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2024.06.17 Motion to Deem RFAs Admitted 152
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.06.17
Excerpt: ...n February 28, 2 024. The motion was properly noticed. No opposition has been filed. Unlike a motion to compel further responses, a motion to compel responses when no responses have been provided does not require the propounding party to demonstrate good cause or that it satisfied a meet -and -confer requirement. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal. App. 4th 390. When a party fails to respond to...
2024.06.10 Motion to Compel Responses 221
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.06.10
Excerpt: ...r furthe r meet and confer efforts. A Joint Statement has been provided which shows that the meet and confer efforts succeeded in narrowing the issues. Per the Joint Statement the following issues remain: 1) Meet and Confer Efforts/Responses by Other Business Ent ities 2) Verifications to original responses 3) The language of the existing verifications 4) Documents responses to Requests for Production Nos. 3 -5 and 7 -8 5) The electronic format...
2024.06.10 Motion for Leave to File Complaint 569
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.06.10
Excerpt: ... Gordon Reese S culley Mansukhani LLP. Defendants' former counsel was relieved on December 15, 2023. At a review hearing on March 25, 2024, Attorney Andreas Mittry appeared and informed the Court that he was considering representing Defendant but needed to review the fi le which was still with former counsel. In the supporting declaration, Defendant presented evidence that the file was not obtained until mid -April but counsel was hospitalized ...
2024.06.10 Motion to Quash Deposition Subpoena for Business Records 297
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.06.10
Excerpt: ...on as to why it was late. The Opposition was due on May 28, 2024. CCP § 1005(b). Despite there being no explanation, the Court exercises its discretion to consider the late filed Opposition as it appears that Plaintiff was able to substantively reply. Meet and Confer. Prior to filing a motion for a protective order, the moving party is required to meet and confer and file a declaration regarding the efforts to meet and confer under CCP § 201...
2024.06.03 Motion to Strike Demurrer 406
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.06.03
Excerpt: ...urt days bef ore the hearing. CCP § 1005(b). The motion was untimely filed and untimely served. The Motion to Strike is DENIED without prejudice on the ground that it was untimely filed and served. Plaintiff did not provide a proposed Order as required by Local Rul e of Court 5.17(D). Plaintiff is prepare the Order. Tentative Ruling on Demurrer: Defendants Daniel Shaw, DDS and Dana Park Dental demur to the unnumbered cause of action alleging b...
2024.06.03 Motion for Preliminary Approval of Class Action and PAGA Settlement 416
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.06.03
Excerpt: ... litigation, where they save time and resources. Neary v. Regents of the University of California (1992) 3 Cal. 4th 273, 277 -281 (superseded by statute on other grounds). However, courts cannot automatically and instantly approve a proposed settlement or dismiss a cl ass action suit, even if the representative plaintiff and defendant have agreed on the terms of such settlement or dismissal. In a class action, the trial court has a duty to adequa...
2024.06.03 Motion for Leave to File FAC 290
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.06.03
Excerpt: ...ies to submit a stipulation regarding the filing of the FAC so that this motion could be taken off calendar. The parties failed to comply with the Court's direction. CCP § 473(a)(1) permits any pleading to be amended in further of justice and on any terms as may be prope r, after notice to the adverse party. The Court's discretion in this regard will usually be exercised liberally to permit amendment. Nestle v. Santa Monica (1972) 6 Cal. 3d 920...
2024.05.28 Motion for Preliminary Approval of Class Action Settlement 731
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.05.28
Excerpt: ...tinued to May 28, 2024. Supplemental briefing and declarations have since been filed. The law favors the settlement of lawsuits, particularly in complex litigation, where they save time and resources. Neary v. Regents of the University of California (1992) 3 Cal. 4th 273, 277-281 (superseded by statute on other grounds). However, courts cannot automatically and instantly approve a proposed settlement or dismiss a class action suit, even if the ...
2024.05.28 Motion for Disqualification of Expert 415
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.05.28
Excerpt: ...iate remedy. Prior to filing the litigation, the parties attempted to informally resolve the matter. To that end, the parties executed the Evidence Exclusion Agreement (“EEA”), which states in pertinent part, 6 “The Parties desire to continue to freely communicate and negotiate with each other without concern that conduct or statements made in the course of such communications and negotiations may be used to support any claim subsequently ...
2024.05.20 Motion to Continue Trial 037
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.05.20
Excerpt: ...uances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” CRC 3.1332(c). Circumstances that may indicate good cause are: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) The unavailability of a party because of death, il...
2024.05.20 Motion for Protective Order 036
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.05.20
Excerpt: ...under CCP § 2030.090 must include a meet and confer declaration under CCP § 2016.040. “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion .” The Declaration of Amanda Uhrhammer provides evidence that a single email was sent five days (three court 3 days) prior to the motion being filed. The April 11, 2024, email ...
2024.05.20 Motion for Judgment on the Pleadings 459
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.05.20
Excerpt: ... common c ount cause of action to collect on a debt. “The only essential allegations of a common count are ‘(1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.'” Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460. The complaint contains a statement of the indebtedness of $6,848.02, that money was loaned, that there is an account stated, and that Defenda...
2024.05.13 Motion for Final Approval of Class Action Settlement 662
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.05.13
Excerpt: ...case for $20 0,000. The breakdown of the settlement is: Total Settlement Amount Proposed Attorneys' Fees (35%) $200,000.00 Litigation Costs and Expenses -$66,666.67 -$15,096.58 Settlement Administration Costs PAGA Claim Settlement Allocation Payment to Labor and Work force Development Agency (LWDA) (75%) Payment to Settlement Class Members (25%) - $7,000.00 -$10,000.00 ($7,500.00) ($2,500.00) Proposed Class Representative Enhancement Settlement M...
2024.05.13 OSC Re Striking of Answer 152
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.05.13
Excerpt: ...il 12, 2024. The C omplaint in this matter names two Defendants: “Adrienne Sherman, individually and dba When Pie Meets Bread” and “When Pie Meets Bread, LLC, a California limited liability company.” The Answer filed by Adrienne Sherman on April 3, 2023 lists “Adrienne Sher man dba When Pie Meets Bread LLC” and “When Pie Meets Bread LLC” as the two named defendants. Any response or evidence to the OSC was to be presented in writt...
2024.05.13 Motion to Compel Deposition of PMK 243
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.05.13
Excerpt: ...ibing efforts to meet an d confer in good faith. Plaintiffs have provided sufficient evidence of a good faith attempt to meet and confer. Merits. The scope of discovery is broad. Any matter that is admissible evidence or appears reasonably calculated to lead to the discovery of admissible evidence is relevant and subject to discovery. CCP § 2017.010. Any doubts as to the relevance should generally be resolved in favor of permitting discovery. Co...
2024.05.13 Motion to Compel Responses 656
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.05.13
Excerpt: ...ed. Merits of Motion. A party has thirty days after service to respond to Form and Special Interrogatories. CCP § 2030.260(a). Not providing a timely response to propounded interrogatories results in a waiver of objections. CCP § 2030.290(a). If a party to who m a discovery request is directed fails to serve a timely response, the party propounding discovery may move for an order compelling a response. CCP § 2030.290(b). Unlike a motion to com...
2024.05.06 Motion to Deem RFAs Admitted 152
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.05.06
Excerpt: ...s served with the Notice of Motion and Motion by mail on April 4, 2024. The Court notes that the party name listed on the proof of service is incorrect, however, both parties in this case have the same address. The Court finds that the motion was properly noticed. No O pposition has been filed. Unlike a motion to compel further responses, a motion to compel responses when no responses have been provided does not require the propounding party to...
2024.05.06 Motion for Summary Adjudication 775
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.05.06
Excerpt: ...sted judic ial notice of prior pleadings and rulings. The requests are granted. Defendant's Objections to Plaintiff's Evidence: Defendant's objections are overruled. Motion for Summary Judgment: CCP § 437c states a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. “A defendant…has met his or her bu...
2024.05.06 Demurrer to FACC 166
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.05.06
Excerpt: ...h the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement 2 can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Monica Folsom along with HCS's Exhibit D show sufficient effo rts made by HCS to meet and confer with Maruti prior to filing the Demurrer Request for Judicial Notice. HCS requests that the Court take judicial notice of the Complai...
2024.04.29 Motion to Compel Responses 697
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.04.29
Excerpt: ...rty pro pounding interrogatories 1 may move for an order compelling response if the party to whom the interrogatories are directed fails to serve a timely response. Here, Plaintiff served Form Interrogatories – General, Set One on Heather Long on February 5, 2024. Responses to written interrogatories are due within 30 days after service. CCP § 2030.260(a). As of the filing of this Motion on March 29, 2024, no responses have been received by P...
2024.04.29 Motion to Compel Further Responses 243
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.04.29
Excerpt: ...osition should hav e been filed and served on April 16, 2024. Plaintiffs object to the Court considering the late Opposition, however, Plaintiffs filed a substantive Reply and made no showing of how receiving the Opposition one day late caused any prejudice to Plaintiffs. The Court exercises its discretion to consider the Opposition and overrules any objection regarding a late Opposition. Meet and Confer. A motion brought under this section mus...
2024.04.22 Motion to Compel Arbitration, Strike Class Allegations, and Stay Action Pending Completion of Arbitration 763
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.04.22
Excerpt: ...requested that judicial notice be taken in the footnotes. The first is in Footnote 1 on page 2 where Defendant requested the Court to take judicial notice that “the American Arbitration Association is one of the largest neutral arbitration services in the Unite d State.” Defendant did not specify under which section of the Evidence Code this request was being made. In Footnote 4 on page 9, Defendant requests the Court take judicial notice of...
2024.04.22 Demurrer 158
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.04.22
Excerpt: ...ain.” CCP § 430. 10(f). A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond —i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed again st him or her. Khoury v. Maly's of Calif., Inc. (1993) 14 Cal App.4th 612, 616). A demurrer can be used to challenge defects that appear on the face of the complaint o...
2024.04.08 Motion to Set Aside Judgment of Default 183
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.04.08
Excerpt: ... but denied without prejudice by the Court due to procedural defects; specifically, a failure to provide proper notice. The Court did not issue a ruling on the merits of the prior motion and therefore finds the present motion is not one for reconsideration. The Cour t will issue a ruling on the merits. Merits of Motion: CCP § 473(b) permits the Court to set aside a default or order entered against an aggrieved party due to mistake, surprise, i...
2024.04.08 Motion to Dismiss for Delay in Prosecution 937
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.04.08
Excerpt: ...e provi ded by statute or by rule of court adopted pursuant to statute, the policy favoring the right of parties to make stipulations in their own interests and the policy favoring trial or other disposition of an action on the merits are generally to be preferred over the policy that requires dismissal for failure to proceed with reasonable diligence in the prosecution of an action in construing the provisions of this chapter. CCP § 583.130. (a...

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