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2024.06.13 Motion for Summary Judgment, Adjudication 434
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.06.13
Excerpt: ... harassment/hostile work env ironment on the basis of national origin, race, and ethnicity: Defendants are entitled to summary adjudication on this cause of action because the undisputed material facts show: (i) Plaintiff cannot establish a prima facie case of harassment against Defen dants because Plaintiff cannot allege that the conduct was offensive; and/or (ii) Plaintiff cannot establish that the alleged conduct was sufficiently severe or per...
2024.06.13 Motion for Leave to File FAC 017
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.06.13
Excerpt: ...ding a February 20, 2024 deposition of KRISTEN provided evidence which establish the willful, reckless, and oppressive act of KRISTEN to allow punitive damages to be imposed against her. Defendant KRISTEN opposes the Motion on the grounds that the allegedly new evidence obtain ed by Plaintiff is not “new”; that Plaintiff knew of these facts before the accident in this action and before the Complaint was filed considering the close friendship...
2024.06.13 Motion for Leave to File Amended Complaint, for Preliminary Injunction 194
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.06.13
Excerpt: ... of service whic h states that an amended complaint was served on Defendant on either April 8 or 9, 2024. It makes no mention of the Motion for Leave to Amend. The Court notes that Defendant has not opposed either of these Motions, which suggests that service upon Defens e counsel was never made. Aside from the service issues, the Motion for Leave to Amend is deficient because it does not state what allegations are proposed to be added and where...
2024.06.13 Motion for Attorney Fees 943
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.06.13
Excerpt: ... award of reasonable attorneys' fees and costs pursuant to Civil Code section 1717, as they are authorized by the Promissory Note at issue in this case. Plaintiff asserts that the Court executed a Judgment in favor of Plaintiff on September 12, 2023; that on March 21 , 2024, its prior motion for attorney's fees was denied without prejudice to Plaintiff re -filing the motion; that the instant motion is timely per the Court's order as it was re -�...
2024.06.13 Demurrer to FAC 674
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.06.13
Excerpt: ... Jared Peterson, ¶¶45.) This is not an adequate meet and confer. The requirements set forth in the Code of Civil Procedure are not suggestive. Counsel are ADMONISHED to comply with all requirements set forth in the applicable codes and case law, in the future. Despite the la ck of meet and confer, the Court will address the merits of the demurrer. Defendants contend that the FAC which asserts a single cause of action for negligence/premises lia...
2024.06.06 Motion to Seal 818
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.06.06
Excerpt: ... both Plaintiffs and Defendants are contractually prohibited from disclosing. Hogan asserts that the relief requested is proper pursuant to California Rules of Court, rules 2.550 and 2.551 because an overriding interest exists per NBC Subsidiary (KNBC -TV), Inv. v. Superior Court (1999) 20 Cal.4th 1178; a substantial probability exists that the overriding interest will be prejudiced if the information is not sealed or redacted; the proposed seali...
2024.06.06 Motion to Compel Further Responses 643
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.06.06
Excerpt: ...der section 2030.230 is unwarranted or the required specification of the documents is inadequate, or an objection is without merit or too general. (Code Civ. Proc., § 2030.300(a).) Plaintiff's responses to the disputed interrogatories are non -substantive. They assert boi lerplate objections based on premature expert disclosure, attorney -client privilege, attorney work product doctrine. Most then go on to state that further supplemental respon...
2024.06.06 Motion to Compel Arbitration 147
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.06.06
Excerpt: ... 6 of 25 Defendants contend that this action arises from the care and services rendered to Decedent, Bruce Douglas, during his residency at the “Gordon Facility” and the “Anaheim Facility”; that on June 8, 2022, when he was first admitted to the Gordon Facility, a written Arbitration Agreement was entered into and signed by Plaintiff, Ellen Douglas, as Bruce Douglas' “Legal Representative and/or Agent” as stated in the agreement; tha...
2024.05.30 Motion to Compel Further Responses 092
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.30
Excerpt: ... objections to RFP 1; 3. To produce all responsive documents, with emails and excel sheets produced in native format; and 4. To serve verifications to the Third Supplemental Responses dated February 7, 2024, and any other amended/supplemental responses served thereunder. Plainti ff contends that The Garden's responses and supplemental responses to the requests at issue are incomplete and that the boilerplate objections are meritless. Plaintiff a...
2024.05.30 Demurrer 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.30
Excerpt: ...t Will -Work. Will- Work a sserts that since the Court's sustaining of Will -Work's previous demurrer, Plaintiff has only inserted a few ambiguous, conclusory statements about Will -Work, neglected to revise its caption page to add Will -Work as a defendant, a fatal flaw as discussed i n the concurrently filed Motion to Strike, and fails to allege any specific facts related to Will -Work's conduct. Will -Work also contends that the Ninth Cause...
2024.05.23 Demurrer 125
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...rty must mee t and confer in person, by telephone, or by videoconference. (Code Civ. Proc., § 430.41.) Here, Plaintiffs met and conferred by email only. (Declaration of Parham Nikfarjam ¶¶ 2 -3.) The Court will exercise its discretion to consider the merits of the D emurrer but admonishes the parties and counsel that the future failure to comply with Page 11 of 25 all applicable statutes and rules may result in a motion being denied or taken o...
2024.05.23 Motion for Leave to File FAC 480
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...damages to Plaintiff s which directly relate to and arise out of the same set of general facts and transaction underlying Plaintiffs' claims as alleged in their operative complaint, i.e., Plaintiffs' transaction with Architectural, Inc. for the purchase and installation of handmade steel windows and doors at Plaintiffs' home. Procedural Requirements A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or am...
2024.05.23 Motion for Summary Judgment 815
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...oceeding.” (Code Civ. Proc., § 437c(a)(1).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which ob...
2024.05.23 Motion for Summary Judgment 482
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...rk as “an off icer” and “personnel” of Kash Construction, Inc., which holds the requisite Class B General Building license obtained by Mohammad Kashouli, the CEO of Kash Construction Inc. Plaintiff submits no legal authority in support of this argument. Plaintiff als o points out that Plaintiff has a Motion for Leave to File a First Amended Complaint calendared for a June 6, 2024 hearing. In the First Amended Complaint, Plaintiff seeks to...
2024.05.23 Motion to Compel Further Responses 247
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ... if an ans wer to a particular interrogatory is evasive or incomplete, or an exercise of the option to produce documents under Code Civ. Proc. section 2030.230 is unwarranted or the required specification of those documents is inadequate, or an objection to an interr ogatory is without merit or too general. The motion must be accompanied by a meet and confer declaration under Code. Civ. Proc. Section 2016.040. (Code Civ. Proc. § 2030.300(b).) P...
2024.05.23 Motion to Transfer Action 643
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...laint for declaratory and i njunctive relief, based on the facts pleaded, the only cognizable injury HNHPC alleges is the assessment of tax liabilities on it, and the gravamen of this lawsuit is a tax refund action as the net result of HNHPC's claims, if successful, would be to absol ve it of its assessed tax liabilities. Respondents assert that Revenue and Taxation Code (“RTC”) sections 34013 and 55243 and California Constitution, Article XI...
2024.05.16 Motion to Stay Proceedings 759
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...ober 26, 2023. ( See ROA 81.) Petitioner appears to have filed a Substitution of Attorney on October 30, 2023, indicating that it is now represented by Marc Cohen, Esq. of Cohen Law Group, APC. (ROA 91.) On that same date, Petitioner filed an Association of Counsel indic ating that Allen Matkins Leck Gamble Mallory & Natsis LLP, and attorneys Scott J. Leipzig, Michael R. Farrell, and Tim C. Hsu, are associating in as co -counsel for Petitioner ...
2024.05.16 Motion to Compel Arbitration 170
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...cation allowing John W . Lomas, Jr. to appear as counsel pro hac vice for Defendant, Thales Avionics, Inc. In reviewing the application for pro hac vice, there appears to be a number of deficiencies. Under California Rules of Court, rule 9.40(c)(1), the applicant must file p roof of service by mail of a copy of the application and of the notice of hearing of the application on the State Bar of California at its San Francisco. Additionally, unde...
2024.05.16 Motion for Terminating Sanctions, Monetary Sanctions 189
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...leadings of any party engaging in the misuse of the discovery process, an order staying further proceedings by that party until an order for discovery is obeyed, an order dismissing the action, or any part of that action, of that party, or an order rendering a judgment by de fault against that party. (Code Civ. Proc. § 2023.030(d).) Additionally, the Court may impose a monetary sanction ordering that one engaging in conduct that is a misuse of t...
2024.05.16 Motion for Summary Judgment 340
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...ion commonly po ssess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) “The standard of care against which the acts of a physician are to be measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be proved by t...
2024.05.16 Demurrer 697
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...�if the pleading is so incomprehensible that a defendant cannot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) Page 18 of 33 Here, it is unclear what Plaintiffs are alleging a grievance with. They allege that Plain tiff Aretha Li's saxophone was stolen and that the Placentia Police Department did not adequately investigate the case. They then allege that various police officers, city counc...
2024.05.09 Motion to Deem RFAs Admitted 661
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.09
Excerpt: ...nt to C.C. P. §§ 2023.010, 2023.030, 2033.280(b). PLAINTIFF also moves for an Order compelling DEFENDANT HORIZON CONSTRUCTION & REMODELING, INC. to serve verified responses, without objection, to Plaintiff's Form Interrogatories - Employment [Set Three], within ten (10) calendar days of the hearing on this Motion. (ROA 144.) Plaintiff moves for an order that Defendant Horizon and its counsel of record Fred Hayes and Rogers, MacLeith & Stolp, L...
2024.05.09 Motion for Summary Judgment 880
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.09
Excerpt: ...ond cause of action for stri ct products liability. Request for Continuance In the alternative, Valley Forge contends that the hearing should be continued under Code of Civil Procedure section 437c(h) as additional facts regarding the purchase, installation, and failure of the Culli gan System will be revealed through additional discovery including the deposition of Defendant, Morris Inc.'s PMK which has not yet been taken; and which has been rev...
2024.05.09 Motion for Sanctions 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.09
Excerpt: ...t least 21 day s before the motion is filed. Section 128.7(c) reads, in pertinent part: "A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). Notice o f motion shall be served as provided in section 1010, but shall not be filed with or presented to the court unless, within 21 days of service of the motion, or any other p...
2024.05.02 Motion to Compel Further Responses 123
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ...nses dee med improper by the propounding party; e.g., objections, or evasive or incomplete answers. [Code Civ. Proc. § 2030.300.] Additionally, failing to respond to Form Interrogatories within the time limit waives most objections to the interrogatories, includin g Page 4 of 33 claims of privilege and “work product” protection. [Code Civ. Proc. § 2030.290(a).] In this instance, Plaintiff propounded Form Interrogatories to Connell Chevrolet...

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