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2020.07.08 Motion for Leave to Conduct Additional Physical Exams 794
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.07.08
Excerpt: ...head, neck and spine by Dr. Tabaraee, M.D. in Manteca which is 67 miles from Fairfield. Defense shall provide Plaintiff with 3 proposed dates for examination. Plaintiff shall select 1 date among the 3 proposed dates. The examination will be conducted and completed on one day between the hours of 9 and 5 and limited to 4 hours in duration. Plaintiff shall undergo a mental examination related to his claims of short‐term memory loss, difficulty co...
2020.07.08 Demurrer 163
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.07.08
Excerpt: ...bilitation (“CDCR”) staff that allegedly mistreated Plaintiff. Government Code section 820.8 reads: “Except as otherwise provided by statute, a public employee is not liable for an injury caused by the act or omission of another person. Nothing in this section exonerates a public employee from liability for injury proximately caused by his own negligent or wrongful act or omission.” Plaintiff's allegations against DIAZ are that DIAZ had �...
2020.07.07 Motion to Strike 076
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.07.07
Excerpt: ...ential to the statement of a claim or defense or not pertinent to or supported by an otherwise sufficient claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc. § 431.10.) Punitive Damages. Civil Code section 3294, subdivision (a) provides that punitive damages are only available in actions not arising from breach of contract if is “proven by clear and convincing evidence that the defendant has been guilty o...
2020.07.02 Motion for Judgment on the Pleadings 157
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.07.02
Excerpt: ... firm acting as escrow agent that completed transaction despite instructions from seller to terminate sale].) In this case, Plaintiff alleges that the foreclosure sale was completed May 1, 2018, that Defendant had duty to disburse surplus funds by June 8, 2018 and that, despite no other claimants to the surplus funds, Defendant maintained control of the funds and attempted to condition release of the funds upon dismissal of a suit Page 2 of 3 for...
2020.06.30 Demurrer 368
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.06.30
Excerpt: ...nded. In FCS053677, Plaintiff alleges physical injury due to “excessive force.” On April 29, 2020, the parties appeared via Zoom in FCS053677 for a case management conference one hearing. The parties agreed the cases are related. Based upon that agreement, the court orders the cases to be related. To date, no motion or stipulation has been received by the Court to consolidate the two actions. Parties to appear to address consolidation of the ...
2020.06.25 Motion for Summary Judgment, Adjudication 725
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.06.25
Excerpt: ...as a matter of law. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.App.4th 826, 850) Despite this court's prior ruling that “Defendant Forsythe owed [Plaintiffs] a duty not to create an unreasonable risk of injury to them and breached that duty by informing Defendant Snyder he would look the other way if Snyder drove over Plaintiffs' signs” (Minute Order (2/26/20)), a duty that is not based on the duties of an owner of real property owed to inv...
2020.06.18 Motion for Summary Judgment 552
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.06.18
Excerpt: ...entire Declaration of Rob Reiter generally and to his various assertions of JPMC's negligence particularly. The court declines to rule on these objections to evidence as it deems them not material to disposition of the motion for summary judgment, as discussed below. (Code Civ. Proc. § 437c, subd. (q).) Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of action. (C...
2020.06.12 Motion for Summary Judgment 774
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.06.12
Excerpt: ...th 1228, 1238; DeLeon v. Verizon Wireless, LLC (2012) 207 Cal.App.4th 800, 812.) Defendant concedes that he “did reside in the property for about two years”. (Decl. of Aaron Nguyen, ¶ 3.) And, regardless of whether Defendant can be held liable for breach of the lease agreement, the facts alleged in the complaint give adequate notice that Defendant may be held liable for intentionally or negligently causing damage to real property owned by Pl...
2020.06.09 Motion to Compel Further Responses 213
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.06.09
Excerpt: ...nesses and governmental agencies. However, these discovery issues arose prior to declaration of a state of emergency or imposition of shelter in place orders and the discovery has been pending since August 2019. In addition to the multiple extensions, the court also considered Defendant's delay in responding to Plaintiff's December 2, 2019 meet and confer letter and the contents of Defendant's February 12, 2020 meet and confer letter. A. Motion t...
2020.06.04 Demurrer, Motion to Strike 945
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.06.04
Excerpt: ... 2, Unlabeled “Exhibit 2”; Decl. of Jones, Exh. B.) Page 2 of 3 These causes of action are all based on duties arising out of Defendant's attorney‐client relationship with Decedent. (Complaint, ¶¶ 23‐63, 76‐80.) Plaintiff does not have standing to commence these causes of action, which survive the death of Decedent. (Code Civ. Proc. § 377.20(a).) A cause of action that survives the death of the person entitled to commence an action �...
2020.06.04 Demurrer, Motion to Compel Further Responses, to Compel Deposition 923
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.06.04
Excerpt: ...ed for Taylor Venegas and one pro per cannot be represented by another pro per. Further, from the Court's review of the file, it appears that Erika Venegas has executed numerous documents which appear to take action on behalf of Taylor Venegas or may have signed pleadings on behalf of Taylor Venegas. 2. Confirmation of the status of parties' appearance in this suit. Plaintiff Erika Venegas filed dismissals of previously named Defendants. Taylor V...
2020.05.26 Demurrer 806
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.05.26
Excerpt: ...rtaining to the foreclosure sale at issue in this case and Plaintiff's Chapter 7 bankruptcy. Page 5 of 6 The court takes judicial notice of the existence and legal significance of the recorded documents as facts that cannot be reasonably controverted. (Ev. Code § 452, subds. (c), (h); Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.) The court takes judicial notice of the bankruptcy court documents as r...
2020.05.26 Motion for Judgment on the Pleadings 065
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.05.26
Excerpt: ...ed causes of action. Judicial Notice. The court may properly accept facts it may judicially notice or that cannot reasonably be controverted when ruling on a motion for judgment on the pleadings. (Columbia Casualty Co. v. Northwestern Nat. Ins. Co. (1991) 231 Cal.App.3d 457, 468.) Defendants request judicial notice of the first amended complaint (“FAC”) and the lease agreement between them, Rickie Welch, and Bobby Welch, II. The court decline...
2020.05.19 Motion for Judgment on the Pleadings 085
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.05.19
Excerpt: ...umption of those beverages. (Civ. Code § 1714(c).) The sole exception to this general rule of nonliability is when a “parent, guardian, or another adult … knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age”. (Civ. Code § 1714(d); Rybicki v. Carlson (2013) 216 Cal.App.4th 758, 764.) The term “furnish” requires an affirmative act to “to su...
2020.05.15 Demurrer 655
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.05.15
Excerpt: ...ect is capable of cure and public policy favors great liberality in permitting amendment. (Aubry v. Tri‐City Hospital District (1992) 2 Cal.4th 962, 970‐ 971; Vaccaro v. Kaiman (1998) 63 Cal.App.4th 761, 768.) Plaintiff has made a plausible case that it can plead sufficient facts to establish HOISETH's potential liability. HOISETH's demurrer is sustained in its entirety with leave to amend. Plaintiff shall have thirty days from the date of he...
2020.05.13 Motion for Determination of Good Faith Settlement 899
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.05.13
Excerpt: ...Saverio E. Demitri.) The factors to be taken into account in the determination of whether a settlement is in "good faith" include a rough approximation of the plaintiff's total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among the plaintiffs, and a recognition that a settlor should pay less in settlement than if found liable after a trial. (Tech‐Bilt, Inc. v. Woodward�...
2020.05.08 Motion for Summary Judgment 774
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.05.08
Excerpt: ...DeLeon v. Verizon Wireless, LLC (2012) 207 Cal.App.4th 800, 812.) Defendant concedes that he “did reside in the property for about two years”. (Decl. of Aaron Nguyen, ¶ 3.) Plaintiff alleges that each Defendant is the agent, employee, member, partner, principal, director, officer, heir, representative and/or joint venturer of the other. (Complaint, ¶ 5.) The undisputed evidence presented by Plaintiff supports this allegation. And, regardles...
2020.05.07 Motion to Strike 406
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.05.07
Excerpt: ...g, upon a motion or in its discretion. Irrelevant matters are those not essential to the statement of a claim or defense or not pertinent to or supported by an otherwise sufficient claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc. § 431.10.) Punitive Damages. Civil Code section 3294, subdivision (a) provides that punitive damages are only available in actions not arising from breach of contract if is “p...
2020.05.07 Motion for Summary Judgment 899
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.05.07
Excerpt: ...issue of material fact on that element or defense. C.C.P. §437c(p)(2). The elements of a cause of action for negligence are duty, breach, causation and damages. Thomas v. Stenberg (2012) 206 Cal.App.4th 654, 662. In general, an action or inaction by a defendant must be a proximate or legal cause of the plaintiff's injury, in order for the defendant to be held liable. Valdez v. J.D. Diffenbaugh Co. (1975) 51 Cal.App.3d 494, 509. Courts apply a �...
2020.05.06 Demurrer 016
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.05.06
Excerpt: ...(Code Civ. Proc. § 338(d).) Causes of action for breach of an oral agreement must be commenced within two years. (Code Civ. Proc. § 339(1).) The applicable statute of limitations for a cause of action for declaratory relief depends on the right or obligation sought to be enforced and is the same as would apply to actions for damages or injunction. (Howard Jarvis Taxpayers Ass'n v. City of La Habra (2001) 25 Cal.4th 809, 821; Ginsberg v. Gamson ...
2020.05.05 Demurrer 293
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.05.05
Excerpt: ...aintiff's complaint identifies causes of action against the State for negligence, intentional tort and professional malpractice. (Complaint, par. 10.) On the face of the complaint, Plaintiff also checked the box “other” and typed in the words “wrongful assement [sic].” Other than attaching letters from 2018 regarding a 2014 tax assessment, Plaintiff makes no factual allegations at all. Significantly, Plaintiff does not allege compliance w...
2020.05.05 Application for Writ of Possession 457
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.05.05
Excerpt: ...de Civ. Proc. § 512.060(a).) Because Defendant has no interest in the property, the requirement of Plaintiff's undertaking is waived. (Code Civ. Proc. § 515.010(b).) Should Defendant wish to prevent Plaintiff from taking possession of the property, it may file with the court an undertaking in the amount of $11,345.51 to cover potential costs and damages that may be sustained as a result of Plaintiff's failure to gain possession. (Code Civ. Proc...
2020.04.29 Demurrer, Motion to Strike 749
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.04.29
Excerpt: ...vil Procedure section 430.30, subdivision (a). Defendants request judicial notice of Deed of Trust 200500094746, recorded in Solano County on June 27, 2005, Substitution of Trustee 201800020648, recorded in Solano County on March 26, 2018, and Notice of Default 201800022079, recorded in Solano County on March 18, 2018. The court takes judicial notice of the existence and legal significance of these recorded documents as facts that cannot be reaso...
2020.04.24 Motion to Enforce Settlement Agreement 597
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.04.24
Excerpt: ...nts, and bank statements. Plaintiff has failed to produce any such documents or state that any such documents do not exist. As to number 30, Plaintiff must state what documents, if any, she submitted to Medi- Cal. If no other documents aside from profit and loss statements were ever provided to Medi-Cal, Plaintiff must so state. Plaintiff shall provide such responses and responsive documents, without objections, by May 4, 2020. Defendants are awa...
2020.04.24 Demurrer, Motion to Compel Further Responses, to Compel Deposition 923
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.04.24
Excerpt: ...vantaged due to the court's prior notice of continuation, including the failure to file any necessary pleading during the period of emergency operations, in the event the parties are unable to appear, the hearing is continued to June 4, 2020. The court will provide notice and will repost its tentative ruling on June 3, 2020. Due to the length of this tentative ruling and the number of matters to be heard, a separate Zoom appointment will be email...
2020.04.21 Petition for Approval of Minor's Compromise 193
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.04.21
Excerpt: ... this judgment since 2010 when his wages were first garnished. Defendant was also on notice of the 2018 renewal of the judgment. Defendant fails to explain the unreasonable delay in seeking relief from the default. Due to the COVID‐19 emergency and orders to shelter in place, the court previously announced the intent to continue all civil matters through May 1, 2020. To ensure that no party has been disadvantaged due to this prior notice of con...
2020.04.21 Motion to Set Aside Default Judgment 197
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.04.21
Excerpt: ... this judgment since 2010 when his wages were first garnished. Defendant was also on notice of the 2018 renewal of the judgment. Defendant fails to explain the unreasonable delay in seeking relief from the default. Due to the COVID‐19 emergency and orders to shelter in place, the court previously announced the intent to continue all civil matters through May 1, 2020. To ensure that no party has been disadvantaged due to this prior notice of con...
2020.03.19 Motion to Compel Compliance with Discovery Order 849
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.03.19
Excerpt: ... due by July 18, 2018. No responses were served and no extension was requested. On August 30, 2018, Defendant's counsel sent a meet‐and‐confer letter to Plaintiff's counsel requesting responses within 5 days. Again, no responses were served and no extension was requested. On March 12, 2019, Defendant's counsel sent correspondence to Plaintiff's counsel, again seeking responses to discovery requests. On March 20, 2019, Defendant's counsel forw...
2020.03.19 Demurrer 448
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.03.19
Excerpt: ... 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 or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff's claim. (Doheny Park Te...
2020.03.17 Demurrer 277
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.03.17
Excerpt: ... in which she could cure this defect, the court provided Plaintiff with an opportunity to amend to specifically plead facts as to why the action is not barred by the statute of limitations. (Mills v. Forestex Co. (2003) 108 Cal.App.4th 625, 641.) Plaintiff's FAC adds two paragraphs of allegations to address why her case is not time‐barred. Plaintiff alleges that: 1) Defendant requested information on the incident, notified Plaintiff that the ma...
2020.03.13 Motion for Leave to File Amended Complaint, Relief from Stay 967
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.03.13
Excerpt: ...filed in Solano County Superior Court on June 6, 2018, on behalf of Plaintiff JILLIAN WILSON in connection with medical care and treatment she received from Defendants KAISER FOUNDATION HOSPITALS et al. (collectively “KAISER”). At the time the suit was filed, an arbitration had already been initiated by Plaintiff on her claims of professional negligence or medical malpractice following submission of Plaintiff's written demand for arbitration ...
2020.03.12 Demurrer 581
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.03.12
Excerpt: ... for the conduct of Defendant Heinemeyer. (See, Complaint, ¶¶ 4, 17‐20.) Consequently, Plaintiff was required to comply with the claims presentation requirements of the Tort Claims Act by pursuing written claims with the respective employing public entities for these public employees. (Gov. Code §§ 950.2, 950.6(a); Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 374; People ex rel. Harris v. Rizzo (2013) 214 Cal.App.4th 921, 939; Julia...
2020.03.11 Demurrer, Motion to Strike 841
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.03.11
Excerpt: ...fer Receipt for this case, and the fact that HORNE is a marriage and family therapist licensed by the California Board of Behavioral Sciences with license number 46660. The court does not need to take judicial notice of the two documents because they are already part of the record of this action. The court takes judicial notice of the fact of HORNE's license from a state licensing board as an official act of the executive department of the state ...
2020.03.10 Demurrer 357
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.03.10
Excerpt: ...s the causes of action for “all defendants” which involve different contracts with different defendants and different alleged forms of breaches into a single cause of action for breach of contract. By incorporating by reference, using generic terms, and by failing to allege with specificity, Plaintiff's complaint is unnecessarily difficult to follow. However, a special demurrer for uncertainty is not intended to reach the failure to incorpora...
2020.03.04 Motion fo Relief from Discovery, OSC Re Contempt, for Financial Discovery 315
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.03.04
Excerpt: ...rder or for the renewal of a previous motion may be considered by any judge or court unless it is made according to this section”]. To renew a motion such as the earlier motion filed here by Defendant seeking relief from Judge Daniels' May order deeming admissions admitted, a party must file a motion per C.C.P. §1008(b), which sets forth new or different facts, circumstances or law that would justify a different result, and which identifies th...
2020.02.27 Motion for Summary Judgment, Adjudication 619
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.02.27
Excerpt: ...use of action); failure to accommodate disability (5th cause of action); failure to engage in the interactive process (6th cause of action); retaliation (7th cause of action); and failure to prevent discrimination and retaliation in the workplace (8th cause of action). Because California's FEHA law is modeled on federal law (Title VII), California courts consider federal Title VII cases when applying FEHA, in discrimination and retaliation claims...
2020.02.27 Motion for Summary Judgment, Adjudication 344
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.02.27
Excerpt: ...37c(p)(2); Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264, 274.) The undisputed material facts presented by Defendant fail to establish that the speed bump was not a dangerous condition on the property. That Plaintiff Michael Midkiff did not personally observe any liquid or other substance on the speed bump at the time of the accident does not establish that there were no substances or that the speed bump did not otherwise present a...
2020.02.26 Demurrer, Motion to Strike 725
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.02.26
Excerpt: ...nce, fourth cause of action for violation of the Ralph Act, and fifth cause of action for violation of the Bane Act are overruled. Plaintiffs have adequately alleged facts establishing that Defendant Forsythe owed them a duty not to create an unreasonable risk of injury to them and breached that duty by informing Defendant Snyder he would look the other way if Snyder drove over Plaintiffs' signs. (See, Lugtu v. Cal. Highway Patrol (2001) 26 Cal.4...
2020.02.26 Motion to Strike or Tax Costs 540
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.02.26
Excerpt: ...ranted. Defendant's claimed costs for subpoenas for medical, long term care, and school records are an “investigation expense” that cannot be shifted. (Code of Civ. Proc. § 1033.5, subd. (b)(2).) Plaintiffs motion to tax costs for filing fees and courier service is granted and denied. As the prevailing party, Defendant is entitled to recover filing fees. However, the numbers cited by Defendant are inconsistent with the schedule of filing fee...
2020.02.20 Motion to Stay Action 454
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.02.20
Excerpt: ... covering the same subject matter as is involved in a California action, the California court has the discretion but not the obligation to stay the state court action. (Farmland Irrigation Co. v. Dopplmaier (1957) 48 Cal.2d 208, 215.) In exercising its discretion the court should consider the importance of discouraging multiple litigation designed solely to harass an adverse party and avoiding unseemly conflicts with courts of other jurisdictions...
2020.02.20 Motion to be Relieved from Deemed Admissions, to Set Aside Default Judgment 567
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.02.20
Excerpt: ...n made in response to a request for admission if it obtains leave of court, which is only to be granted if the court determines that the admission was the result of mistake, inadvertence, or excusable neglect and the party that obtained the admission will not be substantially prejudiced. This provision applies to allow withdrawal of admissions that were deemed admitted as a penalty for failure to respond to propounded discovery. (Wilcox v. Birtwh...
2020.02.20 Motion for Leave to File Amended Answer 567
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.02.20
Excerpt: ...eatedly restated policy encourages liberality in allowing amendment. (See Frost v. Witter (1901) 132 Cal. 421, 424; Cardenas v. Ellston (1968) 259 Cal.App.2d 232; Kolani v. Gluska (1998) 64 Cal.App.4th 402, 412.) It is an abuse of discretion to deny amendment where amendment does not prejudice the opposing party. (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.) DARREN asks to replace his form answer denying each of Plain...
2020.02.19 Motion to Strike 621
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.02.19
Excerpt: ...tive damages requires both a showing that the defendant acted with a willful and conscious disregard of the rights or safety of others and that the conduct was despicable. (Civ. Code § 3294, subds. (a), (c)(1); Johnson & Johnson Talcum Powder Cases (2019) 37 Cal.App.5th 292, 332; Butte Fire Cases (2018) 24 Cal.App.5th 1150, 1161; Lackner v. North (2006) 135 Cal.App.4th 1188, 1211.) Conscious disregard is a “highly culpable state of mind” tha...
2020.02.19 Motion for Judgment on the Pleadings 038
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.02.19
Excerpt: ...rer: whether a party is entitled to judgment as a matter of law. (Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205.) In considering such a motion the court may properly accept facts it may judicially notice or that cannot reasonably be controverted. (Columbia Casualty Co. v. Northwestern Nat. Ins. Co. (1991) 231 Cal.App.3d 457, 468.) “The motion normally lies only for defects fully disclosed on the face of the pleading under attac...
2020.02.07 Motion to Set Aside Default, Demurrer 107
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.02.07
Excerpt: ... not taken further action to perfect notice to the court of any stay triggered by a bankruptcy. On October 15, 2019, Defendant represented to the court that Plaintiff had filed for bankruptcy on October 11, 2019, and therefore this suit was stayed. No evidence had been presented to the court of any bankruptcy filing. Plaintiff acknowledges filing for bankruptcy, but represents that that bankruptcy filing was dismissed December 12, 2019, and that ...
2020.02.07 Motion for Judgment on the Pleadings 549
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.02.07
Excerpt: ... summary judgment” filed on February 22, 2019 in case number 2:17‐cv‐01313‐WBS‐DB, provided as Exhibit A of Defendant's request for judicial notice. In the federal action filed by Plaintiff against Defendant, the district court granted summary judgment in favor of Defendant. (RJN, Exh. A, p. 15.) In making this determination, the district court concluded that Defendant Tan arrested Plaintiff “pursuant to a reasonable belief that there...
2020.02.06 Motion for Reconsideration 841
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.02.06
Excerpt: ...me Sav. Of Am. (1997) 59 Cal.App.4th 1192, 1199; Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689‐690.) Defendant Horne is awarded a monetary sanction against Plaintiff in the amount of $525 for reasonable attorneys' fees incurred in opposing this motion. A motion for reconsideration of a discovery order is subject to sanction for misuse of the discovery process. (Mattco Forge v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1440‐1441.) Defe...
2020.02.05 Demurrer 119
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.02.05
Excerpt: ...EW's (“JOE”) demurrers to Plaintiff's earlier action on these facts. The court takes judicial notice of this document as a record of a court of this state. (Ev. Code § 452, subd. (d).) Fifth Cause of Action: Interference with Contractual Relations. The elements of a cause of action for intentional interference with contractual relations are: (1) a contractual relationship between a plaintiff and a third party, (2) defendant's knowledge of th...
2020.02.04 Motion to Amend Complaint 739
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.02.04
Excerpt: ...tober 25, 2019. The motion was filed November 15, 2019. The motion should have been finalized at the conclusion of the submission of evidence and/or raised prior to the court taking this matter under submission effective October 25, 2019. Second, Plaintiff did not disclose this claimed injury, damages or theory of recovery through discovery. Although the city was aware of the code enforcement citation that was apparently produced through discover...
2020.01.31 Demurrer 224
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.01.31
Excerpt: ...to the Complaint based largely on the same arguments, but provided Plaintiff the opportunity to amend. In the interim, Plaintiff filed and served a First Amended Complaint, but after meeting and conferring with Defendants about alleged defects, voluntarily filed and served a Second Amended Complaint. Given the significant delay and many opportunities to amend, where the previously identified defects are repeated without correction, no further lea...

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