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2023.06.30 Motion to Quash Deposition Subpoenas 395
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.06.30
Excerpt: ...terms and conditions as the court shall declare including protective orders. In addition, the court 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.) Grounds for the motion include that the records sought are not within the permissible scope of discovery, are protected by privacy ...
2023.06.30 Demurrer 839
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.06.30
Excerpt: ...bility imposed by law” and that Plaintiff repeatedly informed Defendants of the defects. Defendants contend that since Plaintiff took possession of the Property in January 2016 and the conditions existed “at all relevant times” then Plaintiff's claims began to accrue in January 2016 and this action filed in December 2022 is untimely. “A demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily...
2023.06.30 Motion for Relief from Default 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.06.30
Excerpt: ...n the grounds of “mistake, inadvertence, surprise or excusable neglect.” A court may grant discretionary relief upon the moving party's showing of mistake, inadvertence, surprise or excusable neglect. (Leader v. Health Industries of Am., Inc. (2001) 89 Cal.App.4th 603, 615-616.) A defendant carries the burden of establishing inadvertence, surprise, mistake or excusable neglect by a preponderance of the evidence. (Transit Ads, Inc. v. Tanner M...
2023.06.30 Motion for Leave to File Complaint 307
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.06.30
Excerpt: ...e, "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 serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded." (Code Civ. Proc., § 426.30, subd. (a).) Here, Defendants' proposed claims for defamation, harassment, and in...
2023.06.23 Motion to Compel Further Responses 522
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.06.23
Excerpt: ... court has treated the motion as one to compel further responses from Kenneth Oda, as opposed to Defendant Kyle Oda, who is listed in the caption of the motion, notice of motion, and notice of errata. Legal Standard A party 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 section 2030.230 is unwarranted or t...
2023.06.23 Motion for Summary Judgment 708
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.06.23
Excerpt: ...3, 5, 6, and 9. The request is denied as to nos. 1, 2, 4, 7 and 8. It is not necessary to request judicial notice of documents in the court file. “[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.) Evidentiary Objections Bakkers' evidentiary objections are overruled. Summary Judgment/Adjudication Standard In both summar...
2023.06.16 Motion to Compel Further Responses 693
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.06.16
Excerpt: ...filing. But the court, in its discretion, may refuse to consider these papers in ruling on the motion. (Cal. Rules of Court, rule 3.1300(d); Kapitanski v. Von's Grocery Co., Inc. (1983) 146 Cal.App.3d 29, 32- 33.) Plaintiff's counsel points to the press of business as the reason he filed the opposition with only four court days' notice, in violation of Code of Civil Procedure section 1005, subdivision (b), which requires nine court days' notice. ...
2023.06.16 Motion to Compel Further Responses 367
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.06.16
Excerpt: ...provides: (a) Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits. (b) If an interrogatory cannot be answered completely, it shall be answered to the extent possible. (c) If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good fai...
2023.06.09 Motion to Set Aside Defaults 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.06.09
Excerpt: ...rty's showing of mistake, inadvertence, surprise or excusable neglect. (Leader v. Health Industries of Am., Inc. (2001) 89 Cal.App.4th 603, 615-616.) A defendant carries the burden of establishing inadvertence, surprise, mistake or excusable neglect by a preponderance of the evidence. (Transit Ads, Inc. v. Tanner Motor Livery, Ltd. (1969) 270 Cal.App.2d 275, 279.) “[T]he law favors disposing of cases on their merits.” (Fasuyi v. Permatex, Inc...
2023.06.09 Demurrer 037
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.06.09
Excerpt: ...orners” 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.) Limited to the “four corners” as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with sufficient d...
2023.05.26 Demurrer, Motion to Strike 166
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.26
Excerpt: ...hout leave to amend. Special Demurrer Defendant argues that the first through sixth and tenth through twelfth causes of action are uncertain. A 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 b...
2023.05.26 Motion to Compel Payment of Expert Deposition Fees 194
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.26
Excerpt: .... The deposition lasted for two hours. Roughan has been paid $500. There is a balance of $500. (Jones Decl., at 5-7, Exh. A.) Defendants do not oppose payment, and explain that a request for payment was sent to their insurance carrier on January 18, 2023. (Opp., at p. 4.) Defendants' carrier has had several months to pay the balance. The balance was originally due within five days of receipt of the itemized statement dated November 7, 2022. (See ...
2023.05.19 Motion to Compel Further Responses 843
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.19
Excerpt: ...o the extent Plaintiffs seeks to compel further responses from Selman Chevrolet Co., it is denied. 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., S 2031.010, subd...
2023.05.19 Motion for Relief from Waiver and Deemed Admissions 188
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.19
Excerpt: ...caused by untimely responses to interrogatories, requests for production of documents and requests for admission. To obtain relief, the party that waived objections must make a motion and the court must find "both of the following conditions are satisfied": (1) subsequent service of a substantially compliant response; and (2) that the "failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." (Code Civ. Pr...
2023.05.19 Demurrer 690
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.19
Excerpt: ...ial Council form instructs "(each complaint must have one or more causes of action attached)." However, Plaintiff only attached the Judicial Council form for a breach of contract cause of action. He failed to attach forms for common counts and quantum meruit. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) '1 6: 202 ["Tort and contract complaints require attachments: The other Judicial Council form complai...
2023.05.19 Demurrer 443
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.19
Excerpt: ...f 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.) Limited to the "four corners" as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with sufficient detail to acquaint a defendant with the nature, source and extent of the claim. (Leek v. Cooper (20...
2023.05.19 Motion for Summary Judgment 264
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.19
Excerpt: ...able issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) "A prima facie showing is one that is sufficient to support the position of the party in question." (ld. 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 complet...
2023.05.12 Motions to Compel Further Responses 366
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.12
Excerpt: ...ts Defendant Walt Disney Parks and Resorts U.S., Inc.'s ("WDPR") motions to compel further responses by Russell to: (1) form interrogatories, set one, nos. 2.5-2.8, 2.11, 6.1-6.7, 7.1-7.3, 9.1-9.2, 10.1-10.3, 11.1-11.2, 12.1-12.7, 13.1-13.2, 14.1- 14.2, and 17.1; (2) special interrogatories, set one; (3) requests for production of documents, set one; and (4) requests for admissions, set one. Background On September 2, 2022, the discovery at issue...
2023.05.12 Motion to Strike Punitive Damages 648
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.12
Excerpt: ...uld be denied because Moving Defendants failed to adequately meet and confer prior to filing the instant motion. (Opp., at p. 4.) The failure to sufficiently meet and confer is not a ground to grant or deny the motion to strike. (Code Civ. Proc., S 435.5, subd. Waiver Plaintiff argues that her counsel entered into an agreement with a representative of Traveler's Insurance on January 10, 2023 to extend the deadline to respond to the representative...
2023.05.12 Motion to Lift Stay of Proceedings 583
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.12
Excerpt: ...iled the instant motion. Defendant objects to the supplemental memorandum. Plaintiff failed to obtain leave of court prior to filing the supplemental memorandum. Nevertheless, the court exercised its discretion in considering the Plaintiff's supplemental memorandum. Under Code of Civil Procedure section 1281.4, upon request of a party, when the court orders a case to arbitration, it shall also stay the action until arbitration is completed. The p...
2023.05.12 Motion to Compel Further Responses 398
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.12
Excerpt: ...ify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior court (2000) 22 cal.4th 245, 255.) Defendant asserts that Plaintiff filed the instant motion "without warning" and thus prematurely cut short the meet and confer process. (Opp. at 2.) Prior to filing a motion to compel further responses, the moving party must meet and confer with the responding party in a reasonable and good faith attempt to informall...
2023.05.12 Demurrer 779
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.12
Excerpt: ...led in this action on June 3, 2022. (Opp., at p. 2, fn. 1.) 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 2021) g:53.1a.) Standing Bel Air Home contends Plaintiffs lack standing because they are bringing this action as successors-in-interest but ...
2023.05.05 Motion for Summary Adjudication 777
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.05
Excerpt: ...aration, paragraphs 13 and 18, and Exhibits 12 and 17, are sustained. Defendant's remaining objections are overruled. Summary Adjudication Standard In both summary judgment and summary adjudication proceedings, the pleadings determine the scope of the relevant issues. (Port Medical Wellness, Inc. v. Connecticut Genera/ Life Ins. co. (2018) 24 cal.App.5th 153, 169; FPI Development v. Nakashima (1991) 231 Cal.App.3d 367, 381-382 [pleadings serve as...
2023.05.05 Motion for Prejudgment Interest 631
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.05
Excerpt: ... Code section 3287, subdivision (a), is denied because the damages were not "liquidated." Subdivision (a) provides, in relevant part, that person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor...
2023.05.05 Motion for Summary Judgment, Adjudication 623
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.05
Excerpt: ...v. State Farm Mutual Auto. Ins. co. (2012) 211 cal.App.4th 1, 8-9.) Defendant's Non-compliant Separate Statement In its notice, Defendant moved for summary judgment, or in the alternative summary adjudication "on the following grounds"' The undisputed evidence in this matter demonstrates that the DEFENDANT did act negligently. Further, DEFENDANT did not breach any duty owed to the PLAINTIFF since (1) DEFENDANT did not act recklessly while engagin...
2023.05.05 Motion to Compel Arbitration 996
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.05.05
Excerpt: ...ontroversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof . . . shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (g U.S.C. 2.) "The 'principal purpose' of the FAA is to 'ensur[e] that private arbitration agreements are enforced according to their terms.'" (Lacayo v. Catalina Restaurant Group Inc. (2...
2023.04.28 Motion to Strike or Tax Costs 631
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.04.28
Excerpt: ...arty" is entitled to costs "as a matter of right." A "prevailing party" includes: (1) the party with a net monetary recovery; (2) a defendant in whose favor a dismissal is entered; (3) a defendant where neither plaintiff nor defendant obtains any relief; and (4) a defendant as against those plaintiffs who do not recover any relief against that defendant. (Code Civ. Proc., S 1032, subd. The court has no discretion to deny prevailing party status t...
2023.04.28 Motion for Reconsideration 533
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.04.28
Excerpt: ...ginal ruling. (Code Civ. Proc., S 1008, subd. (a). ) The motion must also be accompanied by an affidavit from the 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., S 1008, subd. A party seeking reconsideration also must provide a satisfactory explanation for the failure to prod...
2023.04.21 Motion to Compel Arbitration and Stay Proceedings 016
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.04.21
Excerpt: ...er Code of Civil Procedure section 1281.2, Defendants move for an order compelling arbitration of all claims in the Complaint and Cross-complaint. Defendants contend arbitration is mandatory pursuant to an arbitration provision in the "Design-Build Construction GMP Contract" (the "Contract"), a copy of which is attached to the motion as well as to the Complaint. The arbitration provision is found under "Article 23," entitled "ARBITRATION OF DISPU...
2023.04.21 Motion for Reconsideration 903
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.04.21
Excerpt: ...eeming Plaintiff Darrell Hallett a vexatious litigant, for a prefiling order, and requiring Plaintiff to furnish security in this action. The court ordered supplemental briefing. (3/3/2023 Minute Order; see Le Francois v. Goel (2005) 35 Cal.4th 1094, 1108; Marriage of Barthold (2008) 158 cal.App.4th 1301, 1307-1308.) Having considered the parties' supplemental briefing, the court finds that only one aspect of the September 30, 2022 order that sho...
2023.04.21 Motion for Attorney Fees 450
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.04.21
Excerpt: ... may claim reasonable attorney's fees here under Civil Code 51717(a) and C.C.P. S 1033.5(a)(10)(A). The fees claimed are for services provided by in-house attorneys. Reasonable fees for in house counsel's services may be recovered if not duplicative of services provided by other attorneys on the matter. (Mix v. Tumanjan Development Corp. (2002) 102 Cal.App.4th 1318, 1324; PLCM Group v. Drexler (2000) 22 cal.4th 1084, 1093.) Here, the fees claimed...
2023.04.21 Demurrer, Motion to Strike 516
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.04.21
Excerpt: ...50 et seq.) protects consumers against numerous unfair and deceptive business practices specifically set forth in the CLRA and provides remedies and procedures for claims involving those practices. (Civ. Code, SS 1760, 1780- 1782.) At least 30 days before filing a suit seeking damages, the plaintiff must notify the potential defendant of the alleged violations and demand correction. (Civ. Code, S 1782.) This notice must be in writing and must be ...
2023.04.07 Motion to Strike Prayer for Relief 135
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.04.07
Excerpt: ...pression, fraud or malice" toward plaintiff is not alone enough to render the employer liable for punitive damages. (See Civ. Code, S 3294, subd. (b).) Civil Code section 3294, subdivision (b) imposes punitive damages liability where the corporate employer itself acted egregiously or knowingly failed to act in connection with its wrongdoing employee. The employer is not punished for the employee's wrongful act but rather for its own wrongful cond...
2023.04.07 Motion to Compel Further Responses 236
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.04.07
Excerpt: ... asking Plaintiff to admit this. Plaintiff objected on the grounds the information sought was not relevant or reasonably calculated to lead to the discovery of admissible evidence, was protected by his right to privacy, and that the requests violated Labor Code section 1171.5, Civil Code section 3339, and Government Code section 7285. In responding to RFAs, a party has a duty to answer as completely and straightforwardly as the information reason...
2023.04.07 Motion to Compel Deposition of PMQ 001
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.04.07
Excerpt: ...examination is requested, "the deponent shall designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent." (Code Civ. Proc., S 2025.230.) A written objection to a deposition notice must be served at least three calendar days prior to the date for whi...
2023.04.07 Motion for Summary Judgment 118
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.04.07
Excerpt: ...ing for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . " (Ibid.) "A prima facie showing is one that is sufficient to support the position of the party in question." (ld. at p. 851.) Where a plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a cause of action entitling him or her to judgment. (Code Civ...
2023.04.07 Demurrer 061
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.04.07
Excerpt: ... 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 (2015) 236 Cal.App.4th 1401, 1406.) Breach of Written Cont...
2023.03.24 Demurrer to FAC 399
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.03.24
Excerpt: ... third and fifth causes of action are uncertain. (Dem., at p. 2.) 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 forgiven if the pleading contains sufficient facts entitling plain...
2023.03.24 Motion to Strike Answer 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.03.24
Excerpt: ... the court may impose whatever sanctions are just, including issue sanctions, evidence sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., S 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, gel.) Once a party is ordered by the court to provide responses to discovery, continued failure to respond may result in the...
2023.03.24 Demurrer to SAC 068
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.03.24
Excerpt: ...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.) Plaintiffs allege breach of the written contracts: In 2016, Plaintiffs and Defendants entered into a series of contracts related to the opening of a potential Weinerschnitzel franchise including: (1) Advertising Association Agreement, (2) Franchise Agreement, (3) Addendum to the Franchis...
2023.03.24 Demurrer, Motion to Strike 915
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.03.24
Excerpt: ... to strike portions of the SAC is denied in part and granted with 15 days leave to amend in part, as set forth below. Defendant seeks an order striking the following language from Plaintiff's SAC: 1) "DEFENDANTS' interference with ETEKCITY's right of possession to its Products has been done maliciously and oppressively." (SAC, at '1 47, p. 9:23-24.) 2) "DEFENDANTS' interference with ETEKCITY's contractual relationships has been done maliciously a...
2023.03.17 Motion for Attorney Fees 631
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.03.17
Excerpt: ...le, 'which provides that each party to a lawsuit must ordinarily pay his own attorney fees.'" (Cassim v. Allstate Ins. Co. (2004) 33 Cal.4th 780, 806 [quoting Trope v. Katz (1995) 11 cal.4th 274, 2781.) Civil Code section 1717 governs fee awards for contractual fee-shifting clauses when an action is on a contract. Civil Code section 1717, subdivision (a) provides in relevant part: In any action on a contract, where the contract specifically provi...
2023.03.17 Demurrer to SAC 575
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.03.17
Excerpt: ...n a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) plaintiff's performance of the contract or excuse for nonperformance, (3) defendant's breach, and (4) resulting damage to the plaintiff." (Richman v. Hartley (2014) 224 cal.App.4th 1182, 1186; CACI no. 303.) Plaintiff alleges that the parties entered into a settlement agreement. (SAC, at 14, Exh. D.) He has performed all covenants and conditions. (SAC, at 2...
2023.03.17 Demurrer 423
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.03.17
Excerpt: ...k of New York as successor in interest to The Bank of New York, National Association, as Trustee f/b/o holders of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust 2005-10, Mortgage Pass-Through Certificates, Series 2005-10) ("BNYM") (collectively, "Demurring Defendants") demur to the first, second, third, fifth, and sixth causes of action of Plaintiffs Maximiliana Plascencia and Ariel Higareda's Complaint. Demurring Defenda...
2023.01.20 Motion to Transfer Venue 540
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.01.20
Excerpt: ...n January 6, 2023 (ROA 47.) The dismissal of Bob Baker Automotive, Inc. from the action, does not render the motion to transfer venue moot, as FCA US, LLC has joined the motion. The motion to transfer venue is granted. The parties' requests for judicial notice are granted. (Evid. Code, §§ 452.) Plaintiffs' claims are for violations of the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Warranty Act, and for breach of implied warranty o...
2023.01.20 Motion to Enforce Settlement Agreement 484
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.01.20
Excerpt: ... pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” A court ruling on a motion...
2023.01.20 Motion to Compel Further Responses 773
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.01.20
Excerpt: ...cial 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.) Legal Standard A party 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 section 2...
2023.01.13 Motions to Compel Further Responses 773
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.01.13
Excerpt: ...icial 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.) Legal Standard A party 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 section ...
2023.01.13 Motion to Strike 795
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.01.13
Excerpt: ...edure and Rules of Court is expected by the court. Defendant's failure to satisfy its pre-filing meet and confer obligation is not a basis to deny the motion. (Code Civ. Proc., § 435.5, subd. (a)(4).) Rather, the motion is denied on its merits. A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a cour...
2023.01.13 Motion to Strike 015
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.01.13
Excerpt: ... the court. (Code Civ. Proc., § 436.) “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not support by the allegations of the complaint. (Code Civ. Proc., § 431.10, subd. (b).) A motion to strike can also strike legal conclusions. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The ...

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