Excerpt: ... transcripts and the video depositions of plaintiff Margaret Williams and Jerry Lambert, a non‐party in this matter. (LBUSD is the defendant in a suit brought by Ms. Williams and believes depositions are directly relevant to that case. LBUSD's motion is DENIED. No authority, either statutory or case law, has been presented to support defendant's motion which is conclusory in nature. All parties in the above entitled matter signed the Stipulatio...

Excerpt: ...ree with the terms proposed by defendant. The Court DENIES the motion without prejudice. No evidence has been presented to support defendant's motion as to the claimed terms of the agreement. Defendant's motion is lacking Exhibits 2 through 7. Although a court reporter was present, neither party submitted a transcript outlining the parties' agreement. Defendant failed to comply with Local Rule 3.3.7 enacted January 1, 2018, by failing to include ...

Excerpt: ... Law Group Tentative Ruling: Defendants T & K Bennett Enterprises Inc. dba Century 21 Sierra Properties and Tamara Dillashaw's Motion for Summary Adjudication 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. Defendants T & K Bennett and Tamara Dillashaw, the listing real estate broker and agent, seek summary adjudicat...

Excerpt: ... Cattle Co. They borrowed money from Stockton Production Credit Association, but fell behind in payments. In 1983, Plaintiffs transferred their interest in the company to Defendant's husband, who in turn, granted Plaintiffs a hold harmless agreement. In 1984, Defendant's husband conveyed his interest in his home, referred to as the Mokelumne Hill property, to himself and Defendant. In February 1985, Defendant's husband died. The Credit Associatio...

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...

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...

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 ...

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...

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...

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 ...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...