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2021.12.09 Motion for Relief from Entry of Default
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ... into hospice care. She returned to the property as her health improved, but her mental state deteriorated. Plaintiffs allege Defendant moved Candaleria Singh out of the house and kept her in a hotel, and Defendant gave her drugs and alcohol. In February 2019, Defendant quitclaimed her interest in the property to himself. Candaleria Singh had no recollection of transferring title. Plaintiffs filed a proof of service of summons on 6/11/21 (ROA 27)...
2021.12.09 Demurrer
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ...Decl., ¶3.) Fraudulent Conveyance: “Under the UFTA, ‘a transfer of assets made by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer, if the debtor made the transfer (1) with an actual intent to hinder, delay or defraud any creditor, or (2) without receiving reasonably equivalent value in return, and either (a) was engaged in or about to engage in a business or transaction for which the d...
2021.12.09 Motion for Attorney Fees
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.09
Excerpt: ...n to strike shall be entitled to recover his or her attorney's fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” Under this provision, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.  (...
2021.12.02 Motion to Quash Service of Summons, Complaint 995
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.02
Excerpt: ...efendant has such minimum contacts with the state that the assertion of jurisdiction does not violate traditional notions of fair play and substantial justice. The concept of minimum contacts ... requires states to observe certain territorial limits on their sovereignty. It ensure[s] that the States, through their courts, do not reach out beyond the limits imposed on them by their status as coequal sovereigns in a federal system. To do so, the mi...
2021.12.02 Motion for Summary Judgment, Adjudication 395
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.12.02
Excerpt: ...ement are indefinite and unknown. ISSUE 2 – Regarding Plaintiff's First Cause of Action for Specific Performance. Plaintiff is not entitled to specific performance against the Estate for ownership of the Lilac Property because she never fully performed on the written agreement. ISSUE 3 – Regarding Plaintiff's Fourth Cause of Action for Specific Performance. Plaintiff is not entitled to specific performance against the Estate for ownership of ...
2021.11.18 Motion to Strike Punitive Damages 048
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ... allege facts of defendant's oppression, fraud, or malice. (CC § 3294(a).) “Malice” is defined as conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (CC § 3294(c)(1).) “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious dis...
2021.11.18 Motion to Quash Service of Summons, Strike Complaint 802
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...ate that it certified or declared as true “under the laws of the State of California”, as required by code. (See CCP § 2015.5.)” As such, the court continued the motions “to allow Plaintiff to file proof of proper service of the opposition and to allow Defendant to cure his failure to fully comply with CCP § 2015.5.” The court is in receipt of a proof of service filed by Plaintiff (ROA 38), indicating overnight mail service of the opp...
2021.11.18 Motion to Provide Binding Declaration or Rights and Duties Re Putative Agreement to Arbitrate 252
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: .... Plaintiffs contend that Code of Civil Procedure §§ 1060, 1061, 1062.3, 1281, and 1281.2 authorize the Court to make a binding declaration of the parties' respective rights and duties concerning an arbitration agreement (the “Agreement”). Plaintiffs contend that a controversy in the interpretation and enforceability of the Agreement has arisen which requires the Court to make a binding declaration of the parties' respective rights and duti...
2021.11.18 Motion to Deem Truth of All Matters Admitted 885
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...r admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.23...
2021.11.18 Motion for Sanctions 064
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...§ 2030.290(c) and 2031.300(c), which relate to a party's failure to respond to interrogatories and inspection demands, respectively, nowhere in Plaintiff's memorandum of points and authorities does Plaintiff mention or discuss such statutes or the applicability of the same to the facts here. In any case, it appears that Plaintiff argues that sanctions are necessary because: (1) Defendant failed to conduct a noticed deposition, (2) Defendant viol...
2021.11.18 Motion for Entry of Assignment Order 235
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...ginal amount of $440,204.10, but that Judgment Debtors have not satisfied any portion of the judgment, such that the current amount owing on the judgment, with post-judgment interest and recoverable costs, is $525,420.44 (the “Judgment Balance”). Judgment Creditor contends that Code of Civil Procedure § 708.510 authorizes the Court to enter an assignment order directing a judgment debtor to assign to a judgment creditor all or part of a righ...
2021.11.18 Demurrer 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.18
Excerpt: ...FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs further claim that the insurance broker, WEIS, was negligent in failing to obtain proper insurance. On 9/23/21, this Court overruled FFIC's demurrer to the FAC. FFIC answered on 10/8/21. WEIS filed this demurrer on 8/20/21. To state a claim for negligent failure to obtain insurance coverage, the p...
2021.11.04 Motion for Entry of Charging Order 235
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...ors”) have not satisfied the judgment entered by this Court in favor of Judgment Creditor, and that Judgment Debtors have membership interests in Nino Land & Investment Co., LLC. No opposition has been filed. Judgment Creditor brings this motion pursuant to Code of Civil Procedure sections 708.310 and 708.513, and Corporations Code section 17705.03. Code of Civil Procedure (“CCP”) § 708.310 states, in relevant part, “If a money judgment ...
2021.11.04 Demurrer 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs further claim that the insurance broker, WEIS, was negligent in failing to obtain proper insurance. On 9/23/21, this Court overruled FFIC's demurrer to the FAC. FFIC answered on 10/8/21. WEIS filed this demurrer on 8/20/21. To state a claim for negligent failure to obtain insurance coverage, the p...
2021.11.04 Demurrer 980
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...amages and attorney fees and costs relating to the fifth cause of action. Plaintiff filed a complaint on 3/19/21 against Defendants Dr. Amy Bandy and Amy T. Bandy, Medical Corporation. On 7/15/21, this Court granted Plaintiff leave to amend the Complaint to allege punitive damages. The operative pleading is the FAC, which alleges Professional Negligence, Intentional Infliction of Emotional Distress, Intentional Misrepresentation, Fraudulent Conce...
2021.11.04 Motion to Sustain Demurrer 201
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...ppears to be referencing the Memorandum of Points and Authorities in Support of Petitioner's Ex-Parte Petition for Temporary or Permanent Administrative Mandamus and Complaint for Relief that was filed on July 1, 2021. (ROA 6.) On 7/14/21, the Court, having considered the arguments and evidence, both written and oral, of all parties, denied Petitioner's Ex Parte Petition for Temporary or Permanent Administrative Mandamus (“Ex Parte Petition”)...
2021.11.04 Motion for Preliminary Injunction 733
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...the property owned, possessed, and/or otherwise controlled by Plaintiffs -- Parcel No.: 09831305, Lot No.: 120, Tract Nox 2524, with the physical address of 9122 Washington Avenue, Westminster, California 92683 (“Subject Property”); (2) interfering with, disturbing, violating, and/or engaging in any other act, omission, and/or conduct that directly and/or indirectly causes harm, injury, and/or damage to Plaintiffs' quiet use and enjoyment of ...
2021.11.04 Motion to Expunge Lis Pendens 781
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ... may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.” Defendant argues that the notice of pendency of action should be expunged because of (1) Plaintiff's failure to comply w...
2021.11.04 Motion to Strike or Tax Costs 916
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.11.04
Excerpt: ...es o $1,5101.10 in deposition costs o $175.47 in service of process fees o $13,725.00 in expert witness fees; • The requested $19,825.00 in expert witness fees; • The $235.00 for filing and motion fees. Verification Cal. Rules of Ct., 3.1700(a)(1) requires that the memorandum of costs be verified. Plaintiff argues that the instant memorandum of costs is not verified. However, on 8/30/21, the court granted Defendant's Ex Parte Application For ...
2021.10.28 Motion to Stay, for New Trial 297
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.28
Excerpt: ...33.) Here, as an initial matter, the Court entered Judgment in this matter on 8/12/21. (ROA 432.) The Notice of Entry of Judgment was filed and served by electronic service on 8/24/21. (ROA 442.) On 9/7/21, Cross-Complainant and Defendants Majid Adassi, Happy Kids Nutrition, Inc., and Wijdan Adassi, as successor-in-interest to the estate of Shaheer Adassi filed a Notice of Intention to File Motion for New Trial. (ROA 448, 450.) The Court notes th...
2021.10.28 Motion for Right to Attach Order and Writ of Attachment 267
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.28
Excerpt: ...21 against Defendants MJA Restaurants, Inc. (“MJA”), 4G Wireless, Inc. (“4G”), James M. Burcar, and Does 1 through 20 for: 1. Breach of Written Contract; 2. Common Counts; and 3. Enforcement of Guaranty Plaintiffs leased property to Defendant MJA with Defendants 4G and Burcar signing as guarantors. Plaintiffs claim MJA failed to pay rent beginning in August 2019. A plaintiff may, upon the filing of the complaint or at any time thereafter,...
2021.10.28 Demurrer 540
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.28
Excerpt: ...0 is GRANTED, pursuant to Evidence Code section 452(d). First Cause of Action (“COA”) – Breach of Contract Defendant contends that the SAVC is ambiguous because the allegations make it unclear if Plaintiff is the titled owner or if Plaintiff is not on title and holds only a beneficial and equitable interest. No opposition was filed. Thus, Plaintiff effectively concedes all arguments made in the motion. The failure to challenge a contention ...
2021.10.28 Demurrer 246
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.28
Excerpt: ...�) filed by Plaintiffs LZ Costa Mesa LLC, Wave Plastic Surgery Center Inc., and LZ Management Group LLC (“Plaintiffs”). Ninth Cause of Action for Unfair Business Practices State Farm contends that the FAC fails to allege sufficient facts showing that Plaintiffs have standing as they fail to allege any real monetary or property loss with sufficient particularity, as well as fails to plead this cause of action with sufficient particularity, onl...
2021.10.20 Petition for Writ of Mandate 499
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ...1. Following the Court's sustaining of Respondent's demurrer for uncertainty, Petitioner filed the operative pleading, which is the FAP. Respondent sufficiently met and conferred with Petitioner regarding the issues in the demurrer and motion to strike as required under Code of Civil Procedure sections 430.41 and 435.5. DEMURRER: Government Code section 31721 (all further statutory references are to the Government Code unless otherwise stated) pr...
2021.10.20 Motion to be Discharged and Dismissed from Action 095
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ... Clerk of the Court; (3) Cross- Defendants, and each of them, and their respective attorneys, be restrained from instituting or further prosecuting any other proceeding in any court in California for recovery against the bond; and (4) ACIC be permitted to dismiss itself from the cross-complaint without prejudice.” (Ex Parte App. 2:3-10.) In short, ACIC moves to be discharged and dismissed from this action, and for an award of costs and attorney...

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