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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 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 ...
2023.12.07 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 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...
2023.11.30 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. ...
2023.11.30 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 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 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 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 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 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 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...
2023.11.16 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 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 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...
2023.11.16 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 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 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 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 ...
2023.11.09 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...

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