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2024.04.19 Motion to Compel Responses, to Deem RFAs Admitted 483
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.19
Excerpt: ...arty 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., § 2030.290, subd. (b).) By failing to serve timely responses, Plaintiffs waived “any r ight to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protectio...
2024.04.19 Motion to Compel Production of Docs 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.19
Excerpt: ... sustained. Evidentiary object ions nos. 4 through 6 are overruled. Evidence Submitted With Reply The court exercises its discretion to consider the evidence submitted with Plaintiffs' reply. Andry may address the evidence during the hearing. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537 -1538.) Merits Plaintiffs served Andry with a notice of taking a remote deposition and requests for production of documents at deposition. The notice li...
2024.04.12 Motion to Vacate Default Judgment 216
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.12
Excerpt: ...must follow the cor rect rules of procedure. (See Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984 -985; Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246 -1247). A self -represented litigant is not entitled to any greater consideration than other litigants and attorneys. (See Petr osyan v. Prince Corp. (2013) 223 Cal.App.4th 587, 594 [self -represented litigants are entitled to same treatment as represented parties].) The fact that Defendant is a se...
2024.04.12 Motion to Permit Financial Discovery 715
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.12
Excerpt: ...upon a clea r and convincing showing that a defendant is guilty of oppression, fraud or malice. A court order is required to obtain discovery of a defendant's financial condition in actions seeking punitive damages. (Civ. Code, § 3295, subd. (c).) Before a court m ay enter an order permitting discovery of a defendant's financial condition, it must (1) weigh the evidence submitted in favor of and in opposition to motion for discovery and (2) ma...
2024.04.12 Demurrer 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.12
Excerpt: ...ntity Plaintiffs argue that the court should not consider the demurrer and the motion to strike because they named K & A Kingdom Holdings, LLC, but K & A Kingdom Holding, Inc. filed the demurrer and motion to strike. However, pursuant to Code of Civil Procedure section 4 73, Defendant submitted a proposed amendment to pleadings noting that the "Inc." shown on its pleadings was in error and asking that its pleadings be amended to reflect...
2024.04.05 Motion to Compel Deposition Answers 297
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.05
Excerpt: ... or to produc e any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or pro duction.” A deponent who has objected to a question and refused to answer bears the burden of justifying such refusal on the motion to compel. (Weil & Brown, Cal. Practice ...
2024.04.05 Demurrer 258
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.04.05
Excerpt: ...ustained without leave to amend. Aiding and Abetting Fraud or Breach of Fiduciary Duties (Seventh Cause of Action) The seventh cause of action is against the Starboard Defendants for "aiding and abetting fraud and/or breach of fiduciary duties". (TAC, at pp. 54 -57.) TPG alleg es Starboard had actual knowledge of Defendant Honarkar's planned fraud and breach of fiduciary duties, and that Starboard “actively concealed” that it was �...
2024.03.29 Motion to Compel Further Responses 908
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.29
Excerpt: ...ing party is required to set forth specific facts showing good cause justifying the discovery sought by the inspection demand, pursuant to Code of Civil Pro cedure section 2031.310, subdivision (b)(1). To establish “good cause,” the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifyi...
2024.03.29 Motion to Compel Arbitration 574
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.29
Excerpt: ...ed “Grievance of Disputes”) that states the following, in relevant part: [A]ll employee claims or disputes concerning violations of, or arising under Wage Order 16 (except as noted in the immediately preceding paragraph), the California Labor Code Sections identified in California Labor Code section 2699.5 as amended, all derivative claims under California Business and Professions Code section 17200, et seq., all associated penalties, and fe...
2024.03.29 Demurrer 779
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.29
Excerpt: ...n is overruled. The demurrer is sustained as to the third cause of action is sustained without leave to amend. Dependent Adult Abuse/Neglect (First Cause of Action) The first cause of action is for dependent adult abuse/neglect. “The purpose of the [Elder Abuse Act] is essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect.” (Delaney v. Baker (1999) 20 Cal...
2024.03.22 Demurrer 578
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.22
Excerpt: ...ckich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882.) To the extent Plaintiff is requesting that the court take judicial notice of the fact that these cases exist, the request is denied as irrelevant to the issue presented in the demurrer. (Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194 [noting that the court may take judicial notice of a recorded deed, but declining to do so where deed was not relevant].) Special Demurrer Sp...
2024.03.22 Motion for Summary Judgment 422
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.22
Excerpt: ...2004) 122 Cal.App.4th 1229, 12461247.) A self -represented litigant is not en titled to any greater consideration than other litigants and attorneys. (Petrosyan v. Prince Corp. (2013) 223 Cal.App.4th 587, 594 [self -represented litigants are entitled to same treatment as represented parties]; see Cal. Rules of Court, Rule 1.6(15) [de fines “parties” as including both self -represented persons and persons represented by an attorney of record ...
2024.03.22 Motion to Continue Trial 258
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.22
Excerpt: ...t if it granted TPG's motion to amend and/or motion to bring defendant into case (scheduled to be heard on February 22, 2024), the court may reconsider another trial continuance. (9/18/2023 Minute Order.) At that time, however, the court did not vacate the February 29, 2024 hearing on the motion to continue trial. And, TPG did not wit hdraw its motion to continue the trial date, even though it appeared to be somewhat outdated. On December 8, ...
2024.03.22 Motion to Set Aside Default, Judgment 349
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.22
Excerpt: ... is denied. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. A party may “simply call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 9:53.1a.) Merits Defendant moves to set aside the default and default judgment, pursuant to Code of Civil Procedure section 473, subdivisions (b) and (d), Code of Civil Proce...
2024.03.22 Petition to Compel Compliance with Investigational Subpoena 630
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.22
Excerpt: ...al). The complaint stated that Chiavetta was on medical leave of absence in Septemb er 2022, when she accompanied her pregnant cousin to Hoag to provide care of the patient as labor began. The Charge Nurse told Chiavetta that she was on a leave of absence and was unable to provide care and treatment to her cousin as a nurse, but could be the patient's doula. Chiavetta adjusted the patient's pitocin and ignored the bedside labor and delive...
2024.03.15 Motion to Transfer Action 902
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.15
Excerpt: ...r any applicable statute. (Crestwood Behavioral Health, Inc. v. Superior Court (2021) 60 Cal.App.5th 1069, 1075.) “Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court (1984) 37 Cal.3d 477, 482; Malloy v. Superior Court (2022) 83 Cal.App.5th 543, 553.) Code of Civil Procedure section 395, subdivision (a) sets forth the general venue rule. It states in relevant part: “E...
2024.03.15 Motion to Quash 109
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.15
Excerpt: ...notice of continuance of Plaintiff's deposition; (6) notice of taking Plaintiff's deposition off calendar ; (7) proposed order granting motion to compel further responses to demands for inspection of documents; (8) proposed order granting motion to compel further responses to form interrogatories; (9) proposed order granting motion to compel further responses to special interrogatories; (10) statement of special interrogatories; (11) statement of...
2024.03.08 Motion to Quash Records Subpoena 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.08
Excerpt: ...onditions as the court shall declare including protective orders. In addition, the cour t may make any other order as may be appropriate to protect the moving party from unreasonable or oppressive demands including unreasonable violations of the moving party's right of privacy. (Code Civ. Proc., § 1987.1.) Where the documents sought are c onsumer records, a notice to consumer must be served before the subpoena is served. (Code Civ. Proc., § 198...
2024.03.08 Motion to Compel Deposition of PMQ 742
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.08
Excerpt: ...onically stored information, or tangible thing described in the deposition notice” if, “after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection an...
2024.03.08 Motion for Leave to File FAA 315
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.08
Excerpt: ...the time for answer or demurrer. (Code Civ. Proc., § 473, s ubd. (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 of Civ. Proc., § 473, subd. (a) (1).) Additionally, any judge, at any time before or after commenc...
2024.03.08 Demurrer 238
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.08
Excerpt: ...o identify Doe Perpetrator renders the FAC uncertain. Special demurrers based on uncert ainty are rarely sustained – only where the complaint is so bad that defendant cannot reasonably respond —i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. (See Khou ry v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) However, a demurrer for uncertaint...
2024.03.01 Motion to Strike or Tax Costs 166
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.01
Excerpt: ...in civil actions.'” (Brown v. Desert Christian Center (2011) 193 Cal.App.4th 733, 737 –738.) Specifically, in a ctions to enforce the governing documents of a common interest development such as covenants, conditions and restrictions ("CC&Rs"), Civil Code section 5975, subdivision (c) provides that “the prevailing party shall be awarded reasonable attorney's fees and costs.” Code of Civil Procedure section 1032, subdivision (b), ...
2024.03.01 Motion to Strike 652
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.01
Excerpt: ...aud, 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.) Punitive damages cannot be pled in conclusory ...
2024.03.01 Motion to Compel Deposition 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.01
Excerpt: ...ove for an order compelling the deponent's attendance and testimony at deposition. The motion must be accompanied by a declaration under Code of Civil Procedure section 2016.040 stating that the moving party contacted the deponent to inquire about the nonappearance. (Code Civ. Proc., § 2025.450, subd. (b)(2).) Code of Civil Procedure section 2025.410, subdivision (b) provides in part that any deposition taken after the service of a written objec...
2024.03.01 Motion for Summary Judgment 046
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.03.01
Excerpt: ...he court did not consider this document. Summary Judgment Standard “[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.4 th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie show...

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