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191 Results

Location: Calaveras x
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...
2018.7.27 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 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 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...
2018.7.6 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...
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...
2018.6.29 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...
2018.6.22 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...
2018.6.8 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...

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