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2024.02.09 Motion for Severance or Bifurcation 555
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.09
Excerpt: ...ded complaint. Judicial notice of other court records and files is limited to matters that are ind isputably true. This generally means that judicial notice is limited to the orders and judgments in the other court file, as distinguished from the contents of documents filed therein. (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 113; Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482- 484.) Code of Ci...
2024.02.09 Motion for Judgment on the Pleadings 509
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.09
Excerpt: ...th Plan, Inc. was dismissed without prejudice on November 9, 2022. The parties agreed that Plaintiff reserved the right to amend to rename any of the Defendants in the event discovery proceedings in the action revealed a basis for liability against them. (ROA 21.) Plaintiff attempted to bring 360 Health Plan, Inc. back into this action w ith a Doe amendment. This attempt appears to have been improper given that Plaintiff had initially named 360 H...
2024.02.02 Motion to Compel Further Responses 043
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.02
Excerpt: ... interrogatories, instead, stating in response to most of them, that “Plainti¯ was not employed by Del Signore, nor is Del Signore synonymous with Truclear.” Each answer in the response must be “as complete and straightforward as the information reasonably available to the responding party permits. If an interrogatory cannot be answered completely, it shall be answered to the extent possible.” (Code Civ. Proc., § 2030.220, subds. (a) &...
2024.02.02 Motion for Trial Preference 581
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.02
Excerpt: ...ation.” (Code Civ. Proc., § 36, subd. (a), emphasis added; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 12:246:1 [“Trial priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the extent of that party's interest and Þnd as a matter of fact the risk posed of that party's death or incapacity if trial is delayed.”].) Plainti¯s s...
2024.02.02 Motion for Sanctions 056
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.02
Excerpt: ... sustained. Defendant's remaining objections are overruled. New Evidence Submitted With Reply Plainti¯s submitted new evidence in support of their 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...
2024.02.02 Demurrer, Motion to Strike 974
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.02
Excerpt: ...Group 2023) ¶ 7:162.1.) The court exercises its discretion to consider the merits of the demurrer and motion to strike. Plainti¯s opposition exceeded the 15-page limit, without seeking leave to Þle a longer memorandum. The opposition also did not include a table of contents or table of authorities. (Cal. Rules of Court, rule 3.1113(d) & (f).) The court considered the opposition, given that Defendant improperly combined the demurrer and motio...
2024.02.02 Demurrer 998
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.02
Excerpt: ...' request for judicial notice of Exhibits A through E (ROA 65), is granted. (Evid. Code, § 452, subd. (c); see Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) In taking judicial notice, the court does not take judicial notice of the truth of the matters stated therein. (Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Violations of California Foreclosure Statutes (Civ. Code §§ 2924 et seq., ...
2024.02.02 Demurrer 555
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.02.02
Excerpt: ... in some respects uncertain, because ambiguities can be clariÞed 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 su¯icient facts entitling plainti¯ to relief. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) A demurrer for uncertainty should be overruled if the facts are presumpt...
2024.01.26 Motion for Summary Adjudication 608
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.26
Excerpt: ...ry Objections The court overrules the Garrett Defendants' evidentiary objections to the opinions expressed in paragraphs 7 and 8 of the Declaration of Albert G. Handelman, as well as the testimony that provides the basis for those opinions in paragraphs 9 and 10. The court liberally construes the declaration of Plaintiff's expert, and determines Handelman adequately states the matters relied on in expressing these opinions and also provides a rea...
2024.01.26 Motion for Summary Judgment, Adjudication 398
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.26
Excerpt: ...ate a reply separate statement. Defendant did not obtain prior permission from the court to file a reply to Plaintiffs separate statement. Accordingly, this document was not considered. A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc„ S 437c, subd. (c).) The scope of this ...
2024.01.26 Motion to be Relieved as Counsel, to Compel Production 043
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.26
Excerpt: ...f service of the signed order upon the clients and other parties. Ms. Birndorf shall give notice of the ruling. MOTION TO COMPEL PRODUCTION Plaintiff Craig Ziegler's motion to compel Defendant Joseph Del Signore's ("Defendant") further responses to his requests for production of documents, set one, is granted in part and denied in part as set forth below. Nos. 1-18, 27-32, 41, and 43 In addition to various objections, Defendant states in his resp...
2024.01.26 Motion to Compel Deposition 885
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.26
Excerpt: ... any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice." (Code Civ. Proc, S 2025.450, subd. (a).) A motion to compel must: (1) "set forth specific facts showing...
2024.01.26 Motion to Compel Further Responses 382
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.26
Excerpt: ...ned to encourage the parties to work out their differences informally so as to awid the necessity for a formal order. This, in turn, will lessen the burden on the court and reduce the unnecessary expenditure of resources by litigants through promotion of informal, extrajudicial resolution of discovery disputes. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293; Code Civ. Proc„ SS 2016.040, 2031.310, subd. (b)(2).) Defense counsel stated that...
2024.01.26 Motion to Quash Service of Summons 771
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.26
Excerpt: ...mplainants Michael Akpeke, MO, PL, dba Delta Internal Medicine Center and Michael Akpeke's Crosscomplaint for forum non-conveniens. A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (Code Civ. Proc„ S 418.10, subd. (a)(l).) A par...
2024.01.26 Motion to Strike, OSC Re Preliminary Injunction 065
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.26
Excerpt: ...to do so. (Perlman v. Municipal Court (1979) 99 Cal.App.3d 568, 574.) Code of Civil Procedure secton 761.020 provides that in any action to quiet title to real property "[t]he complaint shall be verified." Here, Plaintiffs Complaint is unverified. Accordingly, the motion to strike is granted with 15 days leave to amend. OSC RE: PRELIMINARY INJUNCTION The court grants Defendant's request to issue a preliminary injunction restraining Plaintiff and ...
2024.01.16 Demurrer 257
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.16
Excerpt: ...een a consumer and another person, whether or not the agreement is a contract enforceable by action, and includes the making of, and the performance pursuant to, that agreement." (Civ. Code, S 1751, subd. (e).) Defendant asserts the allegation that "Plaintiff and Defendant transacted for the lease of the Subject Vehicle" (FAC, at '1 63), is directly contradicted by the earlier allegation that "Plaintiff leased a new 2022 Volkswagen ID 4... from N...
2024.01.12 Motion to Compel Responses, to Deem RFAs Admitted 421
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.12
Excerpt: ...ed fails to serve a timely response." (Code Civ. Proc., S 2030.290, subd. (b).) By failing to serve timely responses, Plaintiff waived "any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product." (Code Civ. Proc., S 2030.290, subd. (a).) A propounding party may move for an order compelling responses to a deman...
2024.01.12 Motion to Compel Discovery Responses 631
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.12
Excerpt: ...e "[i]f a party to whom interrogatories are directed fails to serve a timely response." (Code Civ. Proc., S 2030.290, subd. (bj.) ay failing to serve timely responses, Plaintiff waived "any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product." (Code Civ. Proc„ S 2030.290, subd. (a).) A propounding party ma...
2024.01.05 Motion to Compel Further Responses 568
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.05
Excerpt: ... may move to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under Code of Civil Procedure secton 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. (Code Civ. Proc., S 2030.300, subd. (a).) A motion to compel further responses to interroga...
2024.01.05 Motion for Leave to File FAC 199
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.05
Excerpt: ...bd. (a)(l).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code of Civ. Proc., S 473, subd. Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may ...
2024.01.05 Motion for Discovery Sanctions 810
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.05
Excerpt: ...rotective order that Defendant filed "to delay" the discovery, contending the motions were untimely and frivolous. (Mot. Memorandum of Points and Authorities ["MPA"], at pp. 11-16 [ROA 781.) The Law on Discovery Sanctions "A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought." (Code Civ. Proc., S 2023.040.) For issue or evid...
2024.01.05 Demurrer 690
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2024.01.05
Excerpt: ...pear within the "four corners" of the pleading — which includes the pleading, any exhibits attached, and matters of which the court is permitted to take judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer "admit[s] all the properly pleaded material facts" and "even the most improbable alleged facts" are accepted as true. (Nolte v. Cedars-Sinai Medical Center (2...
2023.12.15 Motion to Seal 254
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.15
Excerpt: .... Rules of Ct., rule 2.550(c) ["Unless confidentiality is required by law, court records are presumed to be open." l.) Although that right is not absolute, the moving party has the burden to meet the requirements set forth in California Rules of Court 2.550-2.551. The motion or application "must" be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing." (Cal. Rules of Court, rule 2.551(b)(1).) To grant ...
2023.12.15 Motion to Quash Service of Summons 508
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.15
Excerpt: ...l service of a summons on such party." (Code Civ. Proc., S 410.50, subd. (a).) " ' "A general appearance operates as a consent to jurisdiction of the person, dispensing with the requirement of service of process, and curing defects in service." [Citation.]' [Citations.]" (Dial 800 v. Fesbinder (2004) 118 Cal.App.4th 32, 52.) A defendant appears in an action when the defendant, among other things, answers. (Code Civ. Proc., S 1014.) Furthermore, "...
2023.12.15 Motion to Compel Second Physical Exam 040
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.12.15
Excerpt: ... Good cause must be shown. (Code Civ. Proc., SS 2032.310, 2032.320.) As noted by a well-regarded practice guide, under the wording of Code of Civil Procedure section 2032.220, subdivision (a), when there are several defendants, "a plaintiff arguably may be compelled to submit to as many examinations as there are codefendants." (Weil & Brown, Cal. Practce Guide: Civil Procedure Before Trial (The Rutter Group 2023) 8:1522.) "This may be a 'glitch' ...

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