Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

821 Results

Clear Search Parameters x
Location: Orange County x
Judge: Servino, Deborah C x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 363)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 350,50
Array
(
)
2021.05.28 Motion to Quash Subpoenas 055
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.05.28
Excerpt: ...r things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orde...
2021.05.28 Motion to Compel Deposition 463
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.05.28
Excerpt: ...eponent's attendance and testimony at deposition. The motion must be accompanied by either a meet and confer declaration stating “facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion” or “a declaration stating that the moving party contacted the deponent to inquire about the nonappearance.” (Code Civ. Proc., § 2025.450, subd. (b)(2).) Code of Civil Procedure section 2025.480, s...
2021.05.28 Motion for Terminating Sanctions 136
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.05.28
Excerpt: ...spond to an authorized method of discovery is a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) So, too, is disobeying a court order to provide discovery. (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evidence sanctions, ter...
2021.05.28 Motion for Judgment on the Pleadings 013
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.05.28
Excerpt: .... Proc., § 438, subd. (d); Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538 [“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.”]; see Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 10...
2021.05.14 Motion to Compel Further Responses 083
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.05.14
Excerpt: ...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 (National Union Fire Ins. Co. of Pittsburgh, Pa.) (1997) 53 Cal.App.4th 1113, 1117.) After Defendant moved to amend its Answer to include affirmative defenses of assumption of ri...
2021.05.14 Motion for Summary Judgment 869
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.05.14
Excerpt: ...50.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. 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 complete defense to the cause of action. (Code Civ. Proc., § 437c, subd. (p)(2).) The scope of this burden is determined by the allegations of the...
2021.05.07 Motion to Compel Further Responses 886
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.05.07
Excerpt: ...complied with the requirements of California Rule of Court 3.1345(c); and, in any event a separate statement is not required in all instances because a concise outline may be allowed pursuant to California Rule of Court 3.1345(b). (Reply, at p. 8.) Plaintiffs document is labeled a "Separate Statement." It does not comply with California Rule of Court 3.1345(c). As to Plaintiffs' argument that a separate statement was not required, effective Janua...
2021.05.07 Motion to Compel Further Responses 844
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.05.07
Excerpt: ..., § 2030.220, subds. (a) & (b).) Where the question is specific and explicit, an answer that supplies only a portion of the information sought is improper. It is also improper to provide “deftly worded conclusionary answers designed to evade a series of explicit questions.” (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783.) A motion to compel also lies where the party to whom the interrogatories were directed gave responses deemed improper b...
2021.05.07 Motion to Compel Further Responses 360
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.05.07
Excerpt: ...v. Superior Court (1998) 61 Cal.App.4th 1431, 1435, citations omitted [explaining “This rule is designed ‘to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order.'”].) Here, the record shows St. George's counsel sent a single letter, on January 25, 2021, to defense counsel to address four sets of discovery responses. (Williams Decls., at ¶ 4, Exh. C.) Defense counsel sent a response...
2021.04.30 Demurrer 164
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.30
Excerpt: ...d concise language, and with sufficient detail to acquaint a defendant with the nature, source and extent of the claim. The degree of detail required depends on the extent to which the defendant in fairness needs such detail which can be conveniently provided by the plaintiff. Less particularity is required when the defendant ought to have co-extensive or superior knowledge of the facts. Under normal circumstances, there is no need for specificit...
2021.04.30 Motion for Attorney Fees 831
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.30
Excerpt: ...s objection no. 3 is sustained. Merits Civil Code section 1794, subdivision (d) provides: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and p...
2021.04.30 Motion for Judgment on Petition for Writ of Mandate 703
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.30
Excerpt: ..., or person to compel the performance of an act which the law specially enjoins… .” (Code Civ. Proc., § 1085, subd. (a); Johnson v. Langond (1902) 135 Cal. 624, 625 [mandamus to compel secretary of corporation to allow stockholder to inspect books].) A writ will issue only “upon the verified petition of the party beneficially interested.” (Code Civ. Proc., § 1086.) The petitioner must have a “clear, present and beneficial right” to ...
2021.04.30 Motion for Judgment on the Pleadings 488
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.30
Excerpt: ...orders on Defendant JRMK Investment LLC's demurrers, which resulted in judgment in favor of JRMK. JRMK purchased the property in a foreclosure sale and Plaintiff alleges the same cause of action based on the same conduct as the Moving Defendants. (SAC, at ¶¶ 21-27, 28.) All of the court's analysis equally apply to the instant motion. (See 10/18/2019 & 1/31/2020 Minute Orders [ROA 94 & 137].) 1. The Statute of Limitations has run on all claims. ...
2021.04.30 Motion for Summary Judgment 360
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.30
Excerpt: ...er stones as well as stage 3-4 prostate cancer.” (Complaint, at ¶¶ 12- 14.) “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable 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 “party moving for summary judgment bears an initial burden of production to make a prima...
2021.04.30 Motion to Quash 093
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.30
Excerpt: ... it. “On a challenge to personal jurisdiction by a motion to quash, the plaintiff has the burden of proving, by a preponderance of the evidence, the factual bases justifying the exercise of jurisdiction. . . The plaintiff must come forward with affidavits and other competent evidence to carry this burden and cannot simply rely on allegations in an unverified complaint. . . If the plaintiff meets this burden, ‘it becomes the defendant's burden...
2021.04.23 Motion to Reopen Discovery 856
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.23
Excerpt: ...gence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. (3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party. (4) The length of time that has ela...
2021.04.23 Motion to Cancel Arbitration, Lift Stay, and Proceed to Trial 004
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.23
Excerpt: ...ic, all civil trials, hearings, and proceedings were suspended from March 23, 2020 to May 22, 2020, with the exception of time sensitive matters. The Court resumed processing civil matters on May 23, 2020. (See Fourth Amended Administrative Order No. 20/06 Civil Order Regarding Court Closure, at ¶ 1.) The Clerk's Office scheduled the motions to compel arbitration for November 12, 2020. On November 9, 2020, the Court rescheduled the hearing on th...
2021.04.23 Motion for Further Responses 125
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.23
Excerpt: ...around December 8, 2020. Plaintiff's counsel made efforts to meet and confer, including written correspondence and telephonic conferences. Plaintiff's counsel also pared down the requests. TagTrends never agreed to supplement any of the responses, even after it became clear that at least one of TagTrends' objections, regarding the discovery cut- off deadline, was wrong. Plaintiff met his initial burden of showing that there is good cause for the ...
2021.04.16 Motion to Quash Service of Summons 771
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.16
Excerpt: ...construed under the laws of the State of California without reference to its principle of conflicts of law and is deemed to have been made and performed in Orange County, CA. You submit to the jurisdiction of CA and agree that the CA state courts and/or the United States District Court for the Central District of California, Santa Ana Division, shall have exclusive jurisdiction over any action or proceeding to enforce this EFA or any action or pr...
2021.04.16 Motion to Quash Service of Summons 196
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.16
Excerpt: ...ontacts exist between the defendant and the forum state to justify imposition of personal jurisdiction.” (Elkman v. Nat. States Ins. Co. (2009) 173 Cal.App.4th 1305, 1312-1313.) If there is no conflict in the evidence, “the question of jurisdiction is purely one of law.” (Snowney v. Harrah's Entertainment, Inc. (2005) 35 Cal.4th 1054, 1062.) California's long-arm statute authorizes California courts to exercise jurisdiction on any basis not...
2021.04.09 Motion for Reconsideration 167
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.09
Excerpt: ...n of “writing”] & 1014 [authentication of a writing is required before the writing or secondary evidence of its content may be received in evidence].) “Evidence received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown.” (Cal. Rules of Court, rule 3.1306(a).) A motion for reconsideration made by a party must be b...
2021.04.09 Motion for Leave to File FAC 741
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.09
Excerpt: ...l stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits. (IMO Development Corp. v. Dow Corning (1982) 135 Cal.App.3d 451, 461.) It is a “rare case” in which denial of leave to amend can be justified. (Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158.) The liberal policy of permitting amendments is not without limitation or qualification. The policy of liberality in permitting amen...
2021.04.09 Demurrer 688
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.09
Excerpt: ...s sustained without leave to amend. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (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 Ca...
2021.04.02 Demurrer 632
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.02
Excerpt: ... 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 sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper...
2021.04.02 Demurrer 932
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.02
Excerpt: ...der and Dependent Adult Civil Protection Act The first cause of action is for elder abuse/neglect. “The purpose of the [Elder Abuse Act] is essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect.” (Delaney v. Baker (1999) 20 Cal.4th 23, 33.) Pursuant to Welfare and Institutions Code section 15610.57, neglect means the “negligent failure of any person havi...
2021.04.02 Motion for Summary Judgment 006
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.02
Excerpt: ...videntiary Objections Defendant's objections to Plaintiff's evidence are overruled. Applicable Law “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable 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 “party moving for summary judgment bears an initial burden of product...
2021.04.02 Motion for Reconsideration 148
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.02
Excerpt: ...equest for judicial notice is denied. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. “[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.) The Court sustained Defendant's demurrer on the grounds that Plaintiffs failed to file a timely certificate of merit pursuant to...
2021.04.02 Motion to Compel Arbitration 778
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.02
Excerpt: ...bitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocatio...
2021.04.02 Motion to Compel Compliance 530
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.04.02
Excerpt: ...granted and the lawsuit is stayed, “the action at law sits in the twilight zone of abatement with the trial court retaining merely vestigial jurisdiction over matters submitted to arbitration.” (Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1796.) During that time, under its “vestigial” jurisdiction, a court may; appoint arbitrators if the method selected by the parties fails (§ 1281.6); grant a provisional remedy “b...
2021.03.26 Motion for Summary Judgment, Adjudication 462
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.26
Excerpt: ...ccordingly, the Court exercises its discretion to consider Plaintiff's untimely opposition. Defendant's Response to Plaintiff's Separate Statement Defendant submitted a response to Plaintiff's separate statement. No such response is permitted under the Code of Civil Procedure or the California Rules of Court. (Code Civ. Proc., § 437c; Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) Accordingly, the Court declines to consider Def...
2021.03.26 Motion for Leave to Amend 145
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.26
Excerpt: ...nstant motion on January 25, 2021, after they already filed the FAC, apparently seeking retroactive relief. Such relief is not provided for in the Code of Civil Procedure. A party wishing to amend a pleading after the time has passed must file a motion with the Court pursuant to Code of Civil Procedure section 473 and California Rule of Court 3.1324. But, Plaintiffs have not complied with California Rules of Court 3.1324. Plaintiffs fail to “[s...
2021.03.26 Demurrer, Motion to Strike 823
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.26
Excerpt: ...ble as unfair competition under Business & Professions Code section 17200. (Lueras v. BAC Home Loans Servicing, LP, 221 Cal.App.4th 49, 81.) “An unfair business practice occurs when that practice offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers . . . An unfair business practice also means the public policy which is a predicate to the action must be ...
2021.03.19 Motion for Terminating and Monetary Sanctions 159
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.19
Excerpt: ...of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) The moving party need only show the failure to obey the court's earlier discovery orders. Thereafter, the burden of proof shifts to the party seeking to avoid sanctions to establish a satisfactory excuse for his or her conduct. (Corns v. Miller (1986) 181 Cal.App.3d 195, 201; Puritan Ins. Co. v. Superior...
2021.03.19 Motion for Leave to File FAC 941
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.19
Excerpt: ...t liberality, at all stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits. (IMO Development Corp. v. Dow Corning (1982) 135 Cal.App.3d 451, 461.) It is a “rare case” in which denial of leave to amend can be justified. (Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158.) The liberal policy of permitting amendments is not without limitation or qualification. The policy of liberality...
2021.03.19 Application for Writ of Possession 564
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.19
Excerpt: ...ation supporting an application for a writ of possession must set forth the facts with particularity and with personal knowledge. The declaration can rely on information and belief only upon a proper showing of the reliability of the information. The application must show the following elements:  right to possession, i.e., plaintiff must show the evidence forming the basis of a claim for possession; if based on a written document, the document...
2021.03.12 Motion to Compel Responses 945
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.12
Excerpt: ...es were directed 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., § 2030.290, subd. (a).) On September 29, 2020, Plaintiff properly served her form interrogatories-general, set two, on Wesco and Melkonian by mail and email. (Chavos Decl., at ¶ 2.) Defendants' response...
2021.03.08 Anti-SLAPP Motion to Strike 360
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.08
Excerpt: ...the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. [¶] (2) In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits ...
2021.03.08 Demurrer 181
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.08
Excerpt: ...endant Kendra Klassen, and the sixth cause of action against Defendant Greg Klassen. Plaintiff's complaint alleges that Defendants are both psychologists. Plaintiff alleges her search for a Christian therapist led her to Greg Klassen, who in turn referred Plaintiff to his wife, Kendra Klassen “despite his obvious knowledge of Mrs. Klassen's ability to maintain therapeutic boundaries with her patients.” Plaintiff attended therapy with Kendra K...
2021.03.08 Motion to Compel Arbitration 390
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.08
Excerpt: ...the lease agreement requires Plaintiff to arbitrate its claim against Defendant. “Because arbitration is a matter of contract, generally one must be a party to an arbitration agreement to be bound by it or invoke it. [Citation] However, both California and federal courts have recognized limited exceptions to this rule, allowing nonsignatories to an agreement containing an arbitration clause to compel arbitration of, or be compelled to arbitrate...
2021.03.05 Motion to Dismiss or Stay Action 332
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.05
Excerpt: ...any whose business decisions and personnel policies are determined in Dallas, Texas. Therefore, Employee understands and agrees that venue of any action brought to enforce or relating to this Agreement or relating to any aspect of Employee's employment shall be brought exclusively in the district courts of Dallas County, Texas, or the United States District Court for the Northern District of Texas, Dallas, Texas. Employee expressly consents to th...
2021.03.05 Demurrer 144
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.05
Excerpt: ... an intentional misrepresentation, duty, justifiable reliance, or damages with the requisite specificity. It is unclear whether Plaintiffs' first cause of action is based on an intentional misrepresentation or concealment. (Opp., 8:13-18, 8: 24-28, and 9:2-9; SAC, ¶¶ 50, 52- 56, 61-64, and 69.) Under either theory, Plaintiffs did not allege sufficient facts with the requisite specificity to support a cause of action for fraud. Plaintiffs did no...
2021.03.05 Demurrer 060
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.03.05
Excerpt: ...f alleges that in January of 2019, Plaintiff and Defendant Hwang entered into a business partnership, but Hwang had no intention of performing. (Complaint, at ¶ 12.) It is unclear if Plaintiff is alleging intentional misrepresentation or false promise. (See, e.g., Complaint, at ¶¶ 11-15; see CACI nos. 1900 & 1902.) “A complaint for fraud must allege the following elements: (1) a knowingly false representation by the defendant; (2) an intent ...
2021.02.26 Demurrer 982
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.02.26
Excerpt: ...the Kirk Defendants. (Barak v. Quisenberry Law Firm (2006) 135 Cal.App.4th 654, 660-662.) The joinders are granted. The demurrer as to the second cause of action is sustained without leave to amend. The motion to strike is granted without leave to amend as to the portions of the first cause of action at issue, and moot as to the portions of the second cause of action at issue. REQUEST FOR JUDICIAL NOTICE Defendants request judicial notice for two...
2021.02.19 Motion to Compel Arbitration 619
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.02.19
Excerpt: ...e existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. (c) A party...
2021.02.19 Demurrer 516
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.02.19
Excerpt: ...is or her interest as a shareholder,' or a ‘derivative action filed on behalf of the corporation for injury to the corporation for which it has failed or refused to sue.' . . . ‘[Ordinarily,] The two actions are mutually exclusive: i.e., the right of action and recovery belongs either to the shareholders (direct action) or to the corporation (derivative action).' . . . When the claim is derivative, the ‘shareholder is merely a nominal plain...
2021.02.05 Special Motions to Strike 121
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.02.05
Excerpt: ...retion, at any later time upon terms it deems proper. (Code Civ. Proc., § 425.16, subd. (f).) This statute permits a motion against an amended complaint if it could not have been brought earlier, but to prohibit belated motions that could have been brought earlier. When more than 60 days have passed since service of the original complaint, a special motion to strike may be brought only against causes of action that were not pled in the original ...
2021.02.05 Demurrer 639
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.02.05
Excerpt: ... approximately two weeks before Dr. Holzner filed his demurrer to the SAC. (See ROA 157.) Dr. Holzner contends the SAC is a sham pleading because it omits certain factual allegations previously alleged in the FAC. Generally, after an amended pleading has been filed, courts will disregard the original pleading. (Berman v. Bromberg (1997) 56 Cal.App.4th 936, 945.) But an exception to this rule occurs when an amended complaint attempts to avoid defe...
2021.02.05 Demurrer 200
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.02.05
Excerpt: ...iconductor Corp. (2015) 242 Cal.App.4th 651, 659-660.) Special Demurrer for Uncertainty Defendants specially demurrer to the first through fourth causes of action. A special 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...
2021.01.29 Motion to Compel Responses, to Quash Deposition Subpoena 167
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.01.29
Excerpt: ...ng the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the mailing occurs, that he or she is over the age of 18 years and not a party to the cause, and showing the date and place of deposit in the mail, the name and address of the person served as shown on the envelope, and also showing that the envelope was sealed and deposited in the mail with the p...
2021.01.29 Application for Right to Attach Order 798
Location: Orange County
Judge: Servino, Deborah C
Hearing Date: 2021.01.29
Excerpt: ...under general rule of motion practice, new evidence not permitted with reply papers and is only allowed in exceptional cases].) Upon the filing of a complaint or at any time thereafter, the plaintiff may apply for a right to attach order and writ of attachment by filing an application for the order and writ with the court in which the action is brought. (Code Civ. Proc., § 484.010.) The application must be executed under oath and must include th...

821 Results

Per page

Pages