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2022.10.20 Motion to Strike Punitive Damages 776
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.20
Excerpt: ... in their context, and assume their truth. [Citations.] In ruling on a motion to strike, courts do not read allegations in isolation. [Citations.]” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) “Further, even though certain language pleads ultimate facts or conclusions of law, such language when read in context with the facts alleged as to defendants' conduct may adequately plead the evil motive requisite to recovery of puniti...
2022.10.20 Motion to Compel Further Responses, Deposition 204
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.20
Excerpt: ...fornia Gas Company: Alex Taylor, Rick Hartley, “Anthony,” and Southern California Gas Company's Persons Most Qualified re: direction, approval, oversight, decision making, and knowledge to subsequently install the protective yellow “T- Bars” at the fall location on both sides of the dangerous low-lying gas pipe riser and trip hazard, on which plaintiff tripped and fell and to reset the discovery schedule as necessary; and 4. Awarding disc...
2022.10.20 Motion to Compel Arbitration 203
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.20
Excerpt: ...judicial notice of: (1) Plaintiff's Complaint in this action; and (2) a February 11, 2016 Notice of Entry of Dismissal and Proof of Service filed in the matter of Felisilda v. FCA US LLC, Case No. 34-2015-00183668, Sacramento Superior Court. Plaintiff requests judicial notice of the February 12, 2022 Ninth Circuit Opinion in the matter of Ngo v. BMW of North America, LLC (9th Cir. 2022) 23 F.4th 942. The Requests for Judicial Notice are GRANTED. ...
2022.10.20 Motion for Terminating Sanctions, Issue Sanctions, Monetary Sanctions 676
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.20
Excerpt: ...d set of form and special interrogatories, motion to compel production of documents, and motion to deem facts admitted. Defendant contends that Plaintiff has failed to engage in or prosecute this lawsuit and has demonstrated his unwillingness to participate in this lawsuit, warranting the issuance of terminating sanctions by dismissing this action; that if the Court declines to issue terminating sanctions, the Court should impose issue sanctions ...
2022.10.20 Demurrer 620
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.20
Excerpt: ...of Action for purported Involuntary Dissolution. Initially, the Court notes abuses of the California Rules of Court and other issues requiring a continuance of the matter. First of all, both parties cite to both California and Delaware law interchangeably and/or to support specific arguments without a real analysis as to why either States' law applies to the particular causes of action addressed in the Demurrer. Additionally, the Court notes that...
2022.10.20 Motion to Quash Deposition Subpoenas 272
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.20
Excerpt: ...onal Bank; (6) Citibank N.A.; (7) J.P. Morgan Chase; and (8) Bank of America (“Subpoenas”). In the alternative, Defendants seek a protective order denying the production of business records requested by Plaintiff in the Subpoenas. Defendants also will move and hereby do move this Court for an order compelling Plaintiff and its counsel of record, BROWN & CHARBONNEAU, LLP, to pay sanctions, jointly and severally, to Defendants in the amount of ...
2022.10.13 Motion for Summary Judgment 047
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...t Defendants, including BofA, negligently owned, operated and maintained the premises where the Incident occurred in a dangerous and defective condition by designing, creating, building, maintaining, and controlling the walkway area where the Incident occurred “in such a manner as to create a dangerous condition for users including having a potential tripping and/or fall hazard as well as a variance offset in the walkway that was more than triv...
2022.10.13 Motion for Attorney Fees 734
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...by Plaintiff in opposing an appeal of Defendant David Ellis (“Ellis”) (the “Second Fees Motion”), and that when the motion was filed, Bostwick believed in good faith that his declaration supporting the motion provided sufficient information to calculate fees under the Lodestar method because it stated the number of hours counsel worked on tasks related to the appeal and stated the hourly rate for each attorney who performed the work. Plai...
2022.10.13 Motion for Judgment on the Pleadings 035
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...es out of obligations of a written agreement, namely, the Operating Agreement for a limited liability company known as 17848 Sky Park Circle LLC (“Skypark”), and that Defendants cannot be liable for any of the causes of action as Defendants are not parties to the Operating Agreement and did not sign the Operating Agreement. Defendants also assert that the Operating Agreement that is attached as Exhibit A to the Complaint contains an integrati...
2022.10.13 Motion to Compel Arbitration 212
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...reement”) which is submitted to the Court by the moving party as purporting to contain the arbitration provision upon which the moving party relies identifies the buyer as “5 Star Housing LLC.” In addition, the name of the defendant in the Verified Complaint is “5 Star Housing LLC.” As such, is it unclear if there is a typographical error in the motion or if the motion was actually intended to be brought by “5 Star Housjng LLC.” The...
2022.10.13 Motion to Compel Arbitration 032
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...a court order compelling the parties to arbitrate a dispute covered by the agreement. (Code Civ. Proc., § 1281.2.) “The trial court may resolve motions to compel arbitration in summary proceedings, in which ‘[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact n...
2022.10.13 Motion to Compel Arbitration 638
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...to an arbitration agreement may enforce the agreement.” (Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 495, review denied (Nov. 24, 2020).) “However, there are several exceptions that allow a nonsignatory to invoke an agreement to arbitrate.” (Ibid.; citing JSM Tuscany, LLC v. Superior Court (2011) 193 Cal.App.4th 1222, 1236-1237].) “The doctrine of equitable estoppel is one of the exceptions.” (Ibid.) “Under the doctrine of equi...
2022.10.13 Motion to Strike or to Stay Proceedings Pending Arbitration 363
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ... cause of action for negligence against Monarch based on the contract between the parties. Pursuant to Code of Civil Procedure section 437(a), “[t]he grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).) The court also “consider[s] the complaint's exhibits.” (Hoffman v. Smithwoods RV Park, LLC (200...
2022.10.13 Motion to Withdraw Appearance and Answer to Complaint 266
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...rances, as well as pursuant to Code of Civil Procedure sections 473(a) and (b) because an answer was erroneously filed by defense counsel before counsel had a chance to speak to Miramontes, and that defense counsel was not able to speak with Miramontes until July 21, 2022, whereupon defense counsel first learned that Miramontes who was served in Donna, Texas per Plaintiffs' proof of service, was not the Miramontes that is named in the Complaint a...
2022.10.06 Motion to Compel Arbitration 558
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.06
Excerpt: ...hoice-of-law clause expressly incorporating them.” (Ibid.) Here, the Arbitration Provision in the Lease for the vehicle at issue expressly states that “[t]his Arbitration Provision, and any arbitration conducted hereunder, shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration.” As such, the FAA applies. The Arbitration Provision is Enforceable “Section 2 of the FAA provid...
2022.10.06 Motion for Leave to Conduct Limited Discovery in Response to Special Motion to Strike 863
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.06
Excerpt: ...e filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.” “If the plaintiff makes a timely and proper showing in response to the motion to strike, that a defendant or witness possesses evidence needed b...
2022.10.06 Demurrer 619
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.06
Excerpt: ...The Bank Defendants assert that during the meet and confer process, Plaintiff agreed to dismiss its Sixth Cause of Action for Breach of Warranty and Eighth Cause of Action for Negligence, leaving only the Seventh Cause of Action for Conversion at issue, and providing that it was pursuing the conversion cause of action solely as an assignee of FMC. The Bank Defendants contend that FMC does not have a valid conversion cause of action against either...
2022.09.29 Motion to Compel Arbitration 091
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ...ment to arbitrate.” (Ibid.; citing JSM Tuscany, LLC v. Superior Court (2011) 193 Cal.App.4th 1222, 1236-1237].) “The doctrine of equitable estoppel is one of the exceptions.” (Ibid.) “Under the doctrine of equitable estoppel, as applied in both federal and California decisional authority, a nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the ...
2022.09.29 Demurrer 357
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ...ering of services for which the health care provider is licensed.” [Arroyo v. Plosay (2014) 225 Cal.App.4th 279, 297.] However, in the First Amended Complaint ¶4, Plaintiff defines Defendant Pfizer as a manufacturer of products, and not as a health care provider. As such, Defendant argues that Plaintiff does not, and indeed cannot, allege that Pfizer had any role in providing medical care to him. [See First Amended Complaint¶¶18-21.] Plainti...
2022.09.29 Demurrer 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ...e first time on reply, including CarMax's arguments related to its duty to investigate the subject vehicle's title. (See Balboa Ins. Co. v. Aguirre (1983) 149 Cal.App.3d 1002, 1010; Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Uncertainty CarMax argues the FAXC is uncertain because it does not state the indemnity theory under which Ford is proceeding such that CarMax has no way of knowing which indemnity theory it should defend. Ford ...
2022.09.29 Motion to Compel Further Responses 355
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ...rder requested and Rule 3.1113(a) requires that a motion be filed with a supporting memorandum. Plaintiff's notices of motion each state the nature of the order requested and that the motions are based on the memorandum of points and authorities, among other things. The memorandums of points and authorities include citations to the applicable Code sections and Defendant's legal arguments in favor of further responses. The Court finds that the Mot...
2022.09.29 Motion to Compel Medical Records 947
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ...res 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.” Plaintiff contends that the Defendants and their expert, DR. BOONE, agreed to produce “all of the test materials from the examination” of Plaintiff pursuant to the October 13, 2021 Joint Stipulation and Order The...
2022.09.29 Motion to Strike, Demurrer 749
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ...iff is a public figure because she is the wife of a Fountain Valley City Councilman, Ted Bui; (2) Ted Bui ran for the State Assembly in this year's primary election held on June 7, 2022; and (3) the commentary by Defendants was about the political campaign and arose in the course of Plaintiff's husband's campaign for the State Assembly. Defendants also contend that Plaintiff cannot show a reasonable probability of prevailing on the merits of her ...
2022.09.29 Petition for Preliminary Injunction 291
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ... exist therefor.” Additionally, Code of Civ. Proc. §526(a)(1) provides, in relevant part, that an “injunction may be granted” when “it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.” In this instance, Plaintiff has not filed a verified complaint...
2022.09.22 Motion to Compel Verified Answers, for Monetary Sanctions 035
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.22
Excerpt: ...emands, and awarding monetary sanctions against Plaintiff in the amount of $1,108.50. • An order deeming the truth of all matters specified in Request for Admissions, Set One, served on Plaintiff, admitted, and awarding monetary sanctions against Plaintiff in the amount of $1,108.50. Subsequent to the filing of the discovery motions, Plaintiff served responses to Defendant's First Set of Form and Special Interrogatories; Inspection Demands; and...
2022.09.22 Demurrer to SAC 544
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.22
Excerpt: ...d conferred by telephone regarding Defendants' Demurrer, as required by Code of Civil Procedure section 430.41(a). (See Declaration of Wyatt Butler, ¶¶ 7-8.) Uncertainty Defendants demur to the SAC on the ground that it is uncertain. However, the Memorandum of Points and Authorities cites no legal authority and contains no argument in support of this contention. Thus, the Demurrer to the SAC on the basis of uncertainty is OVERRULED. First Cause...
2022.09.22 Demurrer 678
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.22
Excerpt: ...022. As a threshold matter, the Court notes that the initial Complaint in this matter was filed on 9/14/21 by Plaintiff/Petitioner, Hall against Respondents. (ROA 1.) Thereafter, on 11/5/21, Petitioner Hall filed an amended pleading entitled “Verified Petition for Writs of Traditional and Administrative Mandate and Request for Immediate Stay.” (ROA 20.) Then, on 12/13/21, Petitioner filed an amended petition entitled, “First Amended Verifie...
2022.09.15 Motion to Compel Further Responses, for Monetary Sanctions 064
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.15
Excerpt: ...15.1 and 17.1, and awarding $1,355 in monetary sanctions against Molina. Plaintiff contends Burns served written responses on January 31, 2022, asserting objections to each interrogatory but Burns failed to verify his response to any of the Form Interrogatories, and served meritless boilerplate objections to the Form Interrogatories at issue. Plaintiff also contends that Plaintiff agreed to extensions of time to respond up to June 14, 2022, but t...
2022.09.15 Motion for Summary Judgment 807
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.15
Excerpt: ...t private nuisance, and that no private nuisance existed based on testimony from Matthew Cosylion, the Code Enforcement Supervisor for the City of Newport Beach, who stated there was no violation of any Newport Beach Municipal Code (“NBMC”) ordinance. Defendants also argue that there is no triable issue of fact as to Plaintiff's Second Cause of Action for Violation of Newport Beach Municipal Code sections as the noise from the two air conditi...
2022.09.15 Motion for Attorney Fees 142
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.15
Excerpt: ...$2,690.25; •Additional anticipated fees for motion, reply and oral argument: $2,550. Plaintiff contends that Ford necessitated the accrual of Plaintiff's attorney's fees in this action over the course of eight months of litigation by refusing to consider reasonable compromise proposals; that Plaintiff is entitled to an award of her attorney's fees pursuant to Civil Code section 1794(d) which mandates such fees and costs to the prevailing party ...
2022.09.15 Demurrer, Motion to Strike 098
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.15
Excerpt: ...iolate the mediation privilege and Plaintiff's request for punitive damages. BV has filed a joinder to Hodson and Pham's Demurrer and Motion to Strike, in addition to its own Demurrer. Meet and Confer A demurring party must meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer in an attempt to reach an informal resolution before a demurrer is filed. (Code Civ. Proc., § 430.41(a).) Here, H...
2022.09.08 Demurrer 464
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.08
Excerpt: ...Civil Procedure section 430.41(a). However, a “determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc., § 430.41, subd. (a)(4).) Here, the court admonishes Defendant for failing to meet and confer. Notwithstanding the above, the court concludes that it is unlikely that a meet and confer will reduce the number of issues or eliminate the need for a d...
2022.09.08 Demurrers 185
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.08
Excerpt: ...t) against Burkhart and Canop Holdings, Seventh Cause of Action for Intentional Interference with Contract against all Defendants, Eighth Cause of Action for Intentional Interference with Contract against Burkhart, Canop Holdings, Rails, Luxx Lighting and Athena, Tenth Cause of Action for Aiding and Abetting against Luxx Lighting and Athena, and Eleventh Cause of Action for Intentional Interference with Contract against Luxx Lighting and Athena o...
2022.09.08 Motion for Terminating Sanctions 499
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.08
Excerpt: ...ode Civ. Proc., § 2023.030(d).) Code of Civil Procedure section 2023.010(g) defines the misuse of the discovery process to include “[d]isobeying a court order to provide discovery.” On April 7, 2022, Defendant's Motion to Compel Plaintiff to appear for a mental health examination was granted. (Declaration of Marc Lafer (“Lafer Decl.”), ¶ 2, Ex. A.) Plaintiff was ordered to appear for examination by Nathan Lavid, M.D., on April 29, 2022 ...
2022.09.08 Motion for Trial Preference 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.08
Excerpt: ...oth of the following findings: “(1) The party has a substantial interest in the action as a whole. “(2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” Code Civ. Proc. §36(f) provides that, “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond ...
2022.09.08 Motion to Consolidate 303
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.08
Excerpt: ...ated, or such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (Code Civ. Proc., § 1048(a).) “Under the statute and the case law, there are thus two types of consolidation: a consolidation for purposes of trial only, where the two actions remain otherwise separate; and a complete consolidation or consolidation for all purposes, where the two actions are merged into a single proceeding under one case number...
2022.09.01 Motion to Compel Submission of Matter to Judicial Reference 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.01
Excerpt: ...s to consider the Declaration of Wolfe Adefeso, which was untimely served and filed. Section 638 of the Code of Civil Procedure provides: “A referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any controversy arising therefrom shall be heard by a referee if the court finds a reference agreement exists...
2022.09.01 Motion to Compel Responses 052
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.01
Excerpt: ... an order for monetary sanctions in the amount of $1,930 against Plaintiff, Mark Chanove, for reasonable costs and fees associated with bringing this motion under Code of Civil Procedure sections 2030.290 and 2031.300. JAO contends that it served its Special Interrogatories, Set One and Requests for Production of Documents, Set One, on Plaintiff Mark Chanove (“Plaintiff”) on August 3, 2021, by electronic mail to his counsel of record; that re...
2022.09.01 Motion to Compel Deposition 252
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.01
Excerpt: ...'s requested hourly rate of $2,400 for deposition testimony is unreasonable given that this is a recent increase from $1,500, his historical rates, and market rates for similar experts, as well as Dr. Mobin's failure to provide the information required by Code of Civil Procedure section 2034.470. Defendant also contends that Defendant has attempted to meet and confer with Plaintiff's counsel and Dr. Mobin through Plaintiff's counsel, to reduce hi...
2022.09.01 Motion for Summary Adjudication 188
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.01
Excerpt: ... cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Th...
2022.08.25 Motion to Compel Responses, to Deem RFAs Admitted 676
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ... Form Interrogatories, Special Interrogatories, and Requests for Production Defendant moves for an order compelling responses, without objections, by Plaintiff Aaron Malaszewski (“Plaintiff”) to Defendant's Second Set of Form Interrogatories and Special Interrogatories, and awarding Defendant sanctions in the amount of $487.50 against Plaintiff. Defendant also moves for an order compelling responses, without objections by Plaintiff to Defenda...
2022.08.25 Motion to Compel Arbitration 922
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ... there is a mandatory arbitration clause in the Retail Installment Sale Contract (“RISC”) concerning Plaintiff's purchase of a used 2013 Scion FR-S, VIN No. JF1ZNAA19D2726381 which the parties entered into on or about March 26, 2021 which encompasses the claims against Defendant in this action; that Plaintiff concurrently signed an Arbitration Addendum setting forth that an arbitration pursuant to the RISC shall be conducted by the AAA; that ...
2022.08.25 Motion for Summary Judgment 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ...consent, and election of remedies. Issue Three: Plaintiffs' 3rd CoA for an equitable lien against LONE OAK is barred by the equitable doctrines of laches, waiver, ratification, consent, and election of remedies. Issue Four: Plaintiffs' 4th CoA for an injunction against LONE OAK is barred by the equitable doctrines of laches, waiver, ratification, consent, and election of remedies. Request for Judicial Notice by LOAN OAK. LOAN OAK requests the Cou...
2022.08.25 Demurrer to SAC 126
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ...e objections to be raised in the demurrer.” Here, the Declaration of Defense Counsel, Edmond Menchavez establishes that he sent a meet and confer “correspondence” on 4/25/2022 (Decl. of Menchavez ¶2); and, attempted to call Plaintiff's counsel on the same date but was unable to reach Plaintiff's counsel. (Id. ¶3) Despite the meet and confer correspondence and leaving a message, Plaintiff's counsel has not responded to the meet and confer ...
2022.08.25 Demurrer 738
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ...mitations. LPL contends that Plaintiff's claims for breach of fiduciary duty and financial elder abuse in connection with Plaintiff's investment in Northstar Healthcare REIT (“Northstar REIT”) are barred by the three-year statute of limitations under Code of Civil Procedure section 338, and four-year statute of limitations under Welfare & Institutions Code section 15657.7, respectively. LPL contends that allegations in the Complaint, the docu...
2022.08.18 Motion to Compel Deposition 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ...r Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored inf...
2022.08.18 Motion for Summary Judgment, Adjudication 234
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ...REEM cannot state a prima facie case, FEDEX had legitimate, non- discriminatory reasons for firing FREEM, and FREEM has no substantial evidence of evidence of pretext. Issue 2: Defendant FEDEX is entitled to summary adjudication on Plaintiff's 1st CoA for age discrimination because FREEM cannot state a prima facie case, FEDEX had legitimate, non- discriminatory reasons for not promoting FREEM to fleet manager, FREEM has no substantial evidence of...
2022.08.18 Application for Alternative Writ of Traditional Mandate and Adminstrative Mandate 678
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ...their statutory duties under Government Code, section 8630, and/or Health & Safety Code, section 101080, to review local, County conditions to determine whether such conditions warrant terminating the local state of emergency and/or local health emergency (hereinafter collectively “Emergencies”) declared by Respondents on February 26, 2020, and to terminate the local state of emergency and/or local health emergency if such conditions warrant;...
2022.08.18 Motion to Compel Further Answers 341
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ... provided inadequate and insufficient responses to SPROG, Nos. 4 and 10 which seek relevant and essential facts to Plaintiff's claims of negligence; that Plaintiff failed to respond to Defendant's two meet and confer letters; that the motion is timely; and Plaintiff's failure to provide adequate or further responses is willful and without substantial justification such that Defendant requests that the Court order monetary sanctions in the amount ...
2022.08.18 Motion to Strike 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ... court may, upon a motion or at any time in its discretion, and upon terms it deems proper, strike out “...any irrelevant, false, or improper matter inserted in any pleading” or “all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc. § 436(a)-(b); See Quiroz v. Seventh Ave. Ctr. (2006) 140 Cal.App.4th 1256, 1281.) Irrelevant matters include a...
2022.08.18 Motion to Strike 203
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ...roc., § 2031.310(a).) The motion must set forth specific facts showing good cause to justify the discovery sought and be accompanied by a declaration stating facts showing a “reasonable and good faith attempt” to resolve informally the issues presented by the motion before filing the motion. (Code Civ. Proc., §§ 2016.040, 2031.310(b)(1)(2).) The Court finds that Plaintiff satisfied the meet and confer requirement before filing this Motion....
2022.08.11 Motion to Strike 205
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ...the Subject Vehicle, i.e., 2016 Dodge Ram 1500, Vehicle Identification Number 1C6RR7KM2GS215407 purchased by Plaintiff (the “Subject Vehicle”) (RFP, Nos. 1 and 54); (2) Documents concerning the Defects in other 2016 Dodge Ram 1500 vehicles with the same Engine Defects, Powernet Defects and Transmission Defects as the Subject Vehicle including internal investigations, emails, and other ESI (RFP, Nos. 18, 19, 21, 22, 23, 24, 25, 28, 29, 33, 34,...
2022.08.11 Motion to Establish Admissions, to Compel Verified Responses 072
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ...t Green Sip Construction Inc. to form interrogatories, set no. 1; special interrogatories, set no. 1;, and inspection demands, set no. 1 (ROA 24). In addition, Plaintiff requests monetary sanctions. Preliminarily, the Court notes that Plaintiff has improperly combined multiple motions. Specifically, at issue are actually eight discovery motions, not four. Whether this was done to avoid paying the court filing fees or some other improper purpose, ...
2022.08.11 Motion for Summary Adjudication 333
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ..., LLC dba Decades Bar and Grill, LLC is liable to Plaintiff for breach of lease under Plaintiff's 1st cause of action; (2) Issue 2: There is no triable issue of material fact that Defendant Randy Carrillo is liable to Plaintiff for enforcement of guaranty under Plaintiff's 2nd cause of action; and (3) Issue 3: There is no triable issue of material fact that the Cross-Complaint is time barred. Plaintiff's Evidentiary Objection in Reply. The Court ...
2022.08.11 Motion for Protective Order 747
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ...fendant's policies and procedures for investigating injuries, taking photographs, reporting an incident, and retaining video of an injury incident; that the instant dispute involves a one-page document describing the internal protocol regarding the handling of injury incidents that was created by Defendant's general liability department; that this internal document is protected by the attorney-client privilege and attorney work-product privilege ...
2022.08.11 Demurrer to FAC 613
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ...econd Cause of Action for False Imprisonment, and Third Cause of Action for Unauthorized Practice of Medicine fail to state facts sufficient to constitute a cause of action against Defendant. Late Filing of FAC Under Code of Civil Procedure section 436, the court may, upon a motion or at any time in its discretion, and upon terms it deems proper, strike out “all or any part of any pleading not drawn or filed in conformity with the laws of this ...
2022.08.04 Motion for Summary Judgment 204
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ...use Plaintiff cannot prove that ICON had notice of the alleged dangerous condition. ISSUE NO. 2: ICON is entitled to summary adjudication in its favor on Plaintiff's first cause of action for negligence and second causes of action for premises liability because the alleged dangerous condition was open and obvious. ISSUE NO. 3: ICON is entitled to summary adjudication in its favor as a matter of law that Plaintiff's non-delegable duty argument doe...
2022.08.04 Demurrer, Motion to Strike 823
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ...ections 22658(a)(2) and 22658(e)(1). I. DEMURRER Defendant brings its Demurrer pursuant to (1) Code of Civil Procedure section 430.10(e) on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action against Defendant and (2) Code of Civil Procedure section 430.10(f) on the grounds that the complaint is uncertain. Conversion “Conversion is the wrongful exercise of dominion over the property of another. ...
2022.08.04 Motion for Attorney Fees 734
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ... awarded Plaintiff attorney's fees and costs in the amount of $43,139.24 incurred in opposing Ellis' anti-SLAPP motion and bringing Plaintiff's prior motion for attorney's fees. (ROA 294.) Ellis appealed the denial of his anti-SLAPP motion and this Court's award of attorney's fees, both of which were affirmed. (See ROAs 359, 398.) Plaintiff now seeks an award of fees and costs incurred in opposing: (1) Ellis' appeal of the anti-SLAPP motion; (2) ...
2022.08.04 Motion to Compel Compliance with Deposition Subpoena 587
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ... is seeking to compel B&S' compliance with the Subpoena (which sought four category of documents, see Exh. E to Kearney Decl.), the Motion admits that B&S complied with the Subpoena and already produced responsive documents. Rather than seeking compliance with the Subpoena, Defendants seek an order compelling B&S to produce documents identified in its privilege log (252 documents) on the grounds the documents are not protected by the attorney-cli...
2022.08.04 Motion to Strike Allegations and Prayer Relating to Punitive Damages 776
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ...in the matter being taken off-calendar. “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by plaintiff. [Citations.] In passing on the correctness of a ruling on a motion to strike, judges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth. [Citations.] In ruling on a motion to s...
2022.08.04 Motion to Strike or Tax Costs 806
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ...ould strike all of the $6,955.20 sought for “Models, enlargements and photocopies of exhibits” or alternatively tax $4,600 in costs for “slide presentations” and $1,330 of the $1,575.20 for trial exhibits. Defendants also argue that the Court should tax $960.25 sought for filing and motion fees because this total is wrong as the items listed in Plaintiff's worksheet total $691.75, not $960.25, and that $691.75 should be taxed because Plai...
2022.07.28 Motion to Quash or Limit Deposition Subpoena 064
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.28
Excerpt: ... and 2, which seek all documents pertaining to Defendants Burns and Savient, respectively, from 12/1/15 to 12/31/20. Defendants object to these requests as they are overbroad and invasive of the rights to privacy, and not reasonably calculated to lead to the discovery of admissible evidence. Defendants contend that the action involves a dispute concerning a single real estate transaction, and sole individual, and in no way encompasses every banki...
2022.07.28 Motion for Attorney Fees 806
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.28
Excerpt: ...ction. Plaintiff also moves for an order for an award of costs in the amount of $8,509.45 as set forth in the memorandum of costs. Service of Papers As a threshold matter, the Court notes that the applicable proofs of service indicate that the moving and reply papers were served by U.S. mail and fax. (ROA 400, 414.) Service by fax is permitted only where the parties have agreed to this method of service and a written confirmation to that effect i...
2022.07.28 Motion for Attorney Fees 482
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.28
Excerpt: ...evails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” It is Plaintiffs' burden of proof to show the fees they incurred and that thos...
2022.07.21 Motion to Quash Service of Summons 878
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...o file, the Court finds Defendant has not suffered any prejudice and will exercise its discretion to consider the Opposition. On October 25, 2021, Plaintiff filed a Proof of Service of Summons on Defendant, indicating that service had been made by personal service at 252 Lincoln Road, Brooklyn, New York (the “Brooklyn Address”). (ROA 14.) Default was entered against Defendant on December 15, 2021. (ROA 19.) Judgment for Plaintiff was entered ...
2022.07.21 Motion to Quash Deposition Subpoena for Production of Business Records 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...s why production should not be compelled. (See Calif. Rules of Court, Rule 3.1345(a)(5).) A court may, in its discretion, deny a discovery motion for failure to comply with the separate statement requirement. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) Here, Plaintiff failed to file a separate statement as required. As such, the court has discretion to deny the Motion or to continue the hearing on the Motion to allow for the filing of a...
2022.07.21 Motion to Compel IME 308
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...on (“IME”) is necessary in order to evaluate the nature and extent of Plaintiff's claimed orthopedic injuries. Kadowaki contends that there is good cause for having Plaintiff come to California for the IME from his residence in Alabama, that Kadowaki offered to pay and is willing to pay for reasonable travel costs, and that the costs to conduct the IME in Alabama would be astronomical, and that Kadowaki would be prejudiced or would be deprive...
2022.07.21 Motion to Compel Further Responses 956
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...eficient as HMA asserted only meritless, boilerplate objections which are not code-compliant. Plaintiff contends that she attempted to meet and confer and sent meet and confer letters, that Defendant represented that it would respond to the meet and confer letter, but that Defendant never provided supplemental responses or additional documents. Plaintiff also contends that the requests seek documents that are highly relevant to her Song-Beverly A...
2022.07.21 Motion to Compel Arbitration and Stay All Proceedings 661
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...se that is the subject of this AGREEMEN [sic], as well as in the event of any dispute, motion, action, or disagreement arising out of or relating to the terms and conditions of this AGREEMENT or performance thereof, such as: attorney fees, small court, court, arbitration etc'. Any dispute between Salesperson and Company arising under this Agreement will be submitted to binding arbitration in accordance with the rules of the American Arbitration A...
2022.07.21 Motion for Determination of Good Faith Settlement 346
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ... to do so. However, at pg.4:4-8 of the motion, Cross-Defendant Long states, “LONG therefore moves for a determination by this Court that the settlement between LONG and Plaintiff was in good faith, and dismissing HARKENSS' cross-complaint against LONG pursuant to Code of Civil Procedure section 877.6.” Therefore, through this statement the Court has enough information to deduce the pleadings and parties affected by the settlement. Code Civ. P...
2022.07.21 Demurrer 211
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...” under the Elder Abuse and Dependent Adult Civil Protection Act (“EADACPA”) and as defined in Welfare & Institutions Code (“WIC”) section 15610.23 as he does not reside in California under subdivision (a) of Section 15310.23 as “residence” means “domicile” and that the FAC is a “sham” pleading. The AKUA Defendants also contend that Plaintiff is not a “dependent adult” under WIC section 15310.23(b) as AKUA is not a 24-ho...
2022.07.14 Demurrer 613
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.14
Excerpt: ...Second Cause of Action for False Imprisonment, and Third Cause of Action for Unauthorized Practice of Medicine fail to state facts sufficient to constitute a cause of action against Defendant. Failure to Oppose the Demurrer Initially, all papers opposing a motion “shall be filed with the court and a copy served on each party at least nine court days . . . before the hearing.” (Code Civ. Proc. § 1005(b).) The failure to oppose a demurrer may ...
2022.07.14 Motion for Summary Judgment 538
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.14
Excerpt: ... Defendant BOBICH's surgical removal of “a lesion in his lower left throat” which Plaintiff alleges was performed without his informed consent and which resulted in profuse and continued bleeding after he was sent home. (Id.) As to Defendant Dr. HELTON, Plaintiff alleges he was negligent because, inter alia, he failed to determine that Plaintiff was on two blood thinning medications prior to the surgery and should not have allowed any surgery...
2022.07.14 Motion to Compel Compliance with Requests for Production 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.14
Excerpt: ...ose documents without a justifiable basis, and imposing monetary sanctions in the amount of $1,998.00. Code of Civil Procedure Section 2031.320 states that if a party filing a response to a demand for inspection fails to permit the inspection in accordance with that party's statement of compliance, the propounding party may move for an order compelling compliance. (Code Civ. Proc., § 2031.320(a).) This Section also states that “the court shall...
2022.07.14 Motion to Strike 810
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.14
Excerpt: ...ct pursuant to Code of Civil Procedure section 425.16. Oversized Memorandums California Rules of Court, rule 3.1113(d) provides that no opening or responding memorandum may exceed 15 pages, and that no reply or closing memorandum may exceed 10 pages. “The page limit does not include the caption page, the notice of motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.” (Californi...
2022.07.07 Motion to Compel Further Responses 478
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.07
Excerpt: ...Plaintiff also argues that Lovett's employment file is highly relevant to the claim of negligence against Lovett and the Defendant Capistrano Unified School District (the “District”). Plaintiff asserts that the employment file would likely contain information regarding Lovett's prior notice concerning Plaintiff's doctor note and/or prior misconduct, and could likely demonstrate a history of inappropriate behavior such that production of it wi...
2022.07.07 Motion for Summary Judgment 248
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.07
Excerpt: ...he Court reminds counsel to comply with all applicable statutes and rules and any future failure to do so may result in the motion being taken off calendar or denied, if appropriate. A separate statement in opposition to a motion for summary judgment must indicate if the opposing party disputes each material fact and, if so, include a reference to the supporting evidence. (Code Civ. Proc., § 437c(b)(3); California Rules of Court, Rule 3.1350(f)(...
2022.06.16 Motion to Compel IME 199
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.16
Excerpt: ...occur on March 23, 2022, in Scottsdale, Arizona, based on Plaintiff's attorney representation that Plaintiff would not travel to California for the examination; that Plaintiff served a “response and objection” stating plaintiff would appear but would not sign any forms presented by the doctor including a “consent” form; that Defense counsel attempted to meet and confer to have Plaintiff undergo the examination just before trial in Califor...
2022.06.16 Motion for Terminating Sanctions or Issue and Evidentiary Sanctions, for Monetary Sanctions 919
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.16
Excerpt: ...”.) CCP § 2023.010 states, in part, as follows: “Misuses of the discovery process include, but are not limited to, the following: . . [¶] (d) Failing to respond or submit to an authorized method of discovery. . . . [¶] (g) Disobeying a court order to provide discovery.” CCP § 2023.030 provides, in part, as follows: “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, ...
2022.06.16 Motion for Leave to File FAC 736
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.16
Excerpt: ...s. Plaintiff also provides that upon reviewing Defendant's March 17, 2022 responses to discovery, the termination of an alleged at-will employee was in fact the wrongful termination of an employee under a contract of implied good faith not to terminate without good cause. Defendant Environments for Learning, Inc. v. DBA Montessori on the Lake (“Defendant”) argues that there is an unwarranted delay in seeking leave to amend as Plaintiff's coun...
2022.06.16 Demurrer 381
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.16
Excerpt: ...tion for Loss of Consortium fail to state facts sufficient to constitute a cause of action and are uncertain. Second Cause of Action for Elder Abuse Defendants contend that Plaintiffs' allegations lack the required specificity to make a claim for fraud in support of the Elder Abuse Cause of Action, and do not allege how, when, where, to whom, and by what means any fraudulent misrepresentations were made. Defendants also contend that Plaintiff fai...
2022.06.09 Motion to Sustain Demurrer 930
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.09
Excerpt: ...f based upon a protected characteristic. Defendants contend that the Court previously sustained Defendants' demurrer to the Second Amended Complaint, with leave to amend as to the cause of action for Violation of the Ralph Civil Rights Act, but that the 3AC still fails to allege sufficient facts evidencing any act of violence or threat of violence, or that any alleged conduct by Defendants was motivated by racial animus, and that Plaintiff's subj...
2022.06.09 Motion for Writ of Attachment 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.09
Excerpt: ...ant personally, rather than counsel. The Court finds service to be proper. The Motion was served before Defendant appeared in this matter and the statute that requires service on counsel for represented parties expressly excludes writs. (Code Civ. Prco., § 1015.) The Court therefore finds service to be proper. Further, the Court finds that Defendant has suffered no prejudice, as it was able to file a timely Opposition on the merits of the Motion...
2022.06.02 Demurrer 363
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ...cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against them. (Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) On this ground, the demurrer is OVERRULED. Fraud, Negligent Misrepresentation and Constructive Fraud The elements of fraud, which give rise to the tort action for deceit, are (1) misrepresentation (false representation, concealment or non-disclosure); (2) knowled...
2022.06.02 Motion for Protective Order 515
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ...ue that Mr. Shaw is a percipient witness and the asserted privileges raised do not apply to these facts. Administrative Mandamus Discovery: In administrative mandamus proceedings, the standards for discovery differ from the routine case. The trial court must consider the administrative record. “Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly...
2022.06.02 Motion to Compel Further Responses 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ...ode of Civil Procedure section 2030.300(b) and were unable to reach an informal agreement. The Court declines to consider all new points, arguments, and evidence presented for the first time on reply. (See Balboa Ins. Co. v. Aguirre (1983) 149 Cal.App.3d 1002, 1010; Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Therefore, the exhibits filed with Plaintiff's Reply will not be considered in the Court's ruling on this Motion. A party may ...
2022.06.02 Motion to Strike 714
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ...(FAC, p. 12, lines 8-9.) Meet and Confer Was Insufficient. C.C.P. section 435.5(a) states: “Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is...
2022.06.02 Motion to Strike All Costs 412
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ... 1102.5 cause of action was inextricably tied to Plaintiff's Retaliation in Violation of FEHA cause of action, and at trial, Plaintiff dismissed his intentional and negligent infliction of emotional distress causes of action (“IIED” and “NIED”), as well as dismissed his wrongful demotion in violation of public policy cause of action before or at trial, and all of these causes of action were based on the same facts supporting his FEHA clai...
2022.05.26 Motion for Judgment Notwithstanding Verdict 806
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.26
Excerpt: ... 162, 166. The principal grounds are set forth in Code Civ. Proc. §657. Preliminarily, although defendants list multiple grounds in their motion, they fail to specify which grounds their motion is based upon. In reviewing the arguments of defendants, it appears that defendants contend that an irregularity in the proceedings occurred (Code Civ. Proc. §657(1)); the verdict was supported by insufficient evidence (Code Civ. Proc. §657(6)); and the...
2022.05.26 Demurrer, Motion to Strike 507
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.26
Excerpt: ...' prayer for punitive damages, attorney's fees, and disgorgement of profits, as well as all allegations that Defendants contend relate to illegal, unenforceable, or retired contract provisions. As an initial matter, the Court notes that the parties met and conferred by telephone prior to the filing of this Demurrer and Motion to Strike, in compliance with the Code of Civil Procedure. Demurrer Information and Belief Defendants demur to the first, ...
2022.05.26 Demurrer 361
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.26
Excerpt: ...riting. Defendant also contends that Plaintiff fails to allege facts showing a meeting of the minds as to the amount to be paid by Defendant to the Plaintiff, and that eligibility for benefits under the Plan does not demonstrate an agreement implied in fact to pay a certain price. Plaintiff contends that California case law has recognized that allegations in complaint similar to the instant allegations by Plaintiff are sufficient to state a breac...
2022.05.19 Motion to Strike or Tax Costs 133
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...eding. (Code of Civil Procedure Section 1032(b).)  Code of Civil Procedure Section 1033.5 sets forth the items that are allowable as costs.  Items not mentioned in section 1033.5 may be allowed or denied in the court's discretion.  Additionally, Code of Civil Procedure section 1033.5(c) states that allowable costs shall be reasonable in amount and “reasonably necessary to the conduct of the litigation rather than merely convenient or be...
2022.05.19 Motion to Compel Further Responses 267
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...In their effort to seek collection and enforce the terms of the lease and guarantees, Plaintiff thereafter filed an Application for Right to Attach Order/Writ of Attachment. The matter was heard in this court on 10/28/21. The court's Minute Order dated 10/28/21 states in part, “The Court GRANTS Plaintiffs' applications seeking to attach $160,158.03 [original amount requested reduced by $200 (bond fee)] and orders Plaintiffs to post a bond of $1...
2022.05.19 Motion for Monetary Sanctions 406
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...ions must follow a two-step procedure. First, the offending party must be served with a motion for sanctions. This starts the 21-day “safe harbor” period during which the offending party may withdraw the improper pleading and thereby avoid sanctions. Here, the motion was personally served on Plaintiff on February 1, 2022. Thereafter, Plaintiff did not withdraw the Motion for Leave to Amend; and this motion was timely filed on February 25, 202...
2022.05.19 Motion for Leave to File FAC 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...w, upon any terms as may be just, an amendment to any pleading. (Code of Civ. Proc., § 473(a)(1).) Additionally, “[a]ny judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (Code of Civ. Proc., § 576.) A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or a...
2022.05.12 Motion to Set Aside Default 933
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.12
Excerpt: ... a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) Application for an order for relief “shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.) The party moving for relief has the burden to demonstrate “that due to some mis...
2022.05.12 Motion for Leave to Amend 406
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.12
Excerpt: ...arty to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. (CCP § 473(a)(1).) Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or...
2022.05.12 Motion for In Camera Review 926
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.12
Excerpt: ...”) including exhibits, and addressing the deficiencies raised by the Court's April 21, 2022 Minute Order, which provides that Certificates of Merit comply with, as well as lodged confidential documents. (Supplemental Johnson Declaration, ¶ 8.) The Court noted that the Certificates of Merit filed by Plaintiff's counsel, Thomas A. Cifarelli, and by a Mental Health Practitioner, Paul Larsen LMFT contain the declarations required by CCP § 340.1(g...
2022.05.05 Motion to Compel Further Responses 736
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.05
Excerpt: ...workers' compensation claim within the last seven (7) years. • No. 24: For each individual identified in Special Interrogatory No. 23, please provide the dates that they were employed by YOU. • No. 25: For each individual identified in Special Interrogatory No. 23, please describe if they were terminated, resigned, or continue to be employed by YOU. • No. 29: IDENTIFY any and all individual(s) that YOU terminated or forced to resign within ...

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