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191 Results

Location: Calaveras x
2021.12.07 Motion to Strike 154
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.07
Excerpt: ...ivate nuisance. Pursuant to CCP §§ 435 and 436, a party may move for an order striking from a pleading “any irrelevant, false or improper matter” or “any part of any pleading not drawn in conformity” with laws, rules or orders. A motion to strike is to be used sparingly, and only as is warranted to excision averments that have no basis in the action or which are not recoverable as a matter of law. See Ferraro v. Camarlinghi (2008) 161 C...
2021.12.03 Motion for Attorney Fees 810
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.03
Excerpt: ...ng party in a civil action may recover, as a matter of right, attorney's fees when authorized by contract or statute. The “prevailing party” is the party with a net monetary recovery or for whom judgment is entered. (CCP §1032(a)(4).) There is no question here that defendant is the prevailing party, having secured both a judgment in its favor (see 06/18/18 Judgment), as well as in the instant matter an unqualified affirmance before the Third...
2021.12.03 Motion to Deem RFAs Admitted 420
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.03
Excerpt: ... date for compliance on 08/30/21. Defendant did not timely (or ever) serve responses. (See Freshman Decl Para 3.) Pursuant to CCP §2033.280(b), the party propounding RFAs may “move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.” The trial court “shall” grant the motion unless it finds that the party to whom the requests for ...
2021.12.03 Motion for Judgment on the Pleadings 077
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.03
Excerpt: ...er “P&J”). According to the allegations of the operative pleading, both Callison and P&J had vested interests in the referenced real property transaction. On 10/06/21, new counsel for Callison filed a Request for Dismissal on behalf of P&J, despite there being no documentation in the court file that P&J ever retained Attorney Jeffrey in this action or that said counsel had in fact substituted as that party's representative. The dismissal was ...
2021.12.03 Motion for Leave to File Complaint 004
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.03
Excerpt: ...ure to include this language in the notice may be a basis for the Court to deny the motion.” Although defendant is representing himself, he is still required to adhere to all the procedural requirements for law and motion, including all local rules. Based on defendant's failure to include the required language, the motion is DENIED, without prejudice to refile, to the extent it otherwise is timely and appropriate pursuant to relevant statutes. ...
2021.11.19 Motion to Set Aside Default Judgment 405
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.19
Excerpt: ..., plaintiffs commenced the within action, naming “Sherry Crum” as a codefendant. On 09/09/20, plaintiffs effectuated substituted service upon “Sherry Crum” by leaving a copy of the summons and complaint with “Thomas Crum (an occupant)”. On 10/27/20, plaintiffs filed and served a Request for Entry of Judgment against “Sherry Jeffcrum” to the same address used for substituted service; Default was entered. On 07/01/21, this Court –...
2021.11.19 Motion for Leave to File SAC 103
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.19
Excerpt: ...s a desire to specify additional building standards. To amend a pleading already at issue, the sponsoring party is required first to seek leave of court by way of noticed motion. (CCP §473(a)(1).) Motions for leave are to follow the regular notice requirements contained in CCP §1005(b). Pursuant to California Rules of Court, Rule 3.1324, the moving party must: a) Specify in the moving papers by page, paragraph, and line number the allegations p...
2021.11.12 Objection to Violation of Stipulation, Request for Sanctions 171
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.12
Excerpt: ... defective because there is no indication in the moving papers that petitioner served a copy of the motion and waited the required 21 days “safe harbor” before filing this motion. (See CCP §128.7(c)(1); Primo Hospitality Group, Inc. v. Haney (2019) 37 Cal.App.5th 165, 173‐174; Martorana v. Marlin & Saltzman (2009) 175 Cal.App.4th 685, 698.) The safe harbor period is mandatory, and the full 21 days must be provided absent a court order shor...
2021.11.12 Motion to Enforce Settlement 331
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.12
Excerpt: ...l be scheduled. According to plaintiffs' counsel, the parties also agreed that if the survey showed encroachments, “they would be removed.” On 05/21/19, defendant Carol Gordon passed away. The oral settlement was never reduced to writing. On 04/10/20, plaintiffs filed a “Creditor's Claim” in a related Heggstad petition for the ostensible purpose of protecting the oral settlement. (See 19PR8204.) On 05/04/20, the estate tendered to plainti...
2021.11.05 Motion to Transfer Action, for Attorney Fees 397
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.05
Excerpt: ... provide defendant (homeowner) with landscape services for a fixed amount of $9,480.00. According to plaintiff, this was a heavily discounted estimate, offered on defendant's promise that she had more future projects. Apparently, those “other” projects never came to fruition, and the former working relationship degenerated. On 09/05/20, defendant filed a small claims action (apparently in Contra Costa or Alameda County) against plaintiff and ...
2021.11.05 Motion to Expunge Lis Pendens 713
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.05
Excerpt: ...cial Notice is granted pursuant to Evidence Code Sections 452 and 453 as to all eight offered exhibits; see 18CV43734 and 19CV44032). (This is a renewed motion, the prior having been denied without prejudice for failing to comply with Local Rule 3.3.7.) Pursuant to CCP §405.30, anyone with an interest in real property may move a court for an order expunging a lis pendens. A court “shall” grant a motion to expunge if either of the following c...
2021.11.05 Motion to Deem Matters Admitted 502
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.05
Excerpt: ...erved upon defendant Requests for Admission, Set One, by regular US Mail at defendant's service address. Pursuant to CCP §§ 1013 and 2033.250, defendant had 35 days from the mailing to provide a verified written response. Defendant did not timely (or ever) serve responses. (See Kenosian Declaration, Paragraph 5.) Pursuant to CCP §2033.280(b), the party propounding RFAs may “move for an order that the genuineness of any documents and the trut...
2021.11.05 Motion to Consolidate Complaints for Quiet Title 758
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.05
Excerpt: ...g Claim, (hereinafter referred to as “subject property”). Before the Court is an unopposed motion to consolidate this civil action with a nearlyidentical civil action filed by plaintiffs (21CV45366). Both lawsuits involve claims of adverse possession to the same property by the same putative owners against many of the same defendants. Both complaints were verified (though only the 2021 lawsuit was verified by both Gilbert and David). The case...
2021.11.05 Motion for Change of Venue 139
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.05
Excerpt: ...ere they are sued. Venue is not jurisdictional in the fundamental sense, though certain actions can “only” be brought in specific counties. The test largely begins with whether the main relief sought in the original operative pleading relates to rights in realty (local) or personalty (transitory). Venue is to be determined at the outset of the action based on the averments set forth in the operative pleading when the motion to transfer is fir...
2021.10.29 Motion for Judgment on the Pleadings 407
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.10.29
Excerpt: ...ion. A Plaintiff may only move for Judgment on the Pleadings pursuant to Code of Civil Procedure section 438, on grounds “that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Cal Code Civ. Proc., § 438, subd. (c)(1)(A).) “The grounds for motion provided for in this section shall appear on the face...
2021.10.29 Motion to Consolidate Actions for Pre-Trial Purposes 103
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.10.29
Excerpt: ...s, and duplication. As an initial matter, through his support memorandum, Vorhees “requests that Special Master Sarah Burke manage both the Valley Springs and Voorhees matters.” (Support Memo at 6:16‐17.) Voorhees did not, however, include this relief, or the grounds therefore, in the notice of motion. As such, the matter is not properly before the Court through the present motion. (See CCP §1010: “the notice of a motion, other than for ...
2021.10.29 Motion to Compel Responses, Production of Docs 854
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.10.29
Excerpt: ...ct discovery. Moving party has failed to comply with Local Rule 3.3.7, enacted January 1, 2018, in that the Notice of Motion does not include the mandatory language regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐deficient motion. Based solely upon moving party's failure to comply with Local Rule 3.3.7, the motion is DENIED without prejudice ...
2021.10.15 Motion to Strike, Answer, to File Amended Complaint, to Continue Trial Date 298
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.10.15
Excerpt: ...ted, the Court finds that KDI is a suspended corporation. KDI appears to concede the point by failing to file an opposition to the motion. A suspended corporation may not prosecute or defend an action in a California court. (See Ransome‐Crummey Co. v. Super. Ct. (1922) 188 Cal. 393, 396‐97.) Based on the foregoing, the motion is GRANTED. The clerk shall provide notice of this ruling to the parties forthwith. PMZ is to prepare a formal Order p...
2021.10.01 Motion to Compel Further Responses 129
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.10.01
Excerpt: ...esponses are incomplete and evasive. Defendant further requests the Court impose monetary sanctions pursuant to Code of Civil Procedure sections 2030.300 (d) and 2031.310 (h), against Plaintiff and his counsel in the amount of $500. Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint filed in this action. A. INTERROGATORIES A party propounding interrogatories has the burden of filing a motion to co...
2021.10.01 Demurrer 174
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.10.01
Excerpt: ...pecially without a motion required by Rule of Court 8.36.” Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of the subject matters thereof. The gravamen of Defendant's demurrer is that the entire action must be dismissed because the original Plaintiff was not the real party in interest, and further because the original Plaintiff lacked the capacity to maintain an action in California. (See Demurrer at 2:15‐2...
2021.09.24 Motion to Dismiss 112
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.09.24
Excerpt: ...o comply with Local Rule 3.3.7, the motion is DENIED, without prejudice to refile, to the extent it otherwise is timely and appropriate pursuant to relevant statutes. However, the Court additionally notes that all authorities cited by Defendant are to the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and/or federal appellate cases, none of which are applicable to a state court proceeding such as this; even had defendant complie...
2021.09.24 Demurrer 171
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.09.24
Excerpt: ...d to substitute a third amended petition upon conferring with his client but to date has not signed a stipulation regarding same. Concerned about statutory time limits, respondent filed the present demurrer. No opposition has been filed to the demurrer. The Court interprets the uncontroverted assertion that petitioner's counsel agreed to file a third amended petition, in conjunction with the lack of filed opposition to the demurrer, as a tacit ad...
2021.09.03 Motion to Compel Responses 221
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.09.03
Excerpt: ... voluntarily comply with the aforementioned discovery requests.” (Notice of Motion at 1:24‐2:7.) Plaintiffs concede that they have failed to timely produce responses to the subject discovery requests. (See Opposition at 2:8‐14.) Plaintiffs therefore do not oppose the present motion. (See Id. at 2:8‐9.) The Court finds good cause for issuing an order compelling Plaintiffs to produce responses to Defendant's Form Interrogatories Sets One, S...
2021.09.03 Demurrer 843
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.09.03
Excerpt: ...intiff's Complaint on the ground that it fails to state facts sufficient to constitute a cause of action against any of them for Fraudulent Conveyance. (See id. at 2:6‐7.) Defendants first argue that all three causes of action fail as to Defendant Laughlin Trust because a trust cannot be sued. This is true for “an express trust [that is] merely a relationship by which one person or entity holds property for the benefit of some other person or...
2021.08.20 Motion for Leave to File Amended Complaint and Substitute New Class Reps 460
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.08.20
Excerpt: ...n and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of motion.” (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, quoting Tate v. Super. Ct. (1975) 45 Cal.App.3d 925, 930.) “This rule applies even when no notice was given at all.” (Ibid.) The Notice of Motion asserts that Plaintiffs move, pursuant to Code of Civil Procedure sections 473, subdivision (a)(1) and 382, for leave to ...
2021.08.13 Motion for Attorney Fees 132
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.08.13
Excerpt: ...ly to have evidentiary support and/or contained denials of contentions that are not warranted based on the evidence.1 Plaintiff also moves for an award of sanctions against Defendant's counsel Ashley Gonzalez, pursuant to Section 128.7, on the same asserted grounds. As to Plaintiff's request pursuant to section 426.16, “[i]f the court finds that a special motion to strike [brought pursuant to this section] is frivolous or is solely intended to ...
2021.08.06 Petition for Writ of Mandate 275
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.08.06
Excerpt: ...gal non‐ conforming use; [and] (b) direct the [Board] to grant the appeal on the grounds that the Angels Gun Club's activities on [the subject parcels of real property] have expanded and [therefore] no longer constitute a legal non‐conforming use….” (Second Amended Petition (SAP) at 8:22‐27.) “Administrative mandamus under section 1094.5 is appropriate to inquire ‘into the validity of any final administrative order or decision made ...
2021.08.06 Motion to Sever Trial of Complaint from Interpleader Complaint, for Trial Preference 212
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.08.06
Excerpt: ...ocedure Section 1048 governs severance of trial based on causes of action.1 “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross‐complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the...
2021.07.30 Motion for Leave to Amend FAC 119
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.30
Excerpt: ...int (Proposed SAC). “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any term...
2021.07.23 Motion to Compel Arbitration and Stay Further Proceedings 384
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.23
Excerpt: ...the written agreement at issue in the litigation contains a mandatory arbitration provision for which no exception applies. California law strongly favors arbitration. (Prima Donna Development Corp. v. Wells Fargo Bank, N.A. (2019) 42 Cal.App.5th 22, 35 (Prima Donna).) A proceeding to compel arbitration is, in essence, a suit in equity to compel specific performance of a contract. (California Teachers Assn. v. Governing Bd. (1984) 161 Cal.App.3d ...
2021.07.23 Demurrer 365
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.23
Excerpt: ...Civil Procedure section 430.10 (a), on the grounds that the action is moot. A party may demurrer to a CCP 1085 petition for writ of mandate (CCP §1089.) In ruling on a demurrer, the Court must accept as true all allegations of fact contained in the petition. (Sheehan v. San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998.) The Court must also accept as true facts that may be inferred from those expressly alleged. (Cundiff v. GTE Cal., Inc. (200...
2021.07.02 Motion to Compel Further Responses 844
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.02
Excerpt: ...oud moves, pursuant to Code of Civil Procedure sections 2030.300, 2031.310, and 2031.320, for an ordering requiring Defendant Victor Vieira to: (1) provide further, complete, verified, objection‐free responses to Form Interrogatories Nos. 7.1 through 7.3; (2) provide further, complete, verified, objectionfree responses to Special Interrogatories Nos. 1 and 15; and (3) provide further, complete, verified objection‐ free responses and documents...
2021.07.02 Motion for Summary Judgment, Adjudication, to Compel Deposition of PMQ 976
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.02
Excerpt: ...itations on discovery conducted by Plaintiff. Specifically, “Defendant requests the Court issue a protective order limiting questioning to a maximum of four hours, directing Plaintiff's counsel to prioritize areas of inquiry needed to oppose [Defendant's pending Motion for Summary Judgment], and limiting the questioning to the valid topics of inquiry not previously covered in the first day of PMQ deposition. (See Motion at 2:7‐11.) Defendant ...
2021.07.02 Demurrer 171
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.02
Excerpt: ...n. Respondent further demurs to the “purported claim for relief for breach of the Brown Act…on the ground that it fails to state facts sufficient to constitute a cause of action, in that Petitioner's claim is not timely and fails to allege facts constituting a breach of the Brown Act's statutory provisions.” (See Demurrer at 2:21‐24.) A party may demurrer to a petition, brought under Code of Civil Procedure section 1085, for writ of manda...
2021.06.25 Demurrer 668
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.06.25
Excerpt: ...at the Court will not enforce such a contract. (See id. at 2:24‐28.) A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1).) Where it does not, the party against whom the complaint has been filed may object by demurrer. (See id. At §430.10, subd. (e).) A demurrer is treated as “admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or la...
2021.06.18 Motion to Recover Costs 474
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.06.18
Excerpt: ...lleged in the Petition for Inspection and Abatement Warrant (Petition). City fails to identify any authority by which this Court may make such an order. The Court agrees with City's assertion that Government Code section 38773.5 authorizes City to adopt an ordinance establishing “a procedure for the abatement of a nuisance and make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel.” (Gov. Code,...
2021.06.04 Motion to Set Aside Entry of Default 905
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.06.04
Excerpt: ...r. Peters so moves on the grounds that the default was entered as a result of his mistake of fact and/or excusable neglect. No opposition appears in the Court's file. The Court finds from the evidence presented that Mr. Peters was under a good faith belief that he had timely filed a pleading in response to the Complaint. (See Peters' Declaration at ¶¶ 5 6.) The Court had ordered this pleading stricken, as to Mr. Peters only, based on Mr. Peters...
2021.06.04 Motion to Compel Further Responses 365
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.06.04
Excerpt: ...d 88. The motion is GRANTED. Plaintiffs' request for sanction is DENIED. A. General Discussion “In the…context of a request to produce documents, a party who seeks to compel production must show ‘good cause' for the request (§ 2031, subd. (l)) – but where…there is no privilege issue or claim of attorney work product, that burden is met simply by a fact‐specific showing of relevance.” (Glenfed Development Corp. v. Super. Ct. (1997) ...
2021.05.21 Motion Consolidate for Trial Only 119
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.05.21
Excerpt: ...mber 18, 2019. Although no trial date has been set, plaintiff filed this motion on April 27, 2021. Plaintiff's Request for Judicial Notice is GRANTED as to Exhibits 1, 2, and 3, pursuant to Evidence Code sections 452 and 453. Code of Civil Procedure §1048(a) provides that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actio...
2021.05.21 Motion for Judgment on the Pleadings, to Dismiss 112
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.05.21
Excerpt: ...dmitted he was issued the subject credit card, he was to repay the principal amount and finance charges, he received monthly statements, and he does not dispute the amount owed. Defendant filed this motion on March 25, 2021. Plaintiff's Request for Judicial Notice was GRANTED as to Exhibits 1 and 2 pursuant to Evidence Code section 452(d) on March 29, 2021. As this is a debt collection case in which plaintiff provided sufficient evidence as to th...
2021.05.21 Motion for Summary Judgment, Adjudication 909
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.05.21
Excerpt: ...defendant Hanford has not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐ deficient motion. Based solely upon cross‐defendant Hanford's failure to comply with Local Rule 3.3.7, the motion is DENIED without prejudice...
2021.05.07 Special Motion to Strike 132
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.05.07
Excerpt: ...bing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly....
2021.04.23 Motion to Strike Claim 083
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.04.23
Excerpt: ...k to strike her claims as untimely. Health & Safety Code §11488.5(a)(1), provides, in pertinent part, that “[a]ny person claiming an interest in the property seized pursuant to Section 11488 may, unless for good cause shown the court extends the time for filing, at any time within 30 days . . . after receipt of action notice, file with the superior court of the county in which the defendant has been charged with the underlying or related crimi...
2021.04.23 Demurrer 160
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.04.23
Excerpt: ...or failure to comply with Local Rule 3.3.7. On March 29, 2021, defendant refiled the general and special demurrer to the fourth cause of action on the grounds that plaintiff failed to state facts sufficient to constitute a viable cause of action. Defendant's request for judicial notice as to plaintiff's original Complaint, plaintiff's First Amended Complaint, and plaintiff's Second Amended Complaint, pursuant to Evidence Code sections 452 and 453...
2021.04.09 Motion for Terminating Sanctions 876
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.04.09
Excerpt: ...n filed a motion to compel that the Court granted on December 11, 2020, and ordered plaintiff to fully answer both sets of interrogatories and produce all requested documents (included proper verification) by the close of business on January 8, 2021. On December 21, 2020, Mr. Vitton's responses to both sets of interrogatories and request for production of documents were found at the front door of Ms. Johnson's attorney's office. The responses wer...
2021.04.09 Demurrer 554
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.04.09
Excerpt: ...acts necessary to establish each element of the cause of action pleaded. (Committee on Children's TV, Inc. v General Foods Corp. (1983) 35 Cal.3d 197, 212.) A pleading does not sufficiently state a cause of action when any facts necessary to establish an essential element of a cause of action are missing. (Baldwin v Marina City Props., Inc. (1978) 79 Cal.App.3d 393, 410.) Although plaintiff incorporated by reference all prior paragraphs of the co...
2021.03.26 Demurrer 160
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.03.26
Excerpt: ...t complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐deficient motion. Based solely upon defendant's failure to comply with Local Rule 3.3.7, the demurrer is OVERRULED, without prejudice to refile, to the extent it otherwi...
2021.03.19 Petition to Compel Arbitration 987
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.03.19
Excerpt: ...Vazquez, Melba C. Atty: Carlson Law Group; Foster Garvy Pc Tentative Ruling: Defendants contend that the binding arbitration clause of the Residential Purchase Agreement entered into on or about July 26, 2020, compels that process be ordered in lieu of these court proceedings; plaintiff opposes largely on procedural grounds. While the language of the agreement provides a provision to compel binding arbitration, there is a condition precedent, in ...
2021.03.05 Demurrer, Motion to Strike 302
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.03.05
Excerpt: ...r the plaintiff to allege its own construction of the contract. As long as the complaint does not place a clearly erroneous construction on the provisions of the contract, in passing upon the sufficiency of the complaint, the judge must accept as correct the plaintiff's allegations as to the meaning of the contract. (Rutherford Holdings, LLC v Plaza Del Rey (2014) 223 Cal.App. 4th 221, 229.) Both parties agree Business and Professions Code §7159...
2021.02.26 Application for Good Faith Settlement 718
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.02.26
Excerpt: ... On January 11, 2021, defendants Coyle filed this motion contesting Peninsula's application. Defendants Coyle erroneously assert Peninsula bears the burden to prove this a good faith settlement, contrary to statutory authority as California Code of Civil Procedure §877.6(d) provides the “party asserting the lack of good faith shall have the burden of proof on that issue.” The California Supreme Court in Tech‐Bilt, Inc. v Woodword‐Clyde &...
2021.02.19 Application for Writ of Execution or Right to Attach Order and Writ of Attachment 576
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.02.19
Excerpt: ...October 25, 2018, California Department of Transportation answered. On November 13, 2018, parties, except for California Department of Transportation, signed a stipulation to stay litigation and attend arbitration for all causes of action except the fourth cause of action, the stop payment notice. Specifically, the agreement stated that the “parties desire to stay litigation until after Plaintiff, CBA, and CBC have completed the arbitration and...
2021.02.19 Motion to Strike 010
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.02.19
Excerpt: ...dants filed this motion. Defendants are requesting to strike or stay the complaint in this matter as a result of Calaveras Superior Court case number 19CV43882, Moore et. al v Reed et. al., which includes these defendants as defendants in a third‐party personal injury liability action. In case 19CV43882, plaintiff Moore was riding his scooter, crashed, and was injured. Defendants were contracted to sweep the street. Defendants submitted a “sw...
2021.02.19 Motion to Reconsider 876
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.02.19
Excerpt: ... 2, 2020, Mr. Vitton filed a motion to set aside the default. On January 8, 2021, the Court denied Mr. Vitton's request to set aside the default. On January 20, 2021, Mr. Vitton, filed a motion for reconsideration. Mr. Vitton has not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of complia...
2021.02.05 Motion for Summary Judgment, Adjudication 877
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.02.05
Excerpt: .... On November 18, 2020, Optum360 filed this motion for summary judgment or, in the alternative, summary adjudication. No trial date has been set. Optum360's request for judicial notice is granted as to Exhibit A pursuant to Evidence Code sections 452 and 453. Pursuant to CCP section 437c(a)(7)(c), “the motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that th...
2021.01.15 Motion to Deem Truth of Matters Specified in Request for Admissions as Admitted 112
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.01.15
Excerpt: ...onses were due on or before October 15, 2020. Plaintiff sent defendant a meet and confer letter. Having received no responses from defendant, plaintiff filed this motion. Plaintiff has not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any su...
2020.12.18 Demurrer 940
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.12.18
Excerpt: ...ndition of public property, relying on Government Code §835 which provides that “a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, an...
2020.12.11 Motion for Summary Judgment, Adjudication 607 (2)
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.12.11
Excerpt: ...n behalf of plaintiff. K. W. Emerson 's request for judicial notice is GRANTED as to Exhibits A and B pursuant to Evidence Code sections 452 and 453 and said Exhibits are entered into evidence. K.W. Emerson contends it is entitled to summary judgment because there are no triable issues of material fact as: 1) K.W. Emerson fully executed its duty to protect against the harm suffered by the plaintiff; 2) K.W. Emerson exercised ordinary care in its ...
2020.12.11 Motion for Summary Judgment, Adjudication 607
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.12.11
Excerpt: ...been filed on behalf of plaintiff. Calaveras County's request for judicial notice is GRANTED as to Exhibits A and B pursuant to Evidence Code sections 452 and 453 and said Exhibits are entered into evidence. Calaveras County contends it is entitled to summary judgment because there are no triable issues of material fact as: 1) the County is immune to liability for common law negligence; 2) plaintiff failed to allege statutory grounds for a vicari...
2020.12.11 Demurrer 976
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.12.11
Excerpt: ... which alleges violation of Labor Code §98.6. On August 28, 2020, the Court, after oral argument, stated the “ruling does not preclude defendant from demurring again to the pleading as to Labor Code §98.6 for the reasons specified in this Court's tentative ruling;” thus, the present demurrer does not represent a redundant demurrer as the Court's order of September 14, 2020, explicitly provided that defendant was allowed to demurrer to a sep...
2020.11.06 Petition to Compel Binding Arbitration 854
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.11.06
Excerpt: ...ntial Purchase Agreement and Joint Escrow agreement attached to the complaint includes a binding arbitration agreement and are requesting an order to compel binding arbitration. (Petitioners have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to ...
2020.10.09 Motion for Judgment on the Pleadings 604
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.10.09
Excerpt: ...es that plaintiff's second cause of action for products liability is barred for failure to comply with the Tort Claims Act. On September 28, 2020, plaintiff's opposition was filed. The Court GRANTS District's Request for Judicial Notice as to Exhibits A through C pursuant to Evidence Code sections 452 and 453. Government Code §911.2(a) provides that a “claim relating to a cause of action for death or for injury to person . . . shall be present...
2020.09.04 Motion to Compel Further Responses 604
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.09.04
Excerpt: ...tories, Set One. Plaintiff timely responded on June 19, 2020. On June 26, 2020, District served a meet and confer letter. In response to the letter, plaintiff amended his responses. On August 3, 2020, defendant District timely filed this Motion to Compel Further Responses to Special Interrogatories Nos. 12, 13, and 19. Plaintiff alleges District failed to meet and confer and therefore did not comply with CCP §2030.300(b). However, defendant Dist...
2020.08.28 Motion for Summary Judgment, Adjudication 486
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.08.28
Excerpt: ...dgment. No trial date has been set. (Defendant Optum360 has not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally deficient motion. Based solely upon defendant Optum360's failure to comply with Local Rule 3.3.7, the Motion ...
2020.08.28 Demurrer 976
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.08.28
Excerpt: ...fendant's demurrer to the third cause of action, pertaining to violation of Labor Code section 98.6, is SUSTAINED, without leave to amend as this is the third amended complaint. Plaintiff did not receive Court's approval to amend the complaint adding this specific cause of action. Furthermore, plaintiff has not adequately pled this cause of action, even under California's liberal pleading practice, even had such an amendment been allowed. Defenda...
2020.08.21 Motion for Summary Judgment, Adjudication 062
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.08.21
Excerpt: ...n set. Evidence Code section 201 defines relevant evidence as evidence having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. Defendants object to specific sentences in declarations submitted by plaintiff based on relevancy. Defendants' objections to plaintiff's offered evidence numbers 4, 5, 7, 8, and 9 are overruled, as the statements are relevant. Objection number 3 is su...
2020.08.21 Demurrer 604
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.08.21
Excerpt: ...ded complaint. On July 27, 2020, defendant District demurred. Defendant District's request for judicial notice is granted as to Exhibit A pursuant to Evidence Code sections 452 and 453. Defendant District's request for judicial notice is granted as to Exhibit B and Exhibit C pursuant to Evidence Code sections 452 and 453 and Gong v City of Rosemead (2014) 226 Cal.App.4th 363, 376. Code of Civil Procedure section 430.41 states that a “party demu...
2020.08.07 Motion for Summary Judgment, Adjudication 079
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.08.07
Excerpt: ...tiff's claim for punitive damages. On July 16, 2020, plaintiff filed an objection. A six‐day jury trial is set for September 2, 2020. Plaintiff alleges that defendant acted with malice and oppression when defendant dug a ditch on plaintiff's road which caused plaintiff to be ejected from the motorcycle he was riding, which caused injuries. Defendant denies acting with malice and oppression when he cleared a swale “ditch” along the road as h...
2020.07.24 OSC Re Preliminary Injunction 765
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.07.24
Excerpt: ... not interfere with plaintiffs' use of the existing well. The defendants could install a fence for livestock that could include the well; but the plaintiffs could install, at their own cost, a cattle gate for a well truck. In IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69‐70, the Court ruled: ". . . trial courts should evaluate two interrelated factors when deciding whether or not to issue a preliminary injunction. The first is the like...
2020.07.17 Motion to Quash or Modify Deposition Subpoena 978
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.07.17
Excerpt: ... referred to as “Sergent”) filed a complaint against defendant Suburban Propane (hereinafter referred to as “Suburban”) on July 30, 2015, in case number 15CV41023. Defendant Propane answered on October 26, 2015. The matter was consolidated with 15CV40978 on May 18, 2016. A trial date is currently set for November 4, 2020. The Court has already ruled the non‐expert discovery cutoff has been extended. Therefore, the Court will not relitig...
2020.07.17 Motion to Compel Responses 119
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.07.17
Excerpt: ... a request for production of documents, set one on plaintiff. The parties stipulated to continue this motion until the issue of disqualification of counsel was resolved. The disqualification appeal and stay were resolved in September 2019. After additional meet and confer efforts, the defendants refiled this motion on June 10, 2020, to compel further compliance with requests for documents numbers 1, 2, 8, 12, and 15. Defendants' request for judic...
2020.07.17 Motion to Compel Further Responses 365
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.07.17
Excerpt: ...Set Two. On approximately December 18, 2019, defendants submitted unverified responses and objected to Request No. 13. After additional meet and confer efforts, the plaintiffs filed this motion on May 22, 2020, to compel compliance with Request No. 13. (Plaintiffs have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Purs...
2020.06.12 Motion for Relief from Entry of Order or for Reconsideration 978
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.06.12
Excerpt: ... filed an Application for Immediate Court Hearing and Order to vacate the trial date, and all related dates/cutoffs, and set further status conference in light of the COVID‐19 pandemic. On the same day, this Court granted the request without a hearing. The Court set the matter for May 13, 2020, at 1:30 p.m. in Dept. 4 for trial setting, and granted relief on the pleadings as no jury trials were being conducted in May 2020 due to COVID‐19. On ...
2020.06.12 Motion for Leave to File Complaint 160
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.06.12
Excerpt: ...ed to as “Gun Club”) answered and filed the amended cross‐complaint on January 30, 2019. The second amended cross‐complaint was filed on October 20, 2019. Gun Club filed this motion on April 27, 2020, requesting to file a third amended cross‐complaint as follows: (1) to delete the quiet title cause of action, (2) to remove reference to Tryon possessing a right of easement in Gun Club property; and (3) to add allegations seeking to termi...
2020.06.12 Demurrer 604
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.06.12
Excerpt: ... representations that Bret Harte Union High School is not a legal entity separate from Bret Harte Union School District and therefore cannot be sued, on its own motion the Court dismisses Bret Harte Union High School as a defendant, without prejudice to be reinstated if discovery reveals contrary facts. Defendants' demurrer to the second cause of action for plaintiff's failure to plead a statutory basis for liability is SUSTAINED, with twenty (20...
2020.06.05 Motion for Reconsideration 976
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.06.05
Excerpt: ..., plaintiff filed the Complaint. Defendant timely demurred and on September 4, 2018, plaintiff filed the First Amended Complaint. Defendant timely demurred and on December 20, 2018, plaintiff filed the Second Amended Complaint. On January 24, 2019, defendant answered. Plaintiff filed this motion on May 8, 2020. (Plaintiff withdrew the request for reconsideration in his Reply filed May 27, 2020.) CCP section 576 provides “[a]ny judge, at any tim...
2020.05.08 Motion to Compel Further Responses 151
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.05.08
Excerpt: ...on January 24, 2020; plaintiff alleges the verification was received on February 3, 2020.) Meet and confer letters were exchanged until plaintiff filed this motion on March 26, 2020, to compel compliance with request for documents numbers 1‐4. (Plaintiff has not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to s...
2020.05.01 Demurrer, Motion to Strike 570
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.05.01
Excerpt: .... Rubenstein v Gap, Inc. (2017) 14 Cal. App. 5th 870, 875. The court can take judicial notice of the existence of court records to include orders, judgments, and findings of fact and conclusion of law. People v Franklin (2016) 63 Cal.4th 261. The complaint in this matter involves the same subject matter as San Joaquin Superior Court case number STK‐CV‐CUBC‐2017‐000229. The plaintiffs in this matter were defendants in the San Joaquin matte...
2020.04.16 Motion to Tax Costs 098
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.04.16
Excerpt: ...ure section 1033.5(a)(1) statutorily allows defendant to be reimbursed $60 for filing fees. The following items not statutorily prohibited and the Court, in its discretion, awards defendant's request for $71.09 reimbursement for Federal Express and $20.84 for electronic filing. The Court disallows the $180 charges for CourtCall as this was a discretionary cost of convenience for defendant. Therefore, plaintiff's motion is DENIED in part and GRANT...
2020.04.16 Motion to Compel Further Deposition 298
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.04.16
Excerpt: ...ions. (Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system; instead, they provided the verbiage of Tuolumne County Superior Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurallydeficient motion. Based solely upon defendants' fa...
2020.04.10 Demurrer 365
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.04.10
Excerpt: ...Code sections 452 and 453 is DENIED as factual evidence, such as this code section regarding revenue procedures, is not relevant to a demurrer proceeding. Plaintiffs' request to deny the demurrer based on defendants' failure to meet and confer is DENIED. Although attempts to meet and confer did not occur five (5) days prior to the filing of the demurrer, defense counsel explained the circumstances for the lack of full compliance with CCP §430.41...
2020.03.27 Demurrer 909
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.03.27
Excerpt: ...Wuttke filed a demurrer to the first amended complaint and plaintiff filed a second amended complaint. Defendant Wuttke filed this motion on February 14, 2020. Defendant Wuttke's request for judicial notice for Exhibits 1, 2, and 3, pursuant to Evidence Code sections 452 and 453 is GRANTED. Plaintiff's request for judicial notice for Documents 1, 2.a, 2.b, 3, 3.a and 3.b pursuant to Evidence Code sections 452 and 453 is GRANTED. (Plaintiff object...
2020.02.07 Motion to Compel Further Responses, to Transfer and Consolidate Actions 485
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.02.07
Excerpt: ...propounded discovery on defendant George Grafer to include Form Interrogatories, Set One, with responses due by June 12, 2019. Plaintiff granted numerous extensions until September 4, 2019. On September 4, 2019, plaintiff received a courtesy copy of defendant's responses that were not substantive. On October 24, 2019, plaintiff timely filed the Motion to Compel. Plaintiff failed to comply with Local Rule 3.3.7 enacted January 1, 2018, by failing ...
2020.02.07 Demurrer, Motion to Strike 360
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.02.07
Excerpt: ...ten (10) days to amend. A written contract may be pleaded either by its terms – set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated by reference – or by its legal effect, i.e., by alleging the substance of its relevant terms. Construction Protective Servs., Inc. v TIG Specialty Ins. Co. (2002) 29 CA4th 972, 993. Plaintiff has not sufficiently pled all terms of the contract and has not attache...
2020.01.17 Demurrer 041
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.01.17
Excerpt: ...days leave to amend. The First Amended Complaint was filed on October 29, 2019, and defendants timely demurred. Defendants' request for judicial notice of the Notice of Rescission of Notice of Default and Election to Sell Under Deed of Trust dated June 7, 2019 and recorded July 11, 2019, is denied as inappropriate in the context of the demurrer, without prejudice to be renewed in a different procedural context. As to defendants' special demurrer:...
2020.01.10 Motion for Leave to File Lis Pendens 159
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.01.10
Excerpt: ... 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐deficient motion. Based solely upon plaintiff's failure to comply with Local Rule 3.3.7, plaintiff's motion would be DENIED without prejudice. However, in the interests of justice and judicial ec...
2020.01.10 Motion for Leave to Add Cause of Action 976
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.01.10
Excerpt: ...inent part, that “[a]ny judge, at any time before or after commencement of the trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading . . .” The Court finds plaintiff timely filed this motion as no trial date has been set. However, the Court agrees with defendant and finds plaintiff did not comply with California Rules of Court 3.1324(b) which states that a separate declaration must...
2019.9.27 Motion for Leave to File Complaint 266
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.9.27
Excerpt: ... complaint against plaintiff involving the same oral contract. A Case Management Conference has been set for October 19, 2019, as no trial has been schedule. Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedu...
2019.9.27 Demurrer 882
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.9.27
Excerpt: ... Division ‐ Sacramento Office; Brunn & Flynn; Matheny Sears Linkert & Jaime; Jaime, Matthew C Tentative Ruling: Plaintiffs filed the complaint on August 29, 2018. Plaintiffs filed the First Amended Complaint on February 19, 2019. Defendant timely demurred as to the second cause of action. On May 10, 2019, the Court SUSTAINED the demurrer to the second cause of action with twenty (20) days leave to amend. On May 31, 2019, plaintiffs filed the ...
2019.7.19 Motion to Compel Binding Arbitration and to Dismiss Action 298
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.7.19
Excerpt: ...delson, Christopher James Tentative Ruling: Moving defendants allege that an inspection agreement entered into on 12/28/17 included a binding arbitration agreement. Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such p...
2019.7.19 Demurrer 831
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.7.19
Excerpt: ...ently differentiated among the named defendants as to which specific acts are alleged as to which specific defendant, including detailing the alleged relationship between Cenlar, National and FBM. Furthermore, plaintiff re‐alleges and incorporates by reference therein each and every allegation contained in foregoing and successive paragraphs providing sufficient detailing for each defendant to respond to the allegations. Defendants' demurrer to...
2019.6.28 Motion to Strike Claim as Terminating Sanctions 675
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.6.28
Excerpt: ...ses was denied without prejudice for failure to comply with Local Rule 3.37; however, at the hearing confirming this denial on 2/15/19, claimant and his attorney were advised if proper responses were not provided, the Court expected a renewed motion which would be granted. No response forthcoming, a renewed motion to compel was filed and granted on 5/10/19. Claimant subsequently provided some documents but did not provide complete responses. CCP ...
2019.6.28 Motion to Compel Production and Impose Monetary Sanctions 319
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.6.28
Excerpt: ...dants' counsel sent a meet and confer letter that proposed to limit the requests. On April 25, 2019, plaintiffs' counsel responded advising the requests will not be limited. On April 30, 2019, defendants served a formal response to the demand for inspection objecting on various grounds to each demand and no documents were made available for inspection. (On May 31, 2019 defendants filed a related motion for a protective order; however, due to proc...
2019.6.28 Motion for Protective Order 319
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.6.28
Excerpt: ...ay 31, 2019 seeking a protective order as to said demand. Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐deficient motion. Based on defendants' failure, the Motion for Protective Order is DENIED wit...
2019.6.28 Demurrer 951
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.6.28
Excerpt: ...ction, the Court agrees with defendants that plaintiffs have overstated the role a single point of contact serves under Civil Code section 2923.7 as the complaint confirms such a contact was in communication with plaintiffs. Defendants' demurrer to the first cause of action is Sustained, With twenty (20) days leave to amend. Defendants' demurrer to the second cause of action is Sustained, with twenty (20) days to leave to amend. Plaintiffs failed...
2019.6.14 Demurrer 951
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.6.14
Excerpt: ...ion, the Court agrees with defendants that plaintiffs have overstated the role a single point of contact serves under Civil Code section 2923.7 as the complaint confirms such a contact was in communication with plaintiffs. Defendants' demurrer to the first cause of action is sustained, with twenty (20) days leave to amend. Defendants' demurrer to the second cause of action is sustained, with twenty (20) days to leave to amend. Plaintiffs failed t...
2019.5.31 Petition for Inspection and Abatement Warrant 474
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.5.31
Excerpt: ...continued until 5/31/19 because Vincent Vu, attorney for the plaintiff requested a continuance as “significant progress has been made in his case.” Court directed Mr. Santens, the new owner, to continue to work with the City of Angels. To date, no update as to the status of the request for inspection and abatement warrant has been provided to the Court. If the property continues to allegedly contain unsanitary conditions, petitioner's motion ...
2019.5.10 Motion to Strike 798
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.5.10
Excerpt: ...intiff Smith as a passenger, and the ATV flipped and plaintiff was injured. In analyzing the request for punitive damages, the Court relies on Peterson v Superior Court ((1982) 31 Cal.3d. 147), where the California Supreme Court stated “the law in California had evolved in the area of punitive damages to the point where a finding of defendant's conscious disregard of the safety or rights of others would support an award of punitive damages.” ...
2019.5.10 Motion for Summary Judgment, Adjudication 660
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.5.10
Excerpt: ...tow Sheppart Wayte & Carruth Llp Tentative Ruling: The Court has read and considered defendants' “Motion for Summary Judgement [sic]/Summary Adjudication” filed April 2, 2019. Code of Civil Procedure section 473c(b)(1) requires that: The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed b...
2019.5.10 Demurrer 882
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.5.10
Excerpt: ...nd cause of action. (The Court finds the answer filed on December 18, 2018 was inappropriately designated as Caltrans' answer and was superseded by the amended answer filed by George Reed, Inc. on 2/19/19.) Even under California's liberal pleading practice, plaintiff has failed to separate the allegations within the second cause of action. The allegations as to each defendant within the cause of action must be pled with sufficient particularity t...
2019.4.26 Request for Attorney and Legal Fees Reunded and Monetary Compensation for Punitive Damages 660
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.4.26
Excerpt: ...e Ruling: The Court has read and considered plaintiffs [sic] Bodenmullers' “Request for Attorney and All Legal Fees Refunded and Monetary Compensation for Punitive Damages” filed March 26, 2019. As defendants have provided no statutory or case authority for this motion, defendants' motion is DENIED. Defendants failed to comply with Local Rule 3.3.7 enacted January 1, 2018 by failing to include the necessary language in the notice of motion re...

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