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2022.06.16 Demurrer 381
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.16
Excerpt: ...tion for Loss of Consortium fail to state facts sufficient to constitute a cause of action and are uncertain. Second Cause of Action for Elder Abuse Defendants contend that Plaintiffs' allegations lack the required specificity to make a claim for fraud in support of the Elder Abuse Cause of Action, and do not allege how, when, where, to whom, and by what means any fraudulent misrepresentations were made. Defendants also contend that Plaintiff fai...
2022.06.09 Motion to Sustain Demurrer 930
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.09
Excerpt: ...f based upon a protected characteristic. Defendants contend that the Court previously sustained Defendants' demurrer to the Second Amended Complaint, with leave to amend as to the cause of action for Violation of the Ralph Civil Rights Act, but that the 3AC still fails to allege sufficient facts evidencing any act of violence or threat of violence, or that any alleged conduct by Defendants was motivated by racial animus, and that Plaintiff's subj...
2022.06.09 Motion for Writ of Attachment 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.09
Excerpt: ...ant personally, rather than counsel. The Court finds service to be proper. The Motion was served before Defendant appeared in this matter and the statute that requires service on counsel for represented parties expressly excludes writs. (Code Civ. Prco., § 1015.) The Court therefore finds service to be proper. Further, the Court finds that Defendant has suffered no prejudice, as it was able to file a timely Opposition on the merits of the Motion...
2022.06.02 Motion to Strike All Costs 412
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ... 1102.5 cause of action was inextricably tied to Plaintiff's Retaliation in Violation of FEHA cause of action, and at trial, Plaintiff dismissed his intentional and negligent infliction of emotional distress causes of action (“IIED” and “NIED”), as well as dismissed his wrongful demotion in violation of public policy cause of action before or at trial, and all of these causes of action were based on the same facts supporting his FEHA clai...
2022.06.02 Motion to Strike 714
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ...(FAC, p. 12, lines 8-9.) Meet and Confer Was Insufficient. C.C.P. section 435.5(a) states: “Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is...
2022.06.02 Motion to Compel Further Responses 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ...ode of Civil Procedure section 2030.300(b) and were unable to reach an informal agreement. The Court declines to consider all new points, arguments, and evidence presented for the first time on reply. (See Balboa Ins. Co. v. Aguirre (1983) 149 Cal.App.3d 1002, 1010; Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Therefore, the exhibits filed with Plaintiff's Reply will not be considered in the Court's ruling on this Motion. A party may ...
2022.06.02 Motion for Protective Order 515
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ...ue that Mr. Shaw is a percipient witness and the asserted privileges raised do not apply to these facts. Administrative Mandamus Discovery: In administrative mandamus proceedings, the standards for discovery differ from the routine case. The trial court must consider the administrative record. “Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly...
2022.06.02 Demurrer 363
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.06.02
Excerpt: ...cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against them. (Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) On this ground, the demurrer is OVERRULED. Fraud, Negligent Misrepresentation and Constructive Fraud The elements of fraud, which give rise to the tort action for deceit, are (1) misrepresentation (false representation, concealment or non-disclosure); (2) knowled...
2022.05.26 Motion for Judgment Notwithstanding Verdict 806
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.26
Excerpt: ... 162, 166. The principal grounds are set forth in Code Civ. Proc. §657. Preliminarily, although defendants list multiple grounds in their motion, they fail to specify which grounds their motion is based upon. In reviewing the arguments of defendants, it appears that defendants contend that an irregularity in the proceedings occurred (Code Civ. Proc. §657(1)); the verdict was supported by insufficient evidence (Code Civ. Proc. §657(6)); and the...
2022.05.26 Demurrer, Motion to Strike 507
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.26
Excerpt: ...' prayer for punitive damages, attorney's fees, and disgorgement of profits, as well as all allegations that Defendants contend relate to illegal, unenforceable, or retired contract provisions. As an initial matter, the Court notes that the parties met and conferred by telephone prior to the filing of this Demurrer and Motion to Strike, in compliance with the Code of Civil Procedure. Demurrer Information and Belief Defendants demur to the first, ...
2022.05.26 Demurrer 361
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.26
Excerpt: ...riting. Defendant also contends that Plaintiff fails to allege facts showing a meeting of the minds as to the amount to be paid by Defendant to the Plaintiff, and that eligibility for benefits under the Plan does not demonstrate an agreement implied in fact to pay a certain price. Plaintiff contends that California case law has recognized that allegations in complaint similar to the instant allegations by Plaintiff are sufficient to state a breac...
2022.05.19 Motion for Leave to File FAC 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...w, upon any terms as may be just, an amendment to any pleading. (Code of Civ. Proc., § 473(a)(1).) Additionally, “[a]ny judge, 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 a...
2022.05.19 Motion to Compel Further Responses 267
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...In their effort to seek collection and enforce the terms of the lease and guarantees, Plaintiff thereafter filed an Application for Right to Attach Order/Writ of Attachment. The matter was heard in this court on 10/28/21. The court's Minute Order dated 10/28/21 states in part, “The Court GRANTS Plaintiffs' applications seeking to attach $160,158.03 [original amount requested reduced by $200 (bond fee)] and orders Plaintiffs to post a bond of $1...
2022.05.19 Motion for Monetary Sanctions 406
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...ions must follow a two-step procedure. First, the offending party must be served with a motion for sanctions. This starts the 21-day “safe harbor” period during which the offending party may withdraw the improper pleading and thereby avoid sanctions. Here, the motion was personally served on Plaintiff on February 1, 2022. Thereafter, Plaintiff did not withdraw the Motion for Leave to Amend; and this motion was timely filed on February 25, 202...
2022.05.19 Motion to Strike or Tax Costs 133
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.19
Excerpt: ...eding. (Code of Civil Procedure Section 1032(b).)  Code of Civil Procedure Section 1033.5 sets forth the items that are allowable as costs.  Items not mentioned in section 1033.5 may be allowed or denied in the court's discretion.  Additionally, Code of Civil Procedure section 1033.5(c) states that allowable costs shall be reasonable in amount and “reasonably necessary to the conduct of the litigation rather than merely convenient or be...
2022.05.12 Motion to Set Aside Default 933
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.12
Excerpt: ... a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) Application for an order for relief “shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.) The party moving for relief has the burden to demonstrate “that due to some mis...
2022.05.12 Motion for Leave to Amend 406
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.12
Excerpt: ...arty 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. (CCP § 473(a)(1).) Additionally, any judge, 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...
2022.05.12 Motion for In Camera Review 926
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.12
Excerpt: ...”) including exhibits, and addressing the deficiencies raised by the Court's April 21, 2022 Minute Order, which provides that Certificates of Merit comply with, as well as lodged confidential documents. (Supplemental Johnson Declaration, ¶ 8.) The Court noted that the Certificates of Merit filed by Plaintiff's counsel, Thomas A. Cifarelli, and by a Mental Health Practitioner, Paul Larsen LMFT contain the declarations required by CCP § 340.1(g...
2022.05.05 Motion to Compel Further Responses 736
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.05
Excerpt: ...workers' compensation claim within the last seven (7) years. • No. 24: For each individual identified in Special Interrogatory No. 23, please provide the dates that they were employed by YOU. • No. 25: For each individual identified in Special Interrogatory No. 23, please describe if they were terminated, resigned, or continue to be employed by YOU. • No. 29: IDENTIFY any and all individual(s) that YOU terminated or forced to resign within ...
2022.05.05 Motion to Compel Arbitration 304
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.05
Excerpt: ...ction against Defendants L'Inc D'Aline Corporation (“LDC”) and S&S Fuel, Inc. (“S&S”) for (1) judicial foreclosure, (2) specific performance, (3) appointment of receiver, (4) imposition of constructive trust, (5) accounting, (6) injunctive relief, and (7) breach of written contract. The Complaint alleges LDC executed a promissory note (Complaint, Exh. 1) in the amount of $1 million secured by a deed of trust (Complaint, Exh. 2) on propert...
2022.05.05 Motion for Summary Judgment, Adjudication 288
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.05
Excerpt: ...f and her ex-husband as to how to divide the $5,000,000. Plaintiff and her ex-husband agreed to participate in an arbitration hearing with the retired judge who assisted in the settlement of the underlying case. In the arbitration hearing to divide up the settlement funds, Plaintiff was represented by separate counsel and Plaintiff's ex-husband was represented by Defendants. Plaintiff contends now that it was improper for Defendants to have repre...
2022.05.05 Motion for Issue, Evidentiary, Terminating, and Monetary Sanctions 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.05
Excerpt: ...d and to deem LOAN OAK's requests for admission admitted; (2) evidentiary sanctions to preclude Z-WANG from asserting any affirmative defense to LOAN OAK's Cross-Complaint; (3) terminating sanctions by dismissing Z-WANG's complaint against it, striking Z-WANG's Answer to LOAN OAK's Cross-Complaint, and entering default against Z-WANG; and (4) monetary sanctions of $12,865.60 against Z-WANG to compensate LOAN OAK for the attorneys' fees and costs ...
2022.05.05 Demurrer, Motion to Strike 781
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.05.05
Excerpt: ...ports to name a trust as a party to the FAC; and b. Exhibit “F” of the FAC. (ROA 86) Initially, pursuant to CCP§430.41(a), before filing a demurrer the demurring party shall meet and confer in person or by telephone with the party who filed the pleading. An in person or telephonic meet and confer is also required prior to filing a motion to strike. (CCP§435.5(a)) Here, on 3/9/2022, this Court ordered the parties to “meet and confer prior ...
2022.04.28 Motion to Permit Filing of SAC 235
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.28
Excerpt: ...nd that leave to file the proposed SAC should be granted as they are not adding additional causes of action but are adding allegations to recoup the damages incurred as a result of the removal of drainage systems, as well as allegations relating to Defendants' continued trespassing, which would be adjudicated during Phase 2 of the trial. Plaintiffs allege that the proposed amendments relate to conduct and damages that occurred after Phase 1 of th...
2022.04.28 Motion to Compel Further Responses 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.28
Excerpt: ... from Defendant, Erik Matsuno (“Defendant”) to Plaintiff's Special Interrogatories, Set One, (“SPROG”) Nos. 1 to 70, and awarding monetary sanctions in the amount of $2,242.50 against Defendant and his counsel of record, Niral Patel. Plaintiff contends that Defendant's responses to the SPROG are deficient and evasive; that the objection that SPROG, Nos. 1, 10, 11, 12, and 13, are unintelligible due to the definition of “INCIDENT” is w...

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