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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 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...
2023.09.28 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 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 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 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...
2023.09.14 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...
2023.09.07 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 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 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...
2023.09.07 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...
2023.08.31 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...
2023.08.31 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...
2023.08.24 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...

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