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2023.08.18 Motions to Compel Further Discovery Responses 344
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.08.18
Excerpt: ...equests at issue. (See ROA 53, 55, 57, 64, 68.) For all of the motions at issue, Defendant's separate statements also failed to include the text of Plaintiffs' initial responses and thus failed to comply with California Rules of Court, rule 3.1345. Rule 3.1345(c)(2) requires the separate statement to include the text of each response, answer, or objection, and any further responses or answers. The separate statement is supposed to provide all the...
2023.08.18 Demurrer 275
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.08.18
Excerpt: ...hi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficien...
2023.08.11 Motion to Strike 915
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.08.11
Excerpt: ...urt may: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).) “...
2023.08.11 Motion to Compel Further Responses 052
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.08.11
Excerpt: ...t information for the court to determine when the 45-day period expired. Specifically, the court was not provided with the method of service of GM's verification. Depending on the method of service, it is possible that the motion was timely filed on July 5, 2023. Merits On receipt of the response to a document demand, the demanding party may move to compel a further response if any of the following apply: (1) a statement of compliance is incomple...
2023.08.11 Motion to Compel Arbitration 537
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.08.11
Excerpt: ...o nos. 1 and 3. Defendant filed a reply declaration of Mark Kimball in support of its reply. “The general rule of motion practice . . . is that new evidence is not permitted with reply papers . . . ‘[T]he inclusion of additional evidentiary matter with the reply should only be 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, 1...
2023.08.11 Demurrer, Motion for Judgment on the Pleadings 423
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.08.11
Excerpt: ...cessor 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) (collectively, “Moving Parties”) demur, and in the alternative, move for judgment on the pleadings, to the sixth cause of action for violation of Business and Professions section 17200 on the ground that Plaintiff Ariel...
2023.08.04 Motions to Quash Service of Summons 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.08.04
Excerpt: ...agraph 9 and Exhibit 3 Abdullah's objections to Joseph Dib's declaration:  Sustained: Paragraphs 6-31 and Exhibits A-C  Overruled: Paragraph 4 Abdullah's objections to Monica Dib's declaration:  Sustained: Paragraphs 6-9, 11-14 and Exhibits 2-3  Overruled: Paragraph 10 and Exhibits 1-4 Merits California courts “may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Co...
2023.08.04 Motion to Quash Deposition Subpoenas 376
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.08.04
Excerpt: ...osition subpoenas on Pan's insurance company. Yassa sought testimony from State Farm's custodian of records and person most knowledge authenticating two letters he had received from State Farm and describing facts and conclusions supporting the latter. (Meunch Decl., Exhs. A and B.) Applicable Law Any party to the action or the witness may bring a motion to quash a subpoena and may request the court to quash it entirely, modify it, or direct comp...
2023.08.04 Demurrer, Motion to Strike 715
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.08.04
Excerpt: ...1.) “Where a complaint is based on a written contract which is set out in full, a general demurrer to the complaint admits not only the contents of the instrument but also any pleaded meaning to which the instrument is reasonably susceptible.” (Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239.) The Employment Protection Agreement stated in its recitals that it was only “intended to impose obligations on the ...
2023.07.28 Motion for Attorney Fees 928
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.28
Excerpt: ...buyer in connection with the commencement and prosecution of such action.” Defendant General Motors, LLC does not dispute that Plaintiff is the prevailing parties under the Song- Beverly Act, as reflected in their settlement agreement. Plaintiff's right to seek an award of attorney fees and costs is a term of the settlement agreement. (See Barry Decl., Exh. 7, at p. 2 of 5.) To recover attorney's fees, a prevailing party bears the burden of dem...
2023.07.28 Demurrer 697
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.28
Excerpt: ... 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 (...
2023.07.28 Motion to Compel Further Responses 367
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.28
Excerpt: ...howing good cause justifying the discovery sought by the inspection demand pursuant to Code Civ. Proc., § 2031.310, subd. (b)(1).) To establish good cause, the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or...
2023.07.28 Motion to Compel Nonparty Deposition 708
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.28
Excerpt: ...e nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.” (Cal. Rules of Court, rule 3.1346.) Michael Bakkers did not show that the notice or moving papers were properly served on nonparty Nigel Burns. (See Proof of Electronic Service and Overnight Mail [ROA 305].) Accordingly, the unopposed motion is denied. MOTION TO ...
2023.07.21 Request for Preliminary Injunction 662
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.21
Excerpt: ... Caza, California 92679 (“Subject Property”) during the pendency of this action. The request for preliminary injunction is granted. Service Deficiency As an initial matter, Plaintiffs did not show that they served the summons, complaint, moving papers in support of their request for a preliminary injunction, or OSC on HOA. Plaintiffs filed a proof of service showing Stuart Smith served the summons, complaint, supporting papers, and OSC on Leg...
2023.07.21 Motion to Compel Further Responses 297
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.21
Excerpt: ...lifornia Rules of Court, rule 3.1345. The separate statement is to be “a separate document filed and served with the discovery motion . . .” (Cal. Rules of Court, rule 3.1345(c) [emphasis added].) Here, Defendant included the separate statements in with the notice, memorandum of points and authorities, and evidence, in the same document. Despite this, the court will consider the moving papers in their entirety, but cautions defense counsel to...
2023.07.21 Demurrer 717
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.21
Excerpt: ...) 18 Cal.2d 872, 883.) 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 be forgiven if the pleading contains sufficient facts entitling plaintiff to relief. (Saunders v. Cariss (1990) 22...
2023.07.14 Motion to Enforce Settlement 588
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.14
Excerpt: ...eu of the defendants,” and for an award of attorneys' fees. Section 664.6 provides, in pertinent part: “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 pursuant to the terms of the settlement.” “If requested by the parties, the court may retain jurisdiction ove...
2023.07.14 Motion to Compel Further Responses 816
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.14
Excerpt: ...on as to each matter in dispute. Here, Plaintiffs propounded 65 demands. Each section as to why a further response is required is the same, including arguments and facts not relevant to the specific demand. The separate statement was largely unhelpful. Legal Standard On receipt of the response to a document demand, the demanding party may move to compel a further response if any of the following apply: (1) a statement of compliance is incomplete;...
2023.07.14 Motion for Protective Order 552
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.14
Excerpt: ...order to protect the party or deponent against “unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420, subd. (b).) “The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.420, subd. (a).) Generally, the party seeking a protective order will be required to show that the burden, expense, or intrusiveness involved in the di...
2023.07.14 Motion for Attorney Fees 418
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.14
Excerpt: ...d because: (1) Plaintiff already recovered fees for the discovery motions; (2) the fees incurred in connection with Plaintiff's summary judgment motion are “excessive” and should be reduced by half; (3) the fees incurred for “Covid research” are not warranted because Defendants did not assert a “Covid defense”; and (4) other unspecified line items should be reduced by $2,501.40. A court assessing attorney fees begins with a touchstone...
2023.07.07 Motion to Set Aside Entry of Default 503
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.07
Excerpt: ...nce September 22, 2022. In that time period, they had discussed potential informal resolution of the matter or his office would file an answer on Defendant's behalf. He was even copied with discovery requests that were emailed to Defendant on November 11, 2022. (Fakhimi Decl., at ¶¶ 2-4.) On November 10, 2022, Plaintiff attempted to file a request for entry of judgment, which was rejected by the Clerk's office because of a deficiency. (ROA 11.)...
2023.07.07 Motion to Seal 254
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.07.07
Excerpt: ...n.” (NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1208, fn. 25; see Cal. Rules of Ct., rule 2.550(c) [“Unless confidentiality is required by law, court records are presumed to be open.”].) 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 declara...
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 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...

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