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2021.02.25 Demurrer 245
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.25
Excerpt: ...ntiffs have failed to plead their claims for fraud and negligent misrepresentation with the requisite particularity. Defendants also contend that Plaintiffs' cause of action for intentional infliction of emotional distress (“IIED”) fails because: (1) Plaintiff's purported mental ailments as alleged in the SAC do not rise to the level of “severe emotional distress” necessary to establish an IIED claim; (2) Plaintiffs have failed to plead s...
2021.02.11 Motions to Set Aside Ruling 316
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.11
Excerpt: ...ble provision of Code of Civil Procedure section 473(b), as they attempted to serve an opposition, but the opposition was to the wrong defendant, and that the Order deeming the admissions admitted is essentially a terminating sanction. Defendants, Patricia Pacheco (“Pacheco”) and Keith Muraoka contend that Plaintiffs' counsel's failure to respond to Defendant Pacheco's First Set of Requests for Admission for nearly nine months constitutes ine...
2021.02.11 Motion to Substitute Plaintiff, for Leave to Amend Complaint 167
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.11
Excerpt: ...Sun Mar Management Services and Sun Mar Healthcare, Inc. (collectively, “Defendants”) do not oppose Plaintiff's request to substitute Plaintiff. An order substituting the decedent's representative or successor in interest may be obtained “on motion.” (CCP § 377.31.) A successor in interest who seeks to be substituted as plaintiff in place of the decedent must execute and file a declaration in statutory form. (CCP § 377.32.) Plaintiff su...
2021.02.11 Motion to Compel Deposition 849
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.11
Excerpt: ...ion 2016.040 states: “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” Here, in Opposition, Plaintiff contends that Defendants failed to adequately meet and confer prior to filing this Motion because even after Plaintiff's served an Objection to the Deposition Notice and Plaintiff's counsel and the non-party witn...
2021.02.11 Motion for Summary Adjudication 092
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.11
Excerpt: ... not supported by substantial evidence; and/or 2. The first affirmative defense of contributory negligence has no merit because the element of causation is not supported by substantial evidence. Plaintiff's Request for Judicial Notice Plaintiff requests that the Court judicially notice page 41 of the 2018 California Driver Handbook published by the California Department of Motor Vehicles which is attached as Exhibit L to Plaintiff's Evidence in S...
2021.02.11 Motion for New Trial 399
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.11
Excerpt: ...tates, in relevant part, as follows: “A new trial is a re-examination of an issue or fact in the same court after a . . . decision by a . . . court.” A right to a new trial is purely statutory and must be based on grounds set forth in CCP § 657. Plaintiff's notice of intent to move for new trial indicates the following as grounds upon which her motion is based: 1. CCP § 657(1) – Irregularity in the proceedings of the court, jury or advers...
2021.02.04 Motion to Set Aside Right to Attach Order, to Quash Writ of Attachment 597
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.04
Excerpt: ... controlled by FDISS, but that it is the personal checking account of Williams. Williams also contends that he is not subject to the Writ of Attachment, and that he never received notice of Plaintiff's Ex Parte Application for Writ of Attachment. Plaintiff, Sami Services Inc. dba Sami-Aid (“Plaintiff”) contends that an individual's personal checking account is subject to attachment, that the evidence establishes the probable validity of Plain...
2021.02.04 Motion for Relief from Serving Responses 877
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.04
Excerpt: ...e, inadvertence and/or excusable neglect. Plaintiffs, in opposition, contend that Defendant's motion fails because: (1) it is brought under CCP § 473(b), instead of CCP § 2031.300(a), the latter of which specifically governs requests for relief from waiver in connection with untimely RFP responses; (2) Defendant's Motion is untimely because more than eight months elapsed between the time Plaintiffs emailed Defendant about the untimely responses...
2021.02.04 Demurrer 270
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.04
Excerpt: ...session and a withholding thereof from the plaintiff 1st cause of action for Ejectment: The essential elements of a cause of action in ejectment are: “ownership disclosing a right to possession, the defendant's possession and a withholding thereof from the plaintiff.” [Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 675] Here, it appears from the face of the Cross-Complaint, that the cause of action for ejectment is MOOT. In...
2021.02.04 Application for Preliminary Injunction 092
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.02.04
Excerpt: ...cting Plaintiffs' access to the “Easement Area”; (2) requiring Defendants to (a) detach the “Fence” from Plaintiffs' home and repair any damage resulting therefrom; and (b) consenting to replacing the Fence with a new fence with an entryway that is adjacent to Plaintiffs' home, and across the Easement Area, that is wholly accessible to Plaintiffs, which Plaintiffs agreed to pay for in its entirety. The burden is on a plaintiff to show all...
2021.01.28 Demurrer 956
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.28
Excerpt: ... unclear whether the demurrer challenges the First Cause of Action for Breach of Express Warranty. The Notice of Demurrer provides that it is being brought against “Plaintiff's second cause of action for breach of express warranty,” (Notice, 1:25), and the Memorandum states that “Defendant HMA brings this demurrer to Plaintiff's Complaint for the following causes of action: (1) second cause of action for breach of implied warranty, (2) thir...
2021.01.28 Motion for Judgment on the Pleadings 616
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.28
Excerpt: ...to allege any “material” violations of these code sections as required. Civil Code section 2924.12 states, in pertinent part, as follows: “(a)(1) If a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of Section 2923.55, 2923.6, 2923.7, 2924.9, 2924.10, 2924.11, or 2924.17.” Here, the Complaint fails to allege that the violations of Civil Code sections 29323...
2021.01.28 Motion for Leave to File TAC 768
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.28
Excerpt: ...the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” [Morgan v. Sup.Ct. (Morgan) (1959) 172 CA2d 527, 530] Initially, there is no argument whatsoever by Defendant Dr. Phan that Plaintiffs' motion is either untimely or that granting the motion will r...
2021.01.28 Motion for Summary Adjudication 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.28
Excerpt: ... granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.”]) Mojtaba Sean Taat's Evidentiary Objections (ROA 557) Objections 1 – 4 – OVERRULED Merits By the 17th COA, which is alleged by Mojtaba Sean...
2021.01.21 Motion for Summary Judgment, Adjudication 220
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.21
Excerpt: ...icle. To establish a cause of action for negligent entrustment of a motor vehicle, “the plaintiff must prove all of the following: “1. That [name of driver] was negligent in operating the vehicle; [¶] 2. That [name of defendant] was an owner of the vehicle operated by [name of driver]; [¶] 3. That [name of defendant] knew, or should have known, that [name of driver] was incompetent or unfit to drive the vehicle; [¶] 4. That [name of defend...
2021.01.21 Motion for Relief from Waiver, to be Relieved as Counsel 750
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.21
Excerpt: ... Documents (ROA 157) 2. Special Interrogatories (ROA 144) 3. Requests for Admission (ROA 150) The Discovery Act allows for a party to whom written discovery has been directed to request and be granted relief from waiver of objections if (1) the party has subsequently served a response that is “in substantial compliance” with code, and (2) the party's failure to serve a timely response was “the result of mistake, inadvertence, or excusable n...
2021.01.21 Demurrer 785
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.21
Excerpt: ...he District failed to file a meet and confer declaration with its demurrer, and thus, failed to comply with Code of Civil Procedure section 430.31(a)(3). Defendant is admonished to comply with the rules. Despite the District's failure, the Court addresses the demurrer on the merits. First Cause of Action for Disability Discrimination, Fourth Cause of Action for Gender/Pregnancy/Fertility Discrimination, and Sixth Cause of Action for Retaliation. ...
2021.01.14 Motion to Expunge Lis Pendens 055
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.14
Excerpt: ...rd, Kevin O'Hara, O'Hara & Greco, William F. Wraith, and Wraith Law, jointly and severally. Defendant contends that plaintiff cannot establish the probable validity of any alleged real property claim because (1) the claims cannot be brought against defendant in her capacity as trustee, or in her individual capacity; (2) there was inadequate valuable consideration for the 50% interest in the subject property; (3) the documents upon which plaintiff...
2021.01.14 Motion to Compel Arbitration 399
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.14
Excerpt: ...CP § 1281.2 states in pertinent part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration ...
2021.01.14 Motion for Summary Judgment, Adjudication 223
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.14
Excerpt: ...on. Plaintiff contends that pursuant to Corporations Code §2105, Revenue and Tax Code §23304.1, and other applicable law, the transaction which is the subject of this lawsuit is voidable by this Court, rendering that transaction unenforceable as a matter of law. Defendants Newport Coast, Nils Lommerin and Sourabh Roy (collectively “Defendants”) contend that Newport Coast was not required to register with the Secretary of State because it wa...
2021.01.14 Motion for Summary Judgment 435
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2021.01.14
Excerpt: ...�(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness . . . .” Here, Defendant presents evidence that it is not the owner of the dog. Plaintiff does not dispute this. (SSUMF 1 [Tran Decl. ¶¶ 4, 5; SSUMF ...
2020.12.10 Motion for Attorney's Fees 967
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.12.10
Excerpt: ...ants have judgment by default entered against them jointly and severally pursuant to the SAC. The motion is unopposed. Plaintiff initially filed its Motion for Attorney's Fees on 6/9/20 which was set to be heard on 8/27/20, seeking $52,350 and costs in the amount of $4,386.01. On 8/27/20, the Court denied the motion, without prejudice, finding that Plaintiff failed to demonstrate its entitlement to attorney's fees against Defendant IGT LED Lighti...
2020.12.10 Motion for Attorney's Fees 623
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.12.10
Excerpt: ...5 as including attorney's fees that are authorized by contract, statute, or law. (CCP § 1033.5(a)(10)(A), (B), (C).) “When a contract or a statute authorizes the prevailing party to recover attorney fees, that party is entitled to attorney fees incurred at trial and on appeal.” (Douglas E. Barnhart, Inc. v. CMC Fabricators, Inc. (2012) 211 Cal.App.4th 230, 250.) Here, on 6/28/18, Plaintiff filed a request for dismissal. On 10/12/18, the Cour...
2020.12.03 Motion to Strike 870
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.12.03
Excerpt: ...Sharon Jeffrey indicates that she sent a letter to counsel for plaintiffs Desiree Wiles and Presley W., a minor by and through her guardian ad litem, Desiree Wiles (collectively, “Plaintiffs”). Despite this procedural deficiency, the Court will rule on the merits below. (See CCP § 435.5(a)(4).) Item 1: Punitive damages Defendant seeks to strike punitive damages allegations at 9:22-27: “DEFENDANTS' conduct and failure to abate the nuisances...
2020.12.03 Motion to Strike 088
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.12.03
Excerpt: ...to a special motion to strike under Code of Civil Procedure section 425.16. First, the Court determines whether the defendant has made a prima facie showing that the complaint “arises from” defendant's constitutionally-protected free speech or petition activity. (Code Civ. Proc. §425.16(b); Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 61; Governor Gray Davis Committee v. American Taxpayers Alliance (2002) 102 Cal.Ap...

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