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2019.11.22 Motion to Transfer Action, for Sanctions 387
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.22
Excerpt: ... of Civil Procedure section 395, subdivision (a), because the individual Defendants reside in Orange County. (Opp. at p. 2; FAC, at ¶ 14.) However, the general rule applies only if no special venue rules apply. (See Cal. Judges Benchbook: Civil Proceedings Before Trial (CJER 2019) Venue § 9.5 [the phrase “except as provided by law” is “a subordinating declaration that permits application of the general venue rule of CCP § 395(a) only if ...
2019.11.22 Motion to Quash Service of Summons and Dismiss 983
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.22
Excerpt: ...��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 serve and file a notice of motion for one or more of the following purposes: (1) To quash service of the summons on the ground of lack of jurisdiction of the court over him or her. (2) To stay or dismiss the action on the ground of inconvenient forum. . . .” “On a challenge to personal jurisdiction by a ...
2019.11.22 Motion to Compel Responses 492
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.22
Excerpt: ... unopposed motions to compel responses from Defendants Estrada Trucking Company, Caleb Estrada Vasquez, Gabriel Estrada, and Romeo Estrada to special interrogatories, form interrogatories, and requests for production of documents, are granted. A propounding party may move for an order compelling responses to interrogatories at any time “[i]f a party to whom interrogatories are directed fails to serve a timely response.” (Code Civ. Proc., § 2...
2019.11.22 Motion for Terminating and Monetary Sanctions 690
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.22
Excerpt: ...1) it is not being presented primarily for an improper purpose; (2) the claims, defenses, or other legal contentions are warranted by existing law or by a nonfrivolous argument for the extension, modification or reversal of existing law or the establishment of new law; (3) the allegations and other factual contentions have evidentiary support, or if specifically so identified, are likely to have evidentiary support after a reasonable opportunity ...
2019.11.22 Demurrer 646
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.22
Excerpt: ... 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 should be overruled if the facts are presumptively within defendant's knowledge. (Khoury v. Maly's of California, Inc., supra, 14 Cal.App.4th at p. 616.) A party attacking a pleading on “uncertain...
2019.11.22 Demurrer 463
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.22
Excerpt: ...4) 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 omission of the public entity or a public employee or any other person, except as otherwise provided by statute. (Gov. Code, § 815.) “It is a well-settled rule that ‘[t]here is no common law gov...
2019.11.22 Application for Relief 770
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.22
Excerpt: ...(Govt. Code, § 900, et seq.) provides that, with certain specified exceptions, a person seeking to sue the state or a local public entity for money or damages must first present a claim to the public entity. Generally, no suit for money or damages may be brought until a timely claim has been filed and acted upon by the public entity. (Govt. Code, § 945.4.) “Under [Government Code] section 911.2, ‘[a] claim relating to a cause of action for ...
2019.11.22 Motion to Suppress and Strike Transcript of Deposition, for Summary Judgment, for Protective Order 086
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.22
Excerpt: ...iary objections in opposition to that motion. MOTION FOR PROTECTIVE ORDER AND ORDER APPOINTING DISCOVERY REFEREE Defendants Irvine Company LLC, The Irvine Company Apartment Communities, Inc., Newport Bluffs LLC, and The Newport Bordeaux Apartments' motion for protective order and order appointing a discovery referee is granted in part and denied in part. Defendants are granted four additional hours to depose Plaintiff. Further, the court will app...
2019.11.15 Motion to Intervene, Demurrer 309
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.15
Excerpt: ...tervenor shall give notice of the ruling. DEMURRER BY ESTHER ANDREWS The demurrer by Plaintiff/Cross-Defendant Esther Z. Andrews (“Ms. Andrews”) is sustained in part and overruled in part. The demurrer is overruled with respect to Defendant/Cross- Complainant Eric Hess' (“Mr. Hess”) first cause of action. The demurrer as to the second through fourth causes of action is sustained with 15 days leave to amend. The Court grants Ms. Andrews' r...
2019.11.15 Demurrer, Motion to Strike 866
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.15
Excerpt: ...ction) Plaintiff alleges each of JC Ultimate, Rogers, and Divalentin converted money belonging to Plaintiff by taking money from Plaintiff's account for their own benefit. The elements of a conversion claim are (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or disposition of property rights; and (3) damages. (Mendoza v. Rast Produce Co., Inc. (2006) 140 Cal.App.4th 1395, 1404...
2019.11.15 Demurrer 145
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.15
Excerpt: ...matter with the reply should only be permitted in the exceptional case. . ." (Ibid.) This Court exercises its discretion and declines to consider the new evidence submitted by Defendant. In any event, Plaintiff himself pled that LegalShield received notices of levy from the IRS. (FAC, ¶ 7, p. 2.) Plaintiff admits he worked for Defendant because he alleges that he earned commissions. He believes he was an independent contractor: “(I am not an e...
2019.11.1 Motion for Leave to File Amended Complaint 187
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.1
Excerpt: ... party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. (Code Civ. Proc., § 473, subd. (a)(1).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code Civ. Proc., § 473, subd...
2019.11.1 Motion for Attorney's Fees 499
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.1
Excerpt: ...subdivision (a) provides that: “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in ad...
2019.11.1 Motion to Vacate Dismissal 830
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.1
Excerpt: ... the merits of Plaintiffs' motion for reconsideration and motion to vacate and denied Plaintiffs' motion. (See ROA 303 [Minute Order].) A motion for reconsideration must be filed within 10 days of service on him of notice of entry of the order in question. (Code Civ. Proc., § 1008, subd. (a).) As provided in section 1013, the five-day extension of time for mail service applies in the absence of a specific exception. (Code Civ. Proc., § 1013, su...
2019.11.1 Motion to Compel Further Responses 083
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.1
Excerpt: ...��any incident, injury or emergency” occurring at the museum. Defendant agreed to produce responsive documents limited to those relating to choking injuries. In moving to compel a further response, Plaintiffs argue that evidence of similar accidents or injuries is relevant to prove: (1) the existence of a defective or dangerous condition; (2) the cause of the subject accident; (3) knowledge/notice of the condition; and (4) negligence in permitt...
2019.11.1 Motion to Vacate Judgment and Dismissal 590
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.11.1
Excerpt: ...and a mandatory relief component and provides, in relevant part, “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.... Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than...
2019.10.18 Motion for Summary Judgment, Adjudication 373
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.10.18
Excerpt: ...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 elements of the cause of action cannot be established or that there is a comple...
2019.10.18 Motion for Summary Judgment, Adjudication 052
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.10.18
Excerpt: ...tions to the declarations of Michael Chu and Thomas D. Shambaugh are overruled. The court notes that Defendant's separate statement fails to comply with Rule of Court 3.1350(b), because it does not “repeat, verbatim,” the specific causes of action or issues of duty from the notice of motion. Nevertheless, the Court exercises its discretion to treat the motion as one for summary judgment or summary adjudication. Applicable Law "[F]rom commence...
2019.10.18 Motion for Judgment on the Pleadings 458
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.10.18
Excerpt: ..., Plaintiff cannot file a First Amended Complaint. (Code Civ. Proc., § 472.) Therefore, the court rejects the First Amended Complaint submitted to the court on October 16, 2019. Plaintiff also requests a continuance of the hearing, asserting that counsel will be unable to physically appear for the scheduled case management conference as he will be out of state at a conference. Plaintiff's counsel was aware of the scheduled motions and the case m...
2019.10.18 Demurrer 661
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.10.18
Excerpt: ...the ruling on a demurrer, all facts pleaded in the complaint are assumed to be true. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Breach of Fiduciary Duty (First Cause of Action) Padron argues that the first cause of action is fatally deficient because it does not include Tim A. Grandcolas (“Grandcolas”), who is a necessary and indispensable party. A party is indispensable where the plaintiff seeks a type of...
2019.10.18 Demurrer 408
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.10.18
Excerpt: ...at Corte Bella (“Villas”) and as an individual. The demurrer is overruled in part and sustained in part with 30 days leave to amend. The demurrer as to the second and third causes of action is overruled. The demurrer as to the first, fourth, and fifth causes of action is sustained with 30 days leave to amend. The demurrer as to the third and fourth causes of action as to Defendant Perez only, is sustained with 30 days leave to amend. Californ...
2019.10.18 Demurrer 283
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.10.18
Excerpt: ...are hereby judicially noticed. (Evid. Code, § 452; Ellenberger v. City of Oakland (1946) 76 Cal.App.2d 828, 835.) Quiet Title/Injunctive Relief/ Declaratory Relief (Third, Fifth, and Sixth Causes of Action) The FAC alleges that the sale of the property was void for a variety of reasons including: (1) Deed of Trust was assigned to the RALI mortgage pool trust after the February 27, 2007 trust closing date (FAC, ¶¶ 17, 61, 62, 86, 97); (2) MERS ...
2019.10.11 Demurrer 453
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.10.11
Excerpt: ...atter” (also referred to as an “affirmative defense”), and thus must be specially pleaded in the answer. (See California Academy of Sciences v. County of Fresno (1987) 192 Cal.App.3d 1436, 1442 [failure to plead equitable defenses waived those defenses].) A defendant raising such new matters must allege ultimate facts sufficient to prove the defense with the same level of detail that a plaintiff is required to allege ultimate facts to suppo...
2019.10.11 Demurrer 862
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.10.11
Excerpt: ...OA 189.) First Cause of Action for Negligence The elements of a negligence cause of action are: (1) a legal duty to use due care; (2) a breach of such legal duty; and (3) the breach as the proximate or legal cause of the resulting injury. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) In the first cause of action, MR Construction alleges that Cross- Defendants including Accurate Termite: “…provided substandard work that damaged the...
2019.10.11 Motion for Reconsideration of Order of Dismissal 830
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.10.11
Excerpt: ...construe Business and Professions Code section 7031. Section 7031, subdivision (a) provides in relevant part that “no person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract for which a license is required by this chapter without alleging that he o...
2019.10.11 Motion for Sanctions 187
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.10.11
Excerpt: ...f penalties for conduct amounting to ‘misuse of the discovery process,'” which is defined in Code of Civil Procedure section 2023.030. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) “The general rule . . . is that if it is sufficiently egregious, misconduct committed in connection with the failure to produce evidence in discovery may justify the imposition of nonmonetary sanctions even absent a prior order compelling disc...
2019.10.11 Motion for Summary Judgment 906
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.10.11
Excerpt: ...]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.) 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 ...
2019.10.11 Motion to Tax Costs 789
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.10.11
Excerpt: ...r cost item was reasonable and necessary presents question of fact for trial court and its decision is reviewed for abuse of discretion].) Allowable costs must also be reasonable in amount. (Code Civ. Proc., § 1033.5, subd. (c)(3).) If the 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 party seeking to tax costs to show they were not reasonabl...
2019.1.25 Motion for Summary Judgment 857
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.1.25
Excerpt: ...tice Guide: Civil Procedure Before Trial (The Rutter Group 2016) ¶ 9:53.1a.) PPP's remaining requests for judicial notice are granted. (Evid. Code, § 452, subds. (d), (h); Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265.) Evidentiary Objections Plaintiff's evidentiary objection no. 4 to the James Smith declaration is sustained. Plaintiff's evidentiary objection nos. 1 and 2 to James Smith's supplemental declaration are su...
2019.1.25 Motion for Summary Judgment 642
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2019.1.25
Excerpt: ... 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 elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc., § 437c, subd. (p...
2018.8.10 Demurrer 086
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.10
Excerpt: ...13-cv-00093AG(DFMx) (“Federal Action”). This request is overbroad and imprecise. To the extent this request seeks for the court to take judicial notice of the entire Federal Action, the request fails to comply with California Rule of Court 3.1306(c). Defendants have only attached four documents to the request. (See Cal. Rules of Court, Rules 3.1113(l) & 3.1306(c).) Nevertheless, the court takes judicial notice of the documents attached to the...
2018.8.10 Demurrer 609
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.10
Excerpt: ...26/14 Grant Deed, and 9/13/16 Corrective Grant Deed). (Evid. Code, § 452, subds . (c) & (h).) The remainder of the request for judicial notice is denied, as 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 2014) ¶ 9.53.1a, p. 9(l)-3...
2018.8.10 Motion for Leave to File Complaint 349
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.10
Excerpt: ...rer. (Code Civ. Proc., § 473, subd. (a)(1).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code Civ. Proc., § 473, subd. (a)(1).) California courts generally allow great liberality, at all stages of the proceeding, in permit...
2018.8.10 Petition to Compel Arbitration 127
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.10
Excerpt: ...(The Rutter Group 2014) ¶ 9.53.1a p.9(l)-33.) Plaintiff and Defendant Newport Medical Group, Inc. entered into an agreement entitled “Physician Independent Contractor Agreement” (“Agreement”). The arbitration clause is found in section XIX. Section XIX provides in relevant part: “if any controversy or claim arises out of or relates to this Agreement, such controversy or claim shall be settled by arbitration in accordance with Sections ...
2018.8.3 Application for Writ of Possession 494
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.3
Excerpt: ...�� 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., the reason for defendant's detention of the property – and a declaration o...
2018.8.3 Demurrer 756
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.3
Excerpt: ... judicially noticed under Evidence Code section 452, subdivision (f) as to the existence of the recorded documents and their legal consequence. (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264.) The court may not take judicial notice of the truth of matters stated in the recorded documents. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117-1118.) The request of judicial notice is denied...
2018.8.3 Demurrer, Motion to Strike 132
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.3
Excerpt: ...e of action (buyer's damages for purchase or acquisition of property – lost profits) is sustained without leave to amend, based on the representation in the Opposition that this cause of action will be dismissed. As to the contention that each of the causes of action fails to state a claim, the Court concludes otherwise. Cross-Defendants argue facts and theories outside of the allegations of the Cross- Complaint, which cannot be considered on d...
2018.8.3 Motion for Attorneys' Fees 068
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.3
Excerpt: ...t 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 2014) ¶ 9.53.1a p.9(l)-33.) “The court shall direct that the party prevailing on any motion ... be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the ot...
2018.8.3 Motion for Leave to File Complaint 903
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.3
Excerpt: ...to deny leave in such a case, even if sought as late as the time of trial. (Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564- 565.) Prejudice exists where the amendment would result in a delay of trial, along with loss of critical evidence, added costs of preparation, increased burden of discovery, etc. (Magpali v. Farmers Group, Inc.(1996) 48 Cal.App.4th 471, 486-488; see P & D Consultants, Inc. v. City of Carlsbad (2010) 190 Cal.App.4th 1332,...
2018.8.3 Motion for Terminating Sanctions 308
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.3
Excerpt: ... judicially noticed under Evidence Code section 452, subdivision (f) as to the existence of the recorded documents and their legal consequence. (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264.) The court may not take judicial notice of the truth of matters stated in the recorded documents. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117-1118.) The request of judicial notice is denied...
2018.8.3 Motion to Compel Further Responses 261
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.3
Excerpt: ...umbers 63, 65-71, 77, and 80. Sufficient responses have already been provided. Within 15 days, Defendant Knolls West Enterprises is ordered to provide verified, further responses to numbers 1, 19, 53, 61, 62, 76, and 79, as set forth below. Numbers 1, 19, and 53 In the supplemental responses for numbers 1, 19, and 53, some of the witnesses' contact information provided were to post office boxes. Plaintiff's counsel is understandably concerned tha...
2018.8.3 Motion to Reopen Discovery 827
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.3
Excerpt: ...ady passed. The statutes setting time limits on discovery should be construed in a way which is consistent with the overall purposes of discovery which are well known. They are intended, among other things, to assist the parties and the trier of fact in ascertaining the truth; to encourage settlement by educating the parties as to the strengths of their claims and defenses; to expedite and facilitate preparation and trial; to prevent delay; and t...
2018.8.3 Petition to Compel Arbitration 062
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.8.3
Excerpt: ...ia Medical Malpractice Voluntary Binding Arbitration Agreement” and “California Voluntary Binding Arbitration Agreement.” (Exhs. B and C to Thacker Decl.) Exhibit B includes the following relevant provisions (emphasis added): Article I: It is understood that any dispute as to medical malpractice (that is, whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incomplete...
2018.7.30 Motion to Compel Deposition 724
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.7.30
Excerpt: ...located at 14077 Peyton Drive, Chino Hills, CA 91709 on April 30, 2018. Ms. Jin failed to appear for her deposition on May 18, 2018. Plaintiffs/Cross- Defendants' counsel met and conferred with no response. If a nonparty disobeys a deposition subpoena, the subpoenaing party may seek a court order compelling the nonparty to comply with the subpoena under either Code of Civil Procedure section 2025.480 (applicable to depositions generally) or Code ...
2018.7.30 Motion for Terminating Sanctions 876
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.7.30
Excerpt: ...ly, discovery sanctions should be tailored with the goal of remedying the offending party's discovery abuse. (Karlsson v. Ford Motor Co. (2006) 140 Cal.App.4th 1202, 1217.) On April 20, 2018, the court ordered Defendant Steven Coe to provide written responses to Requests for Production of Documents, Set One, without objections, within 20 days of notice of the ruling. On April 20, 2018, Plaintiff served Defendant with a notice of the ruling. Altho...
2018.7.30 Motion for Terminating Sanctions 091
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.7.30
Excerpt: ...se 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, continued failure to respond may result in the imposition of more severe sanctions. (Code Civ. Proc., §§ 2030.290, subd. (c) [interrogatories], 2031.300, subd. (c) [requests for production]; see Weil & Brown, Cal. Practice Guide: Civil Procedure Before...
2018.7.6 Motion for Attorney Fees, for Judgment Notwithstanding Verdict 692
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.7.6
Excerpt: ...een granted. (Code Civ. Proc., § 629.) The purpose of a motion for JNOV is not to afford a review of the jury's deliberations, but to prevent a miscarriage of justice in a case in which the verdict rendered is without foundation. (Oakland Raiders v. Oakland-Alameda County Coliseum, Inc. (2006) 144 Cal.App.4th 1175, 1194.) Given the constitutional right to a jury trial, a court has limited discretion to grant a motion for JNOV. (Fountain Valley C...
2018.7.6 Demurrer, Motion to Strike 261
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.7.6
Excerpt: ...cal services, as required to state a cause of action under Welfare and Institutions Code section 15610. (Carter v. Prime Healthcare Paradise Valley, LLC (2011) 198 Cal.App.4th 396, 407- 410.) As to the second cause of action for negligent hiring and supervision, there are no allegations that any particular employee presented a particular risk of the alleged harm. Furthermore, should the Complaint be amended, a broad allegation that all employees ...
2018.7.6 Demurrer, Motion to Strike 132
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.7.6
Excerpt: ... “preposterous,” the allegation that the description of a different property in the MOU was a clerical error. This allegation is one of fact that cannot be decided on a demurrer. As to the contention that each of the causes of action fails to state a claim, the Court concludes otherwise. Cross-Defendants argue facts and theories outside of the allegations of the Cross-Complaint, which cannot be considered on demurrer. (Ion Equipment Corporati...
2018.7.6 Demurrer 729
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.7.6
Excerpt: ...total of the assets and liabilities of a decedent, or of an incompetent, or of a bankrupt.” (Ibid.) Although the Caption lists the Estate as a party, the body of the Complaint (¶¶ 12-15) show that Plaintiff Justiniani is the personal representative of the Estate. Although the personal representative may sue on behalf of the estate and its heirs, the suit may not be brought in propria persona unless the personal representative is a licensed at...

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