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2022.02.10 Motion for Trial Preference 209
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...… “(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. “(e) Notwithstanding any other provision of la...
2022.02.10 Demurrer 711
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...996) 12 Cal.4th 631, 638.) Under CCP § 338(d), the statute of limitations for a cause of action for fraud is three years. The cause of action is not deemed accrued “until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.” (CCP § 338(d); (Kline v. Rutner (2001) 87 Cal.App.4th 1369, 1373.) Section 338(d) effectively codifies the delayed discovery rule in connection with actions for fraud. (Britton v. Girar...
2022.02.10 Demurrer 644
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.10
Excerpt: ...as specifically directed at Plaintiff with an intent to harm, and that Plaintiff's allegations do not constitute conduct that is so outrageous and shocks the conscience to impart liability under an IIED theory. Huntington Gardens also contends that leave to amend should be denied as amendment would be futile. Plaintiff contends that the demurrer does not specify the code section under which Huntington Gardens makes it demurrers, that the IIED cau...
2022.02.03 Motions to Compel Responses 952
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.03
Excerpt: ...nts, without objection, and to produce all responsive documents in his possession of under his control. Plaintiff seeks monetary sanctions in the amount of $1600 against Defendant and his attorneys of record herein, Timothy Joens and Matthew Joens. (ROA 42) Initially, it should be noted that service herein was defective. The motions were served by electronic delivery on 10/11/2021, but the email addresses of the parties appearing herein were not ...
2022.02.03 Motion to Compel Further Responses 157
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.03
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:...
2022.02.03 Motion for Summary Judgment 672
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.03
Excerpt: ...ntiffs named therein. The elements of a medical malpractice cause of action are: (1) duty of professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between negligent conduct and resulting injury; and (4) actual loss or damage resulting from professional's negligence. (Avivi v. Centro Medico Urgente Med. Ctr. (2008) 159 C...
2022.02.03 Demurrer, Motion to Strike 930
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.03
Excerpt: ...Privacy; Plaintiff alleges the following: he was riding a motorized skateboard in the City when he was stopped by Officer Ecsedy and cited for riding the skateboard in the area. After, Plaintiff walked to an area with a crowd of about 300 people on the block in their 20s and 30s. City Police officers arrived at the area. Officers Ecsedy and Vidana told Plaintiff to leave the city. He stated he would not leave without his friend. He called his fri...
2022.02.02 Motion for Terminating Sanctions 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.02.02
Excerpt: ...4.35 against Plaintiffs for the costs incurred when Z-WANG failed to appear for his noticed depositions and for the attorney fees incurred in filing this Motion. LOAN OAK seeks terminating sanctions pursuant, inter alia, to Code of Civil Procedure Sections 2023.010, 2023.030, and 2025.450. C.C.P. section 2023.010(g) defines the misuse of discovery process to include “[d]isobeying a court order to provide discovery.” C.C.P. section 2023.030(a)...
2022.01.27 Motion to Compel Further Responses 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.27
Excerpt: ...ing monetary sanctions in the amount of $4,642.50 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 without merit; that the objections to SPROG, Nos. 2 to 9, and 35 to 70 that they have been previously propounded and that continuous di...
2022.01.27 Motion for Summary Judgment, Adjudication 157
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.27
Excerpt: ...or breach of contract, fraud, and products liability, or its claim for punitive damages as to World. The court combines the discussion of both motions to make the ruling more manageable. A. Background Brief Factual Background The plaintiff alleges that World entered into a contract with Fueling to convert 50 fleet vehicles from gasoline to compressed natural gas (“CNG”) power and to provide warranty coverage on emission and control systems in...
2022.01.27 Demurrer 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.27
Excerpt: ...gations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated. Thus, absent those limited cases where a breach of a consensual contract term is not claimed or alleged, the only justification for asserting a separate cause of ...
2022.01.20 Motion for Summary Judgment 020
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.20
Excerpt: ... Plaintiff. (See SSUMF 1.) 1st COA for Medical Negligence The elements of a medical negligence cause of action are: 1. Duty of professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; 2. A breach of that duty; 3. A proximate causal connection between negligent conduct and resulting injury; and 4. Actual loss or damage resulting from professional's negligence.   (Avivi v. C...
2022.01.20 Motion to Compel Further Responses 252
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.20
Excerpt: ...ses to Form Interrogatory, Nos. 12.1 is evasive and incomplete, as the response to No. 12.1 identifies 191 allegedly percipient witnesses and does not truly respond to the call of the request, that Plaintiff is entitled to the contact information of percipient witnesses, and that the boilerplate objections are without merit. Defendant, Southern California Specialty Care, LLC dba Kindred Hospital Santa Ana (“Kindred Hospital”) contends that it...
2022.01.20 Motion to Compel Further Responses 135
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.20
Excerpt: ...her responses as to Nos. 1-33, 36, 39-61. Meet and Confer A motion to compel further responses to requests for admission must include a meet and confer declaration pursuant to CCP § 2016.040. (CCP § 2033.290(b)(1).) A declaration pursuant to CCP § 2016.040 must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” Here, Plaintiff files the declaration of her counsel, Harm...
2022.01.20 Motion to Compel Responses 352
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.20
Excerpt: ...n. Motions: Per the declarations of Corey Taylor, counsel for Defendant, in support of the motions, Plaintiffs failed to timely respond to discovery requests. Responses were due on 6/11/21. Attorney Taylor sent opposing counsel a letter on 8/20/21 stating he would file a motion if responses were not received by 8/23/21. There was no response to that letter. These motions were filed on 9/22/21. Plaintiffs filed an untimely omnibus opposition (file...
2022.01.13 Motion to Sustain Demurrer 922
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.13
Excerpt: ... claims contractual damages which is not permitted for the tort of negligent misrepresentation and is recoverable through Plaintiff's bad faith claim rendering the cause of action deficient, redundant and improper. Plaintiff Mindi Miller (“Plaintiff”) contends that additional facts have been added to support the element of justifiable reliance, that justifiable reliance is a question of fact, and that the negligent misrepresentation claim aga...
2022.01.13 Motion to Compel Further Responses 703
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.13
Excerpt: ...ponding party permits. “(b) Each answer shall: “(1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. “(2) Deny so much of the matter involved in the request as is untrue. “(3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. �...
2022.01.13 Motion to Compel Further Responses 135
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.13
Excerpt: ... compel further responses to interrogatories or inspection demands must include a meet and confer declaration pursuant to CCP § 2016.040. (CCP §§ 2030.300(b)(1), 2031.310(b)(2).) A declaration pursuant to CCP § 2016.040 must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” Here, Plaintiff files a separate declaration of her counsel, Harmony Alves, in support of each...
2022.01.13 Demurrer 317
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2022.01.13
Excerpt: ...etween…Plaintiff and Defendant, and/or each of them,” and that a copy of the agreement is attached as Exhibit A. Exhibit A appears to consist of two documents: (1) an apparent invoice dated 02/04/2021 from “Drinkwater Investment Group LLC” billed to “Boss Consulting”, and (2) an email message. Although the complaint alleges the existence of an agreement (comprised of the order and invoice), the cause of action is still uncertain and/o...
2021.12.16 Motion to Compel Deposition, for Protective Order 795
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...iled two motions in a single moving document, with only one reservation, and only one filing fee paid. The court orders Defendants to pay the additional filing fee within 5 days. 1. Motion to Compel CCP § 2025.480(a) states: “(a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpo...
2021.12.16 Motion for Summary Adjudication 428
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...defaulted on two business loans and that Defendant is obligated to pay on the remaining outstanding balance on the loans such that Plaintiff is entitled to summary adjudication on the First and Third Causes of action in this collection action. The motion is unopposed. A plaintiff 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 ju...
2021.12.16 Motion for Leave to File FAC 943
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...ed as Exhibit A to the Complaint. “Schedule A” attached to the note shows interest totaling $29,811.55. The Complaint states Defendant made the first two payments, albeit late, but failed to make the last and final payment which was due on 9/30/20. The Court overruled Defendant's demurrer on 4/22/21. Defendant answered on 5/28/21. Proof of Service: There was no proof of service filed or attached to the motion. There was also no opposition. Pl...
2021.12.16 Demurrer 079
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.16
Excerpt: ...pertinent part, as follows: “Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically provided in Sections 3602, 3706, and 4558, shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment and for the death of any employee if the injury proximately causes...
2021.12.09 Motion to Compel Further Deposition, for Monetary Sanctions
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ...dy Property”. Defendants' Notice of Motion. Defendants' Notice of Motion, the caption and the body of the Notice, states that Defendants are seeking to compel Plaintiff's further deposition to answer questions pertaining to Plaintiff's Trust and the sale and resulting proceeds of Plaintiff's property known as the “Kennedy Property”. (See Notice of Motion caption and body of Notice.) Defendants' Motion, however, discusses Plaintiff's failure...
2021.12.09 Motion to Compel Arbitration and Stay Proceedings
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ...laims that are the subject of this action dated November 14, 2019 (the “Agreement”); that all Defendants named in the Complaint are included and covered by the Arbitration Agreement; that Plaintiff refuses to arbitrate the claims; and that all requirements of Code of Civil Procedure section 1281.2 are satisfied. Plaintiff contends that the Agreement is unenforceable because it is procedurally unconscionable as an adhesion contract because it ...

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