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2018.2.23 Motion to Strike 302
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.23
Excerpt: ...ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2014) ¶ 9.53.1a, p. 9(l)-33.) Code of Civil Procedure section 426.30 clearly states that the compulsory counterclaims are waived only if: “a party against whom a complaint has been filed and served fails to allege in a cross-complaint any related cause of action which (at the time of servin...
2018.2.23 Motion to Compel Further Responses 308
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.23
Excerpt: ... meet and confer letter to Plaintiff on December 8, 2017. After receiving no response, Defendant again reached out on January 8, 2018, and again received no response. On January 8, 2018, the court signed and filed the stipulated protective order. Only after Defendant filed the instant Motion, did Plaintiff served verified supplemental responses on February 9, 2018. Plaintiff asserts that the Motion is moot because Plaintiff served further respons...
2018.2.23 Motion for Attorneys' Fees 736
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.23
Excerpt: ...es are authorized by contract, statute, or law. (Code Civ. Proc., § 1033.5, subds. (a)(10)(A), (B), & (C); Serrano v. Unruh (1982) 32 Cal.3d 621, 637.) Here, the court has already determined that fees are authorized by contract. There any question that Peloquin is the prevailing party on appeal. The court has broad authority to determine the amount of reasonable fees. (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095.) The court may make...
2018.2.16 Demurrer 814
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.16
Excerpt: ...f the plaintiff against which a determination is sought. (Code Civ. Proc., § 761.020, subd. (c).) If the plaintiff admits the validity of any adverse claim, the complaint must also contain that admission. This enables the action to determine the title against all persons, with specified exceptions, and avoids the need to litigate interests accepted as valid and to which the plaintiff's title is subject. (Code Civ. Proc., § 762.060, subd. (c).) ...
2018.2.16 Motion to Compel 700
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.16
Excerpt: ...vacy extends to one's confidential financial affairs as well as to the details of one's personal life”].) In doing so, the Court expressly noted “relevant bank customer information should not be wholly privileged and insulated from scrutiny by civil litigants”; rather, the trial court should employ “certain procedural devices” to “fashion[] an appropriate order that will, so far as possible, accommodate considerations of both disclosu...
2018.2.16 Motion to Continue Trial 329
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.16
Excerpt: ...s should be prepared to address available trial dates for October, November, and December 2018. ...
2018.2.16 Motion to Strike 900
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.16
Excerpt: ...uty against all Defendants. The court granted Plaintiff leave to amend after sustaining moving Defendants' demurrer to the third cause of action for breach of fiduciary duty in the SAC, reasoning in part that Plaintiff had not alleged that moving Defendants had a fiduciary duty to Plaintiff. (10/27/2017 Minute Order.) In the TAC, Plaintiff deleted moving Defendants from the breach of fiduciary duty cause of action which is now alleged against Def...
2018.2.9 Motion for Summary Adjudication 374
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...complaint].) The court also notes that even before the MSA was filed, Plaintiff dismissed the first and seventh causes of action in the Complaint. The issues regarding legality of e-signatures in this MSA were raised in the first cause of action in the Complaint, which was dismissed prior to the filing of the MSA. A defendant moving for summary judgment need not refute liability on some theoretical possibility not included in the pleadings. (Coun...
2018.2.9 Motion for Judgment on the Pleadings 073
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...: Civil Procedure Before Trial (The Rutter Group 2014) ¶ 9.53.1a, p. 9(l)- 33.) Cross-Defendant's motion is based on a contractual statute of limitations that, by its terms, does not appear to apply in this situation. Further, under existing law and on the pleadings alone, there is a question whether the provision would be enforceable. The introductory clause for the contractual statute of limitation says that “[e]xcept for actions by WZWL&H t...
2018.2.9 Motion for Bifurcation 860
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...ate, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, . . . .” In determining whether bifurcation is appropriate, courts often look to other factors aside from whether the case presents separate issues. For example, courts will consider the complexity of the issues, the risk of jury confusion, judicial economy, and whether the claims present separate and independent issu...
2018.2.9 Demurrer 370
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.9
Excerpt: ...e 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.) On demurrer, a complaint must be liberally construed. (Code Civ. Proc., § 452...
2018.2.2 Demurrer 628
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ... action, and overruled as to the other causes of action. As to Plaintiff Varney, the demurrer is sustained with 15 days leave to amend as to all but the seventh and eighth causes of action; the demurrer is overruled as to the seventh and eighth causes of action. Defendants' request for judicial notice is granted. First Cause of Action for Violation of Homeowners Bill of Rights (“HBOR”) Civil Code section 2923.7 requires mortgage servicers to ...
2018.2.2 Demurrer 845
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ...9/28/15 and the Certificate of Dissolution filed 9/28/15. Defendants' request for judicial notice of documents filed with the Secretary of State of California granted. Judicial notice of the existence and filings of these exhibits is appropriate, as well as the clear legal effects thereof, pursuant to Evidence Code section 452, subdivisions (c) and (h), but not the truth of any matters asserted therein. (Fontenot v. Wells Fargo Bank, N.A. (2011) ...
2018.2.2 Motion for Leave to File Complaint 556
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ...facts material to the case occurring after the former complaint or answer.” A motion to file a supplemental pleading is addressed to the sound legal discretion of the court. (Flood v. Simpson (1975) 45 Cal.App.3d 644, 647.) Plaintiff seeks to add five paragraphs to the First Amended Complaint, consisting of allegations that Defendant's enforcement of the governing documents was arbitrarily directed only at Plaintiff. Plaintiff argues that the e...
2018.2.2 Motion for Summary Judgment 743
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ...Code Civ. Proc., § 437c, subds. (a), (p)(2); see also, Willard v. Hagemeister (1981) 121 Cal.App.3d 406, 412-414.) Defendants Hassan M. Alkhouli, M.D. and Pathway Medical Group, Inc. shall submit electronically a proposed judgment and serve it on all parties. Defendants Hassan M. Alkhouli, M.D. and Pathway Medical Group, Inc. shall give notice of ruling. ...
2018.2.2 Motion to Compel Responses 835
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ...d,” thus, there is nothing to produce. While Defendants' response is appropriate, it does not fully comply with Code of Civil Procedure section 2031.230 (e.g., affirm that a diligent search and reasonable inquiry and whether the inability to comply is because the particular item or category has never existed, has been destroyed, etc.). Defendants are ordered to provide a further response that complies with the Code. No. 14 Plaintiff requests do...
2018.2.2 Motion to Deem Requests Admitted 977
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.2.2
Excerpt: ...urt 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”]; see also St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 782 [actual compliance not required where the proposed response is facially a good- faith effort to respo...
2018.1.26 Motion to Tax or Strike 035
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ...is sold and transferred al rights, title, and interest in the subject property to her. (Martz Decl., ¶ 2.) Based on that Declaration, on 8/22/16, the court ruled that: “Gayle Martz is substituted as a plaintiff in this action, in Orange County Superior Court Case No. 30-2009-00120639 (which has been consolidated with lead case No. 01CC15035), instead and in place of Plaintiffs.” Plaintiff argues that the court should exercise discretion and ...
2018.1.26 Motion to Stay Enforcement of Judgment 428
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ...of a bond, and that their value exceeds the value of any bond required by statute. Code of Civil Procedure section 917.2 permits a stay if the “personal property” that is the subject of the judgment or order appealed from is assigned or delivered or “placed in the custody of an officer designated by the court.” (Code Civ. Proc., § 917.2.) Code of Civil Procedure section 995.710 permits a deposit in lieu of bond if the deposit is in one o...
2018.1.26 Motion to Quash Service of Summons 315
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ... 481, 486-487.) “The granting of a continuance for discovery lies in the discretion of the trial court, whose ruling will not be disturbed in the absence of manifest abuse.” (Id. at p. 487.) The court of appeal in Beckmanstated that there was no abuse of discretion, as Plaintiff had not made a sufficient showing to allow it to conclude that further discovery would “likely lead to production of evidence establishing jurisdiction.” (Ibid.) ...
2018.1.26 Motion to Quash Deposition 828
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ...A "compelling need" is demonstrated where the information is "directly relevant" and "essential to the fair resolution" of the lawsuit. (Britt v. Superior Court(1978) 20 Cal.3d 844, 859.) Defendants have shown a compelling need for some of the requests. The First Amended Cross-Complaint ("FAX-C") includes causes of action for breach of contract, fraud, elder abuse, conversion, money had and received, and negligence. Plaintiff's Oppenheimer record...
2018.1.26 Motion to Compel Responses 934
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ...ord reflects that as of the date of Defendants' motions, Plaintiff failed to respond to the discovery. As a result, Plaintiff is ordered to provide verified responses, without objection, to the form interrogatories (set no. one), special interrogatories (set no. one), and requests for production of documents (set no. one), within 15 days of the notice of ruling. (Code Civ. Proc., §§ 2030.290, subd. (b); 2031.300; 2033.280, subd. (c); see Sinaik...
2018.1.26 Demurrer 923
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ...ited 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 remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is co...
2018.1.26 Application for Writ of Attachment 640
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2018.1.26
Excerpt: ...ndant. In the absence of appearance, mail service of the application is insufficient. Where the defendant has not yet appeared in the action and personal service is required, service must be made in the same manner as a summons. (Code Civ. Proc., § 482.070, subd. (d).) Also, here, the proofs of mail service do not show service on Defendant as opposed to other defendants in this action. The court also notes that on their face, the promissory note...

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