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2020.01.24 Demurrer, Motion to Strike 619
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.24
Excerpt: ...ere, as here, the running of the statute clearly and affirmatively appears from the dates alleged in the Complaint, the Plaintiffs bear the burden of pleading and proving they did not discover, or have reason to discover, the claim sooner. (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1472 [internal citations omitted].) In addition, “plaintiff also must plead ‘facts showing that he was not negligent in failing to make the discovery...
2020.01.24 Motion to Compel Further Responses 932
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.24
Excerpt: ...S Plaintiff moves to compel further response to request for admission no. 1. The court exercises its discretion to consider the parties' untimely filed opposition and reply to the motion to compel further response to request for admission. Pursuant to Code of Civil Procedure section 2033.290, subdivision (a), a party may move for an order compelling a further response to requests for admission if that party deems that either or both of the follow...
2020.01.17 Motion to Compel Compliance with Subpoena 798
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.17
Excerpt: ...for release of records. The motion is granted in part. The motion was properly served upon Bonar Law Group. No opposition was filed by Bonar Law Group. Plaintiff opposed the motion, but only as to the request for an order compelling him to execute authorization for release of records. Here, the subpoena seeks non-privileged records. (See Exh. B.) Therefore, Bonar Law Group's concerns of attorney-client privilege and attorney work product, are unw...
2020.01.17 Motion for Terminating Sanctions 725
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.17
Excerpt: ...bey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evidence sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) Once a party is ordered by the court to provide responses to discovery, ...
2020.01.17 Motion for Summary Judgment 751
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.17
Excerpt: ...y judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A "party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . ." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) "A p...
2020.01.17 Motion for Summary Judgment 117
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.17
Excerpt: ... motion for summary judgment. The requests are denied. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9:53.1a.) Plaintiff's Separate Statement is Noncompliant Plaintiff filed a document entitled “Plaintiff Jason Gardner's...
2020.01.17 Motion for Protective Order 404
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.17
Excerpt: ...Civ. Proc., § 2025.420, subd. (a).) The motion shall be accompanied by a meet and confer declaration under Code of Civil Procedure section 2016.040. (Code Civ. Proc., § 2025.420, subd. (a).) The court, for good cause shown, may make any order that justice requires to protect any party “from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420, subd. (b).) The protective order may i...
2020.01.17 Motion for Leave to File Amended Complaint 013
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.17
Excerpt: ...rt a meritorious cause of action or defense. The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice 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...
2020.01.10 Motion for Summary Judgment, Adjudication 690
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.10
Excerpt: ...essary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima ...
2020.01.10 Motion for Summary Judgment 129
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.10
Excerpt: ...ld Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for summary judgment satisfies his ...
2020.01.10 Demurrer 237
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.10
Excerpt: ...p. (2015) 242 Cal.App.4th 651, 659-660.) However, the truth of statements “may be accepted when made by a party but not those of third parties or an opponent.” (C.R. v. Tenet Healthcare Corp. (2009) 169 Cal.App.4th 1094, 1103.) In addition, “the contents of a document may only be accepted ‘where there is not or cannot be a factual dispute concerning that which is sought to be judicially noticed.'…And the general rule is that the truthfu...
2019.9.27 Motion to Strike All Causes of Action 635
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.27
Excerpt: ...connection with a public issue is subject to a special motion to strike unless the plaintiff demonstrates a probability of prevailing on the claim. (Code Civ. Proc., § 425.16, subd. (b)(1); Finton Construction, Inc. v. Bidna & Keys, APLC (2015) 238 Cal.App.4th 200, 208.) An “ ‘act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue' includes: (1) a...
2019.9.27 Motion for Summary Judgment, Adjudication 765
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.27
Excerpt: ...for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more el...
2019.9.27 Motion for Copies and Giving Notice 983
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.27
Excerpt: ...nsel or access to California law books. He does not have funds to make copies of court documents for service of process on the two defendants. (Mot. at pp. 2 & 3 of 4.) Although not addressed by Plaintiff in the motion, it appears that Plaintiff is presently incarcerated. On July 31, 2019, the Court granted Plaintiff's request for a fee waiver. (Register of Action [“ROA”] 6.) An indigent prisoner who initiates a bona fide civil action has a r...
2019.9.20 Motion to Quash Service of Summons 978
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.20
Excerpt: ...lish “constitutionally cognizable” minimum contacts by a preponderance of the evidence. (Thompson v. Anderson (2003) 113 Cal.App.4th 258, 266.) A trial court has the discretion to continue the hearing on a motion to quash service of summons for lack of personal jurisdiction to allow a plaintiff to conduct discovery on the jurisdictional issues presented by the motion. (HealthMarkets, Inc. v. Superior Court (2009) 171 Cal.App.4th 1160, 1173.) ...
2019.9.20 Motion to Compel Further Responses 671
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.20
Excerpt: ...132, 135, 136, 139, 140, 143, 144, 147, 150, 153, 156, 159, 162, 163, 166, 169, 172, 173, 176, 179, 182, 185, 188, 191, 192, 195, 198, 201, 204, 207, and 214. The motion is granted as to nos. 215-223. Floorit's motion to compel further interrogatory responses from Cross-Defendant John Thompson is denied. OC Autosource SI Nos. 1, 4, 7, 10, 13, 16, 19, 22, 25, 28, 31, 34, 37, 40, 43, 46, 49, 52, 55, 58, 61, 64, 67, 70, 73, 76, 79, 82, 85, 88, 91, 9...
2019.9.20 Motion to Strike Punitive Damages 678
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.20
Excerpt: ...ssion, fraud, or malice. “Malice” means conduct that is intended to cause injury or despicable conduct that is carried on with a willful and conscious disregard of the right and safety of others. (Civ. Code, § 3294, subd. (c)(1).) At the pleading stage, the complaint must allege facts supporting circumstances of oppression, fraud, or malice. (See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166.) Allegations of intoxication, without ...
2019.9.20 Motion to Quash Subpoena Duces Tecum 972
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.20
Excerpt: ...objection to Adam Sorini's report. A deposition subpoena is the proper tool to obtain discovery from a nonparty to the action. (Code Civ. Proc., § 2020.220, subd. (c)(2).) Either the nonparty witness who has been subpoenaed, or any party to the action, may challenge the deposition subpoena. (Code Civ. Proc., § 1985.3, subd. (g).) Code of Civil Procedure section 1987.1, subdivision (a) provides: “If a subpoena requires the attendance of a witn...
2019.9.20 Motion to Stay Instant Action 201
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.20
Excerpt: ...for judicial notice of the following documents filed in Saurman, et al. v. Gnirob Capital Corporation, et al. (Orange County Superior Court case no. 30-2015-00784439 [“the Related Case”): the complaint, order denying motion for judgment notwithstanding the verdict and granting in part motion for new trial, the notice of appeal, and Rucci Declaration. Plaintiff's request for judicial notice of the First Amended Complaint filed in the instant a...
2019.9.20 Motion to Strike Punitive Damages 840
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.20
Excerpt: ...able conduct that is carried on with a willful and conscious disregard of the right and safety of others. (Civ. Code, § 3294, subd. (c)(1).) At the pleading stage, the complaint must allege facts supporting circumstances of oppression, fraud, or malice. (See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166.) Allegations of intoxication, without more, do not state a claim for punitive damages. (Dawes v. Superior Court (1980) 111 Cal.App.3...
2019.9.13 Petition to Compel Arbitration 400
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.13
Excerpt: ...alleges Defendants breached various “statutory and common law duties” owed to Decedent, which ultimately led to her death on October 31, 2018. Plaintiff's wrongful death claim is premised on the same alleged breaches of “statutory and common law duties” owed to Decedent that are alleged in the survivor claims (i.e., the first, second third, and fifth causes of action). (Compl., at ¶¶ 97- 102.) Defendants contend that “all of Plaintiff...
2019.9.13 Motion to Strike Punitive Damages 840
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.13
Excerpt: ...ble conduct that is carried on with a willful and conscious disregard of the right and safety of others. (Civ. Code, § 3294, subd. (c)(1).) At the pleading stage, the complaint must allege facts supporting circumstances of oppression, fraud, or malice. (See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166.) Allegations of intoxication, without more, do not state a claim for punitive damages. (Dawes v. Superior Court (1980) 111 Cal.App.3d...
2019.9.13 Motion to Quash Subpoena 296
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.13
Excerpt: ...y 3, 2019. However, Ms. Acosta has not obtained, through a motion or an ex parte application, an order substituting her as Plaintiff's personal representative or successor in interest. (Code Civ. Proc., § 377.31.) Plaintiff's evidentiary objection numbers 1 and 2 are sustained. Plaintiff's evidentiary objection number 3 is overruled. The Court considered the corrected declarations of Jan P. Abbs and James W. Convy. Code of Civil Procedure sectio...
2019.9.13 Motion to Compel Arbitration 684
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.13
Excerpt: ...rate 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. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and th...
2019.9.13 Motion for Summary Judgment 792
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.9.13
Excerpt: ...on to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) Applicable Law “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one t...
2019.8.30 Motion to Compel Production of Vehicle 020
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.8.30
Excerpt: ...tle holder of the vehicle, was present at the inspection site and had consented to the inspection prior to July 8, 2019. (Hansen Decl., ¶ 21.) Plaintiff contends the inspection was cancelled because of a misunderstanding regarding whether the keys to the vehicle were available. (Pastore Decl., ¶¶ 9-11, and 13, Exh. 3.) Plaintiff offered no explanation as to why Plaintiff's counsel cancelled the inspection without confirming the keys were not a...
2019.8.30 Demurrer 536
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.8.30
Excerpt: ...dicial notice of Craig J. Beauchamp's biography page on Plaintiffs' former counsel's website, the stipulation regarding their former counsel's suspension, and records in four other matters in which Plaintiffs have filed actions against storage companies. (Soukup v. Law Offices of Herbert Hafif (2006) 39 Cal.4th 260, 295, fn. 21.) Business and Professions Code section 17200, et seq. (“UCL”) prohibits unfair competition, including unlawful, unf...
2019.8.30 Demurrer 463
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.8.30
Excerpt: ...v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 966-967.) But allegations consisting of contentions, deductions, or conclusions of law are not. (Verizon California Inc. v. Board of Equalization (2014) 230 Cal.App.4th 666, 681; Kiseskey v. Carpenters' Trust for So Cal. (1983) 144 Cal.App.3d 222, 228.) Pursuant to Government Code section 815, subdivision (a), a public entity is not liable for an injury, whether such injury arises out of an act or ...
2019.8.30 Application for Writ of Possession 199
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.8.30
Excerpt: ...ability of the information. The application must show the following elements:  right to possession, i.e., plaintiff must show the evidence forming the basis of a claim for possession; if based on a written document, the document should be attached (Code Civ. Proc., § 512.010, subd. (b)(1))  defendant's possession, i.e., how it came into possession of the property  defendant's wrongful detention  defendant's reason for possession, i.e...
2019.8.23 Demurrer 891
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.8.23
Excerpt: ...trictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) A demurrer for uncertainty sho...
2019.8.16 Demurrer, Motion to Strike 248
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.8.16
Excerpt: ...ney v. Baker (1999) 20 Cal.4th 23, 33.) Pursuant to Welfare and Institutions Code section 15610.57, neglect means the “negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.” The statute lists examples of neglect. (See, e.g., Welf. & Inst. Code, §§ 15610.57(b)(1) [failure to assist in personal hygiene, or in the p...
2019.8.9 Motion for Leave to File Amended Complaint 690
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.8.9
Excerpt: ...on will usually be exercised liberally so as not to deprive a party of the right to assert a meritorious cause of action or defense. The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of th...
2019.8.9 Demurrer 672
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.8.9
Excerpt: ... Chris Pappas, Mark Serventi, and Ralph Nudo (collectively, the “Lessees”) allege that Cross-Defendants published false, “libelous statements” about the Lessees to Lessor in an email dated December 5, 2015. (FACC at ¶¶ 53-36, Exh. 5.) Lessees further allege that, as a result of the publication of those “libelous statements,” Lessor was induced to breach a “right of first refusal” provision in the lease agreement between him and ...
2019.8.2 Motion to Transfer Venue 107
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.8.2
Excerpt: ...oe City is an unincorporated community located in Placer County, California. Defendant's motion is timely. (Code Civ. Proc., § 396b, subd. (a).) Defendant has presented evidence that he resides in San Mateo County and that the promissory note was not entered into in Orange County. (Reyff, Jr. Decl., at ¶¶ 2, 5-7.) As to where the contract was to be performed, the place of making is deemed to be the place of performance unless a different place...
2019.8.2 Motion to Compel Further Responses 613
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.8.2
Excerpt: ...ing him to record his medical expert's examination of Plaintiff, Plaintiff recorded it. Thus, Plaintiff created a document with information relevant to this case. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants(2007) 148 Cal. App. 4th 390, 402.) Code of Civil Procedure section 2017.010 provides that any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pe...
2019.8.2 Motion for Terminating Sanctions 830
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.8.2
Excerpt: .... (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evidence sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bent...
2019.8.2 Motion to Seal Portion of Exhibit Previously Filed with Motion for Summary Judgment or Adjudication 127
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.8.2
Excerpt: ...icient to justify the sealing.” (Cal. Rules of Court, Rule 2.551(b)(1).) The court may order that a record be filed under seal only if expressly finds that the requirements of Rule 2.550(d) have been met. (Cal. Rules of Court, Rule 2.550(d).) The sealing rules, however, are inapplicable to “discovery motions and records filed or lodged in connection with discovery motions or proceedings,” unless the “discovery materials” are “used at ...
2019.7.26 Demurrer 672
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.7.26
Excerpt: ...ause of Action for Breach of Contract The Lessees allege Lessor breached the parties' restaurant lease (the “Lease”) by failing and refusing to offer Lessees the “right of first refusal” to renew their lease of the property located at 2318 West Newport Blvd., in Newport Beach, which is operated as a restaurant. The “right of first refusal” can be found in Article XX, section 20.02 of the Lease, under the heading, “Lessee's Rights Ex...
2019.7.26 Demurrer 233
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.7.26
Excerpt: ...o Determine the Construction, Validity, Ascertainment of Beneficiaries and Removal of Trustee; (2) Statement of Decision of the Court issued 1/28/19; and (3) Notice of Appeal filed by Respondent Veronica Orozco. Defendants' special demurrer is on the ground of another pending action, pursuant to Code of Civil Procedure section 430.10, subdivision (c). “A plea in abatement pursuant to section 430.10, subdivision (c), may be made by demurrer or a...
2019.7.26 Motion for Leave to File Amended Complaint 613
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.7.26
Excerpt: ... to amend pleadings are directed to the sound discretion of the court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” (Code Civ. Proc., § 473, subd. (a)(1); see also Code Civ. Proc., § 576.) The court's discretion will usually be exercised liberally so as not to deprive a party of the right to assert a meritorious cause of action or defense. The policy favoring amendment i...
2019.7.26 Motion for Summary Judgment 074
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.7.26
Excerpt: ...re Before Trial (The Rutter Group 2017) ¶ 9.53.1a.) APPLICABLE LAW The standard governing motions for summary judgment and summary adjudication is settled. “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima faci...
2019.7.26 Motion to Compel Medical Exam 457
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.7.26
Excerpt: ...h a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code Civ. Proc., § 2032.220, subd. (a).) The physical examinat...
2019.7.19 Motion to Strike 295
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.7.19
Excerpt: ...defense and allegations “neither pertinent to nor supported by an otherwise sufficient claim or defense.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2019) ¶ 7:178.) Defendant moves to strike paragraphs 7, 8 and 9 of the Complaint because they concern “damage purportedly caused to Plaintiff's property in 2003 and repairs that were made in 2004.” Defendant contends these allegations are subject to a ...
2019.7.12 Motion to Quash Service of Summons and Complaint 978
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.7.12
Excerpt: ... ground that the court lacks jurisdiction over defendant. (Code Civ. Proc., § 418.10, subd. (a)(1).) “Where a nonresident defendant challenges jurisdiction by way of a motion to quash, the plaintiff bears the burden of establishing by a preponderance of the evidence that minimum contacts exist between the defendant and the forum state to justify imposition of personal jurisdiction.” (Elkman v. Nat. States Ins. Co. (2009) 173 Cal.App.4th 1305...
2019.7.12 Motion to Quash Service of Summons 431
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.7.12
Excerpt: ...ositions were properly and timely served. Hospital submitted a timely reply to the initial opposition and did not object to the initial opposition on the ground of improper service. The Court declines to consider the amended oppositions. Code of Civil Procedure section 418.10, subdivision (a) provides: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serv...
2019.7.12 Motion for Evidentiary or Issue Sanctions 280
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.7.12
Excerpt: ...as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2030.220, subd. (a).) To the extent Defendant was purporting to exercise Code of Civil Procedure section 2030.230, Defendant has not shown that the option was available or appropriate. Defendant is ordered to provide a further responses to form interrogatory no. 17.1, subpart (b), within five days of the notice of rulin...
2019.7.12 Motion for Attorney Fees 678
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.7.12
Excerpt: ...need not rule on Defendant's objections to the evidence. Attorney's Fees Plaintiff as the prevailing party is entitled to recover for hours reasonably spent in the litigation. (See Ketchum v. Moses (2001) 24 Cal.4th 1122, 1133.) It is within the court's discretion to decide which of the hours expended by the attorneys were “reasonably spent” on the litigation. (Meister v. Regents of University of California (1998) 67 Cal.App.4th 437, 449.) Ad...
2019.7.12 Demurrers 533
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.7.12
Excerpt: ...cts complained of.” (Winding Creek v. McGlashan (1996) 44 Cal.App.4th 933, 941.) Defendants TD Bank USA, N.A. and Capital One Bank (USA) were named as DOE Defendants. There are no allegations in the Complaint as to Defendants TD Bank USA, N.A. and Capital One Bank (USA) or that they were responsible in some way for the acts complained of. Because the alleged facts in the Complaint only concern certain Defendants, Defendants TD Bank USA, N.A. an...
2019.7.12 Demurrer 358
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.7.12
Excerpt: ...� 452, subd. (d).) Accounting The superior court sitting in probate has exclusive jurisdiction over proceedings concerning the “internal affairs” of trusts. (Estate of Bowles (2008) 169 Cal.App.4th 684, 695; Prob. Code, § 17200, subd. (a).) Settling accounts and passing upon acts of the trustee are exclusively within the jurisdiction of the probate court, and not concurrent with the court's civil department. (Prob. Code, § 17200, subd. (b)(...
2019.6.7 Special Motion to Strike 551
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.6.7
Excerpt: ...Amendment rights.” (Finton Construction, Inc. v. Bidna & Keys, APLC (2015) 238 Cal.App.4th 200, 208.) The motion may be used to attack portions of a cause of action, even if the motion does not defeat the entire purported cause of action. (Baral v. Schnitt (2016) 1 Cal.5th 376, 393.) However, if the allegations are “merely incidental” or “collateral” to the claim, in the first instance, i.e., “they merely provide context, without supp...

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