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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...
2019.12.19 Petition to Compel Arbitration, to Stay Action 799
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.12.19
Excerpt: ... by Ms. Weese pursuant to the power of attorney executed by Ms. Kraus in 2015, the agreement does not demonstrate unanimous action by both of Ms. Kraus' designated representatives (Prob. Code §4202(b)) and Defendant submits no evidence that unanimous action was not required. (Prob. Code §4202(d).) The Court further notes Defendant's acknowledgement that, in any case, the alleged arbitration agreement does not apply to Plaintiffs' wrongful death...
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...
2019.12.17 Motion for New Trial 681
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.12.17
Excerpt: ...ted by substantial evidence. Plaintiffs correctly proffer that whether the design of the accident intersection was dangerous is beyond the common lay understanding under Evidence Code §801(a) and therefore properly a matter for expert testimony. At trial, Plaintiffs' expert, Dale Dunlap, rendered his opinion that the intersection in dispute was in a dangerous condition at the time of the accident. Mr. Dunlap is a Traffic Engineer with over thirt...
2019.12.10 Petition to Compel Arbitration and Stay Action 126
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.12.10
Excerpt: ...tion designed to protect the public, and the State remains the real party in interest. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4 th 348, 381.) Therefore, a pre-dispute agreement to such claims to arbitration cannot be enforced without evidence of the State's consent to such terms. (Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App.5 th 602 ...
2019.12.5 Motion to Compel Arbitration, Request for Stay, for Costs 748
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2019.12.5
Excerpt: ...can Arbitration Association, … or any other organization to conduct the arbitration subject to our approval.” Plaintiff contends that this sentence makes AAA one of her choices, and that 2WIN's approval is required only if she chooses an entity other than AAA. Defendant contends that the sentence gives it absolute veto power over any choice Plaintiff might make. The Court concludes that the sentence is ambiguous, and therefore should be const...
2019.3.12 Application for Writ of Possession 961
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.3.12
Excerpt: ...claim against Defendant Rodriguez. The Court further finds that Plaintiff's evidence indicates that Defendant has no equity in the property. Therefore, the Court is inclined to order that the undertaking requirement is waived as to Plaintiff and to require Defendant to file an undertaking in the amount of $32,420.31 as a redelivery bond. (Code Civ. Proc. §§515.010(b), 515.020.) Subject to those terms, the Court is inclined to order that the wri...
2019.2.27 Motion for Terminating Sanctions 150
Location: Stanislaus
Judge: Silveira, Marie S
Hearing Date: 2019.2.27
Excerpt: ...aintiff's “discovery abuses were ‘willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules.' ” (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 994.) Should the court make this order at the hearing as intended, defendant's request for issue, evidentiary and/or contempt sanctions is denied as moot. Finally, the court denies defendant's request ...
2019.2.26 Motion for Summary Judgment, Adjudication 399
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.2.26
Excerpt: ...ue of material fact. (Code Civ. Proc. §437c(p)(2).) The Court finds that Plaintiff has failed to meet his burden in this regard. Specifically, the undisputed facts establish that the written lease agreement and subsequent amendment set forth specific terms and conditions for Plaintiff's effective exercise of the purchase option at issue, that the parties agreed thereto, and that Plaintiff failed to fulfill such terms with regard to the subject p...
2019.2.22 Motion to Quash Subpoenas 790
Location: Stanislaus
Judge: Silveira, Marie S
Hearing Date: 2019.2.22
Excerpt: ...itioners have provided Respondent with the transcripts of the recordings of the calls that are the subject of this petition and will produce the audio recordings of these calls to Respondent. Respondent's subpoena demanding additional documents, to the extent any exist, and the attendance of additional witnesses at the hearing, is unnecessarily burdensome and an improper attempt to conduct discovery under the limited restraining order statutory s...
2019.2.22 Motion for Summary Judgment 704
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.2.22
Excerpt: ...r burden in this regard. Specifically, Plaintiffs have failed to demonstrate facts establishing that Defendant had actual or constructive knowledge of the alleged latent defect on the premises. Moreover, the law does not support Plaintiffs' theory that notice was imputed to Defendant in connection with alleged defects in the original design and/or construction of the premises under the circumstances in this case. (RSB Vineyards, LLC v. Orsi (2017...
2019.2.21 Motion to Quash Subpoenas 790
Location: Stanislaus
Judge: Silveira, Marie S
Hearing Date: 2019.2.21
Excerpt: ...itioners have provided Respondent with the transcripts of the recordings of the calls that are the subject of this petition and will produce the audio recordings of these calls to Respondent. Respondent's subpoena demanding additional documents, to the extent any exist, and the attendance of additional witnesses at the hearing, is unnecessarily burdensome and an improper attempt to conduct discovery under the limited restraining order statutory s...
2019.2.21 Motion for Summary Judgment 704
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.2.21
Excerpt: ...r burden in this regard. Specifically, Plaintiffs have failed to demonstrate facts establishing that Defendant had actual or constructive knowledge of the alleged latent defect on the premises. Moreover, the law does not support Plaintiffs' theory that notice was imputed to Defendant in connection with alleged defects in the original design and/or construction of the premises under the circumstances in this case. (RSB Vineyards, LLC v. Orsi (2017...
2019.2.19 Motion for Summary Judgment, Adjudication 798
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2019.2.19
Excerpt: ... the issue of whether the component part (i.e. the NRS cooler) constituted a separate product from the engine, such that application of the economic loss rule is barred by application of the factors articulated in KB Home v. Superior Court (Consolidated Industries Corp.) (2003) 112 Cal.App.4th 1076. (See Facts 2, 3 and Plaintiff's Additional Facts 17-21.) Therefore, the facts herein are not susceptible of only one legitimate inference, and the is...
2019.2.19 Petition to Compel Arbitration of Grievance 931
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.2.19
Excerpt: ... appropriately submitted within the timeline established by the agreement, subject to the agreed modification by the parties in the interest of allowing for extended informal discussions. Respondent's argument with regard to the viability of Petitioners' underlying claim is akin to a statute of limitations defense requiring inquiry into the substantive merits of the matter. Such determination falls within the purview of the arbitrator, not the co...
2019.2.15 Motion for Summary Adjudication 798
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2019.2.15
Excerpt: ... the issue of whether the component part (i.e. the NRS cooler) constituted a separate product from the engine, such that application of the economic loss rule is barred by application of the factors articulated in KB Home v. Superior Court (Consolidated Industries Corp.) (2003) 112 Cal.App.4th 1076. (See Facts 2, 3 and Plaintiff's Additional Facts 17-21.) Therefore, the facts herein are not susceptible of only one legitimate inference, and the is...
2019.2.15 Demurrer, Motion to Strike Punitive Damages 129
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.2.15
Excerpt: ... motion to strike the Plaintiff's prayer for punitive damages is GRANTED, without leave to amend. Pursuant to Government Code section 818, public entities in California are immune from liability for punitive damages. Plaintiff has leave to amend the second cause of action of her Complaint as noted and her First Amended Complaint shall be filed not later than February 25, 2019, pursuant to California Rules of Court, rule 3.1320(g). ...
2019.2.15 Petition to Compel Arbitration of Grievance 931
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2019.2.15
Excerpt: ... appropriately submitted within the timeline established by the agreement, subject to the agreed modification by the parties in the interest of allowing for extended informal discussions. Respondent's argument with regard to the viability of Petitioners' underlying claim is akin to a statute of limitations defense requiring inquiry into the substantive merits of the matter. Such determination falls within the purview of the arbitrator, not the co...
2019.2.14 Motion for Mental Exam 488
Location: Stanislaus
Judge: Silveira, Marie S
Hearing Date: 2019.2.14
Excerpt: ...se inappropriate.” Additionally, once the Defendants' examiner identified the potential tests that he might employ, there was no requirement that he identify in advance all of the specific tests he would actually conduct, since the ultimate selection depends upon the Plaintiff's presentation of his injuries during the examination. ...
2019.2.14 Demurrer 930
Location: Stanislaus
Judge: Silveira, Marie S
Hearing Date: 2019.2.14
Excerpt: ...s' vision of the crosswalk – is transitory and has nothing to do with the design of the crosswalk. This is insufficient to allege a dangerous condition of public property. See e.g. Erfurt v. The State of California (1983) 141 Cal.App.3d 837. In Erfurt, Plaintiff alleged physical characteristics of the freeway in question were “dangerous” including: (1) the three-lane freeway split into a “Y,” (2) a concrete pillar that supported an over...
2019.2.14 Motion for Sanctions and Cost Reimbursement 561
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.2.14
Excerpt: ...exas for them), the “non-refundable” costs might have been avoided. Equally, Defendant's counsel could have communicated his unavoidable conflict a few days earlier – which may have made a difference with regard to the Plaintiffs' “non-refundable” costs. The miscommunication related to the November 9, 2018, fax is immaterial to a consideration of sanctions – but just another example of the lack of effective communication between the p...
2019.2.8 Motion for Preliminary Approval of Class Action Settlement 659
Location: Stanislaus
Judge: Silveira, Marie S
Hearing Date: 2019.2.8
Excerpt: ...ement agreement. Of course, the Court has discretion to approve a reversionary settlement (one that provides that unpaid residual funds will be returned to defendant), but such settlements are difficult to evaluate for fairness. If a reversionary settlement is negotiated, the parties should articulate the reasons it is in the class' best interests and the trial court's order should address that issue. (See In re Microsoft I-V Cases (2006) 135...
2019.2.7 Motion for Preliminary Approval of Class Action Settlement 659
Location: Stanislaus
Judge: Silveira, Marie S
Hearing Date: 2019.2.7
Excerpt: ...ement agreement. Of course, the Court has discretion to approve a reversionary settlement (one that provides that unpaid residual funds will be returned to defendant), but such settlements are difficult to evaluate for fairness. If a reversionary settlement is negotiated, the parties should articulate the reasons it is in the class' best interests and the trial court's order should address that issue. (See In re Microsoft I-V Cases (2006) 135...
2019.2.5 Motion for Appointment of Provisional Director, for Stay of Civil Proceedings 302
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2019.2.5
Excerpt: ...If the parties, through counsel, are unable to agree on 3 potential appointees, then each party shall separately submit 2 such recommendations. Such recommendations for potential appointees, together with a statement of each individual's qualifications, shall be submitted to the Court within 20 days. b) Defendant's Motion for Stay of Civil Proceedings – GRANTED, in part. The Court has considered the nature and extent of the competing interests ...
2019.2.5 Motion to Change Venue 452
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2019.2.5
Excerpt: ...he trust in Santa Clara County by virtue of his June 2016 “Petition for Settlement of Final Account” filed in Case No. 1-15-PR-177570; and the fact that Ms. Webb in her capacity as the current successor co-trustee plans to continue administration of the trust in Santa Clara County Case No. 1-15-PR-177570 by preparing an additional accounting of the trust and filing it in Santa Clara County. The motion to dismiss the petition is DENIED. Additi...

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