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2020.03.12 Motion to Set Aside and Vacate Default, Judgment 912
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.03.12
Excerpt: ... good faith efforts were made to personally serve Nadiya Aziz prior to serving Defendant by substitute service. In Opposition, Plaintiff contends that the Motion should be denied because Plaintiff properly served Defendant at its current place of business identified on the Statement of Information filed by Defendant on 5/8/17 with the State of California Secretary of State's website; Defendant failed to timely respond; and nothing in the supporti...
2020.03.12 Motion to Augment Expert Witness 178
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.03.12
Excerpt: ...d expert witnesses that are necessary to effectively defend this action and prepare for trial. Defendant seeks to add four additional retained-expert witnesses and twenty-five non-retained expert witnesses – all of whom are in the categories of psychiatrist, life care planner, economist, or biomechanical engineer. (See Van Buren Decl., ¶¶4 and 6, Exh. C.) In Opposition, Plaintiff contend this Motion is untimely as it is brought some 15 months...
2020.03.12 Motion for Summary Adjudication
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.03.12
Excerpt: ...o defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the case of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or defense thereto. The defendant or cross-defendant shall not rely upon the allegations or deni...
2020.03.12 Motion to Quash Subpoena 190
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.03.12
Excerpt: ...nses to such a request must be accompanied by a separate statement.” However, the discovery at issue is limited and thus, the Court will exercise its discretion and address the motion on the merits. The subject subpoena seeks the following records: “Any and all writings pertaining to Elvira Jeronimo as follows: medical records, medical bills, defense medical examination reports, discovery propounded to and discovery responses of Elvira Jeroni...
2020.03.05 Motion to Unseal Records, to Strike 899
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.03.05
Excerpt: ...t Rules 2.550-2.551 apply to records sealed or proposed to be sealed by court order; and that these rules do not apply to records that are required to be kept confidential by law. Penal Code § 851.8(a) provides that if the court finds that the petitioner is factually innocent of the crimes charged, the law enforcement agency must, with the district attorney's concurrence, seal both the records and the petition to seal the records. The records mu...
2020.03.05 Motion to Quash Service of Summons 078
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.03.05
Excerpt: ...nderance of the evidence that all jurisdictional criteria are met. (Ziller Electronics Lab GmbH v. Sup. Ct. (1988) 206 Cal.App.3d 1222, 1232.) Due process permits state courts to exercise personal jurisdiction over nonresidents who have “minimum contacts” with the forum state. “Minimum contacts” means the relationship between the nonresident and the forum state is such that the exercise of jurisdiction does not offend “traditional notio...
2020.03.05 Motion for Summary Judgment, Adjudication 910
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.03.05
Excerpt: ...igence. Dr. Azzam and Dr. Gaw each move for summary judgment in their favor and against plaintiffs Carlos Lustre and Dorothy Lustre as to both causes of action. Dr. Yip moves for summary judgment, or in the alternative, summary adjudication in his favor and against plaintiffs Carlos Lustre and Dorothy Lustre as to both causes of action. The elements of a medical negligence cause of action are: (1) duty of professional to use such skill, prudence,...
2020.03.05 Motion for Summary Judgment, Adjudication 306
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.03.05
Excerpt: ...are therefore MOOT, and thus, does not address any issues for adjudication concerning these defendants. (Opposition, 2:2-7.) A Request for Dismissal without prejudice was entered on 2/24/20, as to these defendants. Accordingly, the Court dismisses SCD Holdings, LLC, Payman Rashtchi, and Arman Rashtchi, and all causes of action asserted as against these defendants. The motion that remains is Defendant Super Color Digital, LLC's Motion for Summary ...
2020.03.05 Motion for Summary Adjudication
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.03.05
Excerpt: ...aintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. Binder ...
2020.02.27 Motion for Attorney's Fees 799
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.02.27
Excerpt: ...e case was settled when it is not, which caused all future hearing dates in this case to be vacated; and that counsel failed to timely remedy the problem when the erroneous filing was brought to their attention. Pursuant to CCP § 128.5, a Court may order a party or counsel, or both, “to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or s...
2020.02.27 Demurrer 502
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.02.27
Excerpt: ...Cause of Action for Breach of Covenant of Good Faith and Fair Dealing in the Third Amended Complaint (“TAC”) filed on 9/16/19, by Plaintiffs, Michael Alladawi (“Alladawi”), Nour Khedraki, Umbrella Capital Group, Inc., dba The Plaza Realty Group, Umbrella Investment Group, LLC, Ikon, LLC, and Acacia Properties 1, LP (collectively “Plaintiffs”). A pleading is adequate if it contains a reasonably precise statement of the ultimate facts, ...
2020.01.23 Demurrer 175
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.01.23
Excerpt: ...r of consumer goods sold in California and for which the manufacturer has made an express warranty shall “[m]ake available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period.” Defendant contends that Plaintiffs failed to set forth what service literature and replacement parts were unavailable. A review of the Complaint reveals that the claim does...
2020.01.23 Application for Writ of Possession 439
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.01.23
Excerpt: ...ration of Due Diligence filed with the Proof of Service seems to contradict Item 6 of the Application for Writ of Possession and Declaration of Blong Vang ¶11. The Declaration of Due Diligence signed by the process server, Laurie Evans, indicates that service could not be made at 718 Huntington Street, Huntington Beach, CA because it is a sober living home, only women live there, and no mail for defendant goes there. She also indicates that the ...
2020.01.23 Motion to Compel Further Responses 424
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.01.23
Excerpt: ...n Carlos Fernandez and/or his attorney of record in the amount of $3,128. Specifically, Defendant seeks further responses to the following: a description of the dangerous condition of the property alleged by Plaintiff (No. 1); the location of the dangerous condition (No. 2); all fact, documents, and witnesses to support Plaintiff's dangerous condition contentions (Nos. 3-5); a description or identification of the warnings, sign postings, and main...
2020.01.23 Demurrer 185
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.01.23
Excerpt: ...ainst whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint.” (Emphasis added.) Here, the First Amended Cross-Complaint was filed on 8/28/19. The proof of service indicates service by email and mail. Yet, the instant demurrer was not filed until 48 days later on 10/15/19. Thus, the demurrer is untimely. Nonetheless, the Court, in its di...
2020.01.23 Motion to Tax Costs 566
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2020.01.23
Excerpt: ...2 are all allowable recoverable costs pursuant to C.C.P. section 1033.5(a)(1), (a)(3)(A), (a)(4), and (a)(11). As such, the burden was on Plaintiff to show that those costs were unreasonable or unnecessary which Plaintiff failed to do. (Jones v. Dumrichob (1988) 63 Cal. App. 4th 1258, 1266 [“If items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the p...
2019.9.26 Motion to Require Posting of Bond 913
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.26
Excerpt: ... plaintiff to furnish a bond to institute or maintain the action. It further provides that the motion must be based on one or both of the following grounds: (1) that there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint will benefit the corporation or its shareholders; and (2) that the moving party, if other than the corporation, did not participate in the transaction complained of in any capacity...
2019.9.26 Motion to Enter Judgment on Court's Minute Order 235
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.26
Excerpt: ...ed have been completely adjudicated by the Court, citing Koshak v. Malek (2011) 200 Cal.App.4th 1540, 1545. They argue that such an interim judgment or order is directly appealable as a collateral final judgment where: (1) the judgment or order is final as to the collateral matter; (2) the subject of the judgment or order is collateral to the general subject of the litigation; and (3) the judgment or order directs the payment of money by the appe...
2019.9.26 Motion for Summary Adjudication 138
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.26
Excerpt: ... Action for Breach of January 6, 2017 Finance Agreement: The elements of a breach of contract claim are (1) contract formation; (2) plaintiff's performance; (3) defendant's breach; and (4) resulting damages. See M. G. Chamberlain & Co. v. Simpson (1959) 173 Cal.App.2d 263, 274. Leaf has submitted evidence to show that Moran DDS admitted to signing the Finance Agreement with Moran DDS dated January 6, 2017 (“January FA”) (SSUF 1, 2, 5.) Leaf h...
2019.9.26 Demurrer 661
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.26
Excerpt: ...ow Instructions, attached and incorporated into the Complaint as Ex. “C.” This document establishes that Gutierrez, as Lee's broker, was not a party to that agreement. Further, generally, a broker is not liable for a principal's contracts. “[P]rovided the agent has actual or ostensible authority to bind the principal, the principal is identified and the agent's capacity is sufficiently indicated, only the principal and not the agent has lia...
2019.9.26 Demurrer 113
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.26
Excerpt: ...ms that the so-called Privette doctrine precludes liability against it. As with the original Complaint, the FAC alleges causes of action for general negligence and premises liability based on the death of Plaintiff's decedent, Jerry Corcoran, on 07/14/16 from a bee sting. In the previous pleading, it was established that decedent was an employee of now-dismissed defendant Altfillisch Contractors, Inc. (“ACI”), and was on defendant's construct...
2019.9.5 Motion to Stay Arbitration Proceeding 635
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.5
Excerpt: ...ation was based on an Employment Agreement dated December 2017 which contains an arbitration provision. (Notice of Lodging, Ex. 1.) The parties do not dispute that the December 2017 Employment Agreement was never signed by either Hanrahan or CAC. CAC argues that Hanrahan and CAC continued to negotiate the provisions of the Employment Agreement and CAC sent Hanrahan a new draft of the Employment Agreement on March 29, 2018. (Declaration of Andrew ...
2019.9.5 Motion for Issue, Evidentiary, or Terminating Sanctions, for Monetary Sanctions 866
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.5
Excerpt: ...e documents responsive to the moving party's requests for production. Moving party contends that Vietface Media Group, LLC has not produced two groups of documents: (1) the PlayBox records; and (2) accounts receivable and income records. Moving party contends that Vietface Media Group, LLC only produced PlayBox records that go back to August 2017 and that additional records are necessary to prove embezzlement and damages. It contends that Vietfac...
2019.9.5 Demurrer 843
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.5
Excerpt: ... 2019 and that the Court entered an order on that stipulation. She therefore contends that the filing of the instant demurrer is a breach of that agreement as well as the Court order and constitutes sanctionable conduct. Plaintiff contends that consideration was given for the stipulation because the motions were pending and there was a possibility that the Plaintiff would be given leave to amend on the motion for Judgement on the Pleadings, which...
2019.9.5 Demurrer 768
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.5
Excerpt: ...edical battery and the Fourth Cause of Action for intentional infliction of emotional distress. Regarding the Phan Defendants, their demurrers to all previously pleaded causes of action have already been overruled. However, since Plaintiff Caryn Jordan amended the complaint to add the sexual battery cause of action, the Court's previous ruling does not foreclose the Phan Defendants from filing a demurrer to that new cause of action. 3rd COA – S...

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