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2021.02.19 Demurrer 516
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.02.19
Excerpt: ...is or her interest as a shareholder,' or a ‘derivative action filed on behalf of the corporation for injury to the corporation for which it has failed or refused to sue.' . . . ‘[Ordinarily,] The two actions are mutually exclusive: i.e., the right of action and recovery belongs either to the shareholders (direct action) or to the corporation (derivative action).' . . . When the claim is derivative, the ‘shareholder is merely a nominal plain...
2021.02.05 Special Motions to Strike 121
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.02.05
Excerpt: ...retion, at any later time upon terms it deems proper. (Code Civ. Proc., § 425.16, subd. (f).) This statute permits a motion against an amended complaint if it could not have been brought earlier, but to prohibit belated motions that could have been brought earlier. When more than 60 days have passed since service of the original complaint, a special motion to strike may be brought only against causes of action that were not pled in the original ...
2021.02.05 Demurrer 639
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.02.05
Excerpt: ... approximately two weeks before Dr. Holzner filed his demurrer to the SAC. (See ROA 157.) Dr. Holzner contends the SAC is a sham pleading because it omits certain factual allegations previously alleged in the FAC. Generally, after an amended pleading has been filed, courts will disregard the original pleading. (Berman v. Bromberg (1997) 56 Cal.App.4th 936, 945.) But an exception to this rule occurs when an amended complaint attempts to avoid defe...
2021.02.05 Demurrer 200
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.02.05
Excerpt: ...iconductor Corp. (2015) 242 Cal.App.4th 651, 659-660.) Special Demurrer for Uncertainty Defendants specially demurrer to the first through fourth causes of action. 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...
2021.01.29 Motion to Compel Responses, to Quash Deposition Subpoena 167
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.01.29
Excerpt: ...ng the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the mailing occurs, that he or she is over the age of 18 years and not a party to the cause, and showing the date and place of deposit in the mail, the name and address of the person served as shown on the envelope, and also showing that the envelope was sealed and deposited in the mail with the p...
2021.01.29 Application for Right to Attach Order 798
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.01.29
Excerpt: ...under general rule of motion practice, new evidence not permitted with reply papers and is only allowed in exceptional cases].) Upon the filing of a complaint or at any time thereafter, the plaintiff may apply for a right to attach order and writ of attachment by filing an application 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 th...
2021.01.22 Demurrer 923
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.01.22
Excerpt: ...cifically; general and conclusory allegations do not suffice.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 [citing Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 74].) “This particularity requirement necessitates pleading facts which 'show how, when, where, to whom, and by what means the representations were tendered.” (Lazar v. Superior Court, supra, 12 Cal.4th at p. 645.) In cases against corporate employers, “the plaintiff mus...
2021.01.15 Motion to Summary Judgment 770
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.01.15
Excerpt: ...able for the acts of OCFA's employee. Evidentiary Objections Tustin's objections to paragraphs 5 and 6 and corresponding Exhibits 4 and 5 in the Roberts Declaration, are sustained. The court declines to consider Tustin's objections in its response to Plaintiff's separate statement of additional facts. Those objections are denied as improper. The written objections must be served and filed separately from papers supporting or opposing the motion. ...
2021.01.15 Demurrer 755
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.01.15
Excerpt: ...l 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 plaintiff to relief. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.)...
2021.01.15 Demurrer 164
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.01.15
Excerpt: ...endant with the nature, source and extent of the claim. The degree of detail required depends on the extent to which the defendant in fairness needs such detail which can be conveniently provided by the plaintiff. Less particularity is required when the defendant ought to have co-extensive or superior knowledge of the facts. Under normal circumstances, there is no need for specificity in pleading evidentiary facts. However, bare conclusions of la...
2021.01.15 Demurrer 148
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.01.15
Excerpt: ...�452, subds. (d) & (h).) Geocon's request for judicial notice of documents filed in the instant matter (Exhs. A-C) is denied. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. A party may “simply call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2019) ¶ 9:53.1a.) In this action, it is undisputed Geocon, via Jospeh...
2020.12.18 Demurrer, Motion to Strike 632
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.12.18
Excerpt: ...dant of the issues it is being asked to meet, failure to label each cause of action is not ground for demurrer: “Although inconvenient, annoying and inconsiderate, the lack of labels . . . does not substantially impair [defendant's] ability to understand the complaint.” (Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139 fn. 2.) Plaintiff's opposition acknowledges that she has pled three distinct causes of action all within t...
2020.12.18 Motion to Compel Production of Incident Report 929
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.12.18
Excerpt: ... statement of compliance with the demand is incomplete; (2) a representation of inability to comply is inadequate, incomplete, or evasive; and (3) an objection in the response is without merit or is too general. 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 ...
2020.12.18 Motion for Judgment on the Pleadings 609
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.12.18
Excerpt: ... contacted Plaintiff “from 06/2018 till 03/2019 to make financial arrangements,” and, “while other financial organizations worked with Defendant to make arrangements,” Plaintiff “would not agree.” (Answer at p. 2, ¶ 4.) Applicable Law A motion for judgment on the pleadings has the same function as a general demurrer. (People v. $20,000 U.S. Currency (1991) 235 Cal.App.3d 682, 691.) Where, as here, the plaintiff is moving for judgment...
2020.12.18 Motion to Vacate, for Reconsideration 527
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.12.18
Excerpt: ...$4,290.50 to defense counsel. Plaintiff contends he did not file the correct expert declaration due to his counsel's mistake and inadvertence. The Court “may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or 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...
2020.12.11 Motion for Terminating Sanctions 341
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.12.11
Excerpt: ...2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, 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 ...
2020.12.04 Motion to Compel Arbitration, Stay Action 709
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.12.04
Excerpt: ...ant. (Compl., at ¶ 7, Exh. A [“Lease Agreement”].) In connection with the lease, “Plaintiff received an express written warranty in which Defendants undertook to preserve or maintain the utility or performance of the Subject Vehicle to provide compensation if there is a failure in utility or performance for a specified period of time.” (Compl., at ¶ 8.) The defects developed during the warranty period, the Vehicle “contained or develo...
2020.12.04 Motion for Summary Judgment 109
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.12.04
Excerpt: ...y Dr. Mark Reed, a podiatrist, and Dr. Andrew Vardanian, a plastic surgeon. (See Objections [ROA 151 & 152]; Reply, at p. 2.) “Expert testimony is admissible only if based on matter of a type that may reasonably be relied on by an expert in forming an opinion on the subject to which his testimony relates.” (Kelley v. Trunk (1998) 66 Cal.App.4th 519 523 [citing Evid. Code, § 801, subd. (b)].) “There is only one standard for admissibility of...
2020.12.04 Demurrer 655
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.12.04
Excerpt: ...ed wage and hour violations. In relevant part, the Complaint alleges: 6. Plaintiffs are informed and believe that defendant SAM METCALF is, and at all relevant times was, a legal resident in Orange County, California. At all relevant times, defendant SAM METCALF has been an owner, director, officer, and/or managing agent of defendant NOVO MISSION INC. He is, therefore, subject to liability for “acting on behalf of an employer” under Californi...
2020.12.04 Demurrer 309
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.12.04
Excerpt: ...ated that the demurrer was as to "each cause of action asserted therein against Moving Party." (Demurrer, at p. 2.) The first cause of action for trespass is only against Ms. Andrews. The Court already overruled Ms. Andrews' demurrer as to the first cause of action. (See 11/15/2019 Minute Order [ROA 84].) The Memorandum of Points and Authorities also makes clear that the demurrer is not as to the first cause of action for trespass. (See Demurrer,...
2020.11.20 Motions to Compel Further Deposition 357
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.11.20
Excerpt: ...imely filed motions to compel answers. Legal Standard If a deponent fails to answer a deposition question or produce documents or things designated in the deposition notice or subpoena, the examiner may either complete the examination on other matters or adjourn the deposition. (Code Civ. Proc., §§ 2025.460, subd. (e); 2025.480, subd. (a).) The motion to compel must be accompanied by a declaration stating facts showing “a reasonable and good ...
2020.11.20 Motion for Leave to File Amended Complaint 840
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.11.20
Excerpt: ... and on any terms as may be proper, allow a party to amend any pleading.” (Code Civ. Proc., § 473, subd. (a)(1); see Code Civ. Proc., § 576.) The court's discretion will usually be exercised liberally so as not to deprive a party of the right to assert a meritorious cause of action or defense. The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the gran...
2020.11.20 Demurrer, Special Motions to Strike 998
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.11.20
Excerpt: ...y Cooper, and Cliff Higgerson, are granted. Requests for Judicial Notice Defendants' request for judicial notice is granted as to exhibits 1 through 18. (Evid. Code, § 452, subds. (d), (h).) The court may not take judicial notice of the truth of the matter stated in the documents. (Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 659-660.) However, the truth of statements “may be accepted when made by a party but not th...
2020.11.20 Demurrer 639
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.11.20
Excerpt: ...ever comes first. (Code Civ. Proc., § 340.5.) For purposes of the one–year statute, “the accrual date is delayed until plaintiff is aware of her injury and its negligent cause.” (Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1109.) “In order to adequately allege facts supporting a theory of delayed discovery, the plaintiff must plead that, despite diligent investigation of the circumstances of the injury, he or she could not have reaso...
2020.11.13 Motion for Summary Judgment 463
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.11.13
Excerpt: ...d 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.” (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 action. (Code Civ....
2020.11.13 Motion for Summary Judgment, Adjudication 319
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.11.13
Excerpt: ... Cal.4th 826, 850.) “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 action. (Code Civ. Proc., § 437c, subd. (p)(2).) The scope of this burden is determined by the all...
2020.11.13 Special Motion to Strike 998
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.11.13
Excerpt: ...tice of the truth of the matter stated in the documents. (Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 659-660.) However, the truth of statements “may be accepted when made by a party but not those of third parties or an opponent.” (C.R. v. Tenet Healthcare Corp. (2009) 169 Cal.App.4th 1094, 1103.) In addition, “the contents of a document may only be accepted ‘where there is not or cannot be a factual dispute c...
2020.11.06 Petition for Leave to File Late Claim 947
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.11.06
Excerpt: ...blic entity for money or damages must first present a claim to the public entity. Generally, no suit for money or damages may be brought until a timely claim has been filed and acted upon by the public entity. (Govt. Code, § 945.4.) “Under [Government Code] section 911.2, ‘[a] claim relating to a cause of action for death or for injury to person or to personal property ... shall be presented as provided in Article 2 (commencing with Section ...
2020.11.06 Motion to Compel Further Responses 915
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.11.06
Excerpt: ... Procedure does not provide for a sur-reply to be filed. (Code Civ. Proc., § 1005.) Defendant did not seek prior court order before filing these documents. Code of Civil Procedure section 2031.220 requires a party responding to an inspection demand to respond with (1) a statement that it will comply, (2) a representation that it does not have the ability to comply, or (3) an objection. (Code Civ. Proc., § 2031.220.) An agreement to comply must ...
2020.11.06 Demurrers 245
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.11.06
Excerpt: ...demurrer to the first, second, third, tenth, and seventeenth through twentieth causes of action as to Dad's lack of standing. These causes of action are claims derived from a physician or health care provider relationship. No facts were pled showing that Dad was Defendants' patient. Dad is not a proper plaintiff for these claims. He does not have standing to assert these causes of action. (Keene v. Wiggins (1977) 69 Cal.App.3d 308, 313 [a health ...
2020.10.30 Demurrer, Motion to Strike 886
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.10.30
Excerpt: ...ere 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 fa...
2020.10.30 Demurrer 953
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.10.30
Excerpt: ...s an “affirmative defense”), and thus must be specially pleaded in the answer. (See California Academy of Sciences v. County of Fresno (1987) 192 Cal.App.3d 1436, 1442 [failure to plead equitable defenses waived those defenses].) A defendant raising such new matters must allege ultimate facts sufficient to prove the defense with the same level of detail that a plaintiff is required to allege ultimate facts to support a cause of action in a co...
2020.10.23 Demurrer 869
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.10.23
Excerpt: ...d of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.' A defendant's conduct is ‘outrageous' when it is so ‘extreme as to exceed all bounds of that usually tolerated in a civilized community.' And the defendant's conduct must be ‘intended to inflict injury or engaged in wi...
2020.10.16 Motion to Quash or for Protective Order 527
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.10.16
Excerpt: ... are overruled as to nos. 1- 5, and sustained as to the remaining objections. Code of Civil Procedure section 1987.1, subdivision (a) provides: “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivisi...
2020.10.16 Motion for Summary Judgment, Adjudication 694
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.10.16
Excerpt: ...ests for Judicial Notice The court denies Plaintiff's requests for judicial notice of the federal complaint filed in United States v. Hossein Wasiri, a/k/a "Frank Wasiri" (USDC SDNY case no. 1:19-cr-00423-ALC); judgment filed in Nazari v. Wasiri (OCSC case no. 30-2013-00663025); declaration of Samuel Yu filed in Nazari v. Wasiri (OCSC case no. 30-2015-00778844); and judgment filed in Aska Sakan, Inc. v. Wasiri (OCSC case no. 30-2018-00982440), as...
2020.10.09 Motion to Dismiss 494
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.10.09
Excerpt: ...ssed, or stayed pending the action they have already initiated in Delaware. Pursuant to Code of Civil Procedure section 418.10, subdivision (a)(2), a defendant, on or before the last day of her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to stay or dismiss the action on the ground of inconvenient forum. “When a case involves a mandatory forum selection clause, it will u...
2020.10.09 Demurrer 932
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.10.09
Excerpt: ...Violation of Elder and Dependent Adult Civil Protection Act The first cause of action is for elder abuse/neglect. “The purpose of the [Elder Abuse Act] is essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect.” (Delaney v. Baker (1999) 20 Cal.4th 23, 33.) Pursuant to Welfare and Institutions Code section 15610.57, neglect means the “negligent failure of ...
2020.10.02 Motion to Compel Further Responses 248
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.10.02
Excerpt: ...1 and Special Interrogatories nos. 4-6 Plaintiff requests the settlement agreement in case number 30-2012-00540874 and information about the underlying settlement. Defendant objected to the discovery request on the grounds that the settlement agreement was confidential and that disclosure would violate the right to privacy of the parties to the agreement. The California Supreme Court recently recognized the role that confidentiality plays in faci...
2020.10.02 Motion to Compel Further Responses 646
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.10.02
Excerpt: ...roc., § 1010 [“Notices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, and the papers, if any, upon which it is to be based.”]; Cal. Rules of Ct., rule 3.1110(a) [“A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.”].) Although Plaintiff raised this deficiency in its ...
2020.09.25 Motion for Attorney's Fees 171
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.09.25
Excerpt: ... attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. Where a contract provides for attorney's fees, as set forth above, that provision sha...
2020.09.25 Demurrer 136
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.09.25
Excerpt: ... mediate any dispute or claim arising between them out of this Agreement or any resulting transaction before resorting to court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made then that party shall not be...
2020.09.18 Motion for Sanctions 248
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.09.18
Excerpt: ...; (2) the claims, defenses, or other legal contentions are warranted by existing law or by a nonfrivolous argument for the extension, modification or reversal of existing law or the establishment of new law; (3) the allegations and other factual contentions have evidentiary support, or if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further Investigation or discovery; and (4) the denials of...
2020.09.18 Demurrer, Motion to Strike 619
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.09.18
Excerpt: ...Act and for breach of express and implied warranties, Plaintiffs allege that Defendant is liable for fraud by omission. Specifically, Plaintiffs allege Defendant “committed fraud by allowing the Vehicle to be sold to Plaintiff[s] without disclosing that the Vehicle and its Diesel Engine and attendant fuel and exhaust system was defective and susceptible to sudden and premature failure.” (FAC, at ¶ 51.) Defendant allegedly knew, “since 2010...
2020.09.11 Motion to Quash Deposition Subpoena 693
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.09.11
Excerpt: ...esent. After Defendant objected to the subpoena, the DMV sent a letter dated June 19, 2020, stating that it would not produce the requested records “until further notice from the Objector or by court order.” (Robinson Decl. [ROA 121] at ¶ 20, Exh. 11.) The DMV further explained that, “once the production moves forward,” a number of “confidential information objections would apply.” Under “additional information,” the DMV explaine...
2020.09.11 Motion for Summary Judgment 083
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.09.11
Excerpt: ...Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) Evidentiary Objections Plaintiffs' evidentiary objections are all overruled. Defendant's evidentiary objections are overruled as to nos. 1, 2, 5, 6, and 9, and sustained as to nos. 3, 4, and 7-8. Applicable Law “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fa...
2020.09.04 Motion to Strike 768
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.09.04
Excerpt: ...rmity with the laws of this state, a court rule, or an order of the court. Strict Liability (Second Cause of Action) Defendants seek to strike the second cause of action on the ground that the Complaint does not allege anywhere that Plaintiff's injuries arise from a dog bite and has not pled facts to show the strict liability dog bite statute applies. (Mot., at pp. 3-4, 8-9.) Defendants' motion to strike the entire cause of action is improper. Su...
2020.09.04 Motion to Seal 438
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.09.04
Excerpt: ...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).) The court may order that a record be filed under seal only if it expressly finds facts that establish that: there exists an overriding interest that overcomes the right of public access to the record; the overriding interest supports sealing the record; a substantial probability exists that the o...
2020.09.04 Motion for Sanctions 690
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.09.04
Excerpt: ...g answers to discovery, 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 r...
2020.09.04 Motion for Attorney's Fees 359
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.09.04
Excerpt: ... 26 are overruled. The remaining evidentiary objections are sustained. Request for Judicial Notice Defendant's request for judicial notice is denied as irrelevant. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063.) Merits Civil Code section 1794, subdivision (d) states: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate ...
2020.09.04 Demurrer 966
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.09.04
Excerpt: ...ion for Breach of Contract The elements of breach of contract are (1) existence of a contract, (2) plaintiff's performance or excuse from non-performance, (3) breach by defendant, and (4) damages. (First Commercial Mortgage Co. v. Reece (2001) 89 Cal.App.4th 731, 745.) 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�...
2020.08.28 Motion to Declare Vexatious Litigant, Require Posting of Security 408
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.28
Excerpt: ... (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. (Code Civ. Proc., § 391, subd. (b)(1).) “Finally determined” means that all avenues for direct review (appeal) have been exhausted or the time for appeal has expired. (Childs v. PaineWebber Inc. (1994) 29 Cal.App.4th 982, 994.) Voluntarily dismissing the action counts as an adve...
2020.08.28 Demurrer 509
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.28
Excerpt: ...der 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 within defendant's knowledge. (Khoury v. Maly's of California, I...
2020.08.21 Motion to Enforce Settlement Agreement 943
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.21
Excerpt: ...hat is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) Code of Civil Procedure section 664.6 provides: “If parties to 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...
2020.08.21 Motion to Compel Further Responses 265
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.21
Excerpt: ...part. The motion is granted as to request numbers 14 and 15. The motion is denied as to request numbers 8-13 and 16. Pursuant to Code of Civil Procedure section 2031.210, subdivision (a), a party responding to a request for production shall respond by: (1) a statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to par...
2020.08.21 Motion to Compel Arbitration 636
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.21
Excerpt: ...020, B296194) __ Cal.App.5th __ [2020 WL 4187851], is granted. (Evid. Code, § 452, subd. (a).) Defendants' request for judicial notice of documents filed with the North Carolina Secretary of State is granted. (Rose Supp. Decl., Exh. 6.) Judicial notice of the existence and filings of Exhibit 6 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 matt...
2020.08.21 Motion to Compel Arbitration 549
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.21
Excerpt: ...at: (d) The right to compel arbitration has been waived by the petitioner; or (e) Grounds exist for the revocation of the agreement. (f) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. . . . (Code Civ. Proc., § 1281.2.) Ca...
2020.08.21 Motion for Leave to File Amended Complaint 136
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.21
Excerpt: ...or demurrer. (Code Civ. Proc., § 473, subd. (a)(1).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code of Civ. Proc., § 473, subd. (a)(1).) Additionally, any judge, at any time before or after commencement of trial, in the ...
2020.08.21 Demurrer 869
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.21
Excerpt: ...ability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.' A defendant's conduct is ‘outrageous' when it is so ‘extreme as to exceed all bounds of that usually tolerated in a civilized community.' And the defendant's conduct must be ‘intended to inflict injury or engaged in with the realiz...
2020.08.14 Motion to Compel Response to Business Records Subpoena 463
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.14
Excerpt: ...deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect...
2020.08.14 Motion to Compel Arbitration 301
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.14
Excerpt: ...at a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. (c) A party to the arbitration agreement is also a party to a pending court act...
2020.08.14 Motion for Terminating Sanctions 031
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.14
Excerpt: ...y an order compelling answers to discovery, 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, co...
2020.08.14 Demurrer, Motion to Strike 117
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.14
Excerpt: ...(1994) 7 Cal.4th 1057, 1063.) Moving Defendants generally and specially demur Plaintiffs' first cause of action for negligence. Their primary contention is the FAC fails to allege facts showing that they owed a duty to Plaintiffs. 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,...
2020.08.07 Motion to Compel Further Responses 097
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.07
Excerpt: ...interrogatories on the grounds that the answer is evasive or incomplete. (Code Civ. Proc., § 2030.300, subd. (a)(1).) Prior to filing such a motion, the moving party must meet and confer with the responding party in a reasonable and good faith attempt to informally resolve each issue that would be presented by the motion. (Code Civ. Proc., § 2030.300, subd. (b); see Code Civ. Proc., § 2016.040.) If a timely motion to compel has been filed, the...
2020.08.07 Demurrer 915
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.08.07
Excerpt: ...ence 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...
2020.07.31 Motion to Strike Answer 765
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.07.31
Excerpt: ...alifornia discovery law authorizes a range of penalties for conduct amounting to ‘misuse of the discovery process,'” which is defined in Code of Civil Procedure section 2023.030. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) “The 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 sanctio...
2020.07.31 Demurrer 748
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.07.31
Excerpt: ...ted 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 within defendant's knowledge. (Khoury v. Maly's of California, Inc., supra, 14 Cal.App.4th at p. 616.) A party attacking a pleading on “uncertainty” grounds must specify how and why the pleadi...
2020.07.24 Motion to Dissolve Preliminary Injunction 426
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.07.24
Excerpt: ...C); and (4) the Notice of Trustee's Sale recorded on August 21, 2017 (Exh. D). The court may take judicial notice of a fact or proposition contained in a recorded document that cannot reasonably be controverted. (Jenkins v. JP Morgan Chase Bank, N.A. (2013) 216 Cal.App.4th 497, 536, disapproved on other grounds in Yvanova v. New Century Mortg. Corp. (2016) 62 Cal.4th 919, 939, fn. 13; see generally, Fontenot v. Wells Fargo Bank, N.A. (2011) 198 C...
2020.07.24 Motion to Compel Further Responses 265
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.07.24
Excerpt: ...l further response to special interrogatory number 15. Special interrogatory number 15 requested: “IDENTIFY, by name, address, and National Provider Identifier (“NPI”) number, all CONTRACTED PROVIDERS where YOU could have transferred MEMBERS.” (Cox Decl., Exh. 1.) The motion is denied. 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 produ...
2020.07.24 Motion for Summary Judgment 138
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.07.24
Excerpt: ...(The Rutter Group 2019) ¶ 9:53.1a.) Evidentiary Objections All documentary evidence must be presented in admissible form. Basically, the evidence must be properly identified and authenticated, admissible under the secondary evidence rule, and nonhearsay or admissible under some exception to the hearsay rule. The contents of documents attached to a declaration do not become admissible simply because they are incorporated by reference therein. If ...
2020.07.24 Motion for Protective Order 345
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.07.24
Excerpt: ... issue whatever order “justice requires” to protect a party or deponent against “unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (See Code Civ. Proc., § 2025.420(b).) The “burden is on the party seeking the protective order to show good cause for whatever order is sought.” (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255; see also Nativi v. Deutsche Bank National Trust Co. (2014) 223 ...
2020.07.24 Motion for Non-Monetary Sanctions and Monetary Sanctions, to Compel Further Responses 295
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.07.24
Excerpt: ...ther responses to her first sets of form interrogatories, requests for admission, and requests for production of documents, and to compel responses to her first set of special interrogatories. Plaintiff has improperly combined five separate motions into one document, and paid only one filing fee. (See Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) ¶ 9:23.4 [each motion “should normally be set forth in a...
2020.07.17 Motion to Strike or Tax Costs 086
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.07.17
Excerpt: ...e clerk (or any party) mails out notice of dismissal or entry of judgment. The memorandum must include a supporting declaration affirming that the costs were reasonable and necessarily incurred. (Cal. Rules of Ct., Rule 3.1700; Daniels v. Robbins (2010) 182 Cal.App.4th 204, 228.) No proposed judgment is required in order to perfect the memo of costs. (Fries v. Rite Aid Corp. (2009) 173 Cal.App.4th 182, 185.) Allowable costs must be reasonable and...
2020.06.26 Motion to Quash Deposition Subpoena 756
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.06.26
Excerpt: ...overy, LLC (see ROA 155); Harry L. Haroutunian, M.D. (see ROA 154); and, Dr. Harry Recovery & Wellness Network (see ROA 153). Each subpoena requests the same nine categories of documents. In her separate statements, Plaintiff did not include categories 4 and 5. Thus, Plaintiff only challenges categories 1 through 3, and 6 through 9. (See Cal. Rules of Court, rule 3.1345(a)(5).) Code of Civil Procedure section 1987.1, subdivision (a) provides: “...
2020.06.26 Demurrer 903
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.06.26
Excerpt: ... second cause of action is alleged against Jacquet and Freedom Capital Partners, LLC. The seventh cause of action is alleged against Jacquet, E.A. Jacquet, and Kohen-Leasure. The demurrer is overruled in part and sustained in part. The demurrer as to the first, second, and seventh causes of action is overruled. The demurrer as to the third, fourth, and fifth causes of action is sustained without leave to amend. A demurrer presents an issue of law...
2020.06.19 Demurrer 741
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.06.19
Excerpt: ...k is ordered to indicate in the Court's records that Defendant El Toro Warehouse, Inc. is not represented by Abir Cohen Treyzon Salo, LLP and has not responded to the Complaint. DEMURRER The Court considered this demurrer as having only been made by Bonilla. Bonilla's demurrer to Plaintiffs Tyral B. Edmundson, Osbelia G. Edmundson, and Daniel Perales' Complaint, is sustained in part and overruled in part. The demurrer as to the fourth and fifth c...
2020.06.19 Motion to Amend Judgment 749
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.06.19
Excerpt: ...essary 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 2019) ¶ 9.53.1a.) Ozuna's objection to the statement in paragraph 59 of the Hariri Declaration that Alta is not a successor to IPCE, is sustained. Ozuna's remaining evidentiary objections are ove...
2020.03.13 Motion for Summary Judgment 374
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.03.13
Excerpt: ...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 question.” (Id. at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elem...
2020.03.13 Demurrer 053
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.03.13
Excerpt: ...are and breached it proximately causing the emotional distress damage to the plaintiff. (Ess v. Eskaton Properties, Inc. (2002) 97 Cal.App.4th 120, 127; Gu v. BMW of North America, LLC (2005) 132 Cal.App.4th 195, 204; Ragland v. U.S. Bank Nat. Assn. (2012) 209 Cal.App.4th 182, 206.) As for a bystander claim, such a claim requires that the victim has suffered severe distress as a result of witnessing physical injury to a person who is closely rela...
2020.03.13 Motion for Terminating Sanctions 352
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.03.13
Excerpt: ...in the body of the answer, it stated: “Defendant Matt Kolta, an individual, hereby answers Plaintiff's (“Plaintiff”) complaint.” Matt Kolta is not a named defendant in this action. Furthermore, almost all of the affirmative defenses refer to “Defendants”. The ninth, eleventh, and twelfth affirmative defenses refer to a “Defendant Satish.” Satish is also not a named defendant in this action. Most importantly, Mina Kolta is not iden...
2020.03.06 Motion for Leave to Amend Complaint 020
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.03.06
Excerpt: ...ice of the moving papers to be filed no later than five court days before the time appointed for the hearing. On March 2, 2020, Plaintiff filed a document entitled “Plaintiff's Response to Defendant FCA US LLC's Opposition to Plaintiff's Motion to Amend Complaint to Reinstate Punitive Damages.” To the extent Plaintiff intended for this document to be considered a reply, it was untimely filed and served. (Code Civ. Proc., § 1005, subd. (b).) ...
2020.03.06 Motion for Judgment on the Pleadings 237
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.03.06
Excerpt: ...dered Defendant's reply to the opposition. On March 3, 2020, Plaintiff filed a document entitled “Plaintiff's Reply to Defendant's Reply.” Plaintiff did not obtain prior leave of Court to file this document. Accordingly, the Court did not consider this document. In ruling on a demurrer or motion for judgment on the pleadings, the trial court examines the pleading to determine whether it alleges facts sufficient to state a cause of action unde...
2020.03.06 Demurrers 869
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.03.06
Excerpt: ...ion of emotional distress (“NIED”) is sustained without leave to amend. Defendant Bhumy Dave Heliker's demurrer to Plaintiff's third cause of action for IIED is sustained with 15 days leave to amend. Heliker's demurrer to the fourth cause of action for NIED is sustained without leave to amend. Third Cause of Action for IIED “A cause of action for intentional infliction of emotional distress exists when there is ‘(1) extreme and outrageous...
2020.03.06 Demurrer, Motion to Strike 721
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.03.06
Excerpt: ...te permitted by the court, the untimely amendment is subject to a motion to strike. (Cal. Rules of Ct., Rule 3.1320.) Statute of Limitations A three-year statute of limitation applies to fraud claims. (Code Civ. Proc., § 338, subd. (d).) Where, as here, the running of the statute clearly and affirmatively appears from the dates alleged in the SAC, the Plaintiffs bear the burden of pleading and proving they did not discover, or have reason to dis...
2020.02.28 Motion for Terminating Sanctions 588
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.28
Excerpt: ...discovery, 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 re...
2020.02.28 Motion for Summary Judgment 117
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.28
Excerpt: ... 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 2018) ¶ 9:53.1a.) As to nos. 6, 7, and 8, the declarations in an exhibits are hearsay. Judicial notice of other court records and files is limited to matters that are indisputably true. Thi...
2020.02.28 Motion to Strike 891
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.28
Excerpt: ...nt is “guilty of oppression, fraud, or malice.” (Civ. Code, § 3294, subd. (a).) Malice is defined as “conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” (Civ. Code, § 3294, subd. (c)(1).) Oppression is defined as “despicable conduct that subjects a person to cruel and unjust har...
2020.02.28 Motion to Strike Answer, for Entry of Default 211
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.28
Excerpt: ... stricken, and Verona Collection's default should be entered, because Verona Collection is a foreign corporation that “does not hold a valid certificate from the California Secretary of State in violation of [Corporations Code] Section 2105,” and “lacks the right and the capacity to defend and/or maintain any action or proceedings in any court of this state” under Corporations Code section 2203. (Mot., at p. 3.) Corporations Code section ...
2020.02.28 Special Motion to Strike 953
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.28
Excerpt: ...lemental briefing from the parties regarding the applicability of Donovan v. Dan Murphy Foundation (2012) 204 Cal.App.4th 1500. 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) 23...
2020.02.21 Special Motion to Strike 341
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.21
Excerpt: ...5.16, subd. (b)(1); Finton Construction, Inc. v. Bidna & Keys, APLC (2015) 238 Cal.App.4th 200, 208.) An “ ‘act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue' includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, (2) any written o...
2020.02.21 Motion to Strike 866
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.21
Excerpt: ...h and nineteenth causes of action respectively. Where a court grants leave to amend after sustaining a demurrer, the scope of permissible amendment is limited to the causes of action to which the demurrer has been sustained. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023 [ruling that adding new cause of action after demurrer is improper]; People v. Clausen (1967) 248 Cal. App. 2d 770, 785-86 [finding that adding new party aft...
2020.02.21 Motion to Continue Trial 891
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.21
Excerpt: ...re disfavored. (Cal. Rules of Ct., Rule 3.1332(c).) The Court “may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) The unavailability of a party because of death, illness, or other excusable circumstances; (3) The unavailabili...
2020.02.14 Motion to Continue Trial, to Compel Inspection 001
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.14
Excerpt: ...ed.” (Cal. Rules of Ct., Rule 3.1332(b).) Trial continuances are disfavored. (Cal. Rules of Ct., Rule 3.1332(c).) The Court “may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) The unavailability of a party because of death,...
2020.02.14 Motion for Reconsideration 873
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.14
Excerpt: ...e prior to or at the hearing showing the papers were properly served on Defendant. Plaintiff's motion is entitled motion to reconsider and Plaintiff seeks reconsideration of the dismissal. However, Plaintiff essentially moves for relief pursuant to Code of Civil Procedure section 473 and not Code of Civil Procedure section 1008. In addition, Plaintiff does not show any new or different facts, circumstances, or law to support a motion for reconsid...
2020.02.07 Motion to Disqualify Attorney of Record 271
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.07
Excerpt: ...10(c)) provides that a lawyer will not, without informed written consent from each client, represent a client with an interest adverse to another client. In considering conflicts of interest in a concurrent representation, the court must focus on the attorney's duty of loyalty. (Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 428.) “A per se or automatic disqualification rule applies when counsel's representation of one client is ...
2020.02.07 Motion to Compel Deposition 031
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.07
Excerpt: ...e and testimony at deposition. Here, Defendant conducted the first session of Plaintiff's deposition on June 17, 2019. However, it was cut short. The parties stipulated to a second session. (Grandy Decl., ¶ 4.) On three occasions, Defendant attempted to notice Plaintiff's continued deposition, with the latest date being December 5, 2019. (Grandy Decl., ¶¶ 5- 10.) However, on December 4, 2019 at 4 pm, counsel was advised that Plaintiff was unav...
2020.02.07 Demurrer 327
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.02.07
Excerpt: ...se of action, the fourth cause of action as to Plaintiffs Donovan and Curtis Reale only. The remainder of the demurrer is overruled. Request for Judicial Notice In support of both Motions, Defendants request that the court judicially notice the Complaint. The request 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 ...
2020.01.31 Special Motion to Strike 953
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.31
Excerpt: ...mits 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 motion may be used to attack portions of a cause of action, even if the motion does not defeat the entire purported cause of action. (Baral v...
2020.01.31 Motion to Quash Service of Summons 248
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.31
Excerpt: ...enges jurisdiction by way of a motion to quash, the plaintiff bears the burden of establishing by a preponderance of the evidence that minimum contacts exist between the defendant and the forum state to justify imposition of personal jurisdiction.” (Elkman v. Nat. States Ins. Co. (2009) 173 Cal.App.4th 1305, 1312-1313.) If there is no conflict in the evidence, “the question of jurisdiction is purely one of law.” (Snowney v. Harrah's Enterta...
2020.01.31 Demurrer 488
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.31
Excerpt: ... October 18, 2019 as to the same causes of action. The court ruled that none of Plaintiff's allegations rendered any assignment or deed void, but rather voidable at best. The SAC mostly the same as the FAC. Plaintiff now makes two categories of additional factual allegations in the SAC. First, Plaintiff alleges that Cameron Financial Group Inc. was suspended by the California Franchise Tax Board and the California Secretary of State suspended Cam...
2020.01.24 Motion to Vacate Defaults 667
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2020.01.24
Excerpt: ...iled 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 2018) ¶ 9.53.1a.) Code of Civil Procedure section 473, subdivision (b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, surprise or excusable neglect” so long as t...

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