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343 Results

Location: Calaveras x
2022.04.08 Motion for Leave to File FAC 940
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.04.08
Excerpt: ...473(a)(1).) Pursuant to CRC 3.1324, the moving party must specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and include with the moving papers a copy of the proposed amended pleading and a declaration specifying the effect of the amendment(s); why the amendment is necessary and proper; when the facts giving rise to the amended allegations were discovered; and the reasons why the ...
2022.04.08 Demurrer 540
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.04.08
Excerpt: ...sue of law regarding the sufficiency of the allegations set forth in the complaint. The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein), or from matters outside the pleading which are judicially noticeable. In general, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with sufficient detail to ...
2022.03.18 Motions to Compel Further Responses 854
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.03.18
Excerpt: ... appointed.) The first motion involves a request for production of all communications concerning the subject property between plaintiff and Tanko Well Drilling (No. 10), Dave's Plumbing (No. 11), AL Guy Jordan Company (No. 13), Mark Lawrence Baymiller (No. 15), Life Safety Fire Protection (No.17), American Gutter Solutions (No. 18), and WeatherbyReynolds Consulting Engineers, Inc. dba Weatherby‐Reynolds‐Fritson Engineering (No. 19). For each,...
2022.03.18 Motion to Compel Production of Docs 151
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.03.18
Excerpt: ...defendant Ronald Parker to produce at his deposition documents responsive to the following categories: • No. 11: “All non‐privileged writings relating to your responsibility for the subject brush fire at issue in this action on July 12, 2017.” • No. 13: “All non‐privileged writings relating to your claims against MAT Holdings, Inc. in this action.” • No. 19: “All writings which support defendant's denial of liability for the i...
2022.03.04 Motion to Strike Punitive Damages and Irrelevant Averments 708
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.03.04
Excerpt: ...ceipt of any opposition to the motion. Contrary to popular belief, there is no true heightened pleading requirement for a punitive damage prayer based on malice or oppression (as there is for fraud). However, conclusions of law without factual support are insufficient to withstand pleading attack. (See Curcini v. County of Alameda (2008) 164 Cal.App.4th 629, 650; Smith v. Superior Court (1992) 10 Cal.App.4th 1033.) In the context of a non‐inten...
2022.03.04 Motion to Quash Service of Summons 752
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.03.04
Excerpt: ...oof of Service indicating that Ian Braman was personally served with the summons and complaint on 01/04/22 at 3:00 p.m. at his workplace. However, defendant advises that the service package was in fact left with a co‐ worker (Kathy Bandy) because defendant was on the phone. Defendant admits to receiving the service package within 10 minutes of its delivery to the office, and further admits that he went to greet the process server in the lobby, ...
2022.03.01 Motion to Intervene in Putative Class Action 460
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.03.01
Excerpt: ...o promote fairness by involving all parties potentially affected by a judgment. Intervenors here claims to be potential members of a class based on the operative allegations, but are concerned that their interests are not being adequately protected by the current class representatives. According to intervenors, the current class representatives and class counsel “propose to take the case in a different direction [and] are neither committed nor ...
2022.02.25 Motion for Terminating Sanctions 854
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.02.25
Excerpt: ..., objection‐free responses” to form interrogatories, special interrogatories, and requests for production of documents. Although plaintiffs missed the stated deadline for doing so, counsel explains that he succumbed to COVID and was innocently delayed in serving what has now been served. He further points out that even a hint of a meet and confer would have revealed counsel's plight. Further, in the interests of justice and judicial economy, ...
2022.02.25 Demurrer to SAC 103
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.02.25
Excerpt: ...action set forth in the operative Second Amended Complaint. The pleading is very challenging to navigate, due in large part to plaintiffs' reference to defendants by multiple code names. With regard to the Second (nuisance), Fifth (fiduciary duty), and Tenth (implied warranty) causes of action, defendants contend that these common law claims are displaced (aka preempted) by the statutory Right to Repair Act. The California Supreme Court, in McMil...
2022.02.25 Application for Preliminary Approval of Class Action Settlement 611
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.02.25
Excerpt: ...rt this day is the initial hearing on plaintiff's application for provisional certification of a class, preliminary approval of class settlement, and approval of a PAGA settlement. The gross settlement amount (“GSA”) is $170,000.00, which is intended to cover an unknown number of non‐exempt hourly employees suffering one of many wage/hour violations. This is a non‐reversionary settlement (meaning nothing goes back to the defendant). The p...
2022.02.04 Demurrer 077
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.02.04
Excerpt: ...nty Superior Court Case No SCV260362 (hereinafter “Judgment”) for the amount of $965,000.00. On 01/10/19, defendant Rose Ortiz and Dan Riordan executed an Assignment of Equity in favor of plaintiff, pledging “in reduction of that certain Judgment all right title and interest in any and all equity which they may hold in 2235 Skunk Ranch Road, Murphys.” It is alleged that Rose Ortiz owned the property, and that Dan Riordan had some equitabl...
2022.02.04 Motion for Leave to File FAC 940
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.02.04
Excerpt: ...CCP §473(a)(1).) Pursuant to California Rules of Court, Rule 3.1324, the moving party must: a) Specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and b) Include with the moving papers: ▪ a copy of the proposed amended pleading; and ▪ a declaration specifying: (1) the effect of the amendment(s); (2) why the amendment is necessary and proper; (3) when the facts giving rise to t...
2022.02.04 Motion to Compel Further Responses 319
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.02.04
Excerpt: ...duction of the report requested, plaintiffs are correct that the varying responses are inconsistent and permit ambiguity. A party responding to an RPD is obligated to provide a response which mirrors one of these three responses: (1) a verified statement of compliance, which includes the actual documents (organized and labeled or as they are kept in the usual course of business) or a clear indication as to when and how the documents will be provi...
2022.01.28 Motion to Set Aside Entry of Default 585
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.01.28
Excerpt: ...t. The motion is GRANTED. Plaintiff reportedly effectuated service of the summons on The Resort at Lake Tulloch, LLC, by leaving a copy of the service package with an unidentified male answering the door at 1034 E. Belmont Abbey Lane, Claremont, CA 91711‐1463. According to the POS, this was an attempt to sub‐serve the agent for service of process. The POS indicates that the address where service occurred was a home, not a business. Pursuant t...
2022.01.28 Demurrer to Petition, Motion for Writ of Mandate 707
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.01.28
Excerpt: ...hether it was extended pursuant to statute. The County deemed the map expired, and thus unavailable to record. The planning commission denied petitioner's appeal, as did the Board of Supervisors. Before the Court first is respondent's demurrer to the Petition. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. The challenge is limited to the “four corners” of the pleading (which includ...
2022.01.14 Demurrer to Third Amended Petition 171
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.01.14
Excerpt: ...e time (see Minute Order dated 07/02/21), and at that time found “a reasonably possibility that Petitioner can state a good cause of action.” However, since that time, an interesting wrinkle has come to light necessitating further briefing. On 05/07/19, 82% of the qualified electorate approved Appaloosa Road Community Services District Measure B, which increased the annual parcel tax in the Appaloosa Zone from $75 to $175. The ballot itself i...
2022.01.14 Application for Preliminary Approval of Class Action Settlement 611
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.01.14
Excerpt: ...rt this day is the initial hearing on plaintiff's application for provisional certification of a class, preliminary approval of class settlement, and approval of a PAGA settlement. The gross settlement amount (“GSA”) is $170,000.00, which is intended to cover an unknown number of non‐exempt hourly employees' claims of at least one of many wage/hour violations. This is a non‐reversionary settlement (meaning nothing goes back to the defenda...
2022.01.07 Motions to Compel Initial Responses to Discovery 132
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.01.07
Excerpt: ...tedly covering both residences; defendant has a contrary interpretation of events. The litigation history between plaintiff and defendant is complex, as reflected in the various legal proceedings between them. (See 20CH45068, 21UD13373, 21UD13416, and 21CH45278.) In this seemingly straightforward civil action, plaintiff alleges thirteen (13) causes of action, ranging from breach of contract to invasion of privacy and assault. Before the Court is ...
2022.01.07 Motion for Summary Adjudication 976
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.01.07
Excerpt: ...mation 7 th COA: Breach of Mandatory Duties 8 th COA: Negligence Per Se 9 th COA: Intentional Infliction of Emotional Distress 10th COA: Negligent Infliction of Emotional Distress 11th COA: Estoppel 12th COA: Breach of Implied‐In‐Fact Contract 13th COA: Breach of Implied Covenant of Good Faith and Fair Dealing 14th COA: Common Count As this Court has previously observed, the varied claims and contentions makes this case a challenge to resolve...
2022.01.07 Motion for Judgment on the Pleadings 587
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.01.07
Excerpt: ...r she failed to check any of the boxes. As such, she has neither admitted anything, nor has she denied anything. A statutory motion for judgment on the pleadings is similar to a demurrer, except that the motion (1) can be made at any time 30 days prior to the initial trial date, but (2) only after defendant has answered and (3) only on the grounds of subject‐matter jurisdiction or failure to state a cause of action. (CCP §438(c)‐(f).) The ru...
2021.12.17 Motions to Compel Initial Responses 365
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.17
Excerpt: ...standing discovery. The motion remains unopposed. As an initial matter, this motion as presented is technically deficient in that it combines 136 separate motions into one. Plaintiffs are seeking 136 distinct orders, which means there are 136 motions here. (See CCP §1003.) Pursuant to Govt Code §70617, defendants must tender $60 for each motion seeking an order even if the motions are heard together. Although one commingled memorandum is permis...
2021.12.17 Motions to Compel Initial Discovery Responses 854
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.17
Excerpt: ...ay. Instead, counsel has made what appear to be empty promises to comply. All of the motions on calendar this day are unopposed. Motion #1: This motion is actually several motions in one, but under the circumstances this Court will forgive the failure to tender proper motion fees. (See Govt. Code §70617.) This is a refiling of the motion previously filed with a defective notice. Although plaintiffs filed opposition to that motion, they did not o...
2021.12.17 Motion to Consolidate Related Cases 758
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.17
Excerpt: ...roperty”). Before the Court is the continued hearing on plaintiff's unopposed motion to consolidate this civil action with 21CV45366. As previously noted, both lawsuits involve claims of adverse possession to the same property by the same putative owners against many of the same defendants. At the prior hearing, this Court made the following salient observations: First, there was a due process concern regarding plaintiff's failure to serve Char...
2021.12.17 Motion for Judgment on the Pleadings 502
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.17
Excerpt: ...that the pleading plaintiff wants judgment on is its complaint filed 05/12/21, though the motion makes repeated reference to defendant's answer filed 06/30/21. The request for judicial notice is granted pursuant to Evidence Code §§ 452 and 453. A statutory motion for judgment on the pleadings is similar to a demurrer, except that the motion (1) can be made at any time 30 days prior to the initial trial date, but (2) only after defendant has ans...
2021.12.17 Motion for Judgment on the Pleadings 077
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.17
Excerpt: ...es was representing itself in the action. Attorney Jeffrey was not representing Pollock & James and had no obvious authority to file anything on behalf of Pollock & James, especially something as material as a dismissal of their claim. (See CRPC 1.2(a) and Maddox v. City of Costa Mesa (2011) 193 Cal.App.4th 1098, 1105.) Even though an attorney in the law firm of Pollock & James signed the Request for Dismissal, there is no indication that Attorne...

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