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2022.03.17 Motion for Judgment on the Pleadings 613
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...tiff had a medical exemption letter from a doctor and Defendant told Plaintiff to stand outside until the other customers left; after the other customers left, Defendant left Plaintiff standing outside until Plaintiff asked why and re-entered the store; Defendant took the letter, read it, and argued with Plaintiff, stating Plaintiff can wear a face shield; Defendant intentionally restrained and harassed Plaintiff without legal authority. A defend...
2022.03.17 Motion for Attorney Fees 047
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...h of the following occur: “(1) The defendant obtains a summary judgment, judgment under CCP section 631.8 (motion for judgment in court trial), directed verdict, or nonsuit in an action for indemnity or contribution or in a proceeding under the California Tort Claims Act; and “(2) The court, on motion, finds that the plaintiff did not bring the action in good faith and with reasonable cause.” (See C.C.P. section 1038(a).) Section 1038 “re...
2022.03.17 Demurrer 094
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...at this is not a wrongful termination claim based on public policy but rather, based on contract. It is well settled that a cause of action is not defined by the label plaintiff puts on it. Instead, the validity of a cause of action is determined by an examination of the allegations themselves, and a determination of whether those facts state any cause of action at all. (Barquis v. Merchants Collection Assn. (1972) 7 Cal.3d 94.) In fact, in evalu...
2022.03.10 Motion to Appoint Receiver 932
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...980.7, subdivision (c), among other orders in support thereof, and requiring reimbursement in this action. The City contends that the Property owned by Defendant, Anna Makkouk (“Defendant”) has had on-going nuisance conditions since 2004, and most recently from 2018 to 2021, including unsafe structures, trash, debris, improper ventilation, inadequate heating, inadequate plumbing fixtures, inadequate lighting and ventilation, inadequate room a...
2022.03.10 Motion for Summary Judgment 933
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...to set forth any of his qualifications, education, or experience. “To determine that a witness qualifies as an expert the judge must ascertain ‘if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.' (Evid. Code, § 720, subd. (a).)” (Miller v. Los Angeles Cty. Flood Control Dist. (1973) 8 Cal. 3d 689, 701.) Mr. Harris states he is a “roo...
2022.03.10 Motion for Leave to Amend Complaint 498
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...emonstrate that he possesses a legally sufficient claim which is ‘substantiated,' that is, supported by competent, admissible evidence.” (Ibid.). “[T]he court must deny the section 425.13(a) motion where the facts asserted in the proposed amended complaint are legally insufficient to support a punitive damages claim.” (Ibid.). “The court also must deny the motion where the evidence provided in the ‘supporting and opposing affidavits' ...
2022.03.10 Motion for Determination of Good Faith Settlement 407
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...2/11/21. Solis filed this motion on 11/10/21. Trial is set for 4/11/22. Whether a settlement is within the “good faith ballpark” is to be evaluated on the basis of information available at the time of settlement under the following factors: • the amount paid in settlement • a rough approximation of plaintiff's total recovery and the settlor's proportionate liability • a recognition that the settlor should pay less in settlement than if ...
2022.03.10 Demurrer to FAC 232
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ... complaint and that Plaintiff fails to plead facts sufficient to state a cause of action for Violation of the Unruh Civil Rights Act (the “Unruh Act”), Civil Code section 51 et seq. under the first ground for a predicate violation of the American with Disabilities Act, 42 U.S.C. § 12181, et seq. (the “ADA”); or under the second ground for an alleged intentional discrimination against disabled persons in the provision of facilities and se...
2022.03.10 Demurrer 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...n the basis the claim cannot be asserted outside an insurance context. As explained by the California Supreme Court in Foley, “[e]very contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement.” (Id. at p. 683). “Because the covenant is a contract term, however, compensation for its breach has almost always been limited to contract rather than tort remedies.” (Id. at p. 684). “As a con...
2022.03.10 Motion to Quash Service of Summons and Complaint 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...aser against Defendants Carmax Auto Superstores California, LLC (“Carmax”) and Ford Motor Company (“Ford”). The operative pleading is the First Amended Complaint (“FAC), which was filed on 8/4/21, and alleges: 1. Violation of the Consumers Legal Remedies Act (injunction); 2. Breach of Contract; 3. Intentional Misrepresentation; 4. Negligent Misrepresentation; 5. Breach of the Implied Warranty of Merchantability; 6. Breach of the Express...
2022.03.03 Demurrer, Motion to Strike 126
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ...Plaintiff's fraud by omission claim is barred by the economic loss rule and is insufficiently pled. Whether Plaintiff's Claims are Time Barred? Defendant contends all of Plaintiff's claims are time-barred by their respective statute of limitations. The three-year statute of limitations applies to Plaintiff's claim for violation of Civil Code section 1793.2. (C.C.P. section 338(a) [“Within three years: (a) An action upon a liability created by s...
2022.03.03 Demurrer 185
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ...rth, and Sixth through Fourteenth Causes of Action of the SAC fail to state facts sufficient to constitute a cause of action such that the demurrer should be sustained and these causes of action dismissed. Plaintiff contends that the causes of action at issue are sufficiently pled, and that the demurrer should be overruled but that if it is sustained, it should be with leave to amend. Initially, the Declaration of Joshua Bornstein, counsel for De...
2022.03.03 Motion to Transfer Action 873
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ... LLC (the “Company') there, and the Company's principal place of business is in Bakersfield in Kern County. He also contends that there is no statutory exception to authorize the filing of the lawsuit in Orange County, and that the Complaint does not allege that any event or wrongful conduct occurred in Orange County. Brown additionally contends that Plaintiffs' counsel should be ordered to pay Brown the reasonable expenses and attorney's fees ...
2022.03.03 Motions for Summary Judgment 672
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ...laintiff, Kirk Matsushige, with Darin W. Barber, in his capacity as Executor of the Estate of Kirk Matsushige, deceased. (See ROA 114.) As such, this motion is directed to the First Amended Complaint and all Plaintiffs named therein. Dr. Pham contends that there is no triable issue of material fact as to the following issues: (1) the medical care and treatment rendered by Dr. Pham to patient, Debbie Matsushige (the “patient” or “Ms. Matsush...
2022.03.03 Demurrer 333
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ...ave notice of the Court's ruling on September 22, 2021 by email; and thus, the FACC should have been filed by October 14, 2021—20 days plus 2 extra days since service was by email. Cross-Complainants did not oppose the Demurrer. In any event, CENTER is correct that the Court sustained its demurrer with 20-days leave to amend. The matter was set to be heard on September 23, 2021 and the Court's Minute Order on the matter was issued on September ...
2022.02.24 Motion to Strike Allegations and Prayer for Punitive Damages 823
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.24
Excerpt: ...mages. In addition, Plaintiff also includes facts and exhibits that are outside of the operative complaint and judicial notice has not been requested. Accordingly, this evidence is not considered by the Court. Pursuant to Civil Code § 3294(a), a plaintiff may seek punitive damages for “oppression, fraud, or malice.” Civil Code § 3294(c) defines “malice” as conduct which is intended to cause injury or despicable conduct carried on with a...
2022.02.24 Motion to Set Aside Dismissal 187
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.24
Excerpt: ...Settled Case hearing, Plaintiffs' counsel stated that attorney fees still needed to be resolved. The Court continued the OSC to 9/30/21, noting the 9/4/21 dismissal date. The Court ordered Plaintiff to give notice. On 9/30/21, no dismissal having been filed, the Court ordered the entire action dismissed without prejudice and ordered the Clerk to give notice. No parties had appeared. Then on 11/4/21, Plaintiffs filed the subject Motions to Set Asi...
2022.02.24 Motion to Dismiss Second Cause of Action, to Exclude Evidence and Argument at Trial, to Dismiss TAC 314
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.24
Excerpt: ...action and dismiss the third amended complaint with prejudice.” Defendants ask the court to deem this a motion in limine, or common law motion for judgment on the pleadings, as the court deems appropriate and proper. Defendants assert that the Court should exclude all evidence and argument which contradicts Plaintiff Vertical Media Group, Inc.'s binding admissions that show it lacks standing to sue: (a) the property management agreement referen...
2022.02.24 Motion to Clarify Motion to Compel Arbitration 549
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.24
Excerpt: ...on said motion took place on February 4, 2021; that the Court stated at the hearing that the order compelling arbitration pertained to Stueve Bros. Farms and Millcreek, and that no specific arbitrator was to be assigned to arbitrate the dispute between Plaintiffs, Stueve Bros. Farms and Millcreek outside the customary random assignment procedures of JAMS; that the Court's order compelling arbitration does not so state; that Plaintiffs have attemp...
2022.02.24 Motion for Peremptory Writ of Mandate 678
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.24
Excerpt: ...equests that the Court “immediately issue an alternative writ, order to show cause, and temporary stay preventing Respondents from voting to extend or maintain the Emergencies, pending issuance of a peremptory writ prayed for in paragraphs 2 and 4.” (ROA, Verified Petition, Prayer for Relief, ¶ 6.) A proceeding for a writ of mandate is initiated by filing a verified petition of the party beneficially interest, and the writ must be issued in ...
2022.02.10 Motion to Strike Complaint, for Monetary Sanctions 399
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...e amount of $25,250 as mandated by California Code of Civil Procedure section 425.16(c). The Carlson Defendants contend that Plaintiffs' single claim for malicious prosecution arises solely and exclusively from constitutionally protected activity as Plaintiffs seek to hold the Carlson Defendants liable for alleged conduct undertaken during their representation of their former client, Defendant High Seas Yacht Charters, LLC (“High Seas”) in an...
2022.02.10 Motion to Quash Deposition Subpoena 979
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...vacy is a 'fundamental interest' of our society, essential to those rights ‘guaranteed by the First, Third, Fourth, Fifth and Ninth Amendments to the U.S. Constitution.' … However, ‘the constitutional right of privacy is not absolute; it may be abridged to accommodate a compelling public interest. [Citations.] One such interest, evidenced by California's broad discovery statutes, is ‘the historically important state interest of facilitati...
2022.02.10 Motion for Trial Preference 209
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...… “(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. “(e) Notwithstanding any other provision of la...
2022.02.10 Demurrer 711
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...996) 12 Cal.4th 631, 638.) Under CCP § 338(d), the statute of limitations for a cause of action for fraud is three years. The cause of action is not deemed accrued “until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.” (CCP § 338(d); (Kline v. Rutner (2001) 87 Cal.App.4th 1369, 1373.) Section 338(d) effectively codifies the delayed discovery rule in connection with actions for fraud. (Britton v. Girar...
2022.02.10 Demurrer 644
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...as specifically directed at Plaintiff with an intent to harm, and that Plaintiff's allegations do not constitute conduct that is so outrageous and shocks the conscience to impart liability under an IIED theory. Huntington Gardens also contends that leave to amend should be denied as amendment would be futile. Plaintiff contends that the demurrer does not specify the code section under which Huntington Gardens makes it demurrers, that the IIED cau...
2022.02.03 Demurrer, Motion to Strike 930
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.03
Excerpt: ...Privacy; Plaintiff alleges the following: he was riding a motorized skateboard in the City when he was stopped by Officer Ecsedy and cited for riding the skateboard in the area. After, Plaintiff walked to an area with a crowd of about 300 people on the block in their 20s and 30s. City Police officers arrived at the area. Officers Ecsedy and Vidana told Plaintiff to leave the city. He stated he would not leave without his friend. He called his fri...
2022.02.03 Motions to Compel Responses 952
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.03
Excerpt: ...nts, without objection, and to produce all responsive documents in his possession of under his control. Plaintiff seeks monetary sanctions in the amount of $1600 against Defendant and his attorneys of record herein, Timothy Joens and Matthew Joens. (ROA 42) Initially, it should be noted that service herein was defective. The motions were served by electronic delivery on 10/11/2021, but the email addresses of the parties appearing herein were not ...
2022.02.03 Motion for Summary Judgment 672
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.03
Excerpt: ...ntiffs named therein. The elements of a medical malpractice cause of action are: (1) duty of professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between negligent conduct and resulting injury; and (4) actual loss or damage resulting from professional's negligence. (Avivi v. Centro Medico Urgente Med. Ctr. (2008) 159 C...
2022.02.03 Motion to Compel Further Responses 157
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.03
Excerpt: ... the statement of compliance with the demand is incomplete; (2) a representation of inability to comply is inadequate, incomplete, or evasive; and (3) an objection in the response is without merit or is too general. A motion filed pursuant to C.C.P. section 2031.310 requires the motion “set forth specific facts showing good cause justifying the discovery sought by the demand.” There are only two document demands at issue. Request No. 3 seeks:...
2022.02.02 Motion for Terminating Sanctions 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.02
Excerpt: ...4.35 against Plaintiffs for the costs incurred when Z-WANG failed to appear for his noticed depositions and for the attorney fees incurred in filing this Motion. LOAN OAK seeks terminating sanctions pursuant, inter alia, to Code of Civil Procedure Sections 2023.010, 2023.030, and 2025.450. C.C.P. section 2023.010(g) defines the misuse of discovery process to include “[d]isobeying a court order to provide discovery.” C.C.P. section 2023.030(a)...
2022.01.27 Motion to Compel Further Responses 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.27
Excerpt: ...ing monetary sanctions in the amount of $4,642.50 against Defendant and his counsel of record, Niral Patel. Plaintiff contends that Defendant's responses to the SPROG are deficient and evasive; that the objection that SPROG, Nos. 1, 10, 11, 12, and 13, are unintelligible due to the definition of “INCIDENT” is without merit; that the objections to SPROG, Nos. 2 to 9, and 35 to 70 that they have been previously propounded and that continuous di...
2022.01.27 Motion for Summary Judgment, Adjudication 157
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.27
Excerpt: ...or breach of contract, fraud, and products liability, or its claim for punitive damages as to World. The court combines the discussion of both motions to make the ruling more manageable. A. Background Brief Factual Background The plaintiff alleges that World entered into a contract with Fueling to convert 50 fleet vehicles from gasoline to compressed natural gas (“CNG”) power and to provide warranty coverage on emission and control systems in...
2022.01.27 Demurrer 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.27
Excerpt: ...gations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated. Thus, absent those limited cases where a breach of a consensual contract term is not claimed or alleged, the only justification for asserting a separate cause of ...
2022.01.20 Motion to Compel Responses 352
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.20
Excerpt: ...n. Motions: Per the declarations of Corey Taylor, counsel for Defendant, in support of the motions, Plaintiffs failed to timely respond to discovery requests. Responses were due on 6/11/21. Attorney Taylor sent opposing counsel a letter on 8/20/21 stating he would file a motion if responses were not received by 8/23/21. There was no response to that letter. These motions were filed on 9/22/21. Plaintiffs filed an untimely omnibus opposition (file...
2022.01.20 Motion to Compel Further Responses 252
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.20
Excerpt: ...ses to Form Interrogatory, Nos. 12.1 is evasive and incomplete, as the response to No. 12.1 identifies 191 allegedly percipient witnesses and does not truly respond to the call of the request, that Plaintiff is entitled to the contact information of percipient witnesses, and that the boilerplate objections are without merit. Defendant, Southern California Specialty Care, LLC dba Kindred Hospital Santa Ana (“Kindred Hospital”) contends that it...
2022.01.20 Motion to Compel Further Responses 135
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.20
Excerpt: ...her responses as to Nos. 1-33, 36, 39-61. Meet and Confer A motion to compel further responses to requests for admission must include a meet and confer declaration pursuant to CCP § 2016.040. (CCP § 2033.290(b)(1).) A declaration pursuant to CCP § 2016.040 must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” Here, Plaintiff files the declaration of her counsel, Harm...
2022.01.20 Motion for Summary Judgment 020
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.20
Excerpt: ... Plaintiff. (See SSUMF 1.) 1st COA for Medical Negligence The elements of a medical negligence cause of action are: 1. Duty of professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; 2. A breach of that duty; 3. A proximate causal connection between negligent conduct and resulting injury; and 4. Actual loss or damage resulting from professional's negligence.   (Avivi v. C...
2022.01.13 Demurrer 317
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.13
Excerpt: ...etween…Plaintiff and Defendant, and/or each of them,” and that a copy of the agreement is attached as Exhibit A. Exhibit A appears to consist of two documents: (1) an apparent invoice dated 02/04/2021 from “Drinkwater Investment Group LLC” billed to “Boss Consulting”, and (2) an email message. Although the complaint alleges the existence of an agreement (comprised of the order and invoice), the cause of action is still uncertain and/o...
2022.01.13 Motion to Compel Further Responses 703
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.13
Excerpt: ...ponding party permits. “(b) Each answer shall: “(1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. “(2) Deny so much of the matter involved in the request as is untrue. “(3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. �...
2022.01.13 Motion to Compel Further Responses 135
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.13
Excerpt: ... compel further responses to interrogatories or inspection demands must include a meet and confer declaration pursuant to CCP § 2016.040. (CCP §§ 2030.300(b)(1), 2031.310(b)(2).) A declaration pursuant to CCP § 2016.040 must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” Here, Plaintiff files a separate declaration of her counsel, Harmony Alves, in support of each...
2022.01.13 Motion to Sustain Demurrer 922
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.13
Excerpt: ... claims contractual damages which is not permitted for the tort of negligent misrepresentation and is recoverable through Plaintiff's bad faith claim rendering the cause of action deficient, redundant and improper. Plaintiff Mindi Miller (“Plaintiff”) contends that additional facts have been added to support the element of justifiable reliance, that justifiable reliance is a question of fact, and that the negligent misrepresentation claim aga...
2021.12.16 Motion to Compel Deposition, for Protective Order 795
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...iled two motions in a single moving document, with only one reservation, and only one filing fee paid. The court orders Defendants to pay the additional filing fee within 5 days. 1. Motion to Compel CCP § 2025.480(a) states: “(a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpo...
2021.12.16 Motion for Summary Adjudication 428
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...defaulted on two business loans and that Defendant is obligated to pay on the remaining outstanding balance on the loans such that Plaintiff is entitled to summary adjudication on the First and Third Causes of action in this collection action. The motion is unopposed. A plaintiff has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to ju...
2021.12.16 Motion for Leave to File FAC 943
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...ed as Exhibit A to the Complaint. “Schedule A” attached to the note shows interest totaling $29,811.55. The Complaint states Defendant made the first two payments, albeit late, but failed to make the last and final payment which was due on 9/30/20. The Court overruled Defendant's demurrer on 4/22/21. Defendant answered on 5/28/21. Proof of Service: There was no proof of service filed or attached to the motion. There was also no opposition. Pl...
2021.12.16 Demurrer 079
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...pertinent part, as follows: “Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically provided in Sections 3602, 3706, and 4558, shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment and for the death of any employee if the injury proximately causes...
2021.12.09 Motion to Compel Further Deposition, for Monetary Sanctions
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ...dy Property”. Defendants' Notice of Motion. Defendants' Notice of Motion, the caption and the body of the Notice, states that Defendants are seeking to compel Plaintiff's further deposition to answer questions pertaining to Plaintiff's Trust and the sale and resulting proceeds of Plaintiff's property known as the “Kennedy Property”. (See Notice of Motion caption and body of Notice.) Defendants' Motion, however, discusses Plaintiff's failure...
2021.12.09 Motion to Compel Arbitration and Stay Proceedings
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ...laims that are the subject of this action dated November 14, 2019 (the “Agreement”); that all Defendants named in the Complaint are included and covered by the Arbitration Agreement; that Plaintiff refuses to arbitrate the claims; and that all requirements of Code of Civil Procedure section 1281.2 are satisfied. Plaintiff contends that the Agreement is unenforceable because it is procedurally unconscionable as an adhesion contract because it ...
2021.12.09 Motion for Relief from Entry of Default
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ... into hospice care. She returned to the property as her health improved, but her mental state deteriorated. Plaintiffs allege Defendant moved Candaleria Singh out of the house and kept her in a hotel, and Defendant gave her drugs and alcohol. In February 2019, Defendant quitclaimed her interest in the property to himself. Candaleria Singh had no recollection of transferring title. Plaintiffs filed a proof of service of summons on 6/11/21 (ROA 27)...
2021.12.09 Motion for Attorney Fees
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ...n to strike shall be entitled to recover his or her attorney's fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” Under this provision, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.  (...
2021.12.09 Demurrer
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ...Decl., ¶3.) Fraudulent Conveyance: “Under the UFTA, ‘a transfer of assets made by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer, if the debtor made the transfer (1) with an actual intent to hinder, delay or defraud any creditor, or (2) without receiving reasonably equivalent value in return, and either (a) was engaged in or about to engage in a business or transaction for which the d...

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