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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 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...
2023.06.30 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...
2023.06.23 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 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 ...
2023.05.26 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...
2023.05.19 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 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 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 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...
2023.05.05 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 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...

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