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131 Results

Location: Calaveras x
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...
2019.12.20 Motion for Summary Judgment, Adjudication 660
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.12.20
Excerpt: ... First Amended Complaint was filed. On February 7, 2017, a Second Amended complaint was filed. On April 20, 2019, defendants T & K Bennett enterprises, Inc., dba Century 21 Sierra Properties, and Tamara Dillashaw sought summary adjudication as to the third and twelfth causes of action and the prayers for general damages, punitive damages, and attorney's fees. The Court granted defendants' Motion for Summary Adjudication in its entirety. The Court...
2019.12.20 Motion to Admit Truth of Matters 260
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.12.20
Excerpt: ...ore December 3, 2018. Having received no responses from plaintiff, defendant filed this motion on November 8, 2019. A court trial is set for January 30, 2020. 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 such procedura...
2019.12.20 Motion to Expunge Lis Pendens 159
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.12.20
Excerpt: ...defendants. On June 3, 2015, plaintiff filed a Notice of Appeal that is still pending. In January 2019, plaintiff recorded a lis pendens against the subject property. On November 18, 2019, defendants filed this motion. 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 co...
2019.12.13 Motion for Terminating, Evidentiary, Issue and Monetary Sanctions 326
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.12.13
Excerpt: ...ere served on July 3, 2019, but no documents were produced in response to Requests numbers 1, 3, 6, 8, 12, and 13. On April 26, 2019, defendant propounded form interrogatories on plaintiff. Defendant granted plaintiff's request for an extension to June 13, 2019. Plaintiff's incomplete responses were served on July 12, 2019. On September 20, 2019, the Court granted defendant's motion to compel plaintiff to fully comply with responses to request fo...
2019.12.13 Demurrer 909
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.12.13
Excerpt: ...019, defendant Wuttke filed a demurrer to the first amended complaint. On November 21, 2019, plaintiff filed a motion for leave to file second amended complaint is scheduled on December 27, 2019. Defendant Wuttke's request for judicial notice for Exhibits 1 and Exhibit 2 pursuant to Evidence Code section 452 and 453 is GRANTED. Plaintiff's request for judicial notice for Exhibits 1.a., 1.b. and Exhibit 2 pursuant to Evidence Code section 452 and ...
2019.10.25 Motion to Partially Expunge Lis Pendens 757
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.10.25
Excerpt: ...019, defendants filed this motion to partially expunge the lis pendens. Defendant 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. However, in the interests of justice and judicial economy, the ...
2019.10.18 Motion to Amend Complaint, Demurrer 331
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.10.18
Excerpt: ...r the filing of this motion, a probate matter for the estate of Carol Gordon was filed. Plaintiff's motion is GRANTED as no opposition has been filed. The clerk shall provide notice of this ruling to the parties forthwith. Plaintiff is to prepare a formal order in compliance with this ruling. 9:00 AM 17CV42160 Angels Gun Club's Motion to Amend Cross Complaint 02/02/2017 02/19/2020 Case Management Conference Ptff/Pet: Tryon, Thomas Atty: Mooney, D...
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 ...
2019.9.27 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...
2019.7.19 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 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 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 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 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...
2019.5.10 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 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.” ...
2019.4.26 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...
2019.4.26 Opposition to Claim of Exemption 379
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.4.26
Excerpt: ...otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following: (1) Twenty‐five percent of the individual's disposable earnings for that week. (2) Fifty percent of the amount by which the individual's disposable earnings for that week exceed 40 times the state minimum hourly wa...
2019.4.26 Demurrer 831
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.4.26
Excerpt: ...ts to specify which acts by which defendants are the basis for any given cause of action. While plaintiff has alleged each cause of action “against ALL DEFENDANTS” this is insufficient to allow each defendant to address each specific act plaintiff contends form the basis of the allegation as to each defendant as required when causes are asserted as to multiple defendants. Additionally, the Court agrees with defendants that plaintiff has faile...
2019.4.26 Demurrer 485
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.4.26
Excerpt: ...and sixth causes of action. Defendants' request for judicial notice is granted as to all four requests pursuant to Evidence Code section 452 and 453. Defendants' demurer to the first cause of action is Overruled. Plaintiffs have pled an actionable claim for intentional misrepresentation. Additionally, the Court finds the cause of action is not barred by the economic loss rule as the cause for promissory fraud is tortious in nature, greater than a...
2019.3.29 Motion for Summary Judgment, Adjudication 660
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.3.29
Excerpt: ...st various defendants regarding the purchase of their residence in Angels Camp. Defendants T & K Bennett and Tamara Dillashaw, the listing real estate broker and agent, seek summary adjudication as to the third and twelfth causes of action and the prayers for general damages, punitive damages, and attorney's fees. Plaintiffs have filed no opposition; however, the Court must still determine if defendants have met their burden to establish either t...
2019.3.22 Claim of Exemption 394
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.3.22
Excerpt: ... states: “(a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following: (1) Twenty‐five percent of the individual's disposable earnings for that week. (2) Fifty percent of the amount by which the individual's disposable earnings for that week exceed 40 times t...
2019.2.22 Motion to Compel Responses, Production of Docs 079
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.2.22
Excerpt: ...31.051). On August 24, 2018, defendant served an identical supplemental interrogatory, set two, and supplemental request for production of documents, set two. No responses were ever received. Code of Civil Procedure section 2030.260 provides that responses to interrogatories be served within 30 days and Code of Civil Procedure section 2030.290 provides that failure to timely provide responses waives any right to exercise the option to provide wri...
2019.2.15 Motion to Compel Discovery, for Sanctions 804
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.2.15
Excerpt: ...8. Defendant attempted to meet and confer and offered until January 11, 2019 for plaintiff to provide amended responses, asserting plaintiff's responses were defective. No amended responses were ever provided. (Although defendant labeled the present motion as one to “compel discovery responses,” in reality it is one to compel further responses, a necessary distinction as different statutory sections and standards apply; additionally, no issue...
2019.2.8 Demurrer 523
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.2.8
Excerpt: ...l's business for the calendar year 2016.” (A second requested item was provided by defendant.) Defendant initially responded by estimating responding to the request would involve approximately 3000 pages that could be produced by June 8, 2018. Upon further review, on June 18, 2018 defendant notified petitioner that the request was not a valid PRAR. Petitioner responded to this denial by filing a petition for alternate and preemptory writ of man...
2019.2.1 Demurrer 485
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.2.1
Excerpt: ...plaint. Pursuant to CCP section 472, a party can respond to a demurrer by amending the challenged pleading before the hearing. Based on the foregoing, Defendant's Demurrer is OVERRULED as moot. The clerk shall provide notice of this ruling to the parties forthwith. No further formal order pursuant to Rule of Court 3.1312 is required. ...
2019.2.1 Motion for Award of Costs on Appeal 606
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.2.1
Excerpt: ...fendant's motion is therefore denied as MOOT. The clerk shall provide notice of this ruling to the parties forthwith. The Court will sign the judgment submitted by defendant. ...
2019.2.1 Motion to Deem Admissions Admitted 382
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.2.1
Excerpt: ... respond. Based on the foregoing, plaintiff's motion requesting the matters be deemed admitted is GRANTED. Requests for admission numbers one through four are deemed admitted. Additionally, as no information was provided to the court as to costs or fees incurred, the only monetary sanction awarded pursuant to CCP section 2033.280(b) is the $60.00 filing fee for the present motion. The clerk shall provide notice of this ruling to the parties forth...
2019.1.25 Motion for Summary Judgment, Adjudication 323
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.1.25
Excerpt: ...t was under construction when he inherited it from his father. Plaintiff alleges that although construction was completed later that year defendant's inspectors did not issue a final approval until January 7, 2014. The property was then reassessed increasing plaintiff's property taxes. Plaintiff claims defendant did not have the authority to reassess the property. Both plaintiff and defendant have filed motions for summary judgment. Pursuant to C...
2019.1.25 Motion for Relief from Protective Order 902
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.1.25
Excerpt: ... transcripts and the video depositions of plaintiff Margaret Williams and Jerry Lambert, a non‐party in this matter. (LBUSD is the defendant in a suit brought by Ms. Williams and believes depositions are directly relevant to that case. LBUSD's motion is DENIED. No authority, either statutory or case law, has been presented to support defendant's motion which is conclusory in nature. All parties in the above entitled matter signed the Stipulatio...
2019.1.25 Motion for Judgment Pursuant to Terms of Stipulated Settlement 172
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.1.25
Excerpt: ...ree with the terms proposed by defendant. The Court DENIES the motion without prejudice. No evidence has been presented to support defendant's motion as to the claimed terms of the agreement. Defendant's motion is lacking Exhibits 2 through 7. Although a court reporter was present, neither party submitted a transcript outlining the parties' agreement. Defendant failed to comply with Local Rule 3.3.7 enacted January 1, 2018, by failing to include ...
2018.9.28 Motion for Summary Adjudication 660
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2018.9.28
Excerpt: ... Law Group Tentative Ruling: Defendants T & K Bennett Enterprises Inc. dba Century 21 Sierra Properties and Tamara Dillashaw's Motion for Summary Adjudication Plaintiffs have alleged a total of fourteen causes of action in their second amended complaint against various defendants regarding the purchase of their residence in Angels Camp. Defendants T & K Bennett and Tamara Dillashaw, the listing real estate broker and agent, seek summary adjudicat...
2018.9.14 Motion to Excuse Appearance for OEX, to Disallow Declarations and Claims for Accrued Interest 155
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2018.9.14
Excerpt: ... Cattle Co. They borrowed money from Stockton Production Credit Association, but fell behind in payments. In 1983, Plaintiffs transferred their interest in the company to Defendant's husband, who in turn, granted Plaintiffs a hold harmless agreement. In 1984, Defendant's husband conveyed his interest in his home, referred to as the Mokelumne Hill property, to himself and Defendant. In February 1985, Defendant's husband died. The Credit Associatio...
2018.9.7 Motion to Compel Deposition, Request for Monetary Sanctions 649
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.9.7
Excerpt: ...2016.) On June 15, 2018, David Zamora appeared with the documents that were requested by Defendant. David Zamora advised Defendant's attorney at the deposition that he refused to bring Gus Zamora because of his Gus's age and failing health. David Zamora did not advise Defendant's counsel in advance that Gus Zamora would not attend. An incompetent ward is not exempt from discovery. (Regency Health Services, Inc. v Superior Court (1998) 64 CA4th 14...
2018.9.7 Motion for Sanctions 539
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.9.7
Excerpt: ...m and Special Interrogatories. On April 27, 2018, the Court granted Plaintiff's motion and ruled that “Defendant was to provide complete, verified answers, without objection, to plaintiff's form and special interrogatories, sets number one, no later than 5:00 p.m. on May 11, 2018.” To date, Defendant has failed to follow the court's order. On July 20, 2018, Plaintiff filed a Motion for Sanctions requesting the following: 1) Defendant's Answer...
2018.8.31 Demurrer 299
Location: Calaveras
Judge: Hahn, Gregory
Hearing Date: 2018.8.31
Excerpt: ...d to supersede the earlier filed and more usual procedure of a simple request for judicial notice to substitute documents that are certified, signed, and otherwise corrected shortcomings of the exact same documents contained in the earlier‐filed request for judicial notice. The Court finds that Exhibits “A” through “E” all are appropriate for judicial notice pursuant to provisions of Evidence Code § § 452 and 453 and further are relev...
2018.8.31 Motion for Preliminary Injunction 398
Location: Calaveras
Judge: Hahn, Gregory
Hearing Date: 2018.8.31
Excerpt: ... payments on the loan equity agreement. Also throughout this time, many other banks and companies owned the loan. Plaintiff alleges that he made several attempts at contacting these various agencies to determine the amount owed, payments made, etc. Defendants replied to these letters but were unable to provide the exact information Plaintiff was requesting. Plaintiff alleges Defendants did not meet statutory requirements for conducting the sale a...
2018.8.31 Motion to Compel Deposition, Request for Monetary Sanctions, Motion for Change of Venue 127
Location: Calaveras
Judge: Hahn, Gregory
Hearing Date: 2018.8.31
Excerpt: ...HROUGH 50, INCLUSIVE'S MOTION TO TRANSFER ACTION: Plaintiff filed his verified complaint in regards to real property located at 6190 Starlight Lane, Mountain Ranch, Calaveras County, on March 22, 2018. On June 22, 2018, the Defendant filed his unverified answer. On June 27, 2018, Plaintiff filed a motion to strike Defendant's answer to the Verified Complaint. On July 27, 2018, the Court granted Plaintiff's Motion to Strike Defendant's Answer and ...
2018.8.24 Motion for Summary Judgment, Adjudication 075
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2018.8.24
Excerpt: ...of material fact as to both allegations, i.e., whether the wage statements included an address for the employer and whether the employees were paid within seven days of the close of a pay period. Concerning the contention of a violation of Labor Code section 226(a), i.e., failing to include the employer's address on the wage statement, the Court has exhibits attached to plaintiff's declaration that have no employer address but checks attached to ...
2018.8.24 Motion for Attorney Fees 224
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2018.8.24
Excerpt: ...ff to post a bond in the amount of $50,000. Subsequently, on 4/30/18, this Court entered judgment for defendants on their demurrer to the second amended complaint. Defendant Morris now seeks to receive the bond as partial fee reimbursement and along with defendant Wingerter seeks an award of an additional amount of attorney's fees pursuant to Corporations Code Section 800 and Code of Civil Procedure Section 128.5. Plaintiff opposes contending the...
2018.8.17 Motion for Summary Judgment, Adjudication 713
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.8.17
Excerpt: ...mplaint concerning claims for declaratory relief and permanent injunction. CCWD now seeks summary adjudication of the portions of the complaint constituting claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud. Plaintiff opposes primarily on procedural grounds that the current MSA violates Code of Civil Procedure Section 437c(f)(2)'s prohibition of a renewed MSA based on the same facts and issues...
2018.8.17 Demurrer 804
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.8.17
Excerpt: ...to state a cause of action on two grounds: 1)under Code of Civil Procedure Section 377.30 a survival action can be commenced only by the decedent's personal representative or successor in interest; and 2) for a public entity to be sued in a personal injury action the rule is governmental immunity unless liability is specifically imposed by a statute and the complaint in its present form fails to identify any statutory basis for overcoming this pr...
2018.8.10 Motion to Compel Responses, for Leave to Amend, for Protective Order 877
Location: Calaveras
Judge: Doughterty, Frank
Hearing Date: 2018.8.10
Excerpt: ...Atty: Bohm Law Group Def/Res: Dignity Health; Dignity Health dba Mark Twain Medical Center; Optum 360 Atty: Kronick Moskovitz Tiedemann & Girard; Seyfarth Shaw Llp TENTATIVE RULING ON PLAINTIFF'S MOTIONS TO COMPEL DISCOVERY AND DEFENDANT OPTUM360'S MOTION FOR PROTECTIVE ORDER Before the Court for ruling are a total of six motions to compel discovery filed by plaintiff as to defendant Dignity Health dba Mark Twain Medical Center [hereinafter “Ma...
2018.8.3 Motion to Strike, Demurrer 036
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.8.3
Excerpt: ...sors' ban on cannabis cultivation, respondents seek to strike from the first amended petition all references to Code of Civil Procedure Section 1094.5, contending petitioners' sole potential remedy is a CCP § 1085 traditional mandamus and not a CCP § 1094.5 administrative mandamus. Petitioners oppose contending the present motion is outside the scope of CCP § 436(b) relief that allows striking portions of an operative pleading. A motion to str...
2018.7.27 Motion to Enforce Arbitration 075
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.7.27
Excerpt: ...cause of action for PAGA claims precludes arbitration and additionally that defendant waived its right to compel arbitration by waiting 18 months to seek this relief. Plaintiff's complaint follows all pleading requirements to assert that the claims are in the nature of a class action on behalf of all similarly situated and that it contains a PAGA claim asserted on behalf of the general public. This Court finds that the California Supreme Court de...
2018.7.27 Motion to Compel Responses, for Monetary Sanctions 696
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.7.27
Excerpt: ...ff Michelle Munnicks and on plaintiff Doriann Munnicks (by and through her guardian ad litem). No responses have been received to date. Code of Civil Procedure Section 2030.260 provides that responses to interrogatories be served within 30 days and CCP § 2030.290 provides that failure to timely provide responses waives any right to exercise the option to provide writings as responses and also waives any objections. Based on the foregoing, Defend...
2018.7.27 Motion to Strike Answer 127
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.7.27
Excerpt: ...t to Code of Civil Procedure Sections 446(a) and 2015.5. Plaintiffs Request For Judicial Notice of the answer is Granted pursuant to Evidence Code Section 452(d). The provisions of CCP § 446 that a verified complaint be responded to with a verified answer are mandatory. Defendant Urteaga's answer fails to contain the necessary verification language of CCP § 2015.5. Based on the foregoing, Plaintiffs' Motion To Strike Defendant Urteaga'a Answer ...
2018.7.20 Motion to Vacate Order, Correct Clerical Mistakes 976
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.7.20
Excerpt: ... defendants' demurrer and issued its ruling on May 30, 2018. Defendants seek to have the Court vacate that Order and issue a new ruling correcting alleged clerical errors, specifically omission of paragraphs 5, 6, 7, and 8 from the tentative ruling posted on the Court's website. The Court is confused by the present motion. Review of the tentative ruling posted on the Court's website and the Ruling issued on 5/30/18 that is contained within the Co...
2018.7.20 Motion for Relief from Inadvertent Failure to Comply 043
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.7.20
Excerpt: ... stay on respondents' decision to ban cannabis cultivation in Calaveras County alleging failures to conform to provisions of CEQA. Respondents seek to have the CEQA portions of the petition dismissed for petitioners' failure to request a hearing within 90 days of the filing of the petition pursuant to Public resources Code Section 21167.4. Petitioners oppose, contending the 90 days was triggered by the filing of the operative petition, i.e., the ...
2018.7.13 Motions to Quash Service of Summons, to Strike, OSC Re Contempt, for Entry of Default 183
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.7.13
Excerpt: ... making a traffic stop for plaintiff exceeding the speed limit. Plaintiff used the services of the Calaveras County Sheriff's Office to serve defendant by substitute service, delivering a copy to the CHP office on Sunday, May 6, 2018, and mailing a second copy. Defendant contends this was improper and moves to quash service. Plaintiff has filed a “motion to strike defective motion to quash, motion to show cause for contempt, motion for entry of...
2018.7.13 Motion to Expunge Lis Pendens 606
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.7.13
Excerpt: ...ior rulings by this Court confirmed on appeal by the Third District Court of Appeals have resolved all issues other than the cause of action for elder abuse, including those to quiet title and for partition. As a result, there is no longer any real property claim being asserted by plaintiff thereby removing the foundational basis under CCP § 405.20 for recording a lis pendens. Lacking this condition precedent, defendant is entitled to the relief...
2018.7.13 Motion for Leave to File Complaint 231
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.7.13
Excerpt: ...which were “recently paid”. Defendant opposes contending plaintiff has filed suit in the state of Nevada to recover the same $6,195.14 in damages stemming from this same accident against this same defendant. Defendant's request for judicial notice of Exhibit “A” is granted pursuant to Evidence Code Sections 452 and 453. Although plaintiff is correct that the general rule is liberality in allowing amendment of pleadings, this is not an abs...
2018.7.6 Motion to Compel Discovery Responses, for Leave to Amend, for Protective Order 877
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.7.6
Excerpt: ... for Admission Set Two; Ptff's Motion to Compel MTMC's Discovery Responses to Form Interrogatories General Set Two; Plntff's Motion for Leave to Amend; & Def OPTUM360's Services Inc.'s Motion for Protective Order; 08/22/2018 Trial Setting Conference Ptff/Pet: Mills, Steven Atty: Bohm Law Group Def/Res: Dignity Health; Dignity Health Dba Mark Twain Medical Center; Optum 360 Llc Atty: Kronick Moskovitz Tiedemann & Girard; Seyfarth S...
2018.7.6 Motion to Dismiss 043
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.7.6
Excerpt: ...AND GOVERNMENT CODE SECTION 65753 Petitioners seek an injunction or administrative stay on respondents' decision to ban cannabis cultivation in Calaveras County alleging failures to conform to provisions of CEQA. Respondents seek to have the CEQA portions of the petition dismissed for petitioners' failure to request a hearing within 90 days of the filing of the petition pursuant to Public resources Code Section 21167.4. Petitioners oppose, conten...
2018.6.29 Motion to Dismiss 036
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.6.29
Excerpt: ... to conform to provisions of CEQA. Respondents seek to have the CEQA portions of the petition dismissed for petitioners' failure to request a hearing within 90 days of the filing of the petition pursuant to Public resources Code Section 21167.4. Petitioners oppose, contending the 90 days was triggered by the filing of the operative petition, i.e., the first amended petition filed on 4/26/18 or, alternatively, seek relief for attorney mistake purs...
2018.6.29 Motion for Attorney Fees 810
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.6.29
Excerpt: ...ttorney's fees provision, as well as Civil Code Section 5975, defendant now seeks an award of attorney's fees in the amount of $264,777.47. Plaintiff contests certain of the fees as unreasonable and unnecessary, and requests that the Court reduce the amount of attorney's fees to be awarded to $262,361.97. In general, the Court does not find persuasive the contentions that given tasks should have been completed in less time than what was billed ...
2018.6.29 Demurrer 075
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.6.29
Excerpt: ...ndents and real parties in interest demur contending petitioners failed to exhaust their administrative remedies under the “pay first, litigate later” doctrine and alternatively that the petition and complaint fail to plead facts constituting a cause of action largely based upon their interpretation of “registration” and “applicant” under the provisions of then‐existing county code chapter 17.95. Respondents' request for judicial no...
2018.6.22 Motion for Summary Judgment, Adjudication 000
Location: Calaveras
Judge: Doughterty, Frank
Hearing Date: 2018.6.22
Excerpt: ...d duty to indemnify by payment of the settlement in the related underlying case of State Farm v Tidwell 12CV38248. Defendants concede the duty to defend (albeit contesting the effective date that said duty arose) and opposes the MSA on the issue of a duty to indemnify, both on macro grounds that coverage under the policies has not been established and micro grounds that the underlying settlement was excessive and/or the product of collusion and f...
2018.6.22 Motion to Compel Production, for Monetary and Contempt Sanctions 319
Location: Calaveras
Judge: Doughterty, Frank
Hearing Date: 2018.6.22
Excerpt: ...n of produced documents. (The Court notes plaintiff's labeling of the motion as one to “compel production” oversimplifies the relief sought.) Plaintiff additionally seeks imposition of “monetary and contempt sanctions”; the Court notes its consideration of any sanctions involves provisions of the discovery act contained within the Code of Civil Procedure as there is no contempt proceeding before the Court. Defendants have not filed any op...
2018.6.15 Motion to Set Aside Dismissal 004
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.6.15
Excerpt: .... Plaintiff infers the dismissal was based solely on the motion to dismiss critically leaving out that on 12/16/16 this Court sustained a demurrer to the complaint, without leave as to two causes of action, and with twenty (20) days leave to amend as to the remainder of the complaint. Plaintiff never filed a first amended complaint. Therefore, a motion to dismiss pursuant to Code of Civil Procedure Section 581(f)(2) could have been timely filed i...
2018.6.15 Motion for Preliminary Injunction or Administrative Stay, for Joinder 043
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.6.15
Excerpt: ... Petitioners contest the Calaveras County Board of Supervisors' action taken on January 10, 2018, banning cannabis cultivation in the county, seeking a preliminary injunction or, alternatively, an administrative stay, alleging in essence a failure to comply with the environmental impact report (EIR) requirements of CEQA (California Environmental Quality Act, codified as Public Resources Code Sections 2100 et seq.). Respondents oppose contending a...
2018.6.8 Motion for Summary Adjudication 000
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.6.8
Excerpt: ...lement in the related underlying case of State Farm v Tidwell 12CV38248. The Court notes that plaintiffs filed a second amended complaint on 5/8/18 that was served by mail making defendants' answer due to be filed and served no later than 6/13/18, i.e., five (5) days after the date noticed for hearing on the present motion. Although it is possible that any changes contained in the second amended complaint and any changes that might be contained i...
2018.6.1 OSC Re Contempt and Enforcement of Court Order 413
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.6.1
Excerpt: ...s and request this Court to schedule an Order To Show Cause hearing to determine if defendants are in contempt of the default judgment and consider other means for enforcement of court orders. Plaintiff has provided a sufficient affidavit under penalty of perjury containing the necessary prima facie showing of facts consisting of the making of the court order, defendants' knowledge of the order, defendants' ability to comply with the order, and d...
2018.5.25 Motion to Reinstate Jury Trial, Continue Trial 160
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.5.25
Excerpt: ...ugust 2018. Subsequently, counsel for defendant submitted a stipulation and proposed order to “reinstate” jury trial which was denied by this Court for the failure to assert the necessary good cause, albeit without prejudice to renew the request by way of noticed motion. Defendant now moves this Court to “reinstate” a jury trial asserting as the requisite good cause an inadvertence on the part of counsel to timely post the jury fee deposi...
2018.5.25 Demurrer 976
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.5.25
Excerpt: ...firmatively evident from the pleading itself without consideration of any extrinsic evidence. (Sheehan v San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992.) In ruling on a demurrer, the Court must liberally construe the allegations in the pleading with the goal of attaining substantial justice among the parties. (Code of Civil Procedure Section 452; King v Central Bank (1977) 18 Cal.3d 840. (Even if the facts are not clearly stated, a pleading show...
2018.5.18 Motion to Compel Responses, Request for Monetary Sanctions 592
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.5.18
Excerpt: ... responses have ever been provided. Code of Civil Procedure Section 2030.260 provides that responses to interrogatories be served within 30 days and CCP § 2030.290 provides that failure to timely provide responses waives any right to exercise the option to provide writings as responses and also waives any objections. Code of Civil Procedure Section 2031.260 provides that responses to requests for production of documents be served within 30 days ...
2018.5.11 Motion to Discharge Stakeholder 968
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.5.11
Excerpt: ...ed to deposit with the Court to be distributed upon agreement or determination among the competing claims regarding said funds. Plaintiff has been holding the funds in escrow since 12/28/11 and has received no response from the seller to two notices of escheat of unclaimed property leading to the filing of this interpleader action. No opposition having been filed and the requested relief appearing appropriate, the Court intends to sign the submit...
2018.5.11 Motion to Compel Arbitration, Stay Proceedings 248
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.5.11
Excerpt: ... expressing that as a successor to the original contract it is not bound by the arbitration clause. Part of the Court's analysis of defendant's motion is taking into consideration that defendant represents herself while plaintiff is represented by counsel. Although the court has a general duty to treat a self‐represented litigant in the same manner as a person represented by counsel – i.e., no different, no better, no worse (Taylor v Bell (19...
2018.5.4 Request for Admission Deemed Admitted, for Sanctions 873
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.5.4
Excerpt: ...fin Llp Tentative Ruling: On January 31, 2018, defendant Nationstar Mortgage LLC served requests for admission on plaintiff Rodney E. Weathers dba All Weather Construction. No responses have been served to date and Nationstar seeks to have the requests deemed admitted and sanctions imposed in the amount of $920. Code of Civil Procedure Section 2033.280 (c) mandates that the Court deem facts admitted and the genuineness of documents, and award san...
2018.4.6 Motion to Strike 877
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.4.6
Excerpt: ... constructively terminated from his employment at Mark Twain Medical Center stemming from his having raised numerous concerns about concerns about policies, practices and equipment at the medical facility, including a cause of action based on a claim he was retaliated against in violation of Health & Safety Code Section 1278.5. Defendant Dignity Health's motion seeks to strike that portion of the cause of action that includes a jury demand. Notin...

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