER. THE COURT FILE DOES NOT REFLECT THAT DEFENDANT PUHEK FILED A NEW ANSWER AFTER THE 1ST AMENDED COMPLAINT WAS FILED. ANSWER TO BE FILED WITHIN 10 DAYS. PARTIES AGREE THAT THE CORRECT PARTY DEFENDANT IS ZIP CODE PROPERTIES DBA REMAX PROPERTIES. PLAINTIFF AGREES TO DISMISS THE AS-NAMED DEFENDANT REMAX PROPERTIES AT THIS TIME. DEFENDANT HOLMAN ALSO HAS ONLY AN ANSWER TO THE ORIGINAL COMPLAINT ON FILE. DEFENDANT FUENTES WAS DEFAULTED BEFORE THE FILING OF THE AMENDED CCOMPLAINT. COUNSEL TO REVIEW PLEADINGS AND SEE IF THE DEFAULT REMAINS EFFECTIVE WITH THE NEW PLEADINGS. TRAIL DATES ARE VACATED AND TRIAL RESCHEDULED. AN OSC IS SET REGARDING SANCTIONSSTATUS OF HOLMAN AND FUENTES. AMOUNT OF INTENDED SANCTIONS WILL BE $250.00. – ON COURT’S MOTION, CASE ORDERED DISMISSED AS TO DEFENDANT REMAX PROPERTIES WITHOUT PREJUDICE. NOTE: ANSWER FILED 3/18/13 WAS APPLIED IN ERROR TO DEFENDANT REMAX AND WAS ACTUALLY FILED ON BEHALF OF ZIP CODE PROPERTIES. RECORD TO BE CORRECTED.) – HEARINGS: VACATE READI HEARING SCHEDULED FOR 04/17/14 AT 08:30 IN DEPARTMENT S35. VACATE JT HEARING SCHEDULED FOR 04/21/14 AT 10:00 IN DEPARTMENT S35. – ORDER TO SHOW CAUSE RE : SANCTIONS/STATUS OF HOLMAN/FUENTES SET FOR 05/01/14 AT 08:30 IN DEPARTMENT S35. SET ON TRIAL READINESS/ASSIGNMENT CALENDAR FOR 07/31/14 AT 08:30 IN DEPARTMENT S37J JURY TRIAL SET FOR 08/04/14 AT 10:00 IN DEPARTMENT S37J ESTIMATED DURATION OF 7 DAYS. PARTIES WAIVER FURTHER WRITTEN NOTICE/REASSIGNMENT NOTICE WAIVED. === MINUTE ORDER END === ACTION – COMPLETE |
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