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2023.08.10 Demurrer 480
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.10
Excerpt: ...tiff, Ahmad Tukhi was then pending. (ROA 127.) On 07/06/23, Attorney Peacock's Motion to be Relieved as Counsel was granted with counsel ordered to resubmit a proposed order with the required information. (ROA 146.) On 07/07/23, a proposed order was resubmitted. (See ROA 147.) Said order has now been signed by the Court. The order relieving Attorney Peacock as counsel of record for Plaintiff is effective upon counsel filing proof of service of a ...
2023.08.10 Demurrer 671
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.10
Excerpt: ...nvironment “To establish a prima facie case of a hostile work environment, [Plaintiff] must show that (1) she is a member of a protected class; (2) she was subjected to unwelcome harassment; (3) the harassment was based on her protected status; (4) the harassment unreasonably interfered with her work performance by creating an intimidating, hostile, or offensive work environment; and (5) defendants are liable for the harassment.” (Ortiz v. Da...
2023.08.03 Motion for Summary Judgment 587
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.03
Excerpt: ...r that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c(a)(1).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth ...
2023.08.03 Motion for Attorney Fees 749
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.08.03
Excerpt: ...t Plaintiff on November 3, 2022. (ROA 48.) Plaintiff's Motion for Reconsideration was denied on February 16, 2023. (ROA 56.) Defendants seek an award of attorney fees based on the lodestar with a 1.5 multiplier. Defendants contend the requested multiplier is reasonable because this was a contingency case that involved significant legal and political issues. As an initial matter, the Court notes that on February 21, 2023, Plaintiff filed a Notice ...
2023.07.27 Motion to Stay All Discovery 884
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.27
Excerpt: ...y in violation of California Vehicle Code section 21954(b); that Defendant, thus, could be charged with vehicular manslaughter in violation of Penal Code section 192(c)(2), driving as an unlicensed driver in violation of Penal Code section 12500(a), and failing to exercise due care for the safety of a pedestrian upon a roadway in violation of California Vehicle Code section 21954(b); that there is no statute of limitations for vehicular manslaugh...
2023.07.27 Motion for Summary Judgment, Adjudication 736
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.27
Excerpt: ... eighth causes of action. The court already ruled in favor of Defendants on these causes of action and therefore the Motion for Summary Adjudication is MOOT as to the first, second, third, fourth, sixth, seventh, and eighth causes of action. On January 19, 2023, the court denied summary adjudication as to the fifth cause of action for violation of Government Code section 12940(n). Thus, only one cause of action remains: Plaintiff's fifth cause of...
2023.07.27 Motion for Summary Judgment 139
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.27
Excerpt: ...d on “Promissory Fraud” has no merit pursuant to Code of Civil Procedure Section 437c(f)(1). The cause of action (1) is for an illegal object; and/or (2) there is no triable issue of material fact as to the element of “intent not to perform.” • The 2nd Cause of Action for “Declaratory and Injunctive Relief” has no merit pursuant to Code of Civil Procedure Section 437c(f)(1) . The cause of action is for an illegal object in that is s...
2023.07.27 Demurrer, Motion to Strike 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.27
Excerpt: ...inst it, Will-Work contends that the Complaint fails to allege any facts regarding Will-Work. In opposition, Plaintiff contends that it seeks to hold Will-Work liable under a theory of agency, aiding and abetting, conspiracy or joint venture as alleged in Paragraphs 11 and 15-18 of the Complaint. (Oppn. at 2:28-4:14.) Under these theories, Will-Work could potentially be held liable for the acts of other Defendants. CCP §425.10(a)(1) provides a C...
2023.07.20 Demurrer 345
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.20
Excerpt: ... sexually abused and harassed by defendant J.M., who was one of her teachers at Tustin High School. (Compl. ¶¶11, 27.) TUSD contends that Plaintiff fails to allege facts sufficient to constitute a cause of action against TUSD because Plaintiff fails to allege any facts demonstrating that TUSD had prior notice of J.M.'s previous misconduct. (Dem. at 5:7-9.) Rather, according to TUSD, the Complaint lacks particularity and is instead based on boil...
2023.07.20 Demurrer 194
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.20
Excerpt: ...g of this Demurrer and Motion to Strike. Request for Judicial Notice Defendant requests judicial notice of an April 28, 2021 Order Appointing Expert filed in Juvenile Case No. 21DP0344, In re the Matter of: Mia Phan, of the Orange County Superior Court. The Request for Judicial Notice is GRANTED. (Evid. Code, § 452(d).) Merits Though the Complaint does not expressly name the causes of action asserted, Plaintiff alleges that Defendant was neglige...
2023.07.20 Motion for Discovery Protective Order 356
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.20
Excerpt: ... prohibiting/limiting discovery as follows: (1) Plaintiff is protected from disclosing any and all current and future employers from any further request made by or on behalf of the Defendant, its agents, or attorneys; (2) No further subpoenas should be issued regarding employers of Plaintiff; (3) Defendant should be precluded from requesting further information related to Plaintiff's previous, current or future employers. As an initial matter, th...
2023.07.20 Motion for Summary Judgment 807
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.20
Excerpt: ...l Procedure section 338(b) for this permanent private nuisance, and that no private nuisance existed based on testimony from Matthew Cosylion, the Code Enforcement Supervisor for the City of Newport Beach, who stated there was no violation of any Newport Beach Municipal Code (“NBMC”) ordinance. Defendants also argue that there is no triable issue of fact as to Plaintiff's Second Cause of Action for Violation of Newport Beach Municipal Code se...
2023.07.20 Motion to Strike 517
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.20
Excerpt: ...l to state facts sufficient to support a claim for punitive damages against Cross-Defendants as required by Civil Code section 3294, as the alleged acts by Cross-Defendants amount to a neighbor dispute but does not meet the standard of conduct necessary for punitive damages, and thus, should be stricken. Cross-Complainants contend that the motion should be denied as the conduct enumerated in the Cross-Complaint is despicable, with willful and con...
2023.07.13 Motion to Tax Costs 245
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.13
Excerpt: ...“MOC”) here was filed 2/21/2023 and seeks $119,014.12 in costs. Under CRC 3.1700(a)(1), a prevailing party who claims costs must serve and file a MOC: “within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under [C.C.P. § 664.5] or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first” plus additional time bas...
2023.07.13 Motion to Compel Further Responses 846
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.13
Excerpt: ...ch individual identified in Special Interrogatory No. 10.” Defendant objected to both of the above interrogatories on the grounds that the interrogatories seek information protected by the right to privacy, HIPAA and CMIA. Defendant also objected on the grounds that the interrogatories seek documents which are not relevant and not reasonably calculated to lead to the discovery of admissible evidence. Legal Standard “[A] civil litigant's right...
2023.07.13 Motion to Compel Further Production of Docs 973
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.13
Excerpt: ...d signed the verification attesting: “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” (Code Civ. Proc., §§ 2015.5 and 2031.250.) Next, Defendant is ORDERED to produce the documents that it stated would comply in part and produce certain documents in its responses to the Request for Production. Defendant stated that it would produce documents in response to Request for Pro...
2023.07.13 Motion for Sanctions, for Terminating Sanctions
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.13
Excerpt: ... March 6, 2023, including exhibits therein, from the trial record. The Shenzhen Defendants also seek an order imposing monetary and terminating sanctions. The Shenzhen Defendants contend that Plaintiffs' prior counsel inappropriately obtained financial records pursuant to a subpoena for business records on JP Morgan Chase Bank, after the Shenzhen Defendants objected to written discovery seeking financial records, and despite Plaintiffs' counsel's...
2023.07.13 Demurrer 742
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.13
Excerpt: ...ornia Rules of Court, rule 2.112(3) and (4), and does not identify against which of the defendants each cause of action is brought, and alleges different theories of negligence against each defendant under the Fifth Cause of Action for Negligence. BP America also contends that punitive damages is not available as a form of damages in negligence actions. BP America additionally contends that the First Cause of Action for Assault and Second Cause o...
2023.07.06 Motion to Stay Proceedings 762
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.06
Excerpt: ... defendant entity (Creative Outdoor Distributor USA, Inc. (“COD”)) has convened a special committee to review Plaintiff's allegations of wrongdoing. Per Tang, the action should be stayed while the special committee investigates the allegations. The First Amended Complaint alleges that Plaintiff initially notified the Board of the wrongdoing alleged herein on 9/14/22, by way of letter. The letter demanded the Board take immediate remedial acti...
2023.07.06 Motion for Undertaking 536
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.06
Excerpt: ...030. The Property Defendants assert that based on Plaintiff's discovery responses and deposition testimony, Plaintiff has been residing out of the State of California in Nevada since August 2020, and that there is a reasonable possibility that Property Defendants will obtain judgment in this action because JBCC, Bristol Retail, and Athena had no actual or constructive knowledge of the alleged dangerous condition of sandbags being placed at the en...
2023.07.06 Motion for Summary Judgment, Adjudication 498
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.07.06
Excerpt: ...iolations; Plaintiff cannot establish a First Amendment retaliation claim because he failed to provide evidence that he engaged in any speech activities or that the speech was a matter of public concern; and Plaintiff cannot establish a First Amendment retaliation claim because he suffered no adverse action; 2. ISSUE NO. 2: the second cause of action under Government Code sections 3502 and 3506 has no merit because the Public Employment Relations...
2023.06.15 Motion to Strike 194
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.06.15
Excerpt: ...rty who filed the pleading subject to the motion to strike and must file and serve with a motion to strike a declaration concerning the meet and confer, pursuant to Code of Civil Procedure section 435.5. Here, Defendant has filed no declaration showing that the required meet and confer in person or by telephone occurred. Further, Plaintiff's counsel's declaration demonstrates that her attempts to meet and confer regarding this Motion to Strike we...
2023.06.15 Demurrer to TAC 891
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.06.15
Excerpt: ...any ultimate facts sufficient to support an alter ego theory of liability. Plaintiff argues that the ultimate facts regarding alter ego liability alleged in the TAC are sufficient to support all causes of action against Defendant and that Defendant has failed to address the partnership, employment, and independent contractor theories of liability, thereby conceding the same. The Court previously sustained Defendant's demurrer to the SAC on the gr...
2023.06.08 Motion to Dismiss, for Monetary Sanctions 234
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.06.08
Excerpt: ...barred by the contractual statute of limitations. Defendants contend that the employment agreement signed by Plaintiff states that he must bring a complaint within the time prescribed by law or six months from the date of the event forming the basis of the lawsuit, whichever expires first; Plaintiff's complaint was filed on May 26, 2020, over two years after his employment was terminated on May 24, 2018; courts routinely enforce such contractual ...
2023.06.08 Demurrer to FAC 599
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.06.08
Excerpt: ...dequately alleged breach and causation. A negligence action requires a showing that the defendant owed the plaintiff a legal duty, that the defendant breached the duty, and that the breach was a proximate or legal cause of injuries suffered by the plaintiff. (Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 673 disapproved of on other grounds by Reid v. Google, Inc. (2010) 50 Cal.4th 512.) “The existence of a duty is a question of ...

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