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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 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...
2020.06.12 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 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 ...
2020.06.05 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 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...
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...
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 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 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...
2019.2.1 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. ...

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