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2019.9.19 Motion for Summary Judgment, Adjudication 438
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.19
Excerpt: ...yptus tree that fell on their vehicle was a dangerous condition on Homeowners' property, for which it is liable. Homeowners' notice of motion states that it did not breach a duty to Plaintiffs because it (1) had no notice of a defective or dangerous condition, (2) there was no opportunity for it to warn or cure the condition, and (3) Plaintiffs' damages were the result of an act of God. Summary judgment is to be granted if all submitted papers sh...
2019.9.19 Demurrer, Motion to Strike 276
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.19
Excerpt: ...ion, Inc.'s Complaint. Code Civ. Proc. §§ 430.10(e) and (f). Defendants' request for judicial notice of Ex. A is GRANTED. First Cause of Action for Breach of Contract: “To state a cause of action for breach of contract, a party must plead the existence of a contract, his or her performance of the contract or excuse for nonperformance, the defendant's breach and resulting damage.” (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, ...
2019.9.12 Motion to Strike, OSC Re Sanctions 338
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.12
Excerpt: ...ted evidence to show that this matter was previously removed to federal court where SLS filed a motion for judgment on the pleadings. (Declaration of Andrew Mase (“Mase Decl.”), ¶ 5.) While SLS's motion for judgment on the pleadings was pending, Plaintiff and SLS stipulated to dismiss the federal claims from the First Amended Complaint and to remand the case to state court where Plaintiff could file a SAC. (Mase Decl., ¶ 5.) On 05/28/19, Pl...
2019.9.12 Motion to Compel Further Responses 650
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.12
Excerpt: ...verified responses/objections to each set somewhere around 03/11/19. (It is unclear to the Court exactly when, because Plaintiff's counsel does not attach proofs of service to same.) (See Mokri Decl., Exs. E-H.) Plaintiff provided a mixture of unverified responses and objections to the Form Interrogatories, Special Interrogatories, and RPDs. However, her responses to the RFAs consisted entirely of objections. (Id., Ex. G.) On 06/02/19, Plaintiff ...
2019.9.12 Motion to Amend Judgment 561
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.12
Excerpt: ... 187 grants to every court the power to use all means to carry its jurisdiction into effect, even if those means are not specifically pointed out in the Code. NEC Electronics v. Hurt (1989) 208 Cal.App.3d 772, 778. This section grants the Court the authority to amend a judgment to add additional judgment debtors. Id. Judgments are often amended to add additional judgment debtors on the grounds that a person or entity is the alter ego of the origi...
2019.9.12 Motion for Protective Order 736
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.12
Excerpt: ... case, and harassing given the proximity to the parties' mediation. In order to obtain a protective order with respect to both special interrogatories and RPDs, a responding party must “promptly” move for one upon good cause shown, and the motion must be accompanied by a meet and confer declaration. See Code Civ. Proc. §§2030.090(a) & 2031.060(a). Here, Defendant concedes that the discovery was served on 04/29/19. Yet, Defendant did not eve...
2019.9.12 Motion for Leave to File Amended Complaint 024
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.12
Excerpt: ... section 2698 provides: “Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and o...
2019.9.12 Demurrer 774
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.12
Excerpt: ... (1993) 14 Cal. App. 4th 1595, 1606-7, the court found that any claim against an employer for negligence in connection with alleged sexual harassment and wrongful termination of the employee was barred by the workers' compensation exclusivity principle. Further, in Cole v. Fair Oaks Fire Protection Dist. (1987) 43 Cal. 3d 148, 152, the court concluded that “when the employee's claim is based on conduct normally occurring in the workplace, it is...
2019.9.12 Demurrer 154
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.12
Excerpt: ...ctors or officers and failed to allege facts which demonstrate “foreseeability of harm.” Defendant cites no authority within this portion of its Demurrer and does not establish the allegations it asserts are missing, or are required elements of either claim. “Generally speaking, an assault is a demonstration of an unlawful intent by one person to inflict immediate injury on the person of another then present.” (See Plotnik v. Meihaus (201...
2019.9.12 Demurrer 045
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.9.12
Excerpt: ...otherwise. The First Amended Complaint alleges that moving Defendant was the loan servicer for Plaintiffs' loan “from approximately mid-2016 through mid-2017.” (FAC, ¶ 23.) It alleges that, during the time that moving Defendant serviced the loan, it “demonstrated a lack of due care by reviewing Plaintiffs only for HAMP loan modification of the loan despite the fact that Plaintiffs' original loan amount of $763,000.00 put them over the limi...
2019.8.29 Demurrer 822
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.8.29
Excerpt: ...ct or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first.” Moving Cross-Defendants contend that any representation of the Cross-Complainan...
2019.8.29 Motion for Protective Order 722
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.8.29
Excerpt: ... trial, and set a new trial date of 12/02/19. While the Court kept the present motion on calendar, it ordered the parties to meet and confer regarding the outstanding discovery issues. It is unclear as yet whether such efforts have been undertaken by the parties, but as a practical matter, such efforts would go a long way to resolving the issues presented by this motion. The Court addresses the substance of the motion nonetheless. The motion conc...
2019.8.29 Motion to Stay Proceedings 352
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.8.29
Excerpt: ...eclared that “trial courts have inherent authority to stay malpractice suits, holding them in abeyance pending resolution of underlying litigation.” See Adams v. Paul (1995) 11 Cal.4th 583, 593 (quoted in Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194, 1211). Defendants' contention is that the appeal of the underlying judgment in this case could either substantially impact or moot altogether the claims made by Plaintiffs in this case. Plain...
2019.8.29 Motion to Strike 963
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.8.29
Excerpt: ...ing evidence that the defendant has been guilty of oppression, fraud, or malice, as those terms are defined in subdivision (c) of the Code section. Both “malice” and “oppression” require either an intent to injure, or evidence of “despicable conduct.” Id. at subds.(c)(1) & (2). Regarding “fraud,” Plaintiff must allege “an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the int...
2019.8.22 Motion to Strike Complaint 650
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.8.22
Excerpt: ...omplaint was untimely when filed on 05/10/19 (albeit by one day). Additionally, Plaintiff argues that the Cross-Complaint is inconsistent with Khalili's previous contention that Plaintiff is not the successor-in-interest to the decedent, Tony Steed. At the outset, the Court presumes that Plaintiff seeks to strike the entirety of the Cross-Complaint because Plaintiff has not, in the notice of motion, “quoted in full [any] portions” of the Cros...
2019.8.22 Motion to Stay Civil Action 489
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.8.22
Excerpt: ...lel criminal proceeding should be made 'in light of the particular circumstances and competing interests involved in the case.' This means the decisionmaker should consider 'the extent to which the defendant's fifth amendment rights are implicated.' In addition, the decisionmaker should generally consider the following factors: (1) the interest of the plaintiffs in proceeding expeditiously with this litigation or any particular aspect of it, and ...
2019.8.22 Demurrer 898
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.8.22
Excerpt: ...wife, Martha Ward, must be added as a defendant, and has agreed to do so. Therefore, any demurrers based upon her status as an indispensable party are MOOT. Further, the Court finds the demurrers to the First and Section Causes of Action based on the Statute of Frauds to be procedurally improper. “A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any por...
2019.8.22 Demurrer 502
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.8.22
Excerpt: ... action is for breach of fiduciary duty and is brought by individual Plaintiffs Michael Alladawi and Nour Khedraki against moving Defendants John Warren and Barbara Milbert and several Co-Defendants. The moving Defendants contend that this cause of action is defective because there are no facts showing that they owed a fiduciary duty to these Plaintiffs or that they breached one. Before a person can be charged with a fiduciary obligation, he or s...
2019.8.8 Demurrer 185
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.8.8
Excerpt: ...se of action for breach of contract, seeks the same damages and is therefore improper, citing Careau & Co. v. Security Pacific Bus. Credit, Inc. (1990) 222 Cal.App.3d 1371. Careau held that a breach of the implied covenant involves something beyond breach of the contractual duty itself and involves unfair dealing rather than mistaken judgment. Id. at p. 1394. It stated that the allegations “must show that the conduct of the defendant, whether o...
2019.7.25 Motion to Strike 408
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.7.25
Excerpt: ...n or free speech under the United States Constitution or the California Constitution in connection with a public issue. Bergstein v. Stroock & Strook & Lavan LLP (2015) 236 Cal.App.4th 793, 803. The anti-SLAPP law involves a two-step process for determining whether a claim is subject to being stricken. Hylton v. Frank E. Rogozienski, Inc. (2009) 177 Cal.App.4th 1264, 1271. In the first step, the defendant bringing an anti-SLAPP motion must make a...
2019.7.25 Motion for Summary Judgment 866
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.7.25
Excerpt: ...a Group, LLC, Viet Performing Arts Center, Inc., Vietface Shopping Networks, Inc., and Vietface Foundation, Inc. purport to join the motion and alternative motion. However, there is nothing before the Court discussing the propriety of the joinder, and a Court may not grant a party's motion to join another party's summary judgment motion unless the joining party has submitted its own separate statement with the joinder. Frazee v. Seely(2001) 95 Ca...
2019.7.25 Motion for Summary Judgment 850
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.7.25
Excerpt: ... resulting damages to plaintiff. (Reichert v. General Insurance Co.(1968) 68 Cal. 2d 822, 830.) Here, Plaintiff has established a prima facie case by showing that each element for a breach of contract cause of action has been met. There was a contract between Reprime and Assignor for the lease of equipment ( the “Lease”). (UMF 1-3.) Thereafter, Assignor sold/assigned the Lease to Plaintiff (the “Assignment”). (UMF 4-5.) Assignor and Plain...
2019.7.25 Motion for Summary Judgment 748
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.7.25
Excerpt: ...et the standard of care in performing the procedure, and that their conduct did not cause Plaintiff's injury. Dr. Ruffalo attests that he has reviewed Plaintiff's treatment records from University of California Irvine, and the records reviewed are attached to the motion. Medical records may be used as the basis for an expert medical opinion, but they must be attached and properly authenticated. Otherwise, an expert medical opinion lacks an eviden...
2019.7.25 Motion for Summary Adjudication 748
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.7.25
Excerpt: ...named in the Tenth Cause of Action. The Tenth Cause of Action names “all Defendants.” But at best, Plaintiff directs his motion only to Inc. and perhaps also the conduct of Phillip Fusco. There is no evidence presented against Shokoufeh Fusco, Stephen Fusco, or Antonio Bevaqua. The Court notes three other problems that are not addressed by the parties in the briefing. First, Stephen Fusco and Antonio Bevaqua, though named as Doe defendants on...
2019.7.25 Demurrer 498
Location: Orange County
Judge: Lee, Richard
Hearing Date: 2019.7.25
Excerpt: ...ce, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” Oasis W. Realty, LLC v. Goldman (2011) 51 Cal. 4th 811, 821. A demurrer lies where “[i]n an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is written, is oral, or is implied in fact.” Code Civ. Proc. § 430.10(g). Here, Defendant argues that Plaintiff's breach of contract cause of action (1) fails to allege that a co...

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