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62 Results

Location: Mendocino x
2022.01.21 Demurrer
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2022.01.21
Excerpt: ...h the requirements of the Government Claims Act. The claims presentation requirements set forth in the Government Code require the claim to be filed and served on the public entity prior to filing any action. The reason for this requirement is obvious. The public entity needs to be put on notice of the claim, have an opportunity to investigate the claim, and accept or reject the claim. If rejected, the claimant then can file his action. In this c...
2021.12.17 Motion to Compel Further Responses 070
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.12.17
Excerpt: ...copy of the written incident report prepared by Angela Luis on the date of the incident and the recorded statement made to the adjuster by Anna Weber. The court finds that Defendant has waived any objections to the Request for interrogatories particularly as to the incident report, or the recorded Page 5 of 5 statement made to the adjuster due to its untimely response to the discovery requests. Amended responses to the Request for Interrogatories...
2021.12.03 Demurrer, Motion to Strike 798
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.12.03
Excerpt: ... an express or implied promise to terminate only for cause. Public employment is governed by statute and ordinance, and not contract principles. The court agrees with Defendants that the County does not have the power to create the employment contract that Plaintiff pleads. As to “Count 2” which is an allegation that the County violated Labor Code Sections 2922 and 2924 this Court has already ruled in an earlier demurrer that these sections d...
2021.11.05 Motion to Strike
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.11.05
Excerpt: ...inants attempt to amend other portions of the complaint is not permitted without leave of allowing them to do so. The granting of leave to amend after a demurrer is sustained only on one ground does not give the party leave to add any other possible causes of action or theories. (Citations omitted) Cross‐Complainants were given leave to amend the Third Cause of Action which they chose not to do. The court also notes that the amendments to the T...
2021.09.17 Motion for Sanctions 232
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.09.17
Excerpt: ...n‐responsive and are irrelevant to the requests made by Defendant. This will be Plaintiff's last opportunity to comply with a court order before the court considers dismissal sanctions. Monetary sanctions are awarded to the Defendant only, in the amount of $1,380 and shall be payable to counsel for Defendant within 20 days of the date the Order is signed. Moving party to prepare the proposed Order ...
2021.08.13 Motion to Set Aside Summary Judgment 399
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.08.13
Excerpt: ...sible evidence that the bench warrant issued for defendant James Laniksmith in December, 2019 was not entered into NCIC (Penal Code 980), or that the Mendocino County DA declined to extradite Mr. Laniksmith. ...
2021.08.13 Motion to Compel Responses 648
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.08.13
Excerpt: ......
2021.08.06 Motion to Stay or Dismiss Action Based on Improper Forum 170
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.08.06
Excerpt: ...entitled to enforce the forum selection clause.” (Bugna v. Fike (2000) 80 CA 4th 229, 233) Paramount did not meet its burden of establishing that Plaintiffs' claims against Paramount are “closely related” under the following criteria: 1) Paramount did not establish that it agreed to be bound by the terms of Plaintiffs' “Personnel Leasing Agreement” with SPLI; 2) Paramount did not establish that the contracting parties intended Paramount...
2021.07.23 Motion to Compel Responses, for Monetary Sanctions 483
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.07.23
Excerpt: ...nst Plaintiff Kevin Crum d) Defendant Hair's Motion to Compel Responses to Set 1 Special Interrogatories and for Award of Sanctions against Plaintiff Kaitlyn Gentry e) Defendant Hair's Motion to Compel Responses to Set 1 Requests for Production of Documents and for Award of Sanctions against Plaintiff Kaitlyn Gentry f) Defendant Hair's Motion to Compel Responses to Set 1 Form Interrogatories and for Award of Sanctions against Plaintiff Kaitlyn Ge...
2021.07.16 Demurrer, Motion to Strike 467
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.07.16
Excerpt: ...ause of action for trespass (See, e.g., Hensley v. San Diego Gas & Electric Co. (2017) 7 CA 5th 1337, 1348‐1349: “[O]nce a cause of action for trespass or nuisance is established, a landowner may recover for annoyance and discomfort, including emotional distress or mental anguish, proximately caused by the trespass or nuisance.” This is true even if the landowners are not onsite when the trespass occurs. (Ibid); Armitage v. Decker (1990) 21...
2021.07.16 Demurrer 668
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.07.16
Excerpt: ...required mortgage payments, these facts must be properly alleged in the complaint. Plaintiff must also clarify whether Plaintiff is a “debt buyer” under Civil Code 1788.58. ...
2021.05.21 Motion to Compel Further Responses 183
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.05.21
Excerpt: ... 2031.230. Plaintiff is ordered to provide “verified” responses without objections to the specific requests listed in the motion within 30 days from the date the order is signed. Moving party to prepare the proposed Order. No sanctions are ordered at this time. ...
2021.05.21 Motion to Compel Responses 931
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.05.21
Excerpt: ...ithout objections on or before June 11, 2021. The court will sign the proposed Order. Sanctions are awarded in the amount of $2,800.00. ...
2021.05.14 Demurrer, Motion for Protective Order 621
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.05.14
Excerpt: ... “false disparagement” etc. The court agrees with moving party that these are opinions and conclusions and are not facts to support these contentions. In addition, without more, there is no way to determine whether such actions derive from protected activity. (See CCP Section 425.16). The same reasoning applies to the Third and Fifth Causes of Action as well as to Mayfield only. Cross‐complainant shall have leave to amend this claim as we...
2021.04.16 Motion for Attorney Fees
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.04.16
Excerpt: ...ees under the Song‐Beverly Act is based on the lodestar method which requires the court to multiply the number of hours that are determined to be reasonably expended by a reasonable hourly rate. (Graciano v. Robinson Ford Sales (2006) 144 Cal. App. 4th 140.) The court finds that the hourly rates, while high for this locale, are reasonable particularly since there are no local attorneys that have the same, if any, expertise in Song Beverly Consu...
2021.03.26 Demurrer 868
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.03.26
Excerpt: ...rms relating to the sale and distribution of the cannabis cultivated on the property. The complaint clearly alleges that the Defendants are the agents of one another and an alter ego theory. The Demurrer itself is lacking in any concrete defects and simply alleges that the allegations are vague and ambiguous. The court disagrees. The complaint sufficiently identifies the claims made as to all Defendants and at this stage of the proceeding. Defend...
2021.03.05 Motion for Summary Judgment, Adjudication
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.03.05
Excerpt: ...ic Richfield Co. (2001) 25 Cal. 4th 826). A defendant meets this burden by presenting evidence which, if not contradicted, would constitute a preponderance of the evidence that an essential element of the plaintiff's case cannot be established (Kids' Universe v. In2Labs (2002) 95 Cal. App. 4th 870, 879.) Once the moving party has met its burden, the opposing party must show by admissible evidence that a triable issue of one or more material facts...
2021.03.05 Demurrer, Motion to Strike (2)
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.03.05
Excerpt: ...ifically demonstrating that indoor/outdoor restaurant dining contributes to the spread of the disease, the County Department of health had a rational basis to believe it does. The court relied on the various orders from the Governor and local governments and found that the decision to ban dining was not an invasion of rights and was not made without a rational basis given the undisputed fact that the disease spreads through airborne transmission ...
2021.03.05 Demurrer, Motion to Strike
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.03.05
Excerpt: ...ed the decedent was “delusional” and he “had been found to be disoriented to place and time” and “in obvious acute psychosis.” The decedent was allegedly “permitted to leave” the hospital, and drowned in the Noyo River on February 24, 2020. Plaintiffs allege that Defendants permitted the decedent to leave the hospital “constituted neglect and abuse of a dependent adult” pursuant to the Elder Abuse Act. Plaintiffs alleged, gene...
2021.01.29 Motions for Summary Judgment 522
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.01.29
Excerpt: ...gainst the claims of Escrow Cash Advance, LLC (“ECA”) and any other person claiming title to or an interest in said property. Kaufman alleged that on February 11, 2020 she obtained a default judgment in Kaufman v. Schwichtenberg, case no. SCUK‐CVG‐ 19‐72879 which granted her the right to specific performance of a lease option to purchase the property from Melody Schwichtenberg (Complaint, paragraphs 13‐14). ECA filed its answer to Kau...
2021.01.29 Motion to Change Venue 297
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2021.01.29
Excerpt: ...nts point out, that Plaintiffs' motion should contain more specific allegations about the witnesses who may appear at trial to allow the court could determine the materiality of the proposed testimony. Nevertheless, Plaintiffs have generally established that they will potentially call numerous witnesses named in the declarations of Brian Auchenbach, Shawn Fernandez and Patrick Hammond who have knowledge about Defendants allegedly giving legal adv...
2020.12.18 Motion for Summary Adjudication 878
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.12.18
Excerpt: .... There has been no objection to the Request for Judicial Notice of these documents and the court has reviewed and considered the documents. According to the licensing authority, Joe P. Moura Construction is a licensed contractor. Whether the designation of Lima as RMO is fraudulent or pure fiction does not negate the fact that the State considers Defendant to be licensed. Any claims that the license was procured by fraud or some other means will...
2020.11.20 Motion for Judgment on the Pleadings, for Summary Judgment, Adjudication 818
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.11.20
Excerpt: ...ication: Plaintiff's motion is denied on procedural grounds. 1) Plaintiff LLC lacks the requisite standing to initiate this case as it is currently plead, 2) The Declaration of Jerald Munn fails to comply with the necessary requirements for a declaration Page 5 of 5 executed in the State of California pursuant to CCP Section 2015.5. Based on the deficiency, any evidence supported by the declaration is inadmissible, 3) The Separate Statement of Un...
2020.10.09 Demurrer 536
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.10.09
Excerpt: ...ke the request for attorney fees pursuant to CCP Sections 1021.9 is granted as the facts alleged in this case do not support a recovery of attorney fees under this section. The motion to strike the request for damages pursuant to CCP Section 526 is granted as this section only provides for injunctive relief and not damages. CCP 731 allows the party bringing an action to abate or enjoin a nuisance to recover damages. The motion to strike the reque...
2020.10.02 Motion for Attorney Fees 149
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.10.02
Excerpt: ...title claims. In addition, while counsel attempted to highlight specific work relating to the cross‐complaint there were other entries relating to the cross‐ complaint that were not highlighted and it is not clear whether discovery work and depositions related to the underlying complaint or cross‐complaint. Finally, the work performed by Brian Momsen appears to be duplicative and there was no declaration filed by Mr. Momsen in support of th...

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