The Irvine Company LLC vs. Hacatoryan Corporation
Motion to Compel Reference and to Appoint Referee
Motion type
Parties
Ruling
no other less restrictive means of protecting the privacy interests involved.
Clerk to give notice.
2 The Irvine Motion to Compel Reference and to Appoint Referee Company LLC vs. Hacatoryan Plaintiff The Irvine Company, LLC’s Motion to Compel Corporation Reference and to Appoint a Referee is DENIED. 30-2024- The Court overrules Defendants’ objection to Kroll’s 01418952-CU- BC-CJC declaration and exhibit 1 to the declaration. (See Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 218-219.)
Plaintiff waived its right to compel reference under the lease by participating in litigation for 22 months and presenting no explanation for the delay. (See Hofer v. Boladian (2025) 111 Cal.App.5th 1, 13 [“Unexplained delay in seeking arbitration, while proceeding with litigation in court without mentioning or seeking to preserve the right to arbitrate, constitutes powerful evidence of the relinquishment and abandonment of the right to arbitrate—including delays comparable to the delay in this case”].)
Clerk to give notice.
3 Asmar vs. Motion to Set Aside Entry of Default Alphamotive Motors, LLC The motion to set aside default of defendants Jean Pierre 30-2024- Castro and Byron Castro is DENIED. 01395887-CU- BC-CJC Default was entered against both defendants on 7/2/2025. The motion was filed on 5/28/2026, after the six-month cutoff in Code of Civil Procedure section 473, subdivision (b).
Thus, defendants must establish equitable grounds for relief, including extrinsic fraud or mistake. (Kramer v. Traditional Escrow, Inc. (2020) 56 Cal.App.5th 13, 29 (Kramer).) Equitable relief may be given only in exceptional circumstances, and a court's equitable power is narrower than its power under section 473. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 982, 985.)
Defendants declare they retained attorney Dan Miller to represent them in the action and paid him for legal services, believing he would represent all named defendants. However, Miller filed an answer only on behalf of defendant Alphamotive Motors, LLC. Defendants present no documentary evidence supporting their
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