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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 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 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. ...
2021.12.03 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 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...
2021.11.19 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 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...
2021.11.05 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 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 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 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 ...
2021.10.29 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 ...
2021.10.29 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...
2021.10.15 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 ...

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