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2021.03.12 Demurrer, Motion to Strike 162
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.12
Excerpt: ...ated to injuries plaintiff allegedly sustained in a motor vehicle accident that occurred on Highway 49. Defendant California Dept. of Parks and Recreation demurs to the two causes of action on the following grounds: the 2nd amended complaint fails to allege sufficient facts to constitute a cause of action for vicarious liability under Government Code, § 815.2; the 2nd amended complaint fails to allege sufficient facts to state a cause of action ...
2021.03.05 Motion to Transfer Case 329
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.05
Excerpt: ...on to the South Lake Tahoe Session of the El Dorado County Superior Court on the ground that defendant resides in South Lake Tahoe and the incident allegedly occurred in South Lake Tahoe. Defendant Rodeway Inn Casino Center's counsel declares: to require trial of the matter in Cameron Park would add substantially to the cost of trial and greatly inconvenience all the parties and witnesses; during the course of trial, counsel will request the cour...
2021.03.05 Motion to Set Aside and Vacate Default Judgment 273
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.05
Excerpt: ... 2013: defendants David Sisson and Stacy Sisson were served the summons, complaint, ADR package, civil case cover sheet, notice to litigants, and blank case management statement by substituted service at their home located at a specific address in Shingle Springs, CA by serving John Doe occupant at that address at 9:40 a.m. on July 8, 2013 after two prior attempts to serve them at that address with an occupant claiming on May 26, 2013 that the de...
2021.03.05 Motion to Compel Arbitration and Stay Proceedings 597
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.05
Excerpt: ...agreed to arbitrate all disputes that may arise out of the employment context. Defendants argue: the agreement executed by plaintiff provides for binding arbitration of any claim, dispute, and/or controversy that either party may have against one another, including any FEHA discrimination or harassment claims, which would otherwise require or allow resort to any court or other governmental dispute resolution forum between the employee and the Com...
2021.03.05 Demurrer, Motion to Strike 069
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.05
Excerpt: ...n of Civil Code, § 5100 cause of action on the following grounds: the violation of Civil Code, § 5100 cause of action fails to allege sufficient facts to state a cause of action and is fatally uncertain; the plaintiffs failed to cure the defect identified in the ruling on the demurrer to that cause of action in the 1st amended complaint of failure to allege the damages sustained by the defendants as individual members; and the individual plaint...
2021.03.05 Demurrer 464
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.05
Excerpt: ... defendant named in the action was defendant Blain Stumpf who was allegedly liable as the alter ego of defendant BST Services Inc., d.b.a. Blain Stumpf Trucking. Case numbers PC‐201090427 and PC‐ 20200464 were consolidated with PC202190427 designated the lead case. Defendant Stumpf demurs to the negligence cause of action on the following grounds: owners of small business corporations are not personal guarantors of every tort of those corpora...
2021.03.05 Demurrer 066
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.05
Excerpt: ...ons of conversion are conclusionary and he is only mentioned by name in paragraph 37; and cross‐defendant Matthew Schneider was totally uninvolved with the contract between the cross‐ complainant and cross‐defendant Tiana Schneider. Cross‐Complainant opposes the demurrer on the following grounds: cross‐defendant failed to attempt to meet and confer prior to the filing of the demurrer; the conversion cause of action against cross‐defen...
2021.02.26 Petition to Confirm Arbitration Award 636
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.26
Excerpt: ...y the arbitration award.” (Code of Civil Procedure, § 1285.) “A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner.” (Code of Civil Procedure, § 1288.) “A...
2021.02.26 Motion for Mistrial, to Consolidate 241
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.26
Excerpt: ...ned that there was an enforceable oral shareholder agreement between the three parties in this action for equal shareholder interests in the subject corporation, the contract continues to the present day, and the action against defendant is not time‐barred. The Phase Two trial date on the remainder of the case will be re‐set at an upcoming trial setting conference. Defendant Hamid moves for the court to issue an order declaring a mistrial of ...
2021.02.26 Anti-SLAPP Motion to Strike 539
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.26
Excerpt: ... Country Homeowners' Association, Randall Benton, Charlene Ott, and Robert Vannucci in case number PC‐20170366 asserting that they breached their warranty of authority to enter into the MOU that resulted in the Bowmans' entitlement to use of the subject road. After the conclusion of a five day court trial the court issued its ruling after trial on January 1, 2019. The Judgment was entered on April 12, 2019 in favor of the Bowmans on the complai...
2021.02.19 Application for Right to Attach Order, Writ of Attachment 528
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.19
Excerpt: ...C. Plaintiff filed a complaint asserting a breach of promissory note cause of action against defendant Thirty Three Thirty Three, LLC and a breach of guarantee cause of action against defendants Thomas and Fishman. On November 13, 2021 the court issued temporary protective orders against defendants that secured the amount of $40,000, which expired by its terms 40 days later. (See Temporary Protective Orders, paragraphs 3.d.(3).) Plaintiff seeks i...
2021.02.19 Application for Writ of Possession 634
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.19
Excerpt: ...suance of a prejudgment writ of possession. Plaintiff's Director of Resolution and Recovery declares the following in support of the application: on February 22, 2018 plaintiff and defendant entered into a written rental purchase agreement wherein defendant received possession of a portable storage building, plaintiff retained ownership of the building until paid in full, and after full payment defendant would acquire ownership; pursuant to the t...
2021.02.19 Motion to Compel Arbitration 164
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.19
Excerpt: ...on submitted in support of the motion as Exhibit A is an unexecuted copy of the alleged agreement, which includes an arbitration provision that states: “You and Serrano Country Club agree to resolve any and all claims arising out of or related to your employment application, or candidacy for employment, or if hired, any claim related to your employment or employment termination exclusively through final and binding arbitration before a neutral ...
2021.02.19 Motion to Transfer Venue 591
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.19
Excerpt: ...a Clara County Superior Court on the following grounds: the subject accident allegedly occurred in Santa Clara County; no treating health care providers reside in El Dorado County; two witnesses identified by plaintiff reside in Santa Clara County; an additional witness resides in Alameda County, which is adjacent to Santa Clara County; despite having alleged in the complaint that plaintiff resides in El Dorado County, plaintiff testified in his ...
2021.02.19 OSC Re Preliminary Injunction, TRO 127
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.19
Excerpt: ...or booby‐ trapping the rental premises. The TRO expires on February 19, 2021. On that same date the court issued an OSC directed at defendant to show cause why the court should not issue an order restraining and enjoining defendant during the pendency of this action from blocking, obstructing, or booby‐trapping the subject residence; and removing all boxes barricading the rental premises and a trip wire across the path leading to the rental p...
2021.02.05 Application for Right to Attach Order and for Writ of Attachment 633
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.05
Excerpt: ...dant GoldLine Brands, Inc. (6) Application for Right to Attach Order and for Writ of Attachment Re: Defendant Roundhay Regional Center, LLC. (7) Defendant Osur's Claim of Exemption. (8) Defendant Haley's Claim of Exemption. Applications for Right to Attach Orders and for Writs of Attachment Re: Defendant Haley, Defendant Osur, and Defendant Roundhay Properties, LP Plaintiff filed a 1 st amended complaint against numerous defendants asserting the ...
2021.01.29 Motion for Summary Judgment 378
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.29
Excerpt: ...ities Code, § 2106; breach of implied warranty of fitness for a particular purpose; and loss of consortium. Defendant Liberty Utilities demurs to all causes of action on the following grounds: plaintiffs can not establish a negligence cause of action, because there is no evidence to support a finding that defendant Liberty Utilities breached any duty owed to them as defendant exercised the degree of ordinary care that can be reasonably be expect...
2021.01.22 Motion for Judgment on the Pleadings, for Summary Adjudication 617
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.22
Excerpt: ...South Lake Tahoe for the sum of $80,000 with the escrow to close on or before September 30, 2017. Defendant moves for entry of judgment on the pleadings without leave to amend on the following grounds: the court can not order specific performance of the terms of the agreement, because the agreement expressly required that the escrow on the transfer of the real property interest was to close by September 30, 2017 and it is now impossible for any s...
2021.01.22 Demurrer, Motion to Strike 309
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.22
Excerpt: ...f emotional distress, negligent interference with prospective economic advantage and tort of another causes of action of the cross‐complaint of cross‐complainant Legacy Family Adventures with ten days leave to amend and dropped the motion to strike that pleading as moot. The 1st amended cross‐ complaint was filed on October 19, 2020. The proof of service of notice of entry of the order declares that the order was served by email on the inte...
2021.01.22 Application for Right to Attach Order and for Writ of Attachment 633
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.22
Excerpt: ...dant GoldLine Brands, Inc. (6) Application for Right to Attach Order and for Writ of Attachment Re: Defendant Roundhay Regional Center, LLC. TENTATIVE RULING # 3: THESE MATTERS ARE CONTINUED TO 8:30 A.M. ON FRIDAY, FEBRUARY 5, 2021 IN DEPARTMENT NINE. Law and Motion Calendar – Department Nine (8:30 a.m.) January 22, 2021 4 4. VU v. FEITSER PC‐20180223 Plaintiffs' Motion to Compel Responses to Requests for Production and Special Interrogatorie...
2021.01.15 Motion to Strike 473
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.15
Excerpt: ...unds: plaintiff failed to allege facts of intent to cause injury; the despicable conduct allegations are pled in a conclusory fashion; driving while old and in deteriorating health is not despicable conduct; the only behavior alleged in the complaint is alleged negligence conduct while defendant was old; the alleged facts do not support the kind of vile and contemptible conduct by defendant that is required to claim punitive damages for the motor...
2021.01.15 Demurrer, Motion to Strike 252
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.15
Excerpt: ...tive damages Defendants Michael Shinall and Patricia Shinall (Defendants Shinall) in a single motion demur to the 1st cause of action for negligence and 6th cause of action for intentional infliction of emotional distress and move to strike the punitive damages allegations. The court will address the arguments related to the motion to strike in the motion to strike portion of this ruling. Defendants Shinall demur to the 1st cause of action for ne...
2021.01.15 Demurrer 633
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.15
Excerpt: ...s on the following grounds: defendant GoldLine Brands, Inc. can not maintain demurrers to the fraud and deceit, negligent misrepresentation, and conversion causes of action, because it is a suspended corporation that may not defend itself against this action; and the 1st amended complaint sufficiently alleges a breach of contract cause of action against defendant Raas, because he was not an agent or vice‐ president of defendant Roundhay Partner...
2021.01.15 Demurrer 101
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.15
Excerpt: ...king the lease agreement illegal; defendants' continued tenancy is protected by Civil Code, § 1511 as defendant has been ordered to shelter in place due to COVID‐19 and his ability to pay rent has been impaired; the three day notices were improperly served in that they were not served by mail; and plaintiff failed to follow the requirements of the COVID‐19 Tenant Relief Act of 2020 as the plaintiff incorrectly stated on the mandated Judicial...
2021.01.08 Motion for Judgment on the Pleadings 805
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.08
Excerpt: ...nt was received on March 28, 2019. Defendant answered the complaint by Judicial Council Form (Form PLD‐C‐010.) The form answer admits all of the allegations of the complaint, except paragraph 10.a, which defendant asserts is false. Paragraph 10.a. prays for damages in the amount of $8,269.80. Defendant did not assert any affirmative defenses to the action. Plaintiff moves for entry of judgment on the pleadings on the grounds that the complain...

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