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191 Results

Location: Calaveras x
2021.08.13 Motion for Attorney Fees 132
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.08.13
Excerpt: ...ly to have evidentiary support and/or contained denials of contentions that are not warranted based on the evidence.1 Plaintiff also moves for an award of sanctions against Defendant's counsel Ashley Gonzalez, pursuant to Section 128.7, on the same asserted grounds. As to Plaintiff's request pursuant to section 426.16, “[i]f the court finds that a special motion to strike [brought pursuant to this section] is frivolous or is solely intended to ...
2021.08.06 Petition for Writ of Mandate 275
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.08.06
Excerpt: ...gal non‐ conforming use; [and] (b) direct the [Board] to grant the appeal on the grounds that the Angels Gun Club's activities on [the subject parcels of real property] have expanded and [therefore] no longer constitute a legal non‐conforming use….” (Second Amended Petition (SAP) at 8:22‐27.) “Administrative mandamus under section 1094.5 is appropriate to inquire ‘into the validity of any final administrative order or decision made ...
2021.08.06 Motion to Sever Trial of Complaint from Interpleader Complaint, for Trial Preference 212
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.08.06
Excerpt: ...ocedure Section 1048 governs severance of trial based on causes of action.1 “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross‐complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the...
2021.07.30 Motion for Leave to Amend FAC 119
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.30
Excerpt: ...int (Proposed SAC). “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any term...
2021.07.23 Motion to Compel Arbitration and Stay Further Proceedings 384
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.23
Excerpt: ...the written agreement at issue in the litigation contains a mandatory arbitration provision for which no exception applies. California law strongly favors arbitration. (Prima Donna Development Corp. v. Wells Fargo Bank, N.A. (2019) 42 Cal.App.5th 22, 35 (Prima Donna).) A proceeding to compel arbitration is, in essence, a suit in equity to compel specific performance of a contract. (California Teachers Assn. v. Governing Bd. (1984) 161 Cal.App.3d ...
2021.07.23 Demurrer 365
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.23
Excerpt: ...Civil Procedure section 430.10 (a), on the grounds that the action is moot. A party may demurrer to a CCP 1085 petition for writ of mandate (CCP §1089.) In ruling on a demurrer, the Court must accept as true all allegations of fact contained in the petition. (Sheehan v. San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998.) The Court must also accept as true facts that may be inferred from those expressly alleged. (Cundiff v. GTE Cal., Inc. (200...
2021.07.02 Motion to Compel Further Responses 844
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.02
Excerpt: ...oud moves, pursuant to Code of Civil Procedure sections 2030.300, 2031.310, and 2031.320, for an ordering requiring Defendant Victor Vieira to: (1) provide further, complete, verified, objection‐free responses to Form Interrogatories Nos. 7.1 through 7.3; (2) provide further, complete, verified, objectionfree responses to Special Interrogatories Nos. 1 and 15; and (3) provide further, complete, verified objection‐ free responses and documents...
2021.07.02 Motion for Summary Judgment, Adjudication, to Compel Deposition of PMQ 976
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.02
Excerpt: ...itations on discovery conducted by Plaintiff. Specifically, “Defendant requests the Court issue a protective order limiting questioning to a maximum of four hours, directing Plaintiff's counsel to prioritize areas of inquiry needed to oppose [Defendant's pending Motion for Summary Judgment], and limiting the questioning to the valid topics of inquiry not previously covered in the first day of PMQ deposition. (See Motion at 2:7‐11.) Defendant ...
2021.07.02 Demurrer 171
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.07.02
Excerpt: ...n. Respondent further demurs to the “purported claim for relief for breach of the Brown Act…on the ground that it fails to state facts sufficient to constitute a cause of action, in that Petitioner's claim is not timely and fails to allege facts constituting a breach of the Brown Act's statutory provisions.” (See Demurrer at 2:21‐24.) A party may demurrer to a petition, brought under Code of Civil Procedure section 1085, for writ of manda...
2021.06.25 Demurrer 668
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.06.25
Excerpt: ...at the Court will not enforce such a contract. (See id. at 2:24‐28.) A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1).) Where it does not, the party against whom the complaint has been filed may object by demurrer. (See id. At §430.10, subd. (e).) A demurrer is treated as “admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or la...
2021.06.18 Motion to Recover Costs 474
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.06.18
Excerpt: ...lleged in the Petition for Inspection and Abatement Warrant (Petition). City fails to identify any authority by which this Court may make such an order. The Court agrees with City's assertion that Government Code section 38773.5 authorizes City to adopt an ordinance establishing “a procedure for the abatement of a nuisance and make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel.” (Gov. Code,...
2021.06.04 Motion to Compel Further Responses 365
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.06.04
Excerpt: ...d 88. The motion is GRANTED. Plaintiffs' request for sanction is DENIED. A. General Discussion “In the…context of a request to produce documents, a party who seeks to compel production must show ‘good cause' for the request (§ 2031, subd. (l)) – but where…there is no privilege issue or claim of attorney work product, that burden is met simply by a fact‐specific showing of relevance.” (Glenfed Development Corp. v. Super. Ct. (1997) ...
2021.06.04 Motion to Set Aside Entry of Default 905
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.06.04
Excerpt: ...r. Peters so moves on the grounds that the default was entered as a result of his mistake of fact and/or excusable neglect. No opposition appears in the Court's file. The Court finds from the evidence presented that Mr. Peters was under a good faith belief that he had timely filed a pleading in response to the Complaint. (See Peters' Declaration at ¶¶ 5 6.) The Court had ordered this pleading stricken, as to Mr. Peters only, based on Mr. Peters...
2021.05.21 Motion for Summary Judgment, Adjudication 909
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.05.21
Excerpt: ...defendant Hanford has not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐ deficient motion. Based solely upon cross‐defendant Hanford's failure to comply with Local Rule 3.3.7, the motion is DENIED without prejudice...
2021.05.21 Motion for Judgment on the Pleadings, to Dismiss 112
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.05.21
Excerpt: ...dmitted he was issued the subject credit card, he was to repay the principal amount and finance charges, he received monthly statements, and he does not dispute the amount owed. Defendant filed this motion on March 25, 2021. Plaintiff's Request for Judicial Notice was GRANTED as to Exhibits 1 and 2 pursuant to Evidence Code section 452(d) on March 29, 2021. As this is a debt collection case in which plaintiff provided sufficient evidence as to th...
2021.05.21 Motion Consolidate for Trial Only 119
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.05.21
Excerpt: ...mber 18, 2019. Although no trial date has been set, plaintiff filed this motion on April 27, 2021. Plaintiff's Request for Judicial Notice is GRANTED as to Exhibits 1, 2, and 3, pursuant to Evidence Code sections 452 and 453. Code of Civil Procedure §1048(a) provides that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actio...
2021.05.07 Special Motion to Strike 132
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.05.07
Excerpt: ...bing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly....
2021.04.23 Motion to Strike Claim 083
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.04.23
Excerpt: ...k to strike her claims as untimely. Health & Safety Code §11488.5(a)(1), provides, in pertinent part, that “[a]ny person claiming an interest in the property seized pursuant to Section 11488 may, unless for good cause shown the court extends the time for filing, at any time within 30 days . . . after receipt of action notice, file with the superior court of the county in which the defendant has been charged with the underlying or related crimi...
2021.04.23 Demurrer 160
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.04.23
Excerpt: ...or failure to comply with Local Rule 3.3.7. On March 29, 2021, defendant refiled the general and special demurrer to the fourth cause of action on the grounds that plaintiff failed to state facts sufficient to constitute a viable cause of action. Defendant's request for judicial notice as to plaintiff's original Complaint, plaintiff's First Amended Complaint, and plaintiff's Second Amended Complaint, pursuant to Evidence Code sections 452 and 453...
2021.04.09 Motion for Terminating Sanctions 876
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.04.09
Excerpt: ...n filed a motion to compel that the Court granted on December 11, 2020, and ordered plaintiff to fully answer both sets of interrogatories and produce all requested documents (included proper verification) by the close of business on January 8, 2021. On December 21, 2020, Mr. Vitton's responses to both sets of interrogatories and request for production of documents were found at the front door of Ms. Johnson's attorney's office. The responses wer...
2021.04.09 Demurrer 554
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.04.09
Excerpt: ...acts necessary to establish each element of the cause of action pleaded. (Committee on Children's TV, Inc. v General Foods Corp. (1983) 35 Cal.3d 197, 212.) A pleading does not sufficiently state a cause of action when any facts necessary to establish an essential element of a cause of action are missing. (Baldwin v Marina City Props., Inc. (1978) 79 Cal.App.3d 393, 410.) Although plaintiff incorporated by reference all prior paragraphs of the co...
2021.03.26 Demurrer 160
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.03.26
Excerpt: ...t complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐deficient motion. Based solely upon defendant's failure to comply with Local Rule 3.3.7, the demurrer is OVERRULED, without prejudice to refile, to the extent it otherwi...
2021.03.19 Petition to Compel Arbitration 987
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.03.19
Excerpt: ...Vazquez, Melba C. Atty: Carlson Law Group; Foster Garvy Pc Tentative Ruling: Defendants contend that the binding arbitration clause of the Residential Purchase Agreement entered into on or about July 26, 2020, compels that process be ordered in lieu of these court proceedings; plaintiff opposes largely on procedural grounds. While the language of the agreement provides a provision to compel binding arbitration, there is a condition precedent, in ...
2021.03.05 Demurrer, Motion to Strike 302
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.03.05
Excerpt: ...r the plaintiff to allege its own construction of the contract. As long as the complaint does not place a clearly erroneous construction on the provisions of the contract, in passing upon the sufficiency of the complaint, the judge must accept as correct the plaintiff's allegations as to the meaning of the contract. (Rutherford Holdings, LLC v Plaza Del Rey (2014) 223 Cal.App. 4th 221, 229.) Both parties agree Business and Professions Code §7159...
2021.02.26 Application for Good Faith Settlement 718
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.02.26
Excerpt: ... On January 11, 2021, defendants Coyle filed this motion contesting Peninsula's application. Defendants Coyle erroneously assert Peninsula bears the burden to prove this a good faith settlement, contrary to statutory authority as California Code of Civil Procedure §877.6(d) provides the “party asserting the lack of good faith shall have the burden of proof on that issue.” The California Supreme Court in Tech‐Bilt, Inc. v Woodword‐Clyde &...

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