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131 Results

Location: Calaveras x
2018.7.27 Motion to Enforce Arbitration 075
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.7.27
Excerpt: ...cause of action for PAGA claims precludes arbitration and additionally that defendant waived its right to compel arbitration by waiting 18 months to seek this relief. Plaintiff's complaint follows all pleading requirements to assert that the claims are in the nature of a class action on behalf of all similarly situated and that it contains a PAGA claim asserted on behalf of the general public. This Court finds that the California Supreme Court de...
2018.7.27 Motion to Compel Responses, for Monetary Sanctions 696
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.7.27
Excerpt: ...ff Michelle Munnicks and on plaintiff Doriann Munnicks (by and through her guardian ad litem). No responses have been received to date. Code of Civil Procedure Section 2030.260 provides that responses to interrogatories be served within 30 days and CCP § 2030.290 provides that failure to timely provide responses waives any right to exercise the option to provide writings as responses and also waives any objections. Based on the foregoing, Defend...
2018.7.27 Motion to Strike Answer 127
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.7.27
Excerpt: ...t to Code of Civil Procedure Sections 446(a) and 2015.5. Plaintiffs Request For Judicial Notice of the answer is Granted pursuant to Evidence Code Section 452(d). The provisions of CCP § 446 that a verified complaint be responded to with a verified answer are mandatory. Defendant Urteaga's answer fails to contain the necessary verification language of CCP § 2015.5. Based on the foregoing, Plaintiffs' Motion To Strike Defendant Urteaga'a Answer ...
2018.7.20 Motion to Vacate Order, Correct Clerical Mistakes 976
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.7.20
Excerpt: ... defendants' demurrer and issued its ruling on May 30, 2018. Defendants seek to have the Court vacate that Order and issue a new ruling correcting alleged clerical errors, specifically omission of paragraphs 5, 6, 7, and 8 from the tentative ruling posted on the Court's website. The Court is confused by the present motion. Review of the tentative ruling posted on the Court's website and the Ruling issued on 5/30/18 that is contained within the Co...
2018.7.20 Motion for Relief from Inadvertent Failure to Comply 043
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.7.20
Excerpt: ... 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, contending the 90 days was triggered by the filing of the operative petition, i.e., the ...
2018.7.13 Motions to Quash Service of Summons, to Strike, OSC Re Contempt, for Entry of Default 183
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.7.13
Excerpt: ... making a traffic stop for plaintiff exceeding the speed limit. Plaintiff used the services of the Calaveras County Sheriff's Office to serve defendant by substitute service, delivering a copy to the CHP office on Sunday, May 6, 2018, and mailing a second copy. Defendant contends this was improper and moves to quash service. Plaintiff has filed a “motion to strike defective motion to quash, motion to show cause for contempt, motion for entry of...
2018.7.13 Motion to Expunge Lis Pendens 606
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.7.13
Excerpt: ...ior rulings by this Court confirmed on appeal by the Third District Court of Appeals have resolved all issues other than the cause of action for elder abuse, including those to quiet title and for partition. As a result, there is no longer any real property claim being asserted by plaintiff thereby removing the foundational basis under CCP § 405.20 for recording a lis pendens. Lacking this condition precedent, defendant is entitled to the relief...
2018.7.13 Motion for Leave to File Complaint 231
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.7.13
Excerpt: ...which were “recently paid”. Defendant opposes contending plaintiff has filed suit in the state of Nevada to recover the same $6,195.14 in damages stemming from this same accident against this same defendant. Defendant's request for judicial notice of Exhibit “A” is granted pursuant to Evidence Code Sections 452 and 453. Although plaintiff is correct that the general rule is liberality in allowing amendment of pleadings, this is not an abs...
2018.7.6 Motion to Compel Discovery Responses, for Leave to Amend, for Protective Order 877
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.7.6
Excerpt: ... for Admission Set Two; Ptff's Motion to Compel MTMC's Discovery Responses to Form Interrogatories General Set Two; Plntff's Motion for Leave to Amend; & Def OPTUM360's Services Inc.'s Motion for Protective Order; 08/22/2018 Trial Setting Conference Ptff/Pet: Mills, Steven Atty: Bohm Law Group Def/Res: Dignity Health; Dignity Health Dba Mark Twain Medical Center; Optum 360 Llc Atty: Kronick Moskovitz Tiedemann & Girard; Seyfarth S...
2018.6.29 Motion for Attorney Fees 810
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.6.29
Excerpt: ...ttorney's fees provision, as well as Civil Code Section 5975, defendant now seeks an award of attorney's fees in the amount of $264,777.47. Plaintiff contests certain of the fees as unreasonable and unnecessary, and requests that the Court reduce the amount of attorney's fees to be awarded to $262,361.97. In general, the Court does not find persuasive the contentions that given tasks should have been completed in less time than what was billed ...
2018.6.29 Demurrer 075
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.6.29
Excerpt: ...ndents and real parties in interest demur contending petitioners failed to exhaust their administrative remedies under the “pay first, litigate later” doctrine and alternatively that the petition and complaint fail to plead facts constituting a cause of action largely based upon their interpretation of “registration” and “applicant” under the provisions of then‐existing county code chapter 17.95. Respondents' request for judicial no...
2018.6.29 Motion to Dismiss 036
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.6.29
Excerpt: ... 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, contending the 90 days was triggered by the filing of the operative petition, i.e., the first amended petition filed on 4/26/18 or, alternatively, seek relief for attorney mistake purs...
2018.6.22 Motion to Compel Production, for Monetary and Contempt Sanctions 319
Location: Calaveras
Judge: Doughterty, Frank
Hearing Date: 2018.6.22
Excerpt: ...n of produced documents. (The Court notes plaintiff's labeling of the motion as one to “compel production” oversimplifies the relief sought.) Plaintiff additionally seeks imposition of “monetary and contempt sanctions”; the Court notes its consideration of any sanctions involves provisions of the discovery act contained within the Code of Civil Procedure as there is no contempt proceeding before the Court. Defendants have not filed any op...
2018.6.22 Motion for Summary Judgment, Adjudication 000
Location: Calaveras
Judge: Doughterty, Frank
Hearing Date: 2018.6.22
Excerpt: ...d duty to indemnify by payment of the settlement in the related underlying case of State Farm v Tidwell 12CV38248. Defendants concede the duty to defend (albeit contesting the effective date that said duty arose) and opposes the MSA on the issue of a duty to indemnify, both on macro grounds that coverage under the policies has not been established and micro grounds that the underlying settlement was excessive and/or the product of collusion and f...
2018.6.15 Motion to Set Aside Dismissal 004
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.6.15
Excerpt: .... Plaintiff infers the dismissal was based solely on the motion to dismiss critically leaving out that on 12/16/16 this Court sustained a demurrer to the complaint, without leave as to two causes of action, and with twenty (20) days leave to amend as to the remainder of the complaint. Plaintiff never filed a first amended complaint. Therefore, a motion to dismiss pursuant to Code of Civil Procedure Section 581(f)(2) could have been timely filed i...
2018.6.15 Motion for Preliminary Injunction or Administrative Stay, for Joinder 043
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.6.15
Excerpt: ... Petitioners contest the Calaveras County Board of Supervisors' action taken on January 10, 2018, banning cannabis cultivation in the county, seeking a preliminary injunction or, alternatively, an administrative stay, alleging in essence a failure to comply with the environmental impact report (EIR) requirements of CEQA (California Environmental Quality Act, codified as Public Resources Code Sections 2100 et seq.). Respondents oppose contending a...
2018.6.8 Motion for Summary Adjudication 000
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.6.8
Excerpt: ...lement in the related underlying case of State Farm v Tidwell 12CV38248. The Court notes that plaintiffs filed a second amended complaint on 5/8/18 that was served by mail making defendants' answer due to be filed and served no later than 6/13/18, i.e., five (5) days after the date noticed for hearing on the present motion. Although it is possible that any changes contained in the second amended complaint and any changes that might be contained i...
2018.6.1 OSC Re Contempt and Enforcement of Court Order 413
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.6.1
Excerpt: ...s and request this Court to schedule an Order To Show Cause hearing to determine if defendants are in contempt of the default judgment and consider other means for enforcement of court orders. Plaintiff has provided a sufficient affidavit under penalty of perjury containing the necessary prima facie showing of facts consisting of the making of the court order, defendants' knowledge of the order, defendants' ability to comply with the order, and d...
2018.5.25 Motion to Reinstate Jury Trial, Continue Trial 160
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.5.25
Excerpt: ...ugust 2018. Subsequently, counsel for defendant submitted a stipulation and proposed order to “reinstate” jury trial which was denied by this Court for the failure to assert the necessary good cause, albeit without prejudice to renew the request by way of noticed motion. Defendant now moves this Court to “reinstate” a jury trial asserting as the requisite good cause an inadvertence on the part of counsel to timely post the jury fee deposi...
2018.5.25 Demurrer 976
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.5.25
Excerpt: ...firmatively evident from the pleading itself without consideration of any extrinsic evidence. (Sheehan v San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992.) In ruling on a demurrer, the Court must liberally construe the allegations in the pleading with the goal of attaining substantial justice among the parties. (Code of Civil Procedure Section 452; King v Central Bank (1977) 18 Cal.3d 840. (Even if the facts are not clearly stated, a pleading show...
2018.5.18 Motion to Compel Responses, Request for Monetary Sanctions 592
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.5.18
Excerpt: ... responses have ever been provided. Code of Civil Procedure Section 2030.260 provides that responses to interrogatories be served within 30 days and CCP § 2030.290 provides that failure to timely provide responses waives any right to exercise the option to provide writings as responses and also waives any objections. Code of Civil Procedure Section 2031.260 provides that responses to requests for production of documents be served within 30 days ...
2018.5.11 Motion to Discharge Stakeholder 968
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.5.11
Excerpt: ...ed to deposit with the Court to be distributed upon agreement or determination among the competing claims regarding said funds. Plaintiff has been holding the funds in escrow since 12/28/11 and has received no response from the seller to two notices of escheat of unclaimed property leading to the filing of this interpleader action. No opposition having been filed and the requested relief appearing appropriate, the Court intends to sign the submit...
2018.5.11 Motion to Compel Arbitration, Stay Proceedings 248
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.5.11
Excerpt: ... expressing that as a successor to the original contract it is not bound by the arbitration clause. Part of the Court's analysis of defendant's motion is taking into consideration that defendant represents herself while plaintiff is represented by counsel. Although the court has a general duty to treat a self‐represented litigant in the same manner as a person represented by counsel – i.e., no different, no better, no worse (Taylor v Bell (19...
2018.5.4 Request for Admission Deemed Admitted, for Sanctions 873
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.5.4
Excerpt: ...fin Llp Tentative Ruling: On January 31, 2018, defendant Nationstar Mortgage LLC served requests for admission on plaintiff Rodney E. Weathers dba All Weather Construction. No responses have been served to date and Nationstar seeks to have the requests deemed admitted and sanctions imposed in the amount of $920. Code of Civil Procedure Section 2033.280 (c) mandates that the Court deem facts admitted and the genuineness of documents, and award san...
2018.4.6 Motion to Strike 877
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.4.6
Excerpt: ... constructively terminated from his employment at Mark Twain Medical Center stemming from his having raised numerous concerns about concerns about policies, practices and equipment at the medical facility, including a cause of action based on a claim he was retaliated against in violation of Health & Safety Code Section 1278.5. Defendant Dignity Health's motion seeks to strike that portion of the cause of action that includes a jury demand. Notin...

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