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2024.03.08 Motion to Transfer 428
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.03.08
Excerpt: ...73 Cal. App.4th 1189, Ventura Unified School District v. Superior Court (2001) 92 Cal.App.4th 811). CCP Section 394 does not use the term “accident”, but uses the language, “for injury occurring within […] the county.” CCP Section 394. The complaint in the prese nt case does not allege that the accident, plaintiff's injuries or the death of her son occurred, even in part, in Merced County. In their motion, defendants note that the comp...
2024.03.01 Demurrer 602
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.03.01
Excerpt: ...ealing by making a frivolous and bad faith indemnity claim based on “easily and inexpensively resolved issues” cited by California's Board of Vocational Nursing & Psychiatric Technicians. (FAC, ¶ 9.) The covenant of good faith and fair dealing is an implied contrac tual term that aims to effectuate the contractual intentions of the parties by requiring that neither party to the contract will do anything to injure the right of the other to re...
2024.02.29 Motion for Summary Judgment 354
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.29
Excerpt: ...t Plaintiff, BART, and MALCOLM are siblings and together the sole shareholders of CTF, a corporation engaged in tree farming, and that due to BART and MALCOLM's acts as combined majority shareholders CTF's business has been abandoned, Plaintiff as minority shareholder has been s ubjected to persistent unfairness in that she has realized little or no profit from her ownership share, and that liquidation is reasonably necessary to protect the righ...
2024.02.28 Motion to Strike 678
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.28
Excerpt: ...nce by groups su ch as MADD, California courts found such driving can subject the driver to possible punitive damages, depending upon the history of the driver and/or the recklessness of the driving. Taylor v. Superior Court (1979) 24 Cal.3d 890; Dawes v. Superior Court (1980) 111 Cal.App.3d 82. Plaintiffs' first amended complaint alleged that moving party LARRY BOWIE (“BOWIE”) “rapidly approached the rear of a [car] in the same lane in fr...
2024.02.27 Motion for New Trial 217
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.27
Excerpt: ...ment with Defendant on May 28, 2020 because she took up to forty hours' time off to address a childcare provider and/or school closure emergency caused by the COVID -19 pandemic. The jury returned a verdict on July 21, 2023 finding in Plaintiff's favor on both causes of action and awarding her net damages of $69,500. Defendant asserts several irregularities in the proceedings that prevented it from receiving a fair trial and which support granti...
2024.02.23 Motion for Judgment on the Pleadings 514
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.23
Excerpt: ...ates fact s sufficient to constitute a cause or causes of action and the defendant's answer does not state facts sufficient to constitute a defense. (Code Civ. Proc., § 438, subd. (c)(1)(A).) The grounds for such a motion must appear on the face of the pleadings o r from judicially noticeable materials. (Code Civ. Proc., § 438, subd. (d).) The standard for granting a motion for judgment on the pleadings is essentially the same as that for susta...
2024.02.15 Motion for Summary Judgment, Adjudication 672
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.15
Excerpt: ...6-17 as a matter of law negate Plaintiff's ability to prevail on the 2nd cause of action for common counts, as there is no debt or obligation to support this claim. UMFs 18- 21 as a matter of law negate Plaintiff's ability to prevail on the 3rd cause of action for breach of the 2021 alleged oral lease agreement, as no violation of Civil Code §1947.12 can be shown. UMFs 23- 35 as a matter of law negate Plaintiff's ability to prevail on the 4th ca...
2024.02.09 Motion for Summary Judgment 069
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.09
Excerpt: ...on for leave to Þle an amended complaint but neither contains a declaration per California Rules of Court Rule 3.1324, subdivision (b) specifying the e¯ect of the proposed amendment, why the amendment is necessary and proper, when the facts giving rise to the amendment were discovered, and why amendment was not sought earlier. Further, the apparent e¯ect of the proposed amendment is merely to clarify exactly where on Defendant's premises Pla...
2024.02.02 Demurrer to FAC 050
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.02
Excerpt: ...ercomes demurrer: It is not necessary that the cause o action be the one intended by plainti¯. The test is whether the complaint states any valid claim entitling plainti¯ to relie. Thus, plainti¯ may be mistaken as to the nature o the case, or the legal theory on which plainti¯ can prevail. But i the essential acts o some valid cause o action are alleged, the complaint is good against a general demurrer. [Quelimane Co., Inc. v. Ste...
2024.02.01 Motion for Summary Judgment 971
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.01
Excerpt: ...ry judgment on the basis that the plainti¯ cannot establish an element of his cause of action. (Code Civ. Proc., § 437c, subd. (o)(1).) A summary judgment motion is properly granted where the evidence in support of the moving party would be su¯icient to sustain a judgment in his favor and his opponent does not show facts su¯icient to present a triable issue of fact. (Parker v. Twentieth Century-Fox Film Corp. (1970) 3 Cal.3d 176, 181.) The...
2024.02.01 Demurrer 985
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.01
Excerpt: ...�'s complaint is that the parties contracted for the sale to Plainti¯ of robots for its food processing facility but the robots delivered do not function as warranted. Timeliness of Filings. The court exercises its discretion to consider the late-Þled demurrer. (Jackson v. Doe (2011) 192 Cal.App.4th 742, 749.) Plainti¯'s opposition to demurrer was timely. (Code Civ. Proc., §§ 1005, subds. (b)-(c), 1010.6, 1013, subd. (g).) Legal Standard o...
2024.01.30 Motions to Compel Further Responses, for Additional Time to Conduct Deposition 354
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.01.30
Excerpt: ... to depose Plainti¯. Plainti¯'s second amended veriÞed complaint alleges, essentially, that she is entitled by agreement with her brothers BART and MALCOLM to one- third ownership of family business CTF and she seeks dissolution of CTF because BART and MALCOLM have mismanaged the business to her detriment. Meet and Confer E¯orts. The court Þrst considers the adequacy of the parties' e¯orts to meet and confer to work these issues out bef...
2024.01.30 Motion for Attorney Fees 354
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.01.30
Excerpt: ... “anti-SLAPP”) motion that struck Plainti¯'s previously existing breach of contract claim. Defendants contend that while the work done on those motions was separate from their work on the anti-SLAPP motion the antiSLAPP law permits them to recover fees for that work regardless because it was necessary for the e¯ective defense of their victorious anti-SLAPP motion. Wanland v. Law O¯ices of Mastagni, Holstedt & Chiurazzi (2006) 141 Cal.Ap...
2024.01.29 Motion to Compel Further Responses 168
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.01.29
Excerpt: ...unsel engaged in a “serious e¯ort at negotiation and informal resolution” that amounted to a su¯icient “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.) Rather than engaging in a meaningful attempt to informally resolve the dispute regarding each discovery request for which Plainti¯ seeks...
2024.01.26 Motion for Judgment on the Pleadings 942
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.01.26
Excerpt: ...ked by a horse. Request for Judicial Notice. The court takes judicial notice of the complaint Plaintiff filed against JACKSON in this county in case CU23-03078, alleging wage and hour violations, as a record of a court of this state. (Evid. Code, S 452, subd. (db.) Legal Standard. A defendant may move for judgment on the pleadings on the basis that the complaint against him does not state facts sufficient to constitute a cause of action. (Code Ci...
2024.01.25 Demurrer, Motion to Compel Further Responses, for Sanctions 968
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.01.25
Excerpt: ...ly with the list of discovery identified in the motion. The parties are therefore to appear for hearing on this motion, with Defendant's counsel to clarify whether verified further responses will be voluntarily provided not only to the discovery listed in the opposition, but also to Special Interrogatory 17; and Requests for Production 7; 10-14; and 16. Because the promise of further responses was not made before Plaintiff filed this motion, and ...
2024.01.22 Motion to Strike, for Protective Order 132
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.01.22
Excerpt: ...lemental interrogatory can be propounded by a party who earlier propounded interrogatories, "to elicit any later acquired information bearing on all answers previously made by any party in response to interrogatories." C.C.P. 52030.070(a). The same is true for requests for production, "to inspect, copy, test, or sample any later acquired or discovered documents, tangible things, land or other property, or electronically stored information in the ...
2024.01.19 Motion for Leave to File SAC 814
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.01.19
Excerpt: ...EICHERT") moves for leave to file a cross-complaint for indemnity against only JOHN and Defendant DEANN PETERSON ("DEANN"). Plaintiff's operative first amended complaint alleges that Defendants PULTE HOMES OF CALIFORNIA, INC. ("PULTE"), TEICHERT, JOHN, DEANN, and former Doe Defendant GARRETT PETERSON ("GARRETT") are responsible for injuries she sustained when a motor vehicle she was riding, and which GARRETT drove, went into a pit on PULTE and TE...

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