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2021.09.16 Motion to Compel Further Responses 877
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ... tracking the prevalence of the TIPM (Totally Integrated Power Module), Engine, and Transmission Defects plaguing Plaintiffs' vehicle, establishing that FCA previously knew of said defects but nevertheless refused to repurchase the vehicle. Plaintiffs claim the responses consist of pure, boilerplate objections and utterly non- responsive statements and that FCA has failed to provide any e-mails and other electronically stored information or searc...
2021.09.16 Motion to Compel Deposition 839
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ...20; February 22, 2021; and March 16, 2021, without substantial justification despite Lone Oak's efforts to meet and confer in good faith; that Z-Wang cancelled the agreed-upon depositions for February 22, 2021 and March 16, 2021, at the last minute, and that Z-Wang's high blood pressure is an insufficient excuse to avoid deposition as he is in possession of information important to the issues in the lawsuit. Lone Oak also contends that monetary s...
2021.09.16 Motion for Summary Judgment 115
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ...he dangerous condition; and (4) the entity either created the condition, or had actual notice or constructive notice of its existence, and there was sufficient time before the injury for it to have taken remedial action.” (People ex rel. Dep't of Transportation v. Superior Ct. (1992) 5 Cal.App.4th 1480, 1484–1485 [citing Gov. Code § 835; Dominguez v. Solano Irrigation Dist. (1991) 228 Cal.App.3d 1098, 1102].) The City first argues that the s...
2021.09.16 Demurrer 232
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.16
Excerpt: ...ction 51 et seq. under either of two grounds asserted: (1) a predicate violation of the American with Disabilities Act, 42 U.S.C. § 12181, et seq. (the “ADA”); and (2) an alleged intentional discrimination against disabled persons in the provision of facilities and services. As to the first ground, Defendant contends that the Complaint fails to allege any “nexus” between the alleged barriers encountered on the Website and the alleged con...
2021.09.09 Motion to Strike 785
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ... and improper matters inserted in Plaintiff's First Amended Complaint, and failing to comply with prior court ruling. • Paragraph 8, lines 25 to 26 “(which is evidence of pre-determination that she was going to be terminated/placed on the re-employment list)” as irrelevant, false, and improper matters inserted in Plaintiff's First Amended Complaint, and failing to comply with prior court ruling. The District's Request for Judicial Notice Th...
2021.09.09 Motion to Impose Issue, Evidentiary, or Terminating Sanctions, Monetary Sanction 731
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ... provides, in part, as follows: “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process: (a) The court may impose a monetary sanction ordering that one engaging in the ...
2021.09.09 Motion to Compel Arbitration 853
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ...ent West, LLC (which shows it's status is “suspended”) pursuant to Evidence Code section 452(c). The Court GRANTS Plaintiff's request for judicial notice of Exhibits 2 through 10 (A-1's Articles of Incorporation, A-1's Statement of Information, and MARIETTA'S Certificate of Organization, and Annual Registrations for MARIETTA for 2016-2021 only for the existence of these documents and their legal effect. but the court does not take judicial no...
2021.09.09 Motion for Entry of Judgment on the Pleadings 987
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ...tion, are barred by the two-year statute of limitations for breach of contract, and are uncertain, vague, and ambiguous. Defendants also contend that the second cause of action for Fraud is not pled with the requisite specificity as it fails to allege the specific representations made by Defendants to Plaintiff, whether they were made orally or in writing, and where they were made, as well as fails to allege any facts showing that Plaintiff relie...
2021.09.09 Motion for Determination of Good Faith Settlement 957
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ...Application was filed on June 29, 2021 and served by certified mail, return receipt requested. (See Application, Campo Decl., ¶¶ 6 and 7, Exh. A.) The Clerk of the Court filed and served notice that a Motion for Determination of Good Faith Settlement has been set for 9/9/21. (See ROA 58.) Defendant, Cross-Complainant, and Cross-Defendant Yuna Joo (“JOO”) filed her Opposition to the Application on August 26, 2021. JOO contends that her Oppos...
2021.09.09 Demurrers 711
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: ...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. Girardi (2015) 235 Cal.App.4th 721, 733-734.) “The courts interpret discovery in thi...
2021.09.09 Demurrer 185
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.09.09
Excerpt: .... The FAC alleges that AmGUARD improperly denied coverage under its “all-risk” policy for alleged lost business income caused by the pandemic and related orders. The FAC alleges the following causes of action: 1. Breach of the implied covenant of good faith and fair dealing (against AmGUARD) 2. Breach of contract (against AmGUARD) 3. Negligence (against Western) The policies providing coverage from 3/30/19 to 3/30/20 and 3/30/20 to 3/30/21 ar...
2021.07.15 Motion for Leave to File FAC 980
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.15
Excerpt: ...tion 17200. Plaintiff dismissed the third cause of action for negligent infliction of emotional distress on 5/25/21. No future events are currently scheduled. The Complaint seeks punitive damages, which Plaintiff acknowledges is improper. She now seeks leave of court to file an amended FAC to claim punitive damages against a medical professional. The motion must be supported by affidavits stating facts sufficient to support a finding that there i...
2021.07.13 Motion to Compel Further Responses 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.13
Excerpt: ...ntend that Plaintiff's responses to Form Interrogatories, Set One (“FROG”), Nos. 9.2 and 17.1 relating to Requests for Admission (“RFA”) Nos. 1-3, 8-21, 73-86, 93-96, 98, and 103-104 are incomplete, evasive, and severely deficient. Specifically, they contend that responses to FROG No. 9.2 and FROG 17.1(d) relating to RFA Nos. 1-3, 8- 21, 73-86, 93-96, and 103-104 improperly refer the Ghaneian Defendants to almost 17,000 pages of documents...
2021.07.08 Motion to Continue Trial 395
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.08
Excerpt: ...deposition of the three parties and of third-party witness Kimberly Nordstrom have not yet occurred and a dispute concerning scheduling of the depositions exists; and (3) the parties are faced with a discovery cut-off date of July 8, 2021 and a motion cut-off date of July 23, 2021 in light of the August 9, 2021 trial date. In Opposition, Plaintiff contends there is no good cause for a continuance of the trial date because all four depositions hav...
2021.07.08 Motion for Summary Judgment, Adjudication 904
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.08
Excerpt: ...sed in Plaintiff's Complaint. Plaintiff filed a verified complaint on 11/15/16 against Defendants relating to a residential foreclosure. Plaintiff alleges the following causes of action: 1. Breach of loan modification; 2. Breach of the implied covenant of good faith and fair dealing; 3. Violation of Civil Code section 2923.6; 4. Violation of Civil Code section 2923.7; 5. Violation of Civil Code section 2924.10; 6. Negligence; and 7. Unfair Busine...
2021.07.08 Motion for Relief from Entries of Default 508
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.08
Excerpt: ...uiz Declaration filed as of the date of the hearing on this Motion. Initially, proofs of services herein were filed on May 7, 2020 indicating the summons, complaint, and statement of damages were served on Defendants United States Karate Organization, Inc. and Joseph Anthony Pagliuso, Jr. [See ROAs, 8, 9] The filing of a proof of service creates a rebuttable presumption that the service was proper. [Floveyor Internat., Ltd. v. Superior Court (199...
2021.07.08 Demurrer 922
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.08
Excerpt: ...m for negligent misrepresentation as the Complaint fails to allege a misrepresentation and does not set forth facts demonstrating reasonable reliance or proximate causation of harm. Gates further contends that Plaintiff claims contractual damages which is recoverable through the other causes of action such that the cause of action is deficient, redundant and improper. Plaintiff Mindi Miller (“Plaintiff”) contends that the negligent misreprese...
2021.07.01 Motion to Compel Arbitration 173
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.01
Excerpt: ... Defendant, by signing an arbitration agreement on February 11, 2019 (the “Agreement”), which encompasses all of Plaintiff's claims in this lawsuit. Defendant also contends that the Federal Arbitration Act (“FAA”) governs the Agreement and that both the FAA and California law require arbitration of Plaintiff's claims as the Agreement is enforceable, and that neither the narrow carve out permitting Defendant to file an action in court for ...
2021.07.01 Motion for Summary Judgment, Adjudication 092
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.07.01
Excerpt: ...f in a Kaiser Permanente parking lot causing her severe harm. The motion seeks summary judgment, or alternatively, summary adjudication as to the following issues: 1. The cause of action for negligence has no merit because Bourgoyne acted outside the scope of his employment, and therefore, respondeat superior is not applicable. 2. The cause of action for negligent hiring, supervision, and/or retention of employee has no merit because there is no ...
2021.06.24 Motion to Strike 408
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.24
Excerpt: ... 1990s. In March 2020, he suffered disabilities and medical issues. Defendant knew of his issues since he had suffered other workplace injuries since mid-2017. Defendant stated it was laying him off in March 2020 because of the alleged slowdown caused by the pandemic. He was permanently terminated in September 2020. There was no slowdown and Defendant remained busy. The pandemic was a pretext to lay him off. When he was laid off, he was the secon...
2021.06.24 Motion to Quash Deposition Subpoena for Production of Business Records 246
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.24
Excerpt: ... pursuant to Code of Civil Procedure sections 1987.2 and 2023.010. Pursuant to C.C.P. §1987.1(a), upon motion by a party to an action, a Court “may make an order quashing [a] subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court shall declare, including protective orders.” Additionally, “the court may make any other order as may be appropriate to protect the person from unreasonable o...
2021.06.24 Motion to Compel Deposition, Production of Docs 899
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.24
Excerpt: ...otion brought under this provision shall: (1) “set forth specific facts showing good cause justifying the production for inspection of any document…described in the deposition notice;” and (2) “be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition …by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” Per CCP �...
2021.06.17 Motion to Conduct Pre-Trial Discovery of Financial Condition 768
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.17
Excerpt: ...ivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. Such order shall not be considered to be a determination on the merits of the claim or any defense thereto and shall not be given in evidence or referred to at the trial.” As cited by Defendant, in Jabro v. S...
2021.06.17 Motion for Entry of Judgment 616
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.17
Excerpt: ... within the time granted him by the Court pursuant to its February 3, 2021 Minute Order. Whether the FAC Was Timely Filed. On February 3, 2021, the Court granted NATIONSTAR'S motion for judgment on the pleadings with 20-days leave to amend. (See 2/3/21 M.O., ROA 84.) NATIONSTAR contends that Plaintiff's deadline to file the FAC was February 24, 2021 based on the Court's February 3, 2021 Order. In Opposition, Plaintiff contends it had until March ...
2021.06.17 Demurrer 869
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.17
Excerpt: ...on. Moving Defendants contend that the first cause of action does not allege facts showing an inadequate remedy at law, and that specific performance is not allowed where remedies at law, such as monetary damages, are available. They also contend that the fourth cause of action is not pleaded with the requisite specificity as to any misrepresentation and resulting damages. Plaintiffs Alex Paleo (“Paleo”) and Ivan Valdez (“Valdez”) (collec...

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