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901 Results
2024.03.28 Motion to Compel Responses, for Monetary Sanctions 257
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.28
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 for Summary Judgment 689
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.28
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...
2024.03.28 Motion to Compel Further Responses 480
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.28
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...
2024.03.21 Motion to Compel Continued Depositions 211
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.21
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
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
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
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
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...
2024.03.14 Motion to Compel Further Responses 863
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.14
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
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
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 Demurrers, Motion to Strike 446
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
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 - ...
2024.03.07 Demurrer 483
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Excerpt: ... Professions Code section 17200. Defendant attacks these causes of action based on one argument: the fourth, fifth, sixth, and eighth causes of action are based on the same nucleus of facts that would constitute a claim for trade secret appropriation and are preempted by Civil Code section 3426.7. Defendant does not address each element of these causes of action and relies solely on the argument that they are preempted because they are based on ...
2024.03.07 Demurrer 983
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
Excerpt: ...Civil Procedure section 430.41(a) provides that “the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer . . . .” Code of Civil Procedure section 430.41(a)(3) requires that the demurring party file and serve with the demurrer a declaration stating eithe r “[t]he means by which the demurring party met and conferred with the party who filed the pleading subject t...
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
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 Bifurcate Action 347
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
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 Motion to Compel Binding Arbitration 408
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
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 Establish Truth of Matters in RFAs, for Monetary Sanctions 257
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.03.07
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,...
2024.02.29 Motion to Vacate Dismissal 021
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.29
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.29
Excerpt: ...party may give notice that he or she will not appear at a law and motion hearing and submi t the matter without an appearance unless the court orders otherwise. The Court must rule on the motion as if the party had appeared.” The Court ORDERS Plaintiff's counsel to appear at the hearing on February 29, 2024. Plaintiff's counsel contends that counsel failed to appear at the May 11, 2023 order to show cause hearing where the instant action was or...
2024.02.29 Motion to Amend Judgment 314
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.29
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.29
Excerpt: ...Page 7 of 23 an individual, under Code of Civil Procedure section 187. Defendants contend that Mr. D'Al essio is the owner, sole member, manager, president, and alter ego of NHV and VMG; that there is a unity of ownership; that Mr. D'Alessio refers to them interchangeably with himself; that NHV and VMG have not adhered to corporate formalities for years and have been suspended multiple times during this litigation; that Mr. D'Alessio testified h...
2024.02.29 Motion for Summary Judgment 588
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.29
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.29
Excerpt: ...ewise time -barred as they arise from the same contract. Defendant co ntends that Plaintiffs' counsel wrote to Defendant on October 1, 2018, outlining the claims they had against Defendant, but that the Complaint in this action was not filed until October 14, 2022, 13 days beyond the four -year statute of limitations imposed by Code of Civil Procedure section 337(a). Plaintiff has not filed an opposition. “A party may move for summary judgmen...
2024.02.29 Motion for Summary Adjudication 736
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.29
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.29
Excerpt: ...se to a request for reasonable accommodation by an employee or app licant with a known physical or mental disability or known medical condition.” (Gov. Code, § 12940, subd. (n).) “Although the interactive process is an informal process designed to identify a reasonable accommodation that will enable the employee to perfo rm his or her job effectively [citation], an employer's failure to properly engage in the process is separate from the fai...
2024.02.22 Motion for Attorney Fees 049
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Excerpt: ...al sought by this Motion is $76,866. The Song -Beverly Consumer Warranty Act pr ovides remedies for consumers that have purchased, among other consumer goods, new vehicles. Remedies include the right to recover “damages and other legal and equitable relief.” (Civ. Code, §1794, subd. (a).) Further, any buyer that prevails in an action brought under the Act shall recover “attorney's fees based on actual time expended, determined by the court...
2024.02.22 Motion for Attorney Fees 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Excerpt: ...er prevails 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.” To determine the appropriate fee award under Civil Code section 1794, the...
2024.02.22 Motion to Strike 212
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Excerpt: ...(names): ARMSTRONG GARDEN CENTERS, INC.” Defendant contends that the second count of Plaintiff's First Cause of Action for Premises Liability is not drawn and filed in conformity with California law and should be stricken under Code of Civil Procedure section 436 because no facts are alleged with respect to actual or constructive noti ce of the allegedly dangerous cement walkway, or that injury on the walkway was probable, and no facts are all...
2024.02.22 Motion for Attorney Fees 054
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Excerpt: ...hich was denied the next day on 7/25/2023 without any argument. After a two day jury trial on 7/25/2023 and 7/26/2023, Judgment was entered in favor of Plaintiff and against Defendant in the amount of $23,168.23. On 8/2/2023 Defendant filed a Motion to Stay Execution of the Judgment, which was denied on 12/7/2023. That motion was unopposed. 8/7/2023 Plaintiff filed a Memorandum of Costs in the amount of $724.60. 8/10/2023 Plaintiff filed this ...
2024.02.22 OSC Re Contempt 191
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Excerpt: ...t to C.C.P. § 177.5; (4) imposing an issue sanction against Defendants L anham, Cutler, and Riley ordering that the fact that they breached their fiduciary duties shall be taken as established in the action; and (5) subjecting Defendants to other monetary or nonmonetary sanctions as the Court deems appropriate. The Motion is m ade pursuant to Code of Civil Procedure sections 1209, 1211, 177.5, 583.150, 2023.030 as well as Evidence Code sections...
2024.02.22 Motion for Summary Judgment 098
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.22
Excerpt: ...imination in violation of the Fair Employment and Housing Act (“FEHA”) (Govt. C ode § 12940(a)) is without merit because Plaintiff was not constructively discharged and therefore, cannot make out a prima facie cause of action. ISSUE NO. 2: The first cause of action for pregnancy discrimination in violation of FEHA is without merit b ecause Plaintiff was not subjected to any adverse employment action and therefore, cannot make out a prima fa...
2024.02.15 Petition to Compel Arbitration 305
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Excerpt: ...led and refused to participate in mediat ion such that the parties are bound to submit this dispute to binding arbitration pursuant to the terms of the arbitration agreement. A petition to compel arbitration “shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days' notice of the date set for the hearing Page 5 of 29 on the petition shall be given....
2024.02.15 Motion to Strike 249
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Excerpt: ...ernatively, Defendants request that the Court strike all allegations i n the Complaint where Plaintiff claims that his service dog was taken from him through an illegal seizure, and specifically where Plaintiff alleges the following: (1) “Due to race and disability, H.I.P.A. right violation, conspires false allegation of ani mal cruelty, illegal seizure of certified service dog for mental/emotional support,” (2) “conspires with OC Animal ...
2024.02.15 Motion to Set Aside Dismissal 259
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Excerpt: ...ligence in making the motion after discovery of the default. [Cita tion.]” (Huh v. Wang (2007) 158 Cal.App.4th 1406, 1420, internal quotations omitted.) Whether the moving party has successfully carried this burden is a question entrusted to the discretion of the trial court and its ruling will not be disturbed in the abs ence of a demonstrated abuse of that discretion. (Hopkins & Carley v. Gens (2011) 200 Cal. App. 4th 1401, 1410.) Initially, ...
2024.02.15 Motion to Compel Arbitration 507
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Excerpt: ...ed and the automatic stay in effect before SB 365 took effect, SB 365 is not retroactive in nature, and the FAA preempts SB 365. Plaintiff Club Speed, LLC (“Plaintiff”) argues that SB 365 is procedural in nature and may be applied to existing litigation without any concerns regarding retrospectivity, the K1 Defendants ar e seeking to circumvent the Legislative intent of preventing delays caused by frivolous appeals, and, to the extent any sta...
2024.02.15 Motion for Reconsideration 708
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Excerpt: ...tiff made a reasonable investigation of the condit ion at issue before proceeding with his work before the concealed hazard exception will apply, and there is no evidence of either requirement. Lastly, Defendant contends that new case law shows that there is no duty to warn when a hazard is open and obvio us, particularly when there are alternatives which could have been undertaken. Code of Civil Procedure section 1008(a) provides: “When an app...
2024.02.15 Motion for Protective Order 793
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.15
Excerpt: ...conferred and agree on the need for a protective order; that Plaintiff provided a draft protective order and Kuhns indicated that it would stipulate to its entry, but Plaintiff has been unable to obtain Defendant Carlos Alcala's participation and signature on the proposed protective order, and that Plain tiff has also refused to seek assistance from the Court such that Kuhns has filed this motion. No opposition has been filed. Initially, the Co...
2024.02.08 Motion for SLAPP 272
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...emises Liability Cause of Action. It contends that Plainti¯ targets the Wallace Firm because it represented Casa Nicolina LP, Plainti¯s former landlord, in litigation and prelitigation related to a successful unlawful detainer action against Plainti¯; that all of Plainti¯s allegations against Page 16 of 63 the Wallace Firm arise from its communications related to the termination of Plainti¯s tenancy in preparation for the unlawful de...
2024.02.08 Demurrer 282
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...njamin's indemnity, contribution, and declaratory relief causes of action. VCG also contends that these defects cannot be cured as none of VCG's vehicles were involved in the alleged incident although VCG had trucks parked on the street where there was an accident. VCG additionally contends that it satisÞed the meet and confer requirements of Code of Civil Procedure section 430.41. Code of Civil Procedure section 430.41, subdivision (a) requires...
2024.02.08 Demurrer 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ... through twenty-Þrst, and the twenty-third through twenty-Þfth defenses fail to refer to the cause of action they are intended to answer and thus fail to comply with Code of Civil Procedure section 431.30(g); that all 25 defenses fail to name or identify what defense is being pled and so fail to comply with Code of Civil Procedure section 430.20(b), and are uncertain; that all 25 defenses fail to state any facts that constitute a defense and on...
2024.02.08 Motion for SLAPP 257
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...nd “First Cause of Action – Common Count,” her “Second Cause of Action – Fraud,” and her Fourth Cause of Action;” and that all three of Plainti¯s causes of action against the Wallace Þrm arise from protected activity related to prelitigation and litigation of two unlawful detainer actions where the Wallace Þrm represented Plainti¯s landlord, including giving 60-day notice, statements made during the proceedings themselves, a...
2024.02.08 Motion to Dismiss 549
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ... section 583.210 and 583.250. Moving Defendants contend that the summons and complaint has not been served upon any of the Moving Defendants within three years after this action was commenced as required by Code of Civil Procedure section 583.210(a) such that dismissal is mandatory and jurisdictional. More speciÞcally, Moving Defendants assert that the this case was Þled on June 17, 2019; that the statutory 3-year deadline is June 17, 2022; tha...
2024.02.08 Motion for Summary Adjudication 681
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...n that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. (Aguilar v. Atlantic RichÞeld Co. (2001) 25 Cal.4th 826, 849- 850). A plainti¯ has met his or her burden of showing 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 that cause of action. (CCP §437c(p)(1)). Once the plainti¯ has met that burden, the b...
2024.02.08 Motion for Summary Judgment 285
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...tion or proceeding.” (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 t...
2024.02.08 Motion to Compel Arbitration and Stay Action 625
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...Pinel Realtors, Inc. (2019) 32 Cal.App.5th 972, 977-978.) “An arbitration agreement must be in writing to be valid and enforceable. [Citation.]” (Id. at p. 978.) Page 52 of 63 “Under ‘both federal and state law, the threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.' [Citation].” (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396, emphasis in original.) The court is to dete...
2024.02.08 Motion to Compel Further Responses 537
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...ROG, No. 17.1 regarding RFA, Nos. 15 and 16 are neither complete nor straightforward as required by Code of Civil Procedure section 2030.220; that Defendant has only provided objections based on privilege and no substantive response; that the objections based on attorney-client privilege and the attorney work product doctrine do not provide an adequate description of documents claimed to be privileged such that Plainti¯ can evaluate the merits ...
2024.02.08 Motion to Quash Service of Process 507
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.08
Excerpt: ...und of lack of jurisdiction of the court over him or her.” “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plainti¯ to prove … the facts requisite to an e¯ective service.” [Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413 (internal quotes omitted); see Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163.] Therefore, even though defendant is the moving par...
2024.02.01 Motion for Attorney Fees 549
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Excerpt: ...action for (1) breach of equipment Þnance agreement; (2) recovery of possession of personal property; (3) breach of guaranty; and (4) indebtedness, and that they defended this case until on May 16, 2023, Plainti¯ voluntarily dismissed its Complaint against Defendants. Defendants contend that they are the prevailing party under Code of Civil Procedure section 1032, regardless of whether the action is voluntarily dismissed with or without prejud...
2024.02.01 Demurrer 723
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Excerpt: ... each cause of action is uncertain and fails to state facts su¯icient to support a cause of action. The Court notes that the instant demurrer and motion to strike were Þled on 07/25/23 by the A. Nathan Dawood Defendants, prior to the Þling of the FAC on 09/15/23, but it appears that the counsel for the parties met and conferred concerning deÞciencies to the FAC on 07/19/23 by phone, prior to the Þling of the instant demurrer and motion to s...
2024.02.01 Demurrer 093
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Excerpt: ...Inßiction of Emotional Distress. In OCSC Case No. 23-01321684, styled Lucy Pham Le v. Jin Xiong Liu, et al., Ms. Le asserts a single cause of action for Partition. Both cases are directed at disputes regarding the same property located at 12232 Circula Panorama, Santa Ana, CA. Pursuant to CCP §430.10(c), a defendant may bring a special demurrer to a pleading on the basis “[t]here is another action pending between the same parties on the same ...
2024.02.01 Motion for Summary Judgment, Adjudication 093
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Excerpt: ...action for negligence, count two of the Þrst cause of action for liability under Civil Code section 846, and the second cause of action for general negligence are without merit as Plainti¯ intends to Þle an Amended Complaint to remove these causes of action. Still, these causes of action are in the operative Complaint and the court will address them below. I. THE MOTION IS GRANTED AS TO COUNT ONE OF THE FIRST CAUSE OF ACTION AND THE SECOND CA...
2024.02.01 Motion for Summary Judgment, Adjudication 708
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Excerpt: ...nti¯ made a reasonable investigation of the condition at issue before proceeding with his work before the concealed hazard exception will apply, and there is no evidence of either requirement. Lastly, Defendant contends that new case law shows that there is no duty to warn when a hazard is open and obvious, particularly when there are alternatives which could have been undertaken. Code of Civil Procedure section 1008(a) provides: “When an app...
2024.02.01 Motion to Compel Arbitration 373
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Excerpt: ... a valid and enforceable arbitration agreement found in Section M(2); that the arbitration provision in the home warranty service plan subjects all of Plainti¯s' claims to an arbitrator, including on issues related to the applicability or arbitrability of the contract, including any disputes over payments; and that the arbitration provision explicitly delegates all questions of arbitrability to the arbitrator such that questions of whether the ...
2024.02.01 Motion to Compel Further Responses 123
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.02.01
Excerpt: ...hat it “will comply in part and produce the following documents in its possession, custody or control: [list of documents].” Plainti¯ contends these responses are deÞcient because (1) no privilege log was provided for withheld documents and (2) the responses are not code compliant as they do not state that GM has conducted a diligent search for responsive documents. In opposition, GM contends that it has already produced responsive documen...
2024.01.18 Motion to Strike 150
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Excerpt: ... upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading." In this instance, Defendant Westport Construction Inc. seeks to strike out the prayer for consequential damages in Plaintiff's Complaint, arguing that the subject contract, which is attached to the FAC contains a waiver of consequential damages (see Secti...
2024.01.18 Motion to Dismiss 750
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Excerpt: ...e of Summons filed on June 14, 2023, by Cross-complainants reflects service of the summons and Cross-complaint on Wonderland Nevada's registered agent for service of process on May 31, 2023, which is over the three-year maximum time limitation from the filing of the Cross-complaint on November 14, 2019, for the service of summons and complaint under Code of Civil Procedure secton 583.210(a). Wonderland Nevada also contends that none of the condit...
2024.01.18 Motion for Summary Adjudication 217
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Excerpt: ...(1) conversion and (2) unjust enrichment. l. SECOND, THIRD, AND FOURTH CAUSES OF ACTION IN THE COMPLAINT Defendant/cross-complainant moves for summary adjudication as to the second cause of action for meal period violations, third cause of action for rest period violations, and fourth cause of achon for pay stub violations in the operative Complaint. As established in the first, second, and third issues presented in Defendant/crosscomplainant's s...
2024.01.18 Motion for Attorney Fees 149
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Excerpt: ... amount is based on the lodestar value totaling $999,200, and a requested adjustment of the lodestar through the imposition of a multiplier of 1.25. plaintiff/Cross-Defendant Jae Pak ("Pak") contends that the motion should be denied outright in its entirety, or alternatively, that the hours claimed should be apportioned and that the Court should award no more than 500 hours, or 25% of the total hours claimed for the employment FEHA harassment cla...
2024.01.18 Demurrer 749
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.18
Excerpt: ...e S 452(d).) This action was filed by Plaintiff Cottons Investment Group, LLC against SCE for fire damage caused to Plaintiff's commercial property. Plaintiff alleges that SCE started the fire that caused the damage. In a separate action against Rancho Mesa, Plaintiff alleges that Rancho Mesa, acting as an insurance broker, failed to properly procure the property insurance policy requested. (RJN, Ex. A, 7, 17- 18.) SCE's Cross-complaint asserts c...
2024.01.11 Demurrer 353
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.11
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.11
Excerpt: ... Code of Civil Procedure section 430.41, subdivision (a) requires that prior to filing a demurrer, "the demurring party .... meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer ... ." Similarly, prior to filing a motion to strike, "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 ... ." (Code Civ. P...
2024.01.11 Demurrer 979
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.11
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.11
Excerpt: ...the original Complaint on the same grounds asserted here. The Court held that the Complaint failed to allege any alter ego theory of liability against Abboud and that the fifth and sixth causes of action failed because the allegations showed nothing more than the failure to perform a contractual obligation. (ROA 29.) Plaintiff was granted 20 days leave to amend and timely filed the FAC on August 30, 2023. (ROA 33.) Defendants now raise the same a...
2024.01.11 Motion to Continue Trial 317
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.11
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2024.01.11
Excerpt: ...iscovery has not been completed and cannot be completed on the newly added parties before the current trial date of 01/29/24. Plaintiff also contends that additional factors favor a contnuance including the following: the proximity of the current trial date; no prior requests for a contnuance made by any party; no reasonable alternative solution to ensure judicial economy; prejudice to Plaintiff if it is not allowed this continuance and an Page 8...
2023.12.14 Motion for Summary Judgment, Adjudication 848
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.14
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.14
Excerpt: ...d/or adjudication, Defendant presents these three issues: 1. Plaintiffs first, second, third, fourth and thirteenth causes of achon on agreement #1, cannot be collected against defendant Racheal Soriano as plaintiff cannot establish that defendant Racheal Soriano is responsible for this debt under an alter ego theory of liability, as the debt belongs to the corporation, and there is no evidence of fraud or other existence or incorporation of the ...
2023.12.14 Motion for Attorney Fees 032
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.14
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.14
Excerpt: ...LD and BETTY J. LITTLEFIELD, as Trustees of the Richard W and Betty J. Littlefield Trust of 1996. Procedural History of Case: On 12/1/21 Plaintiffs filed this achon for declaratory relief seeking a declaration that the Page 6 of 17 forged promissory note and deed of trust were valid and enforceable against Defendants. On 2/8/22, Defendants answered and filed a cross-complaint for quiet title and cancellation of the forged promissory note and deed...
2023.12.14 Demurrer 591
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.14
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.14
Excerpt: ...ducate for failure to state facts suffcient to state a cause of action. Rossmoor contends that it was not until more than 20 years after the alleged abuse occurred, and that because it did not exist or have employees in 1980, Plaintiff has failed to state any claim against it and the demurrer should be sustained without leave to amend. Plaintiff contends that Rossmoor existed at the time of the abuse; that it was established in 1962 at 4161 Green...
2023.12.07 Motion to Strike
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.07
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.07
Excerpt: ...of default); Page 12 of 28 4. Paragraph 2.h in its entirety (re willful and fraudulent actions); 5. Paragraph 2.i. in fts entirety (re willful and fraudulent actions); 5. Paragraph 2.3. in its entirety (regarding alleged concealment of Right to Redemption); 7. Paragraph 2.k. in its entirety (regarding redemption period); 8. Paragraph 2.1. in its entirety (regarding willful and fraudulent actions); 9. Paragraph 2.m. in its entirety (re redemption ...
2023.12.07 Motion to Compel Further Responses 270
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.07
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.07
Excerpt: ...ories, Set Two ("SPROG 2"), Nos. 71, 72, 75, 76, 79, 80, 83- 87 within 10 days of the hearing on the motion, and imposing $1,635 against Plaintiff. Pacific Expressway contends that Plaintiff served untimely responses to FROG 2 and SPROG 2 such that objections are waived, and that Plaintiff failed to answer the entirety of FROG 2, No. 17.1. Pacific Expressway also contends that it sent a meet and confer to Plaintiff's counsel before filing the ins...
2023.12.07 Motion to Compel Deposition 807
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.07
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.07
Excerpt: ...or transferring Plaintiff based on the email chain produced in Exhibit D. In opposition, Defendant argues that the Motion is procedurally deficient and Newman is an apex witness not subject to deposition pursuant to Page 10 of 28 the holding in Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282. "[W]e hold that when a plaintiff seeks to depose a corporate president or other official at the highest level of corporate management, ...
2023.12.07 Motion for Summary Judgment 878
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.07
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.12.07
Excerpt: ...er burden of showing there is no defense to a cause of action if they have proved each element of that cause of action. (ld., S 437c(p)(1).) The burden then shifts to the defendant to raise a triable issue of one or more material facts as to the cause of action or a defense thereto by setting forth specific facts showing that a triable issue of material fact exists. (Ibid.) Plaintiff's undisputed evidence establishes that on December 14, 2017, Ha...
2023.11.30 Motion for Monetary Sanctions 692
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
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 Demurrer, Motion to Strike 319
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
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 Motion for Entry of Judgment 135
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
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 161
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
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. ...
2023.11.30 Motion for Monetary Sanctions 699
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
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 Summary Judgment, Adjudication 807
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
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 Petition to Deem Proposed Amendments Approved 147
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
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 258
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.30
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...
2023.11.16 Motion to Disqualify Counsel 692
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
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...
2023.11.16 Motion to Deem RFAs Admitted, for Monetary Sanctions 627
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
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 Compel Arbitration 369
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
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 for Summary Judgment 581
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
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 for Right to Attach Order and Writ of Attachment 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
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 Preliminary Injunction 191
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
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 Demurrer 880
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.16
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 ...
2023.11.09 Demurrer 671
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
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
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...
2023.11.09 Demurrer to FAC 644
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
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 Motion to Compel Further Deposition of PMK, for Monetary Sanctions 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
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 Motion to Strike or Tax Costs 473
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.09
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...
2023.11.02 Motions to Strike 001
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.11.02
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
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 for Judgment on the Pleadings 652
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
Excerpt: ...d every allegation set forth in the First Amended Complaint pursuant to Code of Civil Prmædure, section 431.30, subdivision (d)." (See ROA 53, Answer.) Defendant's Answer also alleges one defense: "[t]he Complaint fails to state facts sufficient to constitute a cause of action against the Defendant." (Ibid.) The operative First Amended Complaint contains one cause of action: violations of the California Constitution Article l, SS 7 and 19. The F...
2023.10.26 Motion for Summary Judgment, Adjudication 546
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
Excerpt: ... Indemnity; (4) Breach of Contract; (5) Declaratory Relief Re: Duty to Indemnify; (6) Declaratory Relief Re: Duty to Defend; and (7) Declaratory Relief Re: Failure to Maintain Insurance as follows, pursuant to the Notice of Motion: 1. CRH's First Cause of Action for Equitable Indemnity and Second Cause of Acton for Contribution fail because there is no evidence that Winnelson had independent fault for the subject incident. 2. CRH's Third Cause of...
2023.10.26 Motion to Compel Arbitration 507
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
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...
2023.10.26 Motion to Compel Responses 480
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
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 Strike 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.26
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...
2023.10.19 Motion to Stay Action, for Judgment on the Pleadings 699
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.19
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.19
Excerpt: ...e same cause of action." Defendants contend that abatement is a matter of right when final judgment in the first action would bar the second action under the doctrine of res judicata or have a preclusive effect on a material issue. Leaving aside that the statute expressly specifies that the argument is to be made by demurrer or answer (thereby severely limiting the material that the court can consider), Defendants do not meet the requirements for...
2023.10.19 Motion to Stay Action, for Judgment on the Pleadings 692
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.19
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.19
Excerpt: ...tion." Defendants contend that abatement is a matter of right when final judgment in the first acton would bar the second action under the doctrine of res judicata or have a preclusive effect on a material issue. Leaving aside that the statute expressly specifies that the argument is to be made by demurrer or answer (thereby severely limiting the material that the court can consider), Defendants do not meet the requirements for a mandatory plea i...
2023.10.19 Motion to Compel Arbitration 347
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.19
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.19
Excerpt: ...on February 1, 2021, Cross-complainants signed a "Voluntary Mutual Agreement to Arbitrate Claims" whereby Cross-complainants agreed to arbitrate employment related claims, and that Cross-complainants' claims for age discrimination, failure to effect reasonable accommodation, breach of partly oral and Page 4 of 23 partly implied contract, and associational discrimination alleged in their Cross-complaint fall within the scope of the Arbitration Agr...
2023.10.19 Motion for Summary Adjudication 828
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.19
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.19
Excerpt: ...yer at the time of her termination or the alleged retaliation against her and thus, not liable as to the first, second, third, and fifth causes of action; and (3) AVIM is not liable to Plaintiff because AVIM was no longer a party to the contract at the time of the alleged breach and thus the fourth cause of action fails. The motion and moving papers were filed on 7/27/2023. (AVIM/CFPH-Cl's MSA; ROA 67, 58, 69, 70). Defendant Compassion-First Pet ...
2023.10.12 Petitioner to Appoint Receiver 936
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.12
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.12
Excerpt: ... Code section 17980.7(c). "If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Cuie relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part, or any provision in a local ordinance that is similar to a provision in this part, and the violations are so extensive and of such a nature that the ...
2023.10.12 Demurrer to SAC 123
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.12
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.12
Excerpt: ...v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th 336, 343—344 for the proposition that: " 'Generally, after an amended pleading has filed, courts will disregard the original pleading. [Citation.] [91 However, an exception to this rule is found where an amended complaint attempts to avoid defects set forth in a prior complaint by ignoring them. The court may examine the prior complaint to ascertain whether the amended complaint is merely a ...
2023.10.05 Motion to Compel Responses, for Sanctions, to Deem RFAs Admitted 942
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.05
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.10.05
Excerpt: ...m Requests for Admission, Set One propounded on Defendant/Cross-Defendant John Andraos Admi©ed, plus $860 in sancŸons, and (4) MoŸon to Deem Requests for Admission, Set One propounded on Defendant/Cross-Defendant Golden Foods Admi©ed, LLC plus $860 in sancŸons. Neither Defendant/Cross-Defendant John Andraos nor Defendant/Cross-Defendant Golden Foods, LLC opposed the MoŸons. MoŸons to Compel Responses to Form Interrogatories Pursuant...