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2019.12.20 Motion for Summary Judgment, Adjudication 664
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.12.20

Excerpt: ...ecifically, Defendant's purported evidence consists, in part, of inadmissible hearsay in the form of unauthenticated credit report documents. Defendant has failed to demonstrate how such documents might fall within a recognized hearsay exception. Moreover, even if the Court were to consider the proffered reports, the information contained therein does not definitively establish the fact asserted by Defendant, i.e. that Plaintiffs obtained the cre...

2019.12.18 Petition to Compel Arbitration and Stay Further Proceedings 186
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.12.18

Excerpt: ... review of the papers and supporting evidence submitted in conjunction with both petitions, the Court finds that no statutory grounds exist to vacate the arbitration award issued on 10-8-19. (Code Civ. Proc. §1286.2.) While the Court recognizes that the determination of the arbitrator operates to deprive Plaintiff of the ability to pursue his statutory employment claims on the merits, the Court has reviewed the arbitrator's decision and finds it...

2019.12.10 Motion for Attorneys' Fees 574
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.12.10

Excerpt: ...0, 685.080.) Therefore, as a foundational matter, the scope of the motion is impermissibly broad to the extent it seeks recovery of fees and costs incurred prior to 11-17- 17. While Defendant does not dispute the recoverability of reasonable fees and costs in connection with Plaintiffs' post- stipulation enforcement efforts, Plaintiffs have not provided sufficient information for the Court to calculate the lodestar figure, which is fundamental to...

2019.11.14 Motion for Leave to Amend Complaint 054
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.11.14

Excerpt: ...ces, Inc. v. TAT Capital Partners, Ltd. (2016) 5 Cal.App.5 th 69, 92; Sidney v. Superior Court (1988) 198 Cal.App.3d 710, 717; Trindade v. Superior Court (1973) 29 Cal.App.3d 857, 860.) Therefore, leave to amend is GRANTED as to Boer & Sons, Inc. However, there is no tolling or “relation back” to save cross-complaints against third parties brought into the action by the defendant. (Boyer v. Jensen (2005) 129 Cal.App.4 th 62, 70; Sidney v. Sup...

2019.10.30 Motion to Compel Deposition, to Continue Trial, Request for Monetary Sanctions 806
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.10.30

Excerpt: ...de Civ. Proc. §§2025.450(a).) Therefore, Plaintiff shall appear on November 1, 2019 pursuant to the current notice of deposition served by the defense. The Court also finds that Defendant is entitled to an award of monetary sanctions in the amount of $1,633.40 in connection with the above-described failures to appear, necessitating this motion. While the Court recognizes that Plaintiff's counsel describes extenuating circumstances underlying hi...

2019.10.29 Demurrer 090
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.10.29

Excerpt: ...ege claims that are not available against individual supervisory employees. (Reno v. Baird (1998) 18 Cal.4 th 640, 647.) As a foundational matter, the viability of the Sixth Cause of Action for Intentional Infliction of Emotional Distress in this context rests on Plaintiff's ability to sufficiently plead underlying FEHA claims against the individual defendants. (See, e.g. Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4 th 243, 288.) As Plaint...

2019.10.16 Motion to Compel Arbitration and Stay Proceedings 224
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.10.16

Excerpt: ...ualifies as a written contract involving interstate commerce. Lastly, Plaintiff' has failed to demonstrate that the agreement is unenforceable due to unconscionability. While the mandatory nature of the agreement demonstrates some measure of procedural unconscionability, the Court finds no other indicia of procedural or substantive unconscionability in connection with the terms of the agreement. Therefore, the matter is subject to arbitration as ...

2019.10.10 Demurrer, Motion to Strike 779
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.10.10

Excerpt: ...c)), and it appears to the Court that Plaintiff is unable to add any factual allegations to overcome the demurrer in this regard. The Demurrer to Plaintiffs' cause of action for general/gross negligence is SUSTAINED without leave to amend. The facts alleged appear to describe a claim for professional negligence/ veterinary malpractice; therefore, Plaintiffs' attempt to assert an additional cause of action for general negligence is improper in thi...

2019.10.9 Demurrer 269
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.10.9

Excerpt: ...f Prayer in Plaintiff's First Amended Complaint – GRANTED, in part, with leave to amend; DENIED, in part. The Motion to Strike is GRANTED, with leave to amend, as to the prayer for punitive damages. (Code Civ. Proc. §436.) The pleading fails to allege facts that amount to malice, fraud, or oppression within the meaning of Civ. Code §3294. The Motion is DENIED on all other asserted grounds. While the Court will grant leave to amend in this ins...

2019.10.8 Motion to Set Aside Default, Judgment 105
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.10.8

Excerpt: ... motion. However, as it appears to the Court that evidence may exist which supports Defendant's position herein, the hearing is continued to allow Defendant the opportunity to submit properly authenticated evidence for the Court's consideration. Defendant shall file and serve such evidence no later than November 27, 2019. Plaintiff may file and serve a brief response to such evidence by December 4, 2019. In addition, the Court notes that Defendan...

2019.10.1 Motion for Summary Judgment, Adjudication 464
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.10.1

Excerpt: ...finds that Plaintiff has failed to meet her burden in this regard. Specifically, Plaintiff has failed to produce evidence of a factual dispute with regard to the issue of whether Defendant exercised ownership, possession, or control of the subject property at the time of the alleged injury. (See, e,g. Preston v. Goldman (1986) 42 Cal.3d.108). In fact, the undisputed evidence confirms that Plaintiff cannot establish this element. (UMF 13, 14.) The...

2019.1.31 Demurrer 385
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.1.31

Excerpt: ...y the Court. Moreover, the Court further finds that the Complaint fails to allege facts sufficient to state any cause of action against the demurring defendants and the Court does not believe that amendment of these causes of action is possible. Therefore, the Complaint is dismissed with prejudice. ...

2019.1.29 Motion to Compel Further Responses 415
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.1.29

Excerpt: ...n award of monetary sanctions against Plaintiff and his counsel in connection with the issues represented in the instant motion, as well as the failure to meet and confer regarding the issues presented herein. (Code Civ. Proc. §§2030.300(d); 2023.010(f); 2023.020; 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, Defendant's request for monetary sanctions is GRANTED in the amount of $500, to be paid to Defendant's counsel within 14 da...

2018.8.10 Motion to Withdraw or Amend Admissions 125
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.8.10

Excerpt: ......

2018.8.10 Motion to Deem Matters Admitted 044
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.8.10

Excerpt: ...Request for Admissions, Set One, are deemed admitted. ...

2018.8.6 Motion to Compel Responses, Request for Sanctions 386
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.8.6

Excerpt: ...�2030.290(a). Therefore, Defendants are entitled to an order compelling Plaintiff to provide answers, without objection, to Judicial Interrogatories, Set One within 14 days. Further, the Court finds that Defendants are entitled to an award of monetary sanctions. (Code Civ. Proc. §§2030.290(c), 2023.010, 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff is ordered to pay $265.00 in monetary sanctions to Defendants' counsel within 14 day...

2018.8.2 Motion to Compel Responses 386
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.8.2

2018.7.31 Demurrer, Motion to Strike 176
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.31

Excerpt: ...ithin the applicable statute of limitations based on delayed discovery, the Complaint contains only conclusory allegations in that regard, which are insufficient to withstand demurrer. (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4 th 797, 809; Cansino v. Bank of America (2014) 224 Cal.App.4 th1462, 1472.) However, the Court must grant leave to amend if the plaintiff demonstrates a reasonable possibility that the defect might be cured. (Fox, ...

2018.7.27 Motion to Compel Further Responses, for Monetary Sanctions 399
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.27

Excerpt: ...reement to narrow down the number of disputed Special Interrogatories and Plaintiff's service of supplemental responses), the Court finds no evidence that the parties continued to engage in meet-and-confer discussions in the 2-week period prior to Defendants' filing the instant motion. The Court believes that continued efforts, carried out in good faith, may resolve the remaining issues. Therefore, the matter is continued and counsel are instruct...

2018.7.26 Request for Dismissal, to Remove Sanctions 774
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.26

Excerpt: ...y in Interest is MOOT. The People's request for removal of the Court's order imposing sanctions for failure to appear is DENIED. The Court notes that the People failed to appear for two consecutive proceedings (on 4-8-18 and 5-21-18); the Court's file demonstrates that appropriate notice to appear was served on the People in both instances. Therefore, the People have not established good cause for removal of the sanctions award. ...

2018.7.25 Motion to Compel Responses 795
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.25

Excerpt: ... and the underlying discovery requests are deficient and fail to accurately identify the subject discovery requests in a way that distinguishes them from previous discovery and resultant orders. Moreover, the notice refers to request for production, set one, while the document attached as Exhibit C to counsel's declaration is entitled “Request for Production of Documents, Set Two.” Counsel's meet-and-confer letter, attached to his declaration...

2018.7.25 Motion for Determination of Good Faith Settlement 025
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.25

Excerpt: ...uant to Code Civ. Proc.§ 877.6, a dismissal with prejudice is entered in favor of SPIRIT HEATING & AIR, INC. as to any Complaints or Cross-Complaints presently on file, or deemed filed, against it. All existing or future claims by any party, joint tortfeasor, or co-obligor against SPIRIT HEATING & AIR, INC. for implied indemnity, equitable indemnity, equitable comparative contribution, partial or comparative indemnity, implied contractual indemn...

2018.7.24 Motion to Compel Further Responses 664
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.24

Excerpt: ...fforts on the disputed issues in good faith by either party. Moreover, the Court notes that the parties have engaged in settlement discussions which, if continued in good faith, may result in resolution of the matter. Therefore, the matter is continued and counsel are instructed to meet and confer in person or by telephone, particularly with regard to those items of outstanding discovery which may further assist the parties in their attempts to r...

2018.7.23 Motion to Set Aside Default 484
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.23

Excerpt: ...rtence, surprise, or excusable neglect,” within the meaning of Code Civ. Proc. §473(b). ...

2018.7.23 Motion for Summary Judgment 458
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.23

Excerpt: ...minimum, the issues set forth in Defendant's Separate Statement of Undisputed Material Facts 30, 31, 34, 36, and Plaintiff's additional Disputed Material Facts 53, 63, 65, 66, 77, 78, and 79. With regard to the issue of the application of the statute of limitations, the Court finds that Plaintiff has demonstrated the existence of disputed factual issues that are material to the determination of when the attorney-client relationship ended. (See e....

2018.7.23 Motion for Judgment on the Pleadings 896
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.23

Excerpt: ......

2018.7.23 Motion for Approval of Class Action Settlement 364
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.23

Excerpt: ..., is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause appearing to the satisfaction of the Court, the proposed settlement and the associated fees and costs are approved as set forth in the motion and supporting papers. In addition, the Court orders that Notice of the Court's Order Granting Final Approval and Jud...

2018.7.23 Motion to Compel Further Responses, for Sanctions 974
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.23

Excerpt: ...intiff on 7-13-18, fails to reflect the Defendant's Second Supplemental Responses, served on July 11, 2018, as to the following: Form Interrogatory 15.1, as concerns Defendant's responses to the allegations of the Complaint at paragraphs 7 and 13, and; Form Interrogatory 17.1, as concerns Defendant's responses to Request for Admissions 3 and 4. The Court recognizes that the timing of Defendant's service of her Second Supplemental Responses likely...

2018.7.20 Motion for Summary Judgment 458
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.20

2018.7.20 Motion for Judgment on the Pleadings 896
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.20

Excerpt: ......

2018.7.20 Motion for Final Approval of Class Action Settlement 364
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.20

2018.7.20 Motion to Compel Further Responses 974
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.20

2018.7.20 Motion to Set Aside Default 484
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.20

Excerpt: ...rtence, surprise, or excusable neglect,” within the meaning of Code Civ. Proc. §473(b). ...

2018.7.20 Petition Re Surplus Funds 200
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.20

Excerpt: ...son entitled to make a claim as to the property – but does not discuss the disposition of Ms. Rios's estate and the possibility of other heirs, etc. This uncertainty was the exact reason the trustee determined a need to deposit these surplus funds with the Court in the first place. For the Court to issue an Order granting Mr. Rios's claim, he must first prove that he is who he says he is – counsel's inarticulate verification of that fact is i...

2018.7.18 Motion to Strike 635
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.18

Excerpt: ...004) 32 Cal.4 th. 771, 790; Country Villa Claremont Healthcare Center v. Superior Court (2004) 120 Cal.App.4 th 426, 433-434.) ...

2018.7.18 Motion to Deem Matters Admitted, Request for Monetary Sanctions 744
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.18

Excerpt: ...ANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. The Court finds that Plaintiff is entitled to an award of monetary sanctions for Defendant's failure to respond to the above-described discovery requests. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff's motion for monetary sanctions is GRANTED in the amount of $260, to be paid to Plaintiff's counsel within ...

2018.7.18 Application for Writ of Possession 345
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.18

Excerpt: ...he undertaking requirement is waived as to Plaintiff and to require Defendant(s) to file an undertaking in the amount of $31,516.53 as a redelivery bond. (Code Civ. Proc. §§515.010(b), 515.020.) Subject to those terms, the Court is inclined to order that the writ shall issue and Defendant NBS Auto of California shall be directed to transfer possession of the subject property to Plaintiff; failure to do so may subject said Defendant to being hel...

2018.7.17 Motion to Deem Facts Admitted, Request for Attorney Fees 774
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.17

Excerpt: ...is GRANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. The Court finds that Plaintiff is entitled to an award of monetary sanctions for Defendant's failure to respond to the above-described discovery requests. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff's motion for monetary sanctions is GRANTED in the amount of $260, to be paid to Plaintiff's counsel wi...

2018.7.17 Motion to Compel Further Responses, for Monetary Sanctions 174
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.17

Excerpt: ...ly construed so that parties may ascertain the strength of their case and truth may be determined at trial. (Williams v. Superior Court (2017) 3 Cal.5 th 531, 538.) Nevertheless, the Court recognizes that discovery of employee contact information serves a different purpose in the context of an individual discrimination case, as here, than in cases involving class action or PAGA claims, where “sweeping disclosures” have generally been approved...

2018.7.11 Motion to Consolidate 005
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.11

Excerpt: ...scovery and settlement negotiations more efficient and effective. Therefore, the motion to consolidate is GRANTED and the controlling case number will be 2024005. All further papers/pleadings shall be filed under the controlling case number. The Case Management Conference will remain on calendar for the consolidated actions on August 6, 2018 at 9:00 a.m. in Department 23. ...

2018.6.22 Motion to Strike or Tax Costs, for Attorney Fees 745
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.6.22

Excerpt: ...ys of the hearing of this matter. The Court further orders that the hearing date on the Court's Motion to Dismiss is continued, on the Court's own motion, to August 22, 2018 at 8:30 a.m. in Department 23. ...

2018.6.22 Motion to Compel Further Responses 974
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.6.22

Excerpt: ...additional documents were produced by Defendant after the instant motion was filed. Under the circumstances, it appears to the Court that, with additional time and effort, the disputed issues may be resolved by mutual good faith. Therefore, the matter is continued and the parties are instructed to file a Joint Status Statement no later than 5 court days before the continued hearing date. The Joint Status Statement should explain the parties' furt...

2018.6.22 Demurrer, Request to Stay 724
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.6.22

Excerpt: ... action has the power to bring before it all necessary parties, to litigate all issues, and to grant all relief to which any parties might be entitled. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 786- 788.) Therefore, an interlocutory judgment shall be entered in favor of Defendant WIS International herein to the effect that no trial of other issues shall be had until final determination of Case No. RIC 1801185. (Code Civ...

2018.6.22 Demurrer 724
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.6.22

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