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2021.01.13 Motion to Set Aside Default, Judgment 672
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.01.13
Excerpt: ...3(b) based upon mistake, inadvertence, surprise or excusable neglect. The motion is denied. OSI is an Illinois corporation doing business in California. At all times relevant, OSI's designated agent for service of process was CT Corporation. (Declaration of Kenneth Freed, Exhibit 1.) Creditors Adjustment Bureau, Inc. (CAB), a collections agency and assignee of a debt owed to State Compensation Insurance Fund by OSI, filed its complaint in Solano ...
2021.01.07 Motion for Appointment of Counsel 941
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.01.07
Excerpt: ...p inquiry guides exercise of this discretion: first, the court determines if the inmate is indigent; second, the court determines if the action represents a bona fide threat to his personal or property interests; and third, after affirmatively answering the first two questions, the court must determine what remedy to use to protect the person's right of meaningful access to the courts. (Ibid.) The court, after examining the totality of the circum...
2020.12.31 Motion to Strike Amended Answer 567
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.12.31
Excerpt: ...n amendment. (See Cardenas v. Ellston (1968) 259 Cal.App.2d 232, 239 [court justified in permitting amendment of answer after cutoff date same court had set during pretrial conference].) Plaintiff's citation to Code of Civil Procedure section 438 is irrelevant as that section applies to amendments made after motions for judgment on the pleadings. The contents of DARREN's amended answer do not now take Plaintiff by surprise as the amended answer w...
2020.12.30 Motion to Compel Further Responses, for Monetary Sanctions 492
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.12.30
Excerpt: ...n file a new motion under C.C.P. §2030.300 to compel even further responses as to those interrogatories, if they comply with all of the procedural requirements for such a motion). As to the 3 interrogatories remaining at issue (8, 18 and 20), the court declines to compel a further response to any of them. Page 2 of 3 As to interrogatories 8 and 20, the court recognizes that under the modified collateral source rule, information about payment by ...
2020.12.10 Motion for Trial Preference 390
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.12.10
Excerpt: ...ff's health, the threshold for providing information about medical diagnoses and prognoses is very low. C.C.P. §36.5 allows such information to be provided by a party's attorney, based on information and belief. Therefore, “[t]he attorney's declaration can consist entirely of hearsay and conclusions”. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §12:247.1, p. 12(I)‐43, citing Fox v. Superior Court (2018) 21 Cal.App.5th 529...
2020.12.10 Demurrer, Motion to Strike 332
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.12.10
Excerpt: ...ally alleged the roles specific defendants have played in the two written loan agreements on which the causes of action are based and the use of the term in the subheadings do not impair Defendants' ability to understand the complaint or determine the issues that must be met. (People v. Lim (1941) 18 Cal.2d 872, 882.) Plaintiff has alleged facts establishing that Defendant Dwight Davenport was a party to the agreements on which the first and thir...
2020.12.09 Motion to Vacate Dismissal 836
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.12.09
Excerpt: ...affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any…resulting default judgment or dismissal entered against his or her client, unless the court finds that the default of dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal ...
2020.12.09 Motion for Change of Venue 163
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.12.09
Excerpt: ...R during the time of the events described in the complaint, is in Riverside County. The court takes judicial notice of all proffered facts as relevant, not reasonably subject to dispute, and capable of immediate and Page 5 of 6 accurate determination by resort to sources of reasonably indisputable accuracy. (Ev. Code, § 452, subd. (h).) Merits of Motion. Code of Civil Procedure section 397, subdivision (a) states that venue may be changed when t...
2020.12.09 Motion for Attorneys' Fees 760
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.12.09
Excerpt: ...action.” (Kelly v. House (2020) 47 Cal.App.5th 384, 393, quoting Bell v. Vista Unified Sch. Dist. (2000) 47 Cal.App.4th 672, 686‐687.) Although apportionment may not be necessary if attorneys' fees are incurred for representation on an issue common to causes of action for which attorneys' fees are proper and for which they are not, or if it is impracticable or impossible to separate the attorneys' time into compensable and noncompensable unit...
2020.12.03 Motions to Compel Further Responses 422
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.12.03
Excerpt: ...pute regarding these matters has been rendered moot by the service of amended responses. Should Plaintiffs continue to find any of these responses insufficient, they may file an appropriate motion within 45 days of the service of verified responses or any later date to which the parties agree in writing. (Code Civ. Proc. §§ 2031.310(c), 2033.290(c).) The court reminds the parties that they must make a “reasonable and good faith attempt at an ...
2020.11.19 Motion for Summary Judgment 623
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.11.19
Excerpt: ...963) 60 Cal.2d 303, 305; Brizuela v. CalFarm Ins. Co. (2004) 116 Cal.App.4th 578, 590.) Actual prejudice, such as the substantial likelihood that a trier of fact would have found in favor of the insured had the insured not breached the cooperation clause, must be shown. (Billington v. Interinsurance Exch. of S. Cal. (1969) 71 Cal.2d 728, 737‐738; State Farm Fire & Cas. Co. v. Miller (1970) 5 Cal.App.3d 837, 840.) Defendant presents undisputed e...
2020.11.12 Demurrer 484
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.11.12
Excerpt: ... Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint must allege facts sufficient to establish every element of each cause of action. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acqua...
2020.11.12 Motion to Compel Further Responses 198
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.11.12
Excerpt: ... Plaintiff's counsel used the identical lengthy recitation of complaints regarding the subject parking lot which predated the subject incident and listed a long series of documents produced by Defendant. The responses are not responsive to the specific question asked by defense counsel in Special Interrogatories 8 and 14. And, other than boilerplate general objections at the beginning of the Response, no specific objections were raised by Plainti...
2020.11.04 Motion for Leave to Conduct Punitive Damages Discovery 567
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.11.04
Excerpt: ...lice” means conduct intended to cause injury. (Civ. Code, § 3294, subd. (c)(1).) A plaintiff may not conduct pretrial discovery with respect to evidence of a defendant's financial condition without a court order permitting such. (Civ. Code, § 3295, subd. (c).) The court may grant such an order upon motion by the plaintiff supported by affidavits, and a hearing if the court deems one necessary, if the court finds that there is a substantial pr...
2020.11.03 Motions in Limine 601
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.11.03
Excerpt: ...not to actions for breach of contract. Plut v. Fireman's Fund Inc. (2000) 85 Cal.App.4th 98. Introduction of evidence regarding insurance is admissible if it is not offered to prove negligence or wrongdoing. Seeno Motion in Limine No. 2: to exclude allocation of defense costs, and to exclude evidence of reasonableness of defense costs. Denied. Case law allows the allocation of defense costs. See, e.g., Pulte Home Corporation v. CBR Electric (2020...
2020.10.29 Motion to Tax Costs 768
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.29
Excerpt: ...tion of $210 in filing and service costs, Defendants claim costs that are not authorized by statute, mostly consisting of travel and meal expenses that were not incurred to attend depositions. Defendants have not opposed this motion and have not justified any of these expenses as reasonably necessary to the conduct of the litigation or reasonable in amount. (Code Civ. Proc. § 1033.5(c).) Accordingly, these $14,087.53 in “other costs” shall b...
2020.10.28 Demurrer 813
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.28
Excerpt: ...icial notice of the complaint in this case. The court need not take judicial notice of a document that is already a part of the record of this case. Legal Theories of Public Entity Liability for Dangerous Conditions. The issue is whether Plaintiff may maintain causes of action holding Defendant liable for the negligence of its employees and independent contractors that may have caused his injury from tripping over a jagged metal post on the sidew...
2020.10.22 Motion for Summary Adjudication 567
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.22
Excerpt: ...isposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) #1. DARREN objects that Plaintiff's “Compendium of Evidence” (CE”) item 1A, a Vallejo Police Department police report, is hearsay. The objection is sustained. #2. DARREN objects that Plaintiff's CE‐1B, a transcript of the hearing in Solano County Case No. FCS048949, is hearsay and selectively edited. DARREN specifically objects to three sections of the transcript Plaintiff c...
2020.10.21 Demurrer, Motion to Strike 749
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.21
Excerpt: ...e statutory basis of Plaintiff's first cause of action outright and provides Plaintiff standing to maintain her second cause of action. Its repeal as of January 1, 2020 is thus a point of major concern to this demurrer. (Civ. Code, § 2920.7, subd. (o) [statute automatically repealed Jan. 1, 2020].) It is “a general rule…that a cause of action or remedy dependent on a statute falls with a repeal of that statute, even after the action thereon ...
2020.10.08 Demurrer 738
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.08
Excerpt: ...tch purchases and that Defendant charges multiple insufficient funds fees (“NSF Fees”) on single purchases, in violation of its contracts with Plaintiff and others similarly situated. Judicial Notice. The court takes judicial notice of all items Defendant proffers as facts not reasonably subject to dispute or as records of courts of the United States, as appropriate. (Ev. Code § 452, subds. (d), (h).) Legal Standard. “The function of a dem...
2020.10.02 Motion for Protective Order 996
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.02
Excerpt: ...tion may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the motion. Obregon v. Superior Court (1998) 67 Cal.App.4th 424 [factors to be considered include the complexity of the discovery issues, the past history of the counsel on prior disputes, and to a certai...
2020.10.01 Motion to Compel Production of Psychiatric Records 504
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.01
Excerpt: ...dered Plaintiff's untimely Opposition [(C.C.P. §1005(b)], which exceeded the page limit permitted by CRC 3.113. (The Court also notes that Plaintiff's pleadings contain an incorrect email address for Plaintiff's counsel.) Defendant's motion is granted. Good cause has been shown for production of unredacted psychiatric records of the plaintiff. Defendant does not seek unlimited access, but merely for two years prior to the commencement of Plainti...
2020.10.01 Motion for Protective Order 996
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.01
Excerpt: ...tion may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the motion. Obregon v. Superior Court (1998) 67 Cal.App.4th 424 [factors to be considered include the complexity of the discovery issues, the past history of the counsel on prior disputes, and to a certai...
2020.09.30 Motion for Summary Judgment, Adjudication 125
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.09.30
Excerpt: ...s‐complaint, for quiet title and declaratory relief. Judicial Notice. Matters subject to judicial notice may support a motion for summary judgment. (Code Civ. Proc. § 437c, subd. (b)(1).) The court takes judicial notice of all proffered items from both parties with the exception of DROLET's Exhibit 18, constituting sections of the Uniform Plumbing Code. (Ev. Code §§ 452, subds. (b), (c), (h) [notice permitted of public entity regulations and...
2020.09.03 Motion for Summary Judgment 188
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.09.03
Excerpt: ...�854.8 uses almost identical language to provide immunity to public entities to injuries occurring to an inpatient at a mental institution. Defendant CALIFORNIA DEPARTMENT OF STATE HOSPITALS (“DSH”) operates mental institutions such as Atascadero State Hospital, at which Michael Galliher (“Decedent”) was housed and treated, during parts of his extended incarceration, and thus could claim immunity under Government Code §854.8. This immuni...

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