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191 Results

Location: Calaveras x
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...
2018.6.15 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...
2018.6.1 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...
2018.4.27 Motion to Compel Answers 539
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.4.27
Excerpt: ...plaintiffs failed to comply with the notice requirements of Local Rule 3.3.7 as amended January 1, 2018. Said Local Rule explicitly includes a provision that failure to comply “may be a basis for the Court to deny the motion”. However, in light of defendant's disregard for the discovery statutes and the obligations they place on parties, the Court exercises its discretion to rule on the merits of the motion rather than its procedural shortcom...
2018.4.27 Motion to Strike 000
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.4.27
Excerpt: ...as moved to strike paragraph 70 of the first amended complaint and the associated portion of the prayer for relief seeking injunctive and restitution relief consisting of auditing, changing, and overseeing defendant's claims practices. A motion to strike is used to challenge the legal sufficiency of all or part of a pleading, in particular to challenge pleading defects that cannot be challenged by demurrer. (CLD Construction, Inc. v City of San R...
2018.4.20 Demurrer 875
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.4.20
Excerpt: ... and eventually a wine tasting room. Defendant Board of Supervisors took up the application twice, eventually denying the re‐zoning by a 3‐2 vote on August 22, 2017. Petitioner/Plaintiff then filed suit seeking to have this Court direct the Board to approve his application in essence contending the denial was arbitrary based on his tenant's small cannabis cultivation site on the parcel. Defendants' demur contending petitioner/plaintiff has no...
2018.4.20 Motion to Compel Further Responses, for Monetary Sanctions 810
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.4.20
Excerpt: ...he information. Although defendant likely is correct on the merits that the reference to information that CPS may or even likely has is an insufficient response, the present motion suffers from two procedural flaws. Initially, the proof of service reflecting service by mail on March 23, 2018, for a hearing date of April 20, 2018, does not meet the combined minimum requirements of Code of Civil Procedure Sections 1005 and 1013. The sixteenth court...
2018.4.20 Motion to Expunge Lis Pendens 233
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.4.20
Excerpt: ...secured by a deed of trust on the involved property. After completion of the trustee's sale, defendants herein prevailed on a separate unlawful detainer action in which plaintiff herein's defense consisted of contesting the validity of the trustee's sale. When this matter proceeded to trial, the Court took judicial notice of the unlawful detainer action and then excluded evidence on the claim of irregularity in the foreclosure process ultimately ...
2018.4.6 Demurrer, Motion to Strike 224
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.4.6
Excerpt: ..., Robert G; O'shea, Michael; Parker, Stacey; Schink, Julian; Schink, Roger Allan; Steenbakkers, Trevor J; Wingerter, Pamela W Atty: Towner, Bruce M; McCormick Barstow Sheppart Wayte & Carruth Llp TENTATIVE RULING ON DEFENDANTS MORRIS/WINGERTER/STEENBAKKERS' DEMURRER TO SECOND AMENDED VERIFIED COMPLAINT This shareholder derivative action contends the shareholders of the Burnette Company other than plaintiff damaged the company through improper...
2018.4.6 Motion for Judgment on the Pleadings 784
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.4.6
Excerpt: ...atisfy the first mortgage lien on the property held by Umpqua Bank. Global Equity moves for judgment on the pleadings contending the complaint fails to state a basis for a breach of the contract or for unjust enrichment. (The Court notes that Global Equity requests judgment on the pleadings “against the Complaint” but asserts arguments only concerning the causes of action for breach of contract and unjust enrichment; the complaint actually co...
2018.4.6 Motion for Summary Judgment, Adjudication 403
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.4.6
Excerpt: ... THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Plaintiff alleges defendant Poker Flat Property Owners Association, Inc. breached her employment contract and committed various associated torts primarily by disclosing confidential employee information. Defendant Poker Flat moves for summary judgment or alternatively summary adjudication as to every cause of action. Poker Flat's Request for Judicial Notice is Granted as to Exhibits P and Q pursuan...
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...
2018.3.23 Demurrer, Motion to Strike 289
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.3.23
Excerpt: ... cultivate cannabis that was affirmed on appeal by the County Office of Administrative Hearings. Respondents (collectively referred to as County) have demurred (and concurrently filed a motion to strike) pursuant to Code of Civil Procedure Section 430.10 contending this Court lacks jurisdiction and alternatively that petitioner's pleadings fail to constitute a causer of action and/or are uncertain, ambiguous and unintelligible. Petitioner's plead...
2018.3.9 Motion for Trial Preference 298
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.3.9
Excerpt: ...i.e., she is more than 70 years of age and plaintiff's health is such that preference is necessary to prevent prejudicing plaintiff's interest in the litigation. However, this matter is not at issue as the Court's file contains no proof of service of the first amended complaint occurring after this Court granted leave to file said pleading on 11/17/17. Additionally, there is no answer, default, or dismissal of defendant Steven Mitchell with regar...
2018.3.9 Demurrer 814
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.3.9
Excerpt: ...that soured along the way leading to the current litigation that revolves around varying descriptions of who was at fault for the falling out. Cross‐defendants have demurred to the first cause of action for breach of contract contending it cannot state a cause of action as it is based on an illegal contract as cannabis is a controlled substance under federal law, as to the third cause of action for fraud fails because it does not state its alle...
2018.3.2 Motion to Expunge Lis Pendens, Post Undertaking 233
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.3.2
Excerpt: ... CONTINUED RECORDATION Plaintiff filed this suit in 2008 contending defendants wrongfully conducted a trustee's sale after plaintiff defaulted on a promissory note secured by a deed of trust on the involved property. After completion of the trustee's sale, defendants herein prevailed on a separate unlawful detainer action in which plaintiff herein's defense consisted of contesting the validity of the trustee's sale. When this matter proceeded to ...
2018.3.2 Motion for Summary Judgment 660
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.3.2
Excerpt: ...Carlson Law Group; McCormick Barstow Sheppart Wayte & Carruth Llp Tentative Ruling: RULING ON DEFENDANT MARK BATEMAN DBA MDL HOME INSPECTIONS' MOTION FOR SUMMARY JUDGMENT 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. The only cause of action contained in the first amended complaint that contains allegations as to d...
2018.3.2 Motion for Relief from Stay 934
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.3.2
Excerpt: ...in judgments for Ponte and her attorneys in a total amount of $35,786.29 ($15,810.00 for Ponte to complete Lokey's purchase of the property under the settlement agreement, $11,886.93 for Ponte in executor's commissions and costs, and $8,089.36 for the law firm of Dambacher, Trujillo & Associates for attorney's fees and costs). Lokey has perfected appeals of this Court's Orders. Ponte now seeks relief from the stay to have this Court order the sal...
2018.3.2 Motion for Determination of Good Faith Settlement, for Summary Judgment 099
Location: Calaveras
Judge: Harlan, Susan C
Hearing Date: 2018.3.2
Excerpt: ...gainst the prior owners who had sold to plaintiffs, in essence contending alterations and improvements they made to the residence are the cause of the defects. The cross‐complaint alleges causes of action for indemnification, apportionment, declaratory relief, and negligence. Cross‐defendants move for summary judgment on the crosscomplaint. Defendant/cross‐complainant completed construction of the residence in 2005 after which it was purcha...

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