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2023.06.29 Motion for Summary Adjudication 267
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.06.29
Excerpt: ...h); 2. That there is no meritto each of the Defendants' affirmative defense allegations in their Amended Answer to Plaintiff's Third Cause of Action in their Third Amended Complaint for Unruh violations. In support of her Motion, Plaintiff submits four declarations: from herself, her counsel, and two experts, David Atkin, M.D„ and Steve Schraibman, CASP, AIA. She does not prov-de a Separate Statement of undisputed Material Facts. b. Opposition:...
2023.06.29 Motion for Contractual Attorney Fees 686
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.06.29
Excerpt: ...ey's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. Where a contract provides for attorney's fees, as set forth above, that provision shall be c...
2023.06.29 Demurrer 301
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.06.29
Excerpt: ...aintiff, now an adult, suffered childhood sexual abuse from Defendant EDWARD HEARN ("HEARN"), a DOLPHINS employee. Legal Standard on Demurrer. "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set forth the essential facts of his...
2023.06.28 Demurrer 439
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.06.28
Excerpt: ...ictim". (Thing v. La Chusa (1989) 48 cal.3d 644, 667-658; Bird v. Saenz (2002) 28 cal.4th 910, 915.) A bystander may be aware that an injury-producing event is causing injury to the victim without visually observing the exact moment of injury. (Krouse v. Graham (1977) 19 Cal.3d 59, 76; Wilks v. Hom (1992) 2 Cal.App.4th 1254, 1271; see, Bird, 28 Cal.4th at 916 ["To be sure, Thing's requirement that the plaintiff be contemporaneously aware of the i...
2023.06.22 Motion to Quash Subpoena 897
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.06.22
Excerpt: ...ugs and/or controlled substances were in her system at the tme of October 25, 2021 motor vehicle collision." Timeliness of Motion. Code of Civil Procedure section 1987.1 gives the trial court power to quash, modify, or direct conditional compliance with a subpoena upon a party's motion. The court may make any order as appropriate to protect the subpoenaed entity from unreasonable demands. Code of Civil Procedure section 1985.3, subdivision (g) mo...
2023.06.08 Motion to Compel Mental Exam 710
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.06.08
Excerpt: ...bd. (b), 2016.040.) Defendant's counsel's declaration accompanying its motion to compel states that since denial of Defendant's previous motion for leave to conduct a mental examination on February 22, 2023 the parties have met and conferred by phone and email. (Declaration of Simone M. Leighty in Support of Motion at "1 7-8, Exhibit F.) Subsequent to these discussions Defendant served a new demand for examination on March 13, 2023, to which Plai...
2023.06.08 Motion for Default Judgment to Continue 272
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.06.08
Excerpt: ...us and cause for its denial". (Cal. Rules of Court, rule 3.1113, subds. (a)-(b).) Additionally, on the court's own motion, the court vacates the entry of default on January 19, 2023. Plaintiff's proof of service of the summons and complaint, on a Judicial Council form that explicitly instructs the user "not [to] use this form to show service of a summons and complaint", establishes a failure to satisfy statutory requirements for service of a summ...
2023.06.07 Motion to Set Aside 064
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.06.07
Excerpt: ...00 case management fee on February 7, 2023, Page 3 of 3 due upon receipt or no later than 30 days from the date of the invoice. On March 3, 2023 a reminder was sent by AAA to Defendant and the message was relayed to the person responsible for approving large expenditures; however, he was on vacation and did not respond to Defendant's general counsel until March 7 with the approval. However, the payment was not issued. On March 14, 2023, AAA sent ...
2023.06.07 Motion to Compel Deposition 378
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.06.07
Excerpt: ...e deposition was unilaterally set, which is incorrect. In fact, Plaintiff's counsel requested dates on which Steve Circosta would be available, but Defendant's counsel failed to respond. Decl. of David Perkins, "11.) In response, Plaintiff's counsel extended an offer to meet and confer which was unsuccessful. The Court notes that the deposition notice was already for a remote deposition and Plaintiff indicated to defense counsel that the depositi...
2023.05.18 Motion to Compel Further Responses 358
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.05.18
Excerpt: ... discovery issues out resorting to a motion to compel further responses. 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 (Obregon) [factors include complexity of discovery issues, history of counsel in prior disputes, judge's gut feeling; sending one brief letter 13 days prior to deadline to file motion was not sufficient...
2023.05.17 Motion for Summary Judgment 235
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.05.17
Excerpt: ...d due to a defective golf car. Plaintiff has stated that he does not oppose this motion. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of action. (Code Civ. Proc., S 437c, subd. A summary judgment motion is pro#rly granted where the evidence in support of the moving party would be suffcient to sustain a judgment in his favor and his opponent does not show facts s...
2023.05.17 Demurrer 189
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.05.17
Excerpt: ...ver, a constitutional or statutory provision must identify a clear, nondiscretionary duty to act upon the facts alleged or an abuse of discretion in how [respondent] chose to act" and a petition must "show that there is some specific statutory mandate that was violated by the [public entity]." (In re Dohner (2022) 79 Cal.App.5th 590, 598-599, internal quotations and citations omitted.) Petitioner has not established that Respondent owed a clear, ...
2023.05.10 Motion to Compel Further Responses 724
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.05.10
Excerpt: ... discovery issues out before resorting to a motion to compel further responses. 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 (Obregon) [factors include complexity of discovery issues, history of counsel in prior disputes, judge's gut feeling; sending one brief letter 13 days prior to deadline to file motion was not suf...
2023.05.03 Motion for Summary Judgment 710
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.05.03
Excerpt: ... Defendant, was assaulted by train passenger Susanna Campos and her daughter Angie Campos, who was waiting for Susanna at Suisun Station. Objections to Evidence. In ruling on a motion for summary adjudication the court need only rule on those evidentiary objections that it deems material to its disposition of the motion. (Code Civ. Proc„ S 437c, subd. (q).) The court finds the first two of Defendant's three objections to Plaintiff's evidence im...
2023.04.27 Demurrer, Motion to Dismiss 214
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.04.27
Excerpt: ...rnia Environmental Quality Act (the "CEQA"). additionally moves to dismiss the petition on the same grounds upon which he bases his demurrer. The court takes judicial notice under Evidence Code section 452, subdivision (c) of Exhibit A, constituting the notice of exemption stating the categorical exemption of U-18-01-MR1 from the CEQA filed May 5, 2022. The petition was filed on July 26, 2022. Public Resources Code section 21157, subdivision (d) ...
2023.04.26 Motion to Seal 179
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.04.26
Excerpt: ...cation. (NBC subsidiary (KNBC-TV), Inc. v. superior court (1999) 20 cal.4th 1178, 1208; Mercury Interactive Corporation v. Klein (2007) 158 Cal.App.4th 60, 84.) Accordingly, a court record must not be filed under seal without a court order. (Cal. Rules of Court, rule 2.551(a).) Such an order must not be based solely on the agreement of the parties. (Cal. Rules of Court, rule 2.551(a).) A party seeking the sealing of a court record must file a wri...
2023.04.05 Motion for Reconsideration 127
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.04.05
Excerpt: ...isputed material facts demonstrated that SUTTER was entitled to judgment because Plaintiffs were unable to prove all elements of their causes of action, and that Plaintiffs failed to establish triable issues of material fact in response. MITCHELL was self-represented at the time when opposition to SUTTER's motion was due and failed to submit timely opposition. MITCHELL states that she has now retained counsel and requests reconsideration so that ...
2023.03.30 Motion for Preference 634
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.03.30
Excerpt: ...ars that these conditions have existed since Plaintiff filed her initial action in case number FCS052193 on January 18, 2019, which has been pending, without apparent urgency, for over four years and which is currently scheduled to commence trial on July 31, 2023. (Decl. of Straus, 7.) Not only has Plaintiff failed to identify any recent deterioration of health that might explain the current demand for preference (no motion for preference was sub...
2023.03.30 Demurrer 108
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.03.30
Excerpt: ...ocument may be accepted when made by a party or if there is no factual dispute over the contents of the document]; Fowler v. Howell (1995) 42 Cal.App.4th 1746, 1749-1750 [court may take judicial notice of the records and files of a state administrative board]; see, e.g., Tapia v. County of San Bernardino (1994) 29 Cal.App.4th 375, fn. 1 [taking judicial notice of the records of the Workers' Compensation Appeals Board].) Although Plaintiff objects...
2023.03.22 Motion to Compel Further Responses 136
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.03.22
Excerpt: ...015.040) and fails to establish that the parties engaged in a "serious effort at negotiation and informal resolution" that amounted to a sufficient "attempt to talk the matter over, compare their views, consult, and deliberate." (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294; Townsend v. Superior Court (1998) 61 Cal .App.4th 1431, 1439.) Respondent's counsel's declarations do not demonstrate that the parties ever discussed the claimed insuf...
2023.03.16 Demurrer 301
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.03.16
Excerpt: ...t EDWARD HEARN ("HEARN"), a teacher, while attending a DUSD school. Request for Judicial Notice ("RJN"). Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). The court takes judicial notice of the docket of this case (relevantly showing that DUSD was served with Plaintiff's original complaint on October 7, 2020), DUSD's tort claim to DIXON made on August 18, 2022, DIXON's refusal...
2023.03.15 Motion for Summary Judgment 127
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.03.15
Excerpt: ...igent infliction of emotional distress. Plaintiffs' complaint concerns UNIVERSAL's alleged acts and omissions relating to the death of their son Daimon Ferguson ("Decedent") at Defendant SUTTER VALLEY HOSPITALS, dba SUTTER SOLANO MEDICAL CENTER hospital on September 3, 2020. The court has not received opposition from FERGUSON. Page 2 of 5 Objections to Evidence. MITCHELL's objection to UNIVERSAL's Exhibit D, purportedly a security camera video sh...
2023.03.08 Demurrer 156
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.03.08
Excerpt: ...(1941) 44 Cal.App.2d 71, 73.) Plaintiff lists various potential causes of action in the caption before simply listing alleged facts without making any attempt to separately state the causes of action sought to be pursued. From the facts alleged in the body of the complaint, it appears that Plaintiff attempted to state causes of action on the legal theories that Plaintiff's employment was wrongfully terminated either in direct violation of the Fam...
2023.03.02 Motion to Enforce Settlement Agreement 342
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.03.02
Excerpt: ...ent. This statute provides a summary procedure for enforcing a settlement agreement without the need for a new lawsuit. (Critzer v. Enos (2010) 187 Cal.App.4th 1242, 1252.) A settlement agreement to which parties stipulate orally before the court has established its terms on the record and is not vulnerable to conflicting interpretations; thus judgment may be entered on those terms. (Skulnick v. Roberts Express, Inc. (1994) 2 Cal.App.4th 884, 889...
2023.03.01 Special Motion to Strike 098
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.03.01
Excerpt: ...1). C.C.P. §425.16(e)(2) defines “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” to include “any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law”. C.C.P. §425.16(e)(2) can encompass sta...

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