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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 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...
2023.01.31 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...
2023.01.24 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 ...
2023.01.20 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...
2023.01.18 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...
2023.01.12 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 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 ...
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...
2022.12.07 Motion to Deem Facts Admitted 631
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.12.07
Excerpt: ...Court further finds that no meet and confer was required between the parties where, at the time of filing the motion, no responses had been provided by Plaintiff/Cross Defendant. (See Dmyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395; St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 777‐778). Since the filing and service of the instant motion Plaintiff/Cross Defendant has filed and served Responses to said Request for...
2022.12.06 Motion to Compel Further Responses 556
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.12.06
Excerpt: ...l originated from Plaintiff's work as an anesthesiologist with Memorial Medical Center. The Court also finds that Plaintiff's employment with Memorial Medical Center is so interwoven with his employment contract with Gould Medical Group that Plaintiff cannot be reinstated with Memorial Medical Center without being reinstated with Gould Medical Group. Accordingly, the Court finds that Plaintiff's claim for reinstatement with Gould Medical Group is...
2022.11.23 Petition for Writ of Mandate 186
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.11.23
Excerpt: ...ne's December 2019 decision includes a finding that MID's 2016 rates were “unlawful” – “the Court has not determined whether MID's electric rates exceeded its costs”. Obviously, both statements cannot be true. In the Court's view, Judge Beauchesne's decision did conclude that MID's rates were unlawful – and constitute an improper tax. While Judge Beauchesne mentioned two specific facts in support of this conclusion – a reported $2.6...
2022.11.23 Motion to Enforce Settlement, for Sanctions 303
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.11.23
Excerpt: ...n (15) days of signing same but failed to do so thereby breaching said agreement. The Court further finds that Plaintiff waived said breach by subsequently arranging with Defendant to retrieve said items on 9/15/22 (Whitney Inv. Co. v. Westview Dev. Co, (1969) 273 Cal. App. 2d 594). Accordingly, on 9/15/22 P should have delivered all items agreed upon in 2.e.1‐8 of said Settlement Agreement to Defendant. The Court also finds that under said Set...
2022.11.22 Motion for Judgment on the Pleadings 998
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.11.22
Excerpt: ...in respect of Lara 1, as well as in respect of the Dismissal with Prejudice subsequently filed therein. (Probate Code § 50, Garcia v. Rehrig Int'l, Inc., (2002) 99 Cal. App. 4th 869). The Court further finds that Plaintiff's claims herein are precluded by the Settlement Agreement and dismissal with prejudice entered in Lara 1. Plaintiffs herein cannot state facts sufficient to constitute a case of action as they are estopped from doing so. As it...
2022.11.18 Motion for Dismissal 542
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.11.18
Excerpt: ...September 9, 2022 minute order requiring Plaintiff to retain a lawyer and file a First Amended Complaint by November 7, 2022, in the absence of which Plaintiff was required to provide a declaration under penalty of perjury explaining the basis of said failure. Plaintiff has failed to retain a lawyer, failed to file a First Amended Complaint and failed to provide an explanatory declaration. Accordingly, Defendants' Motion to Dismiss is hereby GRAN...
2022.11.17 Motion to Lift Stay, Order Allocating Arbitration Costs and Fees 057
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.11.17
Excerpt: ...o be premature for failure to participate in mediation and for failure to demonstrate good faith participation in the arbitration ordered by the Court in its minute order of January 3, 2022. (Weiler v. Marcus & Millichap Real Estate Investment Services, Inc (2018) 22 Cal. App. 5th 970, 981.) Should Plaintiff subsequently elect to refile the instant application, the Court will require Plaintiff to demonstrate the inability of Plaintiff's estate to...
2022.11.08 Demurrer, Motion to Strike 191
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.11.08
Excerpt: ... Defendant Lodi Memorial Hospital Association Inc dba Adventist Health Lodi Memorials' Motion to Strike Portions of the Complaint – MOOT. a) The Court finds the allegations of the First Cause of Action for Elder Abuse are insufficient at the pleading stage to state the challenged cause of action. In addition, the First Cause of Action for Elder Abuse is uncertain in that the Complaint does not distinguish between the two named defendants with r...
2022.11.04 Motion for Terminating Sanctions 576
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.11.04
Excerpt: ...properly propounded Form Interrogatories, Set One and Requests for Production of Documents Set One constitutes misuse of the discovery process and warrants discovery sanctions. (Miranda v. 21st Century Ins. Co. (2004), 117 Cal.App.4th 913). The Court also finds, considering the length of time over which Defendant has willfully failed to comply with the Court's order (5 months), that lesser sanctions would be ineffective. (Department of Forestry &...
2022.10.28 Demurrer to FAC 612
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.10.28
Excerpt: ...errupted possession, hostile to the true owner and under a claim of title for 5 years. (Sevier v. Locher (1990) 222 Cal App. 3d 1082 citing Gilardi v. Hallam (1981) 30 Cal. 3d 317, 321). The Court further finds that the defects in Plaintiff's pleadings are incurable at present as Plaintiff is no longer in possession of the subject property and the delinquent property taxes have been paid by Defendant. Defendant's demurrer is hereby accordingly su...
2022.10.27 Motion to Compel Further Responses 071
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.10.27
Excerpt: ...urt explicitly finds that Plaintiff Harpreet Dhaliwal's opposition to this motion to compel was unjustified. As evidenced by Plaintiff's provision of further responses to the requests for production on October 12, 2022, it is clear that Plaintiff's original responses were inadequate and not code‐ compliant. While the Court appreciates Plaintiff's willingness to admit as much and provide supplemental responses, where a motion to compel is necess...
2022.10.27 Motion for Reconsideration 043
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.10.27
Excerpt: ...ourt's jurisdiction with regard to party applications for reconsideration or renewal. (Code Civ. Proc., § 1008(c).) Second, the Court's inherent power to reconsider its own rulings and decisions sua sponte does not survive entry of judgment and finality. (APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 181 [court loses jurisdiction to rule on a pending motion for reconsideration after entry of judgment and it is immaterial that the mo...
2022.10.25 Motion to Compel Further Responses 540
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.10.25
Excerpt: ...ce of Motion, was filed on August 23, 2022. Counsel for Defendants declaration attaches exhibits that only unilaterally confirm an extension on the forty‐five (45) time limit to compel further responses applicable to both motions through July 28, 2022. Even then, a stipulation to extend the 45 day time limit “on or before any specific later date to which the propounding party and the responding party have agreed in writing.” (Code Civ. Proc...
2022.10.21 Motion to Compel Further Responses 173
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.10.21
Excerpt: ...1, Defendant shall accordingly provide further substantive responses to same. Plaintiff's request for further responses to Form Interrogatory 17.1 is hereby denied for failure to comply with California Rule of Court 3.1345(c)(5) Plaintiff did not include in the accompanying separate statement, Defendant's verbatim responses to Plaintiff's request for admissions. Monetary sanctions of $1460 are awarded against Defendant and his Counsel of record G...
2022.10.18 Motion to Compel Responses 071
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.10.18
Excerpt: ... for Admission, Set One, within the next ten (10) days. The Court explicitly finds that Plaintiff Pauline Doan's opposition to this motion to compel was unjustified. If Plaintiff is indeed incapacitated and unable to respond to discovery (a fact which was not established by the evidence Plaintiff submitted in opposition to the motion), it is Plaintiff's counsel's duty to determine how best to advance Plaintiff's claims herein. But if Plaintiff ch...
2022.10.11 Motion to Enforce Arbitration Agreement 127
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.10.11
Excerpt: ... Inc. v. Moriana upon the Court's finding of a valid enforceable arbitration agreement between the parties. (Viking River Cruises Inc. v. Moriana (2022)142 S.Ct. 1906). Accordingly, Plaintiff's individual PAGA claim is hereby ordered to arbitration. However, the Court finds that the issue of whether Plaintiff retains any ability to pursue a representative PAGA claim despite the existence of the arbitration agreement appears to be an open question...
2022.09.30 Motion to Compel Further Responses, for Monetary Sanctions 338
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.09.30
Excerpt: ...e names of and information related to Defendant's former pupils and employees. Defendant's students are further protected from the disclosure of said information by the California Education Code §§ 49075 and 49077. Plaintiff's motion for further responses to Form Interrogatories, Set 1, is GRANTED as to 12.2, 12.3, 12.6, 12.7, 14.2 and 17.1, and DENIED as to 12.4 and 12.5 on the grounds of work product and attorney client privilege. Further, an...
2022.09.30 Motion to Compel Arbitration and Stay Proceedings 353
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.09.30
Excerpt: ...etween Plaintiffs and Central Valley Nissan that Defendant may rely on the doctrine of equitable estoppel to compel arbitration between Plaintiffs and Defendant. Proceedings herein are accordingly stayed pending completion of arbitration. Defendant's Request for Judicial Notice is GRANTED. The Court acknowledges that Defendant did not demand arbitration pursuant to code, however, resolving the motion based on this point would be a fruitless endea...
2022.09.29 Motion to Vacate Renewal of Judgment 952
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.09.29
Excerpt: ...ended Cross‐Complaint of Nirmal Singh and Ks Chandi; b) Defendants Nirmal Singh, Prabhjot Singh, Matthew Bradford, Marc Robinson & Robinson Bradford LLP's Special Demurrer to Causes of Action 1 Through 8; c) Plaintiffs Kevin Doan, Pauline Doan and Harpreet Dhaliwal's Motion to Quash Subpoena to First American Title – This is an action for corporate mismanagement brought by the majority shareholders against a corporate officer (and minority sh...
2022.09.27 Motion for Protective Order, to Compel Further Responses, for Monetary Sanctions 324
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.09.27
Excerpt: ...lure to meet and confer in good faith; Request for Monetary Sanctions in the Amount of $690.00; c) Plaintiff Doctors Medical Center of Modesto, Inc.'s Motion to Compel Further Responses from Defendant, Tiger Lines, LLC to Special Interrogatories, Requests for Admission, Requests for Production of Documents, and Form Interrogatories, Set One; Request for Monetary Sanctions in the Amount of $6,200.50 – DROPPED on the Court's own motion due to the...
2022.09.22 Motion to Compel Arbitration and Stay Action 336
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.09.22
Excerpt: ...he delegation clause require the arbitrator to determine which of the Plaintiffs' claims are arbitrable? With regard to the first issue, Defendant has established that decedent Olivia Deloach signed the arbitration agreement on February 13, 2020. The supplemental declarations of Cristina Lewis and Ashlee Gilliam, combined with the original declaration of Deanna Brummell, establish that the decedent's electronic signature was generated a) in the p...
2022.09.20 Motion for Summary Judgment 505
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.09.20
Excerpt: ...d the Decedent Shirley Strickland while she received treatment from them. Further, Defendants' evidence establishes that a family practice physician and a physician's assistant cannot be held to the same standard of care as applicable to cardiology experts. The Court further finds that Defendants have established the absence of a triable issue of material fact regarding a crucial element of Plaintiff's medical malpractice claim against Defendants...
2022.08.23 Motion for Summary Judgment, Adjudication 951
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.08.23
Excerpt: ... complaint states Defendant sprayed on April 3, 2020. On the other hand, Plaintiff's Motion for Summary Judgment and the exhibits and evidence submitted therewith state Defendant sprayed on April 2, 2020. This material contradiction in the moving papers means Plaintiff has not met his burden to establish no material disputes of fact such that summary judgment or summary adjudication would be appropriate. Even if Plaintiff had met his moving burde...
2022.08.16 Special Motion to Strike 133
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.08.16
Excerpt: ... Code §47 under the auspices of Code of Civil Procedure §425.16. The burden then shifts to Defendant and Cross‐Complainant CAO to demonstrate the probability that it will prevail on the merits of the subject causes of action. The Court finds that CAO has failed to meet its burden particularly as there is no evidence that Lucky 8 disseminated the email to other than its customers. Therefore, the Court finds the Cross Complaint filed by CAO sha...
2022.08.11 Motion to Compel Arbitration and Dismiss 742
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.08.11
Excerpt: ...o two parts, sending one part to arbitration and the other to dismissal. On a motion to compel arbitration under CCP §1281 et seq, the moving party has the burden of demonstrating (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. The burden rests with the party seeking to compel arbitration to establish these three prerequisites by a prepon...
2022.08.09 Motion to Confirm Writ Hearing and Briefing Procedures for Remedy Phase 186
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.08.09
Excerpt: ...ion suit, petitioners and similarly‐situated electric customers claim that Modesto Irrigation District built a sizable electric slush fund and – instead of reimbursing electric customers for the surplus – is surreptitiously using the electric slush fund to cover serious losses from its irrigation customers. Petitioners contend (1) that Respondent's practice of robbing Electric Peter to cover Irrigation Paul's debt is an unauthorized tax on ...
2022.07.29 Motion to Compel Arbitration 714
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.07.29
Excerpt: ...troversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. The burden rests with the party seeking to compel arbitration to establish these three prerequisites by a preponderance of the evidence. Sandquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233, 244; Martinez v. BaronHR, Inc. (2020) 51 Cal.App.5th 962, 967. Neither side disputes the existence of an agreement to arbitrate between plaintif...
2022.07.21 Special Demurrer 071
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.07.21
Excerpt: ... Watsonville, California. The operative pleading is the First Amended Master Complaint. Before the Court this day is a demurrer by all defendants to all eight (8) causes of action set forth in the operative pleading on the ground that none of them include facts sufficient to constitute a cause of action (CCP §430.10(e)). This type of demurrer only succeeds if there is no cognizable theory for relief of any kind, regardless of the labels and theo...
2022.07.19 Motion to Require Untaking 420
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.07.19
Excerpt: ...nt may at any time apply to the court for an order requiring the plaintiff to furnish an undertaking to cover a future award of litigation costs. See Alshafie v. Lallande (2009) 171 Cal.App.4th 421, 428; Yao v. Superior Court (2002) 104 Cal.App.4th 327, 329. The motion must be supported with evidence demonstrating “a reasonable possibility” that the moving defendant will prevail, as well as a good faith estimate of the costs/fees previously i...
2022.07.14 Motion to Compel Compliance with Subpoena for Business Records, to Quash Subpoena for Insurance Records 330
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.07.14
Excerpt: ... to both. On or about 03/09/22, plaintiffs caused to be served upon Alliant Insurance Services a subpoena for the production of records containing insurance applications from, and communications with, defendants regarding any insurance coverage from 03/01/10 to the present. Although the subpoena called for the production to occur at 8:00 a.m. on 03/28/22, it included two different locations for where the records were to be produced (compare Box 1...
2022.07.14 Motion for Reconsideration 081
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.07.14
Excerpt: ...f all this, this Court concluded that a discovery referee for some aspect of this case is needed. This Court ordered both sides to submit the name of someone they would propose to serve as discovery referee. This Court selected defendant's proposal (Attorney Michael Kronlund), largely because he had a lower hourly rate (see Minute Order dtd 05/13/22). Before the Court this day is a motion by plaintiff to reconsider that order. Central to plaintif...
2022.07.13 Motion for Extension of Time to Find Attorney 542
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.07.13
Excerpt: ...re and treatment provided to an individual with schizo‐ affective disorder, who is reportedly subject to an LPS conservatorship. The operative pleading is the original complaint filed 05/21/21, and consisting of the following seven causes of action: unfair practices; breach of the implied covenant of good faith and fair dealing; Unruh; negligence; FEHA discrimination; defamation; and privacy violations. The pleading was filed ostensibly by Alla...
2022.06.30 Motion to Compel Further Responses 338
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.06.30
Excerpt: ... part and DENIED in part. In order to be code‐compliant, Plaintiff must represent that a “diligent search and a reasonable inquiry has been made in an effort to comply with the demand.” Code of Civil Procedure section 2031.230. As Plaintiff's response does not include this representation, Plaintiff shall amend it accordingly. As for the Defendant's argument that Plaintiff didn't identify anyone she “believes” might possess information r...
2022.06.28 Motion for Leave to File Compulsory Cross-Complaint 631
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.06.28
Excerpt: ...esto. Plaintiff opposes the request for leave, and requests sanctions in relation thereto. Pursuant to CCP §428.10, a party against whom a cause of action has been asserted may file a cross‐ complaint to include any cause of action he has against a person alleged to be liable thereon, if the cross‐ claim (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) assert...
2022.06.23 Motion for Summary Judgment, Adjudication 109
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.06.23
Excerpt: ... GRANTED, and unopposed. In their moving pleadings, Defendants make a prima facie showing that they are entitled to judgment against Plaintiffs as a matter of law. The Court GRANTS the Defendants' request for judicial notice. Based on the Declaration of Denise Billups‐Slone, the exhibits attached thereto, including the Declaration of Dr Justin Birnbaum, and the First Amended Complaint filed on June 13, 2019, as well as the other pleadings the C...
2022.06.10 Motion to Strike, Demurrer 693
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.06.10
Excerpt: ...istress), neglect and abandonment by failing to bring plaintiff food and leaving him in the shower (causing emotional distress), and pharmaceutical abuse (causing plaintiff to fall in the shower). Before the Court this day is a defense demurrer and motion to strike, directing at most of the charging averments in the operative Fifth Amended Complaint. Pertinent Background Facts On or about 02/15/20, plaintiff was transferred from University of Cal...
2022.06.10 Motion to Compel Arbitration 714
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.06.10
Excerpt: ... agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. The burden rests with the party seeking to compel arbitration to establish these three prerequisites by a preponderance of the evidence. Sandquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233, 244; Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236; Martinez v. Bar...
2022.06.09 Motion to Continue Trial Date 309
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.06.09
Excerpt: ...;  on 06/24/17, during a recreational ride within the Oceano Dunes in San Luis Obispo, plaintiffs Julio and Christian sustained serious injuries when the Hisun 1000 roll cage collapsed upon them. Before the Court this day is an unopposed motion to continue trial, and a demurrer to L&K's cross‐ complaint against Hisun for express contractual indemnity and declaratory relief. As to the former, Hisun's motion to continue trial, and to trail all...
2022.06.09 Demurrer to FAC, Motion to Strike 338
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.06.09
Excerpt: ...r and motion to strike directed at the First Amended Complaint, as well as the continued hearing on defendant's motion to compel further responses to special interrogatories. The discovery motion was continued to this date to clear the confusion regarding an opposition brief. In the interim, the parties have filed two more discovery motions, both set for hearing on 06/30/22. For the convenience of the parties, and since the scope of discovery mig...
2022.06.08 Motion to Compel Arbitration 981
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.06.08
Excerpt: ...e class allegations, leaving just her PAGA claim. What remains, as such, of this motion is whether the PAGA claim is subject to arbitration. First, defendant did not ask this Court to compel arbitration of the PAGA cause of action (see Notice 2:5‐6 and MPA 1:19‐24). Second, as both sides readily concede, the established law here in California is that PAGA claims are not subject to an aggrieved employee's private agreement with an employer to ...

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