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2021.04.29 Motion to Compel Responses 055
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ...ion is timely as Defendant never served verified responses, and that even assuming the 45-day time frame applied, the parties agreed to extend the deadline for a motion to compel to 2/19/21. Plaintiff also contends that despite good faith meet and confer efforts to which Defendant's counsel did properly engage, Defendant fails to provide proper further responses and that Defendant interposes boilerplate, meritless objections. Plaintiff also conte...
2021.04.29 Motion for Summary Judgment, Adjudication 763
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ...ly no conduct that qualifies as severe or pervasive not any harassing conduct that is related to his actual or perceived disability 2. The Second Cause of Action for Disability Discrimination should be summarily adjudicated in favor of the City because Plaintiff failed to timely exhaust administrative remedies, he failed to produce prima facie evidence of discriminatory motive, and because the City can show legitimate, non-discriminatory reasons ...
2021.04.29 Demurrer, Motion to Strike 153
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.29
Excerpt: ...e case (i.e., Eldercare is Doe 1). The Elder Abuse and Dependent Adult Civil Protection Act, codified at Welfare & Institutions Code §§ 15600, et seq., makes certain enhanced remedies available to a plaintiff who proves abuse of an elder, i.e., a “person residing in this state, 65 years of age or older.” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 404.) The elements of a claim for physical elder abuse are: (1...
2021.04.22 Motion to Strike Punitive Damages 168
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.22
Excerpt: ...ce that the defendant has been guilty of fraud, oppression or malice, punitive damages may be recovered. Driving while intoxicated is not enough to support allegations of punitive damages, but driving in a way which enhances an appreciable risk to others may warrant those damages. (See Taylor v. Superior Court (1979) 24 Cal.3d 890 [punitive damages allegations supported where defendant was a long time alcoholic with a record of arrests and convic...
2021.04.22 Demurrer 473
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.22
Excerpt: ...er tests the pleading alone and not the evidence or other extrinsic matters which do not appear on the face of the pleading or cannot be properly inferred from the factual allegations of the complaint.” (Exec. Landscape Corp. v. San Vicente Country Villas IV Assn. (1983) 145 Cal. App. 3d 496, 499.) This principle means that if the pleading sufficiently states a cause of action the demurrer cannot be granted on the basis of a showing of extrinsi...
2021.04.22 Demurrer 265
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.22
Excerpt: ...ents of principal and interest of $10,607.92 each, and one final principal and interest payment of $108,595.70. The note is attached 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. In the demurrer, defendant argues plaintiff is barred from suing on...
2021.04.15 Motion to Transfer Venue 508
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.15
Excerpt: ...n Eureka, California, on the grounds venue is not proper in this county because none of the Defendants reside in Orange County. Because the two motions seek the same relief and are essentially identical, the Court will analyze both Motions simultaneously below. Code of Civil Procedure section 395 states in pertinent part as follows: “(a) Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings...
2021.04.15 Motion for Protective Order 057
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.15
Excerpt: ...es, (3) displaying a lack of decorum and civility at depositions, (4) refusing to stipulate regarding production of witnesses at time of trial, and (5) refusing to produce documents reviewed in preparation for deposition contrary to the California Evidence Code section 771, and the California Code of Civil Procedures. Based on such conduct, Plaintiff moves the Court to order a discovery referee at cost to Defendants pursuant to C.C.P. section 639...
2021.04.15 Demurrer 750
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.04.15
Excerpt: ...plaint, and for the sake of clarifying the record, the court ordered Plaintiff to separately file the same by the end of the next business day. (ROA 291 [2/4/21 Minute Order].) The court notes that Plaintiff represents in its opposition brief that subsequent to the 2/4/21 hearing, it attempted to file the FAC but the clerk's office rejected the same, stating “First Amended Complaint already filed 3/11/2020.” Plaintiff further represents that ...
2021.03.25 Application for Right to Attach Order 003
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...er against defendant on 12/1/20. The plaintiff has the burden of proving: that the claim is one on which an attachment may be issued; the probable validity of such claim; and that the attachment is not sought for any purpose other than to secure recovery on the claim. (Code Civ. Proc., §484.090.) Types of claims subject to attachment: A claim upon which an attachment may be issued is a claim (1) for money based upon a contract, express or implie...
2021.03.25 Demurrer, Motion to Strike 186
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ... Inc and Orange County Coatings, Inc. (collectively, “Garage Coatings”) failed to comply with Sections 20.7 and 20.8 of the franchise agreement (“Franchise Agreement”), which is attached as Exhibit B of the SACC. It states as follows: “20.7 Prior Notice of Claims. As a condition precedent to commencing an action for a Claim, you must notify us within thirty (30) days after the occurrence of the violation or breach, and failure to timely...
2021.03.25 Motion for Determination of Good Faith Settlement 878
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...in and Ironhorse for indemnification, apportionment of fault, and declaratory relief. On 11/9/20, Andrade filed an application for a determination of a good faith settlement with plaintiff. On 11/25/20, Tarin and Ironhorse cross-complained against Andrade for indemnification, declaratory relief, apportionment of fault, and equitable indemnity. On 12/1/20, this court stated by minute order that any party objecting to the settlement must file an ob...
2021.03.25 Motion for Leave to File Complaint-in-Intervention 059
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...uperior Court (1997) 60 Cal.App.4th 342, 346.) CCP § 387(b) is a compulsory joinder provision which states that a nonparty has the right to intervene in litigation between others where he claims an interest in the property or transaction involved in such litigation, and is so situated that any judgment rendered in his absence “may as a practical matter impair or impede that person's ability to protect that interest ... ” Intervention by an i...
2021.03.25 Motion to Lift Arbitration Stay 057
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...y certain fees and costs before the arbitration can proceed, if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel arbitration under Section 1281.2. “(b) If the drafting party materially breaches the arbitration agreement and is in default under subdivision (...
2021.03.25 Motion to Set Aside Court's Denial of Motion for Summary Judgment, Adjudication 297
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.25
Excerpt: ...edure sections 1008, 437c, and 1170.7. Majid contends that there are new or different facts as follows: (1) establishing that Majid being a party to a contract or transaction is an element for each of the six causes of action; (2) clarifications to the Declaration of Majid Adassi that he did not sign any of the invoices in the Second Amended Complaint (“SAC”) which rebukes the Declarations of Mohamad Odeh and Ashraf Sulaiman for lack of found...
2021.03.18 Motion for Summary Judgment 506
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.18
Excerpt: ...) There is no evidence to support Plaintiff's First Cause of Action for “Motor Vehicle” and Count MV-2(d) as against EMMANUEL C. AGUIRRE, JR., and CATHERINE ELIZABETH AGUIRRE; (2) There is no evidence to support Plaintiff's Second Cause of Action for “Negligence”/ “Negligent Entrustment”, as against EMMANUEL C. AGUIRRE, JR., and CATHERINE ELIZABETH AGUIRRE; (3) There is no evidence to support Plaintiff's Third Cause of Action for “N...
2021.03.18 Motion for Attorney Fees 734
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.18
Excerpt: ...ments made in Ellis' anti-SLAPP motion were identical to those made by Defendant, Dana Point Taxpayer's Association (“DPTA”) in its anti-SLAPP motion filed on May 8, 2019, and rejected by the Court on October 3, 2019. Plaintiff also contends that no reasonable person would have expected a different outcome on the issues concerning the defamatory nature of the statements, malice, damages, and fair comment as nothing had changed in the facts or...
2021.03.18 Demurrer 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.18
Excerpt: ...-year/100,000-mile powertrain warranty, which covers the engine and transmission. During the warranty period, the vehicle contained or developed defects related to the engine. The FAC alleges: (1) Violation of Civil Code section 1793.2 (failing to promptly replace or make restitution); (2) Violation of Civil Code section 1793.2 (failed to timely repair); (3) Violation of Civil Code section 1793.2, subdivision (a)(3) (failure to provide sufficient...
2021.03.11 Motion for New Trial 934
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.11
Excerpt: ...g argument, and denying Plaintiff's request to give the jury a special instruction; (3) the jury's award being against the law and not supported by the evidence due to an insufficient damage award; and (4) the jury's award being against the law for the jury's failure to award any non-economic damages despite an award of $3,500 for general damages. Alternatively, in lieu of a new trial, Plaintiff requests an additur for $222,220 for Plaintiff's re...
2021.03.04 Motion to Quash Subpoenas 355
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.04
Excerpt: ...rds, and all writings. Including, but not limited to, all office. emergency room, inpatient, outpatient, hospital charts/records, radiology reports and pathology reports; any and all radiology materials and films, X-rays, MRl's, and CT scans (a complete list of breakdown from your film library must be provided prior to production of requested films); any and all itemized statements of the billing charges, billing records, insurance records, expla...
2021.03.04 Motion to Quash Deposition 849
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.04
Excerpt: ...acy right of third parties, as to his former employment records; (2) the Subpoena seeks documents regarding McBride's former employment, that consist of financial, medical, and personnel records, which are wholly irrelevant to the instant action, and not reasonably calculated to lead to the discovery of admissible evidence; (3) the Subpoena is overly broad in scope, oppressive, and harassing. Plaintiff served the Subpoena on Third-Party Servite s...
2021.03.04 Motion to Compel Further Responses 956
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.03.04
Excerpt: ... 29, 33, 40, 44, 45, 57, 58, 60, from Plaintiff, and awarding monetary sanctions in the amount of $1,704 against Plaintiff and/or Plaintiff's attorney of record, Knight Law Group, LLP. In opposition to both motions, Plaintiff's counsel has filed a declaration indicating Plaintiff's counsel did not properly calendar the due date for Plaintiff's supplemental discovery responses which were due on 10/12/20, due to a calendaring error stemming from wo...
2021.02.25 Motion to Consolidate Matters 221
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.25
Excerpt: ...or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the action; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Here, Defendant, Silviano Vergara Vences, contends that both cases share common questions of law and fact, in that both actions arise out of the same three-car motor vehic...
2021.02.25 Motion for Interlocutory Judgment 489
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.25
Excerpt: ...E contends that she is entitled to partition of the real property known as 223 E. Avenida Ramona, San Clemente, CA 92672 (APN 690-431-25) “Property”) because it is undisputed that PRICE, on the one hand, and Plaintiffs Marion Bendix Creasman (“CREASMAN”) and David Barker (“BARKER”) (collectively “Plaintiffs”), on the other hand, jointly own an undivided 50% interest in the Property, as tenants in common. Request for Judicial Notic...
2021.02.25 Demurrers 294
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.25
Excerpt: ...ause of Action for Negligence, and Fifth Cause of Action for Unfair Business Practices, Violation of Bus. & Prof. Code § 17200, et seq. of Plaintiff Salvador Ojeda's Complaint for failure to state facts sufficient to constitute causes of action under Code of Civil Procedure section 430.10(e). The Complaint alleges causes of action based on violations of the Homeowners' Bill of Rights (“HBOR”), negligence, and Violation of Business & Professi...

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