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2022.05.19 Motion to Strike or Tax Costs 133
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...eding. (Code of Civil Procedure Section 1032(b).)  Code of Civil Procedure Section 1033.5 sets forth the items that are allowable as costs.  Items not mentioned in section 1033.5 may be allowed or denied in the court's discretion.  Additionally, Code of Civil Procedure section 1033.5(c) states that allowable costs shall be reasonable in amount and “reasonably necessary to the conduct of the litigation rather than merely convenient or be...
2022.05.19 Motion for Leave to File FAC 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...w, upon any terms as may be just, an amendment to any pleading. (Code of Civ. Proc., § 473(a)(1).) Additionally, “[a]ny judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (Code of Civ. Proc., § 576.) A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or a...
2022.05.19 Motion to Compel Further Responses 267
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...In their effort to seek collection and enforce the terms of the lease and guarantees, Plaintiff thereafter filed an Application for Right to Attach Order/Writ of Attachment. The matter was heard in this court on 10/28/21. The court's Minute Order dated 10/28/21 states in part, “The Court GRANTS Plaintiffs' applications seeking to attach $160,158.03 [original amount requested reduced by $200 (bond fee)] and orders Plaintiffs to post a bond of $1...
2022.05.19 Motion for Monetary Sanctions 406
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...ions must follow a two-step procedure. First, the offending party must be served with a motion for sanctions. This starts the 21-day “safe harbor” period during which the offending party may withdraw the improper pleading and thereby avoid sanctions. Here, the motion was personally served on Plaintiff on February 1, 2022. Thereafter, Plaintiff did not withdraw the Motion for Leave to Amend; and this motion was timely filed on February 25, 202...
2022.05.12 Motion to Set Aside Default 933
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.12
Excerpt: ... a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) Application for an order for relief “shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.) The party moving for relief has the burden to demonstrate “that due to some mis...
2022.05.12 Motion for Leave to Amend 406
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.12
Excerpt: ...arty to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. (CCP § 473(a)(1).) Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or...
2022.05.12 Motion for In Camera Review 926
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.12
Excerpt: ...”) including exhibits, and addressing the deficiencies raised by the Court's April 21, 2022 Minute Order, which provides that Certificates of Merit comply with, as well as lodged confidential documents. (Supplemental Johnson Declaration, ¶ 8.) The Court noted that the Certificates of Merit filed by Plaintiff's counsel, Thomas A. Cifarelli, and by a Mental Health Practitioner, Paul Larsen LMFT contain the declarations required by CCP § 340.1(g...
2022.05.05 Motion to Compel Further Responses 736
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.05
Excerpt: ...workers' compensation claim within the last seven (7) years. • No. 24: For each individual identified in Special Interrogatory No. 23, please provide the dates that they were employed by YOU. • No. 25: For each individual identified in Special Interrogatory No. 23, please describe if they were terminated, resigned, or continue to be employed by YOU. • No. 29: IDENTIFY any and all individual(s) that YOU terminated or forced to resign within ...
2022.05.05 Motion to Compel Arbitration 304
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.05
Excerpt: ...ction against Defendants L'Inc D'Aline Corporation (“LDC”) and S&S Fuel, Inc. (“S&S”) for (1) judicial foreclosure, (2) specific performance, (3) appointment of receiver, (4) imposition of constructive trust, (5) accounting, (6) injunctive relief, and (7) breach of written contract. The Complaint alleges LDC executed a promissory note (Complaint, Exh. 1) in the amount of $1 million secured by a deed of trust (Complaint, Exh. 2) on propert...
2022.05.05 Motion for Summary Judgment, Adjudication 288
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.05
Excerpt: ...f and her ex-husband as to how to divide the $5,000,000. Plaintiff and her ex-husband agreed to participate in an arbitration hearing with the retired judge who assisted in the settlement of the underlying case. In the arbitration hearing to divide up the settlement funds, Plaintiff was represented by separate counsel and Plaintiff's ex-husband was represented by Defendants. Plaintiff contends now that it was improper for Defendants to have repre...
2022.05.05 Motion for Issue, Evidentiary, Terminating, and Monetary Sanctions 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.05
Excerpt: ...d and to deem LOAN OAK's requests for admission admitted; (2) evidentiary sanctions to preclude Z-WANG from asserting any affirmative defense to LOAN OAK's Cross-Complaint; (3) terminating sanctions by dismissing Z-WANG's complaint against it, striking Z-WANG's Answer to LOAN OAK's Cross-Complaint, and entering default against Z-WANG; and (4) monetary sanctions of $12,865.60 against Z-WANG to compensate LOAN OAK for the attorneys' fees and costs ...
2022.05.05 Demurrer, Motion to Strike 781
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.05
Excerpt: ...ports to name a trust as a party to the FAC; and b. Exhibit “F” of the FAC. (ROA 86) Initially, pursuant to CCP§430.41(a), before filing a demurrer the demurring party shall meet and confer in person or by telephone with the party who filed the pleading. An in person or telephonic meet and confer is also required prior to filing a motion to strike. (CCP§435.5(a)) Here, on 3/9/2022, this Court ordered the parties to “meet and confer prior ...
2022.04.28 Demurrer to FAC 782
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.28
Excerpt: ...Attorney's Fees, and Unfair Competition. Defendant argues that the FAC fails to allege facts sufficient to constitute any of these causes of action against it. Defendant also moves to strike Plaintiffs' prayer for punitive damages and attorney's fees, on the ground that they are unsupported by Plaintiffs' allegations, as well as Exhibits 2 and 4 of the FAC. DEMURRER First Cause of Action for Breach of Contract Defendant argues the Breach of Contr...
2022.04.28 Motion to Compel Arbitration, to Stay Proceedings 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.28
Excerpt: ... 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 of the evidence any fact necessary to its defense. [Citation.] In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other doc...
2022.04.28 Motion to Compel Further Responses 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.28
Excerpt: ... from Defendant, Erik Matsuno (“Defendant”) to Plaintiff's Special Interrogatories, Set One, (“SPROG”) Nos. 1 to 70, and awarding monetary sanctions in the amount of $2,242.50 against Defendant and his counsel of record, Niral Patel. Plaintiff contends that Defendant's responses to the SPROG are deficient and evasive; that the objection that SPROG, Nos. 1, 10, 11, 12, and 13, are unintelligible due to the definition of “INCIDENT” is w...
2022.04.28 Motion to Permit Filing of SAC 235
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.28
Excerpt: ...nd that leave to file the proposed SAC should be granted as they are not adding additional causes of action but are adding allegations to recoup the damages incurred as a result of the removal of drainage systems, as well as allegations relating to Defendants' continued trespassing, which would be adjudicated during Phase 2 of the trial. Plaintiffs allege that the proposed amendments relate to conduct and damages that occurred after Phase 1 of th...
2022.04.21 Motion to Quash Subpoena for Production of Employment Records 747
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.21
Excerpt: ... served may, prior to the date for production, bring a motion under Code of Civil Procedure Section 1987.1 to quash or modify the subpoena duces tecum.” CCP §1987.1 empowers this Court to "make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon such terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protec...
2022.04.21 Motion to Issue Sanction Deeming All Liability and Causation Issues Determined in Favor of Plaintiff 730
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.21
Excerpt: ...n precluding Defendant from contesting liability by way of the affirmative defenses of comparative fault or assumption of risk; and/or (4) an order for monetary sanctions against Defendant and/or their attorneys of record Law Office of Anthony T. Schneider in the sum of $5,664.95. Plaintiff contends that the incident occurred on June 2, 2018, and that on June 4, 2018, Plaintiff's counsel sent a preservation of evidence letter via registered certi...
2022.04.21 Motion to Compel Physical Exam 136
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.21
Excerpt: ... with Dr. Scott Forman, M.D., on October 29, 2021. Pursuant to Code Civ. Proc. §2032.220(a), “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff.” However, if a defendant seeks more than one physical examination of Plaintiff, Defendant “shall obtain leave of court.” [Code Civ. Proc. §2032.310(a).] Code Civ. Proc. §2032.240(a) provides, “If a p...
2022.04.21 Motion to Compel Arbitration 608
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.21
Excerpt: ...out January 13, 2016, he entered into a warranty contract with FCA regarding the vehicle. (Compl., ¶ 10.) Plaintiff dismissed Elk Grove from this action on April 11, 2022, without prejudice. Request for Judicial Notice Plaintiff requests judicial notice of the Ninth Circuit's opinion in Ngo v. BMW of N. Am., LLC (9th Cir. 2022) 23 F.4th 942 (Exhibit A), seven California federal court orders denying motions to compel arbitration (Exhibits B, C, D...
2022.04.21 Motion for Summary Adjudication 374
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.21
Excerpt: ...os. 1-3. The Court overrules and disregards all objections asserted by Defendants in their Response to the Separate Statement. The Separate Statement is not evidence. Any objections to evidence must comply with California Rules of Court, Rule 3.1354(b). Plaintiffs' Objections to Defendants' Evidence in Support of the Opposition. The Court OVERRULES Plaintiffs' evidentiary objection Nos. 1-4 to the Declaration of Myles Sachs. The Court OVERRULES P...
2022.04.21 Motion for In Camera Review of Certificates of Merit 926
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.21
Excerpt: ...contends that the Court may review in camera Plaintiff's Certificates of Merit which comply with the requirements set forth in CCP § 340.1(f)-(i) and requests that the Court find that there is a reasonable and meritorious cause for the filing of this action against DOE 3. Plaintiff also contends that the Court should grant Plaintiff's request for an in camera review of Plaintiff's Application to Amend Complaint and Certificate of Corroborative F...
2022.04.14 Demurrer 678
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ...claration”), ¶ 2.) Thereafter, on 11/5/21, Petitioner filed an amended pleading entitled “Verified Petition for Writs of Traditional and Administrative Mandate and Request for Immediate Stay.” (ROA 20; Dunn Declaration, ¶ 8.) Then, on 12/13/21, Petitioner filed an amended petition entitled, “First Amended Verified Petition for Writs of Traditional and Administrative Mandate; Temporary Restraining Order; Injunctive Relief; Damages” whi...
2022.04.14 Demurrer 782
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ...argue that the FAC fails to allege facts sufficient to constitute any of these causes of action against them. Third Cause of Action for Fraudulent Concealment The Barnes Defendants argue that Plaintiffs' Fraudulent Concealment cause of action fails because Plaintiffs have failed to allege every element of a Fraudulent Concealment claim. They argue that the FAC fails to allege intentional concealment, knowledge by the Barnes Defendants, materialit...
2022.04.14 Demurrer 908
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ...tal Partners, LLC (2007) 158 Cal.App.4th 226, 244). Additionally, “[t]he allegation of a fiduciary relationship must be supported by either a contract, or a relationship that imposes it as a matter of law.” (Berryman v. Merit Property Management, Inc. (2007) 152 Cal.App.4th 1544, 1558). Relevant to this claim, Plaintiff alleges he entered into a business partnership with Defendant in 2014, wherein each became 50% partners in two entities: New...
2022.04.14 Demurrer 980
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ...leave to amend the Complaint to allege punitive damages. On 11/4/21, this Court sustained the demurrer to the First Amended Complaint with leave to amend. The operative pleading is the SAC, filed on 11/24/21, which alleges: 1. Professional Negligence, 2. Intentional Infliction of Emotional Distress, 3. Intentional Misrepresentation, and 4. Fraudulent Concealment. No future events are currently scheduled. Meet and Confer: Despite numerous attempts...
2022.04.14 Motion for Determination of Good Faith Settlement 072
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ... been made in good faith and that any future complaints or cross-complaints against DEVRE, PICKFORD, COLDWELL BANKER, and TOBIN are forever barred pursuant to C.C.P. section 877.6(c). Defendants Edward Knight (“KNIGHT”) and Edward Knight & Associates, Inc. (“EDWARD KNIGHT INC.”) (collectively “KNIGHT DS”) filed this Motion contesting DEVRE and PICKFORD's application for determination of good faith settlement. A plaintiff may settle wi...
2022.04.14 Motion for Summary Judgment, Adjudication 672
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ...k Matsushige, with Darin W. Barber, in his capacity as Executor of the Estate of Kirk Matsushige, deceased. (See ROA 114.) As such, this motion is directed to the First Amended Complaint and all Plaintiffs named therein. Dr. Pham contends that there is no triable issue of material fact as to the following issues: (1) the medical care and treatment rendered by Dr. Pham to patient, Debbie Matsushige (the “patient” or “Ms. Matsushige”), comp...
2022.04.14 Motion to Enforce Right of Inspection 149
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ...s pursuant to Corporations Code sections 1601(a) and 1602, and made proper shareholder and director inspection demands to Plaintiff/Cross-Defendant Jae Pak, M.D. (“Pak”), the only other shareholder and director of NHI, on November 29, 2021; December 3, 2021; and December 8, 2021, but that Pak refused these demands. Rassman also contends that Pak's reliance on Tritek Telecom, Inc. v. Sup. Ct. (2009) 169 Cal.App.4th 1385 is misplaced as it does...
2022.04.07 Motion to Strike 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: ... allege sufficient facts to support punitive damages that Horizons acted with malice, intent to oppress, fraud, or despicable conduct, and that specific facts must be pleaded but the Complaint provides only conclusory statements which give rise to nothing more than mere negligence, such that the claim for punitive damages should be stricken. Plaintiffs contend that the Complaint makes sufficient factual allegations for malicious and oppressive co...
2022.04.07 Motion to Set Aside or Vacate Entry of Default 245
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: ...otion to be relieved from deemed admissions pursuant to CCP § 2033.300(b); 4. Allow Megarit on his own behalf and all other Defendants' behalf to set aside/vacate pursuant to CCP § 473(d), the Court's September 9, 2020 Order (ROA 255) denying Defendants' Motion to Set Aside/Vacate the Court's February 6, 2020 Order (ROA 209), Striking Defendants' Answer filed April 19, 2018 (ROA 49), and deem such Answer timely (re)filed, or alternatively, perm...
2022.04.07 Motion to Compel Mental Exam 499
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: ...ides that “[a] meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” Counsel for Defendant sent Plaintiff's counsel a September 23, 2021 letter asking whether Plaintiff would stipulate to a mental health examination. (Declaration of Marc Lafer, ¶ 4.) Counsel for Plaintiff did not respond. (Id., ¶ 5.) The Court finds t...
2022.04.07 Motion to Compel Further Responses, for Monetary Sanctions 149
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: ...FP, Nos. 112-155; that Pak failed to respond separately to each request in violation of Code of Civil Procedure section 2031.210(a) by providing general, boilerplate objections; failed to identify with particularity any document, tangible thing, or electronically stored information falling within any category of items therein, in violation of Code of Civil Procedure section 2031.240(b); that Pak failed to provide sufficient factual information fo...
2022.04.07 Motion to Compel Further Responses 059
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: ...information within the proper scope of discovery. In Opposition, Defendant contends that a verification was not required because her response to Form Interrogatory No. 15.1 contained only objections and contends that her objections are not boilerplate as each of her asserted objections were explained and not baldly stated. Whether a Verification Was Required? C.C.P. section 2030.250(a) states in pertinent part as follows: “The party to whom the...
2022.04.07 Motion for Summary Judgment 113
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: .... Defendant IRVINE's Evidentiary Objections to Plaintiff's Evidence in Support of the Opposition. The Court OVERRULES all objections to the Declaration of Denis LeBreton. The Court SUSTAINS Defendant's objections to Exhibits L, N, O, T, and U based on lack of foundation only. All other objections to Plaintiff's exhibits are OVERRULED. Motion. This action arises from the death of Plaintiff's father, Jerry Corcoran (“Decedent”), who was attacke...
2022.04.07 Demurrer 362
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: ...rer, but the parties never met and conferred in person or by telephone. On this ground alone, the Court could overrule the demurrer or continue it to require the parties to meet and confer. Second, the Court notes that Plaintiff failed to properly serve his Opposition pursuant to Code of Civil Procedure section 1005(c). The Court will exercise its discretion to consider the Opposition because Defendants were able to file their Reply timely and it...
2022.03.24 Demurrer 544
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.24
Excerpt: ...s contend that Plaintiffs have combined all named defendants into the definition of “Defendant” in the FAC, without specifying which of the named defendants allegedly engaged in misconduct, such that the FAC is vague and uncertain. Plaintiffs do not address this point in opposition. Code of Civil Procedure section 430.10(f) provides that a defendant may demur on the ground that the pleading is uncertain. “As used in this subdivision, ‘unc...
2022.03.24 Motion to Bifurcate 314
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.24
Excerpt: ...with Phase 1 to be a bench trial on question of law concerning the meaning, existence, and enforceability of the implied covenant of good faith and fair dealing in the property management agreement upon which Plaintiff/Cross-Defendant, Vertical Media Group, Inc. (“Plaintiff/Cross-Defendant” or “VMG”) sues, and whether VMG has standing sue for a contract to which it is not a party, as well as, whether the implied covenant of good faith pre...
2022.03.17 Motion to Compel Further Responses 157
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ... the statement of compliance with the demand is incomplete; (2) a representation of inability to comply is inadequate, incomplete, or evasive; and (3) an objection in the response is without merit or is too general. A motion filed pursuant to C.C.P. section 2031.310 requires the motion “set forth specific facts showing good cause justifying the discovery sought by the demand.” There are only two document demands at issue. Request No. 3 seeks:...
2022.03.17 Motion to Amend Pleading, to Compel Further Responses 406
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...o amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. (CCP § 473(a)(1).) Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretr...
2022.03.17 Motion for Summary Judgment 317
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...ication as to 48 issues and the First Cause of Action for Negligence [Issue Nos. 27 to 40]; Second Cause of Action for Violation of California Business & Professions Code § 17200, et seq. [Issue Nos. 41 to 46]; Third Cause of Action for Public Disclosure of private Facts [Issue No. 26]; Fourth Cause of Action for Breach of Contract [Issue Nos. 2 to 4]; Fifth Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing [Issue...
2022.03.17 Motion for Leave to File FAC 149
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...working on a stipulation. Rassman contends that the proposed First Amended Cross-Complaint (“FACC”) removes the Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress causes of action and adds additional causes of action for: Financial Elder Abuse (Cal. Welfare & Institutions Code, §15610.30); Disability Discrimination in Violation of FEHA (Gov. Code, § 12940, subd. (a)); Age Discrimination in Violation ...
2022.03.17 Motion for Judgment on the Pleadings 613
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...tiff had a medical exemption letter from a doctor and Defendant told Plaintiff to stand outside until the other customers left; after the other customers left, Defendant left Plaintiff standing outside until Plaintiff asked why and re-entered the store; Defendant took the letter, read it, and argued with Plaintiff, stating Plaintiff can wear a face shield; Defendant intentionally restrained and harassed Plaintiff without legal authority. A defend...
2022.03.17 Motion for Attorney Fees 047
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...h of the following occur: “(1) The defendant obtains a summary judgment, judgment under CCP section 631.8 (motion for judgment in court trial), directed verdict, or nonsuit in an action for indemnity or contribution or in a proceeding under the California Tort Claims Act; and “(2) The court, on motion, finds that the plaintiff did not bring the action in good faith and with reasonable cause.” (See C.C.P. section 1038(a).) Section 1038 “re...
2022.03.17 Demurrer 094
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...at this is not a wrongful termination claim based on public policy but rather, based on contract. It is well settled that a cause of action is not defined by the label plaintiff puts on it. Instead, the validity of a cause of action is determined by an examination of the allegations themselves, and a determination of whether those facts state any cause of action at all. (Barquis v. Merchants Collection Assn. (1972) 7 Cal.3d 94.) In fact, in evalu...
2022.03.10 Motion for Determination of Good Faith Settlement 407
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...2/11/21. Solis filed this motion on 11/10/21. Trial is set for 4/11/22. Whether a settlement is within the “good faith ballpark” is to be evaluated on the basis of information available at the time of settlement under the following factors: • the amount paid in settlement • a rough approximation of plaintiff's total recovery and the settlor's proportionate liability • a recognition that the settlor should pay less in settlement than if ...
2022.03.10 Demurrer 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...n the basis the claim cannot be asserted outside an insurance context. As explained by the California Supreme Court in Foley, “[e]very contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement.” (Id. at p. 683). “Because the covenant is a contract term, however, compensation for its breach has almost always been limited to contract rather than tort remedies.” (Id. at p. 684). “As a con...
2022.03.10 Demurrer to FAC 232
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ... complaint and that Plaintiff fails to plead facts sufficient to state a cause of action for Violation of the Unruh Civil Rights Act (the “Unruh Act”), Civil Code section 51 et seq. under the first ground for a predicate violation of the American with Disabilities Act, 42 U.S.C. § 12181, et seq. (the “ADA”); or under the second ground for an alleged intentional discrimination against disabled persons in the provision of facilities and se...
2022.03.10 Motion for Leave to Amend Complaint 498
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...emonstrate that he possesses a legally sufficient claim which is ‘substantiated,' that is, supported by competent, admissible evidence.” (Ibid.). “[T]he court must deny the section 425.13(a) motion where the facts asserted in the proposed amended complaint are legally insufficient to support a punitive damages claim.” (Ibid.). “The court also must deny the motion where the evidence provided in the ‘supporting and opposing affidavits' ...
2022.03.10 Motion for Summary Judgment 933
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...to set forth any of his qualifications, education, or experience. “To determine that a witness qualifies as an expert the judge must ascertain ‘if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.' (Evid. Code, § 720, subd. (a).)” (Miller v. Los Angeles Cty. Flood Control Dist. (1973) 8 Cal. 3d 689, 701.) Mr. Harris states he is a “roo...
2022.03.10 Motion to Appoint Receiver 932
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...980.7, subdivision (c), among other orders in support thereof, and requiring reimbursement in this action. The City contends that the Property owned by Defendant, Anna Makkouk (“Defendant”) has had on-going nuisance conditions since 2004, and most recently from 2018 to 2021, including unsafe structures, trash, debris, improper ventilation, inadequate heating, inadequate plumbing fixtures, inadequate lighting and ventilation, inadequate room a...
2022.03.10 Motion to Quash Service of Summons and Complaint 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...aser against Defendants Carmax Auto Superstores California, LLC (“Carmax”) and Ford Motor Company (“Ford”). The operative pleading is the First Amended Complaint (“FAC), which was filed on 8/4/21, and alleges: 1. Violation of the Consumers Legal Remedies Act (injunction); 2. Breach of Contract; 3. Intentional Misrepresentation; 4. Negligent Misrepresentation; 5. Breach of the Implied Warranty of Merchantability; 6. Breach of the Express...
2022.03.03 Motions for Summary Judgment 672
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ...laintiff, Kirk Matsushige, with Darin W. Barber, in his capacity as Executor of the Estate of Kirk Matsushige, deceased. (See ROA 114.) As such, this motion is directed to the First Amended Complaint and all Plaintiffs named therein. Dr. Pham contends that there is no triable issue of material fact as to the following issues: (1) the medical care and treatment rendered by Dr. Pham to patient, Debbie Matsushige (the “patient” or “Ms. Matsush...
2022.03.03 Motion to Transfer Action 873
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ... LLC (the “Company') there, and the Company's principal place of business is in Bakersfield in Kern County. He also contends that there is no statutory exception to authorize the filing of the lawsuit in Orange County, and that the Complaint does not allege that any event or wrongful conduct occurred in Orange County. Brown additionally contends that Plaintiffs' counsel should be ordered to pay Brown the reasonable expenses and attorney's fees ...
2022.03.03 Demurrer, Motion to Strike 126
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ...Plaintiff's fraud by omission claim is barred by the economic loss rule and is insufficiently pled. Whether Plaintiff's Claims are Time Barred? Defendant contends all of Plaintiff's claims are time-barred by their respective statute of limitations. The three-year statute of limitations applies to Plaintiff's claim for violation of Civil Code section 1793.2. (C.C.P. section 338(a) [“Within three years: (a) An action upon a liability created by s...
2022.03.03 Demurrer 333
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ...ave notice of the Court's ruling on September 22, 2021 by email; and thus, the FACC should have been filed by October 14, 2021—20 days plus 2 extra days since service was by email. Cross-Complainants did not oppose the Demurrer. In any event, CENTER is correct that the Court sustained its demurrer with 20-days leave to amend. The matter was set to be heard on September 23, 2021 and the Court's Minute Order on the matter was issued on September ...
2022.03.03 Demurrer 185
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ...rth, and Sixth through Fourteenth Causes of Action of the SAC fail to state facts sufficient to constitute a cause of action such that the demurrer should be sustained and these causes of action dismissed. Plaintiff contends that the causes of action at issue are sufficiently pled, and that the demurrer should be overruled but that if it is sustained, it should be with leave to amend. Initially, the Declaration of Joshua Bornstein, counsel for De...
2022.02.24 Motion for Peremptory Writ of Mandate 678
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.24
Excerpt: ...equests that the Court “immediately issue an alternative writ, order to show cause, and temporary stay preventing Respondents from voting to extend or maintain the Emergencies, pending issuance of a peremptory writ prayed for in paragraphs 2 and 4.” (ROA, Verified Petition, Prayer for Relief, ¶ 6.) A proceeding for a writ of mandate is initiated by filing a verified petition of the party beneficially interest, and the writ must be issued in ...
2022.02.24 Motion to Clarify Motion to Compel Arbitration 549
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.24
Excerpt: ...on said motion took place on February 4, 2021; that the Court stated at the hearing that the order compelling arbitration pertained to Stueve Bros. Farms and Millcreek, and that no specific arbitrator was to be assigned to arbitrate the dispute between Plaintiffs, Stueve Bros. Farms and Millcreek outside the customary random assignment procedures of JAMS; that the Court's order compelling arbitration does not so state; that Plaintiffs have attemp...
2022.02.24 Motion to Dismiss Second Cause of Action, to Exclude Evidence and Argument at Trial, to Dismiss TAC 314
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.24
Excerpt: ...action and dismiss the third amended complaint with prejudice.” Defendants ask the court to deem this a motion in limine, or common law motion for judgment on the pleadings, as the court deems appropriate and proper. Defendants assert that the Court should exclude all evidence and argument which contradicts Plaintiff Vertical Media Group, Inc.'s binding admissions that show it lacks standing to sue: (a) the property management agreement referen...
2022.02.24 Motion to Set Aside Dismissal 187
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.24
Excerpt: ...Settled Case hearing, Plaintiffs' counsel stated that attorney fees still needed to be resolved. The Court continued the OSC to 9/30/21, noting the 9/4/21 dismissal date. The Court ordered Plaintiff to give notice. On 9/30/21, no dismissal having been filed, the Court ordered the entire action dismissed without prejudice and ordered the Clerk to give notice. No parties had appeared. Then on 11/4/21, Plaintiffs filed the subject Motions to Set Asi...
2022.02.24 Motion to Strike Allegations and Prayer for Punitive Damages 823
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.24
Excerpt: ...mages. In addition, Plaintiff also includes facts and exhibits that are outside of the operative complaint and judicial notice has not been requested. Accordingly, this evidence is not considered by the Court. Pursuant to Civil Code § 3294(a), a plaintiff may seek punitive damages for “oppression, fraud, or malice.” Civil Code § 3294(c) defines “malice” as conduct which is intended to cause injury or despicable conduct carried on with a...
2022.02.10 Motion to Strike Complaint, for Monetary Sanctions 399
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...e amount of $25,250 as mandated by California Code of Civil Procedure section 425.16(c). The Carlson Defendants contend that Plaintiffs' single claim for malicious prosecution arises solely and exclusively from constitutionally protected activity as Plaintiffs seek to hold the Carlson Defendants liable for alleged conduct undertaken during their representation of their former client, Defendant High Seas Yacht Charters, LLC (“High Seas”) in an...
2022.02.10 Motion to Quash Deposition Subpoena 979
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...vacy is a 'fundamental interest' of our society, essential to those rights ‘guaranteed by the First, Third, Fourth, Fifth and Ninth Amendments to the U.S. Constitution.' … However, ‘the constitutional right of privacy is not absolute; it may be abridged to accommodate a compelling public interest. [Citations.] One such interest, evidenced by California's broad discovery statutes, is ‘the historically important state interest of facilitati...
2022.02.10 Motion for Trial Preference 209
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...… “(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. “(e) Notwithstanding any other provision of la...
2022.02.10 Demurrer 711
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...996) 12 Cal.4th 631, 638.) Under CCP § 338(d), the statute of limitations for a cause of action for fraud is three years. The cause of action is not deemed accrued “until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.” (CCP § 338(d); (Kline v. Rutner (2001) 87 Cal.App.4th 1369, 1373.) Section 338(d) effectively codifies the delayed discovery rule in connection with actions for fraud. (Britton v. Girar...
2022.02.10 Demurrer 644
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...as specifically directed at Plaintiff with an intent to harm, and that Plaintiff's allegations do not constitute conduct that is so outrageous and shocks the conscience to impart liability under an IIED theory. Huntington Gardens also contends that leave to amend should be denied as amendment would be futile. Plaintiff contends that the demurrer does not specify the code section under which Huntington Gardens makes it demurrers, that the IIED cau...
2022.02.03 Motions to Compel Responses 952
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.03
Excerpt: ...nts, without objection, and to produce all responsive documents in his possession of under his control. Plaintiff seeks monetary sanctions in the amount of $1600 against Defendant and his attorneys of record herein, Timothy Joens and Matthew Joens. (ROA 42) Initially, it should be noted that service herein was defective. The motions were served by electronic delivery on 10/11/2021, but the email addresses of the parties appearing herein were not ...
2022.02.03 Motion to Compel Further Responses 157
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.03
Excerpt: ... the statement of compliance with the demand is incomplete; (2) a representation of inability to comply is inadequate, incomplete, or evasive; and (3) an objection in the response is without merit or is too general. A motion filed pursuant to C.C.P. section 2031.310 requires the motion “set forth specific facts showing good cause justifying the discovery sought by the demand.” There are only two document demands at issue. Request No. 3 seeks:...
2022.02.03 Motion for Summary Judgment 672
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.03
Excerpt: ...ntiffs named therein. The elements of a medical malpractice cause of action are: (1) duty of professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between negligent conduct and resulting injury; and (4) actual loss or damage resulting from professional's negligence. (Avivi v. Centro Medico Urgente Med. Ctr. (2008) 159 C...
2022.02.03 Demurrer, Motion to Strike 930
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.03
Excerpt: ...Privacy; Plaintiff alleges the following: he was riding a motorized skateboard in the City when he was stopped by Officer Ecsedy and cited for riding the skateboard in the area. After, Plaintiff walked to an area with a crowd of about 300 people on the block in their 20s and 30s. City Police officers arrived at the area. Officers Ecsedy and Vidana told Plaintiff to leave the city. He stated he would not leave without his friend. He called his fri...
2022.02.02 Motion for Terminating Sanctions 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.02
Excerpt: ...4.35 against Plaintiffs for the costs incurred when Z-WANG failed to appear for his noticed depositions and for the attorney fees incurred in filing this Motion. LOAN OAK seeks terminating sanctions pursuant, inter alia, to Code of Civil Procedure Sections 2023.010, 2023.030, and 2025.450. C.C.P. section 2023.010(g) defines the misuse of discovery process to include “[d]isobeying a court order to provide discovery.” C.C.P. section 2023.030(a)...
2022.01.27 Demurrer 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.27
Excerpt: ...gations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated. Thus, absent those limited cases where a breach of a consensual contract term is not claimed or alleged, the only justification for asserting a separate cause of ...
2022.01.27 Motion to Compel Further Responses 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.27
Excerpt: ...ing monetary sanctions in the amount of $4,642.50 against Defendant and his counsel of record, Niral Patel. Plaintiff contends that Defendant's responses to the SPROG are deficient and evasive; that the objection that SPROG, Nos. 1, 10, 11, 12, and 13, are unintelligible due to the definition of “INCIDENT” is without merit; that the objections to SPROG, Nos. 2 to 9, and 35 to 70 that they have been previously propounded and that continuous di...
2022.01.27 Motion for Summary Judgment, Adjudication 157
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.27
Excerpt: ...or breach of contract, fraud, and products liability, or its claim for punitive damages as to World. The court combines the discussion of both motions to make the ruling more manageable. A. Background Brief Factual Background The plaintiff alleges that World entered into a contract with Fueling to convert 50 fleet vehicles from gasoline to compressed natural gas (“CNG”) power and to provide warranty coverage on emission and control systems in...
2022.01.20 Motion to Compel Responses 352
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.20
Excerpt: ...n. Motions: Per the declarations of Corey Taylor, counsel for Defendant, in support of the motions, Plaintiffs failed to timely respond to discovery requests. Responses were due on 6/11/21. Attorney Taylor sent opposing counsel a letter on 8/20/21 stating he would file a motion if responses were not received by 8/23/21. There was no response to that letter. These motions were filed on 9/22/21. Plaintiffs filed an untimely omnibus opposition (file...
2022.01.20 Motion to Compel Further Responses 252
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.20
Excerpt: ...ses to Form Interrogatory, Nos. 12.1 is evasive and incomplete, as the response to No. 12.1 identifies 191 allegedly percipient witnesses and does not truly respond to the call of the request, that Plaintiff is entitled to the contact information of percipient witnesses, and that the boilerplate objections are without merit. Defendant, Southern California Specialty Care, LLC dba Kindred Hospital Santa Ana (“Kindred Hospital”) contends that it...
2022.01.20 Motion to Compel Further Responses 135
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.20
Excerpt: ...her responses as to Nos. 1-33, 36, 39-61. Meet and Confer A motion to compel further responses to requests for admission must include a meet and confer declaration pursuant to CCP § 2016.040. (CCP § 2033.290(b)(1).) A declaration pursuant to CCP § 2016.040 must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” Here, Plaintiff files the declaration of her counsel, Harm...
2022.01.20 Motion for Summary Judgment 020
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.20
Excerpt: ... Plaintiff. (See SSUMF 1.) 1st COA for Medical Negligence The elements of a medical negligence cause of action are: 1. Duty of professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; 2. A breach of that duty; 3. A proximate causal connection between negligent conduct and resulting injury; and 4. Actual loss or damage resulting from professional's negligence.   (Avivi v. C...
2022.01.13 Motion to Sustain Demurrer 922
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.13
Excerpt: ... claims contractual damages which is not permitted for the tort of negligent misrepresentation and is recoverable through Plaintiff's bad faith claim rendering the cause of action deficient, redundant and improper. Plaintiff Mindi Miller (“Plaintiff”) contends that additional facts have been added to support the element of justifiable reliance, that justifiable reliance is a question of fact, and that the negligent misrepresentation claim aga...
2022.01.13 Motion to Compel Further Responses 703
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.13
Excerpt: ...ponding party permits. “(b) Each answer shall: “(1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. “(2) Deny so much of the matter involved in the request as is untrue. “(3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. �...
2022.01.13 Motion to Compel Further Responses 135
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.13
Excerpt: ... compel further responses to interrogatories or inspection demands must include a meet and confer declaration pursuant to CCP § 2016.040. (CCP §§ 2030.300(b)(1), 2031.310(b)(2).) A declaration pursuant to CCP § 2016.040 must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” Here, Plaintiff files a separate declaration of her counsel, Harmony Alves, in support of each...
2022.01.13 Demurrer 317
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.13
Excerpt: ...etween…Plaintiff and Defendant, and/or each of them,” and that a copy of the agreement is attached as Exhibit A. Exhibit A appears to consist of two documents: (1) an apparent invoice dated 02/04/2021 from “Drinkwater Investment Group LLC” billed to “Boss Consulting”, and (2) an email message. Although the complaint alleges the existence of an agreement (comprised of the order and invoice), the cause of action is still uncertain and/o...
2021.12.16 Motion for Leave to File FAC 943
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...ed as Exhibit A to the Complaint. “Schedule A” attached to the note shows interest totaling $29,811.55. The Complaint states Defendant made the first two payments, albeit late, but failed to make the last and final payment which was due on 9/30/20. The Court overruled Defendant's demurrer on 4/22/21. Defendant answered on 5/28/21. Proof of Service: There was no proof of service filed or attached to the motion. There was also no opposition. Pl...
2021.12.16 Demurrer 079
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...pertinent part, as follows: “Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically provided in Sections 3602, 3706, and 4558, shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment and for the death of any employee if the injury proximately causes...
2021.12.16 Motion for Summary Adjudication 428
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...defaulted on two business loans and that Defendant is obligated to pay on the remaining outstanding balance on the loans such that Plaintiff is entitled to summary adjudication on the First and Third Causes of action in this collection action. The motion is unopposed. A plaintiff has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to ju...
2021.12.16 Motion to Compel Deposition, for Protective Order 795
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...iled two motions in a single moving document, with only one reservation, and only one filing fee paid. The court orders Defendants to pay the additional filing fee within 5 days. 1. Motion to Compel CCP § 2025.480(a) states: “(a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpo...
2021.12.09 Motion to Compel Further Deposition, for Monetary Sanctions
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ...dy Property”. Defendants' Notice of Motion. Defendants' Notice of Motion, the caption and the body of the Notice, states that Defendants are seeking to compel Plaintiff's further deposition to answer questions pertaining to Plaintiff's Trust and the sale and resulting proceeds of Plaintiff's property known as the “Kennedy Property”. (See Notice of Motion caption and body of Notice.) Defendants' Motion, however, discusses Plaintiff's failure...
2021.12.09 Motion to Compel Arbitration and Stay Proceedings
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ...laims that are the subject of this action dated November 14, 2019 (the “Agreement”); that all Defendants named in the Complaint are included and covered by the Arbitration Agreement; that Plaintiff refuses to arbitrate the claims; and that all requirements of Code of Civil Procedure section 1281.2 are satisfied. Plaintiff contends that the Agreement is unenforceable because it is procedurally unconscionable as an adhesion contract because it ...
2021.12.09 Motion for Relief from Entry of Default
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ... into hospice care. She returned to the property as her health improved, but her mental state deteriorated. Plaintiffs allege Defendant moved Candaleria Singh out of the house and kept her in a hotel, and Defendant gave her drugs and alcohol. In February 2019, Defendant quitclaimed her interest in the property to himself. Candaleria Singh had no recollection of transferring title. Plaintiffs filed a proof of service of summons on 6/11/21 (ROA 27)...
2021.12.09 Motion for Attorney Fees
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ...n to strike shall be entitled to recover his or her attorney's fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” Under this provision, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.  (...
2021.12.09 Demurrer
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ...Decl., ¶3.) Fraudulent Conveyance: “Under the UFTA, ‘a transfer of assets made by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer, if the debtor made the transfer (1) with an actual intent to hinder, delay or defraud any creditor, or (2) without receiving reasonably equivalent value in return, and either (a) was engaged in or about to engage in a business or transaction for which the d...
2021.12.02 Motion to Quash Service of Summons, Complaint 995
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.02
Excerpt: ...efendant has such minimum contacts with the state that the assertion of jurisdiction does not violate traditional notions of fair play and substantial justice. The concept of minimum contacts ... requires states to observe certain territorial limits on their sovereignty. It ensure[s] that the States, through their courts, do not reach out beyond the limits imposed on them by their status as coequal sovereigns in a federal system. To do so, the mi...
2021.12.02 Motion for Summary Judgment, Adjudication 395
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.02
Excerpt: ...ement are indefinite and unknown. ISSUE 2 – Regarding Plaintiff's First Cause of Action for Specific Performance. Plaintiff is not entitled to specific performance against the Estate for ownership of the Lilac Property because she never fully performed on the written agreement. ISSUE 3 – Regarding Plaintiff's Fourth Cause of Action for Specific Performance. Plaintiff is not entitled to specific performance against the Estate for ownership of ...
2021.11.18 Motion to Strike Punitive Damages 048
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ... allege facts of defendant's oppression, fraud, or malice. (CC § 3294(a).) “Malice” is defined as conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (CC § 3294(c)(1).) “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious dis...
2021.11.18 Motion to Quash Service of Summons, Strike Complaint 802
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...ate that it certified or declared as true “under the laws of the State of California”, as required by code. (See CCP § 2015.5.)” As such, the court continued the motions “to allow Plaintiff to file proof of proper service of the opposition and to allow Defendant to cure his failure to fully comply with CCP § 2015.5.” The court is in receipt of a proof of service filed by Plaintiff (ROA 38), indicating overnight mail service of the opp...
2021.11.18 Motion to Provide Binding Declaration or Rights and Duties Re Putative Agreement to Arbitrate 252
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: .... Plaintiffs contend that Code of Civil Procedure §§ 1060, 1061, 1062.3, 1281, and 1281.2 authorize the Court to make a binding declaration of the parties' respective rights and duties concerning an arbitration agreement (the “Agreement”). Plaintiffs contend that a controversy in the interpretation and enforceability of the Agreement has arisen which requires the Court to make a binding declaration of the parties' respective rights and duti...
2021.11.18 Motion to Deem Truth of All Matters Admitted 885
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...r admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.23...
2021.11.18 Motion for Sanctions 064
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...§ 2030.290(c) and 2031.300(c), which relate to a party's failure to respond to interrogatories and inspection demands, respectively, nowhere in Plaintiff's memorandum of points and authorities does Plaintiff mention or discuss such statutes or the applicability of the same to the facts here. In any case, it appears that Plaintiff argues that sanctions are necessary because: (1) Defendant failed to conduct a noticed deposition, (2) Defendant viol...
2021.11.18 Motion for Entry of Assignment Order 235
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...ginal amount of $440,204.10, but that Judgment Debtors have not satisfied any portion of the judgment, such that the current amount owing on the judgment, with post-judgment interest and recoverable costs, is $525,420.44 (the “Judgment Balance”). Judgment Creditor contends that Code of Civil Procedure § 708.510 authorizes the Court to enter an assignment order directing a judgment debtor to assign to a judgment creditor all or part of a righ...

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