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191 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 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...
2019.12.20 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...
2019.12.13 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 ...
2019.12.13 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...
2019.10.25 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...
2019.4.26 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 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 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 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. ...
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. ...
2019.2.1 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...
2019.1.25 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 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...
2018.9.7 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...

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