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2021.10.29 Motion to Compel Responses, Production of Docs 854
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.10.29
Excerpt: ...ct discovery. Moving party has failed to comply with Local Rule 3.3.7, enacted January 1, 2018, in that the Notice of Motion does not include the mandatory language regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐deficient motion. Based solely upon moving party's failure to comply with Local Rule 3.3.7, the motion is DENIED without prejudice ...
2021.10.29 Motion for Judgment on the Pleadings 407
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.10.29
Excerpt: ...ion. A Plaintiff may only move for Judgment on the Pleadings pursuant to Code of Civil Procedure section 438, on grounds “that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Cal Code Civ. Proc., § 438, subd. (c)(1)(A).) “The grounds for motion provided for in this section shall appear on the face...
2021.10.15 Motion to Strike, Answer, to File Amended Complaint, to Continue Trial Date 298
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.10.15
Excerpt: ...ted, the Court finds that KDI is a suspended corporation. KDI appears to concede the point by failing to file an opposition to the motion. A suspended corporation may not prosecute or defend an action in a California court. (See Ransome‐Crummey Co. v. Super. Ct. (1922) 188 Cal. 393, 396‐97.) Based on the foregoing, the motion is GRANTED. The clerk shall provide notice of this ruling to the parties forthwith. PMZ is to prepare a formal Order p...
2021.10.01 Motion to Compel Further Responses 129
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.10.01
Excerpt: ...esponses are incomplete and evasive. Defendant further requests the Court impose monetary sanctions pursuant to Code of Civil Procedure sections 2030.300 (d) and 2031.310 (h), against Plaintiff and his counsel in the amount of $500. Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint filed in this action. A. INTERROGATORIES A party propounding interrogatories has the burden of filing a motion to co...
2021.10.01 Demurrer 174
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.10.01
Excerpt: ...pecially without a motion required by Rule of Court 8.36.” Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of the subject matters thereof. The gravamen of Defendant's demurrer is that the entire action must be dismissed because the original Plaintiff was not the real party in interest, and further because the original Plaintiff lacked the capacity to maintain an action in California. (See Demurrer at 2:15‐2...
2021.09.24 Motion to Dismiss 112
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.09.24
Excerpt: ...o comply with Local Rule 3.3.7, the motion is DENIED, without prejudice to refile, to the extent it otherwise is timely and appropriate pursuant to relevant statutes. However, the Court additionally notes that all authorities cited by Defendant are to the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and/or federal appellate cases, none of which are applicable to a state court proceeding such as this; even had defendant complie...
2021.09.24 Demurrer 171
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.09.24
Excerpt: ...d to substitute a third amended petition upon conferring with his client but to date has not signed a stipulation regarding same. Concerned about statutory time limits, respondent filed the present demurrer. No opposition has been filed to the demurrer. The Court interprets the uncontroverted assertion that petitioner's counsel agreed to file a third amended petition, in conjunction with the lack of filed opposition to the demurrer, as a tacit ad...
2021.09.03 Motion to Compel Responses 221
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.09.03
Excerpt: ... voluntarily comply with the aforementioned discovery requests.” (Notice of Motion at 1:24‐2:7.) Plaintiffs concede that they have failed to timely produce responses to the subject discovery requests. (See Opposition at 2:8‐14.) Plaintiffs therefore do not oppose the present motion. (See Id. at 2:8‐9.) The Court finds good cause for issuing an order compelling Plaintiffs to produce responses to Defendant's Form Interrogatories Sets One, S...
2021.09.03 Demurrer 843
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.09.03
Excerpt: ...intiff's Complaint on the ground that it fails to state facts sufficient to constitute a cause of action against any of them for Fraudulent Conveyance. (See id. at 2:6‐7.) Defendants first argue that all three causes of action fail as to Defendant Laughlin Trust because a trust cannot be sued. This is true for “an express trust [that is] merely a relationship by which one person or entity holds property for the benefit of some other person or...
2021.08.20 Motion for Leave to File Amended Complaint and Substitute New Class Reps 460
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.08.20
Excerpt: ...n and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of motion.” (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, quoting Tate v. Super. Ct. (1975) 45 Cal.App.3d 925, 930.) “This rule applies even when no notice was given at all.” (Ibid.) The Notice of Motion asserts that Plaintiffs move, pursuant to Code of Civil Procedure sections 473, subdivision (a)(1) and 382, for leave to ...
2021.08.13 Motion for Attorney Fees 132
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.08.13
Excerpt: ...ly to have evidentiary support and/or contained denials of contentions that are not warranted based on the evidence.1 Plaintiff also moves for an award of sanctions against Defendant's counsel Ashley Gonzalez, pursuant to Section 128.7, on the same asserted grounds. As to Plaintiff's request pursuant to section 426.16, “[i]f the court finds that a special motion to strike [brought pursuant to this section] is frivolous or is solely intended to ...
2021.08.06 Motion to Sever Trial of Complaint from Interpleader Complaint, for Trial Preference 212
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.08.06
Excerpt: ...ocedure Section 1048 governs severance of trial based on causes of action.1 “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross‐complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the...
2021.08.06 Petition for Writ of Mandate 275
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.08.06
Excerpt: ...gal non‐ conforming use; [and] (b) direct the [Board] to grant the appeal on the grounds that the Angels Gun Club's activities on [the subject parcels of real property] have expanded and [therefore] no longer constitute a legal non‐conforming use….” (Second Amended Petition (SAP) at 8:22‐27.) “Administrative mandamus under section 1094.5 is appropriate to inquire ‘into the validity of any final administrative order or decision made ...
2021.07.30 Motion for Leave to Amend FAC 119
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.30
Excerpt: ...int (Proposed SAC). “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any term...
2021.07.23 Motion to Compel Arbitration and Stay Further Proceedings 384
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.23
Excerpt: ...the written agreement at issue in the litigation contains a mandatory arbitration provision for which no exception applies. California law strongly favors arbitration. (Prima Donna Development Corp. v. Wells Fargo Bank, N.A. (2019) 42 Cal.App.5th 22, 35 (Prima Donna).) A proceeding to compel arbitration is, in essence, a suit in equity to compel specific performance of a contract. (California Teachers Assn. v. Governing Bd. (1984) 161 Cal.App.3d ...
2021.07.23 Demurrer 365
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.23
Excerpt: ...Civil Procedure section 430.10 (a), on the grounds that the action is moot. A party may demurrer to a CCP 1085 petition for writ of mandate (CCP §1089.) In ruling on a demurrer, the Court must accept as true all allegations of fact contained in the petition. (Sheehan v. San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998.) The Court must also accept as true facts that may be inferred from those expressly alleged. (Cundiff v. GTE Cal., Inc. (200...
2021.07.02 Motion to Compel Further Responses 844
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.02
Excerpt: ...oud moves, pursuant to Code of Civil Procedure sections 2030.300, 2031.310, and 2031.320, for an ordering requiring Defendant Victor Vieira to: (1) provide further, complete, verified, objection‐free responses to Form Interrogatories Nos. 7.1 through 7.3; (2) provide further, complete, verified, objectionfree responses to Special Interrogatories Nos. 1 and 15; and (3) provide further, complete, verified objection‐ free responses and documents...
2021.07.02 Motion for Summary Judgment, Adjudication, to Compel Deposition of PMQ 976
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.02
Excerpt: ...itations on discovery conducted by Plaintiff. Specifically, “Defendant requests the Court issue a protective order limiting questioning to a maximum of four hours, directing Plaintiff's counsel to prioritize areas of inquiry needed to oppose [Defendant's pending Motion for Summary Judgment], and limiting the questioning to the valid topics of inquiry not previously covered in the first day of PMQ deposition. (See Motion at 2:7‐11.) Defendant ...
2021.07.02 Demurrer 171
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.02
Excerpt: ...n. Respondent further demurs to the “purported claim for relief for breach of the Brown Act…on the ground that it fails to state facts sufficient to constitute a cause of action, in that Petitioner's claim is not timely and fails to allege facts constituting a breach of the Brown Act's statutory provisions.” (See Demurrer at 2:21‐24.) A party may demurrer to a petition, brought under Code of Civil Procedure section 1085, for writ of manda...
2021.06.25 Demurrer 668
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.06.25
Excerpt: ...at the Court will not enforce such a contract. (See id. at 2:24‐28.) A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1).) Where it does not, the party against whom the complaint has been filed may object by demurrer. (See id. At §430.10, subd. (e).) A demurrer is treated as “admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or la...
2021.06.18 Motion to Recover Costs 474
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.06.18
Excerpt: ...lleged in the Petition for Inspection and Abatement Warrant (Petition). City fails to identify any authority by which this Court may make such an order. The Court agrees with City's assertion that Government Code section 38773.5 authorizes City to adopt an ordinance establishing “a procedure for the abatement of a nuisance and make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel.” (Gov. Code,...
2021.06.04 Motion to Set Aside Entry of Default 905
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.06.04
Excerpt: ...r. Peters so moves on the grounds that the default was entered as a result of his mistake of fact and/or excusable neglect. No opposition appears in the Court's file. The Court finds from the evidence presented that Mr. Peters was under a good faith belief that he had timely filed a pleading in response to the Complaint. (See Peters' Declaration at ¶¶ 5 6.) The Court had ordered this pleading stricken, as to Mr. Peters only, based on Mr. Peters...
2021.06.04 Motion to Compel Further Responses 365
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.06.04
Excerpt: ...d 88. The motion is GRANTED. Plaintiffs' request for sanction is DENIED. A. General Discussion “In the…context of a request to produce documents, a party who seeks to compel production must show ‘good cause' for the request (§ 2031, subd. (l)) – but where…there is no privilege issue or claim of attorney work product, that burden is met simply by a fact‐specific showing of relevance.” (Glenfed Development Corp. v. Super. Ct. (1997) ...
2021.05.21 Motion for Summary Judgment, Adjudication 909
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.05.21
Excerpt: ...�defendant Hanford has not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐ deficient motion. Based solely upon cross‐defendant Hanford's failure to comply with Local Rule 3.3.7, the motion is DENIED without prejudice...
2021.05.21 Motion for Judgment on the Pleadings, to Dismiss 112
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.05.21
Excerpt: ...dmitted he was issued the subject credit card, he was to repay the principal amount and finance charges, he received monthly statements, and he does not dispute the amount owed. Defendant filed this motion on March 25, 2021. Plaintiff's Request for Judicial Notice was GRANTED as to Exhibits 1 and 2 pursuant to Evidence Code section 452(d) on March 29, 2021. As this is a debt collection case in which plaintiff provided sufficient evidence as to th...

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