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2022.02.23 Motion to Quash Service of Summons 617
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.23
Excerpt: ...es of action alleged in the operative pleading. The oral/implied contract upon which plaintiff sues was negotiated and formed in California by members residing in California. That the contract ultimately inured to the benefit of an Arizona entity is of no consequence since the Arizona entity did not exist when the oral contract was consummated, and subsequent incorporation does not erase or sanitize the extensive California contacts made to secur...
2022.02.23 OSC Re Preliminary Injunction 032
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.23
Excerpt: ...he Court this day is plaintiff's application for a preliminary injunction barring defendant from taking possession, despite an order from the related UD action (UD‐21‐000303) that she surrender possession. The application for preliminary injunction is DENIED in part and GRANTED in part. The proper way to stay an eviction order is through the UD bench officer issuing the order (or through the appellate channels associated therewith). See CCP �...
2022.02.18 Demurrer, Motion to Strike 732
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.18
Excerpt: ...otion, the demurrer and motion to strike directed at the First Amended Complaint is continued to 04/12/22 at 8:30 a.m. in this department. The demurrer and motion to strike currently on calendar for 03/10/22 is hereby advanced to today's date and continued to 04/12/22 at 8:30 a.m. in this department. The CMC currently on calendar for 03/14/22 is hereby advanced to today's date and continued to 06/13/22 at 8:30 a.m. in this department. All future ...
2022.02.17 Petition to Compel Arbitration and Stay Court Proceedings 420
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.17
Excerpt: ...ing arbitration, pursuant to the lengthy arbitration clause printed on the back of the Retail Installment Sale Contract. On a motion to compel arbitration under Code of Civil Procedure §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 c...
2022.02.15 Special Motion to Strike Causes of Action in Master Complaint 071
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.15
Excerpt: ...ludes Kevin and Pauline Doan (successful Vietnamese farmers), Harpreet Dhaliwal (gas station operations), and Amanda Bui (attorney and investment advisor). The “defendant group” includes Nirmal Singh (successful businessman), his long‐ standing attorneys, and various persons/entities associated with his business. Before the Court this day is a special motion to strike, directed at seven of the eight causes of action in the Plaintiffs' Maste...
2022.02.15 Petition to Compel Arbitration 856
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.15
Excerpt: ...on clause covering “any dispute arising from enrollment” (emphasis added) is broad enough to cover torts committed by defendant's employee during periods of instruction, which is controlled in part by the related question of whether the FAA actually applies to the substantive question of how to resolve ambiguities. See Victoria v. Superior Court (1985) 40 Cal.3d 734; Nixon v. AmeriHome Mortgage Company, LLC (2021) 67 Cal.App.5th 934; Western ...
2022.02.15 Motion for Reconsideration of Order Granting Motion to Compel Further Responses 750
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.15
Excerpt: ...caped a discovery referee and/or a sizable monetary sanction – would ask this Court to revisit that order. Nevertheless, Code of Civil Procedure §1008(a) requires that any motion for reconsideration be supported by an affidavit from the moving party setting forth “what new or different facts, circumstances, or law are claimed to be shown.” The motion is not properly presented as one for statutory reconsideration under Section 1008 because ...
2022.02.10 Application for Writ of Possession 576
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.10
Excerpt: ...ty of its claim to possession and (2) the plaintiff has provided an undertaking of not less than twice the value of defendant's interest, if any, in the property. Based on the pleadings before the Court, Plaintiff has established the probable validity of his conversion claim since the evidence suggests defendant has no intention of completing the work or returning the vehicle. Plaintiff has shown a right to immediate possession of the vehicle and...
2022.02.09 Motion to Compel Further Responses, for Monetary Sanctions 322
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.09
Excerpt: ... Montenegro and for Monetary Sanctions against Frank E. Montenegro and Celia M. Montenegro, R. Dewey Wheeler, Luanne Rutherford and McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP, pursuant to CCP Section 2031.310(H); c) Plaintiffs' Motion to Compel Further Responses to and Further Production in Reponses to the First Set of Demands for Inspection and Copying from Frank E. Montenegro and for Monetary Sanctions against Frank E. Montenegro a...
2022.02.09 Demurrer 108
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.09
Excerpt: ...for strict product liability. According to the defense, this cause of action is time‐barred and not sufficiently similar to plaintiff's viable claims to relate back. The demurrer is OVERRULED. At the pleading stage, defendant must negate relation back, and in this instance the allegations supporting the original negligence claim and the new product liability claim appear to be based on the same general set of facts, seek recovery against the sa...
2022.02.03 Application for Writ of Possession 576
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.03
Excerpt: ...sion shall issue after a noticed hearing if (1) the plaintiff has established the probable validity of its claim to possession and (2) the plaintiff has provided an undertaking of not less than twice the value of defendant's interest, if any, in the property. Based on the pleadings before the Court, Plaintiff has established the probable validity of his conversion claim since the evidence suggests defendant has no intention of completing the work...
2022.02.02 Motion to Vacate Judgment 453
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.02
Excerpt: ...ternative for reconsideration of the order granting the motion for summary judgment. The motion for relief in the alternative is DENIED. First, there is no legal nor factual basis presented for setting aside the Judgment under CCP §473, which was necessary after defendants prevailed on their summary judgment motion. Second, regarding the motion for summary judgment itself, the time to seek reconsideration of the determination on the motion has a...
2022.01.28 Motion for Entry of Judgment 022
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.28
Excerpt: ... and the April 2015 transfer of House's shares in Pollination Inc. to the corporation and (2) providing other relief in accordance with sections 3439.07 and 3439.08 and this opinion.” On the same day that plaintiff filed this motion, this Court issued a Minute Order setting a hearing for March 1, 2022, with a briefing schedule commensurate therewith, to address the second part of the Court of Appeal order. Where a reviewing court reverses a jud...
2022.01.28 Motion to Vacate Judgment and Set Aside Default 593
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.28
Excerpt: ...on, defendant explains his ignorance about the need to tender such fees, including the defective advice he received from a third‐party legal service provider, which together qualifies for discretionary relief under Code of Civil Procedure section 473(b). See, e.g., Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 697; Shapiro v. Clark (2008) 164 Cal.App.4th 1128, 1140‐ 1141. Moreover, defendant could have avoided the first appearance fee ...
2022.01.28 Motion for Summary Judgment, Adjudication 932
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.28
Excerpt: ... and the documents of which the Court takes judicial notice – demonstrate that Defendant is entitled to summary judgment. Where a party has made a prima facie showing that it is entitled to summary judgment, it "causes a shift, and the opposing party is then subjected to a burden of production of [their] own to make a prima facie showing of the existence of a triable issue of material fact." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th...
2022.01.26 Demurrer, Motion to Strike 107
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.26
Excerpt: ...fs' causes of action for elder abuse and wrongful death do not state sufficient facts is OVERRULED. However, this Court finds that both causes of action as pled are uncertain and on that ground the Defendants' demurrer is SUSTAINED, with leave to amend. Plaintiffs have not carefully considered the scope of a survival action versus the wrongful death action, and in neither instance are the allegations contained in the complaint adequately tethered...
2022.01.25 OSC Re Contempt 479
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.25
Excerpt: ...he evidence presented is inconclusive and amplified by conjecture. In opposition to the application, Defendant admits to receiving a hierarchy table from his son after the issuance of the injunction and before his son stopped working for Plaintiff. According to Defendant, the hierarchy chart was (1) not proprietary at all, (2) not used in any way and (3) shared for innocent reasons (Defendant's son was “boasting”). Although this hierarchy cha...
2022.01.21 Motion for Attorney Fees, to Strike or Tax Costs 017
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.21
Excerpt: ...the lack thereof. However, petitioners are entitled to fees under CCP §1021.5 because they were successful in an action which has resulted in the enforcement of an important right affecting the public interest, and which conferred a significant benefit to a large class of persons. Additionally, Respondents' request to disallow fees associated with the motion to strike the prayer for attorney fees is GRANTED. Hearing on the Petitioners' motion is...
2022.01.20 Motion to Confirm Writ Hearing and Briefing Procedures for the Remedy Phase 186
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.20
Excerpt: ...tter for “trial” on the merits. Based on the parties' pleadings, the essential dispute apparently centers around the “right” to present “live” testimony at the hearing, including the “right” to do so unique to the fourth cause of action for disgorgement. However, given the unique nature of writ proceedings, there is no “right” to present “live” testimony at any hearing the Court conducts, and a determination by this Court ...
2022.01.20 Demurrer, Motion to Strike 338
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.20
Excerpt: ...endant has not shown clearly, positively and unmistakably from the text alone that Code of Civil Procedure section 340.1(q) and/or Government Code section 905(m) violate either the constitutional right to due process or the proscription against gifts of public funds. Defendant's general demurrers against the first and/or second causes of action for failure to state facts sufficient to state a cause of action are SUSTAINED with twenty (20) days le...
2022.01.19 Motion to Compel Deposition 629
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.19
Excerpt: ... for a deposition. Defendant's request for monetary sanctions is DENIED. Though not in perfect form, plaintiffs' “Notice to Cancel and Reschedule” is the functional equivalent of a motion for an unfiled protective order, which should have caused counsel to resolve the scheduling issue rather than seeking fees and a court order. See CCP §§ 2025.420(b), 2025.450(b)(2); Leko v. Cornerstone Building Inspection Service (2001) 86 Cal.App.4th 1109...
2022.01.13 Motion for Summary Judgment, Adjudication 932
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.13
Excerpt: ...her First Amended Complaint ‐ CONTINUED on the Court's own motion to January 28, 2022, at 8:30 a.m. in Department 24. a) Defendant's moving papers – including its separate statement of undisputed material facts, the declarations of Kaitlin E. Showerman and Armando Flores, the exhibits attached thereto and the documents of which the Court takes judicial notice – demonstrate that Defendant is entitled to summary judgment. Where a party has ma...
2022.01.11 Motion to Compel Responses 287
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.11
Excerpt: ...ponses, no substantial justification or unjust conditions are shown to avoid the imposition of modest sanction. This Court finds that the filing fee of $60, plus 1.5 hours of attorney time, is reasonable, for a total sanction of $750.00 – payable by plaintiffs within 10 days. Defendant to give notice. ...
2021.12.21 Motion to Consolidate Cases, to Continue Trial, to Stay Civil Action, for Protective Order 163
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.21
Excerpt: ...e court finds consolidation is proper because plaintiff has shown the presence of “common question[s] of law or fact.” (Code Civ. Proc., § 1048, subd. (a).) Gregg v. Patrick CV‐21‐002839 is to be consolidated into this action, with CV‐19‐005163 remaining the lead case number. b) The granting of defendant Patrick's consolidation request means this case is no longer at issue, such that all discovery and related deadlines will be calcul...
2021.12.21 Motion for Summary Judgment, Adjudication 932
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.21
Excerpt: ...aint – GRANTED. Defendant Pedro Marquez's Motion for Summary Judgment, or in the alternative, Summary Adjudication as to Each Cause of Action and/or Related Issue Asserted By Plaintiff Maricela Cuevas Perez in Her First Amended Complaint is GRANTED, and the similar motion brought again the claims by Arnulfo Garibay is also GRANTED. The Court GRANTS Defendant's requests for judicial notice number 1 – 8 and SUSTAINS Defendant's objections to th...
2021.12.17 Motion to Strike Improper Damages, Portions of TAC, Demurrer 417
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.17
Excerpt: ...ourth Causes of Action of Plaintiffs' Third Amended Complaint ‐ SUSTAINED, without leave to amend; d) Defendant Doctors Medical Center of Modesto Inc.'s Demurrer to Plaintiffs' Third Amended Complaint – SUSTAINED, WITHOUT leave to amend. (a) The Motion to Strike is MOOT in view of the Court's ruling on the demurrer, above. (b) The Motion to Strike is MOOT in view of the Court's ruling on the demurrer, above. (c) Both causes of action subject ...
2021.12.16 Motion to Compel Responses 750
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.16
Excerpt: ...ion to Compel Responses from Defendant Valiplug, Inc. to Requests for Production; e) Plaintiff and Cross‐ Defendant Rainy Prock's Motion to Compel Responses From Defendant Valiplug, Inc. to Requests for Admission; f) Plaintiff and Cross‐Defendant Rainy Prock's Motion to Compel Responses from Defendant Darron Silva to Requests for Inspection or Production of Documents; g) Plaintiff and Cross‐Defendant Rainy Prock's Motion to Compel Responses...
2021.12.16 Motion for Summary Judgment, Adjudication 932
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.16
Excerpt: ...omplaint – GRANTED. Defendant Candida Marquez's Motion for Summary Judgment, or in the alternative, Summary Adjudication as to Each Cause of Action and/or Related Issue Asserted By Plaintiff Maricela Cuevas Perez in Her First Amended Complaint is GRANTED, and the similar motion brought again the claims by Arnulfo Garibay is also GRANTED. The Court GRANTS Defendant's requests for judicial notice number 1 – 8 and SUSTAINS Defendant's objections...
2021.12.14 Motion to Enter Judgment 162
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.14
Excerpt: ...djudication as to Each Cause of Action and/or Related Issue Asserted by Plaintiff, Arnulfo Garibay, in his First Amended Complaint – GRANTED. Defendant Orlando Torres Marquez's Motion for Summary Judgment, or in the alternative, Summary Adjudication as to Each Cause of Action and/or Related Issue Asserted By Plaintiff Maricela Cuevas Perez in Her First Amended Complaint is GRANTED, and the similar motion brought again the claims by Arnulfo Gari...
2021.12.14 Motion for Summary Judgment 510
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.14
Excerpt: ...OWELL's fencing in the area of the incident are designed and maintained in such a way that it meets or exceeds the requirements set forth in the Food and Agriculture Code.” Plaintiff's expert opines that “[t]he livestock industry standard is to attach fence wires to the inside of the posts” instead of to the outside of the posts, where the expert inferred defendant's wires had been attached, but no source of authority is provided as to why ...
2021.12.10 Motion to Dismiss 129
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.10
Excerpt: ...e policy underlying the dismissal statute, which seeks to prevent unreasonable delays in litigation, the policy is less powerful than that which seeks to dispose of litigation on the merits rather than on procedural grounds.' ” (Wilson v. Sunshine Meat & Liquor Co. (1983) 34 Cal.3d 554, 562–563.) A plaintiff opposing a motion to dismiss on the ground asserted here need only “make[] some showing of excusable delay” (Ibid), and that standar...
2021.12.10 Motion to Compel Arbitration 057
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.10
Excerpt: ...instead deeming the arbitration clause valid. (See, e.g., Samaniego v. Empire Today LLC (2012) 205 Cal.App.4th 1138, 1144–1145.) All evidentiary objections are overruled, either on the merits or because they do not pertain to evidence that was essential to the court's analysis of the motion (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [encouraging parties and trial courts to focus only on “important” objections that “are critical ...
2021.12.09 Motion for Final Approval of Class Action Settlement, for Attorney Fees 157
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.09
Excerpt: ...rator distributing $7,500 of that amount directly to the California Labor and Workforce Development Agency and distributing the remaining $2,500 to the class members. The proposed attorney's fees of $146,666.66 and litigation costs of $12,901.97 are reasonable and shall be approved as payable to class counsel. Also, the proposed service payment for the named plaintiff is hereby approved, and the two named plaintiffs shall equally divide a service...
2021.12.09 Demurrer, Motion to Strike 585
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.09
Excerpt: ... exists. (See, e.g., New v. Consolidated Rock Products Co. (1985) 171 Cal.App.3d., 689–690.) However, such a cause of action must be pled with particularity. (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 526; see also Snider v. Whitson (1960) 184 Cal.App.2d 211, 214 [“Where a plaintiff relies upon wilful misconduct there are sound reasons why he should be required to state the facts more fully than in ordinary negligence cases so that it may ...
2021.12.09 Demurrer 432
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.09
Excerpt: ...t to fail because Atlantic allowed the Machado defendants but not plaintiffs to withdraw from the sale without consequence, thereby protecting the Machado defendants at plaintiffs' expense when the Atlantic defendants were allegedly obligated to represent each set of parties equally. Because plaintiff's allegations are focused on the structure of the sale rather than advice about the sale, the court also disagrees that “Plaintiffs' entire claim...
2021.12.02 Motion to Declare Vexatious Litigants 071
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.02
Excerpt: ...t and obsessive” litigants. Thompson v. Ioane (2017) 11 Cal.App.5th 1180, 1198. Section 391 provides, in pertinent part, as follows: (b) “Vexatious litigant” means a person who does any of the following: (1) In the immediately preceding seven‐year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (...
2021.11.30 Motion to Dismiss, Demurrer 129
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.30
Excerpt: ...court by Code of Civil Procedure section 583.420 in favor of granting the motion at this time. “ ‘Although a defendant is entitled to the weight of the policy underlying the dismissal statute, which seeks to prevent unreasonable delays in litigation, the policy is less powerful than that which seeks to dispose of litigation on the merits rather than on procedural grounds.' ” (Wilson v. Sunshine Meat & Liquor Co. (1983) 34 Cal.3d 554, 562–...
2021.11.18 Motion to Disqualify Counsel 071
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.18
Excerpt: ... to declare Plaintiff Harpreet Dhaliwal a vexatious litigant. Code of Civil Procedure section 391.6 states (in pertinent part): “Except as provided in subdivision (b) of Section 391.3, when a motion pursuant to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10 days after the motion shall have been denied, or if granted, until 10 days after the required security has been furnished, ...
2021.11.17 Motion for Partial Judgment on the Pleadings 750
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.17
Excerpt: ... that the causes of action for defamation and fraud must each be pled with specificity, and that the cross‐complaint fails to meet that standard. (See, e.g. Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 [“In California, fraud must be pled specifically; general and conclusory allegations do not suffice.”]; Kahn v. Bower (1991) 232 Cal.App.3d 1599, 1612 [discussing pleading rules for defamation claims].) It also appears that each cause o...
2021.11.17 Demurrer, Motion to Strike 107
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.17
Excerpt: ... and reminds plaintiff that elder abuse must be pled with specificity. At present, this court is having difficulty seeing how the decedent's final fall was the result of “abuse” or “neglect” within the meaning of the Elder and Dependent Adult Civil Protection Act because the complaint admits that by that time the facility had provided a shower chair and staff was present. The cause of action for wrongful death is also uncertain, because i...
2021.11.16 Motion for Summary Judgment, Adjudication 453
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.16
Excerpt: ...s that plaintiff's injuries were caused by bedbugs, but that fact is not in dispute. Mr. Brown's declaration opines that defendant must have been negligent but states no basis for that opinion. It therefore cannot meet plaintiff's burden in opposition on summary judgment. “An expert's speculations do not rise to the status of contradictory evidence, and a court is not bound by expert opinion that is speculative or conjectural. [Citations.] Plai...
2021.11.09 Motion for Summary Judgment, Adjudication 932
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.09
Excerpt: ...Perez, in Her First Amended Complaint – GRANTED. a) Defendant's moving papers – including his separate statement of undisputed material facts, his declaration, the declarations of Kaitlin E. Showerman and Armando Flores, and the exhibits attached thereto – demonstrate that Defendant is entitled to summary judgment. Where a party has made a prima facie showing that he is entitled to summary judgment, it "causes a shift, and the opposing part...
2021.11.09 Motion for Summary Judgment 441
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.09
Excerpt: ...pon which is sought summary adjudication.) UMF No. 14, states, essentially that the 2006 Prothers Agreement carved out a portion of the [property at issue herein] to be treated differently, stating (and the Court is paraphrasing here in an attempt to be clear): Prothers shall retain grazing rights … [on the property in question]. This description of the “carve out” is not necessarily accurate, as noted by the Defendants in their opposition ...
2021.11.05 Motion for First Amended Consolidated Verified Petition for Writ of Administrative Mandamus, for Attorney Fees 017
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.05
Excerpt: ...tition for Writ of Mandate and directing Respondent to notify the Department of Justice that the reports of child abuse filed with it involving Petitioners have been determined to be “unfounded” and request Petitioners' immediate removal from California's Child Abuse Central Index (CACI) database. In addition, the Court would issue a writ directing Respondent to update the Child Welfare System/Case Management System (CWS/CMS, CWS‐CARES) to ...
2021.11.04 Motion to Deem RFAs Admitted, to Compel Further Responses, to Amend Complaint 851
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.04
Excerpt: ...ynne's Motion to Deem Requests for Admission Admitted and Request for Monetary Sanctions is GRANTED and unopposed. The Requests for Admission, Set One, served on Plaintiff Ernest Latta on or about March 25, 2021, are hereby DEEMED ADMITTED. Defendant Sharon Wynne is awarded mandatory sanctions pursuant to Code of Civil Procedure section 2033.280(c) in the amount of $335. Plaintiff Ernest Latta is directed to pay the monetary sanctions directly to...
2021.11.04 Motion for Summary Judgment, Adjudication 932
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.04
Excerpt: ... First Amended Complaint; c) Defendant Sofia‐Esther Marquez's Motion for Summary Judgment or, in the alternative, Summary Adjudication as to Each Cause of Action and/or Related Issue Asserted by Plaintiff, Arnulfo Garibay, in his First Amended Complaint; d) Defendant Cuauhtemoc Torres Marquez's Motion for Summary Judgment or, in the alternative, Summary Adjudication as to Each Cause of Action and/or Related Issue Asserted by Plaintiff, Maricela...
2021.11.03 Demurrer and Special Demurrer 353
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.03
Excerpt: ... (UVTA) and demurrer 8 – to the second UVTA “count” ‐ are OVERRULED. The first and second counts state facts sufficient to constitute a cause of action under the UVTA. Demurrers 4, 9, 14 and 19 – alleging the complaint is “uncertain” because Plaintiff erred in naming “Robert Carlson” instead of “Robert Crabtree” a handful of times – are OVERRULED. The error does not render the complaint uncertain in the manner required by ...
2021.10.26 Motion to Tax Costs 699
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.10.26
Excerpt: ..., or the plaintiff continued to litigate after it clearly became so.” (Gov't Code, § 12965(b); Cal. Prac. Guide Employment Litigation (TRG 2021) Ch. 17‐G, § 17:1572‐1572.1 [effective 1‐1‐19, prevailing defendant in a FEHA action may recover costs and fees only if the court finds that the plaintiff's action was “frivolous, unreasonable, or groundless,” etc., regardless of whether the plaintiff rejected a statutory offer to compromi...
2021.10.26 Demurrer 469
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.10.26
Excerpt: ...nia (1995) 33 Cal.App.4th 1767, 1773 fn. 2 [“We may properly take judicial notice of these documents. However, we remind respondent we do not take judicial notice that everything contained in these documents is true”], citing Shaeffer v. State of California (1970) 3 Cal.App.3d 348, 354.) When considered in the context of the allowable use of judicial notice to contradict the allegations of the pleadings that otherwise must be accepted as true...
2021.10.20 Petition to Confirm Arbitration Award and Judgment 126
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.10.20
Excerpt: ... part and DENIED in part. The Court DENIES Defendants' motion to the extent it requests “correction” of the arbitrator's award and GRANTS Defendants' motion in all other respects confirming the arbitrator's Final Award as follows: Arbitral finality is a core component of the parties' agreements to submit to arbitration. As a result, this Court is generally powerless to review the arbitration awards for errors of fact or law, even when those e...

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