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2021.09.09 Motion for Determination of Good Faith Settlement 957
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ...Application was filed on June 29, 2021 and served by certified mail, return receipt requested. (See Application, Campo Decl., ¶¶ 6 and 7, Exh. A.) The Clerk of the Court filed and served notice that a Motion for Determination of Good Faith Settlement has been set for 9/9/21. (See ROA 58.) Defendant, Cross-Complainant, and Cross-Defendant Yuna Joo (“JOO”) filed her Opposition to the Application on August 26, 2021. JOO contends that her Oppos...
2021.09.09 Demurrers 711
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ...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. Girardi (2015) 235 Cal.App.4th 721, 733-734.) “The courts interpret discovery in thi...
2021.09.09 Demurrer 185
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: .... The FAC alleges that AmGUARD improperly denied coverage under its “all-risk” policy for alleged lost business income caused by the pandemic and related orders. The FAC alleges the following causes of action: 1. Breach of the implied covenant of good faith and fair dealing (against AmGUARD) 2. Breach of contract (against AmGUARD) 3. Negligence (against Western) The policies providing coverage from 3/30/19 to 3/30/20 and 3/30/20 to 3/30/21 ar...
2021.07.15 Motion for Leave to File FAC 980
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.15
Excerpt: ...tion 17200. Plaintiff dismissed the third cause of action for negligent infliction of emotional distress on 5/25/21. No future events are currently scheduled. The Complaint seeks punitive damages, which Plaintiff acknowledges is improper. She now seeks leave of court to file an amended FAC to claim punitive damages against a medical professional. The motion must be supported by affidavits stating facts sufficient to support a finding that there i...
2021.07.13 Motion to Compel Further Responses 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.13
Excerpt: ...ntend that Plaintiff's responses to Form Interrogatories, Set One (“FROG”), Nos. 9.2 and 17.1 relating to Requests for Admission (“RFA”) Nos. 1-3, 8-21, 73-86, 93-96, 98, and 103-104 are incomplete, evasive, and severely deficient. Specifically, they contend that responses to FROG No. 9.2 and FROG 17.1(d) relating to RFA Nos. 1-3, 8- 21, 73-86, 93-96, and 103-104 improperly refer the Ghaneian Defendants to almost 17,000 pages of documents...
2021.07.08 Motion to Continue Trial 395
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.08
Excerpt: ...deposition of the three parties and of third-party witness Kimberly Nordstrom have not yet occurred and a dispute concerning scheduling of the depositions exists; and (3) the parties are faced with a discovery cut-off date of July 8, 2021 and a motion cut-off date of July 23, 2021 in light of the August 9, 2021 trial date. In Opposition, Plaintiff contends there is no good cause for a continuance of the trial date because all four depositions hav...
2021.07.08 Motion for Summary Judgment, Adjudication 904
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.08
Excerpt: ...sed in Plaintiff's Complaint. Plaintiff filed a verified complaint on 11/15/16 against Defendants relating to a residential foreclosure. Plaintiff alleges the following causes of action: 1. Breach of loan modification; 2. Breach of the implied covenant of good faith and fair dealing; 3. Violation of Civil Code section 2923.6; 4. Violation of Civil Code section 2923.7; 5. Violation of Civil Code section 2924.10; 6. Negligence; and 7. Unfair Busine...
2021.07.08 Motion for Relief from Entries of Default 508
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.08
Excerpt: ...uiz Declaration filed as of the date of the hearing on this Motion. Initially, proofs of services herein were filed on May 7, 2020 indicating the summons, complaint, and statement of damages were served on Defendants United States Karate Organization, Inc. and Joseph Anthony Pagliuso, Jr. [See ROAs, 8, 9] The filing of a proof of service creates a rebuttable presumption that the service was proper. [Floveyor Internat., Ltd. v. Superior Court (199...
2021.07.08 Demurrer 922
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.08
Excerpt: ...m for negligent misrepresentation as the Complaint fails to allege a misrepresentation and does not set forth facts demonstrating reasonable reliance or proximate causation of harm. Gates further contends that Plaintiff claims contractual damages which is recoverable through the other causes of action such that the cause of action is deficient, redundant and improper. Plaintiff Mindi Miller (“Plaintiff”) contends that the negligent misreprese...
2021.07.01 Motion to Compel Arbitration 173
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.01
Excerpt: ... Defendant, by signing an arbitration agreement on February 11, 2019 (the “Agreement”), which encompasses all of Plaintiff's claims in this lawsuit. Defendant also contends that the Federal Arbitration Act (“FAA”) governs the Agreement and that both the FAA and California law require arbitration of Plaintiff's claims as the Agreement is enforceable, and that neither the narrow carve out permitting Defendant to file an action in court for ...
2021.07.01 Motion for Summary Judgment, Adjudication 092
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.01
Excerpt: ...f in a Kaiser Permanente parking lot causing her severe harm. The motion seeks summary judgment, or alternatively, summary adjudication as to the following issues: 1. The cause of action for negligence has no merit because Bourgoyne acted outside the scope of his employment, and therefore, respondeat superior is not applicable. 2. The cause of action for negligent hiring, supervision, and/or retention of employee has no merit because there is no ...
2021.06.24 Motion to Compel Deposition, Production of Docs 899
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.24
Excerpt: ...otion brought under this provision shall: (1) “set forth specific facts showing good cause justifying the production for inspection of any document…described in the deposition notice;” and (2) “be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition …by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” Per CCP �...
2021.06.24 Motion to Quash Deposition Subpoena for Production of Business Records 246
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.24
Excerpt: ... pursuant to Code of Civil Procedure sections 1987.2 and 2023.010. Pursuant to C.C.P. §1987.1(a), upon motion by a party to an action, a Court “may make an order quashing [a] subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court shall declare, including protective orders.” Additionally, “the court may make any other order as may be appropriate to protect the person from unreasonable o...
2021.06.24 Motion to Strike 408
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.24
Excerpt: ... 1990s. In March 2020, he suffered disabilities and medical issues. Defendant knew of his issues since he had suffered other workplace injuries since mid-2017. Defendant stated it was laying him off in March 2020 because of the alleged slowdown caused by the pandemic. He was permanently terminated in September 2020. There was no slowdown and Defendant remained busy. The pandemic was a pretext to lay him off. When he was laid off, he was the secon...
2021.06.17 Motion to Conduct Pre-Trial Discovery of Financial Condition 768
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.17
Excerpt: ...ivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. Such order shall not be considered to be a determination on the merits of the claim or any defense thereto and shall not be given in evidence or referred to at the trial.” As cited by Defendant, in Jabro v. S...
2021.06.17 Motion for Entry of Judgment 616
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.17
Excerpt: ... within the time granted him by the Court pursuant to its February 3, 2021 Minute Order. Whether the FAC Was Timely Filed. On February 3, 2021, the Court granted NATIONSTAR'S motion for judgment on the pleadings with 20-days leave to amend. (See 2/3/21 M.O., ROA 84.) NATIONSTAR contends that Plaintiff's deadline to file the FAC was February 24, 2021 based on the Court's February 3, 2021 Order. In Opposition, Plaintiff contends it had until March ...
2021.06.17 Demurrer 869
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.17
Excerpt: ...on. Moving Defendants contend that the first cause of action does not allege facts showing an inadequate remedy at law, and that specific performance is not allowed where remedies at law, such as monetary damages, are available. They also contend that the fourth cause of action is not pleaded with the requisite specificity as to any misrepresentation and resulting damages. Plaintiffs Alex Paleo (“Paleo”) and Ivan Valdez (“Valdez”) (collec...
2021.06.10 Motion to Dismiss for Improper Venue 349
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...; Neal Decl. ¶ 10.) Paragraph 18 of the Agreement states as follows: 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. “A defendant may enforce a forum-selection clause by bringing a motion pursuant to sections 410.30 and 418.10, the statutes governing forum non conveniens motions, because they are the ones which g...
2021.06.10 Motion to Compel Further Responses 223
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...ponses to (1) Form Interrogatory 15.1 as it relates to the 1st-10th, 12th-13th, 15th-17th, and 19th-25th affirmative defenses, and (2) Form Interrogatory 17.1 as it relates to Requests for Admission 1, 2, 3, 4, 6, 7, 8, 9, 11, 15, 16-19, 21, 24, and 27-77. Form Interrogatory 15.1 Plaintiff fails to respond to subsections (b) and/or (c). To the extent that Plaintiff references other documents and does not summarize the contents of the same so that...
2021.06.10 Motion for Summary Judgment 913
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...ction for Money Had and Received, Fifth Cause of Action for Unjust Enrichment (misnumbered the fourth cause of action in the Complaint), Sixth Cause of Action for Accounting (misnumbered the fifth cause of action), and Seventh Cause of Action for Set Aside of Fraudulent Transfer Under the Uniform Voidable Transactions Act (misnumbered the sixth cause of action) (the “Motions”). Defendants contend that each of Plaintiff's seven causes of actio...
2021.06.10 Motion for Relief from Default, Judgment 637
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...ter, on 3-19-2021, a default judgment was entered as to Defendants HB Auto AC, Inc., and Christopher Ramirez in the amount of $31,750 (ROA 35). Pursuant to CCP §473(b), this Court “may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” However, “It is the ...
2021.06.10 Motion for Leave to File FAC 246
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...ging allegations for DOEs 1-30, should Plaintiffs discover they need to add another party as a DOE. (Jenkins Decl. ¶9; Exhibit "7"). Pursuant to CCP §473(a)(1), this Court may, “in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading…” Additionally, pursuant to CCP §576, “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be p...
2021.06.10 Demurrer 450
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ... Services Agreement” (Complaint, Exh. A). Within 90 days after Defendant placed underwriters as potential, permanent employees with Plaintiff, they left for a competing company. Plaintiff claims Defendant knew the competitor was soliciting certain employees to work for it prior to Defendant placing them with Plaintiff and was substantially certain they would leave Plaintiff to work for the competing company. Meet and Confer: Defense counsel spo...
2021.06.03 Demurrer, Motion to Strike 604
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.03
Excerpt: ...ants Villas Aliento Partners, LP and Western National Securities dba Western National Property Management, the owners and/or management company of the subject property, for: 1. breach of warranty of habitability (Civ. Code, § 1941.1); 2. breach of warranty of habitability (Health & Saf. Code, § 17920.3); 3. breach of warranty of habitability (Civ. Code, § 1942.4); 4. negligence – premises liability; 5. Nuisance; 6. Battery; 7. intentional in...
2021.06.03 Motion for Summary Judgment, Adjudication 442
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.03
Excerpt: ...s.” Therein, it alleges that Defendant became indebted to Plaintiff: (1) “on an open book account for money due”; (2) “on an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff”; (3) “for money lent by plaintiff to defendant at defendant's request”; (4) “for money paid, laid out, and expended to or for defendant at defendant's special instance and req...
2021.06.03 Motion to Strike 473
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.03
Excerpt: ...of good faith and fair dealing; 6. Interference with economic relations; 7. Intentional interference with prospective business relations; 8. Negligent interference with prospective business relations; and 9. Declaratory relief and injunctive relief. On 9/22/20, Kemp cross-complained against AHC and Prasla. On 12/8/20, he filed a First Amended Cross-Complaint (FACC) alleging: 1. Violation of 15 USC Sections 1635 et seq.; 2. Violation of CA Financi...
2021.06.03 Petition for Writ of Mandate 499
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.03
Excerpt: ...etitioner appears to be seeking reinstatement of her position with reasonable accommodations – 45 minute rest breaks with only 15 minutes of work to which Respondent would not agree. Petitioner also alleges she was denied “grievance and discrimination” procedures. Respondent properly demurs to this Petition pursuant to Code of Civil Procedure section 430.10, subds. (e) and (f) for insufficient facts and uncertainty, respectively. (SJJC Avia...
2021.05.27 Motion to Compel Further Responses 866
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.27
Excerpt: ...cl., ¶¶ 12-13, Exhs. H-O.) Arguments: Ton claims that Thuy Nga responded to RFAs that it does not have documents to sufficiently determine the profits and losses from the VStar and New Wave television programs by first stating it had them, then changing the response to state Vietface has them, and then stating it was “informed and believed” that Vietface had them, even though Vietface, under oath, already denied having them. Ton argues the ...
2021.05.27 Motion to Compel Further Responses 637
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.27
Excerpt: ...42, 48-50, 52-54, 56, 58, 60, 64, 68, 70, 71, and 73. Meet and Confer: The parties exchanged multiple correspondences and telephone calls and are now at an impasse. (Castaneda Decl., ¶¶ 18-43.) They have sufficiently met and conferred. Separate Statement: Plaintiff argues the separate statement was not procedurally proper in that it requires the reader to refer to different parts of the document and that it improperly included multiple motions ...
2021.05.20 Motion for Summary Judgment, Adjudication 376
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.20
Excerpt: ...pport of the summary judgment motion. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.” (emphasis added). Nanigans moves, in the alternative, for summary adjudica...
2021.05.20 Motion for Relief from Waiver of Discovery Responses, to Compel Responses, Deposition 209
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.20
Excerpt: ...of sending the entire amount to plaintiff. The Court seriously questions the logic and legal basis of plaintiff's counsel argument that he is entitled to the agreed upon settlement amount without consideration of the lienholder's lien. Nonetheless, as there did not appear to be a meeting of the minds, the Court vacated the judgment on 11/20/20 per Ford's request. Immediately following that ruling, in attempting to play a procedural game of “got...
2021.05.13 Motion to Quash Deposition Subpoenas 866
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.13
Excerpt: ... filed. Given that both subpoenas are identical, the matters may be addressed by this single motion. Timeliness: Code of Civil Procedure section 1985.3, subdivision (g) provides, in pertinent part, that “[a]ny consumer whose personal records are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash o...
2021.05.13 Motion for Summary Adjudication 110
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.13
Excerpt: ...laintiffs. 2. Plaintiffs' third cause of action for violation of the Consumer Legal Remedies Act lacks merit entitling Defendant to summary adjudication as a matter of law because Plaintiffs cannot prove Defendant induced them to buy or enter into a lease, they provided improper notice, and misdirected the notice to a third-party and not to Defendant's principal place of business. 3. Plaintiffs' fourth cause of action for intentional infliction o...
2021.05.13 Motion for Determination of Good Faith Settlement 706
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.13
Excerpt: ...le with one of several joint tortfeasors without releasing the others. 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 f...
2021.05.13 Demurrer 891
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.13
Excerpt: ... 7th causes of action for trade secret misappropriation, intentional interference with prospective economic relations, conversion, unfair competition, and unjust enrichment asserted against Defendant CARRILLO, Defendants demur on the grounds that the alter-ego allegations and agency allegations upon which Plaintiff relies in order to assert liability against her are insufficiently pleaded. Defendants contend the SAC fails to plead the necessary f...
2021.05.06 Demurrer 956
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ...fficient to support a cause of action as Plaintiff fails to allege when the vehicle was out of service for more than 30 days. In general, statutory causes of action must be pleaded with particularity. (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790.) Civil Code section 1793.2 applies to manufacturers of consumer goods sold in the state of California, and sets forth a manufacturer's obligations for goods for which it has made an ...
2021.05.06 Motion to Compel Further Deposition 556
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ... amount of $2,280 for attorney's fees and costs incurred in bringing this motion pursuant to Code of Civil Procedure sections 2023.010 and 2030.300 (the “Motion”). Defendants contend that Plaintiff's witness, his father, Jose Palomera, attended his noticed deposition on August 25, 2020, but that Plaintiff's counsel of record asserted erroneous objections and instructed Plaintiff's witness not to answer, and that although defense counsel attem...
2021.05.06 Motion to Compel Production of Docs 525
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ...s responsive to those demands. 3. Produce all documents responsive to MFH's Requests for Production, Set One Nos. 1, 2, 29-37, seeking OBCI's financial records, consistent with OBCI's statements of compliance. 4. Produce further all documents responsive to the corresponding demands in MFH's Notice of Deposition to OBCI's Person Most Qualified (which contains document requests substantially identical to MFH's Requests for Production) and appear fo...
2021.05.06 Motion to Disqualify Counsel 149
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ... and 1.13. Rassman also contends that Aplin is subject to mandatory disqualification because the Cross-Complaint is a direct and shareholder derivative action on behalf of New Hair Institute Medical Group, a California Professional Corporation and the case involves Aplin's concurrent representation of a corporation and shareholders resulting in a conflict of interest that is nonwaiveable. An opposition was filed by Plaintiffs and Cross-Defendants...
2021.05.06 Motion to Strike, to Tax Costs 934
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ...which extended to claims not at issue in the pending lawsuit and; (2) it was uncertain and not capable of valuation because it required Plaintiff to satisfy “any and all liens” as part of the offer. Whether Defendants' Offer to Compromise Was Invalid. The Offer to Compromise states: “Scott Gray and Lana Thi Gray ("defendants") offer to settle with plaintiff Jana Pierce ("plaintiff") pursuant to the provisions of Section 998 of the Californi...
2021.04.29 Motion to Strike Complaint 450
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ...d States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party movin...
2021.04.29 Motion to Strike 473
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ... United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party...
2021.04.29 Motion to Compel Responses 055
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ...ion is timely as Defendant never served verified responses, and that even assuming the 45-day time frame applied, the parties agreed to extend the deadline for a motion to compel to 2/19/21. Plaintiff also contends that despite good faith meet and confer efforts to which Defendant's counsel did properly engage, Defendant fails to provide proper further responses and that Defendant interposes boilerplate, meritless objections. Plaintiff also conte...
2021.04.29 Motion for Summary Judgment, Adjudication 763
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ...ly no conduct that qualifies as severe or pervasive not any harassing conduct that is related to his actual or perceived disability 2. The Second Cause of Action for Disability Discrimination should be summarily adjudicated in favor of the City because Plaintiff failed to timely exhaust administrative remedies, he failed to produce prima facie evidence of discriminatory motive, and because the City can show legitimate, non-discriminatory reasons ...
2021.04.29 Demurrer, Motion to Strike 153
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ...e case (i.e., Eldercare is Doe 1). The Elder Abuse and Dependent Adult Civil Protection Act, codified at Welfare & Institutions Code §§ 15600, et seq., makes certain enhanced remedies available to a plaintiff who proves abuse of an elder, i.e., a “person residing in this state, 65 years of age or older.” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 404.) The elements of a claim for physical elder abuse are: (1...
2021.04.22 Motion to Strike Punitive Damages 168
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.22
Excerpt: ...ce that the defendant has been guilty of fraud, oppression or malice, punitive damages may be recovered. Driving while intoxicated is not enough to support allegations of punitive damages, but driving in a way which enhances an appreciable risk to others may warrant those damages. (See Taylor v. Superior Court (1979) 24 Cal.3d 890 [punitive damages allegations supported where defendant was a long time alcoholic with a record of arrests and convic...
2021.04.22 Demurrer 473
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.22
Excerpt: ...er tests the pleading alone and not the evidence or other extrinsic matters which do not appear on the face of the pleading or cannot be properly inferred from the factual allegations of the complaint.” (Exec. Landscape Corp. v. San Vicente Country Villas IV Assn. (1983) 145 Cal. App. 3d 496, 499.) This principle means that if the pleading sufficiently states a cause of action the demurrer cannot be granted on the basis of a showing of extrinsi...
2021.04.22 Demurrer 265
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.22
Excerpt: ...ents of principal and interest of $10,607.92 each, and one final principal and interest payment of $108,595.70. The note is attached 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. In the demurrer, defendant argues plaintiff is barred from suing on...
2021.04.15 Motion to Transfer Venue 508
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.15
Excerpt: ...n Eureka, California, on the grounds venue is not proper in this county because none of the Defendants reside in Orange County. Because the two motions seek the same relief and are essentially identical, the Court will analyze both Motions simultaneously below. Code of Civil Procedure section 395 states in pertinent part as follows: “(a) Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings...
2021.04.15 Motion for Protective Order 057
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.15
Excerpt: ...es, (3) displaying a lack of decorum and civility at depositions, (4) refusing to stipulate regarding production of witnesses at time of trial, and (5) refusing to produce documents reviewed in preparation for deposition contrary to the California Evidence Code section 771, and the California Code of Civil Procedures. Based on such conduct, Plaintiff moves the Court to order a discovery referee at cost to Defendants pursuant to C.C.P. section 639...

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