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2023.06.08 Demurrer 770
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.06.08
Excerpt: ...er shall distinctly specify the grounds upon which any of the objections to the complaint . . . are taken. Unless it does so, it may be disregarded.” (Code Civ. Proc. § 430.60.) In addition, “[e]ach ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint . . ., or to specified causes or action . . . .” (California Rules of Court, rule 3.1320.) Here, the demurrer does not set forth each g...
2023.06.01 Motion to Strike Punitive Damages 363
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.06.01
Excerpt: ... abandonment of the claims to which the moving party objected. (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.) Accordingly, the court may construe Plaintiffs' failure to oppose the Motion to Strike as an abandonment of any opposition to the issues raised in the moving papers. (Ibid.) On the merits, the court agrees that punitive damages have not been sufficiently alleged against Defendant Monarch Home Maintenance & Inspection. Becaus...
2023.06.01 Motion to Compel Responses, to Deem Truth of All Matters 212
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.06.01
Excerpt: ...hrough 15. Third, Defendant Tran moves for an order deeming the truth of all matters specified in Amended Request for Admissions, Set One. As to each of the three motions, Defendant Tran also moves for an order awarding monetary sanctions against Plaintiff and her counsel of record in the sum of $1,133. Defendant Tran asserts that Plaintiff served responses to the discovery at issue but did not include Plaintiff's signed verifications although th...
2023.06.01 Motion for Attorney Fees 863
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.06.01
Excerpt: ..., i.e., 60 days after the Court's December 5, 2022 Order and Plaintiff's Notice of Entry of that Order; that Defendant's anti-SLAPP motion was frivolous as any reasonable attorney would know that Defendant could not meet her burden on the first prong; that Defendant's counsel knew or should have known that the anti-SLAPP motion lacked legal merit; and that Defendant's counsel relied exclusively on Birkner v. Lam (2007) 156 Cal.App.4th 275, which ...
2023.06.01 Motion for Attorney Fees 072
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.06.01
Excerpt: ...revailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs." (Civ. Code, S 1717(a).) "Prevailing party" means "the party who recovered a greater relief in the action on the contract." (ld., S 1717(b)(1).) A court has wide discretion in determining what constitutes reasonable...
2023.05.25 Motion to Compel Further Responses 301
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.25
Excerpt: ...s on the moving party to demonstrate both: (1) relevance to the subject matter (e.g., how the information in the documents would tend to prove or disprove some issue in the case), and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial). (Glenfed Develop. Corp. v. super. ct. (1997) 53 cal.App.4th 1113, 1117.) Specifically, the moving party can also show good cause ...
2023.05.25 Motion to Compel Deposition 356
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.25
Excerpt: ...rch 12, 2023, that Plaintiff would appear in-person, but that three days before the deposition on April 18, 2023, Plaintiff's counsel demanded that the deposition take place via remote videoconference due to the distance. Defendant also contends that at no time prior to the date of the deposition set for April 21, 2023, did Plaintiff's counsel serve objections to the deposition notice. Defendant additionally asserts that when Defendant's counsel ...
2023.05.25 Demurrer to SAC, Motion to Strike 363
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.25
Excerpt: ...to the tort action for deceit, are (1) misrepresentation (false representation, concealment or non-disclosure); (2) knowledge of falsity (or "scienter"); (3) intent to defraud, i.e., to induce reliance; (4) justifiable reliance; and (5) resulting damage. (Hackethal v. National Casualty Co. (1987) 189 Cal.App.3d 1102, 1110.) The elements of an action for fraud and deceit based on concealment are: (1) the defendant must have concealed or suppressed...
2023.05.25 Demurrer 919
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.25
Excerpt: ...ies; (4) contractual terms which are sufficiently definite to enable the court to know what it is to enforce; and (5) a substantial similarity of the requested performance to that promised in the contract. [Citations.]' [Citations.]" (Real Estate Analytics, LLC v. Val/as (2008) 160 Cal.App.4th 463, 472.) "To obtain specific performance, a plaintiff must... provCe] the elements of a standard breach of contract." (Darbun Enterprises, Inc. v. San Fe...
2023.05.25 Demurrer 871
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.25
Excerpt: ...ute a cause of action for breach of contract against Defendants, as there is no allegation that Plaintiff ever attempted to purchase the Property or that Defendant prevented Plaintiff from purchasing the Property. Defendants also argue that the breach was due to the fact that Plaintiff moved someone into the Property in violation of the Residential Lease Agreement, and that Plaintiff has failed to qualify for the purchase of the Property, and is ...
2023.05.18 Discovery Motions 627
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.18
Excerpt: ...or an order compelling Defendant to serve full and complete, objection- free responses to Plaintiff's Requests for Production, Set One, and awarding monetary sanctions in the sum of $828 against Defendant. Plaintiff contends that it served Defendant with Form Interrogatories, Set One and Requests for Production, Set One, and that Defendant's responses were due on December 2, 2022, but that prior to filing the present motions, no responses were re...
2023.05.18 Motion for Judgment on the Pleadings 973
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.18
Excerpt: ...on for Violation of California's Unfair Competition Law Defendant seeks judgment on the pleadings as to Plaintiff's ninth cause of action for violation of California's Unfair Competition Law. In his ninth cause of action, Plaintiff alleges that Defendant violated Business and Professions Code sections 17531 and 17535. Business and Professions Code section 17531 states: "It is unlawful for any person, firm, or corporation, in any newspaper, magazi...
2023.05.18 Petition for Alternative Writ of Mandate 535
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.18
Excerpt: ... Cause-DOI, Proof of Service Civil and DS 367 Officers Statement by mail on the DMV on 03/08/2023 (ROA g), and the Court set the Petition for 05/18/2023. On 03/13/2023, the Court granted Petitioner's Ex Parte Application for Stay of Suspension and Issuance of Alternative, staying the suspension of Petitioner's driving privileges to 05/18/2023, scheduled the Petition for 05/18/2023, provided that "Ca]ll briefing is per code", and ordered the "cler...
2023.05.11 Motion for Summary Judgment 636
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.11
Excerpt: ..."dangerous condition of public property under Government Code section 835; and (3) the City was not on notice of the alleged dangerous condition. Design Immunity Government Code 830.6 states: "Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or i...
2023.05.11 Motion for Leave to File Complaint 807
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.11
Excerpt: ...iable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him." Such a cross-complaint may be filed at any time before the cour...
2023.05.11 Demurrer 742
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.11
Excerpt: ...l Distress and Fourth Cause of Action for Negligent Infliction of Emotional Distress fail to state facts sufficient to constitute causes of action. Plaintiff contends that Cruz failed to comply with the statutory requirements that defendant meet and confer at least 5 days before filing a demurrer and file a meet and confer declaration prior to filing its demurrer, as defense counsel states it attempted to communicate through email but Plaintiff's...
2023.05.11 Demurrer 650
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.11
Excerpt: ...ges defects on the face of the complaint, it can refer to matters outside the pleading only if those matters are subject to judicial notice. (Tenet Healthsystem Desert, Inc. v. Blue Cross of California (2016) 245 Cal .App.4th 821, 833 ["We assume the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded, and matters of which judicial notice has been taken."]•) The elements of a leg...
2023.05.04 Motion to Strike 258
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.04
Excerpt: ...el Kluchin ("Kluchin") and Deba Shyam ("Shyam") should be stricken or disregarded, in their entirety, because they assert, and are premised upon, factual claims that directly contradict an interrogatory response of their employer, Defendant, Continuum Analytics, Inc. ("Continuum"). Specifically, TPG argues that Continuum's interrogatory response, verified by Shyam, to TPG's special interrogatory asking continuum to "DESCRIBE IN DETAIL the involve...
2023.05.04 Motion to Compel Further Responses, for Monetary Sanctions 587
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.04
Excerpt: ...d not adequately met and conferred and continued this matter with an order to the parties to meet and confer and file a joint statement of any remaining issues. The joint statement was filed on April 21, 2023. (ROA 176.) The joint statement states that the parties met and conferred telephonically and were unable to reach an agreement on any of the issues raised. The Court finds that the meet and confer requirement has now been satisfied and will ...
2023.05.04 Motion to Compel Further Responses 980
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.04
Excerpt: ... cites to Golf & Tennis Pro Shop, Inc. v. Superior Court (2022) 84 Cal.App.5th 127, in which the court held that notice was ineffective where the notice did not identify the specific interrogatories at issue, cite any authority for the motion, state what was deficient about the responses, and failed to identify the papers upon which it was to be based. (ld. at p. 138.) Here, Plaintiff's Notice of Motion specifically identifies Request Nos. 15 and...
2023.05.04 Motion for Judgment on the Pleadings 123
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.04
Excerpt: ...ed in the Complaint is for breach of contract. No argument has been made regarding Plaintiff's breach of contract claim. Further, the breach of contract claim is asserted against "All Defendants, Except GM." (Compl. at 7:2-3.) The motion is DENIED as to the Second Cause of Action. Fifth and Sixth Causes of Action for Breach of Implied Warranty and Breach of Express Warran ty The fifth cause of action for breach of implied warranty and sixth cause...
2023.05.04 Demurrer 517
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.05.04
Excerpt: ...n and Fourth Cause of Action fail to state facts sufficient to constitute a cause of action and are uncertain. Specifically, they contend that the Second Cause of Action is based on conclusory allegations, alleges a neighbor dispute, fails to state facts which support extreme and outrageous, and fails to allege facts showing that or how Cross-Defendants intended to cause Cross-complainants severe emotional distress. Cross-Defendants argue the Fou...
2023.04.27 Petition to Compel Arbitration 155
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.04.27
Excerpt: ... or "Splice Members") to arbitrate all claims and disputes, including each cause of action asserted in the Complaint filed in this action, in the arbitration pending before JAMS, captioned Maher v. Splice Agency LLC, et al., JAMS Case No. 5100000379 ("Maher Arbitration"); 2. an order, pursuant to California Code of Civil Procedure section 1281.4 and the Federal Arbitration Act, g USC S 3, dismissing this action or, alternatively, issuing a stay p...
2023.04.27 Motion to Vacate Default Judgment 983
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.04.27
Excerpt: ...ng papers due on April 7, 2023, opposition papers due on April 14, 2023, and reply papers due on April 1 g, 2023. (April 5, 2023 Minute Order, ROA 114.) The Court notes that while the moving papers were served on April 7, 2023, they were filed late on April 10, 2023. Nevertheless, the Court will consider the moving papers. Moving Defendants argue that on October 6, 2022, Plaintiff filed an amended complaint without proper notice to Moving Defenda...
2023.04.27 Demurrer 620
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.04.27
Excerpt: ...heir individual, derivative, or assignee capacities. This is confusing, especially considering Plaintiff has also pled that, "Marshall Properties assigned all of its tort and other claims and choices of action alleged herein to Huzyak, with the exception of its derivative claims for breach of fiduciary duty as alleged herein." Second Amended Complaint'l. Plaintiff Huzak is identified as a Plaintiff in each of the seven causes of action pled in th...

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