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2021.06.10 Motion to Dismiss for Improper Venue 349
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...; Neal Decl. ¶ 10.) Paragraph 18 of the Agreement states as follows: 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. “A defendant may enforce a forum-selection clause by bringing a motion pursuant to sections 410.30 and 418.10, the statutes governing forum non conveniens motions, because they are the ones which g...
2021.06.10 Motion to Compel Further Responses 223
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...ponses to (1) Form Interrogatory 15.1 as it relates to the 1st-10th, 12th-13th, 15th-17th, and 19th-25th affirmative defenses, and (2) Form Interrogatory 17.1 as it relates to Requests for Admission 1, 2, 3, 4, 6, 7, 8, 9, 11, 15, 16-19, 21, 24, and 27-77. Form Interrogatory 15.1 Plaintiff fails to respond to subsections (b) and/or (c). To the extent that Plaintiff references other documents and does not summarize the contents of the same so that...
2021.06.10 Motion for Summary Judgment 913
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...ction for Money Had and Received, Fifth Cause of Action for Unjust Enrichment (misnumbered the fourth cause of action in the Complaint), Sixth Cause of Action for Accounting (misnumbered the fifth cause of action), and Seventh Cause of Action for Set Aside of Fraudulent Transfer Under the Uniform Voidable Transactions Act (misnumbered the sixth cause of action) (the “Motions”). Defendants contend that each of Plaintiff's seven causes of actio...
2021.06.10 Motion for Relief from Default, Judgment 637
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...ter, on 3-19-2021, a default judgment was entered as to Defendants HB Auto AC, Inc., and Christopher Ramirez in the amount of $31,750 (ROA 35). Pursuant to CCP §473(b), this Court “may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” However, “It is the ...
2021.06.10 Motion for Leave to File FAC 246
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ...ging allegations for DOEs 1-30, should Plaintiffs discover they need to add another party as a DOE. (Jenkins Decl. ¶9; Exhibit "7"). Pursuant to CCP §473(a)(1), this Court may, “in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading…” Additionally, pursuant to CCP §576, “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be p...
2021.06.10 Demurrer 450
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.10
Excerpt: ... Services Agreement” (Complaint, Exh. A). Within 90 days after Defendant placed underwriters as potential, permanent employees with Plaintiff, they left for a competing company. Plaintiff claims Defendant knew the competitor was soliciting certain employees to work for it prior to Defendant placing them with Plaintiff and was substantially certain they would leave Plaintiff to work for the competing company. Meet and Confer: Defense counsel spo...
2021.06.03 Petition for Writ of Mandate 499
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.03
Excerpt: ...etitioner appears to be seeking reinstatement of her position with reasonable accommodations – 45 minute rest breaks with only 15 minutes of work to which Respondent would not agree. Petitioner also alleges she was denied “grievance and discrimination” procedures. Respondent properly demurs to this Petition pursuant to Code of Civil Procedure section 430.10, subds. (e) and (f) for insufficient facts and uncertainty, respectively. (SJJC Avia...
2021.06.03 Motion to Strike 473
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.03
Excerpt: ...of good faith and fair dealing; 6. Interference with economic relations; 7. Intentional interference with prospective business relations; 8. Negligent interference with prospective business relations; and 9. Declaratory relief and injunctive relief. On 9/22/20, Kemp cross-complained against AHC and Prasla. On 12/8/20, he filed a First Amended Cross-Complaint (FACC) alleging: 1. Violation of 15 USC Sections 1635 et seq.; 2. Violation of CA Financi...
2021.06.03 Motion for Summary Judgment, Adjudication 442
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.03
Excerpt: ...s.” Therein, it alleges that Defendant became indebted to Plaintiff: (1) “on an open book account for money due”; (2) “on an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff”; (3) “for money lent by plaintiff to defendant at defendant's request”; (4) “for money paid, laid out, and expended to or for defendant at defendant's special instance and req...
2021.06.03 Demurrer, Motion to Strike 604
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.06.03
Excerpt: ...ants Villas Aliento Partners, LP and Western National Securities dba Western National Property Management, the owners and/or management company of the subject property, for: 1. breach of warranty of habitability (Civ. Code, § 1941.1); 2. breach of warranty of habitability (Health & Saf. Code, § 17920.3); 3. breach of warranty of habitability (Civ. Code, § 1942.4); 4. negligence – premises liability; 5. Nuisance; 6. Battery; 7. intentional in...
2021.05.27 Motion to Compel Further Responses 866
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.27
Excerpt: ...cl., ¶¶ 12-13, Exhs. H-O.) Arguments: Ton claims that Thuy Nga responded to RFAs that it does not have documents to sufficiently determine the profits and losses from the VStar and New Wave television programs by first stating it had them, then changing the response to state Vietface has them, and then stating it was “informed and believed” that Vietface had them, even though Vietface, under oath, already denied having them. Ton argues the ...
2021.05.27 Motion to Compel Further Responses 637
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.27
Excerpt: ...42, 48-50, 52-54, 56, 58, 60, 64, 68, 70, 71, and 73. Meet and Confer: The parties exchanged multiple correspondences and telephone calls and are now at an impasse. (Castaneda Decl., ¶¶ 18-43.) They have sufficiently met and conferred. Separate Statement: Plaintiff argues the separate statement was not procedurally proper in that it requires the reader to refer to different parts of the document and that it improperly included multiple motions ...
2021.05.20 Motion for Summary Judgment, Adjudication 376
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.20
Excerpt: ...pport of the summary judgment motion. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.” (emphasis added). Nanigans moves, in the alternative, for summary adjudica...
2021.05.20 Motion for Relief from Waiver of Discovery Responses, to Compel Responses, Deposition 209
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.20
Excerpt: ...of sending the entire amount to plaintiff. The Court seriously questions the logic and legal basis of plaintiff's counsel argument that he is entitled to the agreed upon settlement amount without consideration of the lienholder's lien. Nonetheless, as there did not appear to be a meeting of the minds, the Court vacated the judgment on 11/20/20 per Ford's request. Immediately following that ruling, in attempting to play a procedural game of “got...
2021.05.13 Motion to Quash Deposition Subpoenas 866
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.13
Excerpt: ... filed. Given that both subpoenas are identical, the matters may be addressed by this single motion. Timeliness: Code of Civil Procedure section 1985.3, subdivision (g) provides, in pertinent part, that “[a]ny consumer whose personal records are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash o...
2021.05.13 Motion for Summary Adjudication 110
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.13
Excerpt: ...laintiffs. 2. Plaintiffs' third cause of action for violation of the Consumer Legal Remedies Act lacks merit entitling Defendant to summary adjudication as a matter of law because Plaintiffs cannot prove Defendant induced them to buy or enter into a lease, they provided improper notice, and misdirected the notice to a third-party and not to Defendant's principal place of business. 3. Plaintiffs' fourth cause of action for intentional infliction o...
2021.05.13 Motion for Determination of Good Faith Settlement 706
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.13
Excerpt: ...le with one of several joint tortfeasors without releasing the others. 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 f...
2021.05.13 Demurrer 891
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.13
Excerpt: ... 7th causes of action for trade secret misappropriation, intentional interference with prospective economic relations, conversion, unfair competition, and unjust enrichment asserted against Defendant CARRILLO, Defendants demur on the grounds that the alter-ego allegations and agency allegations upon which Plaintiff relies in order to assert liability against her are insufficiently pleaded. Defendants contend the SAC fails to plead the necessary f...
2021.05.06 Motion to Strike, to Tax Costs 934
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ...which extended to claims not at issue in the pending lawsuit and; (2) it was uncertain and not capable of valuation because it required Plaintiff to satisfy “any and all liens” as part of the offer. Whether Defendants' Offer to Compromise Was Invalid. The Offer to Compromise states: “Scott Gray and Lana Thi Gray ("defendants") offer to settle with plaintiff Jana Pierce ("plaintiff") pursuant to the provisions of Section 998 of the Californi...
2021.05.06 Motion to Disqualify Counsel 149
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ... and 1.13. Rassman also contends that Aplin is subject to mandatory disqualification because the Cross-Complaint is a direct and shareholder derivative action on behalf of New Hair Institute Medical Group, a California Professional Corporation and the case involves Aplin's concurrent representation of a corporation and shareholders resulting in a conflict of interest that is nonwaiveable. An opposition was filed by Plaintiffs and Cross-Defendants...
2021.05.06 Motion to Compel Production of Docs 525
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ...s responsive to those demands. 3. Produce all documents responsive to MFH's Requests for Production, Set One Nos. 1, 2, 29-37, seeking OBCI's financial records, consistent with OBCI's statements of compliance. 4. Produce further all documents responsive to the corresponding demands in MFH's Notice of Deposition to OBCI's Person Most Qualified (which contains document requests substantially identical to MFH's Requests for Production) and appear fo...
2021.05.06 Motion to Compel Further Deposition 556
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ... amount of $2,280 for attorney's fees and costs incurred in bringing this motion pursuant to Code of Civil Procedure sections 2023.010 and 2030.300 (the “Motion”). Defendants contend that Plaintiff's witness, his father, Jose Palomera, attended his noticed deposition on August 25, 2020, but that Plaintiff's counsel of record asserted erroneous objections and instructed Plaintiff's witness not to answer, and that although defense counsel attem...
2021.05.06 Demurrer 956
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.05.06
Excerpt: ...fficient to support a cause of action as Plaintiff fails to allege when the vehicle was out of service for more than 30 days. In general, statutory causes of action must be pleaded with particularity. (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790.) Civil Code section 1793.2 applies to manufacturers of consumer goods sold in the state of California, and sets forth a manufacturer's obligations for goods for which it has made an ...
2021.04.29 Motion to Strike Complaint 450
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ...d States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party movin...
2021.04.29 Motion to Strike 473
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ... United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party...

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