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2020.09.03 Motion to Dismiss, to Strike 476
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.09.03
Excerpt: ...NTS Defendants' request to judicially notice Exhibits A and B attached to the Requests for Judicial Notice, pursuant to Evidence Code section 452(d). Plaintiff filed a Request for Judicial Notice in support of its Opposition to Defendants' Motion to Dismiss, requesting that the Court judicially notice Defendants' “Notice of Ruling Re Defendants' Demurrer and Motion to Strike as to Plaintiff's First Amended Complaint.” The Court GRANTS plainti...
2020.09.03 Motion for Summary Judgment 078
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.09.03
Excerpt: ...ts contained therein. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564; Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) The Court OVERRULES Rutan's Objections to the Declaration of Jared Walder. The Court declines to rule on other objections that are not material to the disposition of the motion. (Code Civ. Proc. § 437c(q).) Defendants contend that the action is barred by the four-year statute of limitations set fo...
2020.09.03 Demurrer 492
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.09.03
Excerpt: ...bdivision (A)(3) of Civil Code§ 1793.2, Defendant Hyundai Motor America argues that these violations are not separately-actionable claims and there are no damages available for alleged violations of these provisions. However, Plaintiff argues Civil Code§ 1794(a) specifically states: “Any buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contr...
2020.08.27 Motion to Strike 185
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.08.27
Excerpt: ...20 hearing date in the Court's registry of actions. Moving Party failed to give notice of the current motion. Thus, it is unknown whether Defendant/Cross-Complainant ATV, Inc. had notice of this hearing. On the other hand, Cross-Defendant filed a notice of non-opposition on August 20, 2020 and Cross-Complainant was served with that pleading, so it does appear that Cross- Complainant is at least now aware of the hearing. The crux of the motion is ...
2020.08.27 Motion to Compel Further Responses 010
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.08.27
Excerpt: ...ease describe the nature and extent of YOUR job duties at the time of the INCIDENT.) Plaintiff JOSHUA responded as follows: “Objection. The request seeks information that is not reasonably calculated to lead to the discovery of admissible evidence and is unintelligible as it pertains to this Responding Party. The request also seeks privileged medical information, and the Responding Party has not put his medical condition at issue in this case. ...
2020.08.20 Motion to Compel Production of Docs 576
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.08.20
Excerpt: ...of improper claims of the attorney-client and work product privilege. C.C.P. section 2031.310 states, in pertinent part, as follows: “(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representatio...
2020.08.20 Motion for Leave to Conduct Specified Discovery 734
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.08.20
Excerpt: ...s, David Ellis (“Ellis”) and Michael Powers (“Powers”) filed individual oppositions to the motion. As a threshold matter, the Court notes that plaintiff filed his original motion on 6/23/20, and then filed an “updated and corrected” motion, as well as a Notice of Errata on 7/6/20, explaining that the “updated and corrected” papers were filed to correct a citation to an exhibit, and that the Court should review the 7/6/20 filing. P...
2020.08.20 Demurrer, Motion to Strike 072
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.08.20
Excerpt: ...Brokers Failure to Inspect and Disclose, Civil Code §§ 2079, et seq.: Brokers and salespersons subject to Civil Code § 2079 have a two-pronged duty: first, to conduct a “reasonably competent and diligent visual inspection of the property”; and second, to “disclose to … prospective buyer[s] all facts materially affecting the value or desirability of the property that an investigation would reveal.” (Civil Code § 2079(a); Ryan v. Real...
2020.08.13 Motion to Compel Further Responses 650
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.08.13
Excerpt: ...non-responsive, and that the objections are without merit. Khalili contends that the motion is moot as Amended Responses were served prior to him being served with the instant motion, that Steed failed to sufficiently meet and confer prior to bringing the motion, and that sanctions are not warranted. Code of Civil Procedure §2030.300(a) provides that a party propounding discovery may move for an order compelling a further response if an answer t...
2020.08.06 Demurrer 174
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.08.06
Excerpt: ...ing causes of action for wrongful death pursuant to Code Civ. Proc. §377.60 et seq.; wrongful death pursuant to Code Civ. Proc. §377.30 et seq.; and assault and battery. Defendants City of Los Alamitos, Los Alamitos Police Department and Chief of Police Eric R. Nunez (“Nunez”) (collectively “Moving Defendants”) move for an order sustaining their demurrer without leave to amend as to the First Amended Complaint (“FAC”) filed by Plain...
2020.07.30 Motion to Stay Instant Action 445
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.30
Excerpt: ...egal action or proceeding in the United States District Court for the District of Utah or in any court of the state of Utah sitting in Salt Lake City.” “ ‘In California, the procedure for enforcing a forum selection clause is a motion to stay or dismiss for forum non conveniens ... , but a motion based on a forum selection clause is a special type of forum non conveniens motion. The factors that apply generally to a forum non conveniens mot...
2020.07.30 Demurrer 891
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.30
Excerpt: ...ract on the ground it is insufficiently pled because it fails to plead require ultimate facts. Specifically, Defendants contend that paragraph 48 fails to allege the “obligations that are excused by Defendants [sic] conduct”; paragraph 49 fails to allege “when, where, how, and to whom specifically Defendants disclosed” the confidential information, fails to allege what actual information was improperly disclosed, and paragraphs 49 and 50 ...
2020.07.23 Motion to Vacate Dismissal 370
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.23
Excerpt: ...l. “Following entry of a dismissal of an action by a plaintiff under Code of Civil Procedure section 581, a “trial court is without jurisdiction to act further in the action [citations] except for the limited purpose of awarding costs and statutory attorney's fees. [Citations.]” (Harris v. Billings (1993) 16 Cal.App.4th 1396, 1405. In Harris, the Court held the “trial court in this case had no jurisdiction to vacate the dismissal without ...
2020.07.23 Motion to Compel Arbitration 880
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.23
Excerpt: ... (2015) 237 Cal.App.4th 651, 657, 188 Cal.Rptr.3d 113.) “[T]he phrase ‘ “involving commerce” ' in the FAA is the functional equivalent of the term ‘ “affecting commerce,” ' which is a term of art that ordinarily signals the broadest permissible exercise of Congress's commerce clause power.” (Shepard v. Edward Mackay Enterprises, Inc. (2007) 148 Cal.App.4th 1092, 1097, 56 Cal.Rptr.3d 326 (Shepard), citing Citizens Bank v. Alafabco,...
2020.07.16 Motion to Stay Instant Civil Action 850
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.16
Excerpt: ...97) 16 Cal.4th 953, 967.) Although the Constitution does not require that civil actions be stayed until the conclusion of the related criminal proceedings, courts retain the power to stay those proceedings under their general authority to issue stays and other similar relief when necessary to ensure the fairness of proceedings pending before them. (Landis v. North American Co. (1936) 299 U.S. 248, 254–55.) A court has discretion to stay civil p...
2020.07.16 Motion for Summary Judgment, Adjudication 133
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.16
Excerpt: ...o judgment on each of the 1st, 2nd, and 3rd causes of action under the doctrine established by Privette v. Super. Ct. (1993) 5 Cal.4th 689 and its progeny. The Privette doctrine bars an employee of an independent contractor from recovering against the independent contractor's hirer for work-related injuries. (Sheeler v. Greystone Homes, Inc. (2003) 113 Cal.App.4th 908, 913.) “[I]t would be unfair to impose liability on the hiring person when th...
2020.07.16 Motion for Consolidation 396
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.16
Excerpt: ...ntal pleading indicating compliance. On 7/6/20, Moving Defendants filed the Declaration of Hala A. Mousa (“Declaration”) providing that “all parties to this action” were electronically served and provided with notice of the motion to consolidate, pursuant to the Court's 6/18/20 Minute Order. The Declaration also provides that no parties have objected to the motion, but that Defendants Enterprise Rent-A-Car Company of Los Angeles, LLC (“...
2020.07.09 Motion to Strike 796
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.09
Excerpt: ...time in its discretion, and may consider a motion to strike on the merits even though the motion was filed after a defendant has filed its responsive pleading. (Code Civ. Proc. § 436; CPF Agency Corp. v. R&S Towing (2005) 132 Cal.App.4th 1014, 1020-1021.) The Court thus exercises its discretion and considers the merits of the motion. To support exemplary damages, the complaint must allege facts of defendant's oppression, fraud, or malice, as req...
2020.07.09 Motion for Summary Judgment, Adjudication 038
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.09
Excerpt: ... fact of the filings and the results reached. (Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882). Cross-Defendant brings this Motion for Summary Judgment and/or Adjudication, asserting Cross-Complainant cannot establish damages to support its claims. After reviewing the evidence, the Court finds the majority of Cross-Complainant's requests for damages are barred by collateral estoppel. The doctrine of...
2020.07.09 Demurrer 835
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.09
Excerpt: ...n”), Farzin Hassanzadeh, Banoo Taat, and MNTS, Inc. (collectively “plaintiffs”). The Court GRANTS the Moving Defendants' Request for Judicial Notice as to Exhibits 1, 2, and 5 through 12 as court records pursuant to Evidence Code section 452(d). The Court GRANTS the Request for Judicial Notice as to Exhibit 3 containing a grant deed; and as to Exhibit 4 containing a settlement agreement, pursuant to Evidence Code section 452(h). Although th...
2020.07.02 Motion for Terminating Sanctions 038
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.02
Excerpt: ...s an order granting issue and/or evidentiary sanctions, as follows: a. Issue sanctions ordering that it is established that Defendants have not suffered any lost profits or other damages; and/or b. Evidentiary sanctions precluding all evidence and testimony regarding Defendants' alleged lost profits and damages. (CCP§2023.030(b) and (c)). In the alternative, Plaintiff moves to compel further verified responses, without objection, to Plaintiff's ...
2020.07.02 Motion for Summary Judgment 399
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.02
Excerpt: ...emaining against Defendant is the 1st cause of action for general negligence. The Court notes that Defendant appears mistaken in believing that the second cause of action for premises liability is still at issue. The Court also notes that the motion was served on 4/13/2020. As to the remaining cause of action, the elements of a negligence cause of action are: duty, breach, proximate or legal cause of injury to Plaintiff resulting from the breach,...
2020.07.02 Motion for Leave to File Amended Complaint 866
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.07.02
Excerpt: ...arties, X Border Media USA, LLC (“X Boarder”) and Hong Hanh Le Dao (“Hanh Le”); 2. Since the inception of this litigation, cross-defendant, Vietface Media Group LLC (“VFMG, LLC”) has formed an additional subsidiary, S Channel, Inc. (“S Channel”), which ought to be included as a cross-defendant in this shareholders derivative suit; and 3. Ton seeks to add additional instances of breaches of fiduciaries duties to his existing claim ...
2020.06.25 Motion for Waiver of Jury Trial 635
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.06.25
Excerpt: ...Decl., ¶¶ 12-14.) Plaintiff's counsel also presents evidence that when he prepared the Case Management Conference Statement, he was focusing only on Plaintiff's Complaint—not the Cross- Complaint, and that when he checked “nonjury trial” that was intended only to apply to Plaintiff's Complaint. (Id., ¶¶ 6-8.) Plaintiff's counsel also presents evidence that he and his client assumed there would be a jury on the Cross-Complaint since the ...
2020.06.25 Demurrer 448
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.06.25
Excerpt: ...ically identify what damages she alleges were caused by Defendant's alleged concealment. Allegations in the FAC: The FAC alleges that Plaintiff was harmed by (1) purchasing a vehicle that she would not have purchased had she known the true facts about the engine defect, (2) unknowingly exposing herself to the risk of liability, accident and/or other injuries, (3) $2,511.55 for repairs of the subject vehicle, and (4) at least $1,100.00 in earnings...

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