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2023.10.06 Motion to Compel Further Responses 712
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.10.06
Excerpt: ...o the remainder of that item or category. (b) If the respond-ng party objects to the demand for inspection, copying, testing, or sampling of an item or category of item, the response shall do both of the following: (1) Identify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being made. (2) Set forth clearly the extent of, and th...
2023.10.06 Motion to Compel Further Responses 296
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.10.06
Excerpt: ...iality, trade secret, attorney-client privilege or work product but must provide a privilege log for the documents it withholds on these grounds. Meet and Confer Efforts Defendant argues that Plaintiff failed to sufficiently meet and confer. (Opp., at pp. 2-3.) Plaintiff's counsel sent a lengthy letter on May 25, 2023 discussing what it described as Defendant's deficient discovery responses to special interrogatories, form interrogatories, and re...
2023.10.06 Motion to Compel Arbitration 797
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.10.06
Excerpt: ...icial notice of a recorded deed, but declining to do so where deed was not relevantl.) Defendant's request for judicial notce of Plaintiff's Complaint previously filed in this case is denied. "[Alll that is necessary is to call the court's attention to such papers." (We-I & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) '1 9.53.1a.) Federal Arbitration Act ("FAA") Defendant contends that the FAA applies. (Mot., a...
2023.10.06 Motion for Judgment on the Pleadings 903
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.10.06
Excerpt: ...fidavits, declarations, depositions, and other such material which was filed on behalf of the adverse party and which purports to contradict the allegations and contentions of the plaintiff. [Citation.]" (See Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 605.) Pursuant to Code of Civil Procedure secton 438, subdivision (b)(l), a party may move for judgment on the pleadings. A defendant may move for a judgment on the ple...
2023.10.06 Motion for Contempt 475
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.10.06
Excerpt: ...ful disobedience." (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) A contempt proceeding is commenced by the filing of an affidavit showing the facts satisfying these four requirements (the "charging allegations"). (Code Civ. Proc., S 1211.) The affidavit frames the issues to be tried. (Reliable Enterprises, Inc. v. Superior Court (1984) 158 Cal.App.3d 604, 616.) The filing of a sufficient affidavit is a "jurisdictional prerequisite" to ...
2023.10.06 Demurrer 227
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.10.06
Excerpt: ...erein) 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 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 ...
2023.10.06 Demurrer 068
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.10.06
Excerpt: ...nperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff." (Coles v. Glaser (2015) 2 Cal.App.5th 384, 391.) Plaintiffs allege that the parties entered into a series of contracts: In 2015, Plaintiffs and Defendants entered into a series of contracts related to the opening of a potential Weinerschnitzel franchise including: (1) Advertising Association Agreement, (2) Franchise Agreement, (3) Addendum to the Franchise Agreemen...
2023.09.15 Motion to Tax Costs 001
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.09.15
Excerpt: ...07, 813 [statute requires payment of only those costs and fees that were reasonably incurred].) "[Tlhe Legislature intended the word 'expenses' to cover items not included in the detailed statutory definition of 'costs.'" "Expenses" may "cover such out-of-pocket expenses as filing fees, expert witness fees, marshall's fees, etc., [which] should open the litigation process to everyone." (Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 1...
2023.09.15 Motion to Compel Further Responses 653
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.09.15
Excerpt: ...ries on the grounds that the answer is evasive or incomplete. (Code Civ. Proc., S 2030.3W, subd. If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2ff)O) 22 Cal.4th 245, 255.) No. 4 This interrogatory seeks the number of residents who developed sepsis and/or septic shtNk while residing at the facility fro...
2023.09.15 Motion for Trial Preference 890
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.09.15
Excerpt: ...is required to set the matter for trial within 120 days. Civ. Proc., S 35, subds. (a), "An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any party. The affidavit is not admissible for any purpose other than a motion for preference under subdivision (a) of Sect...
2023.09.15 Motion for Summary Judgment 659
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.09.15
Excerpt: ...ions do not comply with California Rules of Court, rule 3.1354(b) which provides that written objections to evidence must "[i]dentify the name of the document in which the specific material objected to is located," "[state] the exhibit, title, page and line number of the material objected to," and "[qluote or set forth the objectionable statement or material." Plaintiff objects to portions of Defendants' undisputed material facts in their separat...
2023.09.01 Motion for Monetary Sanctions 648
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.09.01
Excerpt: ...n employer who drafts an arbitration agreement does not pay its share of required fees or costs to initiate arbitration within 30 days after they are due, the employer is in “material breach” of the agreement, in default of the arbitration, and waives it right to compel arbitration. (Code Civ. Proc., § 1281.97, subd. (a).) In the event of that material breach by the employer, the employee can elect to withdraw her claim from arbitration and ...
2023.09.01 Motion to Compel Further Responses 836
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.09.01
Excerpt: ...Civil Procedure section 2031.310,subdivision (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 to prevent surprise at trial). (Glenfed Develop. Corp. v. Superior Court...
2023.09.01 Motions to Compel Further Responses 637
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.09.01
Excerpt: ...ditional 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, 1537-1538.) Reply evidence should not address substantive issues in the first instance but only fill gaps in the evidence created by opposition. (Id. at p. 1538.) Here, the court exercises its discretion and declines to consi...
2023.08.25 Motion to Compel Further Responses 297
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.08.25
Excerpt: ... (4) requests for admissions, set one, nos. 1-54, and 56-58. Separate Statements As noted in this July 21, 2023 rulings, co-Defendant HCI Systems, Inc.'s separate statements fail to comply with California 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's separate statements have the same d...
2023.08.25 Demurrer 399
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.08.25
Excerpt: ... consider this document to be the ordered Second Amended Complaint ("SAC"). This document was sent by express mail to defense counsel on May 3, 2023. (ROA 80, last page.) Plaintiff makes a vague reference to having sent defense counsel a "correction using U.S. Mail Express". ("Plaintiff's Response to Defendant's Motion and Motion to Strike Portions of Plaintiff's Second Amendments to First Complaint" [ROA 97].) Defendant's demurrer to SAC and mot...
2023.08.18 Petition to Confirm Final Arbitration Award 973
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2023.08.18
Excerpt: ...titions to correct arbitration award, are denied. Procedural Issues The court treats Tear Drip's second petition to correct arbitration award (ROA 126) as a response to Oakshire's petition to confirm award. (Code Civ. Proc., § 1285.2.) The court notes that both sides failed to file timely responses. (Code Civ. Proc., § 1290.6 [response shall be served and filed within 10 days after service of the petition]; see Law Finance Group, LLC v. Key (20...
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...

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