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2022.12.01 Demurrer 738
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.12.01
Excerpt: ...dispensable parties. Request for Judicial Notice Defendants request judicial notice of the following documents: (A) City of Newport Beach City Council Resolution No. 2019-80; (B) Chapter 15.80 and Chapter 20.64 of the Newport Beach Municipal Code; and (C) a true and correct copy of the City's GIS map for the area surrounding Kings Road. The Request for Judicial Notice is GRANTED as to Exhibits A and B. (Evid. Code, § 452(b), (c).) The Request fo...
2022.11.17 Motion to Strike Allegations 599
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.17
Excerpt: ...“L.C.” as a minor suing through his Guardian Ad Litem, Alexandra Cardenas, including (1) the caption; (b) page 1, lines 24 and 25 of the Complaint; and (3) paragraph 1, page 2, lines 5-6 of the Complaint. • All references to “L.C.” and/or “Minor-Plaintiff”, including at (1) the caption; (2) page 1, line 25; (3) paragraph 1, page 2, lines 5-6; (4) paragraph 11, page 3, line 22; and (5) paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 2...
2022.11.17 Motion to Quash Deposition Subpoenas 436
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.17
Excerpt: ...le, Inc.; (9) Stoneware Enterprises; and (10) Vicomptel Inc, Inc. Alternatively, Ho moves for an order modifying the subpoenas by limiting the scope to “business records associated with Plaintiff and Plaintiff's property located at 67 Interstellar, Irvine, CA 92618” and narrow the request for tax records to “invoices and receipts associated with Plaintiff and his 67 Interstellar, Irvine, CA 92618 property.” Ho also moves for monetary sanc...
2022.11.17 Motion to Compel Arbitration 862
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.17
Excerpt: ...ties' dispute. Authority A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. (Code Civ. Proc., § 1281.2.) “The trial court may resolve motions to compel arbitration in summary proceedings, in which ‘[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bea...
2022.11.17 Motion for Leave to File FAC 194
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.17
Excerpt: ...e, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (Code of Civ. Proc., § 576.) A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or amended pleading; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, pa...
2022.11.17 Motion to Strike Complaint 750
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.17
Excerpt: ... a Short Continuance. (ROA 399.) The Court scheduled the Motion to Strike Complaint and Motion to Strike Answer to Cross-Complaint for November 17, 2022. (ROA 410.) The Ex Parte Application serves as the moving papers for the motions. (Ibid.) Dev Bakery and Colvin bring the motions pursuant to Code of Civil Procedure sections 435 and 436 on the ground that the Complaint and Answer to Cross-Complaint filed by Wonderland are not drawn in conformity...
2022.11.10 Demurrer, Motion to Strike 363
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.10
Excerpt: ...ke portions of the Frist Amended Complaint related to punitive damages and attorney's fees. DEMURRER A. 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.) “Constructive fr...
2022.11.03 Motion to Quash Notice to Appear and Produce Docs at Trial 010
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.03
Excerpt: ...f any relevant documents. Defendant COUNTY contends that since BARNES is sued only in his official capacity Plaintiffs are required to show a compelling reason for his testimony; that requiring BARNES to testify at trial would disrupt his obligations to the public as Sheriff as well as disrupt the Sheriff Department's operations; and that Plaintiff is required to state a proper showing as to why BARNES' testimony is needed since Defendant COUNTY ...
2022.11.03 Motion to Compel Further Responses 876
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.03
Excerpt: ... 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).) A party may move for an order compelling further responses to interrogatories if the party deems an answer to be evasive or incomplete, an exercise of the ...
2022.11.03 Motion for Summary Adjudication 658
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.11.03
Excerpt: ...ndants failed to satisfy their obligations under the applicable Lease Agreement and Guaranty. “If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days.” (Code Civ. Proc., § 437c, subd. (a)(2).) “The motion shall be heard no later than 30 days before the date of trial, unless the court for good c...
2022.10.27 Motion to Compel Arbitration 998
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.27
Excerpt: ...s Dodge, as third-party beneficiaries and under the doctrine of equitable estoppel. Request for Judicial Notice Plaintiffs request judicial notice of the February 12, 2022 Ninth Circuit Opinion in the matter of Ngo v. BMW of North America, LLC (9th Cir. 2022) 23 F.4th 942, as well as several federal and state court orders in other matters concerning motions to compel arbitration. The Request for Judicial Notice is GRANTED. (Evid. Code, §§ 451(a...
2022.10.27 Motion for Attorney Fees 806
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.27
Excerpt: ...ction. Plaintiff also moves for an order for an award of costs in the amount of $8,509.45 as set forth in the memorandum of costs. Supplemental Briefing In light of new evidence submitted with the reply papers and the lack of clarity as to Plaintiff's counsel's calculation of hours, on July 28, 2022, the Court continued the hearing on the instant motion for attorney's fees to October 27, 2022 and permitted supplemental briefs The parties timely f...
2022.10.27 Motion for Determination of Good Faith Settlement 096
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.27
Excerpt: ...June 3, 2019 (Case No. 30-2019- 01074096); and that they be dismissed with prejudice from the entirety of Cross-Complaint filed by Michelle Urquidi and Carlos Urquidi filed on July 12, 2019 (Case No. 30-2019- 01074096) pursuant to California Rules of Court, rule 3.1382, and that the current case stay be lifted only for the hearing and determination of this motion. As a threshold matter, the case is currently stayed pending the criminal case 18NM0...
2022.10.27 Motion for Leave to File TAC 823
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.27
Excerpt: ...s Towing (“BEACH”). The Court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. (C.C.P. section 473(a)(1).) The Court may likewise, in its discretion, after notice to the advers...
2022.10.27 Motion to Compel Responses 365
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.27
Excerpt: ...moves for an order awarding monetary sanctions against Defendant and/or its counsel in the amount of $6,500. Plaintiff provides that DBMC served responses on February 7, 2022 after two extensions; and that DBMC failed to provide any substantive response or responsive documents to RFP, Nos. 37-40 and 50, including (1) documents about communications around terminating other hourly employees at Plaintiff's work location as part of the reduction of f...
2022.10.27 Motion to Compel Responses 080
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.27
Excerpt: ...-84, 87-88, 90, 92 and 94 within fourteen (14) days, without objection as well as monetary sanctions against Defendant and its attorneys of record Brandon Witkow and Matthew Hood, in the amount of $2,985.00; and (3) Plaintiff's Request for Production Nos. 75-86, 95-119 within fourteen (14) days, without objection as well as monetary sanctions against Defendant and its attorneys of record Brandon Witkow and Matthew Hood, in the amount of $2,535.00...
2022.10.27 Motion to Compel Responses 139
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.27
Excerpt: ...ed on May 23, and 26, 2022. [Declaration of Foroozandeh ¶4.] Each Defendant asserted the Fifth Amendment protection against self-incrimination and refused to answer questions. [Id.¶8.] Moving party indicates that, “Plaintiffs' counsel met and conferred on the record, but Defendants' attorney would not instruct their clients to answer any of the deposition questions.” [Motion page 3:19-21.] This motion followed. Motion to Compel Answers Gene...
2022.10.27 Motion to Vacate Default Judgment 606
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.27
Excerpt: ...he United States Bankruptcy Court of the Southern District of Florida, Fort Lauderdale Division, in Case No. 20-22320-PDR, as part of Advance Case Parts, Inc.'s Subchapter V Plan for Reorganization, ordered all of Plaintiff's claims against Defendant relating to the loan agreement and guaranty that are the subject of the instant action to be released, such that at the time Plaintiff filed its default judgment application, this Court lacked subjec...
2022.10.27 Petition to Compel Arbitration, to Dismiss or Stay Action, for Attorney Fees 155
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.27
Excerpt: ...ion pending before JAMS, captioned Maher v. Splice Agency LLC, et al., JAMS Case No. 5100000379 (“Maher Arbitration”); 2. an order, pursuant to California Code of Civil Procedure section 1281.4 and the Federal Arbitration Act, 9 USC § 3, dismissing this action or, alternatively, issuing a stay pending resolution of the Maher Arbitration; 3. an award of attorney's fees and costs to Maher, California Code of Civil Procedure sections 1281.97, e...
2022.10.20 Motion to Strike Punitive Damages 776
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.20
Excerpt: ... in their context, and assume their truth. [Citations.] In ruling on a motion to strike, courts do not read allegations in isolation. [Citations.]” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) “Further, even though certain language pleads ultimate facts or conclusions of law, such language when read in context with the facts alleged as to defendants' conduct may adequately plead the evil motive requisite to recovery of puniti...
2022.10.20 Motion to Quash Deposition Subpoenas 272
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.20
Excerpt: ...onal Bank; (6) Citibank N.A.; (7) J.P. Morgan Chase; and (8) Bank of America (“Subpoenas”). In the alternative, Defendants seek a protective order denying the production of business records requested by Plaintiff in the Subpoenas. Defendants also will move and hereby do move this Court for an order compelling Plaintiff and its counsel of record, BROWN & CHARBONNEAU, LLP, to pay sanctions, jointly and severally, to Defendants in the amount of ...
2022.10.20 Motion to Compel Further Responses, Deposition 204
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.20
Excerpt: ...fornia Gas Company: Alex Taylor, Rick Hartley, “Anthony,” and Southern California Gas Company's Persons Most Qualified re: direction, approval, oversight, decision making, and knowledge to subsequently install the protective yellow “T- Bars” at the fall location on both sides of the dangerous low-lying gas pipe riser and trip hazard, on which plaintiff tripped and fell and to reset the discovery schedule as necessary; and 4. Awarding disc...
2022.10.20 Motion to Compel Arbitration 203
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.20
Excerpt: ...judicial notice of: (1) Plaintiff's Complaint in this action; and (2) a February 11, 2016 Notice of Entry of Dismissal and Proof of Service filed in the matter of Felisilda v. FCA US LLC, Case No. 34-2015-00183668, Sacramento Superior Court. Plaintiff requests judicial notice of the February 12, 2022 Ninth Circuit Opinion in the matter of Ngo v. BMW of North America, LLC (9th Cir. 2022) 23 F.4th 942. The Requests for Judicial Notice are GRANTED. ...
2022.10.20 Motion for Terminating Sanctions, Issue Sanctions, Monetary Sanctions 676
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.20
Excerpt: ...d set of form and special interrogatories, motion to compel production of documents, and motion to deem facts admitted. Defendant contends that Plaintiff has failed to engage in or prosecute this lawsuit and has demonstrated his unwillingness to participate in this lawsuit, warranting the issuance of terminating sanctions by dismissing this action; that if the Court declines to issue terminating sanctions, the Court should impose issue sanctions ...
2022.10.20 Demurrer 620
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.20
Excerpt: ...of Action for purported Involuntary Dissolution. Initially, the Court notes abuses of the California Rules of Court and other issues requiring a continuance of the matter. First of all, both parties cite to both California and Delaware law interchangeably and/or to support specific arguments without a real analysis as to why either States' law applies to the particular causes of action addressed in the Demurrer. Additionally, the Court notes that...

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