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2021.05.21 Motion to Compel Further Responses 066
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.05.21
Excerpt: ...l sought is protected from disclosure based the right to privacy. SUHSD has asserted these objections on behalf of Defendant Michelle Kimball (“Kimball”). Motions brought pursuant to CCP § 2031.310 shall be accompanied by a meet and confer declaration. CCP § 2031.310(b)(2). “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 b...
2021.05.21 Motion for Sanctions 100
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.05.21
Excerpt: ... in nine different court files. The request for judicial notice was contained within Defendant's declaration and was not filed as a separate document. The request for judicial notice is DENIED. Jurisdiction: A defendant against who a default has been entered cannot thereafter file pleadings, move for a new trial or demand a notice of subsequent proceedings until the default is set aside. Holsinger v. Holsinger (1950) 95 Cal.App.2d 835, 837. Here,...
2021.05.17 Motion to Continue Trial 792
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.05.17
Excerpt: ... on April 29, 2021, which is less than sixteen court days prior to the hearing. However, Plaintiff did not raise an objection and responded substantively, thus waiving any objection to the notice. Tate v. Superior Court (1975) 45 Cal.App.3d 925, 930. Defendant's Request for Judicial Notice. Defendant requests that the Court take judicial notice of the moving papers from the previous Motion to Continue heard on December 14, 2020 as a record of a c...
2021.05.17 Motion to be Relieved as Counsel 664
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.05.17
Excerpt: ...elated to why the motion has been brought instead of filing the substitution of attorney. CRC 3.1362(c) requires the supporting declaration to provide an explanation as to why the motion is necessary in place of a filing a consent to substitution under CCP § 284(1). Mr. Minasian indicates that his client owes in excess of $10,000 in attorney fees, does not communicate with him, and has not responded to requests to obtain discovery. In Mr. Minasi...
2021.05.10 Motion to Set Aside Default 472
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.05.10
Excerpt: ...nsider the late filed paperwork. CRC 3.1300(d) Merits of Motion: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment….” CCP § 473.5(a). A motion of this nature “shall be accompanied by an affidavit showing under oa...
2021.05.10 Motion to Set Aside Default 100
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.05.10
Excerpt: ...bjection No. 7‐ Overruled as to relevance, sustained as to hearsay and improper opinion Objection No. 8‐Overruled Objection No. 9‐Overruled Objection No. 10‐Overruled Objection No. 11‐Sustained Objection No. 12‐ Sustained Objection No. 13‐Sustained Objection No. 14‐Sustained Objection No. 15‐Sustained Objection No. 16‐Sustained Objection No. 17‐Overruled 2 Objection No. 18‐Overruled Objection No. 19‐Overruled Objection N...
2021.05.03 Motion to Appoint Attorney and Expert Witness 405
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.05.03
Excerpt: ...which to ensure meaningful access to the court. Jameson v. Desta (2009) 179 Cal. App. 4th 672, 678. Wantuch v. Davis (1995) 32 Cal. App. 4th 786 provides considerations for the Court to balance in determining the appropriate remedy to secure access to the court. That case analyzed a similar request in the context of an indigent, incarcerated litigant. The Court suggested consideration of “the nature of the action, the potential effect on the pr...
2021.04.26 Motion to Issue Amended Judgment 144
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.04.26
Excerpt: ... property which has been complicated by the issuance of multiple judgments. 4 Plaintiffs cite no legal authority, either statutory or case law, to support their request. There is no allegation that the Judgments in this case contain any errors or that they are void. The request appears to be purely for the convenience of Plaintiffs in enforcing the judgments. With no legal authority being cited, the motion is DENIED without prejudice. A proposed ...
2021.04.26 Motion to Appoint Attorney and Expert Witness 405
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.04.26
Excerpt: ...which to ensure meaningful access to the court. Jameson v. Desta (2009) 179 Cal. App. 4th 672, 678. Wantuch v. Davis (1995) 32 Cal. App. 4th 786 provides considerations for the Court to balance in determining the appropriate remedy to secure access to the court. That case analyzed a similar request in the context of an indigent, incarcerated litigant. The Court suggested consideration of “the nature of the action, the potential effect on the pr...
2021.04.19 Demurrer 568
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.04.19
Excerpt: ...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, a plain...
2021.04.05 Motion for Leave to Intervene 216
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.04.05
Excerpt: ...ovember 18, 2020 pursuant to Evid. Code § 452(d). This request is granted. Merits of the Motion. A petition for leave to intervene may be made by noticed motion or ex parte application and must include a copy of the Proposed Complaint‐In‐Intervention and set forth the grounds upon which intervention rests. CCP § 387(c). Under CCP § 387(d)(2), the Court has discretion to permit a nonparty to intervene in the action where “the person has a...
2021.03.29 Demurrer 066
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.29
Excerpt: ...er is based on the claim that there is no theory by which a public entity can be liable under Civil Code §§ 51.9 or 52. Plaintiff alleges that Defendant is liable under the theory that they authorized or ratified the actions of Ms. Kimball. Plaintiff relies upon Civil Code § 2339 as statutory authority to hold the School District liable for the tortious conduct of Ms. Kimball. Ratification may occur where a private employer knows or should kno...
2021.03.29 Motion to Enforce Settlement 680
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.29
Excerpt: ...otice is granted. Merits of Motion: On December 21, 2020, counsel for all parties met, discussed and executed a document with settlement terms. The document was not executed by the parties themselves. Defendants /Cross‐Complainants Daniel Lockwood and Roseanne Lockwood (“Lockwood”) along with Defendant/Cross‐Defendant/Intervenor Development Group, Inc. (“DGI”) and Cross‐Defendant Development Group Holdings, LLC (“DGH”) seek to e...
2021.03.22 Motion to Enforce Settlement 680
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.22
Excerpt: ...otice is granted. Merits of Motion: On December 21, 2020, counsel for all parties met, discussed and executed a document with settlement terms. The document was not executed by the parties themselves. Defendants /Cross‐Complainants Daniel Lockwood and Roseanne Lockwood (“Lockwood”) along with Defendant/Cross‐Defendant/Intervenor Development Group, Inc. (“DGI”) and Cross‐Defendant Development Group Holdings, LLC (“DGH”) seek to e...
2021.03.22 Demurrer, Motion to Compel Further Responses 066
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.22
Excerpt: ...er is based on the claim that there is no theory by which a public entity can be liable under Civil Code §§ 51.9 or 52. Plaintiff alleges that Defendant is liable under the theory that they authorized or ratified the actions of Ms. Kimball. Plaintiff relies upon Civil Code § 2339 as statutory authority to hold the School District liable for the tortious conduct of Ms. Kimball. Ratification may occur where a private employer knows or should kno...
2021.03.15 Motion to Set Aside Default 290
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.15
Excerpt: ...no case exceeding six months after the judgment was taken. CCP § 473(b). The Summons and Complaint were served on December 22, 2020. The evidence presented by Defendant is that he tried to file his Answer at approximately 8:30 a.m. on January 19, 2021, but was told by a civil clerk that it was in a format unacceptable to the Court. Parenti Decl. ¶ 2. The Defendant then asked the clerk for general advice and was informed that the thirty day peri...
2021.03.15 Motion for Preliminary Approval of Class Action Settlement 938
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.15
Excerpt: ...ntain a FAC. However, upon receipt it was apparent that the FAC was filed in Federal Court, not State Court. At the hearing on February 8, 2021, Plaintiff was directed to file a FAC in this case so that the operative pleading is part of the official record. Plaintiff is again directed to file a FAC in this case so that operative pleading is part of the official record. The proposed Class is defined as, “all current and former non‐exempt, hour...
2021.03.15 Motion for Leave to Serve by Publication 734
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.15
Excerpt: ...with reasonable diligence be served in another manner specified in this article and that either: (1) a cause of action exists against the party upon whom service is to be made or he or she is a necessary party to the action or (2) the party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding t...
2021.03.15 Motion for Leave to Intervene 216
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.15
Excerpt: ...ursuant to Evid. Code § 452(d). This request is granted. Merits of the Motion. A petition for leave to intervene may be made by noticed motion or ex parte application and must include a copy of the Proposed Complaint‐In‐Intervention set forth the grounds upon which intervention rests. CCP § 387(c). Under CCP § 387(d)(2), the Court has discretion to permit a nonparty to intervene in the action where “the person has an interest in the matt...
2021.03.08 Motion to Strike 292
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.08
Excerpt: ...hed that resolves the objections to be raised in the motion to strike. CCP § 435.5(a). Plaintiff has provided a letter sent to Defendants on January 19, 2021. Ricks. Decl. ¶ 5, Exhibit B. The Court finds that Plaintiff has met their obligation to meet and confer. Motion to Strike Standard: A motion to strike can be used to attack the entire pleading, or any part thereof, including single words or phrases. Stearns Ranchos v. Atchison Topeka & Sa...
2021.03.01 Motion for Final Approval of Class Action Settlement 712
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.01
Excerpt: ...ecember 3, 2020. The pending Motion for Final Approval of Class Action Settlement and Motion for Award of Reasonable Attorneys' Fees and Costs, Class Representative Service Award, and Settlement Administration Fees were filed on February 2, 2021 along with numerous supporting declarations. Both motions are unopposed. Final Approval of the Settlement: The terms of the settlement require defendant to fund a settlement package in the amount of $180,...
2021.02.22 Special Motion to Strike 607
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.02.22
Excerpt: ..., the burden shifts to the plaintiff to establish his probability of prevailing on the claim. (HMS Capital, Inc. v. Lawyers Title Company (2004) 118 Cal.App.4th 204, 211.) A defendant meets his initial burden by demonstrating the act underlying the plaintiff's cause of action fits one of the categories spelled out in section 425.16, subdivision (e). (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) The “focus is not the form of the plaintiff's c...
2021.02.22 Motion to Strike Religion Defenses 786
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.02.22
Excerpt: ...nd confer at least five days before the date a motion to strike is filed. The Declaration of Robert P. Johnston provides evidence that the Parties met and conferred more than five days prior to the motion being filed. Requests for Judicial Notice. Both Parties request that the Court take judicial notice of the various pleadings contained within the Court's file for this case as well as the Appellate Opinion, Sumner v. Simpson University (2019) 27...
2021.02.08 Motion for Summary Adjudication 486
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.02.08
Excerpt: ...priate pursuant to Evid. Code § 452 and the Court will take judicial notice of each of the document Plaintiff's Objections to Defendants' Exhibits. The objections are be overruled. Service. Defendant objects that the Motion was served electronically, rather than by mail or personal service. The Court notes that Emergency Rule 12, which would have required Defendant to accept electronic service was repealed November 13, 2020. The Motion was serve...
2021.02.08 Motion for Preliminary Approval of Class Action Settlement 938
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.02.08
Excerpt: ...tain a FAC. However, upon receipt it was apparent that the FAC was filed in Federal Court, not State Court. Plaintiff is directed to file a FAC in this case so that the operative pleading is part of the official record. The proposed Class is defined as, “all current and former non‐exempt, hourly employees who worked for Defendant within California at any time during the Class Period,” which is defined as “the time period from January 3, 2...

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