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2018.5.25 Application for Right to Attach Order 947
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.5.25
Excerpt: ...er Industries v. Turbulence, Inc. (1985) 175 Cal.App.3d 532, 535.) “‘[A]ttachment procedures are solely creatures of statute and ... such statutes must be strictly construed.'” (Bank of America v. Salinas Nissan, Inc. (1989) 207 Cal.App.3d 260, 270 [citing Arcata Publications Group v. Beverly Hills Publishing Co. (1984) 154 Cal.App.3d 276, 279].) An act beyond those limits is in excess of its jurisdiction and void. (Pacific Decision Science...
2018.5.11 Motion for Summary Adjudication 091
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.5.11
Excerpt: ...0.) 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. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) “A court identifies the issues framed by the pleadings, determines whether the moving party's showing has established facts which negate the...
2018.5.11 Demurrer 438
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.5.11
Excerpt: ...est for judicial notice of a declaration of Defendant Lal in support of an opposition to a preliminary injunction in another case, is denied as irrelevant. (Soukup v. Law Offices of Herbert Hafif (2006) 39 Cal.4th 260, 295, fn. 21 [“court need not take judicial notice of irrelevant court records”].) Uncertainty The special demurrer on the grounds of uncertainty is sustained with 15 days leave to amend only as to the first cause of action. A d...
2018.5.11 Motion to Set Aside Dismissal 574
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.5.11
Excerpt: ...“statement of facts” are not evidence and cannot provide basis for granting motion].) Here, the Memorandum of Points and Authorities explains that Plaintiffs' counsel only intended to dismiss DOES 5- 50. But, the Declaration of Allen Feghali filed in support of this Motion does not state this key fact. Instead, it discusses unrelated parties in an unrelated case. The court cannot grant either mandatory or discretionary relief pursuant to Code...
2018.4.27 Motion for Terminating Sanctions 913
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.27
Excerpt: ... (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 Trial (The Rutter Group 2017) ¶ 8:852.) The moving party need only show the failure to ...
2018.4.27 Motion for New Trial 498
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.27
Excerpt: ... (7).) As an initial matter, Defendants' memorandum of points and authorities fails to comply with California 3.113(d), as it is over-sized (3.5 pages too long) and Defendants did not first seek leave of court to file it. Nevertheless, the court considered the memorandum of points and authorities. A court may grant a new trial based on excessive damages. (Code Civ. Proc., § 657, subd. (5).) However, “[a] new trial shall not be granted . . . up...
2018.4.27 Motion for Summary Judgment 427
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.27
Excerpt: ...ions. 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 that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for summary...
2018.4.27 Motion to be Relieved as Counsel 175
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.27
Excerpt: ..., LLC and Luminance Health Group, Inc. An automatic bankruptcy stay is in effect and remains in effect until the earliest of: dismissal of the case; closing of the case; discharge of the debtor is entered; or entry of an order terminating, vacating, or modifying the automatic stay. (11 U.S.C. § 362, subd. (c).) There is no indication that Defendants' counsel has obtained relief with the bankruptcy court from the automatic stay to pursue the moti...
2018.4.20 Motion to Compel Production of Docs, Further Deposition 978
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.20
Excerpt: ... of sanctions. Monetary sanctions of $735 are awarded in favor of Moving Defendant, and against Plaintiff and her counsel, AlderLaw PC, and payable to Selman Breitman, LLP, within 30 days of the notice of ruling. The parties should be prepared to discuss Plaintiff's objection to an instruction that she try on the vest at her deposition. MOTION TO COMPEL FURTHER DEPOSITION TESTIMONY Moving Defendant's motion to compel further deposition testimony ...
2018.4.20 Motion to Compel Responses 876
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.20
Excerpt: ...one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2031.300, subd. (a).) Here, Plaintiff propounded Requests for Production of Documents, Set One, on Defendant on January 4, 2018 by mail. Despite promises to send a response, Defendant never served any response or responsive documents. Thus, the court grants this Motion. Defendant Steven Coe is ordered to provide...
2018.4.20 Motion to Set Aside, Vacate Dismissal 701
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.20
Excerpt: ...ny notice of change of mailing and electronic service addresses. Plaintiff cites the wrong ground for relief, Code of Civil Procedure section 116.725, which applies to actions under the Small Claims Act. Nevertheless, the court construes this motion as one for relief under Code of Civil Procedure section 473. The dismissal was entered as a result of Plaintiff's attorney's mistake and neglect. The clerk is ordered to vacate the dismissal entered o...
2018.4.20 Motion to Strike 671
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.20
Excerpt: ...ssal, or within 180 days after entry of judgment, whichever is first.” The service of notice of entry by the clerk is only effected when the service is made pursuant to court order. (See Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather Ins. Agency, Inc.(1997) 15 Cal.4th 51, 64.) Here, service of the notice of entry of judgment by the Clerk was not under Code of Civil Procedure section 664.5. Accordingly, the Clerk's mailing of th...
2018.4.20 Motion to Compel Further Responses 507
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.20
Excerpt: ...ht to compel further responses to Form Interrogatories-Employment (Set 1) nos. 210.2, 210.3, 212.4 – 212.7, 213.1, 213.2, 215.1, and 215.2. On April 9, 2018, Plaintiff served further responses (labeled supplemental responses) to these disputed interrogatories. (See Opp., Exh. 1.) In its Reply, Defendant argues that Plaintiff did not provide further responses to interrogatory nos. 210.3, 215.1, 215.2. Plaintiff, however, did provide a further re...
2018.4.20 Motion to Compel Deposition 809
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.20
Excerpt: ...tive order under Sections 2025.420 and 2025.470, the deposition shall proceed subject to the objection.” Here, Plaintiff's counsel terminated the deposition and stated: “You can go to court and ask to reset it if you like.” (Pelliconi Decl., Exh. F.) Defendants promptly filed an ex parte application seeking to compel Plaintiff's deposition or alternatively an order shortening time on a motion to compel the deposition or alternatively a 90-d...
2018.4.13 Motion to Continue Trial 419
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.13
Excerpt: ...t prior to the May 21, 2018 trial date, even with a reduced-notice schedule, or be prepared for expert discovery and trial. There have been no prior continuances and it has been less than a year since the first Defendant appeared in this case in June 2017. The court finds that the interests of justice in continuing trial outweigh any purported prejudice in scheduling expert testimony. Finally, Plaintiffs acknowledge that Moving Defendant should b...
2018.4.13 Motion to Compel Further Responses 825
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.13
Excerpt: ...� 2031.310, subd. (b)(1).) “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact-specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) Here, Defendant has shown good cause to seek the accounting records of Professional Home Cinema (“PHC”). The Second Amended Cross-Complaint (“SAX-C”) includes alleg...
2018.4.13 Motion for Leave to File Complaint 424
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.13
Excerpt: ...d the Court that Mr. Meehan had passed away earlier that day. (11/20/2015 minute order.) But on a party's death, this estate is not automatically substituted in for that party. A judgment cannot be given for or against a decedent until the personal representative has been made a party by substation. (Johnson v. Simonelli (1991) 231 Cal.App.3d 105, 107 fn. 1.) An application to, and order by, the court is required. (See Code Civ. Proc., § 377.32;...
2018.4.13 Motion for Judgment on the Pleadings 312
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.13
Excerpt: ...out of the employment, the employee or the employee's dependents may receive compensation or death benefits from the employer even though the cause is the wrongful act of a third party. However, a right of action for damages also arises against the third-party tortfeasor. (Lab. Code, § 3852; Lamoreux v. San Diego & Arizona Eastern Railway Co. (1957) 48 Cal.2d 617, 625.) Here, the court has already determined on summary judgment that AAM committe...
2018.4.13 Demurrer 464
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.13
Excerpt: ...d in an individual capacity is entitled to pursue remedies in both capacities.” (Denevi v. LGCC (2004) 121 Cal.App.4th 1211, 1221-1222; see Goles v. Sawhney(2016) 5 Cal.App.5th 1014, 1018.) “An action is deemed derivative if the gravamen of the complaint is injury to the corporation, or to the whole body of its stock and property without any severance or distribution among individual holders, or it seeks to recover assets for the corporation ...
2018.4.13 Motion to Modify Fee Allocation 900
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.13
Excerpt: ...already incurred. On March 17, 2017, the court granted Defendant Briggs' motion for appointment of a discovery referee and ordered that the costs of the Discovery Referee to be shared equally by the parties. Since then, Plaintiff has conducted significant third party discovery, which resulted in at least three third party discovery motions, motions for protective orders, and hearings with the Discovery Referee which did not involve and were not o...
2018.4.13 Motion to Compel Arbitration 892
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.13
Excerpt: ...ment. (Avila v. Southern California Specialty Care, Inc. (2018) 20 Cal.App.5th 835, 844.) “It is essential to the existence of a contract that there should be: [¶] 1. Parties capable of contracting; [¶] 2. Their consent; [¶] 3. A lawful object; and [¶] 4. A sufficient cause or consideration.” (Civ. Code, § 1550.) “Agency ‘can be established either by agreement between the agent and the principal, that is a true agency [citation], or ...
2018.4.13 Motion to Strike 924
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.13
Excerpt: ...rer rather than a motion to strike under Code of Civil Procedure section 436: “[M]atter that is essential to a cause of action should not be struck and it is error to do so.” (Quiroz v. Seventh Ave. Ctr. (2006) 140 Cal.App.4th 1256, 1281.) A demurrer should have been brought. (Ferraro v. Camarlinghi (2008) 161 Cal.App.4th 509, 529 [failure to state facts sufficient to state a cause of action is ground for general demurrer, but not for a Code ...
2018.4.6 Motion for Judgment on the Pleadings 789
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.6
Excerpt: ...law or statute” since the demurrer was overruled. (Code Civ. Proc., § 438, subd. (g)(1); see Yancey v. Superior Court (1994) 28 Cal.App.4th 558, 562, fn. 1.) Here, the court's reference to Acqua Vista Homeowners Assn. v. MWI, Inc. (2017) 7 Cal.App.5th 1129, 1147, in overruling the demurrer to the SAC, does not foreclose Defendants' instant Motion. In the September 29, 2017 ruling on the demurrer to the SAC, the court noted that “[t]here is a...
2018.4.6 Motion for Leave to Amend, Demurrer 934
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.6
Excerpt: ...bdivision (b), provides that the presiding judge “shall permit the filing of that litigation only if it appears that the litigation has merit and has not been filed for the purposes of harassment or delay.” On the same day, the Presiding Judge granted Plaintiff's request “as to 5 th cause of action only (intentionally allowing roaches to reach over 20,000 in rental unit).” (Emphasis in original.) In its attachment to the order, the Court ...
2018.4.6 Motion for Leave to File Complaint 825
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.6
Excerpt: ... 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. (Ibid.) Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, ...
2018.4.6 Motion to Compel Further Responses 173
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.6
Excerpt: ...ter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (Emphasis added.) Trial is set for 4/16/18; the 15 th day before trial is 4/1/18, which is a Sunday. As a result, the motion was due to be personally served on 3/7/18 pursuant to Code of Civil Proced...
2018.4.6 Motion to Compel Further Responses 789
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.6
Excerpt: ...rovide further responses to the following discovery: (1) Interrogatories regarding Plaintiff's damages: Special Interrogatory No. 8; General Form Interrogatory Nos. 8.8 & 9.1. If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) Plaintiff Lauren Scricca has not met her burden as a...
2018.4.6 Motion to Compel Responses 091
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.6
Excerpt: ...or to this hearing, the truth of the matters specified in Michelin's first sets of requests for admission are deemed admitted. (Code Civ. Proc., § 2033.280, subd. (c) [the court shall deem the matters admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220...
2018.4.6 Motion to Consolidate 883
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.4.6
Excerpt: ...sary duplication of evidence and procedures); and to avoid the substantial danger of inconsistent adjudications (i.e., different results because tried before different juries, or a judge and jury, etc.). (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2017) ¶ 12:340.) Here, consolidation of this action and the limited action (Evergreen v. Choi, Orange County Superior Court case no. 30-2011-00443427) would be im...
2018.3.23 Demurrer 245
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.23
Excerpt: ...nternal citations omitted].) Defendant contends the five causes of action in the Complaint asserted against him (i.e., the first, second, third, seventh, and eighth) are subject to a general demurrer because they are time-barred, and Plaintiff fails to allege the debtors transferred property to Defendant. Under the first, second, and third causes of action, Plaintiff seeks to void certain transfers of cash from debtors to Defendants under the Uni...
2018.3.23 Motion for Summary Judgment 712
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.23
Excerpt: ...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)(2).) The scope of this burden is determined by the allegations of the plaintiff's complaint. (FPI Development v. Nakashima(1991)...
2018.3.23 Motion to Strike 276
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.23
Excerpt: ...m a cause of action for wrongful death under Code of Civil Procedure section 377.” (Grimshaw v. Ford Motor Co. (1981) 119 Cal.App.3d 757, 831.) Where, as here, Plaintiffs have joined a wrongful death claim with survivor causes of action, Plaintiffs can recover punitive damages in connection with the survivor claims. (Rufo v. Simpson (2001) 86 Cal.App.4th 573, 616, fn. 14.) The court declines to consider Defendant's argument that the allegations...
2018.3.23 Demurrer 091
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.23
Excerpt: ... 196 Cal.App.4th 1366, 1375 [internal citations omitted].) A party is indispensable where the plaintiff seeks a type of affirmative relief that, if granted would affect the interest of a third person not joined. (Sierra Club, Inc. v. California Coastal Comm. (1979) 95 Cal.App.3d 495, 501; Code Civ. Proc., § 398, subd. (a).) In other words, Plaintiff is required to join as parties to the action any person whose interest is such that any judgment ...
2018.3.23 Demurrer 068
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.23
Excerpt: ...ith 15 days leave to amend. The demurrer as to the seventh and ninth causes of action, is sustained without leave to amend. The Kimbark Defendants' request for judicial notice is granted. Third Cause of Action for Intentional Interference With Prospective Economic Advantage The elements of intentional interference with prospective economic advantage are “(1) the existence, between the plaintiff and some third party, of an economic relationship ...
2018.3.16 Motion to Compel Deposition 736
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.16
Excerpt: ...tions moving forward on an agreed-upon date is that it is burdensome under Code of Civil Procedure section 2019.030, subdivision (a)(1) for its employees to have to attend a deposition 10 miles from their place of employment as it disrupts business and the employees “rarely produce any useful information”. This statute does not support Defendants' argument. Defendants' five employees [(1) Huntington Beach Chrysler Dodge Jeep Ram's person most...
2018.3.16 Motion to Tax Costs 148
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.16
Excerpt: ...al.App.3d 1450, 1453-1455; Code Civ. Proc., § 1032, subd. (a)(4).) The per diem cost for having a court reporter present at the trial is recoverable. (See Code Civ. Proc., § 1033.5, subd. (a)(11); Govt. Code, § 68086, subd. (a); Cal. Rules of Court, rule 2.956(c).) The costs for models, blowups, and photocopies of exhibits, and electronic filing fees are also recoverable. (See Code Civ. Proc., § 1033.5, subds. (a)(13) & (a) (14). While Natash...
2018.3.16 Motion to Compel 171
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.16
Excerpt: ...nd nature of the examination, as well as the identity and the specialty, if any, of the physician who will perform the examination. (Code Civ. Proc., § 2032.220.) The plaintiff must respond to the demand within 20 days stating that she will comply with the demand as stated, will comply with the demand as specifically modified by the plaintiff, or will refuse, for reasons specified in the response, to submit to the demanded physical examination. ...
2018.3.16 Motion for Summary Judgment, Adjudication 712
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.16
Excerpt: ... are unopposed. Plaintiff has not presented a triable issue of material fact. (Code Civ. Proc., § 437c, subds. (a), (p)(2); see also, Willard v. Hagemeister (1981) 121 Cal.App.3d 406, 412-414.) Plaintiff Nick Guillermo's loss of consortium claim rises or falls, as in this case, with his wife's medical malpractice claim. (Tucker v. CBS Radio Stations, Inc. (2011) 194 Cal.App.4th 1246, 1256.) Defendants Bull and Wong shall give notice of rulings. ...
2018.3.16 Motion for Entry of Protective Order 809
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.16
Excerpt: ...that the stipulation and protective order that Defendants asked Plaintiff to enter into is the Los Angeles County Superior Court's model protective order. This model protective order is commonly used by parties in civil litigation. The model protective order requires only good faith designation of confidential documents. Designation of confidential documents in bad faith could subject a party to sanctions, as a discovery abuse. It also sets forth...
2018.3.16 Motion for Sanctions 916
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.16
Excerpt: ...he motion was not placed back on the November 3, 2017 law and motion calendar. In contrast to the notice, the ex parte application to place the motion back on calendar for January 19, 2018, indicated that Defendants sought sanctions consisting of: (1) terminating sanctions of $100,000 against Plaintiff; (2) dismissal of Plaintiff's First Amended Complaint; and (3) monetary sanctions against Plaintiff and its counsel. The court construes the motio...
2018.3.9 Demurrer 049
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.9
Excerpt: ...as moot. DEMURRER Alter Ego Except for the claims for breach of oral contract, intentional misrepresentation and negligent misrepresentation, Gunnison's liability depends on the alter ego doctrine. However, Plaintiffs have not alleged sufficient facts to invoke the doctrine. (Sonora Diamond Corp. v. Superior Court (2000) 83 Cal.App.4th 523, 538.) Accordingly, the demurrer as to the claims for breach of written contract, breach of implied warranty...
2018.3.9 Demurrer 879
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.9
Excerpt: ...rrer as to the sixth cause of action for negligence. First and Fourth Causes of Action (Breach of Contact and Breach of Implied Covenant of Good Faith and Fair Dealing) The elements of a breach of contract claim are (1) plaintiff and defendant entered into a contract, (2) plaintiff performed its obligations under the contract, or it was excused from doing so, (3) all of the conditions for defendant's performance occurred or were excused, (4) defe...
2018.3.9 Motion for Determination of Good Faith Settlement 044
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.9
Excerpt: ...ontribution. HKJ Gold asks for time to conduct discovery into Hernandez's wealth. But in light of his Declaration, discovery is not needed for the court to make a determination as HKJ Gold urges. City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, is inapposite. In that case, the moving party provided no evidence of his assets or even that the insurance denied coverage. Thus, the court denies HKJ Gold's request for a continuance t...
2018.3.9 Motion for Leave to File Complaint 171
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.9
Excerpt: ...f critical evidence, or added costs of preparation.” (Solit v. Tokai Bank (1999) 68 Cal.App.4th 1435, 1448.) If, however, the party seeking the amendment has been dilatory, and the delay has prejudiced the opposing party, the court has discretion to deny leave to amend. (See Hirsa v. Superior Court (Vickers) (1981) 118 Cal.App.3d 486, 490.) Ordinarily, the court does not consider the validity of the proposed amended pleading in deciding whether...
2018.3.9 Motion to Compel Further Responses 370
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.9
Excerpt: ...plemental response was served 2/22/18. The statutes for each of the interrogatories, RFPS, and RFAs provide for 45 days to move to compel further responses. Similarly, that 45 days starts anew when a supplemental response is served. (Code Civ. Proc., §§ 2030.300, subd. (c), 2031.310, subd. (c), 2033.290, subd. (c) [“within 45 days of the service of the verified response, or any supplemental verified response”].) There is no reading of this ...
2018.3.9 Motion to Compel Production of Docs 203
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.9
Excerpt: ...ing to Code of Civil Procedure section 1987, subdivision (c), a notice to appear and produce documents at trial “shall state the exact materials or things desired and that the party or person has them in his or her possession or under his or her control.” (Code Civ. Proc., § 1987, subd. (c); compare, Code Civ. Proc., § 2031.030 [for discovery, only requires that a request describe a category of documents to be produced].) Plaintiff's reques...
2018.3.9 Motion to Strike Jury Demand 190
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.3.9
Excerpt: ...are equitable. Accordingly, Defendants' jury demand is stricken. The October 22, 2018 trial will be a court trial, not a jury trial. Plaintiff shall give notice of the ruling. ...
2018.2.9 Motion to Vacate Dismissal 146
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...ded that the injunctive and monetary relief may be ordered by the court. Plaintiff must submit an appropriate proposed judgment and allow Defendant an opportunity to object. The court is contemplating continuing the hearing on the motion in order to allow Plaintiff submit a proposed judgment and an opportunity to object. ...
2018.2.9 Motion to Terminate Sanctions 743
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...s should not be made lightly. (Los Defensores, Inc. v. Gomez(2014) 223 Cal.App.4th 377, 390.) But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction. Under this standard, trial courts have properly imposed terminating sanctions when parties have willfully disobeyed one o...
2018.2.9 Motion to Strike or Tax Costs 312
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...writers' Report (1938) 12 Cal.2d 266, 274; Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774 [whether 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...

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