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2022.08.25 Motion for Summary Judgment 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ...consent, and election of remedies. Issue Three: Plaintiffs' 3rd CoA for an equitable lien against LONE OAK is barred by the equitable doctrines of laches, waiver, ratification, consent, and election of remedies. Issue Four: Plaintiffs' 4th CoA for an injunction against LONE OAK is barred by the equitable doctrines of laches, waiver, ratification, consent, and election of remedies. Request for Judicial Notice by LOAN OAK. LOAN OAK requests the Cou...
2022.08.25 Demurrer to SAC 126
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ...e objections to be raised in the demurrer.” Here, the Declaration of Defense Counsel, Edmond Menchavez establishes that he sent a meet and confer “correspondence” on 4/25/2022 (Decl. of Menchavez ¶2); and, attempted to call Plaintiff's counsel on the same date but was unable to reach Plaintiff's counsel. (Id. ¶3) Despite the meet and confer correspondence and leaving a message, Plaintiff's counsel has not responded to the meet and confer ...
2022.08.25 Demurrer 738
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ...mitations. LPL contends that Plaintiff's claims for breach of fiduciary duty and financial elder abuse in connection with Plaintiff's investment in Northstar Healthcare REIT (“Northstar REIT”) are barred by the three-year statute of limitations under Code of Civil Procedure section 338, and four-year statute of limitations under Welfare & Institutions Code section 15657.7, respectively. LPL contends that allegations in the Complaint, the docu...
2022.08.18 Motion to Strike 203
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ...roc., § 2031.310(a).) The motion must set forth specific facts showing good cause to justify the discovery sought and be accompanied by a declaration stating facts showing a “reasonable and good faith attempt” to resolve informally the issues presented by the motion before filing the motion. (Code Civ. Proc., §§ 2016.040, 2031.310(b)(1)(2).) The Court finds that Plaintiff satisfied the meet and confer requirement before filing this Motion....
2022.08.18 Motion to Compel Further Answers 341
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ... provided inadequate and insufficient responses to SPROG, Nos. 4 and 10 which seek relevant and essential facts to Plaintiff's claims of negligence; that Plaintiff failed to respond to Defendant's two meet and confer letters; that the motion is timely; and Plaintiff's failure to provide adequate or further responses is willful and without substantial justification such that Defendant requests that the Court order monetary sanctions in the amount ...
2022.08.18 Motion to Compel Deposition 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ...r Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored inf...
2022.08.18 Motion for Summary Judgment, Adjudication 234
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ...REEM cannot state a prima facie case, FEDEX had legitimate, non- discriminatory reasons for firing FREEM, and FREEM has no substantial evidence of evidence of pretext. Issue 2: Defendant FEDEX is entitled to summary adjudication on Plaintiff's 1st CoA for age discrimination because FREEM cannot state a prima facie case, FEDEX had legitimate, non- discriminatory reasons for not promoting FREEM to fleet manager, FREEM has no substantial evidence of...
2022.08.18 Application for Alternative Writ of Traditional Mandate and Adminstrative Mandate 678
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ...their statutory duties under Government Code, section 8630, and/or Health & Safety Code, section 101080, to review local, County conditions to determine whether such conditions warrant terminating the local state of emergency and/or local health emergency (hereinafter collectively “Emergencies”) declared by Respondents on February 26, 2020, and to terminate the local state of emergency and/or local health emergency if such conditions warrant;...
2022.08.18 Motion to Strike 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ... court may, upon a motion or at any time in its discretion, and upon terms it deems proper, strike out “...any irrelevant, false, or improper matter inserted in any pleading” or “all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc. § 436(a)-(b); See Quiroz v. Seventh Ave. Ctr. (2006) 140 Cal.App.4th 1256, 1281.) Irrelevant matters include a...
2022.08.11 Motion for Protective Order 747
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ...fendant's policies and procedures for investigating injuries, taking photographs, reporting an incident, and retaining video of an injury incident; that the instant dispute involves a one-page document describing the internal protocol regarding the handling of injury incidents that was created by Defendant's general liability department; that this internal document is protected by the attorney-client privilege and attorney work-product privilege ...
2022.08.11 Demurrer to FAC 613
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ...econd Cause of Action for False Imprisonment, and Third Cause of Action for Unauthorized Practice of Medicine fail to state facts sufficient to constitute a cause of action against Defendant. Late Filing of FAC Under Code of Civil Procedure section 436, the court may, upon a motion or at any time in its discretion, and upon terms it deems proper, strike out “all or any part of any pleading not drawn or filed in conformity with the laws of this ...
2022.08.11 Motion for Summary Adjudication 333
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ..., LLC dba Decades Bar and Grill, LLC is liable to Plaintiff for breach of lease under Plaintiff's 1st cause of action; (2) Issue 2: There is no triable issue of material fact that Defendant Randy Carrillo is liable to Plaintiff for enforcement of guaranty under Plaintiff's 2nd cause of action; and (3) Issue 3: There is no triable issue of material fact that the Cross-Complaint is time barred. Plaintiff's Evidentiary Objection in Reply. The Court ...
2022.08.11 Motion to Establish Admissions, to Compel Verified Responses 072
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ...t Green Sip Construction Inc. to form interrogatories, set no. 1; special interrogatories, set no. 1;, and inspection demands, set no. 1 (ROA 24). In addition, Plaintiff requests monetary sanctions. Preliminarily, the Court notes that Plaintiff has improperly combined multiple motions. Specifically, at issue are actually eight discovery motions, not four. Whether this was done to avoid paying the court filing fees or some other improper purpose, ...
2022.08.11 Motion to Strike 205
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ...the Subject Vehicle, i.e., 2016 Dodge Ram 1500, Vehicle Identification Number 1C6RR7KM2GS215407 purchased by Plaintiff (the “Subject Vehicle”) (RFP, Nos. 1 and 54); (2) Documents concerning the Defects in other 2016 Dodge Ram 1500 vehicles with the same Engine Defects, Powernet Defects and Transmission Defects as the Subject Vehicle including internal investigations, emails, and other ESI (RFP, Nos. 18, 19, 21, 22, 23, 24, 25, 28, 29, 33, 34,...
2022.08.04 Motion to Strike Allegations and Prayer Relating to Punitive Damages 776
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ...in the matter being taken off-calendar. “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by plaintiff. [Citations.] In passing on the correctness of a ruling on a motion to strike, judges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth. [Citations.] In ruling on a motion to s...
2022.08.04 Motion to Compel Compliance with Deposition Subpoena 587
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ... is seeking to compel B&S' compliance with the Subpoena (which sought four category of documents, see Exh. E to Kearney Decl.), the Motion admits that B&S complied with the Subpoena and already produced responsive documents. Rather than seeking compliance with the Subpoena, Defendants seek an order compelling B&S to produce documents identified in its privilege log (252 documents) on the grounds the documents are not protected by the attorney-cli...
2022.08.04 Motion for Summary Judgment 204
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ...use Plaintiff cannot prove that ICON had notice of the alleged dangerous condition. ISSUE NO. 2: ICON is entitled to summary adjudication in its favor on Plaintiff's first cause of action for negligence and second causes of action for premises liability because the alleged dangerous condition was open and obvious. ISSUE NO. 3: ICON is entitled to summary adjudication in its favor as a matter of law that Plaintiff's non-delegable duty argument doe...
2022.08.04 Motion for Attorney Fees 734
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ... awarded Plaintiff attorney's fees and costs in the amount of $43,139.24 incurred in opposing Ellis' anti-SLAPP motion and bringing Plaintiff's prior motion for attorney's fees. (ROA 294.) Ellis appealed the denial of his anti-SLAPP motion and this Court's award of attorney's fees, both of which were affirmed. (See ROAs 359, 398.) Plaintiff now seeks an award of fees and costs incurred in opposing: (1) Ellis' appeal of the anti-SLAPP motion; (2) ...
2022.08.04 Demurrer, Motion to Strike 823
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ...ections 22658(a)(2) and 22658(e)(1). I. DEMURRER Defendant brings its Demurrer pursuant to (1) Code of Civil Procedure section 430.10(e) on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action against Defendant and (2) Code of Civil Procedure section 430.10(f) on the grounds that the complaint is uncertain. Conversion “Conversion is the wrongful exercise of dominion over the property of another. ...
2022.08.04 Motion to Strike or Tax Costs 806
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ...ould strike all of the $6,955.20 sought for “Models, enlargements and photocopies of exhibits” or alternatively tax $4,600 in costs for “slide presentations” and $1,330 of the $1,575.20 for trial exhibits. Defendants also argue that the Court should tax $960.25 sought for filing and motion fees because this total is wrong as the items listed in Plaintiff's worksheet total $691.75, not $960.25, and that $691.75 should be taxed because Plai...
2022.07.28 Motion to Quash or Limit Deposition Subpoena 064
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.28
Excerpt: ... and 2, which seek all documents pertaining to Defendants Burns and Savient, respectively, from 12/1/15 to 12/31/20. Defendants object to these requests as they are overbroad and invasive of the rights to privacy, and not reasonably calculated to lead to the discovery of admissible evidence. Defendants contend that the action involves a dispute concerning a single real estate transaction, and sole individual, and in no way encompasses every banki...
2022.07.28 Motion for Attorney Fees 806
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.28
Excerpt: ...ction. Plaintiff also moves for an order for an award of costs in the amount of $8,509.45 as set forth in the memorandum of costs. Service of Papers As a threshold matter, the Court notes that the applicable proofs of service indicate that the moving and reply papers were served by U.S. mail and fax. (ROA 400, 414.) Service by fax is permitted only where the parties have agreed to this method of service and a written confirmation to that effect i...
2022.07.28 Motion for Attorney Fees 482
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.28
Excerpt: ...evails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” It is Plaintiffs' burden of proof to show the fees they incurred and that thos...
2022.07.21 Motion to Compel Arbitration and Stay All Proceedings 661
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...se that is the subject of this AGREEMEN [sic], as well as in the event of any dispute, motion, action, or disagreement arising out of or relating to the terms and conditions of this AGREEMENT or performance thereof, such as: attorney fees, small court, court, arbitration etc'. Any dispute between Salesperson and Company arising under this Agreement will be submitted to binding arbitration in accordance with the rules of the American Arbitration A...
2022.07.21 Demurrer 211
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...” under the Elder Abuse and Dependent Adult Civil Protection Act (“EADACPA”) and as defined in Welfare & Institutions Code (“WIC”) section 15610.23 as he does not reside in California under subdivision (a) of Section 15310.23 as “residence” means “domicile” and that the FAC is a “sham” pleading. The AKUA Defendants also contend that Plaintiff is not a “dependent adult” under WIC section 15310.23(b) as AKUA is not a 24-ho...
2022.07.21 Motion for Determination of Good Faith Settlement 346
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ... to do so. However, at pg.4:4-8 of the motion, Cross-Defendant Long states, “LONG therefore moves for a determination by this Court that the settlement between LONG and Plaintiff was in good faith, and dismissing HARKENSS' cross-complaint against LONG pursuant to Code of Civil Procedure section 877.6.” Therefore, through this statement the Court has enough information to deduce the pleadings and parties affected by the settlement. Code Civ. P...
2022.07.21 Motion to Compel IME 308
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...on (“IME”) is necessary in order to evaluate the nature and extent of Plaintiff's claimed orthopedic injuries. Kadowaki contends that there is good cause for having Plaintiff come to California for the IME from his residence in Alabama, that Kadowaki offered to pay and is willing to pay for reasonable travel costs, and that the costs to conduct the IME in Alabama would be astronomical, and that Kadowaki would be prejudiced or would be deprive...
2022.07.21 Motion to Compel Further Responses 956
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...eficient as HMA asserted only meritless, boilerplate objections which are not code-compliant. Plaintiff contends that she attempted to meet and confer and sent meet and confer letters, that Defendant represented that it would respond to the meet and confer letter, but that Defendant never provided supplemental responses or additional documents. Plaintiff also contends that the requests seek documents that are highly relevant to her Song-Beverly A...
2022.07.21 Motion to Quash Deposition Subpoena for Production of Business Records 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...s why production should not be compelled. (See Calif. Rules of Court, Rule 3.1345(a)(5).) A court may, in its discretion, deny a discovery motion for failure to comply with the separate statement requirement. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) Here, Plaintiff failed to file a separate statement as required. As such, the court has discretion to deny the Motion or to continue the hearing on the Motion to allow for the filing of a...
2022.07.21 Motion to Quash Service of Summons 878
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...o file, the Court finds Defendant has not suffered any prejudice and will exercise its discretion to consider the Opposition. On October 25, 2021, Plaintiff filed a Proof of Service of Summons on Defendant, indicating that service had been made by personal service at 252 Lincoln Road, Brooklyn, New York (the “Brooklyn Address”). (ROA 14.) Default was entered against Defendant on December 15, 2021. (ROA 19.) Judgment for Plaintiff was entered ...
2022.07.14 Motion to Strike 810
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.14
Excerpt: ...ct pursuant to Code of Civil Procedure section 425.16. Oversized Memorandums California Rules of Court, rule 3.1113(d) provides that no opening or responding memorandum may exceed 15 pages, and that no reply or closing memorandum may exceed 10 pages. “The page limit does not include the caption page, the notice of motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.” (Californi...
2022.07.14 Motion to Compel Compliance with Requests for Production 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.14
Excerpt: ...ose documents without a justifiable basis, and imposing monetary sanctions in the amount of $1,998.00. Code of Civil Procedure Section 2031.320 states that if a party filing a response to a demand for inspection fails to permit the inspection in accordance with that party's statement of compliance, the propounding party may move for an order compelling compliance. (Code Civ. Proc., § 2031.320(a).) This Section also states that “the court shall...
2022.07.14 Motion for Summary Judgment 538
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.14
Excerpt: ... Defendant BOBICH's surgical removal of “a lesion in his lower left throat” which Plaintiff alleges was performed without his informed consent and which resulted in profuse and continued bleeding after he was sent home. (Id.) As to Defendant Dr. HELTON, Plaintiff alleges he was negligent because, inter alia, he failed to determine that Plaintiff was on two blood thinning medications prior to the surgery and should not have allowed any surgery...
2022.07.14 Demurrer 613
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.14
Excerpt: ...Second Cause of Action for False Imprisonment, and Third Cause of Action for Unauthorized Practice of Medicine fail to state facts sufficient to constitute a cause of action against Defendant. Failure to Oppose the Demurrer Initially, all papers opposing a motion “shall be filed with the court and a copy served on each party at least nine court days . . . before the hearing.” (Code Civ. Proc. § 1005(b).) The failure to oppose a demurrer may ...
2022.07.07 Motion to Compel Further Responses 478
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.07
Excerpt: ...Plaintiff also argues that Lovett's employment file is highly relevant to the claim of negligence against Lovett and the Defendant Capistrano Unified School District (the “District”). Plaintiff asserts that the employment file would likely contain information regarding Lovett's prior notice concerning Plaintiff's doctor note and/or prior misconduct, and could likely demonstrate a history of inappropriate behavior such that production of it wi...
2022.07.07 Motion for Summary Judgment 248
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.07
Excerpt: ...he Court reminds counsel to comply with all applicable statutes and rules and any future failure to do so may result in the motion being taken off calendar or denied, if appropriate. A separate statement in opposition to a motion for summary judgment must indicate if the opposing party disputes each material fact and, if so, include a reference to the supporting evidence. (Code Civ. Proc., § 437c(b)(3); California Rules of Court, Rule 3.1350(f)(...
2022.06.16 Demurrer 381
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.16
Excerpt: ...tion for Loss of Consortium fail to state facts sufficient to constitute a cause of action and are uncertain. Second Cause of Action for Elder Abuse Defendants contend that Plaintiffs' allegations lack the required specificity to make a claim for fraud in support of the Elder Abuse Cause of Action, and do not allege how, when, where, to whom, and by what means any fraudulent misrepresentations were made. Defendants also contend that Plaintiff fai...
2022.06.16 Motion for Leave to File FAC 736
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.16
Excerpt: ...s. Plaintiff also provides that upon reviewing Defendant's March 17, 2022 responses to discovery, the termination of an alleged at-will employee was in fact the wrongful termination of an employee under a contract of implied good faith not to terminate without good cause. Defendant Environments for Learning, Inc. v. DBA Montessori on the Lake (“Defendant”) argues that there is an unwarranted delay in seeking leave to amend as Plaintiff's coun...
2022.06.16 Motion for Terminating Sanctions or Issue and Evidentiary Sanctions, for Monetary Sanctions 919
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.16
Excerpt: ...”.) CCP § 2023.010 states, in part, as follows: “Misuses of the discovery process include, but are not limited to, the following: . . [¶] (d) Failing to respond or submit to an authorized method of discovery. . . . [¶] (g) Disobeying a court order to provide discovery.” CCP § 2023.030 provides, in part, as follows: “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, ...
2022.06.16 Motion to Compel IME 199
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.16
Excerpt: ...occur on March 23, 2022, in Scottsdale, Arizona, based on Plaintiff's attorney representation that Plaintiff would not travel to California for the examination; that Plaintiff served a “response and objection” stating plaintiff would appear but would not sign any forms presented by the doctor including a “consent” form; that Defense counsel attempted to meet and confer to have Plaintiff undergo the examination just before trial in Califor...
2022.06.09 Motion to Sustain Demurrer 930
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.09
Excerpt: ...f based upon a protected characteristic. Defendants contend that the Court previously sustained Defendants' demurrer to the Second Amended Complaint, with leave to amend as to the cause of action for Violation of the Ralph Civil Rights Act, but that the 3AC still fails to allege sufficient facts evidencing any act of violence or threat of violence, or that any alleged conduct by Defendants was motivated by racial animus, and that Plaintiff's subj...
2022.06.09 Motion for Writ of Attachment 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.09
Excerpt: ...ant personally, rather than counsel. The Court finds service to be proper. The Motion was served before Defendant appeared in this matter and the statute that requires service on counsel for represented parties expressly excludes writs. (Code Civ. Prco., § 1015.) The Court therefore finds service to be proper. Further, the Court finds that Defendant has suffered no prejudice, as it was able to file a timely Opposition on the merits of the Motion...
2022.06.02 Motion to Strike All Costs 412
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ... 1102.5 cause of action was inextricably tied to Plaintiff's Retaliation in Violation of FEHA cause of action, and at trial, Plaintiff dismissed his intentional and negligent infliction of emotional distress causes of action (“IIED” and “NIED”), as well as dismissed his wrongful demotion in violation of public policy cause of action before or at trial, and all of these causes of action were based on the same facts supporting his FEHA clai...
2022.06.02 Motion to Strike 714
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ...(FAC, p. 12, lines 8-9.) Meet and Confer Was Insufficient. C.C.P. section 435.5(a) states: “Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is...
2022.06.02 Motion to Compel Further Responses 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ...ode of Civil Procedure section 2030.300(b) and were unable to reach an informal agreement. The Court declines to consider all new points, arguments, and evidence presented for the first time on reply. (See Balboa Ins. Co. v. Aguirre (1983) 149 Cal.App.3d 1002, 1010; Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Therefore, the exhibits filed with Plaintiff's Reply will not be considered in the Court's ruling on this Motion. A party may ...
2022.06.02 Motion for Protective Order 515
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ...ue that Mr. Shaw is a percipient witness and the asserted privileges raised do not apply to these facts. Administrative Mandamus Discovery: In administrative mandamus proceedings, the standards for discovery differ from the routine case. The trial court must consider the administrative record. “Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly...
2022.06.02 Demurrer 363
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ...cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against them. (Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) On this ground, the demurrer is OVERRULED. Fraud, Negligent Misrepresentation and Constructive Fraud The elements of fraud, which give rise to the tort action for deceit, are (1) misrepresentation (false representation, concealment or non-disclosure); (2) knowled...
2022.05.26 Motion for Judgment Notwithstanding Verdict 806
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.26
Excerpt: ... 162, 166. The principal grounds are set forth in Code Civ. Proc. §657. Preliminarily, although defendants list multiple grounds in their motion, they fail to specify which grounds their motion is based upon. In reviewing the arguments of defendants, it appears that defendants contend that an irregularity in the proceedings occurred (Code Civ. Proc. §657(1)); the verdict was supported by insufficient evidence (Code Civ. Proc. §657(6)); and the...
2022.05.26 Demurrer, Motion to Strike 507
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.26
Excerpt: ...' prayer for punitive damages, attorney's fees, and disgorgement of profits, as well as all allegations that Defendants contend relate to illegal, unenforceable, or retired contract provisions. As an initial matter, the Court notes that the parties met and conferred by telephone prior to the filing of this Demurrer and Motion to Strike, in compliance with the Code of Civil Procedure. Demurrer Information and Belief Defendants demur to the first, ...
2022.05.26 Demurrer 361
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.26
Excerpt: ...riting. Defendant also contends that Plaintiff fails to allege facts showing a meeting of the minds as to the amount to be paid by Defendant to the Plaintiff, and that eligibility for benefits under the Plan does not demonstrate an agreement implied in fact to pay a certain price. Plaintiff contends that California case law has recognized that allegations in complaint similar to the instant allegations by Plaintiff are sufficient to state a breac...

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