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 375,25
Array
(
)
2022.08.04 Motion to Strike or Tax Costs 806
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ...ould strike all of the $6,955.20 sought for “Models, enlargements and photocopies of exhibits” or alternatively tax $4,600 in costs for “slide presentations” and $1,330 of the $1,575.20 for trial exhibits. Defendants also argue that the Court should tax $960.25 sought for filing and motion fees because this total is wrong as the items listed in Plaintiff's worksheet total $691.75, not $960.25, and that $691.75 should be taxed because Plai...
2022.08.04 Motion to Strike Allegations and Prayer Relating to Punitive Damages 776
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ...in the matter being taken off-calendar. “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by plaintiff. [Citations.] In passing on the correctness of a ruling on a motion to strike, judges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth. [Citations.] In ruling on a motion to s...
2022.08.04 Motion to Compel Compliance with Deposition Subpoena 587
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ... is seeking to compel B&S' compliance with the Subpoena (which sought four category of documents, see Exh. E to Kearney Decl.), the Motion admits that B&S complied with the Subpoena and already produced responsive documents. Rather than seeking compliance with the Subpoena, Defendants seek an order compelling B&S to produce documents identified in its privilege log (252 documents) on the grounds the documents are not protected by the attorney-cli...
2022.08.04 Motion for Summary Judgment 204
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ...use Plaintiff cannot prove that ICON had notice of the alleged dangerous condition. ISSUE NO. 2: ICON is entitled to summary adjudication in its favor on Plaintiff's first cause of action for negligence and second causes of action for premises liability because the alleged dangerous condition was open and obvious. ISSUE NO. 3: ICON is entitled to summary adjudication in its favor as a matter of law that Plaintiff's non-delegable duty argument doe...
2022.08.04 Motion for Attorney Fees 734
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ... awarded Plaintiff attorney's fees and costs in the amount of $43,139.24 incurred in opposing Ellis' anti-SLAPP motion and bringing Plaintiff's prior motion for attorney's fees. (ROA 294.) Ellis appealed the denial of his anti-SLAPP motion and this Court's award of attorney's fees, both of which were affirmed. (See ROAs 359, 398.) Plaintiff now seeks an award of fees and costs incurred in opposing: (1) Ellis' appeal of the anti-SLAPP motion; (2) ...
2022.08.04 Demurrer, Motion to Strike 823
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.08.04
Excerpt: ...ections 22658(a)(2) and 22658(e)(1). I. DEMURRER Defendant brings its Demurrer pursuant to (1) Code of Civil Procedure section 430.10(e) on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action against Defendant and (2) Code of Civil Procedure section 430.10(f) on the grounds that the complaint is uncertain. Conversion “Conversion is the wrongful exercise of dominion over the property of another. ...
2022.07.28 Motion to Quash or Limit Deposition Subpoena 064
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.28
Excerpt: ... and 2, which seek all documents pertaining to Defendants Burns and Savient, respectively, from 12/1/15 to 12/31/20. Defendants object to these requests as they are overbroad and invasive of the rights to privacy, and not reasonably calculated to lead to the discovery of admissible evidence. Defendants contend that the action involves a dispute concerning a single real estate transaction, and sole individual, and in no way encompasses every banki...
2022.07.28 Motion for Attorney Fees 806
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.28
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. Service of Papers As a threshold matter, the Court notes that the applicable proofs of service indicate that the moving and reply papers were served by U.S. mail and fax. (ROA 400, 414.) Service by fax is permitted only where the parties have agreed to this method of service and a written confirmation to that effect i...
2022.07.28 Motion for Attorney Fees 482
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.28
Excerpt: ...evails 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.” It is Plaintiffs' burden of proof to show the fees they incurred and that thos...
2022.07.21 Demurrer 211
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...” under the Elder Abuse and Dependent Adult Civil Protection Act (“EADACPA”) and as defined in Welfare & Institutions Code (“WIC”) section 15610.23 as he does not reside in California under subdivision (a) of Section 15310.23 as “residence” means “domicile” and that the FAC is a “sham” pleading. The AKUA Defendants also contend that Plaintiff is not a “dependent adult” under WIC section 15310.23(b) as AKUA is not a 24-ho...
2022.07.21 Motion for Determination of Good Faith Settlement 346
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ... to do so. However, at pg.4:4-8 of the motion, Cross-Defendant Long states, “LONG therefore moves for a determination by this Court that the settlement between LONG and Plaintiff was in good faith, and dismissing HARKENSS' cross-complaint against LONG pursuant to Code of Civil Procedure section 877.6.” Therefore, through this statement the Court has enough information to deduce the pleadings and parties affected by the settlement. Code Civ. P...
2022.07.21 Motion to Compel Arbitration and Stay All Proceedings 661
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...se that is the subject of this AGREEMEN [sic], as well as in the event of any dispute, motion, action, or disagreement arising out of or relating to the terms and conditions of this AGREEMENT or performance thereof, such as: attorney fees, small court, court, arbitration etc'. Any dispute between Salesperson and Company arising under this Agreement will be submitted to binding arbitration in accordance with the rules of the American Arbitration A...
2022.07.21 Motion to Compel Further Responses 956
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...eficient as HMA asserted only meritless, boilerplate objections which are not code-compliant. Plaintiff contends that she attempted to meet and confer and sent meet and confer letters, that Defendant represented that it would respond to the meet and confer letter, but that Defendant never provided supplemental responses or additional documents. Plaintiff also contends that the requests seek documents that are highly relevant to her Song-Beverly A...
2022.07.21 Motion to Compel IME 308
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...on (“IME”) is necessary in order to evaluate the nature and extent of Plaintiff's claimed orthopedic injuries. Kadowaki contends that there is good cause for having Plaintiff come to California for the IME from his residence in Alabama, that Kadowaki offered to pay and is willing to pay for reasonable travel costs, and that the costs to conduct the IME in Alabama would be astronomical, and that Kadowaki would be prejudiced or would be deprive...
2022.07.21 Motion to Quash Deposition Subpoena for Production of Business Records 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...s why production should not be compelled. (See Calif. Rules of Court, Rule 3.1345(a)(5).) A court may, in its discretion, deny a discovery motion for failure to comply with the separate statement requirement. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) Here, Plaintiff failed to file a separate statement as required. As such, the court has discretion to deny the Motion or to continue the hearing on the Motion to allow for the filing of a...
2022.07.21 Motion to Quash Service of Summons 878
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.21
Excerpt: ...o file, the Court finds Defendant has not suffered any prejudice and will exercise its discretion to consider the Opposition. On October 25, 2021, Plaintiff filed a Proof of Service of Summons on Defendant, indicating that service had been made by personal service at 252 Lincoln Road, Brooklyn, New York (the “Brooklyn Address”). (ROA 14.) Default was entered against Defendant on December 15, 2021. (ROA 19.) Judgment for Plaintiff was entered ...
2022.07.14 Motion to Strike 810
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.14
Excerpt: ...ct pursuant to Code of Civil Procedure section 425.16. Oversized Memorandums California Rules of Court, rule 3.1113(d) provides that no opening or responding memorandum may exceed 15 pages, and that no reply or closing memorandum may exceed 10 pages. “The page limit does not include the caption page, the notice of motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.” (Californi...
2022.07.14 Motion to Compel Compliance with Requests for Production 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.14
Excerpt: ...ose documents without a justifiable basis, and imposing monetary sanctions in the amount of $1,998.00. Code of Civil Procedure Section 2031.320 states that if a party filing a response to a demand for inspection fails to permit the inspection in accordance with that party's statement of compliance, the propounding party may move for an order compelling compliance. (Code Civ. Proc., § 2031.320(a).) This Section also states that “the court shall...
2022.07.14 Motion for Summary Judgment 538
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.14
Excerpt: ... Defendant BOBICH's surgical removal of “a lesion in his lower left throat” which Plaintiff alleges was performed without his informed consent and which resulted in profuse and continued bleeding after he was sent home. (Id.) As to Defendant Dr. HELTON, Plaintiff alleges he was negligent because, inter alia, he failed to determine that Plaintiff was on two blood thinning medications prior to the surgery and should not have allowed any surgery...
2022.07.14 Demurrer 613
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.14
Excerpt: ...Second 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. Failure to Oppose the Demurrer Initially, all papers opposing a motion “shall be filed with the court and a copy served on each party at least nine court days . . . before the hearing.” (Code Civ. Proc. § 1005(b).) The failure to oppose a demurrer may ...
2022.07.07 Motion to Compel Further Responses 478
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.07
Excerpt: ...Plaintiff also argues that Lovett's employment file is highly relevant to the claim of negligence against Lovett and the Defendant Capistrano Unified School District (the “District”). Plaintiff asserts that the employment file would likely contain information regarding Lovett's prior notice concerning Plaintiff's doctor note and/or prior misconduct, and could likely demonstrate a history of inappropriate behavior such that production of it wi...
2022.07.07 Motion for Summary Judgment 248
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.07.07
Excerpt: ...he Court reminds counsel to comply with all applicable statutes and rules and any future failure to do so may result in the motion being taken off calendar or denied, if appropriate. A separate statement in opposition to a motion for summary judgment must indicate if the opposing party disputes each material fact and, if so, include a reference to the supporting evidence. (Code Civ. Proc., § 437c(b)(3); California Rules of Court, Rule 3.1350(f)(...
2022.06.16 Motion to Compel IME 199
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.16
Excerpt: ...occur on March 23, 2022, in Scottsdale, Arizona, based on Plaintiff's attorney representation that Plaintiff would not travel to California for the examination; that Plaintiff served a “response and objection” stating plaintiff would appear but would not sign any forms presented by the doctor including a “consent” form; that Defense counsel attempted to meet and confer to have Plaintiff undergo the examination just before trial in Califor...
2022.06.16 Motion for Terminating Sanctions or Issue and Evidentiary Sanctions, for Monetary Sanctions 919
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.16
Excerpt: ...”.) CCP § 2023.010 states, in part, as follows: “Misuses of the discovery process include, but are not limited to, the following: . . [¶] (d) Failing to respond or submit to an authorized method of discovery. . . . [¶] (g) Disobeying a court order to provide discovery.” CCP § 2023.030 provides, in part, as follows: “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, ...
2022.06.16 Motion for Leave to File FAC 736
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.16
Excerpt: ...s. Plaintiff also provides that upon reviewing Defendant's March 17, 2022 responses to discovery, the termination of an alleged at-will employee was in fact the wrongful termination of an employee under a contract of implied good faith not to terminate without good cause. Defendant Environments for Learning, Inc. v. DBA Montessori on the Lake (“Defendant”) argues that there is an unwarranted delay in seeking leave to amend as Plaintiff's coun...

954 Results

Per page

Pages