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131 Results

Location: Calaveras x
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 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 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...
2019.2.1 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. ...
2019.1.25 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 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...
2018.9.7 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...
2018.8.31 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 ...
2018.8.31 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 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...
2018.8.24 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...
2018.7.6 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...

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