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2023.02.09 Motion to Compel Responses to Deposition Questions, for Sanctions 211
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.09
Excerpt: ...7/21/2022 Plaintiffs filed a Motion to Compel Responses to Deposition Questions (ROA 93). The depositions of Defendants Nima Alimagham, Amir Hosseindoost, Kiasram Khajeouri, occurred on May 23, and 26, 2022. [Original Declaration of Foroozandeh ¶4.] Each Defendant asserted the Fifth Amendment protection against self-incrimination and refused to answer questions. [Id.¶8.] At the hearing on 10/27/2022, Counsel gave the Court approval to view crim...
2023.02.09 Motion to Compel Further Responses 365
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.09
Excerpt: ...aring and ordered the parties to further meet and confer. The parties were further ordered to file a joint statement of all remaining issues, if any. (ROA 73). The court has reviewed the parties' joint statement. A demanding party may move for an order compelling further response to a demand for inspection if a statement of compliance with the demand is incomplete, a representation of inability to comply is inadequate, or an objection is without ...
2023.02.09 Motion to Compel Arbitration 511
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.09
Excerpt: ...4) Nissan Buena Park's Answer in the present case. As a general rule, only a party 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 eq...
2023.02.09 Motion to Compel Further Responses 380
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.09
Excerpt: ...fendants' objections are meritless boilerplate. A demanding party may move for an order compelling further response to a demand for inspection if a statement of compliance with the demand is incomplete, a representation of inability to comply is inadequate, or an objection is without merit or too general. (Code Civ. Proc., § 2031.310(a).) As an initial matter, Defendants argue the Motions should be denied because Plaintiffs' claims are preempted...
2023.02.02 Motion to Set Aside Dismissal 599
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.02
Excerpt: ...ve from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or procee...
2023.02.02 Motion to Change Venue 770
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.02
Excerpt: ...oper in Orange County as they do not reside or maintain offices in Orange County and reside and do business in Riverside County, and that the acts alleged were either done in furtherance of litigation in the underlying case of Henry v. Cats, Orange County Superior Court, case no. 07CC07970 (the “CATS lawsuit”), and are privileged under Civil Code section 47(b)(2), or occurred in Florida. Plaintiff, Joseph Dawson (“Plaintiff” or “Dawson�...
2023.02.02 Motion to be Relieved as Counsel 762
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.02
Excerpt: ...neros seeks to be relieved as counsel of record for Elite as in or about February 2022, Alex X. Solorio, the Chief Executive Officer of Elite, contacted him and notified him that Elite was “going out of business” and “closing its doors,” and that “all legal matters being handled by [him] and The Myers Law Group needed to be wrapped up and closed out.” (Attachment 2 to Declaration of Ivan U. Cisneros, ¶ 2.) Attorney Cisneros states, �...
2023.02.02 Motion for Terminating Sanctions 676
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.02
Excerpt: ...ourt's ruling on the City's motion to compel answers to the second set of form and special interrogatories, motion to compel production of documents, and motion to deem facts admitted. Defendant also asserts that Plaintiff has failed to obey the Court's Order dated October 20, 2022, ordering Plaintiff to serve the still outstanding discovery within 20 days, and granting the City's request for monetary sanctions against Plaintiff in the amount of ...
2023.02.02 Demurrer 671
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.02.02
Excerpt: ... her work performance by creating an intimidating, hostile, or offensive work environment; and (5) defendants are liable for the harassment.” (Ortiz v. Dameron Hospital Association (2019) 37 Cal.App.5th 568, 581). Defendant demurs on the ground that Plaintiff has failed to allege an essential element. Here, in reviewing the complaint, Plaintiff fails to state a cause of action for Hostile Work Environment because she has not alleged that she wa...
2023.01.19 Motion to Compel Deposition, Inspection of Equipment 807
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.01.19
Excerpt: ...his action. (Declaration of Erika L. Sandler, ¶ 17; Ex. E to Notice of Lodging, ROA 171.) Thus, the Court VACATES the motion as to Starr. Plaintiff contends that Plaintiff attempted to meet and confer about scheduling Sittig's deposition and advised that if there was a conflict about dates, counsel could provide alternate dates, but defense counsel has not responded, and that Plaintiff has noticed the deposition six times but that Defendant refu...
2023.01.19 Motion to Amend Judgment 623
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.01.19
Excerpt: ...his Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.” This section authorizes a trial court “to amend a jud...
2023.01.19 Motion for Summary Judgment, Adjudication 736
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2023.01.19
Excerpt: ...r authenticated evidence that they engaged in the interactive process with Plaintiff or that Plaintiff failed to initiate the interactive process. The operative Complaint contains the following causes of action: 1. Violation of Government Code section 12940(a); 2. Violation of Government Code section 12940(h); 3. Violation of Government Code section 12940(k); 4. Violation of Government Code section 12940(m); 5. Violation of Government Code sectio...
2022.12.15 Motion for Consolidation 925
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.15
Excerpt: ...n the second action to protect their right to a full trial of the issue of title. The instant action is for Unlawful Detainer in relation to 10222 Morningside Drive, Garden Grove, California 92843. It was filed by Plaintiff Tim S. Kling as Trustee of the Kingsley Trust Dated Feb. 7, 2020 (“Kling”) against Defendants Topaz Tran; Lynn Loan Tuong Thi Nguyen; Sean Nguyen; Joey Nguyen; and Hong Tran. The Complaint alleges that Defendants orally ag...
2022.12.15 Motion to Require Undertaking 258
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.15
Excerpt: ...in the City of Newport Beach at 1701 Corinthian Way; 4251, 4253, and 4255 Martingdale Drive; 4200, 4220, and 4250 Scott Drive; and 16600 Dove Street, Assessor's Parcel Numbers 427-172- 02, 427-172-03, 427-172-OS and 427-172-06 (“Newport Crossing Property”).” Aryabhata also seeks an order requiring TPG to pay Aryabhata $8,000 as an award of reasonable costs and attorneys' fees incurred in bringing this motion pursuant to CCP section 405.38. ...
2022.12.15 Motion for Summary Judgment, Adjudication 072
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.15
Excerpt: ...ess. Plaintiff's undisputed material facts establish the following events. On 2/26/21, Plaintiff executed written Business Loan Agreement No. F345561-001 (“BLA”) to Defendant Green Sip Construction, Inc. for a loan in the amount of $74,000.00. (UMF 1). The BLA required Green Sip Construction to make 53 weekly payments of $1,843.02 (UMF 2). Defendant Marlene Eaton personally guaranteed payment under the BLA. (UMFs 11 and 12). Green Sip Constru...
2022.12.07 Motion for Attorney Fees 314
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.07
Excerpt: ...p, Inc. (“VMG”) under Civil Code §1717, Code of Civil Procedure §1033.5, and Code of Civil Procedure §1032, as allowed by contract. Defendants contend that they are prevailing parties and are entitled to fees under the property management agreement and Civil Code section 1717, and that the Judgment already found that Defendants are prevailing parties after trial and are entitled to fees and costs under Code of Civil Procedure sections 1032...
2022.12.07 Demurrer 738
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.07
Excerpt: ...pensable parties, and the applicable statutes of limitations. Request for Judicial Notice Defendant requests judicial notice of the following documents: (A) City of Newport Beach City Council Resolution No. 2019-80; (B) Chapter 15.80 of the Newport Beach Municipal Code; (C) Building Permit X2019-3305, issued on February 28, 2020 to Greg and Carolyn Reed; (D) Plaintiff's Complaint; (E) GIS map for the area surrounding Kings Road; (F) District Cour...
2022.12.07 Demurrer 599
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.07
Excerpt: ...ts sufficient to constitute the second cause of action for negligence. The court need not reach the merits of the Demurrer because the Demurrer is untimely. A demurrer must be filed “within 30 days after service of the complaint.” (Code Civ. Proc., § 430.40, subd. (a).) The “demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on whic...
2022.12.07 Demurrer 251
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.07
Excerpt: ...ntends that the First Cause of Action for Disability Discrimination fails because work-related stress is not a qualifying disability under the Fair Employment and Housing Act (“FEHA”); that work-related stress is covered exclusively under Workers' Compensation such that it is barred; and that judicial estoppel applies to bar Plaintiff from taking inconsistent positions about her ability to work and whether her stress claim was included in her...
2022.12.07 Demurrer 039
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.07
Excerpt: ...or Intentional Infliction of Emotional Distress (“IIED”) as the Second Cause Action, and the cause of action for Termination in Violation of Public Policy (“Wrongful Termination”) as the Third Cause of Action; however, the body of the Complaint switches the numbering of these two causes of action. Nevertheless, the causes of action at issue are the Second and Third Causes of Action which consist of the claims for IIED and Wrongful Termina...
2022.12.01 Motion to Strike Action 863
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.01
Excerpt: ...int, and paragraph 43 of the Second Cause of Action, pursuant to Code of Civil Procedure section 425.16. Defendant contends that Plaintiff, Brett Gregor, (“Plaintiff”) and she are presently involved in a divorce proceeding, and that as part of that action, Plaintiff's allegations concerning Defendant's communications with third persons was to conduct an investigation and to seek information about Plaintiff's apparent extramarital affair and t...
2022.12.01 Motion for Terminating Sanctions 644
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.01
Excerpt: ...bey an order compelling further responses. Trident contends that Plaintiff and her counsel have directly violated the Court's June 30, 2022 Order granting Trident's motion to compel further responses to Special Interrogatories, Set Two (“SPROG 2”) by failing to provide further responses to SPROG 2 which are focused on identifying the various treating physicians and other persons that advised/informed Plaintiff of the relationship between the ...
2022.12.01 Motion for Leave to File Complaint 291
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.01
Excerpt: ...pplemental complaint is to bring to the notice of the court and the opposite party things which occurred after the commencement of the action, and which do or may affect the rights asserted and the relief asked in the action as originally instituted. [Kamei v. Kumamoto (1967) 256 Cal.App.2d 381.] Additionally, in bringing a motion for leave, a separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Wh...
2022.12.01 Motion for Determination of Good Faith Settlement 346
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.01
Excerpt: ...and Plaintiff State Farm Mutual Automobile Insurance Company was in good faith. The motion was set for hearing on 4/28/2022. On that date, the Court continued the motion to 7/21/2022 in order for the Motion and Notice of Continuance of the Motion to be served via email and mail upon all appearing parties. [ROAS 84, 100.] On 7/8/2022 Defendant Harkness filed an Opposition. On 7/21/2022, the Court denied the motion without prejudice. The Court expl...
2022.12.01 Demurrer, Motion to Strike 363
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.01
Excerpt: ...d a Motion to Strike portions of the Frist Amended Complaint related to punitive damages and attorney's fees. DEMURRER Third Cause of Action for Constructive Fraud “The elements of the cause of action for constructive fraud are: (1) fiduciary relationship; (2) nondisclosure (breach of fiduciary duty); (3) intent to deceive, and (4) reliance and resulting injury (causation).” (Younan v. Equifax Inc. (1980) 111 Cal.App.3d 498, 517, fn. 14.) “...

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