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2018.7.12 Motion to Tax or Strike Costs 288
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.7.12
Excerpt: ...In opposing the motion, Defendants argue that deposing Mr. Neuman was “reasonably necessary” in their trial preparation and that their payment of his fee was required by Government Code section 68092.5, subdivision (a). Defendants cite two cases as purported authority for the Court's exercise of its discretion to allow this cost. The cited passage of Stiles v. Estate of Ryan (1985) 173 Cal.App.3d 1057 is not on point, as the Stiles court was ...
2018.7.12 Motion to be Relieved as Counsel 327
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.7.12
Excerpt: ...the following analysis: California Rules of Court, rule 3.1362, subdivision (d) sets forth the service requirements when counsel seeks to be relieved pursuant to Code of Civil Procedure section 284, subdivision (2). The declaration filed on March 16, 2018, in support of the instant motion states that counsel personally served Plaintiff with copies of the motion papers and that a copy of the proof of service will be filed at least five days prior ...
2018.6.29 Motion to Enforce Settlement 051
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.6.29
Excerpt: ...owes to Plaintiffs Norman F. Perry and Tera Oblender‐Perry pursuant to paragraph 6 of the stipulated judgment. However, Mr. Perry has not filed any actual evidence of either Plaintiffs' compliance or Mr. Shea's noncompliance with the terms of the stipulated judgment. ...
2018.6.29 Motion to be Relieved as Counsel 327
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.6.29
Excerpt: ...otion states that counsel personally served Plaintiff with copies of the motion papers and that a copy of the proof of service will be filed at least five days prior to the hearing. However, as of June 27, 2018, Plaintiff's counsel had not filed proof of personal service. Instead, the proof of service filed on March 16, 2018, and the amended proof of service filed on March 28, 2018, reflect service by U.S. mail. The supporting declaration does no...
2018.6.15 Motion to Set Aside Entry of Default 140
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.6.15
Excerpt: ...ner. Paragraph 5 of the complaint explains that the six named defendants are not natural persons but instead are a public entity: the California Department of Corrections and Rehabilitation. On January 27, 2017, Plaintiff filed proofs of service of the summons, complaint, and other documents on these six persons in their capacities as individual defendants. Service was completed by a clerk in the sheriff's office in Sonora. The proofs of service ...

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