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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...
2022.04.07 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...
2022.03.24 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:...
2022.03.17 Motion to Amend Pleading, to Compel Further Responses 406
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...o 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 pretr...
2022.03.17 Motion for Summary Judgment 317
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...ication as to 48 issues and the First Cause of Action for Negligence [Issue Nos. 27 to 40]; Second Cause of Action for Violation of California Business & Professions Code § 17200, et seq. [Issue Nos. 41 to 46]; Third Cause of Action for Public Disclosure of private Facts [Issue No. 26]; Fourth Cause of Action for Breach of Contract [Issue Nos. 2 to 4]; Fifth Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing [Issue...
2022.03.17 Motion for Leave to File FAC 149
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...working on a stipulation. Rassman contends that the proposed First Amended Cross-Complaint (“FACC”) removes the Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress causes of action and adds additional causes of action for: Financial Elder Abuse (Cal. Welfare & Institutions Code, §15610.30); Disability Discrimination in Violation of FEHA (Gov. Code, § 12940, subd. (a)); Age Discrimination in Violation ...
2022.03.17 Motion for Judgment on the Pleadings 613
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...tiff had a medical exemption letter from a doctor and Defendant told Plaintiff to stand outside until the other customers left; after the other customers left, Defendant left Plaintiff standing outside until Plaintiff asked why and re-entered the store; Defendant took the letter, read it, and argued with Plaintiff, stating Plaintiff can wear a face shield; Defendant intentionally restrained and harassed Plaintiff without legal authority. A defend...
2022.03.17 Motion for Attorney Fees 047
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...h of the following occur: “(1) The defendant obtains a summary judgment, judgment under CCP section 631.8 (motion for judgment in court trial), directed verdict, or nonsuit in an action for indemnity or contribution or in a proceeding under the California Tort Claims Act; and “(2) The court, on motion, finds that the plaintiff did not bring the action in good faith and with reasonable cause.” (See C.C.P. section 1038(a).) Section 1038 “re...
2022.03.17 Demurrer 094
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.17
Excerpt: ...at this is not a wrongful termination claim based on public policy but rather, based on contract. It is well settled that a cause of action is not defined by the label plaintiff puts on it. Instead, the validity of a cause of action is determined by an examination of the allegations themselves, and a determination of whether those facts state any cause of action at all. (Barquis v. Merchants Collection Assn. (1972) 7 Cal.3d 94.) In fact, in evalu...
2022.03.10 Motion for Determination of Good Faith Settlement 407
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...2/11/21. Solis filed this motion on 11/10/21. Trial is set for 4/11/22. Whether a settlement is within the “good faith ballpark” is to be evaluated on the basis of information available at the time of settlement under the following factors: • the amount paid in settlement • a rough approximation of plaintiff's total recovery and the settlor's proportionate liability • a recognition that the settlor should pay less in settlement than if ...
2022.03.10 Demurrer 398
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...n the basis the claim cannot be asserted outside an insurance context. As explained by the California Supreme Court in Foley, “[e]very contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement.” (Id. at p. 683). “Because the covenant is a contract term, however, compensation for its breach has almost always been limited to contract rather than tort remedies.” (Id. at p. 684). “As a con...
2022.03.10 Demurrer to FAC 232
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ... complaint and that Plaintiff fails to plead facts sufficient to state a cause of action for Violation of the Unruh Civil Rights Act (the “Unruh Act”), Civil Code section 51 et seq. under the first ground for a predicate violation of the American with Disabilities Act, 42 U.S.C. § 12181, et seq. (the “ADA”); or under the second ground for an alleged intentional discrimination against disabled persons in the provision of facilities and se...
2022.03.10 Motion to Appoint Receiver 932
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...980.7, subdivision (c), among other orders in support thereof, and requiring reimbursement in this action. The City contends that the Property owned by Defendant, Anna Makkouk (“Defendant”) has had on-going nuisance conditions since 2004, and most recently from 2018 to 2021, including unsafe structures, trash, debris, improper ventilation, inadequate heating, inadequate plumbing fixtures, inadequate lighting and ventilation, inadequate room a...
2022.03.10 Motion for Leave to Amend Complaint 498
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...emonstrate that he possesses a legally sufficient claim which is ‘substantiated,' that is, supported by competent, admissible evidence.” (Ibid.). “[T]he court must deny the section 425.13(a) motion where the facts asserted in the proposed amended complaint are legally insufficient to support a punitive damages claim.” (Ibid.). “The court also must deny the motion where the evidence provided in the ‘supporting and opposing affidavits' ...
2022.03.10 Motion for Summary Judgment 933
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...to set forth any of his qualifications, education, or experience. “To determine that a witness qualifies as an expert the judge must ascertain ‘if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.' (Evid. Code, § 720, subd. (a).)” (Miller v. Los Angeles Cty. Flood Control Dist. (1973) 8 Cal. 3d 689, 701.) Mr. Harris states he is a “roo...
2022.03.10 Motion to Quash Service of Summons and Complaint 007
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.10
Excerpt: ...aser against Defendants Carmax Auto Superstores California, LLC (“Carmax”) and Ford Motor Company (“Ford”). The operative pleading is the First Amended Complaint (“FAC), which was filed on 8/4/21, and alleges: 1. Violation of the Consumers Legal Remedies Act (injunction); 2. Breach of Contract; 3. Intentional Misrepresentation; 4. Negligent Misrepresentation; 5. Breach of the Implied Warranty of Merchantability; 6. Breach of the Express...
2022.03.03 Motions for Summary Judgment 672
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ...laintiff, Kirk 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. Matsush...
2022.03.03 Motion to Transfer Action 873
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ... LLC (the “Company') there, and the Company's principal place of business is in Bakersfield in Kern County. He also contends that there is no statutory exception to authorize the filing of the lawsuit in Orange County, and that the Complaint does not allege that any event or wrongful conduct occurred in Orange County. Brown additionally contends that Plaintiffs' counsel should be ordered to pay Brown the reasonable expenses and attorney's fees ...
2022.03.03 Demurrer, Motion to Strike 126
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ...Plaintiff's fraud by omission claim is barred by the economic loss rule and is insufficiently pled. Whether Plaintiff's Claims are Time Barred? Defendant contends all of Plaintiff's claims are time-barred by their respective statute of limitations. The three-year statute of limitations applies to Plaintiff's claim for violation of Civil Code section 1793.2. (C.C.P. section 338(a) [“Within three years: (a) An action upon a liability created by s...
2022.03.03 Demurrer 333
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ...ave notice of the Court's ruling on September 22, 2021 by email; and thus, the FACC should have been filed by October 14, 2021—20 days plus 2 extra days since service was by email. Cross-Complainants did not oppose the Demurrer. In any event, CENTER is correct that the Court sustained its demurrer with 20-days leave to amend. The matter was set to be heard on September 23, 2021 and the Court's Minute Order on the matter was issued on September ...
2022.03.03 Demurrer 185
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.03.03
Excerpt: ...rth, and Sixth through Fourteenth Causes of Action of the SAC fail to state facts sufficient to constitute a cause of action such that the demurrer should be sustained and these causes of action dismissed. Plaintiff contends that the causes of action at issue are sufficiently pled, and that the demurrer should be overruled but that if it is sustained, it should be with leave to amend. Initially, the Declaration of Joshua Bornstein, counsel for De...
2022.02.24 Motion to Strike Allegations and Prayer for Punitive Damages 823
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.24
Excerpt: ...mages. In addition, Plaintiff also includes facts and exhibits that are outside of the operative complaint and judicial notice has not been requested. Accordingly, this evidence is not considered by the Court. Pursuant to Civil Code § 3294(a), a plaintiff may seek punitive damages for “oppression, fraud, or malice.” Civil Code § 3294(c) defines “malice” as conduct which is intended to cause injury or despicable conduct carried on with a...
2022.02.24 Motion to Set Aside Dismissal 187
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.24
Excerpt: ...Settled Case hearing, Plaintiffs' counsel stated that attorney fees still needed to be resolved. The Court continued the OSC to 9/30/21, noting the 9/4/21 dismissal date. The Court ordered Plaintiff to give notice. On 9/30/21, no dismissal having been filed, the Court ordered the entire action dismissed without prejudice and ordered the Clerk to give notice. No parties had appeared. Then on 11/4/21, Plaintiffs filed the subject Motions to Set Asi...

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