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2020.12.07 Motion for Sanctions for Spoliation of Evidence 176
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.12.07
Excerpt: ...h 892, overruled on other grounds in Cedars‐Sinai Med. Ctr. v. Superior Court (1998) 18 Cal. 4th 1. CCP § 2023.030 starts “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the disco...
2020.12.07 Demurrer 840
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.12.07
Excerpt: ...ctions to be raised in the demurrer.” The Declaration of Jorge Aguilar II, submitted in support of the Demurrer, shows sufficient efforts between the parties to meet and confer. 5 Merits. The purpose of a demurrer is to test the legal sufficiency of a pleading. Code Civ. Proc. §§ 422.10, 589. A party may object by demurrer on the ground that “[t]he pleading does not state facts sufficient to constitute a cause of action.” CCP § 430.10(e)...
2020.11.23 Motion to Set Aside Default 570
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.11.23
Excerpt: ...s a remedial statute and is to be liberally applied to encourage resolving cases on their merits. Riskin v. Towers (1944) 24 Cal.2d 274, and Elston v. City of Turlock (1985) 38 Cal.3d 227 (superseded by statute on other grounds as noted in Wilcox v. Birtwhistile (1999) 21 Cal.4th 973). Defendant, in its reply, also raises a service defect based upon improper service of the Amended Complaint. In the Court's review of the court file, the Court find...
2020.11.23 Motion for Summary Judgment 866
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.11.23
Excerpt: ...is a genuine issue of material fact only if the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof. Id. at 845. The Court's sole function on a motion for summary judgment is issue‐ finding, not issuedetermination. The judge must simply determine from the evidence submitted whether there is a “triable issue as to any material ...
2020.11.16 Motion to Determine Amount of Reasonable Attorney's Fees 982
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.11.16
Excerpt: ...he issue of attorney's fees. Therefore, the Court assumes there is no opposition to the costs requested. In the context of the motion, several objections and requests for judicial notice have been made by the parties. The Court issues the following rulings on the requests and objections: Defendant's Request for Judicial Notice: Defendant requests judicial notice of three complaints filed by Plaintiffs' counsel in similar cases. These filed compla...
2020.11.09 Motion for Preliminary Approval of Class Action Settlement 712
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.11.09
Excerpt: ...n October 21, 2015 and August 14, 2020, and/or the Rest Break Subclass between July 27, 2019 and August 14, 2020. They assert cause of action for failure to provide rest and meal periods, failure to reimburse expenses, and for penalties pursuant to various Labor Code violations related to the alleged violations. The proposed settlement provides for a maximum Gross Settlement Amount (GSA) of up to $180,000.00 to be paid by Defendant. The proposed ...
2020.11.09 Motion for Leave to File Amended Complaint 968
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.11.09
Excerpt: ...al. 3d 920, 939. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” Morgan v. Sup.Ct. (1959) 172 Cal.App.2d 527, 530. However, liberality of pleading does n...
2020.11.02 Motion to Determine Reasonable Attorney's Fees 082
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.11.02
Excerpt: ... in situations in which a lawsuit might not otherwise be economically feasible. Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, 817. This fee shifting is only available in those cases in which the buyer prevails. Civil Code § 1794(d). What 2 it means for a buyer to prevail is not defined under the statute, but case law is instructive: …if the particular fee‐shifting statute does not define prevailing pa...
2020.11.02 Motion to Compel Further Responses, for Sanctions 558
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.11.02
Excerpt: ... to the Motion. 7 Meet and Confer. The parties both provide support for meet and confer efforts, which included a meet and confer letter sent by Plaintiff on July 28, 2020. On August 4, 2020, Defendant agreed to provide an amended response to Special Interrogatory No. 3. The amended response was served on August 18, 2020. On September 14, 2020, Plaintiffs sent another meet and confer letter expressing their dissatisfaction with the amended respon...
2020.10.26 Motion for Summary Judgment 866
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.10.26
Excerpt: ...RANTED. Merits of the Motion. The party moving for summary judgment bears the initial burden to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850. There is a genuine issue of material fact only if the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standar...
2020.10.26 Demurrer 614
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.10.26
Excerpt: ....10(f). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente Unified School District (1998) 65 Cal.App.4th 435, 438. No matter how unlikely,...
2020.10.19 Motion for Summary Judgment 094
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.10.19
Excerpt: ...le trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof. Id. at 845. The Court's sole function on a motion for summary judgment is issue‐finding, not issuedetermination. The judge must simply determine from the evidence submitted whether there is a “triable issue as to any material fact.” CCP § 437c(c). If the moving party does not meet the burden the motion...
2020.10.19 Motion for Summary Judgment, Adjudication 176
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.10.19
Excerpt: ...ause of action alleged against her (negligent misrepresentation) on the undisputed fact that she owned no duty to Plaintiffs and there was no misrepresentation that caused them harm. Objections: Objection 1: Sustained, lacks foundation and personal knowledge. Objections 2‐10: Sustained, hearsay, lacks foundation and personal knowledge. Objection 11: Overruled. Objection 12: Overruled. Objection 13: Overruled. Objection 14: Overruled. Objection ...
2020.10.19 Motion for Summary Judgment, Adjudication 257
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.10.19
Excerpt: ... as inadmissible under People v. Sanchez (2016) 63 Cal.4th 665. Dr. Luce establishes that his opinion is based on his personal experience as a physician, as well as his review of the medical records in this case. While it is true that he does not appear to have directly spoken to anyone involved in the Plaintiff's treatment, he does have knowledge of the course of treatment based upon his review of the medical records. Additionally, Plaintiff's o...
2020.10.13 Motion to Compel Deposition, Request for Monetary Sanctions 417
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.10.13
Excerpt: ... declaration. Defendant's motion sets forth some meet and confer efforts, although the parties clearly were not working together in the spirit of resolving the issues. Nor is there a declaration regarding Defense counsel's efforts to contact Plaintiff to address the nonappearance as required under CCP §2025.450(b)(2). In Clement v. Alegre (2009) 177 Cal. App. 4th 1277, the California Court of Appeal for the First District, when faced with a simi...
2020.10.05 OSC Re Confirmation of Receiver 172
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.10.05
Excerpt: ...o remediate the dangerous condition of the property for over three years. The first citations issued in March of 2017. Since that date, the condition of the property has grown progressively more dangerous. Dozens of calls for service have been associated with the property, including at least one fire. Despite the passage of a reasonable time, Defendant is unwilling or unable to bring the property into compliance with all the applicable code secti...
2020.10.05 Motion to Compel Further Responses 968
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.10.05
Excerpt: ... of judicial notice. “Although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably in dispute.” Unruh‐Haxton v. Regents of University of California (2008) 162 Cal. App. 4th 343, 364 (internal citations omitted). See also California Evidence Code section 450. While the Court will grant the r...
2020.10.05 Motion for Summary Judgment, Adjudication 680
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.10.05
Excerpt: ... that 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.” On September 3 14, 2020, after the filing of the Motion for Summary Judgment (filed on July 15, 2020), Plaintiff dismissed a number of the causes of action involving defendant Daniel Lockwood. The remaining causes of action against...
2020.09.28 Motion to Compel Further Responses 968
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.09.28
Excerpt: ... of judicial notice. “Although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably in dispute.” Unruh‐Haxton v. Regents of University of California (2008) 162 Cal. App. 4th 343, 364 (internal citations omitted). See also California Evidence Code section 450. While the Court will grant the r...
2020.09.28 Motion for Summary Judgment, Adjudication 680
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.09.28
Excerpt: ... that 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.” On September 3 14, 2020, after the filing of the Motion for Summary Judgment (filed on July 15, 2020), Plaintiff dismissed a number of the causes of action involving defendant Daniel Lockwood. The remaining causes of action against...
2020.09.21 Motion to Continue Trial Date 558
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.09.21
Excerpt: ...use may include “[a] party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.” CRC Rule 3.1332(c)(6). In determining whether to grant or deny a motion to continue, the Court considers a number of factors, as outlined in CRC 3.1332(d). Here, trial is not set until January, some four months from the motion date. No party has previously requested a continuance. The correspondence fi...
2020.09.21 Motion for Judgment on the Pleadings 468
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.09.21
Excerpt: ...ions 452, 452, and 453. That request is GRANTED. Merits of the Motion. As a preliminary matter, the motion was timely filed and served. Under CCP § 438(c)(1)(B)(2), a party may bring a motion for judgment on the pleadings on grounds that the complaint fails to state facts sufficient to constitute a cause of action against the moving defendants. The grounds for the motion must appear on the face of the challenged pleading(s) or be based on facts ...
2020.09.14 Motion to Compel Further Responses 558
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.09.14
Excerpt: ...endant Palo 2 Cedro Community Guild. (hereinafter “Defendant”) did not provide full and complete responses. Defendant has filed an Opposition to the Motion. Meet and Confer. The parties both provide support for meet and confer efforts, which culminated in a meet and confer letter sent by Plaintiff on the evening of August 5, 2020 requesting a response by August 7, 2020. Within that very narrow window, Defendant provided a response and left op...
2020.09.08 Motion for Preliminary Approval of Class Action Settlement 712
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.09.08
Excerpt: ... 21, 2015 and August 14, 2020, and/or the Rest Break Subclass between July 27, 2019 and August 14, 2020. They assert causes of action for failure to provide rest and meal periods, failure to reimburse expenses, failure to properly accrue and carry‐over sick leave and for penalties pursuant to various Labor Code 2 violations related to the alleged violations. The proposed settlement provides for a maximum Gross Settlement Amount (GSA) of up to $...
2020.08.31 Motion to Reopen Discovery 808
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.08.31
Excerpt: ...f Shasta at the Department of Child Support Services. The Court does not believe Judge Wood's spouse or step‐daughter has any involvement in the investigation, management, prosecution or defense of this case but does disclose the employment relationship between County of Shasta and the Court's first degree relative as required by California Code of Judicial Ethics, Canon 3E(2). Tentative Ruling on Plaintiff's Motion to Reopen Discovery: Plainti...

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