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203 Results

Location: Calaveras x
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...
2021.12.17 Demurrer 843
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.17
Excerpt: ...nly within the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or at matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. 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 acquaint a defendant with the nature, source and extent of the claim...
2021.12.17 Demurrer 171
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.17
Excerpt: ...me (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, a curious wrinkle has come to light necessitating further briefing. On 05/07/19, 82% of the qualified electorate approved the Appaloosa Road Community Services District Measure B, which increased the annual parcel tax in the Appaloosa Zone from $75 to $175. The ballot itself identi...
2021.12.07 Motion to Strike 154
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.07
Excerpt: ...ivate nuisance. Pursuant to CCP §§ 435 and 436, a party may move for an order striking from a pleading “any irrelevant, false or improper matter” or “any part of any pleading not drawn in conformity” with laws, rules or orders. A motion to strike is to be used sparingly, and only as is warranted to excision averments that have no basis in the action or which are not recoverable as a matter of law. See Ferraro v. Camarlinghi (2008) 161 C...
2021.12.03 Motion to Deem RFAs Admitted 420
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.03
Excerpt: ... date for compliance on 08/30/21. Defendant did not timely (or ever) serve responses. (See Freshman Decl Para 3.) Pursuant to CCP §2033.280(b), the party propounding RFAs may “move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.” The trial court “shall” grant the motion unless it finds that the party to whom the requests for ...
2021.12.03 Motion for Leave to File Complaint 004
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.03
Excerpt: ...ure to include this language in the notice may be a basis for the Court to deny the motion.” Although defendant is representing himself, he is still required to adhere to all the procedural requirements for law and motion, including all local rules. Based on defendant's failure to include the required language, the motion is DENIED, without prejudice to refile, to the extent it otherwise is timely and appropriate pursuant to relevant statutes. ...
2021.12.03 Motion for Judgment on the Pleadings 077
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.03
Excerpt: ...er “P&J”). According to the allegations of the operative pleading, both Callison and P&J had vested interests in the referenced real property transaction. On 10/06/21, new counsel for Callison filed a Request for Dismissal on behalf of P&J, despite there being no documentation in the court file that P&J ever retained Attorney Jeffrey in this action or that said counsel had in fact substituted as that party's representative. The dismissal was ...
2021.12.03 Motion for Attorney Fees 810
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.12.03
Excerpt: ...ng party in a civil action may recover, as a matter of right, attorney's fees when authorized by contract or statute. The “prevailing party” is the party with a net monetary recovery or for whom judgment is entered. (CCP §1032(a)(4).) There is no question here that defendant is the prevailing party, having secured both a judgment in its favor (see 06/18/18 Judgment), as well as in the instant matter an unqualified affirmance before the Third...
2021.11.19 Motion to Set Aside Default Judgment 405
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.19
Excerpt: ..., plaintiffs commenced the within action, naming “Sherry Crum” as a codefendant. On 09/09/20, plaintiffs effectuated substituted service upon “Sherry Crum” by leaving a copy of the summons and complaint with “Thomas Crum (an occupant)”. On 10/27/20, plaintiffs filed and served a Request for Entry of Judgment against “Sherry Jeffcrum” to the same address used for substituted service; Default was entered. On 07/01/21, this Court –...
2021.11.19 Motion for Leave to File SAC 103
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.19
Excerpt: ...s a desire to specify additional building standards. To amend a pleading already at issue, the sponsoring party is required first to seek leave of court by way of noticed motion. (CCP §473(a)(1).) Motions for leave are to follow the regular notice requirements contained in CCP §1005(b). 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 p...
2021.11.12 Objection to Violation of Stipulation, Request for Sanctions 171
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.12
Excerpt: ... defective because there is no indication in the moving papers that petitioner served a copy of the motion and waited the required 21 days “safe harbor” before filing this motion. (See CCP §128.7(c)(1); Primo Hospitality Group, Inc. v. Haney (2019) 37 Cal.App.5th 165, 173‐174; Martorana v. Marlin & Saltzman (2009) 175 Cal.App.4th 685, 698.) The safe harbor period is mandatory, and the full 21 days must be provided absent a court order shor...
2021.11.12 Motion to Enforce Settlement 331
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.12
Excerpt: ...l be scheduled. According to plaintiffs' counsel, the parties also agreed that if the survey showed encroachments, “they would be removed.” On 05/21/19, defendant Carol Gordon passed away. The oral settlement was never reduced to writing. On 04/10/20, plaintiffs filed a “Creditor's Claim” in a related Heggstad petition for the ostensible purpose of protecting the oral settlement. (See 19PR8204.) On 05/04/20, the estate tendered to plainti...
2021.11.05 Motion to Transfer Action, for Attorney Fees 397
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.05
Excerpt: ... provide defendant (homeowner) with landscape services for a fixed amount of $9,480.00. According to plaintiff, this was a heavily discounted estimate, offered on defendant's promise that she had more future projects. Apparently, those “other” projects never came to fruition, and the former working relationship degenerated. On 09/05/20, defendant filed a small claims action (apparently in Contra Costa or Alameda County) against plaintiff and ...
2021.11.05 Motion to Expunge Lis Pendens 713
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.05
Excerpt: ...cial Notice is granted pursuant to Evidence Code Sections 452 and 453 as to all eight offered exhibits; see 18CV43734 and 19CV44032). (This is a renewed motion, the prior having been denied without prejudice for failing to comply with Local Rule 3.3.7.) Pursuant to CCP §405.30, anyone with an interest in real property may move a court for an order expunging a lis pendens. A court “shall” grant a motion to expunge if either of the following c...
2021.11.05 Motion to Deem Matters Admitted 502
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.05
Excerpt: ...erved upon defendant Requests for Admission, Set One, by regular US Mail at defendant's service address. Pursuant to CCP §§ 1013 and 2033.250, defendant had 35 days from the mailing to provide a verified written response. Defendant did not timely (or ever) serve responses. (See Kenosian Declaration, Paragraph 5.) Pursuant to CCP §2033.280(b), the party propounding RFAs may “move for an order that the genuineness of any documents and the trut...
2021.11.05 Motion to Consolidate Complaints for Quiet Title 758
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2021.11.05
Excerpt: ...g Claim, (hereinafter referred to as “subject property”). Before the Court is an unopposed motion to consolidate this civil action with a nearlyidentical civil action filed by plaintiffs (21CV45366). Both lawsuits involve claims of adverse possession to the same property by the same putative owners against many of the same defendants. Both complaints were verified (though only the 2021 lawsuit was verified by both Gilbert and David). The case...

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