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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 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 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 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 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...
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 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 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...
2024.03.14 Motion to Compel Further Responses 863
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.14
Excerpt: ...o. 7, and awarding monetary sanctions in the amount of at least $1,387.57 against Defendant. Plaintiff additionally moves for an order compelling further responses to Request for Production of Documents, Set One (“RFP”), Nos. 4 -6, 8, 9, 15, and 19, and compelling compliance with RFP, Nos. 1 -3, 7, 10, 14, 16, and 17, as well as awarding monetary sanctions in the amount of at least $3,862.57 against Defendant. Lastly, Plaintiff moves for an o...
2024.03.14 Motion for Summary Judgment, Adjudication 812
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.14
Excerpt: ...egations of the plaintiff's complaint. (FPI Development v. Nakas hima (1991) 231 Cal.App.3d 367, 381 -382 (pleadings serve as the outer measure of materiality in a summary judgment motion)). Once a defendant meets its prima facie showing, the burden shifts to the plaintiff to show by reference to specific facts the exist ence of a triable issue as to that affirmative defense or cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4...
2024.03.14 Motion for Leave to File Complaint 708
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.14
Excerpt: ...section 426.50. However, when a defendant seeks to file a cross-complaint against another party, not the plaintiff, the cross -complaint is not compulsory. Rather, the defendant will be permitted to file a cross - complaint if the cause of action asserted: “(1) arises out of the same transaction, occurrence, or ser ies of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or...
2024.03.07 Motion to Establish Truth of Matters in RFAs, for Monetary Sanctions 257
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Excerpt: ... has not filed an opposition. Here, on June 21, 2023, Defendants served written discovery, including the instant Request for Admissions, Set One, by mail on Plaintiff, and responses were due no later than July 26, 2023. (Declaration of David W. Tetzlaff, ¶ 4, Ex. A.) To date, Plaintiff has failed to provide any response to Defendants' discovery requests, despite Defendants' counsel's attempts to meet and confer on August 22, 2023. (Id., ¶¶ 5,...
2024.03.07 Motion to Deny Application for Determination of Good Faith Settlement 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Excerpt: ...ward -Clyde & Associates (1985) 38 Cal.3d 488. Any party objecting to a proposed settleme nt has the burden to prove an absence of good faith. (Code Civ. Proc., § 877.6, subd. (d).) The objecting party must prove that the settlement is “so far out of the ballpark” in comparison to the Tech- Bilt factors that it is inconsistent with the equitab le objectives and purposes of section 877.6. (Tech -Bilt, supra, 38 Cal.3d at pp. 499 -500.) Page 1...
2024.03.07 Motion to Compel Binding Arbitration 408
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Excerpt: ...UNSTOPPABLE AUTOMOTIVE GROUP, LLC (Plaintiff's former employer) separately moves for an aw ard of fees. Initially, the action was initiated on 4/19/2023 when Plaintiff filed the Complaint. Thereafter, she filed a First Amended Complaint on 4/25/2023 pleading causes of action for Sexual Harassment, Retaliation, Failure to Prevent Harassment and Retaliation, Retaliation under Labor Code. The parties herein do not dispute that a valid Arbitration ...
2024.03.07 Motion to Bifurcate Action 347
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Excerpt: ...urt may, when the convenience of witnesses, the ends of ju stice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be hel d, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the ...
2024.03.07 Demurrers, Motion to Strike 446
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Excerpt: ... true.” (SI 59 LLC v. Variel Warner Ventures, LLC (2018) 29 Cal.App.5th 146, 154; CACI 1903.) “It also requires the tortfeasor's intent to induce reliance, justifiable reliance by the person to whom the false assertion of fact was made, and damages to that person.” (Ibid.) “An implied assertion of fact is ‘not enough' to support liability.” (Ibid.) Like fraud, negligent misrepresentation must be specifically pled. (Cadlo v. Owens - ...

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