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2021.11.18 Demurrer 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs further claim that the insurance broker, WEIS, was negligent in failing to obtain proper insurance. On 9/23/21, this Court overruled FFIC's demurrer to the FAC. FFIC answered on 10/8/21. WEIS filed this demurrer on 8/20/21. To state a claim for negligent failure to obtain insurance coverage, the p...
2021.11.04 Motion for Entry of Charging Order 235
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...ors”) have not satisfied the judgment entered by this Court in favor of Judgment Creditor, and that Judgment Debtors have membership interests in Nino Land & Investment Co., LLC. No opposition has been filed. Judgment Creditor brings this motion pursuant to Code of Civil Procedure sections 708.310 and 708.513, and Corporations Code section 17705.03. Code of Civil Procedure (“CCP”) § 708.310 states, in relevant part, “If a money judgment ...
2021.11.04 Demurrer 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs further claim that the insurance broker, WEIS, was negligent in failing to obtain proper insurance. On 9/23/21, this Court overruled FFIC's demurrer to the FAC. FFIC answered on 10/8/21. WEIS filed this demurrer on 8/20/21. To state a claim for negligent failure to obtain insurance coverage, the p...
2021.11.04 Demurrer 980
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...amages and attorney fees and costs relating to the fifth cause of action. Plaintiff filed a complaint on 3/19/21 against Defendants Dr. Amy Bandy and Amy T. Bandy, Medical Corporation. On 7/15/21, this Court granted Plaintiff leave to amend the Complaint to allege punitive damages. The operative pleading is the FAC, which alleges Professional Negligence, Intentional Infliction of Emotional Distress, Intentional Misrepresentation, Fraudulent Conce...
2021.11.04 Motion to Sustain Demurrer 201
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...ppears to be referencing the Memorandum of Points and Authorities in Support of Petitioner's Ex-Parte Petition for Temporary or Permanent Administrative Mandamus and Complaint for Relief that was filed on July 1, 2021. (ROA 6.) On 7/14/21, the Court, having considered the arguments and evidence, both written and oral, of all parties, denied Petitioner's Ex Parte Petition for Temporary or Permanent Administrative Mandamus (“Ex Parte Petition”)...
2021.11.04 Motion for Preliminary Injunction 733
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...the property owned, possessed, and/or otherwise controlled by Plaintiffs -- Parcel No.: 09831305, Lot No.: 120, Tract Nox 2524, with the physical address of 9122 Washington Avenue, Westminster, California 92683 (“Subject Property”); (2) interfering with, disturbing, violating, and/or engaging in any other act, omission, and/or conduct that directly and/or indirectly causes harm, injury, and/or damage to Plaintiffs' quiet use and enjoyment of ...
2021.11.04 Motion to Expunge Lis Pendens 781
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ... may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.” Defendant argues that the notice of pendency of action should be expunged because of (1) Plaintiff's failure to comply w...
2021.11.04 Motion to Strike or Tax Costs 916
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...es o $1,5101.10 in deposition costs o $175.47 in service of process fees o $13,725.00 in expert witness fees; • The requested $19,825.00 in expert witness fees; • The $235.00 for filing and motion fees. Verification Cal. Rules of Ct., 3.1700(a)(1) requires that the memorandum of costs be verified. Plaintiff argues that the instant memorandum of costs is not verified. However, on 8/30/21, the court granted Defendant's Ex Parte Application For ...
2021.10.28 Motion to Stay, for New Trial 297
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.28
Excerpt: ...33.) Here, as an initial matter, the Court entered Judgment in this matter on 8/12/21. (ROA 432.) The Notice of Entry of Judgment was filed and served by electronic service on 8/24/21. (ROA 442.) On 9/7/21, Cross-Complainant and Defendants Majid Adassi, Happy Kids Nutrition, Inc., and Wijdan Adassi, as successor-in-interest to the estate of Shaheer Adassi filed a Notice of Intention to File Motion for New Trial. (ROA 448, 450.) The Court notes th...
2021.10.28 Motion for Right to Attach Order and Writ of Attachment 267
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.28
Excerpt: ...21 against Defendants MJA Restaurants, Inc. (“MJA”), 4G Wireless, Inc. (“4G”), James M. Burcar, and Does 1 through 20 for: 1. Breach of Written Contract; 2. Common Counts; and 3. Enforcement of Guaranty Plaintiffs leased property to Defendant MJA with Defendants 4G and Burcar signing as guarantors. Plaintiffs claim MJA failed to pay rent beginning in August 2019. A plaintiff may, upon the filing of the complaint or at any time thereafter,...
2021.10.28 Demurrer 540
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.28
Excerpt: ...0 is GRANTED, pursuant to Evidence Code section 452(d). First Cause of Action (“COA”) – Breach of Contract Defendant contends that the SAVC is ambiguous because the allegations make it unclear if Plaintiff is the titled owner or if Plaintiff is not on title and holds only a beneficial and equitable interest. No opposition was filed. Thus, Plaintiff effectively concedes all arguments made in the motion. The failure to challenge a contention ...
2021.10.28 Demurrer 246
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.28
Excerpt: ...�) filed by Plaintiffs LZ Costa Mesa LLC, Wave Plastic Surgery Center Inc., and LZ Management Group LLC (“Plaintiffs”). Ninth Cause of Action for Unfair Business Practices State Farm contends that the FAC fails to allege sufficient facts showing that Plaintiffs have standing as they fail to allege any real monetary or property loss with sufficient particularity, as well as fails to plead this cause of action with sufficient particularity, onl...
2021.10.20 Petition for Writ of Mandate 499
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ...1. Following the Court's sustaining of Respondent's demurrer for uncertainty, Petitioner filed the operative pleading, which is the FAP. Respondent sufficiently met and conferred with Petitioner regarding the issues in the demurrer and motion to strike as required under Code of Civil Procedure sections 430.41 and 435.5. DEMURRER: Government Code section 31721 (all further statutory references are to the Government Code unless otherwise stated) pr...
2021.10.20 Motion for Summary Judgment 010
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ... action for Motor Vehicle Negligence is without merit as a matter of law as PACIFIC is a business entity and did not operate any of the vehicles involved in the subject incident; and (2) Issue 2: Plaintiffs' 2nd cause of action for General Negligence is without merit as a matter of law as Plaintiffs' cannot establish that (i) PACIFIC owed Plaintiff CHAYA a duty of care on the date of the incident, (ii) PACIFIC breached any purported duty of care ...
2021.10.20 Motion for Camera Review of Certificates of Merit 926
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ... Court's review, in camera, the Certificates of Merit wherein Plaintiff complied with CCP § 340.1(g), as he submitted certificates of merit from his attorney and from a mental health practitioner who meets the requirements of the statute, and Plaintiff complied with CCP § 340.1(h), as Plaintiff's attorney executed a separate certificate of merit for each defendant named in the complaint. (ROA 37.) As to Plaintiff's motion, pursuant to CCP § 34...
2021.10.20 Motion to be Discharged and Dismissed from Action 095
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ... Clerk of the Court; (3) Cross- Defendants, and each of them, and their respective attorneys, be restrained from instituting or further prosecuting any other proceeding in any court in California for recovery against the bond; and (4) ACIC be permitted to dismiss itself from the cross-complaint without prejudice.” (Ex Parte App. 2:3-10.) In short, ACIC moves to be discharged and dismissed from this action, and for an award of costs and attorney...
2021.10.14 Motion to Set Aside Default 064
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
Excerpt: ...de any void judgment or order.” Defendant argues that default is void and should be set aside because the court did not have personal jurisdiction over Defendant or its predecessor-in-interest, FRMB, Inc. (“FRMB”) at the time of service, due to a defective service of process. Service on a corporation is governed by CCP § 416.10, which states, in part, as follows: “A summons may be served on a corporation by delivering a copy of the summo...
2021.10.14 Motion for Terminating, Evidentiary, or Issue Sanctions, for Monetary Sanctions 933
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
Excerpt: ...rrogatories, special interrogatories and requests for production, and deeming the first sets of requests for admissions admitted were granted. Defendants were ordered to serve their verified responses without objections before 01/09/20. Monetary Sanctions were ordered suspended until 01/09/20. If verified responses were not provided before 01/09/20, Defendant(s) were ordered to pay the entire amount of $2,120 to Plaintiffs and their attorneys. (S...
2021.10.14 Motion for Summary Judgment 316
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
Excerpt: ...nst them as Plaintiffs have no evidence that Individual Defendants breached any duty of care owed to Plaintiffs, and that Plaintiffs cannot demonstrate that Individual Defendants were negligent in the operation of Pacheco's vehicle based upon Requests for Admissions, Set One, propounded by Pacheco against Plaintiffs, that were deemed admitted. As of October 7, 2021, Plaintiffs, Maricar Regis, Philip H. Dorantes, The Duc Nguyen, Vu Phi Khac, and A...
2021.10.14 Motion for Attorney Fees 450
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
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.  (...
2021.10.14 Demurrer 869
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
Excerpt: ...ntiffs' counsel via e- mail on or about July 20, 2021, seeking to meet and confer on the First Amended Complaint; that they received an e-mail from Plaintiffs' counsel that did not resolve the issues in the demurrer; and that “[i]t is [counsel's] understanding that, as to the demurrer on the claims in the First Amended Complaint, the parties remain in disagreement.” (Declaration of Anthony Cartee, ¶¶ 2-4.) This is insufficient to establish ...
2021.10.07 Demurrer 080
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ... reports and orders of administrative agencies.”]) Demurrer Initially, the court notes that the requirements of CCP § 430.41 have not been satisfied, as Defendants have not submitted a declaration stating that meet and confer efforts occurred in person or by telephone. Nonetheless, rather than take the demurrer off calendar, the court, in its discretion, will rule as follows. Defendants' demurrer is based on the grounds that Plaintiff failed t...
2021.10.07 Motion for Camera Reviews of Certificates of Merit 926
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ...rtificates of merit shall be executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows, setting forth the facts which support the declaration: “1. That the attorney has reviewed the facts of the case, consulted with at least one mental health practitioner who the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in t...
2021.10.07 Motion for Judgment on the Pleadings 877
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ...t must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage.” (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248.) The specificity requirement...
2021.10.07 Motion for Summary Judgment, Adjudication 057
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ... and 10th causes of action alleged and on the issue of punitive damages as follows:  Issue No. 1: Plaintiff cannot maintain a claim against Defendants in his first cause of action for discrimination in violation of the Fair Employment and Housing Act (“FEHA”) because Plaintiff cannot establish a prima facie case of disability discrimination because Plaintiff cannot establish that he suffered from a disability.  Issue No. 2: Plaintiff ca...
2021.10.07 Motion for Summary Judgment, Adjudication 316
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ...tiffs' vicarious liability claims are barred by the Graves Amendment pursuant to 49 U.S.C. § 30106(a); (2) EAN had no duty to provide warnings beyond those required by the National Highway Traffic Safety Administration and the vehicle's manufacturer; and (3) EAN did not proximately cause Plaintiffs' injuries. Procedural Deficiencies in Plaintiffs' Separate Statement in Opposition “The opposition papers shall include a separate statement that r...
2021.09.30 Motion for Determination of Good Faith Settlement 823
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.30
Excerpt: ...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 found liable after a trial • the allocation of settlement proceeds among plaintiffs • the settlor's financial condition and insurance policy limits, if any • evidence of any collusion, fraud, or tortious conduct between the settlo...
2021.09.30 Motion to Compel Further Responses 003
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.30
Excerpt: ...t and conferred regarding the issues raised by the motions. FORM INTERROGATORIES Defendant claims that Plaintiff provided responses “in a strange draft format without identifying the case or responding party, without signature by an attorney despite containing objections, and also in an electronic only Word document.” Defendant requests that responses be provided with an attorney signature and via hard copy or PDF to prevent unintended modifi...
2021.09.30 Motion for Judgment on the Pleadings 815
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.30
Excerpt: ...bit A to the Declaration of Daniel R. Paluch. The Court GRANTS judicial notice of Exhibit A pursuant to Evidence Code section 452(c). The Court takes judicial notice of the existence of these documents and their legal effect. but the court does not take judicial notice of the truth of the matters which might be deduced therefrom. (See, Ragland v. U.S. Bank Nat. Assn. (2012) 209 Cal.App.4th 182, 194.) Merits. Defendant YGRENE contends Plaintiff's ...
2021.09.23 Motion for Summary Judgment 316
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.23
Excerpt: ... Action for Products Liability-Negligent Failure to Warn; Sixth Cause of Action for Breach of Implied Warranty of Merchantability for a Particular Purpose; Seventh Cause of Action for Breach of Warranty; and Ninth Cause of Action for Breach of Contract. Plaintiffs' Late Opposing Papers All opposition papers to a motion for summary adjudication must be served on the moving party and filed with the court at least 14 days before the date set for hea...
2021.09.23 Demurrer 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.23
Excerpt: ...ntiffs claim that FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs claim the insurance broker, Bizlinks, was negligent in failing to obtain proper insurance. The FAC states that the “novel coronavirus is mainly spread through airborne droplets containing the SARS-CoV-2 virus that … physically alter and damage the air, including the air withi...
2021.09.23 Application for Right to Attach Order 711
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.23
Excerpt: ... levying officer “property in defendant's possession.” (Application 1.d.(1).) Such property consists of “tangible personal property in the debtor's control or possession, which includes chattel paper, instruments, negotiable documents and certain types of securities.” (Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1108-1109.) Upon filing of the complaint, or at any time thereafter, a plaintiff may apply fo...
2021.09.23 Motion to Dismiss Causes of Action in Complain for Improper Venue 349
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.23
Excerpt: ...lows: “The proper venue for any proceeding at law or in equity shall be Maricopa County, Arizona. The parties hereto hereby waive any right to object to venue in Maricopa County, Arizona.” Plaintiff argues that Paragraph 18 is unenforceable under Labor Code § 925, which states, in relevant part, as follows: “(a) An employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree t...
2021.09.16 Motion for Summary Judgment 115
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ...he dangerous condition; and (4) the entity either created the condition, or had actual notice or constructive notice of its existence, and there was sufficient time before the injury for it to have taken remedial action.” (People ex rel. Dep't of Transportation v. Superior Ct. (1992) 5 Cal.App.4th 1480, 1484–1485 [citing Gov. Code § 835; Dominguez v. Solano Irrigation Dist. (1991) 228 Cal.App.3d 1098, 1102].) The City first argues that the s...
2021.09.16 Demurrer 232
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ...ction 51 et seq. under either of two grounds asserted: (1) a predicate violation of the American with Disabilities Act, 42 U.S.C. § 12181, et seq. (the “ADA”); and (2) an alleged intentional discrimination against disabled persons in the provision of facilities and services. As to the first ground, Defendant contends that the Complaint fails to allege any “nexus” between the alleged barriers encountered on the Website and the alleged con...
2021.09.16 Motion to Compel Deposition 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ...20; February 22, 2021; and March 16, 2021, without substantial justification despite Lone Oak's efforts to meet and confer in good faith; that Z-Wang cancelled the agreed-upon depositions for February 22, 2021 and March 16, 2021, at the last minute, and that Z-Wang's high blood pressure is an insufficient excuse to avoid deposition as he is in possession of information important to the issues in the lawsuit. Lone Oak also contends that monetary s...
2021.09.16 Motion to Compel Further Responses 877
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ... tracking the prevalence of the TIPM (Totally Integrated Power Module), Engine, and Transmission Defects plaguing Plaintiffs' vehicle, establishing that FCA previously knew of said defects but nevertheless refused to repurchase the vehicle. Plaintiffs claim the responses consist of pure, boilerplate objections and utterly non- responsive statements and that FCA has failed to provide any e-mails and other electronically stored information or searc...
2021.09.16 Motion to Strike 650
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ...ormerly known as California Creationz, Inc. Notwithstanding Plaintiff's failure to comply with the meet and confer requirements under Code of Civil Procedures sections 435.5 (motion to strike) and 439 (motion for judgment on the pleadings), the merits are discussed below. Plaintiff argues that California Creationz, Inc. was suspended, its name was taken by a third party, and now a California corporation under certificate number C4710227. Plaintif...
2021.09.09 Motion to Impose Issue, Evidentiary, or Terminating Sanctions, Monetary Sanction 731
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ... provides, in part, as follows: “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process: (a) The court may impose a monetary sanction ordering that one engaging in the ...
2021.09.09 Motion to Compel Arbitration 853
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ...ent West, LLC (which shows it's status is “suspended”) pursuant to Evidence Code section 452(c). The Court GRANTS Plaintiff's request for judicial notice of Exhibits 2 through 10 (A-1's Articles of Incorporation, A-1's Statement of Information, and MARIETTA'S Certificate of Organization, and Annual Registrations for MARIETTA for 2016-2021 only for the existence of these documents and their legal effect. but the court does not take judicial no...
2021.09.09 Motion for Entry of Judgment on the Pleadings 987
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ...tion, are barred by the two-year statute of limitations for breach of contract, and are uncertain, vague, and ambiguous. Defendants also contend that the second cause of action for Fraud is not pled with the requisite specificity as it fails to allege the specific representations made by Defendants to Plaintiff, whether they were made orally or in writing, and where they were made, as well as fails to allege any facts showing that Plaintiff relie...
2021.09.09 Motion for Determination of Good Faith Settlement 957
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ...Application was filed on June 29, 2021 and served by certified mail, return receipt requested. (See Application, Campo Decl., ¶¶ 6 and 7, Exh. A.) The Clerk of the Court filed and served notice that a Motion for Determination of Good Faith Settlement has been set for 9/9/21. (See ROA 58.) Defendant, Cross-Complainant, and Cross-Defendant Yuna Joo (“JOO”) filed her Opposition to the Application on August 26, 2021. JOO contends that her Oppos...
2021.09.09 Demurrers 711
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ...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. Girardi (2015) 235 Cal.App.4th 721, 733-734.) “The courts interpret discovery in thi...
2021.09.09 Demurrer 185
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: .... The FAC alleges that AmGUARD improperly denied coverage under its “all-risk” policy for alleged lost business income caused by the pandemic and related orders. The FAC alleges the following causes of action: 1. Breach of the implied covenant of good faith and fair dealing (against AmGUARD) 2. Breach of contract (against AmGUARD) 3. Negligence (against Western) The policies providing coverage from 3/30/19 to 3/30/20 and 3/30/20 to 3/30/21 ar...
2021.09.09 Motion to Strike 785
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ... and improper matters inserted in Plaintiff's First Amended Complaint, and failing to comply with prior court ruling. • Paragraph 8, lines 25 to 26 “(which is evidence of pre-determination that she was going to be terminated/placed on the re-employment list)” as irrelevant, false, and improper matters inserted in Plaintiff's First Amended Complaint, and failing to comply with prior court ruling. The District's Request for Judicial Notice Th...
2021.07.15 Motion for Leave to File FAC 980
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.15
Excerpt: ...tion 17200. Plaintiff dismissed the third cause of action for negligent infliction of emotional distress on 5/25/21. No future events are currently scheduled. The Complaint seeks punitive damages, which Plaintiff acknowledges is improper. She now seeks leave of court to file an amended FAC to claim punitive damages against a medical professional. The motion must be supported by affidavits stating facts sufficient to support a finding that there i...
2021.07.13 Motion to Compel Further Responses 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.13
Excerpt: ...ntend that Plaintiff's responses to Form Interrogatories, Set One (“FROG”), Nos. 9.2 and 17.1 relating to Requests for Admission (“RFA”) Nos. 1-3, 8-21, 73-86, 93-96, 98, and 103-104 are incomplete, evasive, and severely deficient. Specifically, they contend that responses to FROG No. 9.2 and FROG 17.1(d) relating to RFA Nos. 1-3, 8- 21, 73-86, 93-96, and 103-104 improperly refer the Ghaneian Defendants to almost 17,000 pages of documents...
2021.07.08 Motion for Relief from Entries of Default 508
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.08
Excerpt: ...uiz Declaration filed as of the date of the hearing on this Motion. Initially, proofs of services herein were filed on May 7, 2020 indicating the summons, complaint, and statement of damages were served on Defendants United States Karate Organization, Inc. and Joseph Anthony Pagliuso, Jr. [See ROAs, 8, 9] The filing of a proof of service creates a rebuttable presumption that the service was proper. [Floveyor Internat., Ltd. v. Superior Court (199...
2021.07.08 Demurrer 922
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.08
Excerpt: ...m for negligent misrepresentation as the Complaint fails to allege a misrepresentation and does not set forth facts demonstrating reasonable reliance or proximate causation of harm. Gates further contends that Plaintiff claims contractual damages which is recoverable through the other causes of action such that the cause of action is deficient, redundant and improper. Plaintiff Mindi Miller (“Plaintiff”) contends that the negligent misreprese...
2021.07.08 Motion for Summary Judgment, Adjudication 904
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.08
Excerpt: ...sed in Plaintiff's Complaint. Plaintiff filed a verified complaint on 11/15/16 against Defendants relating to a residential foreclosure. Plaintiff alleges the following causes of action: 1. Breach of loan modification; 2. Breach of the implied covenant of good faith and fair dealing; 3. Violation of Civil Code section 2923.6; 4. Violation of Civil Code section 2923.7; 5. Violation of Civil Code section 2924.10; 6. Negligence; and 7. Unfair Busine...
2021.07.08 Motion to Continue Trial 395
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.08
Excerpt: ...deposition of the three parties and of third-party witness Kimberly Nordstrom have not yet occurred and a dispute concerning scheduling of the depositions exists; and (3) the parties are faced with a discovery cut-off date of July 8, 2021 and a motion cut-off date of July 23, 2021 in light of the August 9, 2021 trial date. In Opposition, Plaintiff contends there is no good cause for a continuance of the trial date because all four depositions hav...
2021.07.01 Motion to Compel Arbitration 173
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.01
Excerpt: ... Defendant, by signing an arbitration agreement on February 11, 2019 (the “Agreement”), which encompasses all of Plaintiff's claims in this lawsuit. Defendant also contends that the Federal Arbitration Act (“FAA”) governs the Agreement and that both the FAA and California law require arbitration of Plaintiff's claims as the Agreement is enforceable, and that neither the narrow carve out permitting Defendant to file an action in court for ...
2021.07.01 Motion for Summary Judgment, Adjudication 092
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.01
Excerpt: ...f in a Kaiser Permanente parking lot causing her severe harm. The motion seeks summary judgment, or alternatively, summary adjudication as to the following issues: 1. The cause of action for negligence has no merit because Bourgoyne acted outside the scope of his employment, and therefore, respondeat superior is not applicable. 2. The cause of action for negligent hiring, supervision, and/or retention of employee has no merit because there is no ...
2021.06.24 Motion to Strike 408
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.24
Excerpt: ... 1990s. In March 2020, he suffered disabilities and medical issues. Defendant knew of his issues since he had suffered other workplace injuries since mid-2017. Defendant stated it was laying him off in March 2020 because of the alleged slowdown caused by the pandemic. He was permanently terminated in September 2020. There was no slowdown and Defendant remained busy. The pandemic was a pretext to lay him off. When he was laid off, he was the secon...
2021.06.24 Motion to Quash Deposition Subpoena for Production of Business Records 246
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.24
Excerpt: ... pursuant to Code of Civil Procedure sections 1987.2 and 2023.010. Pursuant to C.C.P. §1987.1(a), upon motion by a party to an action, a Court “may make an order quashing [a] subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court shall declare, including protective orders.” Additionally, “the court may make any other order as may be appropriate to protect the person from unreasonable o...
2021.06.24 Motion to Compel Deposition, Production of Docs 899
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.24
Excerpt: ...otion brought under this provision shall: (1) “set forth specific facts showing good cause justifying the production for inspection of any document…described in the deposition notice;” and (2) “be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition …by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” Per CCP �...
2021.06.17 Motion to Conduct Pre-Trial Discovery of Financial Condition 768
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.17
Excerpt: ...ivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. Such order shall not be considered to be a determination on the merits of the claim or any defense thereto and shall not be given in evidence or referred to at the trial.” As cited by Defendant, in Jabro v. S...
2021.06.17 Motion for Entry of Judgment 616
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.17
Excerpt: ... within the time granted him by the Court pursuant to its February 3, 2021 Minute Order. Whether the FAC Was Timely Filed. On February 3, 2021, the Court granted NATIONSTAR'S motion for judgment on the pleadings with 20-days leave to amend. (See 2/3/21 M.O., ROA 84.) NATIONSTAR contends that Plaintiff's deadline to file the FAC was February 24, 2021 based on the Court's February 3, 2021 Order. In Opposition, Plaintiff contends it had until March ...
2021.06.17 Demurrer 869
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.17
Excerpt: ...on. Moving Defendants contend that the first cause of action does not allege facts showing an inadequate remedy at law, and that specific performance is not allowed where remedies at law, such as monetary damages, are available. They also contend that the fourth cause of action is not pleaded with the requisite specificity as to any misrepresentation and resulting damages. Plaintiffs Alex Paleo (“Paleo”) and Ivan Valdez (“Valdez”) (collec...
2021.06.10 Demurrer 450
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ... Services Agreement” (Complaint, Exh. A). Within 90 days after Defendant placed underwriters as potential, permanent employees with Plaintiff, they left for a competing company. Plaintiff claims Defendant knew the competitor was soliciting certain employees to work for it prior to Defendant placing them with Plaintiff and was substantially certain they would leave Plaintiff to work for the competing company. Meet and Confer: Defense counsel spo...
2021.06.10 Motion for Leave to File FAC 246
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...ging allegations for DOEs 1-30, should Plaintiffs discover they need to add another party as a DOE. (Jenkins Decl. ¶9; Exhibit "7"). Pursuant to CCP §473(a)(1), this Court may, “in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading…” Additionally, pursuant to CCP §576, “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be p...
2021.06.10 Motion for Summary Judgment 913
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...ction for Money Had and Received, Fifth Cause of Action for Unjust Enrichment (misnumbered the fourth cause of action in the Complaint), Sixth Cause of Action for Accounting (misnumbered the fifth cause of action), and Seventh Cause of Action for Set Aside of Fraudulent Transfer Under the Uniform Voidable Transactions Act (misnumbered the sixth cause of action) (the “Motions”). Defendants contend that each of Plaintiff's seven causes of actio...
2021.06.10 Motion for Relief from Default, Judgment 637
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...ter, on 3-19-2021, a default judgment was entered as to Defendants HB Auto AC, Inc., and Christopher Ramirez in the amount of $31,750 (ROA 35). Pursuant to CCP §473(b), this Court “may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” However, “It is the ...
2021.06.10 Motion to Compel Further Responses 223
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...ponses to (1) Form Interrogatory 15.1 as it relates to the 1st-10th, 12th-13th, 15th-17th, and 19th-25th affirmative defenses, and (2) Form Interrogatory 17.1 as it relates to Requests for Admission 1, 2, 3, 4, 6, 7, 8, 9, 11, 15, 16-19, 21, 24, and 27-77. Form Interrogatory 15.1 Plaintiff fails to respond to subsections (b) and/or (c). To the extent that Plaintiff references other documents and does not summarize the contents of the same so that...
2021.06.10 Motion to Dismiss for Improper Venue 349
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...; Neal Decl. ¶ 10.) Paragraph 18 of the Agreement states as follows: The proper venue for any proceeding at law or in equity shall be Maricopa County, Arizona. The parties hereto hereby waive any right to object to venue in Maricopa County, Arizona. “A defendant may enforce a forum-selection clause by bringing a motion pursuant to sections 410.30 and 418.10, the statutes governing forum non conveniens motions, because they are the ones which g...
2021.06.03 Petition for Writ of Mandate 499
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.03
Excerpt: ...etitioner appears to be seeking reinstatement of her position with reasonable accommodations – 45 minute rest breaks with only 15 minutes of work to which Respondent would not agree. Petitioner also alleges she was denied “grievance and discrimination” procedures. Respondent properly demurs to this Petition pursuant to Code of Civil Procedure section 430.10, subds. (e) and (f) for insufficient facts and uncertainty, respectively. (SJJC Avia...
2021.06.03 Motion to Strike 473
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.03
Excerpt: ...of good faith and fair dealing; 6. Interference with economic relations; 7. Intentional interference with prospective business relations; 8. Negligent interference with prospective business relations; and 9. Declaratory relief and injunctive relief. On 9/22/20, Kemp cross-complained against AHC and Prasla. On 12/8/20, he filed a First Amended Cross-Complaint (FACC) alleging: 1. Violation of 15 USC Sections 1635 et seq.; 2. Violation of CA Financi...
2021.06.03 Motion for Summary Judgment, Adjudication 442
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.03
Excerpt: ...s.” Therein, it alleges that Defendant became indebted to Plaintiff: (1) “on an open book account for money due”; (2) “on an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff”; (3) “for money lent by plaintiff to defendant at defendant's request”; (4) “for money paid, laid out, and expended to or for defendant at defendant's special instance and req...
2021.06.03 Demurrer, Motion to Strike 604
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.03
Excerpt: ...ants Villas Aliento Partners, LP and Western National Securities dba Western National Property Management, the owners and/or management company of the subject property, for: 1. breach of warranty of habitability (Civ. Code, § 1941.1); 2. breach of warranty of habitability (Health & Saf. Code, § 17920.3); 3. breach of warranty of habitability (Civ. Code, § 1942.4); 4. negligence – premises liability; 5. Nuisance; 6. Battery; 7. intentional in...
2021.05.27 Motion to Compel Further Responses 866
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.27
Excerpt: ...cl., ¶¶ 12-13, Exhs. H-O.) Arguments: Ton claims that Thuy Nga responded to RFAs that it does not have documents to sufficiently determine the profits and losses from the VStar and New Wave television programs by first stating it had them, then changing the response to state Vietface has them, and then stating it was “informed and believed” that Vietface had them, even though Vietface, under oath, already denied having them. Ton argues the ...
2021.05.27 Motion to Compel Further Responses 637
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.27
Excerpt: ...42, 48-50, 52-54, 56, 58, 60, 64, 68, 70, 71, and 73. Meet and Confer: The parties exchanged multiple correspondences and telephone calls and are now at an impasse. (Castaneda Decl., ¶¶ 18-43.) They have sufficiently met and conferred. Separate Statement: Plaintiff argues the separate statement was not procedurally proper in that it requires the reader to refer to different parts of the document and that it improperly included multiple motions ...
2021.05.20 Motion for Summary Judgment, Adjudication 376
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.20
Excerpt: ...pport of the summary judgment motion. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.” (emphasis added). Nanigans moves, in the alternative, for summary adjudica...
2021.05.20 Motion for Relief from Waiver of Discovery Responses, to Compel Responses, Deposition 209
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.20
Excerpt: ...of sending the entire amount to plaintiff. The Court seriously questions the logic and legal basis of plaintiff's counsel argument that he is entitled to the agreed upon settlement amount without consideration of the lienholder's lien. Nonetheless, as there did not appear to be a meeting of the minds, the Court vacated the judgment on 11/20/20 per Ford's request. Immediately following that ruling, in attempting to play a procedural game of “got...
2021.05.13 Demurrer 891
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.13
Excerpt: ... 7th causes of action for trade secret misappropriation, intentional interference with prospective economic relations, conversion, unfair competition, and unjust enrichment asserted against Defendant CARRILLO, Defendants demur on the grounds that the alter-ego allegations and agency allegations upon which Plaintiff relies in order to assert liability against her are insufficiently pleaded. Defendants contend the SAC fails to plead the necessary f...
2021.05.13 Motion for Summary Adjudication 110
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.13
Excerpt: ...laintiffs. 2. Plaintiffs' third cause of action for violation of the Consumer Legal Remedies Act lacks merit entitling Defendant to summary adjudication as a matter of law because Plaintiffs cannot prove Defendant induced them to buy or enter into a lease, they provided improper notice, and misdirected the notice to a third-party and not to Defendant's principal place of business. 3. Plaintiffs' fourth cause of action for intentional infliction o...
2021.05.13 Motion to Quash Deposition Subpoenas 866
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.13
Excerpt: ... filed. Given that both subpoenas are identical, the matters may be addressed by this single motion. Timeliness: Code of Civil Procedure section 1985.3, subdivision (g) provides, in pertinent part, that “[a]ny consumer whose personal records are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash o...
2021.05.13 Motion for Determination of Good Faith Settlement 706
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.13
Excerpt: ...le with one of several joint tortfeasors without releasing the others. 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 f...
2021.05.06 Motion to Strike, to Tax Costs 934
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ...which extended to claims not at issue in the pending lawsuit and; (2) it was uncertain and not capable of valuation because it required Plaintiff to satisfy “any and all liens” as part of the offer. Whether Defendants' Offer to Compromise Was Invalid. The Offer to Compromise states: “Scott Gray and Lana Thi Gray ("defendants") offer to settle with plaintiff Jana Pierce ("plaintiff") pursuant to the provisions of Section 998 of the Californi...
2021.05.06 Motion to Disqualify Counsel 149
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ... and 1.13. Rassman also contends that Aplin is subject to mandatory disqualification because the Cross-Complaint is a direct and shareholder derivative action on behalf of New Hair Institute Medical Group, a California Professional Corporation and the case involves Aplin's concurrent representation of a corporation and shareholders resulting in a conflict of interest that is nonwaiveable. An opposition was filed by Plaintiffs and Cross-Defendants...
2021.05.06 Motion to Compel Production of Docs 525
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ...s responsive to those demands. 3. Produce all documents responsive to MFH's Requests for Production, Set One Nos. 1, 2, 29-37, seeking OBCI's financial records, consistent with OBCI's statements of compliance. 4. Produce further all documents responsive to the corresponding demands in MFH's Notice of Deposition to OBCI's Person Most Qualified (which contains document requests substantially identical to MFH's Requests for Production) and appear fo...
2021.05.06 Motion to Compel Further Deposition 556
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ... amount of $2,280 for attorney's fees and costs incurred in bringing this motion pursuant to Code of Civil Procedure sections 2023.010 and 2030.300 (the “Motion”). Defendants contend that Plaintiff's witness, his father, Jose Palomera, attended his noticed deposition on August 25, 2020, but that Plaintiff's counsel of record asserted erroneous objections and instructed Plaintiff's witness not to answer, and that although defense counsel attem...
2021.05.06 Demurrer 956
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ...fficient to support a cause of action as Plaintiff fails to allege when the vehicle was out of service for more than 30 days. In general, statutory causes of action must be pleaded with particularity. (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790.) Civil Code section 1793.2 applies to manufacturers of consumer goods sold in the state of California, and sets forth a manufacturer's obligations for goods for which it has made an ...
2021.04.29 Motion to Strike Complaint 450
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ...d States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party movin...
2021.04.29 Motion to Strike 473
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ... United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party...
2021.04.29 Motion to Compel Responses 055
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ...ion is timely as Defendant never served verified responses, and that even assuming the 45-day time frame applied, the parties agreed to extend the deadline for a motion to compel to 2/19/21. Plaintiff also contends that despite good faith meet and confer efforts to which Defendant's counsel did properly engage, Defendant fails to provide proper further responses and that Defendant interposes boilerplate, meritless objections. Plaintiff also conte...
2021.04.29 Motion for Summary Judgment, Adjudication 763
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ...ly no conduct that qualifies as severe or pervasive not any harassing conduct that is related to his actual or perceived disability 2. The Second Cause of Action for Disability Discrimination should be summarily adjudicated in favor of the City because Plaintiff failed to timely exhaust administrative remedies, he failed to produce prima facie evidence of discriminatory motive, and because the City can show legitimate, non-discriminatory reasons ...
2021.04.29 Demurrer, Motion to Strike 153
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ...e case (i.e., Eldercare is Doe 1). The Elder Abuse and Dependent Adult Civil Protection Act, codified at Welfare & Institutions Code §§ 15600, et seq., makes certain enhanced remedies available to a plaintiff who proves abuse of an elder, i.e., a “person residing in this state, 65 years of age or older.” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 404.) The elements of a claim for physical elder abuse are: (1...
2021.04.22 Demurrer 265
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.22
Excerpt: ...ents of principal and interest of $10,607.92 each, and one final principal and interest payment of $108,595.70. The note is attached 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. In the demurrer, defendant argues plaintiff is barred from suing on...
2021.04.22 Motion to Strike Punitive Damages 168
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.22
Excerpt: ...ce that the defendant has been guilty of fraud, oppression or malice, punitive damages may be recovered. Driving while intoxicated is not enough to support allegations of punitive damages, but driving in a way which enhances an appreciable risk to others may warrant those damages. (See Taylor v. Superior Court (1979) 24 Cal.3d 890 [punitive damages allegations supported where defendant was a long time alcoholic with a record of arrests and convic...
2021.04.22 Demurrer 473
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.22
Excerpt: ...er tests the pleading alone and not the evidence or other extrinsic matters which do not appear on the face of the pleading or cannot be properly inferred from the factual allegations of the complaint.” (Exec. Landscape Corp. v. San Vicente Country Villas IV Assn. (1983) 145 Cal. App. 3d 496, 499.) This principle means that if the pleading sufficiently states a cause of action the demurrer cannot be granted on the basis of a showing of extrinsi...
2021.04.15 Motion to Transfer Venue 508
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.15
Excerpt: ...n Eureka, California, on the grounds venue is not proper in this county because none of the Defendants reside in Orange County. Because the two motions seek the same relief and are essentially identical, the Court will analyze both Motions simultaneously below. Code of Civil Procedure section 395 states in pertinent part as follows: “(a) Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings...
2021.04.15 Motion for Protective Order 057
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.15
Excerpt: ...es, (3) displaying a lack of decorum and civility at depositions, (4) refusing to stipulate regarding production of witnesses at time of trial, and (5) refusing to produce documents reviewed in preparation for deposition contrary to the California Evidence Code section 771, and the California Code of Civil Procedures. Based on such conduct, Plaintiff moves the Court to order a discovery referee at cost to Defendants pursuant to C.C.P. section 639...
2021.04.15 Demurrer 750
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.15
Excerpt: ...plaint, and for the sake of clarifying the record, the court ordered Plaintiff to separately file the same by the end of the next business day. (ROA 291 [2/4/21 Minute Order].) The court notes that Plaintiff represents in its opposition brief that subsequent to the 2/4/21 hearing, it attempted to file the FAC but the clerk's office rejected the same, stating “First Amended Complaint already filed 3/11/2020.” Plaintiff further represents that ...
2021.03.25 Motion to Set Aside Court's Denial of Motion for Summary Judgment, Adjudication 297
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...edure sections 1008, 437c, and 1170.7. Majid contends that there are new or different facts as follows: (1) establishing that Majid being a party to a contract or transaction is an element for each of the six causes of action; (2) clarifications to the Declaration of Majid Adassi that he did not sign any of the invoices in the Second Amended Complaint (“SAC”) which rebukes the Declarations of Mohamad Odeh and Ashraf Sulaiman for lack of found...
2021.03.25 Motion to Lift Arbitration Stay 057
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...y certain fees and costs before the arbitration can proceed, if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel arbitration under Section 1281.2. “(b) If the drafting party materially breaches the arbitration agreement and is in default under subdivision (...
2021.03.25 Motion for Leave to File Complaint-in-Intervention 059
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...uperior Court (1997) 60 Cal.App.4th 342, 346.) CCP § 387(b) is a compulsory joinder provision which states that a nonparty has the right to intervene in litigation between others where he claims an interest in the property or transaction involved in such litigation, and is so situated that any judgment rendered in his absence “may as a practical matter impair or impede that person's ability to protect that interest ... ” Intervention by an i...
2021.03.25 Motion for Determination of Good Faith Settlement 878
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...in and Ironhorse for indemnification, apportionment of fault, and declaratory relief. On 11/9/20, Andrade filed an application for a determination of a good faith settlement with plaintiff. On 11/25/20, Tarin and Ironhorse cross-complained against Andrade for indemnification, declaratory relief, apportionment of fault, and equitable indemnity. On 12/1/20, this court stated by minute order that any party objecting to the settlement must file an ob...
2021.03.25 Demurrer, Motion to Strike 186
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ... Inc and Orange County Coatings, Inc. (collectively, “Garage Coatings”) failed to comply with Sections 20.7 and 20.8 of the franchise agreement (“Franchise Agreement”), which is attached as Exhibit B of the SACC. It states as follows: “20.7 Prior Notice of Claims. As a condition precedent to commencing an action for a Claim, you must notify us within thirty (30) days after the occurrence of the violation or breach, and failure to timely...
2021.03.25 Application for Right to Attach Order 003
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...er against defendant on 12/1/20. The plaintiff has the burden of proving: that the claim is one on which an attachment may be issued; the probable validity of such claim; and that the attachment is not sought for any purpose other than to secure recovery on the claim. (Code Civ. Proc., §484.090.) Types of claims subject to attachment: A claim upon which an attachment may be issued is a claim (1) for money based upon a contract, express or implie...
2021.03.18 Motion for Summary Judgment 506
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.18
Excerpt: ...) There is no evidence to support Plaintiff's First Cause of Action for “Motor Vehicle” and Count MV-2(d) as against EMMANUEL C. AGUIRRE, JR., and CATHERINE ELIZABETH AGUIRRE; (2) There is no evidence to support Plaintiff's Second Cause of Action for “Negligence”/ “Negligent Entrustment”, as against EMMANUEL C. AGUIRRE, JR., and CATHERINE ELIZABETH AGUIRRE; (3) There is no evidence to support Plaintiff's Third Cause of Action for “N...

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