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 100,100
Array
(
)
2024.02.01 Demurrer 093
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Excerpt: ...Inßiction of Emotional Distress. In OCSC Case No. 23-01321684, styled Lucy Pham Le v. Jin Xiong Liu, et al., Ms. Le asserts a single cause of action for Partition. Both cases are directed at disputes regarding the same property located at 12232 Circula Panorama, Santa Ana, CA. Pursuant to CCP §430.10(c), a defendant may bring a special demurrer to a pleading on the basis “[t]here is another action pending between the same parties on the same ...
2024.01.18 Motion to Dismiss 750
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Excerpt: ...e of Summons filed on June 14, 2023, by Cross-complainants reflects service of the summons and Cross-complaint on Wonderland Nevada's registered agent for service of process on May 31, 2023, which is over the three-year maximum time limitation from the filing of the Cross-complaint on November 14, 2019, for the service of summons and complaint under Code of Civil Procedure secton 583.210(a). Wonderland Nevada also contends that none of the condit...
2024.01.18 Motion for Summary Adjudication 217
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Excerpt: ...(1) conversion and (2) unjust enrichment. l. SECOND, THIRD, AND FOURTH CAUSES OF ACTION IN THE COMPLAINT Defendant/cross-complainant moves for summary adjudication as to the second cause of action for meal period violations, third cause of action for rest period violations, and fourth cause of achon for pay stub violations in the operative Complaint. As established in the first, second, and third issues presented in Defendant/crosscomplainant's s...
2024.01.18 Motion for Attorney Fees 149
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Excerpt: ... amount is based on the lodestar value totaling $999,200, and a requested adjustment of the lodestar through the imposition of a multiplier of 1.25. plaintiff/Cross-Defendant Jae Pak ("Pak") contends that the motion should be denied outright in its entirety, or alternatively, that the hours claimed should be apportioned and that the Court should award no more than 500 hours, or 25% of the total hours claimed for the employment FEHA harassment cla...
2024.01.18 Demurrer 749
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Excerpt: ...e S 452(d).) This action was filed by Plaintiff Cottons Investment Group, LLC against SCE for fire damage caused to Plaintiff's commercial property. Plaintiff alleges that SCE started the fire that caused the damage. In a separate action against Rancho Mesa, Plaintiff alleges that Rancho Mesa, acting as an insurance broker, failed to properly procure the property insurance policy requested. (RJN, Ex. A, 7, 17- 18.) SCE's Cross-complaint asserts c...
2024.01.18 Motion to Strike 150
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Excerpt: ... upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading." In this instance, Defendant Westport Construction Inc. seeks to strike out the prayer for consequential damages in Plaintiff's Complaint, arguing that the subject contract, which is attached to the FAC contains a waiver of consequential damages (see Secti...
2024.01.11 Motion to Continue Trial 317
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.11
Excerpt: ...iscovery has not been completed and cannot be completed on the newly added parties before the current trial date of 01/29/24. Plaintiff also contends that additional factors favor a contnuance including the following: the proximity of the current trial date; no prior requests for a contnuance made by any party; no reasonable alternative solution to ensure judicial economy; prejudice to Plaintiff if it is not allowed this continuance and an Page 8...
2024.01.11 Demurrer 979
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.11
Excerpt: ...the original Complaint on the same grounds asserted here. The Court held that the Complaint failed to allege any alter ego theory of liability against Abboud and that the fifth and sixth causes of action failed because the allegations showed nothing more than the failure to perform a contractual obligation. (ROA 29.) Plaintiff was granted 20 days leave to amend and timely filed the FAC on August 30, 2023. (ROA 33.) Defendants now raise the same a...
2024.01.11 Demurrer 353
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.11
Excerpt: ... Code of Civil Procedure section 430.41, subdivision (a) requires that prior to filing a demurrer, "the demurring party .... meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer ... ." Similarly, prior to filing a motion to strike, "the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike ... ." (Code Civ. P...
2023.12.14 Motion for Summary Judgment, Adjudication 848
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.14
Excerpt: ...d/or adjudication, Defendant presents these three issues: 1. Plaintiffs first, second, third, fourth and thirteenth causes of achon on agreement #1, cannot be collected against defendant Racheal Soriano as plaintiff cannot establish that defendant Racheal Soriano is responsible for this debt under an alter ego theory of liability, as the debt belongs to the corporation, and there is no evidence of fraud or other existence or incorporation of the ...
2023.12.14 Motion for Attorney Fees 032
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.14
Excerpt: ...LD and BETTY J. LITTLEFIELD, as Trustees of the Richard W and Betty J. Littlefield Trust of 1996. Procedural History of Case: On 12/1/21 Plaintiffs filed this achon for declaratory relief seeking a declaration that the Page 6 of 17 forged promissory note and deed of trust were valid and enforceable against Defendants. On 2/8/22, Defendants answered and filed a cross-complaint for quiet title and cancellation of the forged promissory note and deed...
2023.12.14 Demurrer 591
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.14
Excerpt: ...ducate for failure to state facts suffcient to state a cause of action. Rossmoor contends that it was not until more than 20 years after the alleged abuse occurred, and that because it did not exist or have employees in 1980, Plaintiff has failed to state any claim against it and the demurrer should be sustained without leave to amend. Plaintiff contends that Rossmoor existed at the time of the abuse; that it was established in 1962 at 4161 Green...
2023.12.07 Motion for Summary Judgment 878
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.07
Excerpt: ...er burden of showing there is no defense to a cause of action if they have proved each element of that cause of action. (ld., S 437c(p)(1).) The burden then shifts to the defendant to raise a triable issue of one or more material facts as to the cause of action or a defense thereto by setting forth specific facts showing that a triable issue of material fact exists. (Ibid.) Plaintiff's undisputed evidence establishes that on December 14, 2017, Ha...
2023.12.07 Motion to Compel Further Responses 270
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.07
Excerpt: ...ories, Set Two ("SPROG 2"), Nos. 71, 72, 75, 76, 79, 80, 83- 87 within 10 days of the hearing on the motion, and imposing $1,635 against Plaintiff. Pacific Expressway contends that Plaintiff served untimely responses to FROG 2 and SPROG 2 such that objections are waived, and that Plaintiff failed to answer the entirety of FROG 2, No. 17.1. Pacific Expressway also contends that it sent a meet and confer to Plaintiff's counsel before filing the ins...
2023.12.07 Motion to Compel Deposition 807
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.07
Excerpt: ...or transferring Plaintiff based on the email chain produced in Exhibit D. In opposition, Defendant argues that the Motion is procedurally deficient and Newman is an apex witness not subject to deposition pursuant to Page 10 of 28 the holding in Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282. "[W]e hold that when a plaintiff seeks to depose a corporate president or other official at the highest level of corporate management, ...
2023.12.07 Motion to Strike
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.07
Excerpt: ...of default); Page 12 of 28 4. Paragraph 2.h in its entirety (re willful and fraudulent actions); 5. Paragraph 2.i. in fts entirety (re willful and fraudulent actions); 5. Paragraph 2.3. in its entirety (regarding alleged concealment of Right to Redemption); 7. Paragraph 2.k. in its entirety (regarding redemption period); 8. Paragraph 2.1. in its entirety (regarding willful and fraudulent actions); 9. Paragraph 2.m. in its entirety (re redemption ...
2023.11.30 Petition to Deem Proposed Amendments Approved 147
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ...16 of 42 than 50 percent of the votes in the association, to vote in favor of the amendment, the association, or any member, may petition the superior court of the county in which the common interest development is located for an order reducing the percentage of the affirmative votes necessary for such an amendment." (Civ. Code, S 4275(a).) The Court may grant the petition if it finds all of the following: "(1) The petitioner has given not less t...
2023.11.30 Motion for Summary Judgment, Adjudication 807
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ...suant to FEHA against United Parcel Service General Services Co., (3) retaliation pursuant to FEHA against United Parcel Service General Services Co., (4) wrongful failure to promote in violation of public policy against United Parcel Service General Services Co., (5) retaliation pursuant to Labor Code section 1102.5 against United Parcel Service General Services Co., and (5) failure to prevent discrimination and retaliation against United Parcel...
2023.11.30 Motion for Summary Judgment 258
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ...tion in TPG's Second Amended Complaint. 5th Cause of Acton As to the 5th Cause of Action for Intentional Interference with Contract, Defendants advance two arguments. As to the first argument, Defendants contend that they did not intend to induce a breach of the Joint Venture Agreement ("JVA"). In particular, Defendants contend that they did not have sufficient knowledge of the terms of the contract and rely on Winchester Mystery House, LLC v. Gl...
2023.11.30 Motion for Monetary Sanctions 699
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ... another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause Page 13 of 42 unnecessary delay." Such "actions or tactics" include the filing and service of a complaint. (CCP under this statute "frivolous" means "totally and completely without merit or for the sole purpose of harassing an opposing party." (CCP S128.5(b)(2).) under CCP S 128.7(b), an attorney signing or filing a motion certifies...
2023.11.30 Motion for Monetary Sanctions 692
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ... actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay." Such "actions or tactics" include the filing and service of a complaint. Page 10 of 42 (CCP Under this statute "friwlous" means "totally and completely without merit or for the sole purpose of harassing an opposing party." (CCP Under CCP S 128.7(b), an attorney signing or filing a motion certifies "that to the best of the person's knowledge,...
2023.11.30 Motion for Entry of Judgment 135
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ... include a finding that Keller and are jointly and severally liable in the amount of $9,239.68 (the amount of the arbitration award) plus costs in the amount of $1,296.75; and that 1- 800-Battery is also liable for an additional $38,641.50 plus prejudgment interest and attorneys fees in the amounts of $25,518.40 and respectively. As a preliminary matter, the court declines to consider the late opposition filed by because 1-8W is not entitled to t...
2023.11.30 Demurrer, Motion to Strike 319
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ...e sections 451(a), 452(c) and (h), and 453: 1. A copy of the California Department of Insurance ("CDI") license information for Defendant Bele Nguyen retrieved from the CDI's website, accessed on July 1, 2023. 2. The CDI issued to license OC54331 to Bele Thi Nguyen. 3. Bele Thi Nguyen maintains a current property license with the CDI. 4. Bele Thi Nguyen has an authorized agent of State Farm General Insurance Company for property and casualty as o...
2023.11.30 Demurrer 161
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ...pliance, the governmental entity can request the court to take judicial notice under Evidence Code section 452, subdivision (c) that the entity's records do not show compliance." (Gong v. City Page 20 of 42 of Rosemead (2014) 226 Cal.App.4th 353, 375.) Similarly, a court may take judicial notice that public records do not contain a claim, where a "[government] employee familiar with the records...searched the records and so declared." (Fowler v. ...
2023.11.16 Motion for Right to Attach Order and Writ of Attachment 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ... Company; Blue Shield of California; Cigna Healthcare of California, Inc.; Humana Health Plan of California, Inc.; and United Healthcare of California to secure $ü311.93, including estimated costs of and estimated allowable attorney fees of $12,Cü3. Plaintiff asserts that it executed an Offce Lease Agreement with Defendant on or about April 30, 2015 (the "Agreement"); that Plaintiff has fully performed all obligations required of it Page 16 of ...
2023.11.16 Demurrer 880
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ...tion. (CIV-140) However, moving party herein is St. Judge Medical Group, not St. Judge Medical Center. As such, it is unclear if moving party has complied with CCP 5430.41. However, given there is no objection to the meet and confer, this appears to be an error, and the Court will proceed to the merits. This case involves Defendants' alleged negligence in the care and treatment of Plaintiff CATHERINE TAFOLLA while giving birth to decedent GIANNA ...
2023.11.16 Motion for Preliminary Injunction 191
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ...orm, and all tangible property like computers, laptops, printers, scanners, and the like ("Nymox Property"). 2. Orders and compels Defendants to: a. turn over to Nymox any and all Nymox Information and Nymox Property in Defendants' possession, custody, or control; b. remove any and all Nymox Information and Nymox Property from CRNSV's website at www.crnsv.com, and any other publicly available forum; and c. refrain from filing any Nymox Informatio...
2023.11.16 Motion to Deem RFAs Admitted, for Monetary Sanctions 627
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ...s for admission are directed fails to serve a timely response, the party waives any objection to the requests. The requesting party may also move for an order that the genuineness of documents and the truth of any matters s#cified in the Page 26 of 35 requests be deemed admitted. Civ. Proc. S 2033.280(a)-(b).) The court shall deem the matters admitted "unless it finds that the party to whom the requests for admission have been directed has served...
2023.11.16 Motion for Summary Judgment 581
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ...tion has no merit or that there is no defense to the action or proceeding." (Code Civ. Proc., S "The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth...
2023.11.16 Motion to Disqualify Counsel 692
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ...er persons connected with its proceedings in furtherance of Page 10 of 35 justice. Disqualification may be ordered as a prophylactic measure against a prospective ethical violation likely to have a substantial continuing effect on future proceedings." (Doe v. Yim (2020) 55 Cal.App.5th 573, 581 (citations omitted).) Plaintiff's motion is made on the grounds that CF's representation of Defendants in these related actions violates California Rules o...
2023.11.16 Motion to Compel Arbitration 369
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ...ufacturer under the d'Ntrine of equitable estoppel. More recently, Div. 8 of the Second District in Ford Motor Warranty Cases v. Ford Motor Co. (2023) 89 Cal.App.5th 1324 (rev. granted 7/19/2023) and Div. 7 of the Second District Montemapr v. Ford Motor Co. (2023) 92 Cal.App.5th 958, 310 Cal.Rptr.3d 82 (June 25, 2023) disagreed with the reasoning in Felisilda and concluded that the manufacturer was not entitled to enforce the arbitration agreemen...
2023.11.09 Motion to Strike or Tax Costs 473
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
Excerpt: ... for electronic filing or service" in the sum of $2,659.00 on the grounds that the amount is excessive and does not reflect the actual cost of filing fees or service on Defendant; and (3) Item Number 16, "Other" in the sum of $3,951.90 on the grounds that there is no itemization or explanation of the amount. Defendant also moves to reduce: (1) Item Number 5, "Service of process" from sum of $3,347.83 to $300 on the grounds that the amount is exce...
2023.11.09 Motion to Compel Further Deposition of PMK, for Monetary Sanctions 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
Excerpt: ...notice, a party to the action or an offcer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with ft, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the n...
2023.11.09 Demurrer to FAC 644
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
Excerpt: ...ngBeverly Act, and there are no facts that would support a demand for punitive damages. Specificity Fraud generally must be pleaded in the complaint specifically. General and conclusory allegations are not sufficient. Page 8 of 39 (Nagy v. Nagy (1989) 210 Cal.App.3d 1262, 1268.) However, a lower level of specificity is required in cases involving nondisclosure. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal....
2023.11.09 Demurrer 671
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
Excerpt: ... action and allegations of personnel management alone are insufficient to state a cause of action. Defendants cite to Janken v. GM Hughes Elec. (1996) 46 Cal.App.5th 55, 54-65 as legal authority. In Opposition, Plaintiff contends that the Court previously found a viable claim could be pleaded based on Plaintiff's protected status alleged; that the SAC pleads that Plaintiff went on medical leave on 4/23/2020, returned, and then Defendant LEANO's c...
2023.11.09 Application for Right to Attach Order and Writ of Attachment 100
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
Excerpt: ...parent LinkedIn filed is judicially noticeable. Moreover, a LinkedIn profile that Plaintiff pulled from the interest does not appear to a matter that is reasonably beyond dispute and therefore judicially noticeable. (Evid. Code, SS 451-453; Tenet Healthsystem Inc. v. Blue Cross of California (2015) 245 Cal.App.4th 821, 835.) Likewise, even the court took judicial notice of the dtNument, the truth of the statements contained in the document and th...
2023.11.02 Motions to Strike 001
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.02
Excerpt: ...thstanding that the First Cause of Acton is brought only against Lockett & Horwitz. Defendants move for an order striking the follow-ng portions of Plaintiff's Complaint: 1. The entre Complaint; 2. The entire First Cause of Action; 3. The entire Second Cause of Acton; 4. Paragraphs 11; 12; 18; 21-24; 35, lines 7-8; 39, lines 15-16; 40, lines 20-23; 42, lines 4-11; 58; 59, lines 14-15; 50; 64-70; Prayer, Paragraphs 4 and 4. Defendants argue that t...
2023.11.02 Motion for Summary Judgment, Adjudication 644
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.02
Excerpt: ...rth, Fifth, Sixth, Seventh, and Eighth Causes of Action of Plaintiff's Second Amended Complaint based on the following issues: • Issue 1. Plaintiff Has Not Produced, And Cannot In The Future Produce, Evidence Of Exposure To Indoor Mold Or Asbestos That Exceeds Outdoor Mold Or Asbestos Sufficient To Support Any Cause Of Acton • Issue 2. Plaintiff Has Not Produced, And Cannot In The Future Produce, Evidence Of Exposure To Levels Of Mold Or Asbe...
2023.10.26 Motion for Summary Judgment, Adjudication 546
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
Excerpt: ... Indemnity; (4) Breach of Contract; (5) Declaratory Relief Re: Duty to Indemnify; (6) Declaratory Relief Re: Duty to Defend; and (7) Declaratory Relief Re: Failure to Maintain Insurance as follows, pursuant to the Notice of Motion: 1. CRH's First Cause of Action for Equitable Indemnity and Second Cause of Acton for Contribution fail because there is no evidence that Winnelson had independent fault for the subject incident. 2. CRH's Third Cause of...
2023.10.26 Motion for Judgment on the Pleadings 652
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
Excerpt: ...d every allegation set forth in the First Amended Complaint pursuant to Code of Civil Prmædure, section 431.30, subdivision (d)." (See ROA 53, Answer.) Defendant's Answer also alleges one defense: "[t]he Complaint fails to state facts sufficient to constitute a cause of action against the Defendant." (Ibid.) The operative First Amended Complaint contains one cause of action: violations of the California Constitution Article l, SS 7 and 19. The F...
2023.10.26 Motion to Compel Responses 480
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
Excerpt: ...sponses to interrogatories waives any objection to the requested discovery. (Code Civ. Proc., S 2030.290, subd. The party propounding the interrogatories may move for an order compelling responses to the discovery. (Code Civ. Proc., S 2030.290, subd. (bj.) "Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45—day time limit, and the propounding party does not have to demonstrate either good cause or t...
2023.10.26 Motion to Compel Arbitration 507
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
Excerpt: ...ed, Inc. ("KI"), based on theories of agency and estoppel. Agency Page 49 of 51 With regard to the agency theory, the Outlier Defendants argue that Plaintiff has clearly alleged agency in paragraph 11 of the FAC and that no other facts are specifically alleged against them. They argue that because the only facts Plaintiff has alleged to include the Outlier Defendants are the allegations of agency, those allegations cannot be ignored— they eithe...
2023.10.26 Motion to Strike 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
Excerpt: ...e words "willfully and intentionally"); Paragraph 44, line 27 (the word "willful"); Paragraph 50, line 9 (the word "abhorrent"); Paragraph 62, line 25 (the word "willfully"); Paragraph 98, line 20 (the word "intentional"); Paragraph 109, lines 4 (the words "reckless and willful"); Paragraph 127, lines 16-17 (the phrase, "Because they did not act at all to maintain the Tree, it cannot be said that Anaheim Hills orthe Anaheim Hills Board acted in f...
2023.10.19 Motion to Stay Action, for Judgment on the Pleadings 699
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.19
Excerpt: ...e same cause of action." Defendants contend that abatement is a matter of right when final judgment in the first action would bar the second action under the doctrine of res judicata or have a preclusive effect on a material issue. Leaving aside that the statute expressly specifies that the argument is to be made by demurrer or answer (thereby severely limiting the material that the court can consider), Defendants do not meet the requirements for...
2023.10.19 Motion to Stay Action, for Judgment on the Pleadings 692
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.19
Excerpt: ...tion." Defendants contend that abatement is a matter of right when final judgment in the first acton would bar the second action under the doctrine of res judicata or have a preclusive effect on a material issue. Leaving aside that the statute expressly specifies that the argument is to be made by demurrer or answer (thereby severely limiting the material that the court can consider), Defendants do not meet the requirements for a mandatory plea i...
2023.10.19 Motion to Compel Arbitration 347
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.19
Excerpt: ...on February 1, 2021, Cross-complainants signed a "Voluntary Mutual Agreement to Arbitrate Claims" whereby Cross-complainants agreed to arbitrate employment related claims, and that Cross-complainants' claims for age discrimination, failure to effect reasonable accommodation, breach of partly oral and Page 4 of 23 partly implied contract, and associational discrimination alleged in their Cross-complaint fall within the scope of the Arbitration Agr...
2023.10.19 Motion for Summary Adjudication 828
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.19
Excerpt: ...yer at the time of her termination or the alleged retaliation against her and thus, not liable as to the first, second, third, and fifth causes of action; and (3) AVIM is not liable to Plaintiff because AVIM was no longer a party to the contract at the time of the alleged breach and thus the fourth cause of action fails. The motion and moving papers were filed on 7/27/2023. (AVIM/CFPH-Cl's MSA; ROA 67, 58, 69, 70). Defendant Compassion-First Pet ...
2023.10.12 Petitioner to Appoint Receiver 936
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.12
Excerpt: ... Code section 17980.7(c). "If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Cuie relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part, or any provision in a local ordinance that is similar to a provision in this part, and the violations are so extensive and of such a nature that the ...
2023.10.12 Demurrer to SAC 123
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.12
Excerpt: ...v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th 336, 343—344 for the proposition that: " 'Generally, after an amended pleading has filed, courts will disregard the original pleading. [Citation.] [91 However, an exception to this rule is found where an amended complaint attempts to avoid defects set forth in a prior complaint by ignoring them. The court may examine the prior complaint to ascertain whether the amended complaint is merely a ...
2023.10.05 Demurrer 310
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.05
Excerpt: ...cessarily timed barred and not that it may be time-barred. In Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403, the court explained that: "A demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily, barred. (Citation omitted) In order for the bar of the statute of limitations to be raised by demurrer, the defect must clearly and affirmatively appear on the face of the complaint; i...
2023.10.05 Motion to Compel Further Responses, for Sanctions 692
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.05
Excerpt: ...ron Allen to Request for Admission, Set Two, Nos. 28-35 plus $19,875 in sanctions, ROA 56; (4) Motion to Compel Further Responses by Plaintiff Byron Allen to Form Interrogatories, Set Two, No. 17.1 plus $19,875 in sanctions, ROA 65. The court notes that the replies request $9,875 in sanctions. The parties agree that the meet and confer efforts were sufficient and that the Motions were timely filed based on the parties Page 11 of 13 agreements dur...
2023.10.05 Motion to Compel Responses, for Sanctions, to Deem RFAs Admitted 942
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.05
Excerpt: ...m Requests for Admission, Set One propounded on Defendant/Cross-Defendant John Andraos Admi©ed, plus $860 in sancŸons, and (4) MoŸon to Deem Requests for Admission, Set One propounded on Defendant/Cross-Defendant Golden Foods Admi©ed, LLC plus $860 in sancŸons. Neither Defendant/Cross-Defendant John Andraos nor Defendant/Cross-Defendant Golden Foods, LLC opposed the MoŸons. MoŸons to Compel Responses to Form Interrogatories Pursuant...
2023.09.28 Motion for Terminating Sanctions 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.28
Excerpt: ...ed at a default prove-up hearing; or, in the alternative (b) a fourth order compelling Hyundai to comply with the Court's March 18, 2021, April 22, 2022, and April 6, 2023 Orders and for prospective sanctions of $1000 per day for each day that Hyundai does not comply. Plaintiff brings this Motion is made pursuant to California Code of Civil Procedure Sections 128(a)(4) and 2023.030(d)(1) & (4). Code Civ. Proc. provides, "Every court shall have th...
2023.09.28 Motion to Compel Arbitration 638
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.28
Excerpt: ...a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that 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." (Code Civ. Proc., S 1281.2.) Pursuant to Code of Civil Procedure section 1281.6: "If the arbitration agreement provides a method of appointing an arbitrator, that method sh...
2023.09.28 Motion to Compel Arbitration 322
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.28
Excerpt: ...arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute. (b) Determination of applicability—An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and t...
2023.09.14 Motion to Compel Responses, for Monetary Sanctions 212
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.14
Excerpt: ...and her counsel of record in the sum of $1,078. Defendant Tran also moves for an order deeming the truth of all matters specified in Request for Admissions, Set Two, Nos. 29 through 42, and awarding monetary sanctions against Plaintiff and her counsel of record in the sum of $1,078. Defendant Tran contends that the foregoing discovery was served on Plaintiff and that Plaintiff did not serve responses, necessitating these motions to compel and sup...
2023.09.14 Motion for Summary Adjudication 691
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.14
Excerpt: ...ker List which constitutes trade secrets. Sprout is not represented by counsel, and the motion is unopposed. "A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment." (Code Civ. Proc. S 437c(f)(2).) A party may move for summary adjudication as to one or more causes of action within an action, one or more affrmatve d...
2023.09.14 Motion for Attorney Fees 374
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.14
Excerpt: ... $27,810.47. The Motion is GRANTED as to the stipulated costs in the amount of $27,810.47. Otherwise, the Motion is DENIED. A. The Motion is Timely The motion for fees "must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case or under rules 8.822 and 8.823 in a limited civil case." (Cal. Rules of Court, rule 3.1702, subd. (b).) Pursuant to California Rules of Court, rule 8.104(a...
2023.09.14 Demurrer 446
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.14
Excerpt: ... been quoted verbatim. A demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty existing in the allegations actually made. (People v. Lim (1941) 18 Cal.2d 872, 883.) "A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under mtxlern discovery procedures." (Khouryv. Maly...
2023.09.14 Motion to Set Aside Dismissal 777
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.14
Excerpt: ... within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken." (CINIe Civ. Proc., S 473(b).) Because this Motion was filed more than six months after the dismissal, secton 473(b) does not apply. Aside from the authority set forth in section 473(b), every court has the power to "amend and control its process and orders so as to make them conform to law and justice." (Code Civ. Proc., S 1...
2023.09.07 Demurrer 123
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.07
Excerpt: ...n v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th 336, 343— 344 for the proposition that: " 'Generally, after an amended pleading has been filed, courts will disregard the original pleading. [Citation.] [Y] However, an exception to this rule is found where an amended complaint attempts to avoid defects set forth in a prior complaint by ignoring them. The court may examine the prior complaint to ascertain whether the amended complaint is m...
2023.09.07 Motion for Protective Order 723
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.07
Excerpt: ...ff contends that he is an elderly 81-year-old senior, and is in fear of his body and life from Defendants and their potential physical, violent threats and retaliation against him and his property for this lawsuit, the FBI investigation, and the criminal indictment filing in the United States District Court. Plaintiff also contends that requiring Plaintiff to submit to separate depositions in the civil and criminal actions would subject Plaintiff...
2023.09.07 Motion for Summary Adjudication 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.07
Excerpt: ...ntends that there is no merit to the Second Cause of Acton for Violation of Civil Code section 1793.2(b) because the undisputed facts show no single visit lasted longer than 30 days as required under Civil Code secton 1793.2(b); that Plaintiff has failed to provide any evidence, and no evidence exists, that any visit lasted longer than 30 days or that any repair to the subject vehicle was not initiated promptly; and that Plaintiff has failed to p...
2023.09.07 Motion to Compel Arbitration 457
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.07
Excerpt: ...turer under the doctrine of equitable estop#l. More recently, Div. 8 of the Second District in Ford Motor Warranty Cases v. Ford Motor Co. (2023) 89 Cal.App.5th 1324 (rev. granted 7/19/2023) and Div. 7 of the Second District Montemayor v. Ford Motor Co. (2023) 92 Cal.App.5th 958, 310 Cal.Rptr.3d 82 (June 26, 2023) disagreed with the reasoning in Felisilda and concluded that the manufacturer was not entitled to enforce the arbitration agreement. W...
2023.09.07 Motion to Compel Responses, for Monetary Sanctions 661
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.09.07
Excerpt: ...atories General (Set One), all within 10 calendar days of the hearing of the motion, as well as for an order awarding monetary sanctions Page 19 of 40 in the amount of $ 2,963.15 against Horizon and its counsel of record, Fred Hayes and Rogers, MacLeith & Stolp, LLP, jointly and severally, for each of the two motions, as well as monetary sanctions in the same amount against Besnos and his counsel of record for one of the motions. Plaintiff Beznos...
2023.08.31 Motion to Compel Responses, for Monetary Sanctions 661
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.31
Excerpt: ... and severally pay monetary sanctions in the amount of $2,963.15. Plaintiff also moves for an order deeming admitted Plaintiff's Requests for Admission, Set One to Horizon and an order that Horizon and its counsel of record Fred Hayes and Rogers, MacLeith & Stolp, LLP jointly and severally pay monetary sanctions in the amount of $2,963.15. Lastly, Plaintiff moves for an order deeming admitted Plaintiff's Requests for Admission, Set One to Defenda...
2023.08.31 Motion to Compel Arbitration and Stay Action 387
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.31
Excerpt: ...e FAA provides that a “written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, the refusal to perform the whole or any part thereof . . . shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (9 U.S.C. § 2.) “The ‘principal purpose' of th...
2023.08.31 Motion to Compel Arbitration 719
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.31
Excerpt: ...er under the doctrine of equitable estoppel. More recently, Div. 8 of the Second District in Ford Motor Warranty Cases v. Ford Motor Co. (2023) 89 Cal.App.5th 1324 (rev. granted 7/19/2023) and Div. 7 of the Second District in Montemayor v. Ford Motor Co. (2023) 92 Cal.App.5th 958, 310 Cal.Rptr. 3d 82 (June 26, 2023) disagreed with the reasoning in Felisilda and concluded that the manufacturer was not entitled to enforce the arbitration agreement....
2023.08.31 Motion to Compel Arbitration 540
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.31
Excerpt: ...very v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59-60.) “If a party to a civil action asks the court to compel arbitration of [a] pending claim, the court must determine in a summary proceeding whether an ‘agreement to arbitrate the controversy exists.' [Citations] ‘Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by ...
2023.08.31 Demurrer to FAC 371
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.31
Excerpt: ...alleges that he was Defendants' employee and therefore was not required to hold a valid contractor's license to recover under the contract. Plaintiff claims that he is an employee pursuant to Labor Code section 2750.5, which “provides in relevant part that a person performing an activity requiring a contractors' license “shall hold a valid contractors' license as a condition of having independent contractor status.” (Fillmore v. Irvine (198...
2023.08.31 Motion to Stay and Consolidate Unlimited Civil Case 871
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.31
Excerpt: ...y the unlawful detainer action pending the outcome of this Unlimited Action. (ROA 86, 89.) After oral argument, the Court permitted the parties to file simultaneous briefs regarding authority and justification for an undertaking and the amount of an undertaking. Said briefs were due no later than 08/24/2023, with no reply to be filed. (Ibid.) In his supplemental brief, Campbell contends that there is no statute that authorizes an undertaking or b...
2023.08.24 Motion to Vacate Default 987
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.24
Excerpt: ...May 25, 2022, C4 revived its corporate status, but that since that time, Counsel has mistakenly proceeded as though the Answer filed by C4 was active in this case. C4 contends that Plaintiff failed to request a prove-up hearing relating to the default, and that Counsel was reminded of the default when Plaintiff's counsel presented his Statement of the Case in August 2023. C4 asserts that the Court may relieve a party from default under Code of Ci...
2023.08.24 Motion to Compel Arbitration 733
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.24
Excerpt: ...ration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. (Code Civ. Proc., § 1281.2.) “The trial court may resolve motions to compel arbitration in summary proceedings, in which ‘[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance ...
2023.08.24 Motion to Compel Arbitration 107
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.24
Excerpt: ...ntained in a sales contract between the dealer and purchaser could be enforceable against the manufacturer under the doctrine of equitable estoppel. More recently, Div. 8 of the Second District in Ford Motor Warranty Cases v. Ford Motor Co. (2023) 89 Cal.App.5th 1324 (rev. granted 7/19/2023) and Div. 7 of the Second District Montemayor v. Ford Motor Co. (2023) 92 Cal.App.5th 958, 310 Cal.Rptr. 3d 82 (June 26, 2023) disagreed with the reasoning in...
2023.08.24 Motion for Monetary Sanctions 426
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.24
Excerpt: ...ffing, LLC's counsel, Rick Martin of Angel City Law, who has since withdrawn as counsel, for his frivolous conduct, gamesmanship, and unnecessary delays, which includes compensation for all the expenses Plaintiff has incurred that are attributable to his conduct, including the cost of bringing the instant motion and any other expenses attendant upon the delay of the deposition. Plaintiff asserts that Plaintiff planned to file her motion for summa...
2023.08.17 Motion for Attorney Fees 019
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.17
Excerpt: ...ion of $89 based on an overstated amount, for a total amount of $23,376. Krain contends that a $500 hourly rate for her counsel, Joshua Koltun (“Koltun”), is reasonable and within the range for experienced media attorneys in California based upon his experience and specialty in media/First Amendment issues, and that $500 per hour was the charged rate in this case. Krain also argues that the hours for which Defendant seeks an award are reasona...
2023.08.17 Motion to Transfer Venue 014
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.17
Excerpt: ...m between the parties. Defendant argues that it is a public entity HMO operating under a joint powers agreement between Riverside and San Bernardino Counties and this action must be transferred, under Code of Civil Procedure section 394(a), to San Bernardino County because Plaintiff's complaint expressly alleges that the negligence of Defendant caused Plaintiff legal injury and damages. Alternatively, Defendant contends the action should be trans...
2023.08.17 Motion for Summary Adjudication 426
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.17
Excerpt: ...oint employer; that Plaintiff was misclassified as exempt; and that Plaintiff was not reimbursed for business expenses incurred for Defendants' benefit. (Issues 21-23.) Defendants Line Drive Trucking, Inc. (“Line Drive”) and Mark Ward (“M. Ward”) (together, “Defendants”) filed an opposition. Defendant Man Staffing, LLC (“Man Staffing”) has not filed an opposition. Plaintiff contends that the motion concerns three (3) primary issue...
2023.08.10 Motion to Set Aside Default, Judgment 587
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.10
Excerpt: ... within a reasonable time, but no later than: (i) two years after entry of a default judgment against it; or (ii) 180 days after service on it of a written notice that the default or default judgment has been entered, whichever earlier. (CCP §473.5(a).) The motion must also be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or ine...
2023.08.10 Motion to Consolidate Cases 871
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.10
Excerpt: ...te-filed opposition. The Court considers the late-filed opposition, and reply filed in response thereto. Plaintiff contends that both actions involve complex issues of title and fraud, that adjudicating those complex issues in the summary proceedings of the UD Action infringes on Campbell's due process rights, and that because Brooks' right to possession of the property depends on the outcome of Campbell's Unlimited Action, Campbell seeks to cons...
2023.08.10 Motion for Summary Judgment 250
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.10
Excerpt: ...torm's discovery responses reflect it cannot establish the requisite element of damages for each of its claims as a matter of law.” Synoptek contends that summary judgment must be granted in its favor because the causes of action of Plaintiff/Cross-Defendant Burstorm, Inc. (“Burstorm”) are barred by the integration clause in the User Access Agreement and that an alleged oral modification of the parties' integrated, written agreement is with...
2023.08.10 Motion for Attorney Fees, Prejudgment Interest, Post-Judgment Interest 245
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.10
Excerpt: ...nterest added to the judgment against Defendants as follows: Candace Yang: • The Nursery and Frank Berry to Candace Yang, on the principal sum of $16,551.88, the total interest to be added as of August 10, 2023, will be $947.77; • Frank Berry to Candace Yang, on the principal sum of $5000, the total interest to be added as of August 10, 2023, will be $286.30; • The Nursery to Candace Yang, on the principal sum of $15,000, the total interest...
2023.08.10 Demurrer 979
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.10
Excerpt: ... conclusory and lack any facts sufficient to support an alter ego theory of liability. “To recover on an alter ego theory, a plaintiff need not use the words “alter ego,” but must allege sufficient facts to show a unity of interest and ownership, and an unjust result if the corporation is treated as the sole actor.” (Leek v. Cooper (2011) 194 Cal.App.4th 399, 415.) “The allegation that a corporation is the alter ego of the individual st...
2023.08.10 Demurrer 671
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.10
Excerpt: ...nvironment “To establish a prima facie case of a hostile work environment, [Plaintiff] must show that (1) she is a member of a protected class; (2) she was subjected to unwelcome harassment; (3) the harassment was based on her protected status; (4) the harassment unreasonably interfered with her work performance by creating an intimidating, hostile, or offensive work environment; and (5) defendants are liable for the harassment.” (Ortiz v. Da...
2023.08.10 Demurrer 480
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.10
Excerpt: ...tiff, Ahmad Tukhi was then pending. (ROA 127.) On 07/06/23, Attorney Peacock's Motion to be Relieved as Counsel was granted with counsel ordered to resubmit a proposed order with the required information. (ROA 146.) On 07/07/23, a proposed order was resubmitted. (See ROA 147.) Said order has now been signed by the Court. The order relieving Attorney Peacock as counsel of record for Plaintiff is effective upon counsel filing proof of service of a ...
2023.08.03 Motion for Summary Judgment 587
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.03
Excerpt: ...r that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c(a)(1).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth ...
2023.08.03 Motion for Attorney Fees 749
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.03
Excerpt: ...t Plaintiff on November 3, 2022. (ROA 48.) Plaintiff's Motion for Reconsideration was denied on February 16, 2023. (ROA 56.) Defendants seek an award of attorney fees based on the lodestar with a 1.5 multiplier. Defendants contend the requested multiplier is reasonable because this was a contingency case that involved significant legal and political issues. As an initial matter, the Court notes that on February 21, 2023, Plaintiff filed a Notice ...
2023.07.27 Demurrer, Motion to Strike 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.27
Excerpt: ...inst it, Will-Work contends that the Complaint fails to allege any facts regarding Will-Work. In opposition, Plaintiff contends that it seeks to hold Will-Work liable under a theory of agency, aiding and abetting, conspiracy or joint venture as alleged in Paragraphs 11 and 15-18 of the Complaint. (Oppn. at 2:28-4:14.) Under these theories, Will-Work could potentially be held liable for the acts of other Defendants. CCP §425.10(a)(1) provides a C...
2023.07.27 Motion for Summary Judgment, Adjudication 736
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.27
Excerpt: ... eighth causes of action. The court already ruled in favor of Defendants on these causes of action and therefore the Motion for Summary Adjudication is MOOT as to the first, second, third, fourth, sixth, seventh, and eighth causes of action. On January 19, 2023, the court denied summary adjudication as to the fifth cause of action for violation of Government Code section 12940(n). Thus, only one cause of action remains: Plaintiff's fifth cause of...
2023.07.27 Motion for Summary Judgment 139
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.27
Excerpt: ...d on “Promissory Fraud” has no merit pursuant to Code of Civil Procedure Section 437c(f)(1). The cause of action (1) is for an illegal object; and/or (2) there is no triable issue of material fact as to the element of “intent not to perform.” • The 2nd Cause of Action for “Declaratory and Injunctive Relief” has no merit pursuant to Code of Civil Procedure Section 437c(f)(1) . The cause of action is for an illegal object in that is s...
2023.07.27 Motion to Stay All Discovery 884
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.27
Excerpt: ...y in violation of California Vehicle Code section 21954(b); that Defendant, thus, could be charged with vehicular manslaughter in violation of Penal Code section 192(c)(2), driving as an unlicensed driver in violation of Penal Code section 12500(a), and failing to exercise due care for the safety of a pedestrian upon a roadway in violation of California Vehicle Code section 21954(b); that there is no statute of limitations for vehicular manslaugh...
2023.07.20 Motion to Strike 517
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.20
Excerpt: ...l to state facts sufficient to support a claim for punitive damages against Cross-Defendants as required by Civil Code section 3294, as the alleged acts by Cross-Defendants amount to a neighbor dispute but does not meet the standard of conduct necessary for punitive damages, and thus, should be stricken. Cross-Complainants contend that the motion should be denied as the conduct enumerated in the Cross-Complaint is despicable, with willful and con...
2023.07.20 Motion for Summary Judgment 807
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.20
Excerpt: ...l Procedure section 338(b) for this permanent private nuisance, and that no private nuisance existed based on testimony from Matthew Cosylion, the Code Enforcement Supervisor for the City of Newport Beach, who stated there was no violation of any Newport Beach Municipal Code (“NBMC”) ordinance. Defendants also argue that there is no triable issue of fact as to Plaintiff's Second Cause of Action for Violation of Newport Beach Municipal Code se...
2023.07.20 Motion for Discovery Protective Order 356
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.20
Excerpt: ... prohibiting/limiting discovery as follows: (1) Plaintiff is protected from disclosing any and all current and future employers from any further request made by or on behalf of the Defendant, its agents, or attorneys; (2) No further subpoenas should be issued regarding employers of Plaintiff; (3) Defendant should be precluded from requesting further information related to Plaintiff's previous, current or future employers. As an initial matter, th...
2023.07.20 Demurrer 345
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.20
Excerpt: ... sexually abused and harassed by defendant J.M., who was one of her teachers at Tustin High School. (Compl. ¶¶11, 27.) TUSD contends that Plaintiff fails to allege facts sufficient to constitute a cause of action against TUSD because Plaintiff fails to allege any facts demonstrating that TUSD had prior notice of J.M.'s previous misconduct. (Dem. at 5:7-9.) Rather, according to TUSD, the Complaint lacks particularity and is instead based on boil...
2023.07.20 Demurrer 194
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.20
Excerpt: ...g of this Demurrer and Motion to Strike. Request for Judicial Notice Defendant requests judicial notice of an April 28, 2021 Order Appointing Expert filed in Juvenile Case No. 21DP0344, In re the Matter of: Mia Phan, of the Orange County Superior Court. The Request for Judicial Notice is GRANTED. (Evid. Code, § 452(d).) Merits Though the Complaint does not expressly name the causes of action asserted, Plaintiff alleges that Defendant was neglige...
2023.07.13 Motion to Tax Costs 245
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.13
Excerpt: ...“MOC”) here was filed 2/21/2023 and seeks $119,014.12 in costs. Under CRC 3.1700(a)(1), a prevailing party who claims costs must serve and file a MOC: “within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under [C.C.P. § 664.5] or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first” plus additional time bas...
2023.07.13 Motion to Compel Further Responses 846
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.13
Excerpt: ...ch individual identified in Special Interrogatory No. 10.” Defendant objected to both of the above interrogatories on the grounds that the interrogatories seek information protected by the right to privacy, HIPAA and CMIA. Defendant also objected on the grounds that the interrogatories seek documents which are not relevant and not reasonably calculated to lead to the discovery of admissible evidence. Legal Standard “[A] civil litigant's right...
2023.07.13 Motion to Compel Further Production of Docs 973
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.13
Excerpt: ...d signed the verification attesting: “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” (Code Civ. Proc., §§ 2015.5 and 2031.250.) Next, Defendant is ORDERED to produce the documents that it stated would comply in part and produce certain documents in its responses to the Request for Production. Defendant stated that it would produce documents in response to Request for Pro...
2023.07.13 Motion for Sanctions, for Terminating Sanctions
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.13
Excerpt: ... March 6, 2023, including exhibits therein, from the trial record. The Shenzhen Defendants also seek an order imposing monetary and terminating sanctions. The Shenzhen Defendants contend that Plaintiffs' prior counsel inappropriately obtained financial records pursuant to a subpoena for business records on JP Morgan Chase Bank, after the Shenzhen Defendants objected to written discovery seeking financial records, and despite Plaintiffs' counsel's...

951 Results

Per page

Pages