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Location: Calaveras x
Judge: Smith, Thomas A x
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...
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...
2018.8.3 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...
2018.7.20 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 ...
2018.7.6 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...
2018.7.6 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...
2018.6.15 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...
2018.5.18 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...
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 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 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...
2018.3.23 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...
2018.3.16 Motion to Set Case for Trial 572
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.3.16
Excerpt: ...raightforward case” which will not require more than one to two hours for a bench trial. Defendants further request that the matter be set for trial as soon as two weeks after the hearing on this motion. Initially, the Court concurs with defendants that the Court has wide discretion concerning trial management. Taking defendants' contentions that this is a “straightforward case” that will consume only 1‐2 hours for a bench trial at face v...
2018.3.16 Motion to Set Aside Dismissal 947
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.3.16
Excerpt: ...support of the motion acknowledges actual knowledge of the trial date as of September 1, 2017. The motion and declaration thereafter appear to somewhat place responsibility for the nonappearance on “changes related to staff” and/or failure to have “local appearance counsel conduct the bench trial” and asserts these shortcomings as “excusable neglect”. The Court is unpersuaded these assertions amount to “excusable” neglect pursuant...
2018.3.16 Motion for Summary Judgment, Adjudication 810
Location: Calaveras
Judge: Smith, Thomas A
Hearing Date: 2018.3.16
Excerpt: ...ot, contending that he can only be assessed single member dues regardless of the number of lots he owns under the HOA's establishment as a tax exempt social and recreational club. Plaintiff now moves for summary adjudication on his fourth and fifth causes of action for declaratory relief and permanent injunction, respectively, contending these causes are proven as a matter of law by the sentence in defendant's verified answer admitting paragraph ...
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...

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