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2023.01.13 Motion to Fine 703
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.01.13
Excerpt: ...to comply with the writ of mandate. (12/10/2021 Minute Order.) On July 18, 2022, the Court imposed a second fine for Respondent's failure to comply with the writ of mandate. (7/18/2022 Minute Order.) On August 30, 2022, Petitioner filed the instant motion. (ROA 164.) Petitioner requests a third order fining Respondent for failing to comply with the Court's writ of mandate and sanctions for violating the writ of mandate. Code of Civil Procedure se...
2023.01.06 Demurrer, Motion to Strike 873
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.01.06
Excerpt: ...ich includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Le...
2023.01.06 Demurrer 568
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.01.06
Excerpt: ... demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view o...
2023.01.06 Motion to Compel Further Responses 773
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.01.06
Excerpt: ...cuments are in the court's file in this action. It is not necessary to ask the court to take judicial notice of materials previously filed in the case. All 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 2021) ¶ 9.53.1a.) Applicable Law Code of Civil Procedure section 2031.010 provides, in relevant part, that “any party may obtain discovery”...
2023.01.06 Motion for Relief from Dismissal 774
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.01.06
Excerpt: ... the order must contain six specific provisions. The court set a hearing on an order to show cause re: dismissal for July 1, 2022. (4/8/2022 Minute Order.) On April 11, 2022, Defendants submitted the proposed order. (ROA 81.) On April 12, 2022, the court signed the proposed order with changes. Specifically, the order provided in part: “Upon payment of all necessary fees required by law, this matter is transferred to the Superior Court of Califo...
2023.01.06 Motion to Compel Further Responses 395
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.01.06
Excerpt: ...responses for the discovery at issue, except for the special interrogatories and requests for production addressed below. (Opp. at pp. 2-3, & fn. 1.) To the extent Defendants have not already served the agreed-to supplemental responses, Defendants are ordered to serve them within 20 days of the notice of ruling. Special Interrogatories to Defendants SNP Pharmacy and Bentzion Mandelbaum In nos. 1 and 8, Plaintiff asked SNP Pharmacy to identify “...
2022.12.16 OSC Re Contempt 688
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.12.16
Excerpt: ...s, she stated under penalty of perjury that: (1) she had been “informed by [her] physician that depending on the results of [her] follow-up appointment, [she] could be ordered to remain on further bed rest and/or bed rest for the duration of [her] pregnancy,” (5/9/2022 de la Piedra Decl., at ¶ 2 [ROA 1003]; Portales Decl., at ¶ 4, Exh. A); (2) she “saw [her] doctor on May 10, 2022 and was placed on bed rest for at least the next four week...
2022.12.16 Motion to Lift Discovery Stay 236
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.12.16
Excerpt: ...39.) The Cross-Complaint asserts two causes of action against Lee: intentional interference with prospective economic advantage and intentional interference with contractual relations. These causes of action are based on allegations of (1) misconduct by Lee when a sushi chef at Niko Niko such that he caused two other sushi chefs to quit, and (2) the filing of his Complaint in this action with lies about Defendants/Cross-Complainants. (Cross-Compl...
2022.12.16 Motion to Deem Admitted RFAs 706
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.12.16
Excerpt: ...of Plaintiff's Counsel's Firm Name and Contact Information”. On March 2, 2022, the Clerk's Office rejected the document because the address was not changing, and counsel of record was changing. The Clerk indicated that a substitution of counsel was needed. (ROA 76.) It was not until April 26, 2022 that Trial Lawyers for Justice filed a substitution of counsel on the correct form indicating that Trial Lawyers for Justice was new counsel of recor...
2022.12.16 Motion to Compel Deposition Answers 814
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.12.16
Excerpt: ... to compel. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) ¶ 8:814.) As with discovery generally, deposition questions may relate to “any matter, not privileged, that is relevant to the subject matter . . . if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (Code Civ. Proc., § 2017.010.) As explained in a well-rega...
2022.12.16 Demurrer 210
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.12.16
Excerpt: ...t 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 Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) Here, the Complaint is not so unintelligible that Defendants cannot reasonably respond. Any ambiguities can be clarified through discovery. (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th...
2022.12.09 Motion for Judgment on the Pleadings 189
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.12.09
Excerpt: ...est for judicial notice of documents filed in the instant case is 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 2020) ¶ 9.53.1a.) Relevant Background As relevant here, the Complaint in this action alleges that Plaintiffs T...
2022.12.09 Motion for Monetary Sanctions 777
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.12.09
Excerpt: ... any other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.” (Code Civ. Proc., § 128.7, subd. (c)(1).) Strict compliance, not substantial compliance, with the safe harbor notice provisions is required. (CPF Vaseo Associates, LLC v. Gray (2018) 29 Cal.App.5th 997, 1007; Cromwell v. Cummings (1998) 65 Cal.App.4th Supp. 10, 15.) This serves the ...
2022.12.09 Motion for Sanctions for Spoliation of Evidence 038
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.12.09
Excerpt: ...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 discovery, or its equivalent. Furthermore, a prior order may not be necessary where it is reasonably clear that obtaining such an order would be futile.” (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4...
2022.12.09 Motion for Summary Judgment 811
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.12.09
Excerpt: ...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 prima facie showing is one that is sufficient to support the position of the party in q...
2022.12.09 Motion for Trial Preference 949
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.12.09
Excerpt: ...upplemental opposition shall be filed and served no later than nine court days prior to the continued hearing date. Any supplemental reply shall be filed and served no later than five court days prior to the continued hearing date. All supplemental briefs shall be no more than five pages in length. Plaintiff shall give notice of the order and continued hearing. MOTION TO COMPEL ARBITRATION Defendants' motion to compel arbitration is denied. Arbit...
2022.12.09 Motion to Compel Further Responses 773
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.12.09
Excerpt: ...Cross-Complaint (“FACC”) as the operative pleadings. However, they have failed to file the Third Amended Complaint (“TAC”) and First Amended Cross-Complaint (“FACC”) as ordered by the Court on February 28, 2022. (ROA 458.) The TAC and FACC were attached as exhibits to the Stipulation and [Proposed] Order Re Filing of Amended Pleadings and Scheduling. (ROA 456.) Accordingly, Plaintiff is now ordered to electronically file the TAC no la...
2022.12.09 Motion to Compel Further Responses 395
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.12.09
Excerpt: ...ent combinations of the five Defendants. As noted in a well-regarded practice guide, this is not a recommended practice. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) ¶ 9:24.4.) Plaintiff improperly made one reservation for the motion. A single reservation does not properly allot Court resources to address the combined motion. As a result, the motion was divided up to be heard over a number of hearing d...
2022.10.28 Motion to Vacate Judgment and Remove Lien 327
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.28
Excerpt: ... than five court days before the time appointed for the hearing”].) However, because Plaintiff has actually obtained a copy of the motion and has opposed it on the merits without asking for a continuance or contending it was prejudiced, the Court will reach the merits of the motion. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 696-697.) Defendant moves to vacate the judgment entered on March 25, 2022 and to remove the lien from his house. (...
2022.10.28 Motion to Strike Answer 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.28
Excerpt: ...ly speaking, violation of a discovery order is required for imposition of issue or evidentiary sanctions. While Plaintiff contends Sandoval's responses to written discovery were insufficient, Plaintiff did not move to compel further responses to that discovery. Failing to respond to an authorized method of discovery is a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) So, too, is disobeying a court order to provide dis...
2022.10.28 Motion to Quash 020
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.28
Excerpt: ...d, the amended complaint substituting a new defendant for a fictitious Doe defendant filed after the statute of limitations has expired is deemed filed as of the date the original complaint was filed.' ” (Id. at p. 387, fn. omitted.) “‘Section 474, however, . . . is restricted to the knowledge of the plaintiff at the time of the filing of the complaint.' [Citations.] “The lack of knowledge of the true name of the defendant ... must be 're...
2022.10.28 Motion to Compel Further Responses 202
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.28
Excerpt: ...o. 54, and denied as to nos. 55 through 59. Code of Civil Procedure section 2031.010 provides, in relevant part, that “any party may obtain discovery” by “inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” (Code Civ. Proc., § 2031.010, subd. (a).) Section 2031.210 requires a party resp...
2022.10.21 Motion to Tax Costs 345
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.21
Excerpt: ...e expressly prohibited by statute, a prevailing party is entitled to recover costs as a matter of right. (Code Civ. Proc., § 1032, subd. (b).) Code of Civil Procedure section 1033.5, subdivision (a) specifies cost items that are allowable, including filing and motion fees, deposition costs, and court reporter fees. (Code Civ. Proc., § 1033.5, subd. (a)(3).) Allowable costs “shall be reasonably necessary to the conduct of the litigation rather...
2022.10.21 Demurrer, Motion to Strike 524
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.21
Excerpt: ...ubmitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”].) As a result, the demurrer is sustained with 15 days leave to amend. MOTION TO STRIKE The arguments in Defendants' motion to strike portions of the FAC also have merit. However, the ruling on the demurrer renders moot most of the motion, except for the following. Gross Negligence and Intentional Conduct In the background ...
2022.10.14 Demurrer 809
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.14
Excerpt: ...ng Defendants were not named in the FAC. (ROA 132.) Defendants were again added by amendments on March 1, 2019, designating them this time as Doe Defendants Nos. 1 and 4. (ROA Nos. 148 and 151.) “It has long been the rule that an amended complaint that omits defendants named in the original complaint operates as a dismissal as to them.” (Fireman's Fund Ins. Co. v. Sparks Construction, Inc. (2004) 114 Cal.App.4th 1135, 1142; See also Kuperman ...
2022.10.14 Motion for Summary Judgment 069
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.14
Excerpt: ...ent 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.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...
2022.10.14 Special Demurrer 109
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.14
Excerpt: ...vide for filing a document after a reply has been filed. Plaintiff did not seek prior leave of court to file the document. A special demurrer for uncertainty is strictly 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 for...
2022.10.14 Motion to Compel Arbitration 061
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.14
Excerpt: ...nia Rules of court, rule 3.720(b) provides: “A court by local rule may exempt specified types or categories of general civil cases from the case management rules in this chapter, . . . . The court must include the alternative procedures in its local rules.” Due to the COVID-19 pandemic, this Court approved Local Emergency Rule 1, which suspended case management conferences through March 31, 2021. Local Emergency Rule 1 also set forth that for...
2022.10.07 Petition to Confirm Contractual Appraisal Award 436
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ...ts of a petition to confirm, correct, or vacate the arbitration award. Within this Petition, Petitioners seek confirmation of an appraisal award, pursuant to Code of Civil Procedure section 1286. Code Civil Procedure section 1286 provides that an arbitration award shall be confirmed, unless it is vacated or corrected. “‘[A]greements providing for valuations, appraisals and similar proceedings' are within the definition of ‘agreements' subje...
2022.10.07 Motion for Terminating Sanctions, for Monetary Sanctions 125
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ...but did not produce any documents. In response to requests no. 44, 48 and 49, Brand Genetix said it would “comply with this request” and that “all responsive documents that are in Plaintiff's [sic] custody or control will be produced.” (Lu Decl., at ¶ 21, Exh. 8 [ROA 1503].) The court has expressed in prior rulings that the trial court should tailor the sanction for such conduct to “fit the crime.” (Reedy v. Bussell (2007) 148 Cal.Ap...
2022.10.07 Motion for Summary Judgment 706
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ...er evidence to show that Defendant Macco Corporation informally does business as Macco Pacific (erroneously sued as Macco Pacific, Inc.) and Shattuck Companies. (Waters Decl., at ¶¶ 5-6; SSUF 19, 25.) In other words, Macco Pacific and Shattuck Companies are fictitious business names of the legal entity Macco Corporation. Because Plaintiff did not oppose the motion, it does not appear that she disputes this assertion. Macco Corporation was Plain...
2022.10.07 Motion for Reconsideration 777
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ... moving party that states: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. (Code Civ. Proc., § 1008, subd. (a).) A party seeking reconsideration also must provide a satisfactory explanation for the failure to produce the evidence at an earlier time. (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 213...
2022.10.07 Motion for Attorney Fees 721
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ...llowable; (2) reasonably necessary to the conduct of the litigation; and (3) reasonable in amount. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 998.) The lodestar method is applicable to calculating attorney's fees under the Song-Beverly Consumer Warranty Act. (Id. at p. 997.) An experienced trial judge is the best judge of the value of professional services rendered in his or her court. (Ibid.) The court's analysis begins with the...
2022.10.07 Motion for Attorney Fees 345
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ...nt, including, that: Martinez “pawned some of your stolen items”; “a majority of the stolen items remain in the possession, custody or control of [Martinez]”; Martinez “continues to have possession, custody or control of the majority of the stolen items”; Martinez “wrongfully converted the stolen items for her own use and possession without plaintiff's knowledge or consent”; Martinez “acted willfully, fraudulently, maliciously, ...
2022.10.07 Demurrer 399
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ... pages. No reply or closing memorandum may exceed 10 pages. The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.” (Emphasis added.) A memorandum exceeding the permissible page limits “must be filed and considered in the same manner as a late-filed paper”; i.e., the court in its discretion may refuse to...
2022.10.07 Demurrer 043
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.10.07
Excerpt: ... regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it ...
2022.09.16 Special Motion to Strike 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.09.16
Excerpt: ...APP law is “not [to] insulate defendants from any liability for claims arising from the protected rights of petition or speech. It only provides a procedure for weeding out, at an early stage, meritless claims arising from protected activity.” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384.) There are four categories of protected speech for an anti-SLAPP motion (Code Civ. Proc., § 425.16, subd. (e)): 1. statements made before a legislative, exe...
2022.09.16 Motion to Reopen Discovery 688
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.09.16
Excerpt: ...has been set.” (Code Civ. Proc., § 2024.050, subd. (a).) Plaintiffs contend they are entitled to an order deeming the attorney-client privilege waived and reopening discovery on a limited basis to take discovery “related to any purported advice Defendants received from counsel regarding their submission of claims to Plaintiffs.” Plaintiffs claim that the Equaltox Defendants, in opposing Plaintiffs' motions in limine nos. 1, 3, 4, and 8, pu...
2022.09.09 Motion for Summary Judgment 991
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.09.09
Excerpt: ...ing good cause for the late submission. (Mackey v. Board of Trustees v. California State Univ. (2019) 31 Cal.App.5th 640, 657; Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 765.) On September 6, 2022, Plaintiff Jeanette Easter belatedly filed a document entitled “Opposition to motion for summary judgment and opposition in the alternative to summary adjudication of issues; memorandum of points and authorities in support of opposition; sep...
2022.09.09 Motion to Strike 135
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.09.09
Excerpt: ...ion, whether or not the motion seeks relief against such parties. (See, e.g., Code Civ. Proc., § 1014; Winikow v. Superior Court (2000) 82 Cal.App.4th 719, 727 [service of notice not required on defendants who have not yet appeared].) Legal Standard for Punitive Damages Against Corporate Employer Under California law, an agent's or employee's acts in the course and scope of employment are attributed to the employer for purposes of tort liability...
2022.09.09 Demurrer 447
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.09.09
Excerpt: ...n support of the opposition for the Court to review. Plaintiff has not shown good cause for the late filing. The Court exercises its discretion and declines to consider the opposition and supporting papers. (Code Civ. Proc., § 1005, subd. (b); Cal. R. Ct. Rule 3.1300, subd. (d); Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 625, disapproved on other grounds by Colmenares v. Braemar Country Club, Inc. (2003) 29 Cal.4th 1019 [“We conclude t...
2022.09.02 Motions to Compel Responses, for Summary Adjudication 771
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.09.02
Excerpt: ...r counsel in Florida. This mistake is imputable to Defendant, and does not change the fact that Plaintiff was forced to bring these motions in order to obtain compliance. As such, Plaintiff is awarded sanctions against Dr. Akpeke. Within 30 days of the notice of ruling, Dr. Akpeke shall pay monetary sanctions for the discovery motions in a total amount of $1,125 to Balboa Capital Corporation. (Code Civ. Proc., § 2023.030, subd. (a); Cal. Rules o...
2022.09.02 Motions to Compel Further Responses 232
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.09.02
Excerpt: ... the accident. The motion is denied as to the requested order that she be required to provide testimony regarding the date of diagnosis of her dementia and the severity of her dementia. Code of Civil Procedure section 2025.450, subdivision (a) provides that when a party deponent is served with a deposition notice and, without having served a valid objection under Code of Civil Procedure section 2025.410, fails to appear for deposition the party g...
2022.09.02 Motion to Strike or Tax Costs 083
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.09.02
Excerpt: ...ision (a) specifies cost items that are allowable, including filing and motion fees, deposition costs, and court reporter fees. (Code Civ. Proc., § 1033.5, subd. (a)(3).) Allowable costs “shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subd. (c).) If the items on their face appear to be proper charges, t...
2022.09.02 Demurrer to FAC 068
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.09.02
Excerpt: ... (4) the resulting damages to plaintiff.” (Coles v. Glaser (2016) 2 Cal. App. 5th 384, 391.) A written contract may be pleaded either by its terms—set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated by reference—or by its legal effect, i.e., by alleging the substance of its relevant terms. (Construction Protective Servs., Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198–199; Heri...
2022.08.26 Motion to Strike or Tax Costs 245
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.08.26
Excerpt: ...specifies cost items that are allowable, including filing and motion fees, deposition costs, and court reporter fees. (Code Civ. Proc., § 1033.5, subd. (a)(3).) Allowable costs “shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subd. (c).) If the items on their face appear to be proper charges, the verifie...
2022.08.26 Motion for Reconsideration 408
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.08.26
Excerpt: ...ourt's attention to a previous order and seeks to "modify, amend, or revoke" that order. Merely asking the court to grant relief that is inconsistent with a prior order, whether by the same or a different judge, is not a "motion for reconsideration." (Sorenson v. Superior Court (2013) 219 Cal.App.4th 409, 421, fn. 13.) A motion for reconsideration is commonly thought to have two stages. The court must decide whether to grant reconsideration as su...
2022.08.19 Special Demurrer 352
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.08.19
Excerpt: ...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 should be o...
2022.08.19 Motion for Protective Order 177
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.08.19
Excerpt: ...testimony is protected under Evidence Code sections 992 and 994. Defendant further contends that she has not put her physical or mental condition at issue. Thus, she has not waived the physician-patient privilege. In opposing the motion, Plaintiff does not dispute that the testimony sought from Dr. Hryniewicki is subject to the physician-patient privilege. Rather, Plaintiff argues that, “[b]y making a claim to incompetence, Ms. Fleer has put at...
2022.08.19 Demurrer 166
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.08.19
Excerpt: ...all the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) ¶ 9.53.1a.) An answer to a complaint shall contain: (1) the general or specific denial of the material allegations of the complaint controverted by the defendant and (2) a statement of any new matter constituting a defense. (Code Civ. Proc., § 431.30, subd. (b) [emphasis added].) The same pleading of ultimate fac...
2022.07.29 Motion for Summary Judgment 080
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.07.29
Excerpt: ..., Suket Real Properties, Sukut Real Properties II, LLC, Sean P. McCoy, and Myron Sukut (“Defendants”) filed evidentiary objections and “response to Car Prep, Inc.'s separate statement of undisputed material facts” in opposition to Car Prep's motion. Defendants did not include a memorandum of points and authorities, which is required as part of an opposition to a summary judgment motion pursuant to California Rules of Court, rule 3.1350(e)...
2022.07.29 Motion for Relief from Waiver 166
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.07.29
Excerpt: ...aintiff's counsel inadvertently failed to forward it to his paralegal to calendar. At that time, he was preparing for trial (starting April 7, 2022) and his own wedding (which took place on March 27, 2022). (Roberts Decl., at ¶ 3.) Co-counsel at Plaintiff's counsel's firm avers that he did not forward the discovery requests to the paralegal because Mr. Roberts was assigned the case and Mr. Perry assumed Mr. Roberts had it handled. (Perry Decl., ...
2022.07.29 Motion to Deem RFAs Admitted, for Sanctions 706
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.07.29
Excerpt: ...the Clerk's Office rejected the document because the address was not changing, and counsel of record was changing. The Clerk indicated that a substitution of counsel was needed. (ROA 76.) It was not until April 29, 2022 that Trial Lawyers for Justice filed a substitution of counsel on the correct form indicating that Trial Lawyers for Justice was new counsel of record for Plaintiff. This was electronically served on all parties including Waters' ...
2022.07.29 Motion to Amend Complaint 024
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.07.29
Excerpt: ...w, 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 commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order. (Cod...
2022.07.29 Motion to Compel Further Responses 202
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.07.29
Excerpt: ...to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete. (Code Civ. Proc., § 2030.300, subd. (a)(1)). If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) Merits The interrogatories at issue seek information about Trinity's licenses,...
2022.07.29 Motion to Compel Further Responses 460
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.07.29
Excerpt: ... to form interrogatories, set one, numbers 50.1-50.3 and 50.5. Plaintiff's motion to compel further responses to request for admissions, set one, numbers 1-5, 9, 10, 22, and 26-28, is granted. Duplicate Motions As a preliminary matter, Plaintiff filed two nearly identical motions to compel further responses to requests for admission, three days apart. The only apparent differences are that the later filed motion includes a proof of service and th...
2022.07.22 Motion to Expunge Lis Pendens 191
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.07.22
Excerpt: ...R Investment Properties, LLC (“Plaintiffs”). Additional Papers Filed Without Leave of Court The hearing on this motion was continued to allow Defendants and Plaintiffs to properly serve their moving, opposing, and reply papers on Cross-Defendants Sunnyside Group and Charles Roh. Plaintiffs and Defendants have shown that the papers were provided to all parties. Since the last hearing, Plaintiffs and Defendants served and filed supplemental pap...
2022.07.22 Demurrer 608
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.07.22
Excerpt: ...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 should be overruled if the facts are presumptively withi...
2022.07.22 Demurrer 272
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.07.22
Excerpt: ...Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) On demurrer, a complaint must be liberally construed. (Code Civ. Proc., § 452; Stevens v. Sup...
2022.06.17 Motion to Compel Further Production of Docs 170
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.06.17
Excerpt: ... 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 justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial). (Glenfed Develop. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117; Weil & Brown, Cal. Practice Guide: Civil Procedure Before T...
2022.06.17 Motion to Compel Arbitration 583
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.06.17
Excerpt: ...the FAA. Rather, the arbitration provision expressly provides: “This Agreement to arbitrate shall be specifically enforceable under the prevailing California arbitration law.” (Levy Decl., Exh. A, at pp. 31- 32.) Accordingly, the California Arbitration Act applies. (Cronus Investments, Inc. v. Concierge Services (2005) 35 Cal.4th 376, 387-393; Mastick v. TD Ameritrade, Inc. (2012) 209 Cal.App.4th 1258, 1265.) In any event, California and fede...
2022.06.17 Motion for Attorney Fees 042
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.06.17
Excerpt: ...ned by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Furthermore, an award of attorney fees is a term of the parties' settlement agreement. To recover attorney's fees, a prevailing party bears the burden of demonstrating that the fees were: (1) allowable; (2) reasonably necessary to the conduct of the litigation; and (3) reasonable in amount. (Doppes v. Bentley Motor...
2022.06.17 Demurrers 777
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.06.17
Excerpt: ...f's TAC is overruled. Sham Pleading Bommarito argues that the allegations of the TAC still contradict what was previously alleged in the Complaint and are sham pleadings that the Court should disregard. (Bommarito Dem., at pp. 10-12.) The “sham pleading” doctrine provides that a party will be bound by a prior, unfavorable allegation absent a satisfactory explanation for the change. (See Hahn v. Mirda (2007) 147 Cal.App.4th 740, 751; State ex....
2022.05.27 Demurrer 255
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.05.27
Excerpt: ...es were also rendered moot as to the first set of requests for production and form interrogatories. The court grants the motion to compel Brianna Stanko to serve responses to the second set of requests for production and form interrogatories. The court grants Plaintiff's motion to deem admitted the first set of requests for admission as to Skin Truth. The court grants Plaintiffs motion to deem admitted the first and second sets of request for adm...
2022.05.27 Motion for Summary Adjudication 549
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.05.27
Excerpt: ...on 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 “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 materi...
2022.05.27 Motion to Compel Responses 408
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.05.27
Excerpt: ...ts for admission. Westpark Corte Bella Community Association (“Westpark”) seeks an order compelling Plaintiff to serve responses without objections to Westpark's third set of requests for production. The motions are granted. As an initial matter, Plaintiff Arthur Gross III, as Assignee of the Villas at Corte Bella and as an individual, once again did not timely oppose the motions. (Code Civ. Proc., § 1005, subd. (b).) Optimum and Westpark se...
2022.05.20 Demurrer 723
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.05.20
Excerpt: ... 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 should be overruled if the facts...
2022.05.13 Motion to Compel Further Responses 825
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.05.13
Excerpt: ...ments that were produced in response to requests for production of documents, set two, to comply with Code of Civil Procedure section 2031.280, subdivision (a), it is granted. The motion is otherwise denied. Defendant belatedly-filed his opposition to the motion. He explained that at the time the opposition was due, he was in the process of changing counsel. (Stewart Decl., at ¶¶ 4- 6.) Plaintiffs filed a reply on the merits. The court exercise...
2022.05.13 Motion for Summary Judgment 628
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.05.13
Excerpt: ...roduction 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 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 act...
2022.05.06 Special Motion to Strike 416
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.05.06
Excerpt: ... Code of Civil Procedure section 425.16 permits a special motion to strike Strategic Litigation Against Public Participation (“SLAPP”) lawsuits. A SLAPP suit is “a meritless suit filed primarily to chill the defendant's exercise of First Amendment rights.” (Finton Construction, Inc. v. Bidna & Keys, APLC (2015) 238 Cal.App.4th 200, 208.) The purpose of the anti- SLAPP law is “not [to] insulate defendants from any liability for claims ar...
2022.05.06 Motion to Strike or Tax Costs 408
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.05.06
Excerpt: ... another case. (See, e.g., Mot., at pp. 23- 24 [referring to expert fees, postage and telephone charges], and 26-27 [referring to District No. 40 and “costs incurred after Judgment was entered on December 28, 2015”].) The court once again reminds Plaintiff that litigants who choose to represent themselves must be treated in the same manner as represented parties and must follow the correct rules of procedure. (Rappleyea v. Campbell (1994) 8 C...
2022.05.06 Motion to Compel Deposition 367
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.05.06
Excerpt: ...t deposition. The motion must be accompanied by either a meet and confer declaration stating “facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion” or “a declaration stating that the moving party contacted the deponent to inquire about the nonappearance.” (Code Civ. Proc., § 2025.450, subd. (b)(2).) Defendant has been trying to take Plaintiff's deposition since August 2021. The...
2022.04.15 Demurrer, Motion to Strike 874
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.15
Excerpt: ... in part as set forth below. In light of the ruling on the demurrer, Defendants' motion to strike paragraph 68 is denied as moot. Pursuant to Code of Civil Procedure section 436, the Court may: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. “The grounds for a mot...
2022.04.15 Demurrer 080
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.15
Excerpt: ...h of Contract With respect to the first cause of action, Cross-Complainants allege that their subcontract with Cross-Defendant included a provision requiring Cross-Defendant to indemnify and hold harmless Cross-Complainants from claims, liabilities, etc. arising out of Cross-Defendant's work. (CC, at ¶¶ 17-18.) Cross-Complainants further allege that Cross-Defendant's contract with Aerotek led to an insurance claim being filed against Cross-Comp...
2022.04.15 Motion for Attorney Fees 319
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.15
Excerpt: ... entry of judgment, or 180 days after entry of judgment, whichever is first. Here, there has been no judgment or dismissal. None of the cases cited are directly on point. The parties did not reference any provision in their settlement agreement regarding the timing of the fee motion. Civil Code section 1794, subdivision (d) provides: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as pa...
2022.04.15 Motion to Quash Service of Summons 890
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.15
Excerpt: ...aption to the conditionally lodged under sealed documents, refer to California Rule of Court 2.551(b)(3), which is the procedure for a party not intending to file a motion or application to seal a record. However, it does not appear that Plaintiff complied with Rule 2.551(b)(3)(B), which requires a party that does not intend to request to have the records sealed to give written notice to the party that produced the records that the records and th...
2022.04.15 Motion for Summary Judgment 156
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.15
Excerpt: ...r details to support this statement. Defendant has not laid the foundation that Dr. Klein is an expert as to the standard of care and treatment for cryotherapy. (Evid. Code, § 720; Kelley v. Trunk (1998) 66 Cal.App.4th 519, 525; Avivi v. Centro Medico Urgente Med. Ctr. (2008) 159 Cal.App.4th 463, 467; McAlpine v. Norman (2020) 51 Cal.App.5th 933, 940-941.) Plaintiff's second and eighth evidentiary objections to Dr. Klein's declaration are sustai...
2022.04.08 Motion to Transfer 774
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.08
Excerpt: ...discretion to consider Plaintiffs' opposition. PV Holding and Avis move to transfer pursuant to Code of Civil Procedure sections 395, subdivision (a), 395.5, and 396b, subdivision (a). PV Holding and Avis contend venue is improper in Orange County because the incident causing the injuries occurred in Kern County and no defendant resides in Orange County. Fresenius moves to transfer pursuant to Code of Civil Procedure sections 395, subdivision (a)...
2022.04.08 Motion to Strike Answer, for Terminating Sanctions 814
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.08
Excerpt: ...y, 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, continued failure to respond may result in ...
2022.04.08 Motion to Determine Prevailing Party and Reasonable Attorney Fees 265
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.08
Excerpt: ...Lease, then the non-prevailing party in such action or proceeding shall reimburse the prevailing party for its actual attorneys' fees, and all fees, costs and expenses (including any actual expert fees and court costs) incurred in connection with such action or proceeding, including any post-judgment fees, costs or expenses incurred on any appeal or in collection of any judgment." (Park Decl., at Exh. 1, § 21.11.) Similarly, the Guarantee of Lea...
2022.04.08 Motion to Determine Applicability of Civil Codes 530
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.08
Excerpt: ... agreement to arbitrate and the same controversy, and any such subsequent petition shall be filed in the same proceeding.” However, Plaintiffs do not show how this statute is applicable to the instant case. On July 12, 2019, Defendants' motion to compel arbitration and stay proceedings was granted. (7/12/2019 Minute Order.) Code of Civil Procedure section 1281.4 requires a court to stay an action submitted to arbitration. The court's role is th...
2022.04.08 Motion to Compel Further Responses 747
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.08
Excerpt: ...onses to document demands, Code of Civil Procedure section 2031.310, subdivision (b)(1) requires the moving papers to set forth specific facts showing good cause justifying the discovery sought by the inspection demand. 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) specifi...
2022.04.08 Motion for Judgment on the Pleadings 108
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.08
Excerpt: ... to demur to the complaint has expired.” (Code Civ. Proc., § 438, subd. (f)(2).) Thus, this motion is procedurally improper. Furthermore, the motion is also denied on the merits. Second Cause of Action for Unfair Business Practices Lee contends that this claim fails to state a claim because Criscione's only damages are those he would suffer if the note is left outstanding, and that any other damages are “future, speculative, and non-monetary...
2022.04.08 Demurrer 020
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.08
Excerpt: ... construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.”].) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.” (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.) A demurrer “admit[s] all the properly pleaded material facts...
2022.04.08 Application for Right to Attach Order, Temporary Protective Order, for Issuance of Writ of Attachment 274
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.04.08
Excerpt: ...cation for the order and writ with the court in which the action is brought. (Code Civ. Proc., § 484.010.) The application must be executed under oath and must include the following statements: (1) the attachment is sought to secure the recovery on a claim on which the attachment may be issued; (2) the amount to be secured by the attachment; (3) the attachment is not sought for a purpose other than the recovery on the claim on which the attachme...
2022.03.25 Motion for Relief from Waiver of Objections 756
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.03.25
Excerpt: ...other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Code Civ. Proc., § 4...
2022.03.25 Motion for Leave to Conduct Neuropsychological Exam 168
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.03.25
Excerpt: ...the examination . . . and be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2032.310, subd. (b).) The moving party must show good cause for the mental examination. (Code Civ. Proc., § 2032.320, subd. (a).) Plaintiff does not dispute that her mental condition is at issue or that there is good cause for a neuropsychological examination. She opposes the motion because Defendant failed to comply with Cod...
2022.03.18 Motion to Compel Arbitration 280
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.03.18
Excerpt: ...�� and wrote in response to “Relationship to Resident(s)”, “SON POA”. (Not. of Errata [ROA 64].) Kris Shook also initialed the arbitration provision of the Agreement. (Not. of Errata, at page 10 of 12.) The Federal Arbitration Act (“FAA”) Defendants contend that the FAA applies. (Mot., at pp. 3-7.) The FAA (9 U.S.C. §§ 1-14) governs contractual arbitration in written contracts involving interstate or foreign commerce or maritime tra...
2022.03.18 Motion for Trial 541
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.03.18
Excerpt: ...bstantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. . . . (e) Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference. (f) Upon the granting of such...
2022.03.18 Motion to Reopen Discovery 179
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.03.18
Excerpt: ...low HOA (“HOA”) and J.C. Ultimate Property Management Consulting, Inc.'s (“J.C. Ultimate”) ex parte application to continue trial to August 2, 2021. (4/12/2021 Minute Order [ROA 160].) All parties had agreed that trial in this matter should be continued to allow the parties to complete further and necessary discovery, and explore all settlement possibilities before preparing for trial. (McGah Decl., at ¶ 3 [ROA 153].) The court denied th...
2022.03.18 Motion to Compel Arbitration 431
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.03.18
Excerpt: ...he Federal Arbitration Act (9 U.S.C. § 1 et seq.) and not by any state law concerning arbitration. (12/8/2021 Ihara Decl., Exh. 1, at p. 2.) In any event, California and federal arbitration law are identical for the purposes of this motion. Under the FAA, state law governs the question whether a nonsignatory party may enforce an arbitration agreement. (Kramer v. Toyota Motor Corp. (9th Cir. 2013) 705 F.3d 1222, 1228, 1132, fn. 6.) Arbitrability ...
2022.03.18 Motion to Determine Prevailing Party 364
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.03.18
Excerpt: ..., $6,773.38 for broker's commission, for a combined amount of $27,466.30.” The judgment provided: “[a]ny prejudgment interest, attorney's fees, and costs shall be determined in post-judgment motions.” (Judgment [ROA 141].) Prejudgment Interest Plaintiff contends it is entitled to $5,385.98 in prejudgment interest, for the period from March 1, 2019 through October 6, 2021, with interest accruing at the daily rate of $5.67, until an amended j...
2022.02.25 Motion to Quash Deposition Subpoena 234
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.02.25
Excerpt: ...ill effectuate a “stay” of the production until further order of the Court. 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).) Furthermore, under Code of Civil Procedure section 2019.030, the court may restrict discovery where it is “unreasonably cumulative or dup...
2022.02.25 Motion for Summary Judgment 132
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.02.25
Excerpt: ...he 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. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the positi...
2022.02.25 Motion for Issuance of OSC Re Contempt 952
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.02.25
Excerpt: ...-011996671. Evidentiary Objections Floorit Financial's evidentiary objections nos. 1 through 4 are sustained. Law Regarding Contempt “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience. (Weil & Brown, supra, pars. 9:337–9:340.)” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) A contempt proceeding is ...
2022.02.25 Demurrer to FAC 953
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.02.25
Excerpt: ...ship is actually severed involuntarily by the employer's acts, against the employee's will. As a result, a constructive discharge is legally regarded as a firing rather than a resignation.” (Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238, 1244-1245; CACI no. 2342.) Like a Tameny claim, constructive discharge is premised on the wrongful termination of an employment relationship. “There can be no Tameny cause of action without the prior e...
2022.01.21 Motion for Summary Judgment, Adjudication 439
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.01.21
Excerpt: ...irst Amended Complaint or, in the alternative, summary adjudication on the two cause of action alleged therein. 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.4th 826, 850.) “A prima facie showing is one th...
2022.01.21 Motion for Attorney Fees 998
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.01.21
Excerpt: ...h action.” Furthermore, an award of attorney fees is a term of the parties' settlement agreement. To recover attorney's fees, a prevailing party bears the burden of demonstrating that the fees were: (1) allowable; (2) reasonably necessary to the conduct of the litigation; and (3) reasonable in amount. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 998.) The lodestar method is applicable to calculating attorney's fees under the Song...
2022.01.21 Demurrer 688
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.01.21
Excerpt: ...LC v. Anthem Blue Cross Life and Health Insurance Company (U.S. District Court, C.D. Cal., case no. 8:20-cv-00102-JWH (ADSx) is denied as irrelevant. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063.) Pending Motion for Leave to File Fifth Amended Cross-Complaint Cross-Complainants argue that the demurrer should be overruled based upon their pending motion for leave to file a fifth amended cross-complaint. They point to case auth...
2022.01.21 Demurrer 398
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2022.01.21
Excerpt: ...ch are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) Merits Intentional Interference With Prospective E...

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