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131 Results

Location: Calaveras x
2020.01.10 Motion for Leave to Add Cause of Action 976
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2020.01.10
Excerpt: ...inent part, that “[a]ny judge, at any time before or after commencement of the trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading . . .” The Court finds plaintiff timely filed this motion as no trial date has been set. However, the Court agrees with defendant and finds plaintiff did not comply with California Rules of Court 3.1324(b) which states that a separate declaration must...
2019.9.27 Motion for Leave to File Complaint 266
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.9.27
Excerpt: ... complaint against plaintiff involving the same oral contract. A Case Management Conference has been set for October 19, 2019, as no trial has been schedule. Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedu...
2019.9.27 Demurrer 882
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.9.27
Excerpt: ... Division ‐ Sacramento Office; Brunn & Flynn; Matheny Sears Linkert & Jaime; Jaime, Matthew C Tentative Ruling: Plaintiffs filed the complaint on August 29, 2018. Plaintiffs filed the First Amended Complaint on February 19, 2019. Defendant timely demurred as to the second cause of action. On May 10, 2019, the Court SUSTAINED the demurrer to the second cause of action with twenty (20) days leave to amend. On May 31, 2019, plaintiffs filed the ...
2019.7.19 Motion to Compel Binding Arbitration and to Dismiss Action 298
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.7.19
Excerpt: ...delson, Christopher James Tentative Ruling: Moving defendants allege that an inspection agreement entered into on 12/28/17 included a binding arbitration agreement. Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such p...
2019.7.19 Demurrer 831
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.7.19
Excerpt: ...ently differentiated among the named defendants as to which specific acts are alleged as to which specific defendant, including detailing the alleged relationship between Cenlar, National and FBM. Furthermore, plaintiff re‐alleges and incorporates by reference therein each and every allegation contained in foregoing and successive paragraphs providing sufficient detailing for each defendant to respond to the allegations. Defendants' demurrer to...
2019.6.28 Motion to Strike Claim as Terminating Sanctions 675
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.6.28
Excerpt: ...ses was denied without prejudice for failure to comply with Local Rule 3.37; however, at the hearing confirming this denial on 2/15/19, claimant and his attorney were advised if proper responses were not provided, the Court expected a renewed motion which would be granted. No response forthcoming, a renewed motion to compel was filed and granted on 5/10/19. Claimant subsequently provided some documents but did not provide complete responses. CCP ...
2019.6.28 Motion to Compel Production and Impose Monetary Sanctions 319
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.6.28
Excerpt: ...dants' counsel sent a meet and confer letter that proposed to limit the requests. On April 25, 2019, plaintiffs' counsel responded advising the requests will not be limited. On April 30, 2019, defendants served a formal response to the demand for inspection objecting on various grounds to each demand and no documents were made available for inspection. (On May 31, 2019 defendants filed a related motion for a protective order; however, due to proc...
2019.6.28 Motion for Protective Order 319
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.6.28
Excerpt: ...ay 31, 2019 seeking a protective order as to said demand. Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐deficient motion. Based on defendants' failure, the Motion for Protective Order is DENIED wit...
2019.6.28 Demurrer 951
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.6.28
Excerpt: ...ction, the Court agrees with defendants that plaintiffs have overstated the role a single point of contact serves under Civil Code section 2923.7 as the complaint confirms such a contact was in communication with plaintiffs. Defendants' demurrer to the first cause of action is Sustained, With twenty (20) days leave to amend. Defendants' demurrer to the second cause of action is Sustained, with twenty (20) days to leave to amend. Plaintiffs failed...
2019.6.14 Demurrer 951
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.6.14
Excerpt: ...ion, the Court agrees with defendants that plaintiffs have overstated the role a single point of contact serves under Civil Code section 2923.7 as the complaint confirms such a contact was in communication with plaintiffs. Defendants' demurrer to the first cause of action is sustained, with twenty (20) days leave to amend. Defendants' demurrer to the second cause of action is sustained, with twenty (20) days to leave to amend. Plaintiffs failed t...
2019.5.31 Petition for Inspection and Abatement Warrant 474
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2019.5.31
Excerpt: ...continued until 5/31/19 because Vincent Vu, attorney for the plaintiff requested a continuance as “significant progress has been made in his case.” Court directed Mr. Santens, the new owner, to continue to work with the City of Angels. To date, no update as to the status of the request for inspection and abatement warrant has been provided to the Court. If the property continues to allegedly contain unsanitary conditions, petitioner's motion ...
2019.5.10 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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