Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

954 Results

Clear Search Parameters x
Location: Orange County x
Judge: Lee, Richard x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 353)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 350,25
Array
(
)
2022.09.08 Motion to Consolidate 303
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.08
Excerpt: ...ated, or such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (Code Civ. Proc., § 1048(a).) “Under the statute and the case law, there are thus two types of consolidation: a consolidation for purposes of trial only, where the two actions remain otherwise separate; and a complete consolidation or consolidation for all purposes, where the two actions are merged into a single proceeding under one case number...
2022.09.08 Motion for Trial Preference 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.08
Excerpt: ...oth of the following findings: “(1) The party has a substantial interest in the action as a whole. “(2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” Code Civ. Proc. §36(f) provides that, “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond ...
2022.09.08 Motion for Terminating Sanctions 499
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.08
Excerpt: ...ode Civ. Proc., § 2023.030(d).) Code of Civil Procedure section 2023.010(g) defines the misuse of the discovery process to include “[d]isobeying a court order to provide discovery.” On April 7, 2022, Defendant's Motion to Compel Plaintiff to appear for a mental health examination was granted. (Declaration of Marc Lafer (“Lafer Decl.”), ¶ 2, Ex. A.) Plaintiff was ordered to appear for examination by Nathan Lavid, M.D., on April 29, 2022 ...
2022.09.08 Demurrers 185
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.08
Excerpt: ...t) against Burkhart and Canop Holdings, Seventh Cause of Action for Intentional Interference with Contract against all Defendants, Eighth Cause of Action for Intentional Interference with Contract against Burkhart, Canop Holdings, Rails, Luxx Lighting and Athena, Tenth Cause of Action for Aiding and Abetting against Luxx Lighting and Athena, and Eleventh Cause of Action for Intentional Interference with Contract against Luxx Lighting and Athena o...
2022.09.08 Demurrer 464
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.08
Excerpt: ...Civil Procedure section 430.41(a). However, a “determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc., § 430.41, subd. (a)(4).) Here, the court admonishes Defendant for failing to meet and confer. Notwithstanding the above, the court concludes that it is unlikely that a meet and confer will reduce the number of issues or eliminate the need for a d...
2022.09.01 Motion to Compel Submission of Matter to Judicial Reference 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.01
Excerpt: ...s to consider the Declaration of Wolfe Adefeso, which was untimely served and filed. Section 638 of the Code of Civil Procedure provides: “A referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any controversy arising therefrom shall be heard by a referee if the court finds a reference agreement exists...
2022.09.01 Motion to Compel Responses 052
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.01
Excerpt: ... an order for monetary sanctions in the amount of $1,930 against Plaintiff, Mark Chanove, for reasonable costs and fees associated with bringing this motion under Code of Civil Procedure sections 2030.290 and 2031.300. JAO contends that it served its Special Interrogatories, Set One and Requests for Production of Documents, Set One, on Plaintiff Mark Chanove (“Plaintiff”) on August 3, 2021, by electronic mail to his counsel of record; that re...
2022.09.01 Motion to Compel Deposition 252
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.01
Excerpt: ...'s requested hourly rate of $2,400 for deposition testimony is unreasonable given that this is a recent increase from $1,500, his historical rates, and market rates for similar experts, as well as Dr. Mobin's failure to provide the information required by Code of Civil Procedure section 2034.470. Defendant also contends that Defendant has attempted to meet and confer with Plaintiff's counsel and Dr. Mobin through Plaintiff's counsel, to reduce hi...
2022.09.01 Motion for Summary Adjudication 188
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.09.01
Excerpt: ... cross-complainant has met his or her burden of showing that 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 the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Th...
2022.08.25 Demurrer 738
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ...mitations. LPL contends that Plaintiff's claims for breach of fiduciary duty and financial elder abuse in connection with Plaintiff's investment in Northstar Healthcare REIT (“Northstar REIT”) are barred by the three-year statute of limitations under Code of Civil Procedure section 338, and four-year statute of limitations under Welfare & Institutions Code section 15657.7, respectively. LPL contends that allegations in the Complaint, the docu...
2022.08.25 Demurrer to SAC 126
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ...e objections to be raised in the demurrer.” Here, the Declaration of Defense Counsel, Edmond Menchavez establishes that he sent a meet and confer “correspondence” on 4/25/2022 (Decl. of Menchavez ¶2); and, attempted to call Plaintiff's counsel on the same date but was unable to reach Plaintiff's counsel. (Id. ¶3) Despite the meet and confer correspondence and leaving a message, Plaintiff's counsel has not responded to the meet and confer ...
2022.08.25 Motion for Summary Judgment 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ...consent, and election of remedies. Issue Three: Plaintiffs' 3rd CoA for an equitable lien against LONE OAK is barred by the equitable doctrines of laches, waiver, ratification, consent, and election of remedies. Issue Four: Plaintiffs' 4th CoA for an injunction against LONE OAK is barred by the equitable doctrines of laches, waiver, ratification, consent, and election of remedies. Request for Judicial Notice by LOAN OAK. LOAN OAK requests the Cou...
2022.08.25 Motion to Compel Arbitration 922
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ... there is a mandatory arbitration clause in the Retail Installment Sale Contract (“RISC”) concerning Plaintiff's purchase of a used 2013 Scion FR-S, VIN No. JF1ZNAA19D2726381 which the parties entered into on or about March 26, 2021 which encompasses the claims against Defendant in this action; that Plaintiff concurrently signed an Arbitration Addendum setting forth that an arbitration pursuant to the RISC shall be conducted by the AAA; that ...
2022.08.25 Motion to Compel Responses, to Deem RFAs Admitted 676
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.25
Excerpt: ... Form Interrogatories, Special Interrogatories, and Requests for Production Defendant moves for an order compelling responses, without objections, by Plaintiff Aaron Malaszewski (“Plaintiff”) to Defendant's Second Set of Form Interrogatories and Special Interrogatories, and awarding Defendant sanctions in the amount of $487.50 against Plaintiff. Defendant also moves for an order compelling responses, without objections by Plaintiff to Defenda...
2022.08.18 Motion to Strike 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ... court may, upon a motion or at any time in its discretion, and upon terms it deems proper, strike out “...any irrelevant, false, or improper matter inserted in any pleading” or “all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc. § 436(a)-(b); See Quiroz v. Seventh Ave. Ctr. (2006) 140 Cal.App.4th 1256, 1281.) Irrelevant matters include a...
2022.08.18 Motion to Strike 203
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ...roc., § 2031.310(a).) The motion must set forth specific facts showing good cause to justify the discovery sought and be accompanied by a declaration stating facts showing a “reasonable and good faith attempt” to resolve informally the issues presented by the motion before filing the motion. (Code Civ. Proc., §§ 2016.040, 2031.310(b)(1)(2).) The Court finds that Plaintiff satisfied the meet and confer requirement before filing this Motion....
2022.08.18 Motion to Compel Further Answers 341
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ... provided inadequate and insufficient responses to SPROG, Nos. 4 and 10 which seek relevant and essential facts to Plaintiff's claims of negligence; that Plaintiff failed to respond to Defendant's two meet and confer letters; that the motion is timely; and Plaintiff's failure to provide adequate or further responses is willful and without substantial justification such that Defendant requests that the Court order monetary sanctions in the amount ...
2022.08.18 Motion to Compel Deposition 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ...r Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored inf...
2022.08.18 Motion for Summary Judgment, Adjudication 234
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ...REEM cannot state a prima facie case, FEDEX had legitimate, non- discriminatory reasons for firing FREEM, and FREEM has no substantial evidence of evidence of pretext. Issue 2: Defendant FEDEX is entitled to summary adjudication on Plaintiff's 1st CoA for age discrimination because FREEM cannot state a prima facie case, FEDEX had legitimate, non- discriminatory reasons for not promoting FREEM to fleet manager, FREEM has no substantial evidence of...
2022.08.18 Application for Alternative Writ of Traditional Mandate and Adminstrative Mandate 678
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.18
Excerpt: ...their statutory duties under Government Code, section 8630, and/or Health & Safety Code, section 101080, to review local, County conditions to determine whether such conditions warrant terminating the local state of emergency and/or local health emergency (hereinafter collectively “Emergencies”) declared by Respondents on February 26, 2020, and to terminate the local state of emergency and/or local health emergency if such conditions warrant;...
2022.08.11 Motion to Strike 205
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ...the Subject Vehicle, i.e., 2016 Dodge Ram 1500, Vehicle Identification Number 1C6RR7KM2GS215407 purchased by Plaintiff (the “Subject Vehicle”) (RFP, Nos. 1 and 54); (2) Documents concerning the Defects in other 2016 Dodge Ram 1500 vehicles with the same Engine Defects, Powernet Defects and Transmission Defects as the Subject Vehicle including internal investigations, emails, and other ESI (RFP, Nos. 18, 19, 21, 22, 23, 24, 25, 28, 29, 33, 34,...
2022.08.11 Motion to Establish Admissions, to Compel Verified Responses 072
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ...t Green Sip Construction Inc. to form interrogatories, set no. 1; special interrogatories, set no. 1;, and inspection demands, set no. 1 (ROA 24). In addition, Plaintiff requests monetary sanctions. Preliminarily, the Court notes that Plaintiff has improperly combined multiple motions. Specifically, at issue are actually eight discovery motions, not four. Whether this was done to avoid paying the court filing fees or some other improper purpose, ...
2022.08.11 Motion for Summary Adjudication 333
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ..., LLC dba Decades Bar and Grill, LLC is liable to Plaintiff for breach of lease under Plaintiff's 1st cause of action; (2) Issue 2: There is no triable issue of material fact that Defendant Randy Carrillo is liable to Plaintiff for enforcement of guaranty under Plaintiff's 2nd cause of action; and (3) Issue 3: There is no triable issue of material fact that the Cross-Complaint is time barred. Plaintiff's Evidentiary Objection in Reply. The Court ...
2022.08.11 Motion for Protective Order 747
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ...fendant's policies and procedures for investigating injuries, taking photographs, reporting an incident, and retaining video of an injury incident; that the instant dispute involves a one-page document describing the internal protocol regarding the handling of injury incidents that was created by Defendant's general liability department; that this internal document is protected by the attorney-client privilege and attorney work-product privilege ...
2022.08.11 Demurrer to FAC 613
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.11
Excerpt: ...econd Cause of Action for False Imprisonment, and Third Cause of Action for Unauthorized Practice of Medicine fail to state facts sufficient to constitute a cause of action against Defendant. Late Filing of FAC Under Code of Civil Procedure section 436, the court may, upon a motion or at any time in its discretion, and upon terms it deems proper, strike out “all or any part of any pleading not drawn or filed in conformity with the laws of this ...

954 Results

Per page

Pages