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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 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...
2021.10.28 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 ...
2021.10.20 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...
2021.10.20 Motion for Summary Judgment 010
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ... action for Motor Vehicle Negligence is without merit as a matter of law as PACIFIC is a business entity and did not operate any of the vehicles involved in the subject incident; and (2) Issue 2: Plaintiffs' 2nd cause of action for General Negligence is without merit as a matter of law as Plaintiffs' cannot establish that (i) PACIFIC owed Plaintiff CHAYA a duty of care on the date of the incident, (ii) PACIFIC breached any purported duty of care ...
2021.10.20 Motion for Camera Review of Certificates of Merit 926
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.20
Excerpt: ... Court's review, in camera, the Certificates of Merit wherein Plaintiff complied with CCP § 340.1(g), as he submitted certificates of merit from his attorney and from a mental health practitioner who meets the requirements of the statute, and Plaintiff complied with CCP § 340.1(h), as Plaintiff's attorney executed a separate certificate of merit for each defendant named in the complaint. (ROA 37.) As to Plaintiff's motion, pursuant to CCP § 34...
2021.10.14 Motion to Set Aside Default 064
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
Excerpt: ...de any void judgment or order.” Defendant argues that default is void and should be set aside because the court did not have personal jurisdiction over Defendant or its predecessor-in-interest, FRMB, Inc. (“FRMB”) at the time of service, due to a defective service of process. Service on a corporation is governed by CCP § 416.10, which states, in part, as follows: “A summons may be served on a corporation by delivering a copy of the summo...
2021.10.14 Motion for Terminating, Evidentiary, or Issue Sanctions, for Monetary Sanctions 933
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
Excerpt: ...rrogatories, special interrogatories and requests for production, and deeming the first sets of requests for admissions admitted were granted. Defendants were ordered to serve their verified responses without objections before 01/09/20. Monetary Sanctions were ordered suspended until 01/09/20. If verified responses were not provided before 01/09/20, Defendant(s) were ordered to pay the entire amount of $2,120 to Plaintiffs and their attorneys. (S...
2021.10.14 Motion for Summary Judgment 316
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
Excerpt: ...nst them as Plaintiffs have no evidence that Individual Defendants breached any duty of care owed to Plaintiffs, and that Plaintiffs cannot demonstrate that Individual Defendants were negligent in the operation of Pacheco's vehicle based upon Requests for Admissions, Set One, propounded by Pacheco against Plaintiffs, that were deemed admitted. As of October 7, 2021, Plaintiffs, Maricar Regis, Philip H. Dorantes, The Duc Nguyen, Vu Phi Khac, and A...
2021.10.14 Motion for Attorney Fees 450
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
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.  (...
2021.10.14 Demurrer 869
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.14
Excerpt: ...ntiffs' counsel via e- mail on or about July 20, 2021, seeking to meet and confer on the First Amended Complaint; that they received an e-mail from Plaintiffs' counsel that did not resolve the issues in the demurrer; and that “[i]t is [counsel's] understanding that, as to the demurrer on the claims in the First Amended Complaint, the parties remain in disagreement.” (Declaration of Anthony Cartee, ¶¶ 2-4.) This is insufficient to establish ...
2021.10.07 Motion for Camera Reviews of Certificates of Merit 926
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ...rtificates of merit shall be executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows, setting forth the facts which support the declaration: “1. That the attorney has reviewed the facts of the case, consulted with at least one mental health practitioner who the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in t...
2021.10.07 Demurrer 080
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ... reports and orders of administrative agencies.”]) Demurrer Initially, the court notes that the requirements of CCP § 430.41 have not been satisfied, as Defendants have not submitted a declaration stating that meet and confer efforts occurred in person or by telephone. Nonetheless, rather than take the demurrer off calendar, the court, in its discretion, will rule as follows. Defendants' demurrer is based on the grounds that Plaintiff failed t...
2021.10.07 Motion for Summary Judgment, Adjudication 316
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ...tiffs' vicarious liability claims are barred by the Graves Amendment pursuant to 49 U.S.C. § 30106(a); (2) EAN had no duty to provide warnings beyond those required by the National Highway Traffic Safety Administration and the vehicle's manufacturer; and (3) EAN did not proximately cause Plaintiffs' injuries. Procedural Deficiencies in Plaintiffs' Separate Statement in Opposition “The opposition papers shall include a separate statement that r...
2021.10.07 Motion for Judgment on the Pleadings 877
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ...t must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage.” (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248.) The specificity requirement...
2021.10.07 Motion for Summary Judgment, Adjudication 057
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.10.07
Excerpt: ... and 10th causes of action alleged and on the issue of punitive damages as follows:  Issue No. 1: Plaintiff cannot maintain a claim against Defendants in his first cause of action for discrimination in violation of the Fair Employment and Housing Act (“FEHA”) because Plaintiff cannot establish a prima facie case of disability discrimination because Plaintiff cannot establish that he suffered from a disability.  Issue No. 2: Plaintiff ca...
2021.09.30 Motion to Compel Further Responses 003
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.30
Excerpt: ...t and conferred regarding the issues raised by the motions. FORM INTERROGATORIES Defendant claims that Plaintiff provided responses “in a strange draft format without identifying the case or responding party, without signature by an attorney despite containing objections, and also in an electronic only Word document.” Defendant requests that responses be provided with an attorney signature and via hard copy or PDF to prevent unintended modifi...
2021.09.30 Motion for Judgment on the Pleadings 815
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.30
Excerpt: ...bit A to the Declaration of Daniel R. Paluch. The Court GRANTS judicial notice of Exhibit A pursuant to Evidence Code section 452(c). The Court takes judicial notice of the existence of these documents and their legal effect. but the court does not take judicial notice of the truth of the matters which might be deduced therefrom. (See, Ragland v. U.S. Bank Nat. Assn. (2012) 209 Cal.App.4th 182, 194.) Merits. Defendant YGRENE contends Plaintiff's ...
2021.09.30 Motion for Determination of Good Faith Settlement 823
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.30
Excerpt: ...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 found liable after a trial • the allocation of settlement proceeds among plaintiffs • the settlor's financial condition and insurance policy limits, if any • evidence of any collusion, fraud, or tortious conduct between the settlo...
2021.09.23 Motion to Dismiss Causes of Action in Complain for Improper Venue 349
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.23
Excerpt: ...lows: “The proper venue for any proceeding at law or in equity shall be Maricopa County, Arizona. The parties hereto hereby waive any right to object to venue in Maricopa County, Arizona.” Plaintiff argues that Paragraph 18 is unenforceable under Labor Code § 925, which states, in relevant part, as follows: “(a) An employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree t...
2021.09.23 Motion for Summary Judgment 316
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.23
Excerpt: ... Action for Products Liability-Negligent Failure to Warn; Sixth Cause of Action for Breach of Implied Warranty of Merchantability for a Particular Purpose; Seventh Cause of Action for Breach of Warranty; and Ninth Cause of Action for Breach of Contract. Plaintiffs' Late Opposing Papers All opposition papers to a motion for summary adjudication must be served on the moving party and filed with the court at least 14 days before the date set for hea...
2021.09.23 Demurrer 889
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.23
Excerpt: ...ntiffs claim that FFIC improperly denied coverage related to business loss resulting from the COVID-19 pandemic and governmental orders shuttering businesses. Plaintiffs claim the insurance broker, Bizlinks, was negligent in failing to obtain proper insurance. The FAC states that the “novel coronavirus is mainly spread through airborne droplets containing the SARS-CoV-2 virus that … physically alter and damage the air, including the air withi...
2021.09.23 Application for Right to Attach Order 711
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.23
Excerpt: ... levying officer “property in defendant's possession.” (Application 1.d.(1).) Such property consists of “tangible personal property in the debtor's control or possession, which includes chattel paper, instruments, negotiable documents and certain types of securities.” (Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1108-1109.) Upon filing of the complaint, or at any time thereafter, a plaintiff may apply fo...
2021.09.16 Motion to Strike 650
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ...ormerly known as California Creationz, Inc. Notwithstanding Plaintiff's failure to comply with the meet and confer requirements under Code of Civil Procedures sections 435.5 (motion to strike) and 439 (motion for judgment on the pleadings), the merits are discussed below. Plaintiff argues that California Creationz, Inc. was suspended, its name was taken by a third party, and now a California corporation under certificate number C4710227. Plaintif...

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