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2023.11.30 Petition to Deem Proposed Amendments Approved 147
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ...16 of 42 than 50 percent of the votes in the association, to vote in favor of the amendment, the association, or any member, may petition the superior court of the county in which the common interest development is located for an order reducing the percentage of the affirmative votes necessary for such an amendment." (Civ. Code, S 4275(a).) The Court may grant the petition if it finds all of the following: "(1) The petitioner has given not less t...
2023.11.30 Motion for Summary Judgment, Adjudication 807
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ...suant to FEHA against United Parcel Service General Services Co., (3) retaliation pursuant to FEHA against United Parcel Service General Services Co., (4) wrongful failure to promote in violation of public policy against United Parcel Service General Services Co., (5) retaliation pursuant to Labor Code section 1102.5 against United Parcel Service General Services Co., and (5) failure to prevent discrimination and retaliation against United Parcel...
2023.11.30 Motion for Summary Judgment 258
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ...tion in TPG's Second Amended Complaint. 5th Cause of Acton As to the 5th Cause of Action for Intentional Interference with Contract, Defendants advance two arguments. As to the first argument, Defendants contend that they did not intend to induce a breach of the Joint Venture Agreement ("JVA"). In particular, Defendants contend that they did not have sufficient knowledge of the terms of the contract and rely on Winchester Mystery House, LLC v. Gl...
2023.11.30 Motion for Monetary Sanctions 699
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ... another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause Page 13 of 42 unnecessary delay." Such "actions or tactics" include the filing and service of a complaint. (CCP under this statute "frivolous" means "totally and completely without merit or for the sole purpose of harassing an opposing party." (CCP S128.5(b)(2).) under CCP S 128.7(b), an attorney signing or filing a motion certifies...
2023.11.30 Motion for Monetary Sanctions 692
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ... actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay." Such "actions or tactics" include the filing and service of a complaint. Page 10 of 42 (CCP Under this statute "friwlous" means "totally and completely without merit or for the sole purpose of harassing an opposing party." (CCP Under CCP S 128.7(b), an attorney signing or filing a motion certifies "that to the best of the person's knowledge,...
2023.11.30 Motion for Entry of Judgment 135
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ... include a finding that Keller and are jointly and severally liable in the amount of $9,239.68 (the amount of the arbitration award) plus costs in the amount of $1,296.75; and that 1- 800-Battery is also liable for an additional $38,641.50 plus prejudgment interest and attorneys fees in the amounts of $25,518.40 and respectively. As a preliminary matter, the court declines to consider the late opposition filed by because 1-8W is not entitled to t...
2023.11.30 Demurrer, Motion to Strike 319
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ...e sections 451(a), 452(c) and (h), and 453: 1. A copy of the California Department of Insurance ("CDI") license information for Defendant Bele Nguyen retrieved from the CDI's website, accessed on July 1, 2023. 2. The CDI issued to license OC54331 to Bele Thi Nguyen. 3. Bele Thi Nguyen maintains a current property license with the CDI. 4. Bele Thi Nguyen has an authorized agent of State Farm General Insurance Company for property and casualty as o...
2023.11.30 Demurrer 161
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
Excerpt: ...pliance, the governmental entity can request the court to take judicial notice under Evidence Code section 452, subdivision (c) that the entity's records do not show compliance." (Gong v. City Page 20 of 42 of Rosemead (2014) 226 Cal.App.4th 353, 375.) Similarly, a court may take judicial notice that public records do not contain a claim, where a "[government] employee familiar with the records...searched the records and so declared." (Fowler v. ...
2023.11.16 Demurrer 880
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ...tion. (CIV-140) However, moving party herein is St. Judge Medical Group, not St. Judge Medical Center. As such, it is unclear if moving party has complied with CCP 5430.41. However, given there is no objection to the meet and confer, this appears to be an error, and the Court will proceed to the merits. This case involves Defendants' alleged negligence in the care and treatment of Plaintiff CATHERINE TAFOLLA while giving birth to decedent GIANNA ...
2023.11.16 Motion for Preliminary Injunction 191
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ...orm, and all tangible property like computers, laptops, printers, scanners, and the like ("Nymox Property"). 2. Orders and compels Defendants to: a. turn over to Nymox any and all Nymox Information and Nymox Property in Defendants' possession, custody, or control; b. remove any and all Nymox Information and Nymox Property from CRNSV's website at www.crnsv.com, and any other publicly available forum; and c. refrain from filing any Nymox Informatio...
2023.11.16 Motion for Right to Attach Order and Writ of Attachment 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ... Company; Blue Shield of California; Cigna Healthcare of California, Inc.; Humana Health Plan of California, Inc.; and United Healthcare of California to secure $ü311.93, including estimated costs of and estimated allowable attorney fees of $12,Cü3. Plaintiff asserts that it executed an Offce Lease Agreement with Defendant on or about April 30, 2015 (the "Agreement"); that Plaintiff has fully performed all obligations required of it Page 16 of ...
2023.11.16 Motion for Summary Judgment 581
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ...tion has no merit or that there is no defense to the action or proceeding." (Code Civ. Proc., S "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...
2023.11.16 Motion to Compel Arbitration 369
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ...ufacturer under the d'Ntrine of equitable estoppel. More recently, Div. 8 of the Second District in Ford Motor Warranty Cases v. Ford Motor Co. (2023) 89 Cal.App.5th 1324 (rev. granted 7/19/2023) and Div. 7 of the Second District Montemapr v. Ford Motor Co. (2023) 92 Cal.App.5th 958, 310 Cal.Rptr.3d 82 (June 25, 2023) disagreed with the reasoning in Felisilda and concluded that the manufacturer was not entitled to enforce the arbitration agreemen...
2023.11.16 Motion to Deem RFAs Admitted, for Monetary Sanctions 627
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ...s for admission are directed fails to serve a timely response, the party waives any objection to the requests. The requesting party may also move for an order that the genuineness of documents and the truth of any matters s#cified in the Page 26 of 35 requests be deemed admitted. Civ. Proc. S 2033.280(a)-(b).) The court shall deem the matters admitted "unless it finds that the party to whom the requests for admission have been directed has served...
2023.11.16 Motion to Disqualify Counsel 692
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
Excerpt: ...er persons connected with its proceedings in furtherance of Page 10 of 35 justice. Disqualification may be ordered as a prophylactic measure against a prospective ethical violation likely to have a substantial continuing effect on future proceedings." (Doe v. Yim (2020) 55 Cal.App.5th 573, 581 (citations omitted).) Plaintiff's motion is made on the grounds that CF's representation of Defendants in these related actions violates California Rules o...
2023.11.09 Motion to Strike or Tax Costs 473
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
Excerpt: ... for electronic filing or service" in the sum of $2,659.00 on the grounds that the amount is excessive and does not reflect the actual cost of filing fees or service on Defendant; and (3) Item Number 16, "Other" in the sum of $3,951.90 on the grounds that there is no itemization or explanation of the amount. Defendant also moves to reduce: (1) Item Number 5, "Service of process" from sum of $3,347.83 to $300 on the grounds that the amount is exce...
2023.11.09 Motion to Compel Further Deposition of PMK, for Monetary Sanctions 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
Excerpt: ...notice, a party to the action or an offcer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with ft, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the n...
2023.11.09 Demurrer to FAC 644
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
Excerpt: ...ngBeverly Act, and there are no facts that would support a demand for punitive damages. Specificity Fraud generally must be pleaded in the complaint specifically. General and conclusory allegations are not sufficient. Page 8 of 39 (Nagy v. Nagy (1989) 210 Cal.App.3d 1262, 1268.) However, a lower level of specificity is required in cases involving nondisclosure. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal....
2023.11.09 Demurrer 671
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
Excerpt: ... action and allegations of personnel management alone are insufficient to state a cause of action. Defendants cite to Janken v. GM Hughes Elec. (1996) 46 Cal.App.5th 55, 54-65 as legal authority. In Opposition, Plaintiff contends that the Court previously found a viable claim could be pleaded based on Plaintiff's protected status alleged; that the SAC pleads that Plaintiff went on medical leave on 4/23/2020, returned, and then Defendant LEANO's c...
2023.11.09 Application for Right to Attach Order and Writ of Attachment 100
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
Excerpt: ...parent LinkedIn filed is judicially noticeable. Moreover, a LinkedIn profile that Plaintiff pulled from the interest does not appear to a matter that is reasonably beyond dispute and therefore judicially noticeable. (Evid. Code, SS 451-453; Tenet Healthsystem Inc. v. Blue Cross of California (2015) 245 Cal.App.4th 821, 835.) Likewise, even the court took judicial notice of the dtNument, the truth of the statements contained in the document and th...
2023.11.02 Motions to Strike 001
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.02
Excerpt: ...thstanding that the First Cause of Acton is brought only against Lockett & Horwitz. Defendants move for an order striking the follow-ng portions of Plaintiff's Complaint: 1. The entre Complaint; 2. The entire First Cause of Action; 3. The entire Second Cause of Acton; 4. Paragraphs 11; 12; 18; 21-24; 35, lines 7-8; 39, lines 15-16; 40, lines 20-23; 42, lines 4-11; 58; 59, lines 14-15; 50; 64-70; Prayer, Paragraphs 4 and 4. Defendants argue that t...
2023.11.02 Motion for Summary Judgment, Adjudication 644
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.02
Excerpt: ...rth, Fifth, Sixth, Seventh, and Eighth Causes of Action of Plaintiff's Second Amended Complaint based on the following issues: • Issue 1. Plaintiff Has Not Produced, And Cannot In The Future Produce, Evidence Of Exposure To Indoor Mold Or Asbestos That Exceeds Outdoor Mold Or Asbestos Sufficient To Support Any Cause Of Acton • Issue 2. Plaintiff Has Not Produced, And Cannot In The Future Produce, Evidence Of Exposure To Levels Of Mold Or Asbe...
2023.10.26 Motion to Strike 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
Excerpt: ...e words "willfully and intentionally"); Paragraph 44, line 27 (the word "willful"); Paragraph 50, line 9 (the word "abhorrent"); Paragraph 62, line 25 (the word "willfully"); Paragraph 98, line 20 (the word "intentional"); Paragraph 109, lines 4 (the words "reckless and willful"); Paragraph 127, lines 16-17 (the phrase, "Because they did not act at all to maintain the Tree, it cannot be said that Anaheim Hills orthe Anaheim Hills Board acted in f...
2023.10.26 Motion to Compel Responses 480
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
Excerpt: ...sponses to interrogatories waives any objection to the requested discovery. (Code Civ. Proc., S 2030.290, subd. The party propounding the interrogatories may move for an order compelling responses to the discovery. (Code Civ. Proc., S 2030.290, subd. (bj.) "Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45—day time limit, and the propounding party does not have to demonstrate either good cause or t...
2023.10.26 Motion to Compel Arbitration 507
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
Excerpt: ...ed, Inc. ("KI"), based on theories of agency and estoppel. Agency Page 49 of 51 With regard to the agency theory, the Outlier Defendants argue that Plaintiff has clearly alleged agency in paragraph 11 of the FAC and that no other facts are specifically alleged against them. They argue that because the only facts Plaintiff has alleged to include the Outlier Defendants are the allegations of agency, those allegations cannot be ignored— they eithe...

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