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2020.12.03 Motion to Quash Deposition Subpoena 234
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.12.03
Excerpt: ...rdering the costs of production and review be borne by Defendant. The Subpoena orders UPS to produce the following categories of documents: “All DOCUMENTS pertaining to MR. FREEM, including, but not limited to, his complete personnel file, employment application(s), resume(s), interview notes, records of reference or background checks, attendance records, payroll records, salary and benefit information, disciplinary record, job description(s), ...
2020.11.19 Motion to Compel Arbitration 168
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.11.19
Excerpt: ...d (3) request for monetary sanctions in the amount of $6,000 against Plaintiff and his counsel pursuant to Code of Civil Procedure sections 128.5 and 128.7. Preliminarily, both the Federal Arbitration Act and the California Arbitration Act require the existence of a valid Arbitration Agreement, before arbitration can be compelled. (See 9 U.S.C. §2 and C.C.P. §1281.2). "The petitioner bears the burden of proving the existence of a valid arbitrat...
2020.11.19 Motion for Summary Judgment, Adjudication 297
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.11.19
Excerpt: ...ed individuals, including MAJID, since there is no written agreement guaranteeing payment by any of the individuals. 3. The statue of frauds bars the Plaintiff from recovering against any individual or entity that did not sign or acknowledge an invoice accompanying a purported delivery. 4. MOVING DEFENDANT is entitled to judgment on all six causes of action against Defendant MAJID ADASSI because the CORPORATE VEIL DEFENSE defeats each cause of ac...
2020.11.19 Motion for Stay 445
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.11.19
Excerpt: ...tion agreement that would require Plaintiff to prosecute its claims against him in another forum, i.e., Utah. Thus, the traditional forum non conveniens test applies here. (See Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 661 [“factors that apply generally to a forum non conveniens motion do not control in a case involving a mandatory forum selection clause”].) 1. Traditional Forum Non Conveniens If a court “find...
2020.10.29 Motion to Compel Further Responses 226
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.29
Excerpt: ...ompel–SROG, Set 1–Kurshida Nabi By these motions, Plaintiff moves for an order compelling defendants Debra L. Khandaker, Syed H. Khandaker, Amirul Islam, and Kurshida Nabi (collectively, “Defendants”) to each provide responses, without objections, to Requests for Production of Documents, Set Two (Nos. 20-26) and Special Interrogatories, Set One (Nos. 1-15) (collectively, the “Discovery Requests”) served upon them respectively. The fai...
2020.10.29 Motion to Compel Further Responses 038
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.29
Excerpt: ...d the parties to submit a joint statement at least 9 court days prior to the hearing specifying the special interrogatories that remain at issue, or whether the motion has been resolved and is being withdrawn. In issuing this order, the Court recognized the “recent heightened amount of law and motion practice relating to discovery in this case.” The Court is frankly disappointed by the parties' inability to at least “meet” to discuss thes...
2020.10.22 Motion to Sustain Demurrer 540
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.22
Excerpt: ...�COA”) – Breach of Contract Defendant contends that the first COA is barred by two-year statute of limitations for breach of an oral contract. Defendant also contends that the complaint is ambiguous because it does not expressly allege whether the entire contract is written or oral. As to the entire demurrer, plaintiff generally contends that all facts alleged must be accepted as true, that a general demurrer must be overturned if a cause of ...
2020.10.22 Motion to Strike, to Dismiss 722
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.22
Excerpt: ...o provide discovery.” CCP § 2023.030, subdivision (d), provides, “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: . . . [¶] (d) The court may impose a termi...
2020.10.22 Motion to Dismiss 292
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.22
Excerpt: ...ue, and/or monetary sanctions against a party engaging in conduct that is a misuse of the discovery process. Pursuant to section 2023.010(g), misuse of the discovery process includes the disobeying of a court order to provide discovery. The failure to comply must be willful. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2008) § 8:1203.1.) Although the moving party bears the burden of proof, the moving party n...
2020.10.22 Motion to Compel Further Responses 342
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.22
Excerpt: ...f Requests for Production, Nos. 51 and 69 from Defendant Ron Love (“Love”). The Court GRANTS Davis and Love's Requests for Judicial Notice as to Plaintiffs' Ex Parte Application for a Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue filed on July 6, 2020, pursuant to Evidence Code section 452(d). However, the Court declines to take judicial notice of hearsay statements contained in the court's ...
2020.10.22 Motion for Summary Judgment 399
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.22
Excerpt: ...gainst Defendant: (1) general negligence, and (2) premises liability. (ROA 26.) On 4/4/19, Plaintiff dismissed the 2nd cause of action for premises liability with prejudice (ROA 37); thus, the only cause of action remaining against Defendant is the 1st cause of action for general negligence. The elements of a negligence cause of action are: duty, breach, proximate or legal cause of injury to Plaintiff resulting from the breach, and damage to Plai...
2020.10.15 Motion for Summary Judgment 834
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.15
Excerpt: ...��Brandyberry”), Brian Travis (“Travis”), Big Wave Business Investments, LLC (“Big Wave”) (collectively “defendants”), are not set forth verbatim in the Separate Statement of Undisputed Material Facts (“SSUMF”) such that the request for summary adjudication is defective and the Court should only consider whether to grant summary judgment. California Rules of Court (“CRC”), Rule 3.1350(b) provides, in relevant part: “If sum...
2020.10.15 Motion to Compel Arbitration 759
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.15
Excerpt: ... the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement….” “Because the existence of an agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence.” (Rosenth...
2020.10.08 Motion for Summary Judgment, Adjudication 319
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.08
Excerpt: ...reatment rendered by Dr. Nguyen, to patient Ms. Campbell did not cause or contribute to Ms. Campbell's contended injuries. A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. (CCP § 427(c)(a)(1).) Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appoint...
2020.10.01 Motion to Strike 734
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.01
Excerpt: ...ana Point City Council, and referencing Plaintiff. Plaintiff filed an Amendment to Complaint on October 25, 2019, adding Ellis as DOE 1. Ellis contends that Plaintiff's lawsuit arises from Ellis' exercise of his rights of free speech concerning a public issue as it arises from Ellis' creation of campaign mailers criticizing three candidates for Dana Point City Council due to their association with Plaintiff such that it constitutes protected acti...
2020.10.01 Motion to Compel Further Responses 657
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.01
Excerpt: ...hat received the document entitled “Pathways Health and Community Support, LLC Arbitration Agreement” a copy of which is attached hereto as Exhibit B. • Special Interrogatory No. 22: IDENTIFY all EMPLOYEES that signed the document entitled “Pathways Health and Community Support, LLC Arbitration Agreement” a copy of which is attached hereto as Exhibit B. • Special Interrogatory No. 23: IDENTIFY any and all COMMUNICATIONS and/or DOCUMEN...
2020.10.01 Motion for Attorneys' Fees 344
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.10.01
Excerpt: ... success—e.g., where the party won on some causes of action but lost on others. Partial success, however, reduces the awardable fees and costs; and the party seeking attorney fees bears the burden of demonstrating to the court the time and costs expended on the claims on which it prevailed. (See ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1016-1020); Bowman v. City of Berkeley (2005) 131 Cal.App.4th 173, 177-178). Plaintiff's Fir...
2020.09.24 Motion for Judgment on the Pleadings 412
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.09.24
Excerpt: ... Distress,” and Sixth Cause of Action for “Negligent Infliction of Emotional Distress.” Request for Judicial Notice: The Court takes judicial notice of the following documents pursuant to Evidence Code §§ 452(d),(g) and (h), and 453: (1) Plaintiff's DFEH Complaint of Employment Discrimination dated November 3, 2015 (Defendant's RJN, Exhibit “1”); (2) Plaintiff's DFEH Notice of Case Closure and Right to Sue dated November 14, 2016 (Def...
2020.09.17 Motion for Summary Judgment, Adjudication 319
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.09.17
Excerpt: ...lied with the applicable standard of care in the medical professional at all times; or 2. The medical care and treatment rendered by Dr. Hamamji to patient Ms. Campbell did not cause or contribute to Ms. Campbell's contended injuries. Plaintiff's Complaint alleges a single cause of action for professional negligence against Defendant. The elements of a medical negligence cause of action are: (1) duty of professional to use such skill, prudence, a...
2020.09.17 Motion for Determination of Good Faith Settlement 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.09.17
Excerpt: ...aat”), Farzin Hassanzadeh (“Hassanzadeh”), Banoo Taat (“Banoo Taat”), and MNTS, Inc. (“MNTS”) (collectively “Plaintiffs”) was made in good faith within the meaning of Code of Civil Procedure sections 877 and 877.6, and an order barring any claims against Settling Defendants by any other joint tortfeasor or co-obligor in this action, or in related case No. 30-2018-00972408-CU-CO-CJC, for equitable comparative contribution, partia...
2020.09.17 Demurrer 245
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.09.17
Excerpt: ...ginal complaint and demurrer thereto (Id¶3), these meet and confer efforts are insufficient as to the demurrer to the First Amended Complaint under the code. The Court admonishes the parties that failure to meet and confer and failure to comply with the code only delays the proceedings and/or results dooms their motion. The parties are advised in the future to meaningfully meet and confer when required to do so. In any event, because the opposit...
2020.09.10 Motion to Vacate Order 245
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.09.10
Excerpt: ...e Court should vacate 2/6/20 Order striking defendants' answer and subsequent entry of default under the discretionary provision of Code of Civil Procedure section 473(b) based on mistake and excusable neglect as Defendants were not notified of the scheduled time or department for the Mandatory Settlement Conference, were not told they needed to attend, and were not notified by their former counsel, Jennifer Bradford (“attorney Bradford”) tha...
2020.09.10 Motion to Stay Proceedings 327
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.09.10
Excerpt: ...an employment with Seaman in 2006 and executed an employment agreement on or about October 30, 2006. (Complaint, ¶¶ 8-9). In particular, it is alleged that the employment agreement contained a choice of law clause specifying that Ohio law governed the Agreement and that Flaherty consented to submit to the personal jurisdiction of the federal and state courts of Ohio for the sole and limited purpose of administering and enforcing the agreement. ...
2020.09.10 Motion for Summary Judgment, Adjudication 156
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.09.10
Excerpt: ...ndants and one that deals with claims against Defendant SCMM only. In contrast, the Separate Statement filed in support of the Motion identifies “nine” specific issues identified by “Issue No.” which address only the 1st through 9th causes of action. The Separate Statement complies with California Rules of Court, Rule 3.1350(d)(1)(A) which states: “Separate Statement of Undisputed Material Facts in support of a motion must separately id...
2020.09.03 Motion to Set Aside Default Judgment 525
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.09.03
Excerpt: ...3(b) “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein.” (CCP § 473(b).) Here, Defendant submitted a copy of the pleading proposed to be filed. Mistake, inadvertence, surprise or excusable neglect Under CCP § 473(b), a defendant may seek discretionary relief from the court “upon such terms as may be just ... from a judgment, dismissal, order or other proceeding taken against him or her through hi...

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