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2021.02.16 Demurrer 515
Location: Merced
Judge: Salter, Timothy W
Hearing Date: 2021.02.16
Excerpt: ...at a court must conduct when addressing a claim that a civil matter is Yount‐barred as follows: Heck [v. Humphrey (1994) 512 U.S. 477, [114 S.Ct. 2364, 129 L.Ed.2d 383] (“Heck”)] bars a section 1983 claim if it is inconsistent with a prior criminal conviction or sentence arising out of the same facts, unless the conviction or sentence has been subsequently resolved in the plaintiff's favor. (Id. at pp. 486–487, 114 S.Ct. 2364.) In essence...
2021.01.11 Demurrer 515
Location: Merced
Judge: Salter, Timothy W
Hearing Date: 2021.01.11
Excerpt: ...akes bare allegations that are not supported by the facts or evidence in this case” (May 13, 2020 Order of Denial at Page 2:23‐25), and (2) the August 26, 2020 Ruling on Informal Request for Issuance of a Subpoena For Evidence Supporting Petition for Writ of Habeas Corpus are judicial acts to which Judge Jeanne Schechter is entitled to absolute judicial immunity. Accordingly, the demurrer must be SUSTAINED on that grounds alone. Furthermore, ...
2019.4.22 Motion to Compel Further Responses 953
Location: Merced
Judge: Salter, Timothy W
Hearing Date: 2019.4.22
Excerpt: ...rney's impressions, conclusions, opinions, or legal research or theories.” (§ 2018.030, subd. (a).) All other work product receives qualified protection; such material “is not discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing that party's claim or defense or will result in an injustice.” (§ 2018.030, subd. (b).) Coito v. Superior Court (2012) 54 Cal.4...

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