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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 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 ...
2023.07.28 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 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 (...
2023.07.21 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...
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...
2023.06.23 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 ...

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