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2021.04.15 Demurrer 750
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.15
Excerpt: ...plaint, and for the sake of clarifying the record, the court ordered Plaintiff to separately file the same by the end of the next business day. (ROA 291 [2/4/21 Minute Order].) The court notes that Plaintiff represents in its opposition brief that subsequent to the 2/4/21 hearing, it attempted to file the FAC but the clerk's office rejected the same, stating “First Amended Complaint already filed 3/11/2020.” Plaintiff further represents that ...
2021.03.25 Motion to Set Aside Court's Denial of Motion for Summary Judgment, Adjudication 297
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...edure sections 1008, 437c, and 1170.7. Majid contends that there are new or different facts as follows: (1) establishing that Majid being a party to a contract or transaction is an element for each of the six causes of action; (2) clarifications to the Declaration of Majid Adassi that he did not sign any of the invoices in the Second Amended Complaint (“SAC”) which rebukes the Declarations of Mohamad Odeh and Ashraf Sulaiman for lack of found...
2021.03.25 Motion to Lift Arbitration Stay 057
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...y certain fees and costs before the arbitration can proceed, if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel arbitration under Section 1281.2. “(b) If the drafting party materially breaches the arbitration agreement and is in default under subdivision (...
2021.03.25 Motion for Leave to File Complaint-in-Intervention 059
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...uperior Court (1997) 60 Cal.App.4th 342, 346.) CCP § 387(b) is a compulsory joinder provision which states that a nonparty has the right to intervene in litigation between others where he claims an interest in the property or transaction involved in such litigation, and is so situated that any judgment rendered in his absence “may as a practical matter impair or impede that person's ability to protect that interest ... ” Intervention by an i...
2021.03.25 Motion for Determination of Good Faith Settlement 878
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...in and Ironhorse for indemnification, apportionment of fault, and declaratory relief. On 11/9/20, Andrade filed an application for a determination of a good faith settlement with plaintiff. On 11/25/20, Tarin and Ironhorse cross-complained against Andrade for indemnification, declaratory relief, apportionment of fault, and equitable indemnity. On 12/1/20, this court stated by minute order that any party objecting to the settlement must file an ob...
2021.03.25 Demurrer, Motion to Strike 186
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ... Inc and Orange County Coatings, Inc. (collectively, “Garage Coatings”) failed to comply with Sections 20.7 and 20.8 of the franchise agreement (“Franchise Agreement”), which is attached as Exhibit B of the SACC. It states as follows: “20.7 Prior Notice of Claims. As a condition precedent to commencing an action for a Claim, you must notify us within thirty (30) days after the occurrence of the violation or breach, and failure to timely...
2021.03.25 Application for Right to Attach Order 003
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...er against defendant on 12/1/20. The plaintiff has the burden of proving: that the claim is one on which an attachment may be issued; the probable validity of such claim; and that the attachment is not sought for any purpose other than to secure recovery on the claim. (Code Civ. Proc., §484.090.) Types of claims subject to attachment: A claim upon which an attachment may be issued is a claim (1) for money based upon a contract, express or implie...
2021.03.18 Motion for Summary Judgment 506
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.18
Excerpt: ...) There is no evidence to support Plaintiff's First Cause of Action for “Motor Vehicle” and Count MV-2(d) as against EMMANUEL C. AGUIRRE, JR., and CATHERINE ELIZABETH AGUIRRE; (2) There is no evidence to support Plaintiff's Second Cause of Action for “Negligence”/ “Negligent Entrustment”, as against EMMANUEL C. AGUIRRE, JR., and CATHERINE ELIZABETH AGUIRRE; (3) There is no evidence to support Plaintiff's Third Cause of Action for “N...
2021.03.18 Motion for Attorney Fees 734
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.18
Excerpt: ...ments made in Ellis' anti-SLAPP motion were identical to those made by Defendant, Dana Point Taxpayer's Association (“DPTA”) in its anti-SLAPP motion filed on May 8, 2019, and rejected by the Court on October 3, 2019. Plaintiff also contends that no reasonable person would have expected a different outcome on the issues concerning the defamatory nature of the statements, malice, damages, and fair comment as nothing had changed in the facts or...
2021.03.18 Demurrer 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.18
Excerpt: ...-year/100,000-mile powertrain warranty, which covers the engine and transmission. During the warranty period, the vehicle contained or developed defects related to the engine. The FAC alleges: (1) Violation of Civil Code section 1793.2 (failing to promptly replace or make restitution); (2) Violation of Civil Code section 1793.2 (failed to timely repair); (3) Violation of Civil Code section 1793.2, subdivision (a)(3) (failure to provide sufficient...
2021.03.11 Motion for New Trial 934
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.11
Excerpt: ...g argument, and denying Plaintiff's request to give the jury a special instruction; (3) the jury's award being against the law and not supported by the evidence due to an insufficient damage award; and (4) the jury's award being against the law for the jury's failure to award any non-economic damages despite an award of $3,500 for general damages. Alternatively, in lieu of a new trial, Plaintiff requests an additur for $222,220 for Plaintiff's re...
2021.03.04 Motion to Compel Further Responses 956
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.04
Excerpt: ... 29, 33, 40, 44, 45, 57, 58, 60, from Plaintiff, and awarding monetary sanctions in the amount of $1,704 against Plaintiff and/or Plaintiff's attorney of record, Knight Law Group, LLP. In opposition to both motions, Plaintiff's counsel has filed a declaration indicating Plaintiff's counsel did not properly calendar the due date for Plaintiff's supplemental discovery responses which were due on 10/12/20, due to a calendaring error stemming from wo...
2021.03.04 Motion to Quash Deposition 849
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.04
Excerpt: ...acy right of third parties, as to his former employment records; (2) the Subpoena seeks documents regarding McBride's former employment, that consist of financial, medical, and personnel records, which are wholly irrelevant to the instant action, and not reasonably calculated to lead to the discovery of admissible evidence; (3) the Subpoena is overly broad in scope, oppressive, and harassing. Plaintiff served the Subpoena on Third-Party Servite s...
2021.03.04 Motion to Quash Subpoenas 355
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.04
Excerpt: ...rds, and all writings. Including, but not limited to, all office. emergency room, inpatient, outpatient, hospital charts/records, radiology reports and pathology reports; any and all radiology materials and films, X-rays, MRl's, and CT scans (a complete list of breakdown from your film library must be provided prior to production of requested films); any and all itemized statements of the billing charges, billing records, insurance records, expla...
2021.02.25 Motion to Consolidate Matters 221
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.25
Excerpt: ...or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the action; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Here, Defendant, Silviano Vergara Vences, contends that both cases share common questions of law and fact, in that both actions arise out of the same three-car motor vehic...
2021.02.25 Motion for Interlocutory Judgment 489
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.25
Excerpt: ...E contends that she is entitled to partition of the real property known as 223 E. Avenida Ramona, San Clemente, CA 92672 (APN 690-431-25) “Property”) because it is undisputed that PRICE, on the one hand, and Plaintiffs Marion Bendix Creasman (“CREASMAN”) and David Barker (“BARKER”) (collectively “Plaintiffs”), on the other hand, jointly own an undivided 50% interest in the Property, as tenants in common. Request for Judicial Notic...
2021.02.25 Demurrers 294
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.25
Excerpt: ...ause of Action for Negligence, and Fifth Cause of Action for Unfair Business Practices, Violation of Bus. & Prof. Code § 17200, et seq. of Plaintiff Salvador Ojeda's Complaint for failure to state facts sufficient to constitute causes of action under Code of Civil Procedure section 430.10(e). The Complaint alleges causes of action based on violations of the Homeowners' Bill of Rights (“HBOR”), negligence, and Violation of Business & Professi...
2021.02.25 Demurrer 245
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.25
Excerpt: ...ntiffs have failed to plead their claims for fraud and negligent misrepresentation with the requisite particularity. Defendants also contend that Plaintiffs' cause of action for intentional infliction of emotional distress (“IIED”) fails because: (1) Plaintiff's purported mental ailments as alleged in the SAC do not rise to the level of “severe emotional distress” necessary to establish an IIED claim; (2) Plaintiffs have failed to plead s...
2021.02.11 Motions to Set Aside Ruling 316
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.11
Excerpt: ...ble provision of Code of Civil Procedure section 473(b), as they attempted to serve an opposition, but the opposition was to the wrong defendant, and that the Order deeming the admissions admitted is essentially a terminating sanction. Defendants, Patricia Pacheco (“Pacheco”) and Keith Muraoka contend that Plaintiffs' counsel's failure to respond to Defendant Pacheco's First Set of Requests for Admission for nearly nine months constitutes ine...
2021.02.11 Motion to Substitute Plaintiff, for Leave to Amend Complaint 167
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.11
Excerpt: ...Sun Mar Management Services and Sun Mar Healthcare, Inc. (collectively, “Defendants”) do not oppose Plaintiff's request to substitute Plaintiff. An order substituting the decedent's representative or successor in interest may be obtained “on motion.” (CCP § 377.31.) A successor in interest who seeks to be substituted as plaintiff in place of the decedent must execute and file a declaration in statutory form. (CCP § 377.32.) Plaintiff su...
2021.02.11 Motion to Compel Deposition 849
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.11
Excerpt: ...ion 2016.040 states: “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” Here, in Opposition, Plaintiff contends that Defendants failed to adequately meet and confer prior to filing this Motion because even after Plaintiff's served an Objection to the Deposition Notice and Plaintiff's counsel and the non-party witn...
2021.02.11 Motion for Summary Adjudication 092
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.11
Excerpt: ... not supported by substantial evidence; and/or 2. The first affirmative defense of contributory negligence has no merit because the element of causation is not supported by substantial evidence. Plaintiff's Request for Judicial Notice Plaintiff requests that the Court judicially notice page 41 of the 2018 California Driver Handbook published by the California Department of Motor Vehicles which is attached as Exhibit L to Plaintiff's Evidence in S...
2021.02.11 Motion for New Trial 399
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.11
Excerpt: ...tates, in relevant part, as follows: “A new trial is a re-examination of an issue or fact in the same court after a . . . decision by a . . . court.” A right to a new trial is purely statutory and must be based on grounds set forth in CCP § 657. Plaintiff's notice of intent to move for new trial indicates the following as grounds upon which her motion is based: 1. CCP § 657(1) – Irregularity in the proceedings of the court, jury or advers...
2021.02.04 Application for Preliminary Injunction 092
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.04
Excerpt: ...cting Plaintiffs' access to the “Easement Area”; (2) requiring Defendants to (a) detach the “Fence” from Plaintiffs' home and repair any damage resulting therefrom; and (b) consenting to replacing the Fence with a new fence with an entryway that is adjacent to Plaintiffs' home, and across the Easement Area, that is wholly accessible to Plaintiffs, which Plaintiffs agreed to pay for in its entirety. The burden is on a plaintiff to show all...
2021.02.04 Demurrer 270
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.04
Excerpt: ...session and a withholding thereof from the plaintiff 1st cause of action for Ejectment: The essential elements of a cause of action in ejectment are: “ownership disclosing a right to possession, the defendant's possession and a withholding thereof from the plaintiff.” [Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 675] Here, it appears from the face of the Cross-Complaint, that the cause of action for ejectment is MOOT. In...
2021.02.04 Motion for Relief from Serving Responses 877
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.04
Excerpt: ...e, inadvertence and/or excusable neglect. Plaintiffs, in opposition, contend that Defendant's motion fails because: (1) it is brought under CCP § 473(b), instead of CCP § 2031.300(a), the latter of which specifically governs requests for relief from waiver in connection with untimely RFP responses; (2) Defendant's Motion is untimely because more than eight months elapsed between the time Plaintiffs emailed Defendant about the untimely responses...
2021.02.04 Motion to Set Aside Right to Attach Order, to Quash Writ of Attachment 597
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.04
Excerpt: ... controlled by FDISS, but that it is the personal checking account of Williams. Williams also contends that he is not subject to the Writ of Attachment, and that he never received notice of Plaintiff's Ex Parte Application for Writ of Attachment. Plaintiff, Sami Services Inc. dba Sami-Aid (“Plaintiff”) contends that an individual's personal checking account is subject to attachment, that the evidence establishes the probable validity of Plain...
2021.01.28 Motion for Summary Adjudication 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.28
Excerpt: ... granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.”]) Mojtaba Sean Taat's Evidentiary Objections (ROA 557) Objections 1 – 4 – OVERRULED Merits By the 17th COA, which is alleged by Mojtaba Sean...
2021.01.28 Motion for Leave to File TAC 768
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.28
Excerpt: ...the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” [Morgan v. Sup.Ct. (Morgan) (1959) 172 CA2d 527, 530] Initially, there is no argument whatsoever by Defendant Dr. Phan that Plaintiffs' motion is either untimely or that granting the motion will r...
2021.01.28 Motion for Judgment on the Pleadings 616
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.28
Excerpt: ...to allege any “material” violations of these code sections as required. Civil Code section 2924.12 states, in pertinent part, as follows: “(a)(1) If a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of Section 2923.55, 2923.6, 2923.7, 2924.9, 2924.10, 2924.11, or 2924.17.” Here, the Complaint fails to allege that the violations of Civil Code sections 29323...
2021.01.28 Demurrer 956
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.28
Excerpt: ... unclear whether the demurrer challenges the First Cause of Action for Breach of Express Warranty. The Notice of Demurrer provides that it is being brought against “Plaintiff's second cause of action for breach of express warranty,” (Notice, 1:25), and the Memorandum states that “Defendant HMA brings this demurrer to Plaintiff's Complaint for the following causes of action: (1) second cause of action for breach of implied warranty, (2) thir...
2021.01.21 Motion for Summary Judgment, Adjudication 220
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.21
Excerpt: ...icle. To establish a cause of action for negligent entrustment of a motor vehicle, “the plaintiff must prove all of the following: “1. That [name of driver] was negligent in operating the vehicle; [¶] 2. That [name of defendant] was an owner of the vehicle operated by [name of driver]; [¶] 3. That [name of defendant] knew, or should have known, that [name of driver] was incompetent or unfit to drive the vehicle; [¶] 4. That [name of defend...
2021.01.21 Motion for Relief from Waiver, to be Relieved as Counsel 750
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.21
Excerpt: ... Documents (ROA 157) 2. Special Interrogatories (ROA 144) 3. Requests for Admission (ROA 150) The Discovery Act allows for a party to whom written discovery has been directed to request and be granted relief from waiver of objections if (1) the party has subsequently served a response that is “in substantial compliance” with code, and (2) the party's failure to serve a timely response was “the result of mistake, inadvertence, or excusable n...
2021.01.21 Demurrer 785
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.21
Excerpt: ...he District failed to file a meet and confer declaration with its demurrer, and thus, failed to comply with Code of Civil Procedure section 430.31(a)(3). Defendant is admonished to comply with the rules. Despite the District's failure, the Court addresses the demurrer on the merits. First Cause of Action for Disability Discrimination, Fourth Cause of Action for Gender/Pregnancy/Fertility Discrimination, and Sixth Cause of Action for Retaliation. ...
2021.01.14 Motion for Summary Judgment, Adjudication 223
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.14
Excerpt: ...on. Plaintiff contends that pursuant to Corporations Code §2105, Revenue and Tax Code §23304.1, and other applicable law, the transaction which is the subject of this lawsuit is voidable by this Court, rendering that transaction unenforceable as a matter of law. Defendants Newport Coast, Nils Lommerin and Sourabh Roy (collectively “Defendants”) contend that Newport Coast was not required to register with the Secretary of State because it wa...
2021.01.14 Motion for Summary Judgment 435
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.14
Excerpt: ...�(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness . . . .” Here, Defendant presents evidence that it is not the owner of the dog. Plaintiff does not dispute this. (SSUMF 1 [Tran Decl. ¶¶ 4, 5; SSUMF ...
2021.01.14 Motion to Compel Arbitration 399
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.14
Excerpt: ...CP § 1281.2 states in pertinent part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration ...
2021.01.14 Motion to Expunge Lis Pendens 055
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.14
Excerpt: ...rd, Kevin O'Hara, O'Hara & Greco, William F. Wraith, and Wraith Law, jointly and severally. Defendant contends that plaintiff cannot establish the probable validity of any alleged real property claim because (1) the claims cannot be brought against defendant in her capacity as trustee, or in her individual capacity; (2) there was inadequate valuable consideration for the 50% interest in the subject property; (3) the documents upon which plaintiff...
2020.12.10 Motion for Attorney's Fees 967
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.12.10
Excerpt: ...ants have judgment by default entered against them jointly and severally pursuant to the SAC. The motion is unopposed. Plaintiff initially filed its Motion for Attorney's Fees on 6/9/20 which was set to be heard on 8/27/20, seeking $52,350 and costs in the amount of $4,386.01. On 8/27/20, the Court denied the motion, without prejudice, finding that Plaintiff failed to demonstrate its entitlement to attorney's fees against Defendant IGT LED Lighti...
2020.12.10 Motion for Attorney's Fees 623
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.12.10
Excerpt: ...5 as including attorney's fees that are authorized by contract, statute, or law. (CCP § 1033.5(a)(10)(A), (B), (C).) “When a contract or a statute authorizes the prevailing party to recover attorney fees, that party is entitled to attorney fees incurred at trial and on appeal.” (Douglas E. Barnhart, Inc. v. CMC Fabricators, Inc. (2012) 211 Cal.App.4th 230, 250.) Here, on 6/28/18, Plaintiff filed a request for dismissal. On 10/12/18, the Cour...
2020.12.03 Motion to Strike 870
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.12.03
Excerpt: ...Sharon Jeffrey indicates that she sent a letter to counsel for plaintiffs Desiree Wiles and Presley W., a minor by and through her guardian ad litem, Desiree Wiles (collectively, “Plaintiffs”). Despite this procedural deficiency, the Court will rule on the merits below. (See CCP § 435.5(a)(4).) Item 1: Punitive damages Defendant seeks to strike punitive damages allegations at 9:22-27: “DEFENDANTS' conduct and failure to abate the nuisances...
2020.12.03 Motion to Strike 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.12.03
Excerpt: ...to a special motion to strike under Code of Civil Procedure section 425.16. First, the Court determines whether the defendant has made a prima facie showing that the complaint “arises from” defendant's constitutionally-protected free speech or petition activity. (Code Civ. Proc. §425.16(b); Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 61; Governor Gray Davis Committee v. American Taxpayers Alliance (2002) 102 Cal.Ap...
2020.12.03 Motion to Quash Deposition Subpoena 234
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.12.03
Excerpt: ...rdering the costs of production and review be borne by Defendant. The Subpoena orders UPS to produce the following categories of documents: “All DOCUMENTS pertaining to MR. FREEM, including, but not limited to, his complete personnel file, employment application(s), resume(s), interview notes, records of reference or background checks, attendance records, payroll records, salary and benefit information, disciplinary record, job description(s), ...
2020.11.19 Motion to Compel Arbitration 168
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.11.19
Excerpt: ...d (3) request for monetary sanctions in the amount of $6,000 against Plaintiff and his counsel pursuant to Code of Civil Procedure sections 128.5 and 128.7. Preliminarily, both the Federal Arbitration Act and the California Arbitration Act require the existence of a valid Arbitration Agreement, before arbitration can be compelled. (See 9 U.S.C. §2 and C.C.P. §1281.2). "The petitioner bears the burden of proving the existence of a valid arbitrat...
2020.11.19 Motion for Summary Judgment, Adjudication 297
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.11.19
Excerpt: ...ed individuals, including MAJID, since there is no written agreement guaranteeing payment by any of the individuals. 3. The statue of frauds bars the Plaintiff from recovering against any individual or entity that did not sign or acknowledge an invoice accompanying a purported delivery. 4. MOVING DEFENDANT is entitled to judgment on all six causes of action against Defendant MAJID ADASSI because the CORPORATE VEIL DEFENSE defeats each cause of ac...
2020.11.19 Motion for Stay 445
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.11.19
Excerpt: ...tion agreement that would require Plaintiff to prosecute its claims against him in another forum, i.e., Utah. Thus, the traditional forum non conveniens test applies here. (See Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 661 [“factors that apply generally to a forum non conveniens motion do not control in a case involving a mandatory forum selection clause”].) 1. Traditional Forum Non Conveniens If a court “find...
2020.10.29 Motion to Compel Further Responses 226
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.29
Excerpt: ...ompel–SROG, Set 1–Kurshida Nabi By these motions, Plaintiff moves for an order compelling defendants Debra L. Khandaker, Syed H. Khandaker, Amirul Islam, and Kurshida Nabi (collectively, “Defendants”) to each provide responses, without objections, to Requests for Production of Documents, Set Two (Nos. 20-26) and Special Interrogatories, Set One (Nos. 1-15) (collectively, the “Discovery Requests”) served upon them respectively. The fai...
2020.10.29 Motion to Compel Further Responses 038
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.29
Excerpt: ...d the parties to submit a joint statement at least 9 court days prior to the hearing specifying the special interrogatories that remain at issue, or whether the motion has been resolved and is being withdrawn. In issuing this order, the Court recognized the “recent heightened amount of law and motion practice relating to discovery in this case.” The Court is frankly disappointed by the parties' inability to at least “meet” to discuss thes...
2020.10.22 Motion to Sustain Demurrer 540
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.22
Excerpt: ...�COA”) – Breach of Contract Defendant contends that the first COA is barred by two-year statute of limitations for breach of an oral contract. Defendant also contends that the complaint is ambiguous because it does not expressly allege whether the entire contract is written or oral. As to the entire demurrer, plaintiff generally contends that all facts alleged must be accepted as true, that a general demurrer must be overturned if a cause of ...
2020.10.22 Motion to Strike, to Dismiss 722
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.22
Excerpt: ...o provide discovery.” CCP § 2023.030, subdivision (d), provides, “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: . . . [¶] (d) The court may impose a termi...

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