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2024.01.12 Motion to Compel Discovery Responses 631
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.12
Excerpt: ...e "[i]f a party to whom interrogatories are directed fails to serve a timely response." (Code Civ. Proc., S 2030.290, subd. (bj.) ay failing to serve timely responses, Plaintiff waived "any right 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 protection for work product." (Code Civ. Proc„ S 2030.290, subd. (a).) A propounding party ma...
2024.01.05 Motion for Leave to File FAC 199
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.05
Excerpt: ...bd. (a)(l).) 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., S 473, subd. Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may ...
2024.01.05 Motion for Discovery Sanctions 810
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.05
Excerpt: ...rotective order that Defendant filed "to delay" the discovery, contending the motions were untimely and frivolous. (Mot. Memorandum of Points and Authorities ["MPA"], at pp. 11-16 [ROA 781.) The Law on Discovery Sanctions "A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought." (Code Civ. Proc., S 2023.040.) For issue or evid...
2024.01.05 Demurrer 690
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.05
Excerpt: ...pear within the "four corners" of the pleading — which includes the pleading, any exhibits attached, and matters of which the court is permitted to take judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer "admit[s] all the properly pleaded material facts" and "even the most improbable alleged facts" are accepted as true. (Nolte v. Cedars-Sinai Medical Center (2...
2024.01.05 Motion to Compel Further Responses 568
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.05
Excerpt: ... may move to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under Code of Civil Procedure secton 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. (Code Civ. Proc., S 2030.300, subd. (a).) A motion to compel further responses to interroga...
2023.12.15 Motion to Seal 254
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.15
Excerpt: .... Rules of Ct., rule 2.550(c) ["Unless confidentiality is required by law, court records are presumed to be open." l.) Although that right is not absolute, the moving party has the burden to meet the requirements set forth in California Rules of Court 2.550-2.551. The motion or application "must" be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing." (Cal. Rules of Court, rule 2.551(b)(1).) To grant ...
2023.12.15 Motion to Quash Service of Summons 508
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.15
Excerpt: ...l service of a summons on such party." (Code Civ. Proc., S 410.50, subd. (a).) " ' "A general appearance operates as a consent to jurisdiction of the person, dispensing with the requirement of service of process, and curing defects in service." [Citation.]' [Citations.]" (Dial 800 v. Fesbinder (2004) 118 Cal.App.4th 32, 52.) A defendant appears in an action when the defendant, among other things, answers. (Code Civ. Proc., S 1014.) Furthermore, "...
2023.12.15 Motion to Compel Second Physical Exam 040
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.15
Excerpt: ... Good cause must be shown. (Code Civ. Proc., SS 2032.310, 2032.320.) As noted by a well-regarded practice guide, under the wording of Code of Civil Procedure section 2032.220, subdivision (a), when there are several defendants, "a plaintiff arguably may be compelled to submit to as many examinations as there are codefendants." (Weil & Brown, Cal. Practce Guide: Civil Procedure Before Trial (The Rutter Group 2023) 8:1522.) "This may be a 'glitch' ...
2023.12.15 Motion to Compel Further Responses 568
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.15
Excerpt: ...ounsel could have sent the meet and confer letter more than five days prior to the moton deadline. However, the court considers the circumstances leading up to that meet and confer letter, defense counsel's early request for more time to meet and confer, and Plaintiffs counsel's refusal to extend time for a motion to compel. Given that Plaintiff stands on her responses here, the court finds that any further meet and confer effort would have been ...
2023.12.08 Motion to Consolidate Unlawful Detainer Action 219
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.08
Excerpt: ...rial court in which the unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or it may consolidate the actions." The summary procedures of an unlawful detainer action apply in routine cases in which the tenant has failed to pay rent, not a case involving dispute over title. (ld. at pp. 387-390.) Here, Plaintiff and Defendant each assert ownership of the property at issue. ...
2023.12.08 Motion for Issue Sanction 608
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.08
Excerpt: ...amily 1998 Revocable Trust, and Defendants Brenda Mandelbaum and Uri Mandelbaum, as trustees of the Mandelbaum Trust dated November 1, 1988. 2. Defendant SNP Pharmacy, LLC received no consideration for transferring all its interests in the Batavia Property to Defendants Bentzion Mandelbaum and Michelle Mandelbaum, as trustees of the Mandelbaum Family 1998 Revocable Trust, and Defendants Brenda Mandelbaum and Uri Mandelbaum, as trustees of the Man...
2023.12.08 Motion to Set Aside Dismissal of Action 941
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.08
Excerpt: ...ormed counsel: "No appearance is necessary if the Request for Dismissal is filed five (5) court days prior to hearing, otherwise counsel to appear. [q] If there is no appearance at the Order to Show Cause hearing, the court may dismiss this case without any further notice to parties." (2/27/2023 Minute Order.) The parties waived notce. (2/27/2023 Minute Order.) On May 5, 2023, Plaintiffs' counsel (Chong Roh) appeared at the order to show cause he...
2023.12.08 Request for Preliminary Injunction 630
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.08
Excerpt: ... to an undivided 50% interest ("The Tiltons") remove an unapproved fence located at 713 Avenida Azor, San Clemente, California, 92673 (the "Property"). The request for preliminary injunction is denied. Legal Standard An injunction may be granted where it appears by the complaint that the plaintiff is entitled to the relief demanded and the relief consists in restraining the commission or contnuance of the act complained of. (See Code Civ. Proc., ...
2023.12.01 Motion to Vacate 366
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.01
Excerpt: ....) On May 12, 2023, the court ordered Plaintiff to provide further responses to TWDC Enterprises 18 Corp. motions to compel further responses to form interrogatories, set one, special interrogatories, set one, and requests for production of documents, set one, within 20 days of notice of the ruling. The court also ordered Plaintiff to provide further responses to Defendant Walt Disney Parks and Resorts U.S., Inc.'s motions to compel further respo...
2023.12.01 Motion to Strike FAC 648
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.01
Excerpt: ...aintiff's gross negligence claim (FAC, page 20, 104-106; page 24 at line 22). The remainder of the motion is denied. Defendants move to strike the claim for exemplary and punitive damages and all references supporting the same in the FAC. A plaintiff may recover exemplary damages in an action for the breach of an obligation not arising from contract if the plaintiff proves by clear and convincing evidence that defendants are "guilty of oppression...
2023.12.01 Motion to Set Aside Entry of Default, Judgment 240
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.01
Excerpt: ...l. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) '19.53. la.) Failure to Serve Statement of Damages Prior to Entry of Default Defendant contends the default and default judgment are void because Plaintiff Paul Barnat, D.D.S., failed to serve a statement of damages prior to seeking entry of default. Code of Civil Procedure section 425.11 states in pertinent part: (b) When a complaint is filed in an action to recover damages ...
2023.12.01 Motion to Disqualify Counsel 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.01
Excerpt: ... However, the Court declines to consider Plaintiffs' supplemental brief filed on November 28, 2023. Evidentiary Objections Omar Daher's objection to paragraph 41 of Joseph Dib's 11/13/2023 Declaration is sustained. Omar Daher's objections to paragraphs 21, 22, 24 (erroneously numbered 21 on page 8, line 12), 25, and 33 of Monica Dib's 11/13/2023 Declaration are sustained. Omar Daher's objection to paragraph 24 of Nassar's Declaration is sustained...
2023.12.01 Motion to Dismiss 442
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.01
Excerpt: ...s." (Olinick v. BMG Entertainment (20436) 138 Cal.App.4th 1286, 1294.) Code of Civil Procedure section 418.10, subdivision states: "A defendant, on or before the last day of his or her time to plead or within any further time that the court may for cause allow, may serve and file a notice of motion . [t]o stay or dismiss the action on the ground of inconvenient forum." California (and federal) courts presume the validity of forumselecton clauses....
2023.11.17 Motion for Summary Judgment 693
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.11.17
Excerpt: ...ne. "[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) '1 9.53.1a.) The fourth dtNument, Exhibit D, is the certificate of title and DMV renewal notice for Decedent's car, which Defendant also submitted as evidence. (See Evidence in Support ["EIS"; ROA 1361, Exh. F [LaSola Decl., at 8.) The court will consider certificate of title and D...
2023.11.17 Motion for Summary Judgment 288
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.11.17
Excerpt: ...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 relevantl.) Evidentiary Objections The court declines to rule on Plaintiff's and Defendants' evidentiary objections. (CINIe Civ. Proc., S 437c, subd. Applicable Law "[Flrom commencement to conclusion, the party moving for summary judgment the burden of persuasion that there is no triable issue of material fact and...
2023.11.17 Motion for Protective Order 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.11.17
Excerpt: ...ew evidence is not permitted with reply papers ... '[T]he inclusion of additional practice .. evidentiary matter with the reply should only allowed in the exceptional case . and if permitted, the other party should be given the opportunity to respond." (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Reply evidence should not address substantive issues in the first instance but only fill gaps in the evidence created by opposition. (ld. a...
2023.11.17 Demurrer 124
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.11.17
Excerpt: ... Cal.App.4th 1120, 1125.) 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 remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to in...
2023.11.17 Demurrer 014
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.11.17
Excerpt: ...(2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (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 therein by reference, or by its legal effect. (Miles v. Deutsche Bank National Trust Company (2015) 236 Cal.App.4th ...
2023.11.03 Motions to Quash 990
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.11.03
Excerpt: ...ocuments. The court "may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person." (Code Civ. Proc., S 1987.1, subds. (a), (b).) The party claiming a violation of the constitutional right of privacy must "[1] establish a legally protected privacy interest, [2] an objectively reasonable expectation of privacy in the given circu...
2023.10.30 Special Motion to Strike 416
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.10.30
Excerpt: ...Appeal issued its opinion. (ROA 179 [case number G051416].) The May 6, 2022 order denying Defendant Sylvia Nuttall's special motion to strike (Code Civ. S 425.16) as to the third, fourth, fifth, eighth, ninth, and tenth causes of action was affirmed. The order was also affirmed with respect to allegations of theft and related misconduct, which in part, support the second, sixth, and seventh causes of acton. (ROA 179.) The Court of Appeal held tha...

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