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 425,25
Array
(
)
2022.04.28 Motion to Compel Arbitration, to Stay Proceedings 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.28
Excerpt: ... 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 necessary to its defense. [Citation.] In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other doc...
2022.04.28 Demurrer to FAC 782
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.28
Excerpt: ...Attorney's Fees, and Unfair Competition. Defendant argues that the FAC fails to allege facts sufficient to constitute any of these causes of action against it. Defendant also moves to strike Plaintiffs' prayer for punitive damages and attorney's fees, on the ground that they are unsupported by Plaintiffs' allegations, as well as Exhibits 2 and 4 of the FAC. DEMURRER First Cause of Action for Breach of Contract Defendant argues the Breach of Contr...
2022.04.21 Motion to Quash Subpoena for Production of Employment Records 747
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.21
Excerpt: ... served may, prior to the date for production, bring a motion under Code of Civil Procedure Section 1987.1 to quash or modify the subpoena duces tecum.” CCP §1987.1 empowers this Court to "make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon such terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protec...
2022.04.21 Motion to Issue Sanction Deeming All Liability and Causation Issues Determined in Favor of Plaintiff 730
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.21
Excerpt: ...n precluding Defendant from contesting liability by way of the affirmative defenses of comparative fault or assumption of risk; and/or (4) an order for monetary sanctions against Defendant and/or their attorneys of record Law Office of Anthony T. Schneider in the sum of $5,664.95. Plaintiff contends that the incident occurred on June 2, 2018, and that on June 4, 2018, Plaintiff's counsel sent a preservation of evidence letter via registered certi...
2022.04.21 Motion to Compel Physical Exam 136
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.21
Excerpt: ... with Dr. Scott Forman, M.D., on October 29, 2021. Pursuant to Code Civ. Proc. §2032.220(a), “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff.” However, if a defendant seeks more than one physical examination of Plaintiff, Defendant “shall obtain leave of court.” [Code Civ. Proc. §2032.310(a).] Code Civ. Proc. §2032.240(a) provides, “If a p...
2022.04.21 Motion to Compel Arbitration 608
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.21
Excerpt: ...out January 13, 2016, he entered into a warranty contract with FCA regarding the vehicle. (Compl., ¶ 10.) Plaintiff dismissed Elk Grove from this action on April 11, 2022, without prejudice. Request for Judicial Notice Plaintiff requests judicial notice of the Ninth Circuit's opinion in Ngo v. BMW of N. Am., LLC (9th Cir. 2022) 23 F.4th 942 (Exhibit A), seven California federal court orders denying motions to compel arbitration (Exhibits B, C, D...
2022.04.21 Motion for Summary Adjudication 374
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.21
Excerpt: ...os. 1-3. The Court overrules and disregards all objections asserted by Defendants in their Response to the Separate Statement. The Separate Statement is not evidence. Any objections to evidence must comply with California Rules of Court, Rule 3.1354(b). Plaintiffs' Objections to Defendants' Evidence in Support of the Opposition. The Court OVERRULES Plaintiffs' evidentiary objection Nos. 1-4 to the Declaration of Myles Sachs. The Court OVERRULES P...
2022.04.21 Motion for In Camera Review of Certificates of Merit 926
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.21
Excerpt: ...contends that the Court may review in camera Plaintiff's Certificates of Merit which comply with the requirements set forth in CCP § 340.1(f)-(i) and requests that the Court find that there is a reasonable and meritorious cause for the filing of this action against DOE 3. Plaintiff also contends that the Court should grant Plaintiff's request for an in camera review of Plaintiff's Application to Amend Complaint and Certificate of Corroborative F...
2022.04.14 Demurrer 678
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ...claration”), ¶ 2.) Thereafter, on 11/5/21, Petitioner filed an amended pleading entitled “Verified Petition for Writs of Traditional and Administrative Mandate and Request for Immediate Stay.” (ROA 20; Dunn Declaration, ¶ 8.) Then, on 12/13/21, Petitioner filed an amended petition entitled, “First Amended Verified Petition for Writs of Traditional and Administrative Mandate; Temporary Restraining Order; Injunctive Relief; Damages” whi...
2022.04.14 Demurrer 782
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ...argue that the FAC fails to allege facts sufficient to constitute any of these causes of action against them. Third Cause of Action for Fraudulent Concealment The Barnes Defendants argue that Plaintiffs' Fraudulent Concealment cause of action fails because Plaintiffs have failed to allege every element of a Fraudulent Concealment claim. They argue that the FAC fails to allege intentional concealment, knowledge by the Barnes Defendants, materialit...
2022.04.14 Demurrer 908
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ...tal Partners, LLC (2007) 158 Cal.App.4th 226, 244). Additionally, “[t]he allegation of a fiduciary relationship must be supported by either a contract, or a relationship that imposes it as a matter of law.” (Berryman v. Merit Property Management, Inc. (2007) 152 Cal.App.4th 1544, 1558). Relevant to this claim, Plaintiff alleges he entered into a business partnership with Defendant in 2014, wherein each became 50% partners in two entities: New...
2022.04.14 Demurrer 980
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ...leave to amend the Complaint to allege punitive damages. On 11/4/21, this Court sustained the demurrer to the First Amended Complaint with leave to amend. The operative pleading is the SAC, filed on 11/24/21, which alleges: 1. Professional Negligence, 2. Intentional Infliction of Emotional Distress, 3. Intentional Misrepresentation, and 4. Fraudulent Concealment. No future events are currently scheduled. Meet and Confer: Despite numerous attempts...
2022.04.14 Motion for Determination of Good Faith Settlement 072
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ... been made in good faith and that any future complaints or cross-complaints against DEVRE, PICKFORD, COLDWELL BANKER, and TOBIN are forever barred pursuant to C.C.P. section 877.6(c). Defendants Edward Knight (“KNIGHT”) and Edward Knight & Associates, Inc. (“EDWARD KNIGHT INC.”) (collectively “KNIGHT DS”) filed this Motion contesting DEVRE and PICKFORD's application for determination of good faith settlement. A plaintiff may settle wi...
2022.04.14 Motion for Summary Judgment, Adjudication 672
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ...k Matsushige, with Darin W. Barber, in his capacity as Executor of the Estate of Kirk Matsushige, deceased. (See ROA 114.) As such, this motion is directed to the First Amended Complaint and all Plaintiffs named therein. Dr. Pham contends that there is no triable issue of material fact as to the following issues: (1) the medical care and treatment rendered by Dr. Pham to patient, Debbie Matsushige (the “patient” or “Ms. Matsushige”), comp...
2022.04.14 Motion to Enforce Right of Inspection 149
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.14
Excerpt: ...s pursuant to Corporations Code sections 1601(a) and 1602, and made proper shareholder and director inspection demands to Plaintiff/Cross-Defendant Jae Pak, M.D. (“Pak”), the only other shareholder and director of NHI, on November 29, 2021; December 3, 2021; and December 8, 2021, but that Pak refused these demands. Rassman also contends that Pak's reliance on Tritek Telecom, Inc. v. Sup. Ct. (2009) 169 Cal.App.4th 1385 is misplaced as it does...
2022.04.07 Motion to Strike 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: ... allege sufficient facts to support punitive damages that Horizons acted with malice, intent to oppress, fraud, or despicable conduct, and that specific facts must be pleaded but the Complaint provides only conclusory statements which give rise to nothing more than mere negligence, such that the claim for punitive damages should be stricken. Plaintiffs contend that the Complaint makes sufficient factual allegations for malicious and oppressive co...
2022.04.07 Motion to Set Aside or Vacate Entry of Default 245
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: ...otion to be relieved from deemed admissions pursuant to CCP § 2033.300(b); 4. Allow Megarit on his own behalf and all other Defendants' behalf to set aside/vacate pursuant to CCP § 473(d), the Court's September 9, 2020 Order (ROA 255) denying Defendants' Motion to Set Aside/Vacate the Court's February 6, 2020 Order (ROA 209), Striking Defendants' Answer filed April 19, 2018 (ROA 49), and deem such Answer timely (re)filed, or alternatively, perm...
2022.04.07 Motion to Compel Mental Exam 499
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: ...ides that “[a] meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” Counsel for Defendant sent Plaintiff's counsel a September 23, 2021 letter asking whether Plaintiff would stipulate to a mental health examination. (Declaration of Marc Lafer, ¶ 4.) Counsel for Plaintiff did not respond. (Id., ¶ 5.) The Court finds t...
2022.04.07 Motion to Compel Further Responses, for Monetary Sanctions 149
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: ...FP, Nos. 112-155; that Pak failed to respond separately to each request in violation of Code of Civil Procedure section 2031.210(a) by providing general, boilerplate objections; failed to identify with particularity any document, tangible thing, or electronically stored information falling within any category of items therein, in violation of Code of Civil Procedure section 2031.240(b); that Pak failed to provide sufficient factual information fo...
2022.04.07 Motion to Compel Further Responses 059
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: ...information within the proper scope of discovery. In Opposition, Defendant contends that a verification was not required because her response to Form Interrogatory No. 15.1 contained only objections and contends that her objections are not boilerplate as each of her asserted objections were explained and not baldly stated. Whether a Verification Was Required? C.C.P. section 2030.250(a) states in pertinent part as follows: “The party to whom the...
2022.04.07 Motion for Summary Judgment 113
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: .... Defendant IRVINE's Evidentiary Objections to Plaintiff's Evidence in Support of the Opposition. The Court OVERRULES all objections to the Declaration of Denis LeBreton. The Court SUSTAINS Defendant's objections to Exhibits L, N, O, T, and U based on lack of foundation only. All other objections to Plaintiff's exhibits are OVERRULED. Motion. This action arises from the death of Plaintiff's father, Jerry Corcoran (“Decedent”), who was attacke...
2022.04.07 Demurrer 362
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.04.07
Excerpt: ...rer, but the parties never met and conferred in person or by telephone. On this ground alone, the Court could overrule the demurrer or continue it to require the parties to meet and confer. Second, the Court notes that Plaintiff failed to properly serve his Opposition pursuant to Code of Civil Procedure section 1005(c). The Court will exercise its discretion to consider the Opposition because Defendants were able to file their Reply timely and it...
2022.03.24 Motion to Bifurcate 314
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.24
Excerpt: ...with Phase 1 to be a bench trial on question of law concerning the meaning, existence, and enforceability of the implied covenant of good faith and fair dealing in the property management agreement upon which Plaintiff/Cross-Defendant, Vertical Media Group, Inc. (“Plaintiff/Cross-Defendant” or “VMG”) sues, and whether VMG has standing sue for a contract to which it is not a party, as well as, whether the implied covenant of good faith pre...
2022.03.24 Demurrer 544
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.24
Excerpt: ...s contend that Plaintiffs have combined all named defendants into the definition of “Defendant” in the FAC, without specifying which of the named defendants allegedly engaged in misconduct, such that the FAC is vague and uncertain. Plaintiffs do not address this point in opposition. Code of Civil Procedure section 430.10(f) provides that a defendant may demur on the ground that the pleading is uncertain. “As used in this subdivision, ‘unc...
2022.03.17 Motion to Compel Further Responses 157
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ... the statement of compliance with the demand is incomplete; (2) a representation of inability to comply is inadequate, incomplete, or evasive; and (3) an objection in the response is without merit or is too general. A motion filed pursuant to C.C.P. section 2031.310 requires the motion “set forth specific facts showing good cause justifying the discovery sought by the demand.” There are only two document demands at issue. Request No. 3 seeks:...

954 Results

Per page

Pages