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2024.05.30 Demurrer 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.30
Excerpt: ...t Will -Work. Will- Work a sserts that since the Court's sustaining of Will -Work's previous demurrer, Plaintiff has only inserted a few ambiguous, conclusory statements about Will -Work, neglected to revise its caption page to add Will -Work as a defendant, a fatal flaw as discussed i n the concurrently filed Motion to Strike, and fails to allege any specific facts related to Will -Work's conduct. Will -Work also contends that the Ninth Cause...
2024.05.30 Motion to Compel Further Responses 092
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.30
Excerpt: ... objections to RFP 1; 3. To produce all responsive documents, with emails and excel sheets produced in native format; and 4. To serve verifications to the Third Supplemental Responses dated February 7, 2024, and any other amended/supplemental responses served thereunder. Plainti ff contends that The Garden's responses and supplemental responses to the requests at issue are incomplete and that the boilerplate objections are meritless. Plaintiff a...
2024.05.23 Motion to Transfer Action 643
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...laint for declaratory and i njunctive relief, based on the facts pleaded, the only cognizable injury HNHPC alleges is the assessment of tax liabilities on it, and the gravamen of this lawsuit is a tax refund action as the net result of HNHPC's claims, if successful, would be to absol ve it of its assessed tax liabilities. Respondents assert that Revenue and Taxation Code (“RTC”) sections 34013 and 55243 and California Constitution, Article XI...
2024.05.23 Motion to Compel Further Responses 247
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ... if an ans wer to a particular interrogatory is evasive or incomplete, or an exercise of the option to produce documents under Code Civ. Proc. section 2030.230 is unwarranted or the required specification of those documents is inadequate, or an objection to an interr ogatory is without merit or too general. The motion must be accompanied by a meet and confer declaration under Code. Civ. Proc. Section 2016.040. (Code Civ. Proc. § 2030.300(b).) P...
2024.05.23 Motion for Summary Judgment 815
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...oceeding.” (Code Civ. Proc., § 437c(a)(1).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which ob...
2024.05.23 Motion for Summary Judgment 482
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...rk as “an off icer” and “personnel” of Kash Construction, Inc., which holds the requisite Class B General Building license obtained by Mohammad Kashouli, the CEO of Kash Construction Inc. Plaintiff submits no legal authority in support of this argument. Plaintiff als o points out that Plaintiff has a Motion for Leave to File a First Amended Complaint calendared for a June 6, 2024 hearing. In the First Amended Complaint, Plaintiff seeks to...
2024.05.23 Motion for Leave to File FAC 480
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...damages to Plaintiff s which directly relate to and arise out of the same set of general facts and transaction underlying Plaintiffs' claims as alleged in their operative complaint, i.e., Plaintiffs' transaction with Architectural, Inc. for the purchase and installation of handmade steel windows and doors at Plaintiffs' home. Procedural Requirements A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or am...
2024.05.23 Demurrer 125
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.23
Excerpt: ...rty must mee t and confer in person, by telephone, or by videoconference. (Code Civ. Proc., § 430.41.) Here, Plaintiffs met and conferred by email only. (Declaration of Parham Nikfarjam ¶¶ 2 -3.) The Court will exercise its discretion to consider the merits of the D emurrer but admonishes the parties and counsel that the future failure to comply with Page 11 of 25 all applicable statutes and rules may result in a motion being denied or taken o...
2024.05.16 Motion for Summary Judgment 340
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...ion commonly po ssess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) “The standard of care against which the acts of a physician are to be measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be proved by t...
2024.05.16 Demurrer 697
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...�if the pleading is so incomprehensible that a defendant cannot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) Page 18 of 33 Here, it is unclear what Plaintiffs are alleging a grievance with. They allege that Plain tiff Aretha Li's saxophone was stolen and that the Placentia Police Department did not adequately investigate the case. They then allege that various police officers, city counc...
2024.05.16 Motion for Terminating Sanctions, Monetary Sanctions 189
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...leadings of any party engaging in the misuse of the discovery process, an order staying further proceedings by that party until an order for discovery is obeyed, an order dismissing the action, or any part of that action, of that party, or an order rendering a judgment by de fault against that party. (Code Civ. Proc. § 2023.030(d).) Additionally, the Court may impose a monetary sanction ordering that one engaging in conduct that is a misuse of t...
2024.05.16 Motion to Compel Arbitration 170
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...cation allowing John W . Lomas, Jr. to appear as counsel pro hac vice for Defendant, Thales Avionics, Inc. In reviewing the application for pro hac vice, there appears to be a number of deficiencies. Under California Rules of Court, rule 9.40(c)(1), the applicant must file p roof of service by mail of a copy of the application and of the notice of hearing of the application on the State Bar of California at its San Francisco. Additionally, unde...
2024.05.16 Motion to Stay Proceedings 759
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.16
Excerpt: ...ober 26, 2023. ( See ROA 81.) Petitioner appears to have filed a Substitution of Attorney on October 30, 2023, indicating that it is now represented by Marc Cohen, Esq. of Cohen Law Group, APC. (ROA 91.) On that same date, Petitioner filed an Association of Counsel indic ating that Allen Matkins Leck Gamble Mallory & Natsis LLP, and attorneys Scott J. Leipzig, Michael R. Farrell, and Tim C. Hsu, are associating in as co -counsel for Petitioner ...
2024.05.09 Motion to Deem RFAs Admitted 661
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.09
Excerpt: ...nt to C.C. P. §§ 2023.010, 2023.030, 2033.280(b). PLAINTIFF also moves for an Order compelling DEFENDANT HORIZON CONSTRUCTION & REMODELING, INC. to serve verified responses, without objection, to Plaintiff's Form Interrogatories - Employment [Set Three], within ten (10) calendar days of the hearing on this Motion. (ROA 144.) Plaintiff moves for an order that Defendant Horizon and its counsel of record Fred Hayes and Rogers, MacLeith & Stolp, L...
2024.05.09 Motion for Summary Judgment 880
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.09
Excerpt: ...ond cause of action for stri ct products liability. Request for Continuance In the alternative, Valley Forge contends that the hearing should be continued under Code of Civil Procedure section 437c(h) as additional facts regarding the purchase, installation, and failure of the Culli gan System will be revealed through additional discovery including the deposition of Defendant, Morris Inc.'s PMK which has not yet been taken; and which has been rev...
2024.05.09 Motion for Sanctions 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.09
Excerpt: ...t least 21 day s before the motion is filed. Section 128.7(c) reads, in pertinent part: "A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). Notice o f motion shall be served as provided in section 1010, but shall not be filed with or presented to the court unless, within 21 days of service of the motion, or any other p...
2024.05.02 Motion to Compel Further Responses 123
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ...nses dee med improper by the propounding party; e.g., objections, or evasive or incomplete answers. [Code Civ. Proc. § 2030.300.] Additionally, failing to respond to Form Interrogatories within the time limit waives most objections to the interrogatories, includin g Page 4 of 33 claims of privilege and “work product” protection. [Code Civ. Proc. § 2030.290(a).] In this instance, Plaintiff propounded Form Interrogatories to Connell Chevrolet...
2024.05.02 Motion for Summary Judgment 935
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ...inst the aforementio ned parties on three issues. Notice Plaintiff, Citizens Insurance Company of America, (“Plaintiff” or “Citizens”) contends that that motion should be denied as Craig failed to provide proper 75 days' notice as required by Code of Civil Procedure section 437c. 75-days' notice is required on a motion for summary judgment. (Code Civ. Proc. § 437c(a)(2).) Code Civil Procedure section 437c(a)(2) states, “Notice of the m...
2024.05.02 Motion for Summary Judgment 723
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ...favor and against the afor ementioned parties as to the five issues regarding Plaintiffs' causes of action for negligence, strict products liability, private nuisance, and trespass which are asserted against Craig. Notice Plaintiff, Citizens Insurance Company of America, (“Plaintiff” or “Citizens”) contends that that motion should be denied as Craig failed to provide proper 75 days' notice as required by Code of Civil Procedure section 4...
2024.05.02 Demurrer to SAC 296
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ...iary duty causes of action o n the grounds they are not sufficiently pled. Plaintiff did not file an Opposition. Whether the Action is Barred by the Statute of Limitations? Page 18 of 33 Defendant contends that the gravamen of Plaintiff's action is for negligence despite the fact that he asserts causes of action for misrepresentation, breach of written contract, and breach of fiduciary duty. Defendant contends that Plaintiff “reframed” his ...
2024.05.02 Demurrer to FAC 695
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ... state law, (2) deprived plaintiffs of rights secured by the Constitution or federal statutes.” (Murchison v. County of Tehama (2021) 69 Cal.App.5th 867, 883.) While municipalities may be held liable for causing a constitutional deprivation inflicted by its employee s or agents, Monell v. Department of Social Services (1977) 436 U.S. 658, 690, neither a state nor its officials acting in their official capacities can be held liable under it, Wi...
2024.05.02 Demurrer 353
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.05.02
Excerpt: ... declaration in accord ance with the Court's January 11, 2024 Minute Order. Said declaration provides that the parties met and conferred via telephone on February 7, 2024, per the Court's ruling, and that they were unable to come to an agreement as to any issue. (Declaration of Jason M. Fodrini, ¶¶ 5 -8.) First Cause of Action for Breach of Contract Defendant contends that the Complaint is brought on behalf of five plaintiffs living in three s...
2024.04.25 Demurrer 671
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.25
Excerpt: ...nt cites to Janken v. GM Hughes Elec. (1996) 46 Cal.App.5th 55, 64 -65 as legal authority. In Opposition, Plaintiff contends that the Court previously found a viable claim could be pled based on Plaintiff's protected status if alleged; that the SAC pleads that Plaintiff went on medical leave on 4/23/2020, returned, and then Defendant Leano's conduct worsened when she returned (see SAC, ¶¶ 23 and 32); and the fact that a defendant is in a manage...
2024.04.25 Demurrer 983
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.25
Excerpt: ...24, Cross -Defendants timely filed and serv ed a supplemental declaration pursuant to the Court's March 7, 2024 Minute Order. Despite apparent telephonic conferences to meet and confer held on March 15, 2024, and March 26, 2024, it appears that the parties failed to reach an agreement concerning any of the 11 causes of action at issue. Standing for Dessau and M86 Cross -Defendants contend that Dessau and M86 lack standing to file a lawsuit agai...
2024.04.25 Demurrer to FAC 148
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.25
Excerpt: ... The opposition was to include why the Court should not sustain, without leave to amend, the demurrer to the First Amended Complaint. (See ROA 60.) Initially, the Court notes that the opposition does not have a proof of service. A proof of service of the opposition must be filed with the court. (California Rules of Court, rule 1.21(b).) Nevertheless, as a reply on the merits has been filed, the Court will address the merits of the demurrer. The...
2024.04.25 Motion for Summary Judgment 405
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.25
Excerpt: ...hibits are attach ed to the operative Complaint. (See ROA 2.) Plaintiff filed a Supplement to Complaint attaching what appears to be a 3 -day notice to quit, dated November 1, 2022. (ROA 10.) According to the declaration of service, the notice was personally handed to De fendant Robert Campbell on November 1, 2022. Notably, the dates in the Supplement to Complaint do not match the dates and actions as alleged in the Complaint. II. Request for Ju...
2024.04.25 Motion to Quash Service of Summons 875
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.25
Excerpt: ...of jurisdiction. When a defendant challenges that jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.” (Dill v. Berquist Construction Co. (199 4) 24 Cal.App.4th 1426, 1439 -1440.) The parties agree that there is no basis for the exercise of general personal jurisdiction over Defendant. The question is whether speci�...
2024.04.25 Motion to Compel Deposition, for Sanctions 871
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.25
Excerpt: ...2020.010(b), 2025.280(b ); see Terry v. SLICO (2009) 175 Cal.App.4th 352, 357, (citing text)] (Code Civ. Proc. § 1985 et seq. dealing with subpoenas generally also apply to deposition Page 3 of 39 subpoenas except as modified by § 2020.010 et seq.; see Code Civ. Proc. § 2020.030.] Personal service of a deposition subpoena requires a person who is a resident of California to appear, testify and produce whatever documents or things are specifi...
2024.04.18 Motion to Strike 648
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.18
Excerpt: ...sponded 7/26/2023. Pl aintiff filed Page 7 of 21 this Motion to Compel Further Responses to RPDS on 8/23/2023. The Court notes that in recent years, an astounding number of cases have been filed against Defendant Volkswagen Group of America, Inc. in OCSC. These cases involve a tremendous amount of time and resources for the Court, its staff, and research attorneys. For example, in this case, Plaintiff's motion includes a 195 page separate state...
2024.04.18 Motion to Seal 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.18
Excerpt: ...ntiff's Motion to Compel further Deposition of HMA's Person Most Knowledgeable: a. Paragraph 4 – 1:19, 20 – 3:6 b. Paragraph 5 – 3:7 -8 c. Paragraph 6 – 3:9 -10 d. Exhibit P e. Exhibit Q 3. ROA# 488, Plaintiff's Amended Motion for Terminating Sanctions or Alternatively, f or Issue and/or Evidentiary Sanctions a. Page 1:15 -16, 19 -27 b. Page 2:2 -8 c. Page 2, fn. 3 d. Page 6, 13 -14, 16 -24, 26 -28 e. Page 7: 1 -2 4. ROA# 486, Amended Dec...
2024.04.18 Motion to Compel Verified Responses, for Monetary Sanctions 257
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.18
Excerpt: ...re, the motion is d enied, without prejudice, for the same reasons as set forth in the Court's March 7, 2024 and March 28, 2024 Minute Orders on Defendants' motion to deem the truth of the matters in Request for Admissions, Set One, admitted and motion to compel responses to Demand for Production of Documents, Set One. (See ROAs 90 and 94.) On June 21, 2023, Defendants served written discovery by mail on Plaintiff, including the instant Form Inte...
2024.04.18 Motion for Summary Judgment 362
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.18
Excerpt: ...tiary objections to the De claration of Robert Dale Beaver are OVERRULED. Plaintiff's request for judicial notice of Orange County Ordinance 2183 and the Court's 04 -0722 minute order is GRANTED. (Evid. Code, § 452(b), (d).) Steven and Robert purchased the Pine Place property in 1 988 as joint tenants. Steven subsequently moved out in 1989 or 1990. Robert claims that in 1992, he and Steven agreed that Steven would grant Robert his entire interes...
2024.04.18 Motion for Reconsideration 191
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.18
Excerpt: ...ly found tha t defendant Cutler is subject to the Page 5 of 21 Court's personal jurisdiction in its November 17, 2023 Minute Order and that Defendant has not met his burden for reconsideration. A motion for reconsideration must be filed within 10 days of service of n otice of entry of the order in question. (Code Civ. Proc., § 1008(a).) However, “the trial court retains the inherent authority to change its decision at any time prior to the en...
2024.04.18 Demurrer 563
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.18
Excerpt: ...fact the operativ e complaint is the First Amended Complaint. The court also notes that Plaintiff filed two identical oppositions to the Demurrer. In the notice of motion, Defendant argues that Plaintiff lacks standing to bring the action. Defendant also argues that the complaint is uncertain because Plaintiff failed to allege whether the actions are brought on Plaintiff's behalf or on the corporation's behalf and, to the extent that they were b...
2024.04.11 Motion to Strike 273
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.11
Excerpt: ...e meet and confer, pursuant to Code of Civil Procedure S ection 435.5. The Court notes that Defendant failed to adequately meet and confer before filing this Motion. The Court will exercise its discretion to consider the merits of the Motion at this time but admonishes Def endant that the future failure to comply with all applicable statutes and rules may result in a motion being taken off calendar in the future or sanctions, where appropriate. ...
2024.04.11 Demurrer 651
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.11
Excerpt: ...iled to fil e an opposition. In reviewing the complaint, it is unclear what causes of action are being alleged and against whom. However, the gravamen of the complaint appears to be rooted in a negligence claim. Defendant's first argument that plaintiff's complai nt fails to plead any of the elements of dangerous condition of public property under Government Code section 835 is well taken. Moreover, Defendant also appears correct in its asserti...
2024.04.11 Motion to Vacate Court Order Compelling Arbitration 300
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.11
Excerpt: ...r than her i nitial request. No explanation is given as to why Plaintiff now seeks a sanction amount 37 times greater than initial requested. Plaintiff contends in her moving papers, that Defendants failed to timely pay fees or costs to initiate an arbitration procee ding. Indeed, in her moving papers, Plaintiff cites to and relies exclusively on Code Civ. Proc. §1281.97(a) quoting as follows: “In an employment or consumer arbitration that req...
2024.04.11 Special Motion to Strike 782
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.11
Excerpt: ...vice of the Complai nt as the Complaint was served on the City on June 15, 2023. Plaintiff does not dispute this assertion in the points and authorities. “The special motion may be filed within 60 days of the service of the complaint or, in the court's discretion, at any la ter time upon terms it deems proper.” (Code Civ. Proc. § 425.16(f).) “In other words, the defendant is only entitled to ‘file[]' such a motion within 60 days of ser...
2024.04.04 Motion to Quash Service of Summons 660
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.04
Excerpt: ...o effectua te personal service. Instead, Plaintiff served all Defendants by emailing the summons and complaint to Defendant Chavez. Defendants argue that Chavez did not agree to accept service of the summons and complaint by email and further did not agree to accep t service on behalf of the other Defendants. Defendants also argue that Plaintiff did not establish that she made diligent attempts to personally serve Defendants prior to serving them...
2024.04.04 Motion to Compel Responses, for Monetary Sanctions 361
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.04
Excerpt: ... must consider the objections to the interrogatories, the interrogatories themselves, the pleadings, and the contentions of the interrogating party as to the purpose and validity of the interrogatories. (Columbia Broadcasting System, Inc. v. Superior Court for Los Angeles C ounty (1968) 263 Cal.App.3d 12, 18- 19.) “If the interrogatories stray too far and seek information which cannot reasonably serve the acknowledge purposes of pretrial discov...
2024.04.04 Motion to Compel Responses 272
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.04
Excerpt: ...1, 2023 be deemed admi tted and conclusively established for all purposes in this action. Defendants additionally move for an order awarding monetary sanctions against Plaintiff in the sum of $690 each for three filed motions for a total of $2,070 for all motions. Defendants contend that Plaintiff has not served responses to the discovery at issue and that Plaintiff has asserted that she has already responded to the discovery via her complaint a...
2024.04.04 Motion for Relief from Entry of Default 793
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.04.04
Excerpt: ...operly serve an amen ded Complaint by April 3, 2023, or thereafter; that at the May 4, 2023, Case Management Conference, Plaintiff had still not filed the First Amended Complaint and represented to the Court that one would be filed but that one had still not been filed and tha t Plaintiff never requested additional time to file and serve an amended complaint, and no extension was granted. Defendant asserts that the entry of default appears to...
2024.03.28 Motion to Compel Responses, for Monetary Sanctions 257
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.28
Excerpt: ...ng party has 30 days after service of a demand for inspection to ser ve a response, Page 4 of 16 unless the parties agree to extend the date for a response and the agreement is “confirmed in a writing that specifies the extended date . . . for the service of a response.” (Code Civ. Proc. §§ 2031.260(a), 2031.270(a) -(b).) If a party to whom requests for production of documents were directed fails to serve a timely response, the propoundin...
2024.03.28 Motion to Compel Further Responses 480
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.28
Excerpt: ... if a statement of compliance with the demand is incomplete, a rep resentation of inability to comply is inadequate, or an objection is without merit or too general. (Code Civ. Proc., § 2031.310(a).) The motion must set forth specific facts showing good cause to justify the discovery sought. (Code Civ. Proc., § 2031.310(b).) A party may move for an order compelling further responses to interrogatories if the party deems an answer to be evasive...
2024.03.28 Motion for Summary Judgment 689
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.28
Excerpt: ...e profession commonly possess and exercise; (2) a brea ch of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) “The standard of care against which the acts of a physician are to b e measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be p...
2024.03.21 Motion to Compel Continued Depositions 211
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.21
Excerpt: ...��If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” Co de of Civil Procedure section 2025.480(b) states, in relevant part: “[t]his motion [motion to compel answers or pro...
2024.03.21 Motion for Summary Judgment, Adjudication 337
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.21
Excerpt: ...operty. ISSUE NO. 2: Summary Adjudication is proper as to Plaintiff's Second Cause of Action for Premises Liability because Defendant had no actual or constructive notice of a dangerous condition on Defendant's property. Initially, the Court notes that the instant motion and moving papers were filed and served on February 8, 2024, which is only 42 days before the noticed hearing date of March 21, 2024. 75 -days' notice is required on a motion fo...
2024.03.21 Motion for Attorney Fees 953
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.21
Excerpt: ...berts dba Image Auto Group; 2. that all parties to this acti on are hereby restrained from instituting or further prosecuting any other proceeding in any other court in the State of California, or any other jurisdiction, affecting the rights and obligations between the parties to this interpleader; 3. that Hudson b e dismissed with prejudice from the instant action, and any legal actions pending against the bond proceeds; 4. that Hudson be awarde...
2024.03.21 Motion for Attorney Fees 943
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.21
Excerpt: ...award of reasonable attorneys' fees and costs pursuant to Civil Code section 1717, as they are authorized by the Promissory Note at issue in this case. Plaintiff asserts that the motion is timely; that the lodestar applies; that 172.6 hours of attorney time was expended for this action which commenced in October 2020 through August 2023 by Sean Cooney, principal of Cooney Law PC, and is reasonable as this case was aggressively defended until coun...
2024.03.21 Demurrer 249
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.21
Excerpt: ... Fourteenth Amendment, and Third Cause of Action for Civil Harassment. D efendant contends that although the caption of Plaintiff's Complaint appears to allege violations of the 4th and 14th Amendments, the body of the Complaint states no facts regarding any such violations, and that actions were taken in accordance with the OC Municipal Code. Defendants also contend that Code of Civil Procedure section 527.6 concerns harassment, and that Plainti...

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