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1371 Results

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2023.02.22 Application for Writ of Possession 462
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.02.22
Excerpt: ... composed of accounts receivable in the sum of $703,938. Plaintiffs also seek to levy Defendant's bank accounts. Defendant's accounts receivable and bank accounts are not subject to a writ of possession. An application for a writ of possession “shall include a particular description of the property and a statement of its value”. (Code of Civil Procedure § 512.010). The Court finds that some items sought to be levied against are not listed wi...
2023.02.15 Motion to Compel Arbitration 453
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.02.15
Excerpt: ... regardless of the inclusion of a delegation clause in the subject agreement, these types of foundational issues must be determined by the Court. (Bruni v. Didion (2008) 160 Cal.App.4 th 1272, 1285.) The Court finds that Defendant has failed to meet its burden of establishing the existence of a valid arbitration agreement in this instance, based on the fact that none of the purported evidence submitted by the defense has been properly authenticat...
2023.02.15 Motion for Summary Judgment, Adjudication 165
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.02.15
Excerpt: ...o the issues of whether Defendants breached their duty to provide Plaintiff with safe premises and whether Defendants' actions substantially contributed to Plaintiff's injuries. (See, at a minimum, Plaintiff's Additional Facts 72-77.) Plaintiff's objection to Exhibit E to Defendants' moving evidence (excerpts from Plaintiff's medical records) is SUSTAINED on the grounds stated. Plaintiff's objection to the Declaration of Anita Benjamin in support...
2023.02.15 Motion for Summary Adjudication, Petition to Remove Successor Trustee 134
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.02.15
Excerpt: ...eks summary adjudication as to the following issues: 1. Petitioners' claim that Mr. Fischer has not filed the accounting as ordered by the Court; 2. Petitioners' claim that Mr. Fischer has not complied with the March 3, 2020 Order appointing him as successor trustee and has not filed any response to the Motion to Tax Costs; 3. Petitioners' claim that Mr. Fischer, in spite of having acknowledged service as a defendant in Case No. PR-19-000546, has...
2023.02.15 Motion for Preliminary Approval of Class Action Settlement 633
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.02.15
Excerpt: ...2 of the joint stipulation says that “Within thirty (20) [sic] calendar days after preliminary approval,” Defendant shall provide the names of class members to the settlement admistrator. Counsel also stipulates to mailing the Class Notice within 30 days of preliminary approval. I prefer to honor the parties accelerated schedule but I am uncertain as to how to effectuate this. The Court intends to find good cause to certify the class for sett...
2023.02.10 Motion to Compel Responses, for Sanctions 880
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.02.10
Excerpt: ...well Shaw & Garcia, jointly and severally; b) Defendants' Motion to Compel Plaintiff's Responses to Supplemental Request for Production of Documents, Set One, Request for Sanctions – is GRANTED as to the request to compel production, and GRANTED IN PART as to the request for sanctions. Plaintiff Alicia Espinoza Hernandez is ordered to serve defense counsel with verified responses with no objections, and copies of the requested documents, by no ...
2023.02.10 Motion to be Relieved as Counsel 492
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.02.10
Excerpt: ...s ordered to appear and show that, as ordered by the Court on January 31, 2023, he gave notice of this continued hearing. Also, Mr. Bravo is ordered to explain the status of plaintiff Avishak Davoud, as to whom Mr. Bravo has not moved to be relieved as counsel. The court admonishes counsel and the parties to refrain from making unnecessary derogatory and inflammatory comments about each other and possible witnesses. Motions to be Relieved as Coun...
2023.02.10 Motion for Summary Judgment 660
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.02.10
Excerpt: ...make it easier to seek forgiveness than permission. 3. The Court notes it is tentatively unsympathetic to Defendant's argument as to the depositions of Robertson and Starr, as these appear to have been delayed not through the fault of Plaintiff. I will hear argument as to the objections to these depositions and the others. 4. There is a substantive alteration in the Dunlap declaration as to the hazard of the curve. Should the court consider this?...
2023.02.10 Motion for Relief by Setting Aside Order After Trial 299
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.02.10
Excerpt: ... attorney affidavit of fault and finds counsel's acceptance of blame to be laudatory. That said, as a matter of law, the mandatory provisions of the relief statute only apply, based on the plain meaning of the text, to defaults (including default judgments) or dismissals and their procedural equivalents. (Vandermoon v. Sanwong (2006) 142 Cal.App.4th 315, 321. The Court is sympathetic to counsel's problems, but is puzzled as to two things: 1. The ...
2023.02.08 Motion for Preliminary Approval of Class Action Settlement 621
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.02.08
Excerpt: ...settlement includes attorney fees of $93,333.34, costs of $25,000.00, a class representative enhancement of $20,000.00 for the named plaintiff, administrative fees of $7,000.00 and $10,000.00 in PAGA penalty fees of which $7,500.00 goes to the LWDA. The Court has reviewed the declarations in this case and finds the proposed settlement is within the range of reasonableness and deemed to be presumptively valid, subject to any objections that may be...
2023.02.07 Motion to Set Trial 212
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.02.07
Excerpt: ...to trial is suspended, with the result that less than six months remains of the five-year period when the suspension ends, the action shall not be dismissed if the action is brought to trial within six months after the end of the suspension period. At the time the appeals were filed on September 17, 2020, the five-year deadline was set to expire on October 22, 2020, just over a month later. The remittiturs were issued on December 20, 2022, which ...
2023.02.07 Motion to Compel Arbitration and Stay Action 099
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.02.07
Excerpt: ...the 9th Circuit case Ngo v. BMW (2022) 23 F.4th 942 without taking judicial notice. The Court sustains the objections to the declaration of Aaron Cohen in their entirety. Further, the Court seriously considered sanctioning Plaintiff's counsel for their efforts to put before this court the unpublished rulings from other trial courts in violation of Rule of Court 8.1115. (See TBG Ins. Service Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 447, ...
2023.02.02 Motion to Compel Arbitration and Stay Action 912
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.02.02
Excerpt: ...can compel arbitration as a third‐party beneficiary of the Sales Contract under the doctrine of equitable estoppel, pursuant to which a nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are intimately founded in and intertwined with the underlying contract obligations. Felisilda v. FCA U.S. LLC (2020) 53 Cal. App. 5th 486, 495. In Fe...
2023.01.31 Motion to be Relieved as Counsel 492
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.31
Excerpt: ...relieved as counsel. Motions to be Relieved as Counsel are governed by Rule of Court 3.1362. Plaintiffs' counsel has complied with all the requirements of this Rule. Plaintiffs' counsel has filed the completed mandatory judicial council forms for a Notice of Motion and Declaration, and has submitted a Proposed Order. Plaintiff's counsel has confirmed plaintiffs' address within the past 30 days by conversation and has timely served plaintiffs at t...
2023.01.31 Motion for Protective Order to Exclude Expert Testimony 626
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.01.31
Excerpt: ...ties as a going concern are all issues that are only relevant under Corporations Code 2000. The Court further finds that to date, Defendants have not invoked their right to purchase Plaintiff's shares under said Corporations Code thereby rendering any expert witness testimony relating to the fair value/valuation of the Stuart and Jasper Orchards properties or of the possibility of selling off the Stuart and Jasper Orchards properties as a going c...
2023.01.26 Motion for Summary Judgment, Adjudication 647
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.01.26
Excerpt: ...law enforcement officers who crashed in their police cruiser. Plaintiffs generally contend that the crash occurred because the cruiser was designed in such a way as to permit carbon monoxide to seep into the cabin, rendering both of them unable to avoid the fatal crash. Defendants counter that there is no defect with the subject cruiser, and even if there was, carbon monoxide was not a legal cause of crash. Defendants' motion for summary adjudica...
2023.01.25 Motion to Consolidate Actions 861
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.01.25
Excerpt: ...o be a non‐jury issue to be determined by the Court while monetary issues could be determined by a jury. (See: Darbun Industries v. San Fernando Community Hospital (2015) 239 Cal.App.4th 399.) This case may therefore require separate trials on the jury and non‐jury issues depending on the parties' positions. This reduces the chance of inconsistent verdicts, but nonetheless the equitable portions of this proceeding requires decisions affecting...
2023.01.25 Motion for Summary Judgment, Adjudication 617
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.01.25
Excerpt: ...n driving to an accident victim and providing medical care to the victim. (See, e.g., Aldana v. Stillwagon (2016) 2 Cal.App.5th 1, 8 – A paramedic's exercise of due care while driving is not necessary or otherwise integrally related to the medical treatment and diagnosis of the patient, at least when the patient is not in the vehicle.) Moreover, the cited immunities expressly apply to medical services rendered at the “scene of an emergency,�...
2023.01.24 Motion to Tax or Strike Costs 438
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.01.24
Excerpt: ...asonably and necessarily incurred. (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) Therefore, Cross‐Complainant's request that the claimed costs be stricken in their entirety is denied. However, the Court finds that Cross‐Complainant has properly objected to certain of the costs claimed herein, such that the burden shifts to Cross‐Defendant to show that the items charged were for matters necessarily relevant and material to the issues ...
2023.01.24 Motion to Compel Production of Docs 437
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.01.24
Excerpt: ...ts were provided by percipient witnesses two (2) years ago about incidents that occurred 30 years ago and there is significant potential for such statements to be used as impeachment evidence. Accordingly, the Court hereby grants Defendant's request that Plaintiff respond further to the Defendant's request for production by producing the ten (10) witness statements. The witness statements are to be produced to Defendant's Counsel within (10) ten ...
2023.01.24 Motion for Sanctions 771
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.24
Excerpt: ...ides as follows: Whenever a party in a civil action knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must serve and file a Notice of Related Case. Pursuant to CRC 3.300(e), the Notice of Related Case must be served and filed no later than 15 days after the facts concerning the existence of related cases bec...
2023.01.20 Petition to Compel Binding Arbitration and Stay Matter Pending Hearing on Petition 115
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.01.20
Excerpt: ...also finds that the arbitration agreement entered into by the parties is not unconscionable as Plaintiff was not required to sign said arbitration agreement as a condition of being admitted to Defendant's facility. Furthermore, the Court finds that said arbitration agreement demonstrates a modicum of bilaterality. (Little v. Auto Stiegler, Inc., (2003) 29 Cal. 4th 1064) The new issues and evidence raised in Defendant's reply will not be considere...
2023.01.20 Petition for Declaratory and Mandamus Relief 226
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.01.20
Excerpt: ...en questioned the City's counsel in chambers. The city made representations as to what those documents were which were accurate in one case and inaccurate in another. Given the long history of these cases, providing the wrong set of documents to the Court was not best practice. The Court has determined that it needs the transcript of the last hearing. The Court intends to proceed as follows: 1. The Court will review the transcript. 2. The Court w...
2023.01.20 Motion to Enforce Settlement 156
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.01.20
Excerpt: ... Instead, the Court elects to reach the merits. On March 5, 2021, Plaintiff filed suit against Hillside Ag Management, LCC and Brian Caetano. On April 14, 2021, the lawsuit was served. In May, 2021, Brian Caetano and Del Valle Farm Labor Services, Inc. President Adrian Cruz signed a settlement agreement calling for Caetano to pay $73,406.95 per year every year from December 31, 2021 to December 31, 2025. Caetano didn't pay the December 31, 2021 i...
2023.01.19 Demurrer 505
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.19
Excerpt: ...n agreement can be reached that would resolve the objections to be raised in the demurrer. Defense counsel did not attempt to contact plaintiff's counsel until the day before the Demurrer was filed. Amaral Declaration, page 2, paragraph 3. While this was not timely, there was a good reason for this delay in that plaintiff's counsel had filed ex parte applications attesting to his medical issues. Id. at paragraphs 2 and 3. In any event, counsel we...
2023.01.19 Demurrer to TAC 072
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.01.19
Excerpt: ...atthew Herrera and Does 1‐20. As to the issues involving Ali Nowaid, the Court overrules the demurrer. Nowaid is alleged to have acknowledged his ownership interest in the mobile home park to the California Housing and Community Development Agency, and he was also listed as an owner on a citation. These are the sort of specific factual allegations to clear the relatively low hurdle at the pleading stage that Nowaid is an owner‐in‐fact and h...
2023.01.18 Motion to Enforce Settlement Agreement 022
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.01.18
Excerpt: ... changed the law in response to contrary older cases. The parties agree that the Court can enter an order to enter the settlement agreement. To the extent that the Court needs to interpret the settlement agreement, the Court has authority to do so. Mailloux contends that the Court cannot now enforce the settlement. This is incorrect; he cites cases in which the motion is for entry of judgment, not enforcement of judgment. The Court can enforce se...
2023.01.18 Motion to Change Venue 283
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.18
Excerpt: ... County, the Court is not prepared to conclude that Defendant has carried its burden under Code Civ. Proc. §397(b) at this time. Therefore, the Court chooses to follow the procedure which was approved by the appellate court in People v. Mackey (2015) 233 Cal.App.4th 32, deferring ruling on the instant motion until voir dire has commenced and the Court is able to assess whether the responses of potential jurors confirm the defense's assertions wi...
2023.01.18 Motion for Preliminary Approval of Class Action Settlement 160
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.18
Excerpt: ...ms are as follows: (1) The settlement class is composed of all persons who are or were employed in California by defendant as non‐exempt employees at any time from March 5, 2017 through September 30, 2022 (approximately 2,615 persons); (2) The maximum settlement amount is $1,900,000.00; (3) Attorney's fees of $665,000.00 (35% of the maximum settlement amount); (4) $20,000.00 for costs and expenses; (5) An enhancement payment to the class repres...
2023.01.18 Demurrer 725
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.18
Excerpt: ...6. Therefore, the Court finds that the pleading does not state facts sufficient to support a claim pursuant to Penal Code §496(c). Moreover, in light of the applicable law, the Court finds that the Plaintiff has failed to demonstrate that he is capable of amending the pleading to assert a viable claim in this context. Therefore, leave to amend is denied. ...
2023.01.18 Application for Writ of Possession 462
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.01.18
Excerpt: ...ck Trust Note, Judy Trust Note and Security Agreement, as well as an undertaking. (Code of Civil Procedure §512.060.) With regard to the issue of valuation as it pertains to the amount of the undertaking required by Code of Civil Procedure §515.010 et seq., the information presented in the application demonstrates that the sum claimed by Plaintiffs from Defendants is less the value of the collateral by an estimated $289,904.00. Plaintiffs are t...
2023.01.13 Motion for PAGA Approval of Settlement 611
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.01.13
Excerpt: ... fees. The 40% requested is inadequately supported, and Plaintiff's submissions to this court caused the Court to consider permitting substantially less than it eventually awarded in fees. FACTS: Defendants operate a retirement community for those age 62 and over. On July 12, 2021, plaintiff filed this PAGA Complaint, alleging that defendants failed to pay overtime and minimum wages, failed to provide compliant meal and rest periods and associate...
2023.01.13 Demurrer, Motion to Strike 217
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.01.13
Excerpt: ...ading at this point in time is the First Amended Complaint filed on 9‐21‐22. As the arguments set forth in the supporting papers are directed against the claims contained in the amended pleading, the Court presumes that the moving document inadvertently failed to identify the First Amended Complaint in this regard. With regard to the Second and Fourth Causes of Action, for Professional Negligence and Negligent Infliction of Emotional Distress...
2023.01.12 Motion to Vacate Jury Trial or Try Equitable Claims First 626
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.01.12
Excerpt: ...hat a jury trial is a matter of right in a civil action at law, but not in equity. (Cal. Const. Art. 1, § 16, Caira v Offner (2020) 126 Cal.App.4th, 12. In addition, a minority shareholder's action for damages for the breach of fiduciary duties of the majority shareholder is one in equity, with no right to a jury trial. (Nelson v. Anderson, (1999), 72 Cal. App. 4th 111). Furthermore, there is no state constitutional right to jury trial of shareh...
2023.01.12 Motion to Compel Deposition 704
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.12
Excerpt: ...nsel Lawrence Knapp and defendant's counsel David Johnston are ordered to meet and confer in good faith by no later than Friday, January 21, 2023, to choose a date, time, and location for the taking of the deposition of Kevin Amin. CCP Section 2025.450(a) provides, in pertinent part, as follows: If, after service of a deposition notice, a party to the action… without having served a valid objection under Section 2025.410, fails to appear for ex...
2023.01.12 Motion for Summary Judgment 741
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.01.12
Excerpt: ...blished the absence of a triable issue of material fact regarding Defendant's said indebtedness to Plaintiff. Therefore, Plaintiff is entitled to entry of summary judgment in its favor herein in the sum of $7,489.76 being principal of $666.26 and costs of $823.50 (Code of Civil Procedure §473 (c)). Accordingly, the Court hereby GRANTS judgment in favor of Plaintiff American Express National Bank. and against Defendant Iris Saberola in the instan...
2023.01.11 Motion for Summary Judgment, Adjudication 565
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.01.11
Excerpt: ...rial fact on the issue of whether Defendant/Cross Defendant, California Materials Inc., has an express contractual duty to defend Teichert Construction, and by extension CALTRANS, against the claims being asserted in this action in Plaintiff's Second Amended Complaint. (Code of Civil Procedure §437c(f)(1), Code of Civil Procedure, §§ 2772 & 2778. In the absence of any opposition by Defendant, California Materials Inc., the Court finds that no ...
2023.01.11 Motion to Compel Deposition of PMQ, for Sanctions 486
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.01.11
Excerpt: ...n order compelling the appearance of Defendant's Person Most Qualified at the location chosen by Plaintiff within the statutory mileage limitations. (Code Civ. Proc. §§2025.250, 2025.450(a).) Counsel shall meet and confer to select a mutually agreeable date to complete the deposition, which should occur no later than February 15, 2023. With regard to specific issues presented by Defendant's objections to certain categories of testimony and docu...
2023.01.10 Demurrer 259
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.10
Excerpt: ...on within 10 days after service of entry of the order granting relief from dismissal, pursuant to CCP Section 1008, instead of a demurrer. However, the Court is not limited to the restrictions of CCP Section 1008 but can reconsider its own rulings sua sponte. The language [of Section 1008] chosen by the Legislature strongly suggests it intended to restrict the actions of parties in bringing motions to reconsider, but did not contemplate restricti...
2023.01.06 Petition for Judgment of Abandonment 201
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.06
Excerpt: ...public sale of the Mobilehome. The Court enters judgment in the amount of $5,279.00 plus costs of $225.00, for a total judgment of $5,504.00 in favor of petitioner Country Western Mobile Home and RV Park LLC and against respondents Jerry Elmore, Gloria Keeney, Thomas Snow, and Neoma Snow, jointly and severally. Petitioner will be awarded attorney's fees according to proof submitted at the hearing. Petitioner has satisfied the requirements of Civi...
2023.01.06 Motion to Intervene to Ensure Adequate Settlement 331
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.01.06
Excerpt: ...case involving some of the same issues and potential class members as this case. No classes have been certified in any related case. This case does not have a PAGA action, but the federal case and a related state case do. This is a question of permissive intervention. With regard to permissive intervention “the trial court has discretion to permit a nonparty to intervene where the following factors are met: (1) the proper procedures have been f...
2023.01.05 Motion to Set Aside Spousal Property Order 021
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.05
Excerpt: ...aken against a party based on mistake, inadvertence, surprise, or excusable neglect. The pertinent provisions of the statute provide as follows: (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied b...
2023.01.05 Motion to Compel Responses, for Monetary Sanctions 838
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.05
Excerpt: ...l Defendant to Provide Responses to Special Interrogatories, Set One, and Request for Monetary Sanctions in the Amount of $5,040.00 Against Defendant – GRANTED; d) Plaintiff's Motion to Compel Defendant to Provide Written Responses and Documents to Request for Production of Documents, Set One, and Request for Monetary Sanctions in the Amount of $5,040.00 Against Defendant – GRANTED. a‐c) The Court finds that the requests were properly elect...
2023.01.04 Motion to Set Aside Default Judgment 598
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.04
Excerpt: ...s, orders, or other proceedings based on mistake, inadvertence, surprise or excusable neglect. The pertinent statutory language is as follows: (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by ...
2023.01.04 Motion to Consolidate Actions 505
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.01.04
Excerpt: ...lidate must list all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record, contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first, and be filed in each case sought to be consolidated. The notice of motion does not list the caption of the two cases with the lowest numbered case listed first, and the notice of motion has not been f...
2023.01.04 Motion to Compel Further Responses 218
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.01.04
Excerpt: ...6‐ 31) and Defendant's Knowledge of Similar Defects (RFPs 32‐37). Plaintiffs' motion asks for further responses to RFPs 17‐33, 36, and 37, though the motion does not engage in a great deal of differentiation. Plaintiffs leave out crucial details in their motion. First, they contend that on October 12, (all dates are in 2022) “Defendant failed to produce a single responsive document requested,” which appeared to apply to all 37 requests....
2022.12.28 Motion for PAGA Approval of Settlement 611
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.12.28
Excerpt: ...compliant meal and rest periods and associated premiums, failed to pay timely wages during employment and upon termination of employment, failed to provide complete and accurate itemized wage statements, failed to keep complete and accurate payroll records, and failed to reimburse necessary business‐related expenses and costs. PROCEDURAL POSTURE: On March 29, 2022, the parties participated in a mediation, and the parties ultimately reached a se...
2022.12.22 Demurrer 876
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.12.22
Excerpt: ...led for divorce in the Family Law case in April, 2017. A default was taken and set aside, and litigation commenced in earnest in April, 2019. After substantial litigation the parties, their attorneys, and the family law judge signed a stipulation and order which said, in part, as follows: With regard to the real property located at [address], Respondent does not seek any remedies in this action, under the California Family Code, and does not seek...
2022.12.16 Motion to Compel Deposition, for Monetary Sanctions 081
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.12.16
Excerpt: ...tillo, Moriarty, Tran and Robinson – a) The Court finds that Plaintiff may elect to have her deposition held remotely. Further, any party or Counsel may, but is not required to be physically present at the location of the deponent. (Cal. Civ. Proc. Code § 2025.310). The Court further finds that due to Plaintiff's use of oxygen, her general health, her doctor's recommendations for a remote deposition to preserve her health as well as the Execut...
2022.12.14 Motion to Set Aside Dismissal 693
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.12.14
Excerpt: ...e assertion that on November 15, 2021 the matter was set for a case management conference on May 24, 2022, which is inaccurate. 4. The assertion that “on May 13, 2022, a Request to Continue the Case Management Conference was made, due to [an] ongoing trial.” This appears disingenuous. Counsel is and was aware he did not pay filing fees for that request and it was not clerically processed on those grounds. This does not make the Court optimist...

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