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2022.10.13 Motion to Withdraw Appearance and Answer to Complaint 266
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...rances, as well as pursuant to Code of Civil Procedure sections 473(a) and (b) because an answer was erroneously filed by defense counsel before counsel had a chance to speak to Miramontes, and that defense counsel was not able to speak with Miramontes until July 21, 2022, whereupon defense counsel first learned that Miramontes who was served in Donna, Texas per Plaintiffs' proof of service, was not the Miramontes that is named in the Complaint a...
2022.10.13 Motion to Compel Arbitration 638
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...to an arbitration agreement may enforce the agreement.” (Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 495, review denied (Nov. 24, 2020).) “However, there are several exceptions that allow a nonsignatory to invoke an agreement to arbitrate.” (Ibid.; citing JSM Tuscany, LLC v. Superior Court (2011) 193 Cal.App.4th 1222, 1236-1237].) “The doctrine of equitable estoppel is one of the exceptions.” (Ibid.) “Under the doctrine of equi...
2022.10.13 Motion to Compel Arbitration 212
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...reement”) which is submitted to the Court by the moving party as purporting to contain the arbitration provision upon which the moving party relies identifies the buyer as “5 Star Housing LLC.” In addition, the name of the defendant in the Verified Complaint is “5 Star Housing LLC.” As such, is it unclear if there is a typographical error in the motion or if the motion was actually intended to be brought by “5 Star Housjng LLC.” The...
2022.10.13 Motion to Compel Arbitration 032
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...a court order compelling the parties to arbitrate a dispute covered by the agreement. (Code Civ. Proc., § 1281.2.) “The trial court may resolve motions to compel arbitration in summary proceedings, in which ‘[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact n...
2022.10.13 Motion for Summary Judgment 047
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...t Defendants, including BofA, negligently owned, operated and maintained the premises where the Incident occurred in a dangerous and defective condition by designing, creating, building, maintaining, and controlling the walkway area where the Incident occurred “in such a manner as to create a dangerous condition for users including having a potential tripping and/or fall hazard as well as a variance offset in the walkway that was more than triv...
2022.10.13 Motion for Judgment on the Pleadings 035
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...es out of obligations of a written agreement, namely, the Operating Agreement for a limited liability company known as 17848 Sky Park Circle LLC (“Skypark”), and that Defendants cannot be liable for any of the causes of action as Defendants are not parties to the Operating Agreement and did not sign the Operating Agreement. Defendants also assert that the Operating Agreement that is attached as Exhibit A to the Complaint contains an integrati...
2022.10.13 Motion for Attorney Fees 734
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ...by Plaintiff in opposing an appeal of Defendant David Ellis (“Ellis”) (the “Second Fees Motion”), and that when the motion was filed, Bostwick believed in good faith that his declaration supporting the motion provided sufficient information to calculate fees under the Lodestar method because it stated the number of hours counsel worked on tasks related to the appeal and stated the hourly rate for each attorney who performed the work. Plai...
2022.10.13 Motion to Strike or to Stay Proceedings Pending Arbitration 363
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.13
Excerpt: ... cause of action for negligence against Monarch based on the contract between the parties. Pursuant to Code of Civil Procedure section 437(a), “[t]he grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).) The court also “consider[s] the complaint's exhibits.” (Hoffman v. Smithwoods RV Park, LLC (200...
2022.10.06 Motion to Compel Arbitration 558
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.06
Excerpt: ...hoice-of-law clause expressly incorporating them.” (Ibid.) Here, the Arbitration Provision in the Lease for the vehicle at issue expressly states that “[t]his Arbitration Provision, and any arbitration conducted hereunder, shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration.” As such, the FAA applies. The Arbitration Provision is Enforceable “Section 2 of the FAA provid...
2022.10.06 Motion for Leave to Conduct Limited Discovery in Response to Special Motion to Strike 863
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.06
Excerpt: ...e filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.” “If the plaintiff makes a timely and proper showing in response to the motion to strike, that a defendant or witness possesses evidence needed b...
2022.10.06 Demurrer 619
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.10.06
Excerpt: ...The Bank Defendants assert that during the meet and confer process, Plaintiff agreed to dismiss its Sixth Cause of Action for Breach of Warranty and Eighth Cause of Action for Negligence, leaving only the Seventh Cause of Action for Conversion at issue, and providing that it was pursuing the conversion cause of action solely as an assignee of FMC. The Bank Defendants contend that FMC does not have a valid conversion cause of action against either...
2022.09.29 Motion to Compel Arbitration 091
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ...ment to arbitrate.” (Ibid.; citing JSM Tuscany, LLC v. Superior Court (2011) 193 Cal.App.4th 1222, 1236-1237].) “The doctrine of equitable estoppel is one of the exceptions.” (Ibid.) “Under the doctrine of equitable estoppel, as applied in both federal and California decisional authority, a nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the ...
2022.09.29 Demurrer 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ...e first time on reply, including CarMax's arguments related to its duty to investigate the subject vehicle's title. (See Balboa Ins. Co. v. Aguirre (1983) 149 Cal.App.3d 1002, 1010; Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Uncertainty CarMax argues the FAXC is uncertain because it does not state the indemnity theory under which Ford is proceeding such that CarMax has no way of knowing which indemnity theory it should defend. Ford ...
2022.09.29 Demurrer 357
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ...ering of services for which the health care provider is licensed.” [Arroyo v. Plosay (2014) 225 Cal.App.4th 279, 297.] However, in the First Amended Complaint ¶4, Plaintiff defines Defendant Pfizer as a manufacturer of products, and not as a health care provider. As such, Defendant argues that Plaintiff does not, and indeed cannot, allege that Pfizer had any role in providing medical care to him. [See First Amended Complaint¶¶18-21.] Plainti...
2022.09.29 Motion to Strike, Demurrer 749
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ...iff is a public figure because she is the wife of a Fountain Valley City Councilman, Ted Bui; (2) Ted Bui ran for the State Assembly in this year's primary election held on June 7, 2022; and (3) the commentary by Defendants was about the political campaign and arose in the course of Plaintiff's husband's campaign for the State Assembly. Defendants also contend that Plaintiff cannot show a reasonable probability of prevailing on the merits of her ...
2022.09.29 Motion to Compel Further Responses 355
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ...rder requested and Rule 3.1113(a) requires that a motion be filed with a supporting memorandum. Plaintiff's notices of motion each state the nature of the order requested and that the motions are based on the memorandum of points and authorities, among other things. The memorandums of points and authorities include citations to the applicable Code sections and Defendant's legal arguments in favor of further responses. The Court finds that the Mot...
2022.09.29 Motion to Compel Medical Records 947
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ...res information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” Plaintiff contends that the Defendants and their expert, DR. BOONE, agreed to produce “all of the test materials from the examination” of Plaintiff pursuant to the October 13, 2021 Joint Stipulation and Order The...
2022.09.29 Petition for Preliminary Injunction 291
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.29
Excerpt: ... exist therefor.” Additionally, Code of Civ. Proc. §526(a)(1) provides, in relevant part, that an “injunction may be granted” when “it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.” In this instance, Plaintiff has not filed a verified complaint...
2022.09.22 Motion to Compel Verified Answers, for Monetary Sanctions 035
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.22
Excerpt: ...emands, and awarding monetary sanctions against Plaintiff in the amount of $1,108.50. • An order deeming the truth of all matters specified in Request for Admissions, Set One, served on Plaintiff, admitted, and awarding monetary sanctions against Plaintiff in the amount of $1,108.50. Subsequent to the filing of the discovery motions, Plaintiff served responses to Defendant's First Set of Form and Special Interrogatories; Inspection Demands; and...
2022.09.22 Demurrer to SAC 544
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.22
Excerpt: ...d conferred by telephone regarding Defendants' Demurrer, as required by Code of Civil Procedure section 430.41(a). (See Declaration of Wyatt Butler, ¶¶ 7-8.) Uncertainty Defendants demur to the SAC on the ground that it is uncertain. However, the Memorandum of Points and Authorities cites no legal authority and contains no argument in support of this contention. Thus, the Demurrer to the SAC on the basis of uncertainty is OVERRULED. First Cause...
2022.09.22 Demurrer 678
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.22
Excerpt: ...022. As a threshold matter, the Court notes that the initial Complaint in this matter was filed on 9/14/21 by Plaintiff/Petitioner, Hall against Respondents. (ROA 1.) Thereafter, on 11/5/21, Petitioner Hall filed an amended pleading entitled “Verified Petition for Writs of Traditional and Administrative Mandate and Request for Immediate Stay.” (ROA 20.) Then, on 12/13/21, Petitioner filed an amended petition entitled, “First Amended Verifie...
2022.09.15 Motion to Compel Further Responses, for Monetary Sanctions 064
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.15
Excerpt: ...15.1 and 17.1, and awarding $1,355 in monetary sanctions against Molina. Plaintiff contends Burns served written responses on January 31, 2022, asserting objections to each interrogatory but Burns failed to verify his response to any of the Form Interrogatories, and served meritless boilerplate objections to the Form Interrogatories at issue. Plaintiff also contends that Plaintiff agreed to extensions of time to respond up to June 14, 2022, but t...
2022.09.15 Motion for Summary Judgment 807
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.15
Excerpt: ...t private nuisance, and that no private nuisance existed based on testimony from Matthew Cosylion, the Code Enforcement Supervisor for the City of Newport Beach, who stated there was no violation of any Newport Beach Municipal Code (“NBMC”) ordinance. Defendants also argue that there is no triable issue of fact as to Plaintiff's Second Cause of Action for Violation of Newport Beach Municipal Code sections as the noise from the two air conditi...
2022.09.15 Motion for Attorney Fees 142
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.15
Excerpt: ...$2,690.25; •Additional anticipated fees for motion, reply and oral argument: $2,550. Plaintiff contends that Ford necessitated the accrual of Plaintiff's attorney's fees in this action over the course of eight months of litigation by refusing to consider reasonable compromise proposals; that Plaintiff is entitled to an award of her attorney's fees pursuant to Civil Code section 1794(d) which mandates such fees and costs to the prevailing party ...
2022.09.15 Demurrer, Motion to Strike 098
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.15
Excerpt: ...iolate the mediation privilege and Plaintiff's request for punitive damages. BV has filed a joinder to Hodson and Pham's Demurrer and Motion to Strike, in addition to its own Demurrer. Meet and Confer A demurring party must meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer in an attempt to reach an informal resolution before a demurrer is filed. (Code Civ. Proc., § 430.41(a).) Here, H...

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