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2019.12.12 Motion to Compel Full and Complete Verified Supplemental Responses 502
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.12.12
Excerpt: ...e documents under CCP § 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. (CCP § 2030.300(a).) A motion to compel further responses to interrogatories must include a meet and confer declaration pursuant to CCP § 2016.040 and a separate statement. (CCP § 2030.300(b); Cal. Rules of Ct., Rule 3.1345.) Here, the evidence submitted demons...
2019.12.12 Motion for Trial Preference 903
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.12.12
Excerpt: ...substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.” The standard under subdivision (d) is more specific and rigorous than under subdivision (a) which applies to litigants who are over 70 years of age. (Fox v. Superior Court (2018) 21 Cal.App.5th 529, 534.) Case law recognizes that section 36 “was enacted for the purpose of...
2019.12.5 Demurrer 650
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.12.5
Excerpt: ...se of Action for Breach of Fiduciary Duty “ ‘The elements of a cause of action for breach of fiduciary duty are: (1) the existence of a fiduciary duty; (2) the breach of that duty; and (3) damage proximately caused by that breach. [Citation.]' [Citation.]” (IIG Wireless, Inc. v. Yi (2018) 22 Cal.App.5th 630, 646.) The Cross-Complaint alleges that “RAYMOND was responsible for the company's in-house accounting and bookkeeping and that in th...
2019.12.5 Motion for Sanctions 774
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.12.5
Excerpt: ...s' attorney's fees and costs. As an initial matter, Code of Civil Procedure section 128.5(f)(1)(B) provides that a motion for sanctions based on the filing and service of a cross-complaint that can be withdrawn or appropriately corrected “shall not be filed . . . unless 21 days after service of the motion or any other period as the court may prescribe, the challenged action or tactic is not withdrawn or appropriately corrected.” Cross-Defenda...
2019.12.5 Motion for Reconsideration 502
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.12.5
Excerpt: ...th cause of action for private nuisance, pursuant to Code of Civil Procedure section 1008(a), based on newly discovered facts. Defendant Plaza-Irvine Owners Association (the “Association”) has filed an opposition, and Defendants, John Warren, Karen Warren, Barbara Milbert and Allen Milbert have filed a Joinder to the opposition. Plaintiffs' motion for reconsideration is filed beyond the statutory 10-day limitation period for filing a motion f...
2019.11.21 Motion to Compel Responses
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.11.21
Excerpt: ...on of documents results in a waiver of any objections to the requests. CCP §§ 2030.290(a) and 2031.300(a). If a party to whom interrogatories or requests for production of documents is directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §§ 2030.290(b), 2031.300(b). If a party to whom requests for admission were directed fails to serve a timely response, t...
2019.11.21 Motion for Summary Judgment 885
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.11.21
Excerpt: ...unattended for 30 minutes after administering medications. (TAC, ¶ 1.) Moving Defendants submit the expert declaration of Steven T. Forman, M.D., who is board- certified in cardiovascular diseases, interventional cardiology, and venous and lymphatic medicine and who attests that he has performed hundreds of percutaneous coronary intervention procedures such as the one performed by Defendant Cobb. Dr. Forman attests that, based on his review of t...
2019.11.21 Motion for Summary Judgment 314
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.11.21
Excerpt: ...ssues: Defendants' separate statement does not comply with California Rule of Court 3.1350(b), because it does not state verbatim the issues for summary adjudication as they are given in the notice of motion. Nevertheless, given that it is clear as to which causes of action Defendants seek summary adjudication, this defect is not prejudicial. The Court DENIES defendants' request for judicial notice of Exhibits A through D. Exhibit A is deposition...
2019.11.21 Demurrer, Motion to Strike 342
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.11.21
Excerpt: ...n under Code of Civil Procedure §430.41. (See Declaration of Craig J. Erickson.) 21st Cause of Action: Aiding and Abetting Breach of Fiduciary Duties Liberatore demurs to Plaintiffs Marcos Trujillo; Elizabeth Aguiar-Gutierrez; Vicky Garza and Darryl Vergolino-Holiday (collectively “Individual Plaintiffs”) 21st cause of action for aiding and abetting breach of fiduciary duties on the grounds the Individual Plaintiffs lack standing to assert t...
2019.11.21 Application for Writ of Possession 250
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.11.21
Excerpt: ...sed on a written instrument it must be attached); (2) a showing that the property is wrongfully detained by defendant, the manner in which the defendant came into possession of the property and the reason for detention according to the plaintiff's “best knowledge, information, and belief”; (3) description and value of the property; (4) “A statement, according to the best knowledge, information, and belief of the plaintiff, of the location o...
2019.11.14 Motion for Summary Judgment 805
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.11.14
Excerpt: ...ed excision and treatment of Plaintiff's plantar warts, among other things, thus necessitating multiple additional treatments and surgeries, as well as additional hospitalizations.” (Complaint, ¶ 6.) Defendants contend that they not only complied with the standard of care in treating Plaintiff, but that the cause of action is time-barred under Code Civ. Proc. § 340.6. Defendants submit the declaration of Philip Radovic, D.P.M., who is board c...
2019.11.14 Demurrers 558
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.11.14
Excerpt: ...o consider, it is not the sole test of the existence of a fiduciary relationship, otherwise, attorneys would not have fiduciary duties to their clients, except where they are holding clients' funds. “A fiduciary relationship is created where a person reposes trust and confidence in another and the person in whom such confidence is reposed obtains control over the other person's affairs.” (Lynch v. Cruttenden & Co. (1993) 18 Cal.App.4th 802, 8...
2019.11.14 Demurrer 564
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.11.14
Excerpt: ...t to the extent that it contends that it cannot be vicariously liable for any defects in the vehicle caused by another. Subdivision (a) of section 30106 provides: “An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or ...
2019.11.7 Motion for Leave to Participate as Amici Curiae 708
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.11.7
Excerpt: ...ia state law – certainly none that they have cited - which would explicitly authorize the requested relief, at least in the trial court. Clearstone and Mr. Katz cite to federal case law for the proposition that amici curiae briefs may be filed at the trial court level, but these cases expressly discuss the practice as a potential vehicle for intervenors to raise issues without submitting to the court's jurisdiction. See e.g. In re Bayshore Ford...
2019.11.7 Motion to Compel Further Responses, to Quash Subpoenas 194
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.11.7
Excerpt: ...s at issue in this motion. Accordingly, Defendant's motion is DENIED as MOOT. Defendant to give notice. MOTION NO. 2: Defendant Knott's Berry Farm LLC moves to compel Plaintiff Jennifer Spradlin to provide further responses to Defendant's Special Interrogatories, Set One, Nos. 1, 2, 4, 23, 31, and 51. Plaintiff has submitted evidence to show that on October 24, 2019, Plaintiff served via mail Supplemental Responses to Special Interrogatories, Set...
2019.11.7 Motion to Compel Responses 311
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.11.7
Excerpt: ...0.290(a) and 2031.300(a). If a party to whom interrogatories or requests for production of documents is directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §§ 2030.290(b), 2031.300(b). Similarly, if a party to whom requests for admission were directed fails to serve a timely response, the requesting party may move for an order that the genuineness of any do...
2019.11.7 Demurrer, Motion to Strike 282
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.11.7
Excerpt: ... economic loss rule because Plaintiff has not alleged that there was any personal injury or property damage, and because Defendant's only duty to Plaintiff arose through their warranty contract. The Seventh Cause of Action alleges, in effect, that Defendant failed to disclose to consumers that the vehicle's diesel engine and attendant systems had numerous defects, of which Defendant became aware during the design and manufacturing process. (Compl...
2019.10.31 Motion to Compel Binding Arbitration 447
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.31
Excerpt: ...rocedure before Trial §9:53.1a (The Rutter Group 2015) (“It is not necessary to ask the court to take judicial notice of materials previously filed in the case; all that is necessary is to call the court's attention to such papers. Such papers however, are not necessarily admissible evidence. Except for admissions in pleadings, matters stated in exhibits or other documents in the case file must be admissible under an appropriate exception to t...
2019.10.31 Motion to Compel Further Responses 760
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.31
Excerpt: ...confer before bringing the motion. The separate statement submitted by the moving Plaintiff does not comply with the requirement in subdivision (c) of CRC 3.1345 that it provide “all the information necessary to understand each discovery request and all the responses to it that are at issue.” Subdivision (c) further provides that the separate statement provide the text of the request, interrogatory question, or inspection demand and “[t]he ...
2019.10.24 Motion for Protective Order 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.24
Excerpt: ... Civil Procedure §2025.420 permits the Court, upon a showing of good cause, to issue a protective order protecting the deponent from “unwarranted annoyance, embarrassment, or oppression or undue burden and expense.” Id. at subd.(b). The protective order must be sought promptly and the motion must reflect that a good faith meet and confer occurred. Id. at subd.(a). The court has several options if it desires to issue a protective order, inclu...
2019.10.24 Motion to Compel Further Responses 342
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.24
Excerpt: ...ants and any other PERSON(S) else [sic] acting or purporting to act on her behalf or at her direction; as used herein, the terms “PERSON” and/or “PERSONS” includes any individuals(e) entity(ies), proprietorship(s), partnership(s), or corporations(s)) contend that you have not breached any of your fiduciary duties to SALON REBELLE, state all facts that support such contention. Responding Defendant's answer is: Responding Party incorporates...
2019.10.24 Motion to Compel Further Responses 310
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.24
Excerpt: ...to compel a further response to requests for admission if it finds that an objection is too general or without merit, or that an answer is evasive or incomplete. See Code Civ. Proc. §2033.290(a). The motion should be accompanied by a meet and confer declaration, and should be noticed within 45 days of the service of either the verified response or any supplemental verified response, or on or before any specific later date agreed upon in writing....
2019.10.24 Motion for Summary Judgment, Adjudication 233
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.24
Excerpt: ...h of contract requires proof of the following elements: (1) existence of the contract; (2) plaintiffs performance or excuse for nonperformance; (3) defendant's breach; and (4) damages to plaintiff as a result of the breach. (Miles v. Deutsche Bank National Trust Company (2015) 236 Cal.App.4th 394, 402), citing CDF Firefighters v. Maldonado (2008) 158 Cal.App.4th 1226, 1239.) With respect to the first element of existence of contract, the City has...
2019.10.24 Motion for Determination of Good Faith Settlement 939
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.24
Excerpt: ...good faith, the court must determine whether “the amount of the settlement is within the reasonable range of the settling tortfeasor's proportional share of comparative liability for the plaintiff's injuries.” Tech-Bilt, Inc. v. Woodward-Clyde & Assocs. (1984) 38 Cal.3d 488, 499. In making such a determination, the Court considers the following factors: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate li...
2019.10.24 Demurrer, Motion to Strike 374
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.24
Excerpt: ...that is attached to the complaint as an exhibit references all three Defendants, i.e., it identifies the parties as Defendant Salmon Run Property Management as an agent of Co-Defendant Ashby Enterprises and Plaintiffs and its last page references Co-Defendant Sachs as a manager of Salmon Run Property Management. As such, asserting the causes of action against all three Defendants does not necessarily make them improper or uncertain. Therefore, th...
2019.10.17 Motion for Attorney's Fees 408
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.17
Excerpt: ...d reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” (emphasis added). California Code of Civil Procedure Section 128.5, subdivision (f)(1)(B) requires that before bringing a motion for attorneys' fees as a sanction under this statute, the moving party must comply with a 21-day “safe harbor” provision. Specifically, Section 128.5, subdivision (f)(1)(B) states: “If the alleged action or tactic i...
2019.10.17 Motion for Summary Judgment, Adjudication 042
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.17
Excerpt: ...ummary judgment, a defendant must either negate an element of plaintiff's claim or establish a complete defense to said claim. See Code Civ. Proc. §437c(p)(2). Both of Plaintiff's causes of action sound in negligence, which of course, consists of the elements of (1) a legal duty to use due care, (2) a breach of that duty, (3) which proximately causes, (4) plaintiff's injury. See Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917. It is uncle...
2019.10.10 Motion to Compel Responses 617
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.10
Excerpt: ... and 5. Plaintiffs' motion to compel responses to RFPs from Defendant Atlas Plaintiffs also seek monetary sanctions against each defendant for conduct necessitating these motions. The motions are GRANTED. The requests for sanctions are DENIED. Failure to timely respond to interrogatories or requests for production of documents results in a waiver of any objections to the requests. CCP §§ 2030.290(a) and 2031.300(a). If a party to whom interroga...
2019.10.10 Motion to Quash Subpoena 528
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.10
Excerpt: ...tter. The only requests in issue are: • All Documents related to or referencing communications between Fieldman, Rolapp & Associates and Refinitiv's sales or customer support representatives. (Request 1.) • Documents sufficient to show all recipients of the alerts, newsletters, releases or similar publications referenced in request 3 associated with Fieldman, Rolapp & Associates. (Request 4.) • Documents sufficient to show all registered us...
2019.10.10 Motion to Transfer Venue, for Sanctions 056
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.10
Excerpt: ...t against it. While section 7031 may be an affirmative defense to a mechanics lien, it does not abrogate a party's right to have a case heard in the proper venue. A defendant may move to transfer venue on the ground that the action had been filed in the wrong court. (Code Civ. Proc. §§ 396b(a), 397(a).) As the moving party, Defendants must overcome the presumption that Plaintiff has selected a proper venue. (Fontaine v. Superior Court (2009) 17...
2019.10.3 Special Motion to Strike 734
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.3
Excerpt: ... Plaintiff. Defendant contends that the mailers contain protected hyperbolic speech, and are otherwise factual; further, that Plaintiff is a public figure and cannot show that the publications were made with actual malice or negligence. Plaintiff counters that the speech was not hyperbolic, and is defamatory by implication; further, that he is a private citizen for purposes of this matter, and even if not, that he has evidence that the publicatio...
2019.10.3 Motion to Deem Admitted Requests for Admission 617
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.3
Excerpt: ...timely response, the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for monetary sanctions. CCP § 2033.280(b). On April 3, 2019, Plaintiffs served written discovery on Defendants, including requests for admission, set one, to Defendants Atlas and Nosek. Several extensions were granted, ultimately requiring responses to be served by...
2019.10.3 Motion for Summary Judgment 030
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.3
Excerpt: ...oss of consortium based on the birth of the minor Plaintiff. With respect to the moving Defendants, Plaintiffs allege that they were negligent in their care and treatment of the minor Plaintiff by failing to timely appreciate and treat the sequela of a subgaleal hemorrhage and by failing to timely intubate and fluid resuscitate her. Moving Defendants submit the expert declaration Rachel Chapman, M.D., to establish that they complied with the stan...
2019.10.3 Motion for Terminating Sanctions 038
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.10.3
Excerpt: ...ssing the Cross-Action; and (3) Rendering judgment against Defendants, and in favor of Plaintiff, on Plaintiffs' First Amended Complaint and prayer for relief. In the alternative, Plaintiff moves for an order granting the following discovery and trial-setting relief: (1) Granting Plaintiff's previously-filed Motion to Compel (“Discovery Motion”) as follows (Code Civ. Proc. §§ 2023.010, 2030.300, 2031.320(a)): a. Ordering Defendants to provi...
2019.3.28 Motion for Summary Judgment 412
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.28
Excerpt: ...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 facts.” The City did not state the summary adjudication issues verbatim in the separate statement. Additionally, the enumerated issues for summary adjudication join...
2019.3.28 Demurrer 768
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.28
Excerpt: ...d on conditional consent are: 1) that Plaintiff consented to a medical procedure, but only on certain conditions; 2) that Defendant proceeded without this condition having occurred; 3) that Defendant intended to perform the procedure with knowledge that the condition had not occurred; 4) that Plaintiff was harmed; and 5) that Defendant's conduct was a substantial factor in causing Plaintiff's harm. A patient can consent to a medical procedure by ...
2019.3.21 Demurrer 748
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.21
Excerpt: ...rom the two causes of action for intentional and negligent misrepresentation asserted by Cross-Complainant Fusco, which the Court overruled. As to these two causes of action asserted by Ital Pizza, LLC, the Court previously sustained the demurrer to these two causes of action in the third amended cross-complaint because they were pled in extremely vague and confusing terms and conflated the actions of Nardone and Ital Pizza, Inc., such that it wa...
2019.3.21 Motion to Compel Further Responses 260
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.21
Excerpt: ... compelling a further response to a request for production must both: (1) set forth specific facts showing good cause justifying the discovery sought by the demand; and (2) be accompanied by a meet and confer declaration. Code Civ. Proc. § 2031.310(b). Once the moving party makes this showing, the burden shifts to the responding party to justify the answer or objection. Plaintiff seeks supplemental answers to requests 18-21. Request 18 Request 1...
2019.3.21 Motion to Enforce Terms of Settlement 607
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.21
Excerpt: ...the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” In ruling on a motion to enter judgment the “trial court acts as a trier of fa...
2019.3.21 Motion to Compel Further Responses 310
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.21
Excerpt: ...e and irrelevant information. On a motion to compel further responses, the moving party must be able to “set forth specific facts showing good cause justifying the discovery sought by the demand.” Code Civ. Proc. §2031.310(b)(1). Defendants have failed to set forth any specific facts which would show good cause for the production of Plaintiff's Facebook account data, whether or not that material is currently in the hands of her counsel. Even...
2019.3.21 Motion to Compel Compliance with Subpoena for Business Records 259
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.21
Excerpt: ... CRC 3.1346, a nonparty deponent is entitled to personal service of written notice and all moving papers supporting “a motion to compel an answer to a deposition question or to compel production of a document” unless the nonparty deponent “agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.” The motion is DENIED without prejudice. Motion #2 Defendant moves ...
2019.3.21 Motion to Bifurcate 131
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.21
Excerpt: ...on, arguing that it will not promote judicial economy or the interests of justice. Plaintiff contends a bifurcated trial in front of one jury will require the same amount of preparation and that a bifurcated trial in front of two juries would be unworkable. Moreover, Plaintiff claims, any potential prejudice or sympathy from trying both liability and damages in the same trial could be mitigated by appropriate jury instructions. “The court may, ...
2019.3.21 Demurrer 210
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.21
Excerpt: ...ED. Second Cause of Action: In order to establish a cause of action for willful misconduct, “a plaintiff must prove not only the elements of a negligence cause of action, that is, duty, breach of duty, causation, and damage, but also (1) actual or constructive knowledge of the peril to be apprehended, (2) actual or constructive knowledge that injury is probable, as opposed to a possible, result of the danger, and (3) conscious failure to act to...
2019.3.14 Motion for Summary Judgment 935
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.14
Excerpt: ...f that she had three cavities that needed immediate treatment, including fillings on teeth numbers 29 and 30. (Complaint, ¶ 15.) Plaintiff alleges that she did not agree to this treatment and took her x-rays to a different dentist who examined her and told her that she did not need any treatment. (Complaint, ¶ 16.) Plaintiff alleges that Defendants' conduct amounted to a violation of subdivision (a)(15) of Civ. Code § 1770 and that she suffere...
2019.3.14 Motion to Quash Deposition Notice of Non-Party Witness 059
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.14
Excerpt: ...ce in addition to a written objection, where it is contended that the deposition notice fails to comply with the statutory requirements. See Code Civ. Proc. §2025.410(c). Such a motion must be accompanied by a meet and confer declaration. Ibid. Rule 3.1010(a) provides that a party may take a deposition if it “makes all arrangements for any other party to participate in the deposition in an equivalent manner.” “An oral deposition shall be s...
2019.3.14 Motion to Dismiss Roe Amendment 038
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.14
Excerpt: ...substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just.” Subdivision (a)(1) of Section 418.10 reads: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: . . . (2...
2019.3.14 Motion for Judgment on the Pleadings 376
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.14
Excerpt: ...aint in this matter filed by Plaintiff A&R Wholesale Distributors, Inc., in essence, alleges that Carson breached the parties' lease agreement and attempted conversion of Plaintiff's property when it refused to allow Plaintiff to remove a refrigeration unit from the leased premises upon vacation. Gold Star is not a Plaintiff in the underlying complaint. The Cross- Complaint is against Gold Star only, and alleges that Gold Star acquired all of the...
2019.3.14 Demurrer 216
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.14
Excerpt: ...also contend that the complaint does not contain the essential allegations to support an alter ego theory. Defendants' third argument, that the complaint does not sufficiently state damages, has been withdrawn, according to the reply. With regard to the first argument, Constructive discharge occurs when an employer's conduct effectively forces an employee to resign. Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238, 1244. Although the employee...
2019.3.14 Demurrer 113
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.14
Excerpt: ...ues that decedent was its employee, and was on Defendant's construction site, acting in the course and scope of his employment on the date that he was attacked by the bees. Defendant asks that the Court take judicial notice of records from the Workers' Compensation Appeals Board (“WCAB”), including an Order Approving Compromise and Release, signed by Workers' Compensation Administration Law Judge Robert Mays on 08/17/17. (RJN, Ex. 1.) This or...
2019.3.14 Application for Preliminary Injunction 144
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.14
Excerpt: ... plaintiff would be likely to sustain if the injunction were denied as compared to the harm the defendant would be likely to suffer if the preliminary injunction were issued.” Smith v. Adventist Health System/West (2010) 182 Cal.App.4th 729, 749. The Court employs a more probable than not standard. Robbins v. Superior Court (1985) 38 Cal.3d 199, 206. Further “[t]he trial court's determination must be guided by a “mix” of the potential-mer...
2019.3.14 Motion for Reconsideration 818
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.14
Excerpt: ...formation at the first hearing. Baldwin v. Home Sav. of Am. (1997) 59 Cal.App.4th 1192, 1200. On 12/13/18, the Court denied Plaintiff's motion for judgment on the pleadings on alternative grounds. The first ground for denial was that Defendant had filed a supplemental verification signed by Defendant's officer, which rendered Plaintiff's challenge to Defendant's Answer moot. The alternative ground for denial was that Plaintiff failed to engage in...
2019.3.7 Motion to Tax Costs 165
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.7
Excerpt: ...,149) and parking ($81); (5) CourtCall costs ($86). Defendant contends that pursuant to Code of Civil Procedure § 1033(b)(1) and (2), the Court should exercise its discretion and deny all costs to Plaintiff. Section 1033(b) provides: “When a prevailing plaintiff in a limited civil case recovers less than the amount prescribed by law as the maximum limitation upon the jurisdiction of the small claims court, the following shall apply: (1) When t...
2019.3.7 Motion to Stay Action 232
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.7
Excerpt: ...rmines that” certain circumstances are present, such as waiver of the right to arbitrate, or the presence of third parties in the lawsuit. The petition is to allege “the existence of a written agreement to arbitrate the controversy,” and also that the other party “refuses to arbitrate such controversy.” In addition, pursuant to California Rule of Court 3.1330, the petition must state “the provisions of the written agreement and the pa...
2019.3.7 Demurrer 576
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.7
Excerpt: ...tion of plaintiff's name or likeness to defendant's advantage, commercially or otherwise; (3) lack of consent; and (4) resulting injury.” Maxwell v. Dolezal (2014) 231 Cal.App.4th 93, 97. To prove the statutory claim, “a plaintiff must present evidence of ‘all the elements of the common law cause of action' and must also prove ‘a knowing use by the defendant as well as a direct connection between the alleged use and the commercial purpose...
2019.3.7 Motion for Reconsideration 217
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.7
Excerpt: ...ed upon new or different facts, circumstances, or law, make application to the same judge…to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances or law are claimed to be shown.” This motion was served and filed on 12/19/18. That was...
2019.3.7 Motion for Determination of Good Faith Settlement 625
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.7
Excerpt: ... Inc. v. Woodward-Clyde & Assocs.(1985) 38 Cal.3d 488, 499. Usually, this determination is based on several factors enumerated within the Tech-Bilt decision. However, where the motion is uncontested, such as it is here, the moving party need only submit a barebones motion with a declaration setting forth a brief background of the case. See City of Grand Terrace v. Sup. Ct. (1987) 192 Cal.App.3d 1251, 1261. Here, One Stop submits a declaration fro...
2019.3.7 Motion for Determination of Collateral Estoppel 172
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.7
Excerpt: ...s for a determination that Plaintiff Masimo Corporation is collaterally estopped from re-litigating 11 specific issues regarding claims for misappropriation of trade secrets and breach of contract against him. This action was filed by on May 10, 2013 against the moving Defendant and Co-Defendants David Hunt and Sotera Wireless. The first amended complaint was filed on December 16, 2013 and contains causes of action for trade secret misappropriati...
2019.3.7 Motion for Further Responses 359
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.3.7
Excerpt: ...arate Statement, Defendant seeks further responses to Request Nos. 3, 7, 8, 9, 10, 13, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 and 43 propounded on A&R, and Request Nos. 1, 2, 3, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 and 43 propounded on Gold Star. Defendant styles this a motion to compel further responses ...
2019.2.28 Demurrer 054
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.2.28
Excerpt: ...perior Court (2008) 159 Cal. App. 4th 273, 286 (citing Cal. Civ. Proc. Code § 367). Standing is a threshold issue. Ibid. The Second Amended Complaint contains 3 causes of action. They are: Breach of promissory note; money lent; and complaint to set aside fraudulent transfer. To allege breach of contract (promissory note), Plaintiff must allege: (1) the contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; an...
2019.2.14 Motion for Leave to Augment Expert Witness Designation 054
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.2.14
Excerpt: ...rt “no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date.” Code Civ. Proc. §2034.220. “The specified date of exchange shall be 50 days before the initial trial date, or 20 days after service of the demand, whichever is closer to the trial date, unless the court, on motion and a showing of good cause, orders an earlier or later date of exchange.” Cod...
2019.2.14 Motion for Summary Judgment, Adjudication 767
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.2.14
Excerpt: ...iser Foundation Health Plan, Inc., it is MOOT. A dismissal with prejudice was requested and entered as to it on March 21, 2018. The alternative motion for summary adjudication is defective for procedural reasons. Under subdivision (b) of CRC 3.1350, “[i]f 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 ...
2019.2.14 Motion to Vacate Voluntary Dismissal 623
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.2.14
Excerpt: ...d it that a voluntary dismissal would not leave it liable for attorney's fees, and GXP has submitted Mr. Benneville's declaration attesting to his mistaken advice. “The 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. Application for this relief shal...
2019.2.14 Motion to Quash or Limit Deposition Subpoenas 725
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.2.14
Excerpt: ...ny and all documents and records pertaining to employment [of plaintiff Quiroz], including but not limited to, pre- employment applications, job evaluation and performance documentation, payroll and/or salary records, (including pay reviews and/or pay raises, weekly/quarterly/annual payroll records and W-2 forms (where applicable), attendance records, tax, union and benefit records, contracts, time sheets, time cards, attendance records and any a...
2019.2.7 Motion for Summary Judgment 054
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.2.7
Excerpt: ...gment on the cause of action.” Code Civ. Proc. § 437c(p)(1). Once the plaintiff meets this burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Code Civ. Proc. § 437c(p)(1). The elements of a claim for unjust enrichment are receipt of a benefit and unjust retention of the benefit at the expense of another. Lectrodryer v. Seoul Bank(2000) 77...
2019.2.7 Motion for Leave to File Amended Complaint 259
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.2.7
Excerpt: ...party to amend any pleading....” Code Civ. Proc., § 473(a)(1). “Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including during trial, when no prejudice to the opposing party is shown.” P & D Consultants, Inc. v. City of Carlsbad (2010) 190 Cal.App.4th 1332, 1345. “In particular, liberality should be displayed in allowing amendments to answers, for a defendant denied leave to amend is pe...
2019.2.7 Motion for Summary Judgment, Adjudication 986
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.2.7
Excerpt: ... of $180, plus accruing attorneys' fees and costs. Plaintiff further requests an Order that Plaintiff is awarded reasonable attorney fees and court costs according to proof. A motion for summary judgment shall be granted only if it disposes of the entire action. (See Code Civ. Proc., § 437c(c).) Here, Plaintiff's verified complaint consists of four causes of action. Plaintiff's motion for summary judgment only addresses two of the four causes of...
2019.1.31 Motion to Compel Further Responses, Request for Sanctions 328
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.1.31
Excerpt: ...e as complete and straightforward as the information reasonably available to the responding party permits.” “Parties, like witnesses, are required to state the truth, the whole truth, and nothing but the truth in answering written interrogatories.” (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783.) Answers to interrogatories must be “complete and responsive” and “it is not proper” to refer to other documents or pleadings in an inter...
2019.1.31 Demurrer 885
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.1.31
Excerpt: ...t both of the moving Defendants. It alleges that the Defendants have a duty to use reasonable care to safeguard, protect and oversee the decedent as she came out of major surgery (FAC, ¶ 19) and that, as a result of acts and omissions of the Defendants, the decedent died (FAC, ¶ 20). Defendants contend that this cause of action is defective because it appears to be a survival cause of action, i.e., a cause of action that accrued to the decedent...
2019.1.31 Motion for Leave to File Complaint 795
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.1.31
Excerpt: ... cross-complaint is untimely and that it is frivolous and without merit. A compulsory cross-complaint is one that alleges a “related cause of action,” or one that “arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.” Code Civ. Proc. §§426.10(c) & 426.30(a). Such cross-complaints should be filed at the time the answer to the Complain...
2019.1.24 Motion to Strike Punitive Damages 210
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.1.24
Excerpt: ...arrett (1977) 73 Cal.App.3d 864, 872. Here, Plaintiff seeks punitive damages in connection with her First Cause of Action for Violation of the Consumer Legal Remedies Act and Second Cause of Action for Fraud. In support of her claim for punitive damages, Plaintiff alleges that she purchased a new 2017 RAM truck from MDA on 04/27/18. (Complaint, ¶ 10.) She purchased the vehicle based on representations that the vehicle's purchase would be finance...
2019.1.24 Motion to Strike Memo of Costs 561
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.1.24
Excerpt: ...6.00 in CourtCall, and $112.92 in travel claimed under item 13 Plaintiff's complaint contains two causes of action against for violation of the Song-Beverly Act and violation of the Magnuson- Moss Act. Defendant served a statutory offer to compromise, which Plaintiff accepted on June 16, 2018. As part of the settlement, Defendant agreed to “pay Plaintiff's costs, expenses and attorneys' fees, in accordance with California Civil Code section 179...
2019.1.24 Motion to Serve Complaint by Serving California Secretary of State 187
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.1.24
Excerpt: .../18, and no new agent has since been registered. (Lefler Decl., ¶¶6-7, Ex. A.) Section 17701.16(c) states in pertinent part as follows: “If an agent for service of process has resigned and has not been replaced or if the designated agent cannot with reasonable diligence be found at the address designated for personal delivery of the process, and it is shown by affidavit to the satisfaction of the court that process against a limited liability...
2019.1.24 Demurrer 850
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.1.24
Excerpt: ...respectively. Pursuant to CCP §430.20(a), a party may Demurrer to an Answer, where the Answer “does not state facts sufficient to constitute a defense.” Additionally, an Answer must allege facts “as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint.” (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384). Allegations “proffered in the form of terse legal co...
2019.1.24 Demurrer 402
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.1.24
Excerpt: ...ts. It alleges that Plaintiffs had contracts for the rental of the real property that is the subject of the action and that the Defendants were aware of these contracts. (FAC, ¶ 131.) It alleges that the Defendants intentionally induced breaches or disruptions of these contracts, resulting in damages to the Plaintiffs. (FAC, ¶¶ 1132-133.) Defendants contend that the Plaintiffs may not maintain this cause of action because they were not the own...
2019.1.24 Application for Preliminary Injunction 691
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.1.24
Excerpt: ... or entity listed in the “master email list” and/or “Address Book” documents; 3. Retaining, using or exploiting any other documents or information which originated during the employment of any of the defendants at Plaintiff; 4. Contacting and/or soliciting for employment any employee or employees of Nations Direct; and 5. Obtaining, diverting, misappropriating and/or using in any manner any property or information originated at Nations. P...
2018.8.9 Motion for New Trial 950
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.8.9
Excerpt: ...n (CCP § 657(7)). With respect to insufficiency of evidence, defendants contend that plaintiff presented insufficient evidence to justify the damages in the amount of $20,000 for the refurbishment and construction of two 40 year old, 5 foot by 7 foot warehouse restrooms, which had their plumbing intact and capped off. Pursuant to CCP § 657, “[a] new trial shall not be granted upon the ground of insufficiency of the evidence to justify the ver...
2018.8.9 Demurrer, Motion to Strike 337
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.8.9
Excerpt: ...ay of fact or theory of recovery. While the two causes of action are similar, the first and second causes of action are based upon different Government Code sections, which impose different obligations upon public entities and allow different, alternative theories of recovery. Accordingly, the demurrer as to the First Cause of Action is OVERRULED. As to the Third Cause of Action alleging negligence per se, plaintiffs concede the merits of the dem...
2018.8.9 Motion to Compel Deposition 258
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.8.9
Excerpt: ...ed in the deposition notice. CCP §2025.450(a). Here, plaintiff served a Notice of Taking Deposition on the parties to this action by mail on 1/19/18. Pursuant to the notice, defendant was required to appear for deposition on 2/20/18. Multiple efforts were made to confirm the deposition, but defendant failed to respond to those efforts and failed to appear for deposition on 2/20/18. Plaintiff contends that defendant is a party to this action and ...
2018.8.9 Motion for Summary Judgment, Adjudication 600
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.8.9
Excerpt: ... argument is that plaintiff issued an annuity to defendant's mother whereby benefits were to be paid out only while she was alive and that plaintiff continued to pay out monthly payments for two years after her death. There are no facts showing that the defendant breached any contract. Plaintiff likewise does not address the elements of a claim for money had and received, which are: (1) defendant received money; (2) the money defendant received w...
2018.8.9 Motion to Strike 500
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.8.9
Excerpt: ...ed with malice, oppression, or fraud. Civil Code § 3294(a). Conclusory characterizations of defendant's conduct as intentional, willful and fraudulent is not sufficient. Brousseau v. Jarrett(1977) 73 Cal. App. 3d 864, 872. Here, Plaintiff has failed to make any allegations of malice, oppression or fraud. The Complaint as drafted is ambiguous and simply does not allege sufficient facts that show Defendant acted with malice, oppression or fraud. A...
2018.7.12 Motion to Strike Complaint 359
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.7.12
Excerpt: .... Defendant has not participated in this litigation since his anti-SLAPP motion was denied on 03/20/17. Defendant also failed to oppose the present motion. The Court finds that an order imposing other lesser sanctions, such as monetary, evidence, or issue sanctions, would not result in compliance with Defendant's obligation to provide discovery under the Discovery Act. The Court also finds that Defendant's failure and refusal to provide any disco...
2018.7.12 Motion to Reduce Deposition Fee 077
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.7.12
Excerpt: ...essive and $750 is reasonable, but he provides no specific examples from recent cases. Drs. Glucksman and Young are neurologists, which is different than neurosurgery, Dr. Shah's area of practice. Furthermore, Dr. Shah presents his declaration to show that he has charged and been paid the $1,450 fee 12-15 times over the past two years. Defendants fail to meet their burden of showing that the requested fee is unreasonable for a neurosurgeon. There...
2018.7.12 Motion to Set Aside Default 866
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.7.12
Excerpt: ...1005, and, when applicable, the statutes and rules providing for electronic service. Cal. Rule of Court 3.1300(c) requires that a proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing. Second, Code Civ. Proc. §473(b) states, in part: “Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the applica...
2018.7.12 Motion to Strike 359
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.7.12
Excerpt: .... Defendant has not participated in this litigation since his anti-SLAPP motion was denied on 03/20/17. Defendant also failed to oppose the present motion. The Court finds that an order imposing other lesser sanctions, such as monetary, evidence, or issue sanctions, would not result in compliance with Defendant's obligation to provide discovery under the Discovery Act. The Court also finds that Defendant's failure and refusal to provide any disco...
2018.7.12 Motion to Compel Further Responses, for Sanctions 245
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.7.12
Excerpt: ...und that plaintiff signed an arbitration agreement and discovery in a court forum was improper. On 5-8-18, defense counsel wrote to plaintiff's counsel and stated that defendants were still contemplating bringing a motion to compel arbitration and did not provide substantive discovery responses on that basis. On 5-17-18, plaintiff's counsel wrote an extensive e- mail to counsel in an attempt to meet and confer on the discovery requests. Plaintiff...
2018.7.12 Motion to Withdraw as Counsel 466
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.7.12
Excerpt: ...hin the past 30 days that the address is current. Additionally, the Declaration conflicts with the Proof of Service and states that the Motion was served by personal service on the client. Accordingly, it is unclear whether client has been served with the Motion at an address confirmed within the past 30 days. The Court is also concerned that withdrawal of counsel about a week before trial will be prejudicial to defendant, CreAgri, Inc. since a c...
2018.7.5 Demurrer, Motion to Vacate 144
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.7.5
Excerpt: ...or an agreement to lease property for more than a year must be in writing and signed by the party to be charged. Here, plaintiffs are seeking the enforcement of a lease agreement that exceeds a year in length. As such, it does not satisfy the statute of frauds. Plaintiffs do not dispute that the statute of frauds would ordinarily bar this claim. However, plaintiffs contend that equitable estoppel exception to the statute of frauds applies. “The...
2018.7.5 Motion to Compel Responses 967
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.7.5
Excerpt: ...efendant responded by objecting only. Since Plaintiff is not satisfied with the responses to the form interrogatories to which Defendant responded by objecting only, Plaintiff should have filed a motion to compel further responses. See Code Civ. Proc. § 2030.300. The motion filed of plaintiff SC&P Resources, Inc. for an order compelling defendant Andrew Park to provide responses, without objections, to Special Interrogatories, Set One, is DENIED...
2018.7.5 Motion to Strike Complaint, for Attorneys' Fees 577
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.7.5
Excerpt: ... challenge under section 425.16; and (3) that a prevailing defendant must recover fees through a second motion and only if the Court finds bad faith. The standard analysis for a motion under section 425.16 is comprised of two parts: (1) first, the moving defendant must make a showing that the conduct alleged is protected by section 425.16; and (2) if the Court finds that the defendant has met this standard, the responding plaintiff must show that...
2018.7.5 Motion to Withdraw as Attorney of Record 962
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.7.5
Excerpt: ...orney's Motion to Be Relieved as Counsel--Civil (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order must be served on the client and on all parties that have...
2018.6.28 Motion to Compel Responses 967
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.6.28
Excerpt: ...a different motion and procedure than what was filed here. Accordingly, the instant motion is denied. The motion filed by plaintiff SC&P Resources, Inc. for an order deeming Plaintiff's Request for Admissions, Set One, propounded on defendant Andrew Park as admitted is GRANTED as to nos. 1-4, and DENIED as to nos. 5-24. Defendant's responses to nos. 1-4 were not verified, so Plaintiff's request as to these Requests is granted. No verification was...
2018.6.28 Motion to Compel Further Responses 632
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.6.28
Excerpt: ...nts or things in the demanded category that are in the responding party's possession, custody or control will be produced (except to the extent of any objections). Here, the response does not state whether all documents in Defendant's “custody or control” were/will be produced. Accordingly, the Court GRANTS the motion to compel further responses to these Requests. Motion to Compel Further Responses to RFP Nos. 38-67. Defendant responds to eac...
2018.6.28 Motion to Compel Further Responses 244
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.6.28
Excerpt: ...pp.4th 1403, the extension of time must be a specific date and set forth in writing. On 12/18/17 plaintiff's counsel, Mark Didak, sent email correspondence to defense counsel, Terrence Moore, which stated in pertinent part, “Also, can we extend the current December 29 deadline for bringing any discovery motions to, say January 12, or even later? That way I don't have to rush to preserve our rights when, perhaps, we won't have to bring motions a...
2018.6.28 Motion for Summary Judgment 436
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.6.28
Excerpt: ... also argues that (2) Plaintiff has no evidence as to how long the liquid was present on the ground. This is also shown by Plaintiff's deposition testimony and her discovery responses. (Fact 4.) Therefore, Wal-Mart argues that Plaintiff cannot show that Wal-Mart created the dangerous condition or that Wal-Mart had actual or constructive notice of the existence of the dangerous condition. Furthermore, Wal-Mart argues that it has a store surveillan...
2018.6.28 Motion for Preliminary Injunction 144
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.6.28
Excerpt: ...nied as compared to the harm the defendant would be likely to suffer if the preliminary injunction were issued.” Smith v. Adventist Health System/West (2010) 182 Cal.App.4th 729, 749. The court employs a more probable than not standard. Robbins v. Superior Court (1985) 38 Cal.3d 199, 206. Further “[t]he trial court's determination must be guided by a “mix” of the potential-merit and interim-harm factors; the greater the plaintiff's showin...
2018.6.28 Demurrer, Motion to Strike 748
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.6.28
Excerpt: ...ry relief claim. In addition, the claims set forth in the second through fourth causes of action appear to belong to the corporation and not the individual cross-complainants. The fifth cause of action purports to seek indemnity from Nardone for damages against Nardone. Finally, the sixth cause of action asks for several different declarations without any clarity as to which cross-complainant is asking for them. The motion to strike is off-calend...
2018.6.7 Motion to Expunge Lis Pendens 848
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.6.7
Excerpt: ...roperty claim(s) by a preponderance of the evidence. (Code Civ. Proc., §§ 405.31, 405.32; Prob. Code, § 1000.) Unlike most other motions, when a motion to expunge is brought, the burden is on the party opposing the motion to both show the existence of a real property claim and the probable validity of that claim. Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 647; Code Civ. Proc., § 405.30. Amotion for expungement can be made at any time af...
2018.6.7 Motion for Summary Judgment 326
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.6.7
Excerpt: ...lt and Notice of Trustee's Sale were recorded in 2016, the statute was in effect. Under Civil Code §2923.55, prior to recording a Notice of Default, a servicer/lender has to either make contact with the borrower to explore options to avoid foreclosure, or attempt with due diligence to contact the borrower for that purpose. The specific steps required, including sending a letter containing certain information, follow-up phone calls, etc., are del...
2018.6.7 Motion for Protective Order 201
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.6.7
Excerpt: ...dacted to “J. S.” Defendant does not have to disclose and may redact the full names, addresses, signatures, phone numbers, or any other identifying information of the Association's members who submitted the annexation ballots. The motion of defendant Trabuco Highlands Community Association for a protective order regarding production of the membership list is similarly GRANTED. Defendant may redact the full names, but should leave the first in...
2018.6.7 Demurrer, Motion to Strike 210
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2018.6.7
Excerpt: ...a presumption of negligence if four elements are established: (1) the defendant violated a statute, ordinance, or regulation of a public entity; (2) the violation proximately caused death or injury to person or property; (3) the death or injury resulted from an occurrence the nature of which the statute, ordinance, or regulation was designed to prevent; and (4) the person suffering the death or the injury to his person or property was one of the ...

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