Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

951 Results

Clear Search Parameters x
Location: Orange County x
Judge: Lee, Richard x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 353)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 500,50
Array
(
)
2021.12.02 Motion to Quash Service of Summons, Complaint 995
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.02
Excerpt: ...efendant has such minimum contacts with the state that the assertion of jurisdiction does not violate traditional notions of fair play and substantial justice. The concept of minimum contacts ... requires states to observe certain territorial limits on their sovereignty. It ensure[s] that the States, through their courts, do not reach out beyond the limits imposed on them by their status as coequal sovereigns in a federal system. To do so, the mi...
2021.12.02 Motion for Summary Judgment, Adjudication 395
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.02
Excerpt: ...ement are indefinite and unknown. ISSUE 2 – Regarding Plaintiff's First Cause of Action for Specific Performance. Plaintiff is not entitled to specific performance against the Estate for ownership of the Lilac Property because she never fully performed on the written agreement. ISSUE 3 – Regarding Plaintiff's Fourth Cause of Action for Specific Performance. Plaintiff is not entitled to specific performance against the Estate for ownership of ...
2021.11.18 Motion to Strike Punitive Damages 048
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ... allege facts of defendant's oppression, fraud, or malice. (CC § 3294(a).) “Malice” is defined as conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (CC § 3294(c)(1).) “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious dis...
2021.11.18 Motion to Provide Binding Declaration or Rights and Duties Re Putative Agreement to Arbitrate 252
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: .... Plaintiffs contend that Code of Civil Procedure §§ 1060, 1061, 1062.3, 1281, and 1281.2 authorize the Court to make a binding declaration of the parties' respective rights and duties concerning an arbitration agreement (the “Agreement”). Plaintiffs contend that a controversy in the interpretation and enforceability of the Agreement has arisen which requires the Court to make a binding declaration of the parties' respective rights and duti...
2021.11.18 Motion to Deem Truth of All Matters Admitted 885
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...r admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.23...
2021.11.18 Motion for Sanctions 064
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...§ 2030.290(c) and 2031.300(c), which relate to a party's failure to respond to interrogatories and inspection demands, respectively, nowhere in Plaintiff's memorandum of points and authorities does Plaintiff mention or discuss such statutes or the applicability of the same to the facts here. In any case, it appears that Plaintiff argues that sanctions are necessary because: (1) Defendant failed to conduct a noticed deposition, (2) Defendant viol...
2021.11.18 Motion for Entry of Assignment Order 235
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...ginal amount of $440,204.10, but that Judgment Debtors have not satisfied any portion of the judgment, such that the current amount owing on the judgment, with post-judgment interest and recoverable costs, is $525,420.44 (the “Judgment Balance”). Judgment Creditor contends that Code of Civil Procedure § 708.510 authorizes the Court to enter an assignment order directing a judgment debtor to assign to a judgment creditor all or part of a righ...
2021.11.18 Demurrer 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs further claim that the insurance broker, WEIS, was negligent in failing to obtain proper insurance. On 9/23/21, this Court overruled FFIC's demurrer to the FAC. FFIC answered on 10/8/21. WEIS filed this demurrer on 8/20/21. To state a claim for negligent failure to obtain insurance coverage, the p...
2021.11.18 Motion to Quash Service of Summons, Strike Complaint 802
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...ate that it certified or declared as true “under the laws of the State of California”, as required by code. (See CCP § 2015.5.)” As such, the court continued the motions “to allow Plaintiff to file proof of proper service of the opposition and to allow Defendant to cure his failure to fully comply with CCP § 2015.5.” The court is in receipt of a proof of service filed by Plaintiff (ROA 38), indicating overnight mail service of the opp...
2021.11.04 Motion for Preliminary Injunction 733
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...the property owned, possessed, and/or otherwise controlled by Plaintiffs -- Parcel No.: 09831305, Lot No.: 120, Tract Nox 2524, with the physical address of 9122 Washington Avenue, Westminster, California 92683 (“Subject Property”); (2) interfering with, disturbing, violating, and/or engaging in any other act, omission, and/or conduct that directly and/or indirectly causes harm, injury, and/or damage to Plaintiffs' quiet use and enjoyment of ...
2021.11.04 Demurrer 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs further claim that the insurance broker, WEIS, was negligent in failing to obtain proper insurance. On 9/23/21, this Court overruled FFIC's demurrer to the FAC. FFIC answered on 10/8/21. WEIS filed this demurrer on 8/20/21. To state a claim for negligent failure to obtain insurance coverage, the p...
2021.11.04 Demurrer 980
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...amages and attorney fees and costs relating to the fifth cause of action. Plaintiff filed a complaint on 3/19/21 against Defendants Dr. Amy Bandy and Amy T. Bandy, Medical Corporation. On 7/15/21, this Court granted Plaintiff leave to amend the Complaint to allege punitive damages. The operative pleading is the FAC, which alleges Professional Negligence, Intentional Infliction of Emotional Distress, Intentional Misrepresentation, Fraudulent Conce...
2021.11.04 Motion to Expunge Lis Pendens 781
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ... may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.” Defendant argues that the notice of pendency of action should be expunged because of (1) Plaintiff's failure to comply w...
2021.11.04 Motion to Strike or Tax Costs 916
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...es o $1,5101.10 in deposition costs o $175.47 in service of process fees o $13,725.00 in expert witness fees; • The requested $19,825.00 in expert witness fees; • The $235.00 for filing and motion fees. Verification Cal. Rules of Ct., 3.1700(a)(1) requires that the memorandum of costs be verified. Plaintiff argues that the instant memorandum of costs is not verified. However, on 8/30/21, the court granted Defendant's Ex Parte Application For ...
2021.11.04 Motion to Sustain Demurrer 201
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...ppears to be referencing the Memorandum of Points and Authorities in Support of Petitioner's Ex-Parte Petition for Temporary or Permanent Administrative Mandamus and Complaint for Relief that was filed on July 1, 2021. (ROA 6.) On 7/14/21, the Court, having considered the arguments and evidence, both written and oral, of all parties, denied Petitioner's Ex Parte Petition for Temporary or Permanent Administrative Mandamus (“Ex Parte Petition”)...
2021.11.04 Motion for Entry of Charging Order 235
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...ors”) have not satisfied the judgment entered by this Court in favor of Judgment Creditor, and that Judgment Debtors have membership interests in Nino Land & Investment Co., LLC. No opposition has been filed. Judgment Creditor brings this motion pursuant to Code of Civil Procedure sections 708.310 and 708.513, and Corporations Code section 17705.03. Code of Civil Procedure (“CCP”) § 708.310 states, in relevant part, “If a money judgment ...
2021.10.28 Motion to Stay, for New Trial 297
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.28
Excerpt: ...33.) Here, as an initial matter, the Court entered Judgment in this matter on 8/12/21. (ROA 432.) The Notice of Entry of Judgment was filed and served by electronic service on 8/24/21. (ROA 442.) On 9/7/21, Cross-Complainant and Defendants Majid Adassi, Happy Kids Nutrition, Inc., and Wijdan Adassi, as successor-in-interest to the estate of Shaheer Adassi filed a Notice of Intention to File Motion for New Trial. (ROA 448, 450.) The Court notes th...
2021.10.28 Motion for Right to Attach Order and Writ of Attachment 267
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.28
Excerpt: ...21 against Defendants MJA Restaurants, Inc. (“MJA”), 4G Wireless, Inc. (“4G”), James M. Burcar, and Does 1 through 20 for: 1. Breach of Written Contract; 2. Common Counts; and 3. Enforcement of Guaranty Plaintiffs leased property to Defendant MJA with Defendants 4G and Burcar signing as guarantors. Plaintiffs claim MJA failed to pay rent beginning in August 2019. A plaintiff may, upon the filing of the complaint or at any time thereafter,...
2021.10.28 Demurrer 540
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.28
Excerpt: ...0 is GRANTED, pursuant to Evidence Code section 452(d). First Cause of Action (“COA”) – Breach of Contract Defendant contends that the SAVC is ambiguous because the allegations make it unclear if Plaintiff is the titled owner or if Plaintiff is not on title and holds only a beneficial and equitable interest. No opposition was filed. Thus, Plaintiff effectively concedes all arguments made in the motion. The failure to challenge a contention ...
2021.10.28 Demurrer 246
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.28
Excerpt: ...�) filed by Plaintiffs LZ Costa Mesa LLC, Wave Plastic Surgery Center Inc., and LZ Management Group LLC (“Plaintiffs”). Ninth Cause of Action for Unfair Business Practices State Farm contends that the FAC fails to allege sufficient facts showing that Plaintiffs have standing as they fail to allege any real monetary or property loss with sufficient particularity, as well as fails to plead this cause of action with sufficient particularity, onl...
2021.10.20 Petition for Writ of Mandate 499
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ...1. Following the Court's sustaining of Respondent's demurrer for uncertainty, Petitioner filed the operative pleading, which is the FAP. Respondent sufficiently met and conferred with Petitioner regarding the issues in the demurrer and motion to strike as required under Code of Civil Procedure sections 430.41 and 435.5. DEMURRER: Government Code section 31721 (all further statutory references are to the Government Code unless otherwise stated) pr...
2021.10.20 Motion to be Discharged and Dismissed from Action 095
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ... Clerk of the Court; (3) Cross- Defendants, and each of them, and their respective attorneys, be restrained from instituting or further prosecuting any other proceeding in any court in California for recovery against the bond; and (4) ACIC be permitted to dismiss itself from the cross-complaint without prejudice.” (Ex Parte App. 2:3-10.) In short, ACIC moves to be discharged and dismissed from this action, and for an award of costs and attorney...
2021.10.20 Motion for Summary Judgment 010
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ... action for Motor Vehicle Negligence is without merit as a matter of law as PACIFIC is a business entity and did not operate any of the vehicles involved in the subject incident; and (2) Issue 2: Plaintiffs' 2nd cause of action for General Negligence is without merit as a matter of law as Plaintiffs' cannot establish that (i) PACIFIC owed Plaintiff CHAYA a duty of care on the date of the incident, (ii) PACIFIC breached any purported duty of care ...
2021.10.20 Motion for Camera Review of Certificates of Merit 926
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ... Court's review, in camera, the Certificates of Merit wherein Plaintiff complied with CCP § 340.1(g), as he submitted certificates of merit from his attorney and from a mental health practitioner who meets the requirements of the statute, and Plaintiff complied with CCP § 340.1(h), as Plaintiff's attorney executed a separate certificate of merit for each defendant named in the complaint. (ROA 37.) As to Plaintiff's motion, pursuant to CCP § 34...
2021.10.14 Motion for Attorney Fees 450
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
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.  (...
2021.10.14 Demurrer 869
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
Excerpt: ...ntiffs' counsel via e- mail on or about July 20, 2021, seeking to meet and confer on the First Amended Complaint; that they received an e-mail from Plaintiffs' counsel that did not resolve the issues in the demurrer; and that “[i]t is [counsel's] understanding that, as to the demurrer on the claims in the First Amended Complaint, the parties remain in disagreement.” (Declaration of Anthony Cartee, ¶¶ 2-4.) This is insufficient to establish ...
2021.10.14 Motion for Terminating, Evidentiary, or Issue Sanctions, for Monetary Sanctions 933
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
Excerpt: ...rrogatories, special interrogatories and requests for production, and deeming the first sets of requests for admissions admitted were granted. Defendants were ordered to serve their verified responses without objections before 01/09/20. Monetary Sanctions were ordered suspended until 01/09/20. If verified responses were not provided before 01/09/20, Defendant(s) were ordered to pay the entire amount of $2,120 to Plaintiffs and their attorneys. (S...
2021.10.14 Motion for Summary Judgment 316
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
Excerpt: ...nst them as Plaintiffs have no evidence that Individual Defendants breached any duty of care owed to Plaintiffs, and that Plaintiffs cannot demonstrate that Individual Defendants were negligent in the operation of Pacheco's vehicle based upon Requests for Admissions, Set One, propounded by Pacheco against Plaintiffs, that were deemed admitted. As of October 7, 2021, Plaintiffs, Maricar Regis, Philip H. Dorantes, The Duc Nguyen, Vu Phi Khac, and A...
2021.10.14 Motion to Set Aside Default 064
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
Excerpt: ...de any void judgment or order.” Defendant argues that default is void and should be set aside because the court did not have personal jurisdiction over Defendant or its predecessor-in-interest, FRMB, Inc. (“FRMB”) at the time of service, due to a defective service of process. Service on a corporation is governed by CCP § 416.10, which states, in part, as follows: “A summons may be served on a corporation by delivering a copy of the summo...
2021.10.07 Motion for Summary Judgment, Adjudication 316
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ...tiffs' vicarious liability claims are barred by the Graves Amendment pursuant to 49 U.S.C. § 30106(a); (2) EAN had no duty to provide warnings beyond those required by the National Highway Traffic Safety Administration and the vehicle's manufacturer; and (3) EAN did not proximately cause Plaintiffs' injuries. Procedural Deficiencies in Plaintiffs' Separate Statement in Opposition “The opposition papers shall include a separate statement that r...
2021.10.07 Motion for Summary Judgment, Adjudication 057
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ... and 10th causes of action alleged and on the issue of punitive damages as follows:  Issue No. 1: Plaintiff cannot maintain a claim against Defendants in his first cause of action for discrimination in violation of the Fair Employment and Housing Act (“FEHA”) because Plaintiff cannot establish a prima facie case of disability discrimination because Plaintiff cannot establish that he suffered from a disability.  Issue No. 2: Plaintiff ca...
2021.10.07 Motion for Judgment on the Pleadings 877
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ...t must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage.” (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248.) The specificity requirement...
2021.10.07 Motion for Camera Reviews of Certificates of Merit 926
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ...rtificates of merit shall be executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows, setting forth the facts which support the declaration: “1. That the attorney has reviewed the facts of the case, consulted with at least one mental health practitioner who the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in t...
2021.10.07 Demurrer 080
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ... reports and orders of administrative agencies.”]) Demurrer Initially, the court notes that the requirements of CCP § 430.41 have not been satisfied, as Defendants have not submitted a declaration stating that meet and confer efforts occurred in person or by telephone. Nonetheless, rather than take the demurrer off calendar, the court, in its discretion, will rule as follows. Defendants' demurrer is based on the grounds that Plaintiff failed t...
2021.09.30 Motion to Compel Further Responses 003
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.30
Excerpt: ...t and conferred regarding the issues raised by the motions. FORM INTERROGATORIES Defendant claims that Plaintiff provided responses “in a strange draft format without identifying the case or responding party, without signature by an attorney despite containing objections, and also in an electronic only Word document.” Defendant requests that responses be provided with an attorney signature and via hard copy or PDF to prevent unintended modifi...
2021.09.30 Motion for Judgment on the Pleadings 815
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.30
Excerpt: ...bit A to the Declaration of Daniel R. Paluch. The Court GRANTS judicial notice of Exhibit A pursuant to Evidence Code section 452(c). The Court takes judicial notice of the existence of these documents and their legal effect. but the court does not take judicial notice of the truth of the matters which might be deduced therefrom. (See, Ragland v. U.S. Bank Nat. Assn. (2012) 209 Cal.App.4th 182, 194.) Merits. Defendant YGRENE contends Plaintiff's ...
2021.09.30 Motion for Determination of Good Faith Settlement 823
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.30
Excerpt: ...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 found liable after a trial • the allocation of settlement proceeds among plaintiffs • the settlor's financial condition and insurance policy limits, if any • evidence of any collusion, fraud, or tortious conduct between the settlo...
2021.09.23 Application for Right to Attach Order 711
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.23
Excerpt: ... levying officer “property in defendant's possession.” (Application 1.d.(1).) Such property consists of “tangible personal property in the debtor's control or possession, which includes chattel paper, instruments, negotiable documents and certain types of securities.” (Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1108-1109.) Upon filing of the complaint, or at any time thereafter, a plaintiff may apply fo...
2021.09.23 Motion for Summary Judgment 316
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.23
Excerpt: ... Action for Products Liability-Negligent Failure to Warn; Sixth Cause of Action for Breach of Implied Warranty of Merchantability for a Particular Purpose; Seventh Cause of Action for Breach of Warranty; and Ninth Cause of Action for Breach of Contract. Plaintiffs' Late Opposing Papers All opposition papers to a motion for summary adjudication must be served on the moving party and filed with the court at least 14 days before the date set for hea...
2021.09.23 Demurrer 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.23
Excerpt: ...ntiffs claim that FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs claim the insurance broker, Bizlinks, was negligent in failing to obtain proper insurance. The FAC states that the “novel coronavirus is mainly spread through airborne droplets containing the SARS-CoV-2 virus that … physically alter and damage the air, including the air withi...
2021.09.23 Motion to Dismiss Causes of Action in Complain for Improper Venue 349
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.23
Excerpt: ...lows: “The proper venue for any proceeding at law or in equity shall be Maricopa County, Arizona. The parties hereto hereby waive any right to object to venue in Maricopa County, Arizona.” Plaintiff argues that Paragraph 18 is unenforceable under Labor Code § 925, which states, in relevant part, as follows: “(a) An employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree t...
2021.09.16 Motion to Strike 650
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ...ormerly known as California Creationz, Inc. Notwithstanding Plaintiff's failure to comply with the meet and confer requirements under Code of Civil Procedures sections 435.5 (motion to strike) and 439 (motion for judgment on the pleadings), the merits are discussed below. Plaintiff argues that California Creationz, Inc. was suspended, its name was taken by a third party, and now a California corporation under certificate number C4710227. Plaintif...
2021.09.16 Motion to Compel Further Responses 877
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ... tracking the prevalence of the TIPM (Totally Integrated Power Module), Engine, and Transmission Defects plaguing Plaintiffs' vehicle, establishing that FCA previously knew of said defects but nevertheless refused to repurchase the vehicle. Plaintiffs claim the responses consist of pure, boilerplate objections and utterly non- responsive statements and that FCA has failed to provide any e-mails and other electronically stored information or searc...
2021.09.16 Motion to Compel Deposition 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ...20; February 22, 2021; and March 16, 2021, without substantial justification despite Lone Oak's efforts to meet and confer in good faith; that Z-Wang cancelled the agreed-upon depositions for February 22, 2021 and March 16, 2021, at the last minute, and that Z-Wang's high blood pressure is an insufficient excuse to avoid deposition as he is in possession of information important to the issues in the lawsuit. Lone Oak also contends that monetary s...
2021.09.16 Motion for Summary Judgment 115
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ...he dangerous condition; and (4) the entity either created the condition, or had actual notice or constructive notice of its existence, and there was sufficient time before the injury for it to have taken remedial action.” (People ex rel. Dep't of Transportation v. Superior Ct. (1992) 5 Cal.App.4th 1480, 1484–1485 [citing Gov. Code § 835; Dominguez v. Solano Irrigation Dist. (1991) 228 Cal.App.3d 1098, 1102].) The City first argues that the s...
2021.09.16 Demurrer 232
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ...ction 51 et seq. under either of two grounds asserted: (1) a predicate violation of the American with Disabilities Act, 42 U.S.C. § 12181, et seq. (the “ADA”); and (2) an alleged intentional discrimination against disabled persons in the provision of facilities and services. As to the first ground, Defendant contends that the Complaint fails to allege any “nexus” between the alleged barriers encountered on the Website and the alleged con...
2021.09.09 Motion to Strike 785
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ... and improper matters inserted in Plaintiff's First Amended Complaint, and failing to comply with prior court ruling. • Paragraph 8, lines 25 to 26 “(which is evidence of pre-determination that she was going to be terminated/placed on the re-employment list)” as irrelevant, false, and improper matters inserted in Plaintiff's First Amended Complaint, and failing to comply with prior court ruling. The District's Request for Judicial Notice Th...
2021.09.09 Motion to Impose Issue, Evidentiary, or Terminating Sanctions, Monetary Sanction 731
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ... provides, in part, as follows: “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process: (a) The court may impose a monetary sanction ordering that one engaging in the ...
2021.09.09 Motion to Compel Arbitration 853
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ...ent West, LLC (which shows it's status is “suspended”) pursuant to Evidence Code section 452(c). The Court GRANTS Plaintiff's request for judicial notice of Exhibits 2 through 10 (A-1's Articles of Incorporation, A-1's Statement of Information, and MARIETTA'S Certificate of Organization, and Annual Registrations for MARIETTA for 2016-2021 only for the existence of these documents and their legal effect. but the court does not take judicial no...
2021.09.09 Motion for Entry of Judgment on the Pleadings 987
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ...tion, are barred by the two-year statute of limitations for breach of contract, and are uncertain, vague, and ambiguous. Defendants also contend that the second cause of action for Fraud is not pled with the requisite specificity as it fails to allege the specific representations made by Defendants to Plaintiff, whether they were made orally or in writing, and where they were made, as well as fails to allege any facts showing that Plaintiff relie...

951 Results

Per page

Pages