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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: ...Plaintiff Connie Ellis to provide responses to Set One form interrogatories, special interrogatories and requests for production of documents d) Defendant Desert Import LLC's Motions to Compel Plaintiff Kailee Ellis to provide responses to Set One form interrogatories, special interrogatories and requests for production of documents. Tentative ruling: Deny each motion to compel as moot, given that Plaintiffs served complete, verified responses to...
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 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. ...
2021.05.21 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. ...
2021.05.14 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...
2020.10.02 Demurrer 135
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.10.02
Excerpt: ...s far. The allegations relating to attorney Lin's statements are privileged under Civil Code Section 47. It is not clear if Lin is included in the Third Cause of Action but if so, it should be properly identified and sufficient facts alleged to support any claim for fraud. The facts as alleged relate to her advice provided to the parties. Prior to any amendment Plaintiff must comply with 1714.10 or state facts that will bring the alleged conduct ...
2020.09.25 Demurrer 783
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.09.25
Excerpt: ...the claim for Fraud, the complaint as presently framed does not contain the necessary facts to support this claim. Simply alleging that the County transferred property they did not own is not sufficient. Plaintiff needs to allege facts that put the Defendant on notice as to what information the county concealed or suppressed at the time the property was transferred. The FAC is sufficient as to the allegations that the claim is barred by the statu...
2020.09.11 Demurrer 467
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.09.11
Excerpt: ...ndful that the Defendants have the use of the easement as well. As to the declarations that were filed with the original complaint and incorporated by reference in the second amended complaint, the court agrees with Defendants that the material allegations should not be pled by means of incorporating declarations. The Motion to Strike is granted without leave to amend. Moving party shall prepare the proposed Order. ...
2020.08.14 Demurrer, Motion to Strike 438
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.08.14
Excerpt: ...not sufficient. As to the claims for punitive damages, again general allegations that Defendants acted maliciously, fraudulently etc. are not sufficient. Specific facts showing entitlement to such relief must adequately pled. Plaintiff shall have twenty days from the date the proposed Order is signed. Moving party to prepare the Order. ...
2020.08.07 Motion for Preliminary Injunction 916
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.08.07
Excerpt: ...The declaration is general in nature and lacks specific facts. Plaintiffs are also required to establish that they would suffer irreparable injury if injunctive relief is not granted. The inability to access the Russian River for recreational purposes does not constitute irreparable injury when balanced with the harm to Defendant given the dangerous configuration of the road. As to the use of the road to avoid fire danger, Defendant has offered a...
2020.08.07 Demurrers 199
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.08.07
Excerpt: ...hen McDonald was a party to the agreement to sell the property. The allegations regarding interference with the Trust Agreement are nonsensical as the Trust was a revocable trust and could be amended at any time prior to the termination date. There are no allegations that any beneficiary or any party for that matter attempted to interfere with the terms of the revocable trust. Finally, as to Pardini there are no allegations to support a claim for...
2020.05.15 Motion to Strike 881
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.05.15
Excerpt: ...ages. The facts alleged in the complaint are statutory violations of the Labor Code regarding meal and rest breaks and minimum wage laws. Punitive damages are not recoverable when liability is premised solely on the employer's violation of the Labor Code statutes that regulate meal and rest breaks and minimum wage laws. (Brewer v. Premier Golf Properties, LP (2008) 168 Cal. App. 4th 1243). Plaintiff's Third Cause of Action for Wrongful terminatio...
2020.05.15 Demurrer 330
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.05.15
Excerpt: ...17. This is Plaintiff's fourth attempt to state a claim for elder abuse. (The first case filed by Plaintiff was dismissed without prejudice after the court sustained the demurrer to the same claim). In this case the court sustained the first demurrer with leave to amend. As to the present demurrer, the court agrees with Defendant that a claim for elder abuse is not viable with the facts that have been alleged. Financial Elder Abuse is defined in ...
2020.05.01 Demurrer 692
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.05.01
Excerpt: ...roper agency relationship between Lee and Defendants which is necessary to establish that Lee acted on behalf of the Defendants. Plaintiff shall file her amended complaint within 20 days of the notice of Order. Moving party shall prepare the Order. ...
2020.02.21 Demurrer
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.02.21
Excerpt: ... Brutocao was taken on August 26, 2019. The scenario presented to the court clearly falls within the statutory interpretation of CCP Section 474. (See McOwen v. Grossman (2007) 153 Cal. App. 4th 937.) Other citations omitted. ...
2020.01.31 Motion to Sever Issue of Partition 147
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.01.31
Excerpt: ...he Court also intends to approve the severance and court trial of the second cause of action requesting the dissolution of the identified FCV, LLC. Plaintiff filed no opposition to these requested severance, the causes of action are equitable in nature and their early resolution by the Court would promote judicial economy and would not prejudice the interests of either party. (CCP 1048(b)) The balance of the request for severance is problematical...
2020.01.24 Demurrer
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.01.24
Excerpt: ...Cal. 3rd 290). A plaintiff must allege facts establishing a unity of interest and ownership between the Corporation and the equitable owner such that the separate personalities of the corporation and equitable owner do not in reality exist. Plaintiff must also allege facts establishing that there will be an inequitable result if the acts in question are treated as those of the corporation alone. (Citations omitted) Plaintiffs shall file their ame...
2020.01.17 Motion for Attorney Fees
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.01.17
Excerpt: ...was a clear deterrent to any future conduct. The court did not specifically find a lack of clear and convincing evidence to support the order. The court has considered and weighed the totality of the evidence presented in the hearing and is exercising its clearly established discretion in denying fees to Respondent. In addition, there is no evidence presented thus far to establish that the parties are on unequal financial footing as Respondent su...
2019.12.13 Demurrer 649
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.12.13
Excerpt: ......
2019.10.11 Motion for Attorney Fees 878
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.10.11
Excerpt: ...ss‐ complaint for breach of contract and reformation. On the eve of trial, the parties entered into a settlement agreement allowing Plaintiff to complete the purchase of the property from Defendants for the sum of $1,000,000.00. The settlement, which included a draft real estate purchase agreement, was placed on the record on June 4, 2018. Pursuant to the Agreement, escrow was to close within 120 days from the date escrow was opened. The purcha...
2019.10.11 Motion to Tax Costs 513
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.10.11
Excerpt: ... was a very close duplicate to the declarations this Court reviewed. Nonetheless, Dr. Luna rendered some service to the Plaintiff and should get credit for that service. The Court will allow $2500.00 as the fee. The Court also agrees with Defendant that the retention of an “appearance attorney” is not a cost. The Court will disallow $350.00 for the appearance attorney. All other costs are reasonable and allowable. The total cost award is $23,...
2019.6.28 Motion to Compel Further Responses 568
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.6.28
Excerpt: ...quested is relevant to the alter ego claims made by Plaintiff and could lead to admissible evidence. The documents provided shall be deemed confidential and may only be used in connection with this case and confidentiality will be maintained through a Protective Order that shall be signed by all parties. Any reference to attorney fees shall be not included in the Order and any violation of such Order will be addressed by the Court through an appr...
2019.5.31 Motion to Enforce Settlement 878
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.5.31
Excerpt: ...fendants admit that the error was minor. Defendants have no legitimate grounds for refusing to execute the grant deed. Defendants are ordered to do so. The court will sign the proposed Order that was submitted along with the motion. ...
2019.5.17 Motion for Judgment on the Pleadings 628
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.5.17
Excerpt: ... this regard would be futile as Plaintiff has admitted that some of the loan proceeds that were shared with him were applied to other real property. Plaintiff also admits that in early 2008 he was receiving mortgage statements identifying Defendant Villavicencio as the borrower. He also admits that he attempted to assume the loan so clearly he was on notice that the loan was in the name of someone else. Finally, Plaintiff did not address any of O...
2019.3.29 Motion to Strike or Tax Costs, for Attorney Fees 644
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.29
Excerpt: ...ranted. The fees incurred are reasonable and the hourly rate is commensurate with the hourly rate billed in this locale. Respondent did not challenge the reasonableness of the fees or the hourly rate, instead she chose to challenge the motion on what this court finds to be frivolous grounds. First, Respondent argues without any supporting authority, that a copy of a retainer agreement is required to support a motion for fees. Respondent's referen...
2019.3.29 Demurrer 409
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.29
Excerpt: ...tween Plaintiff and the County of Mendocino that was filed in federal district court in 2014. The parties agreed to settle Plaintiff's claim for the sum of $5000.00. The Settlement Agreement was in writing and Plaintiff was represented by counsel at the time. The County paid the settlement amount but the check was not cashed by Plaintiff within a six month period and by operation of law the check is null and void. (Government Code §29802). Plain...
2019.3.22 Demurrer
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.22
Excerpt: ...tly held property despite the agreement that she would not make any claim to title to the subject property prior to Defendant's death. Defendant then filed a Cross‐Complaint alleging fraud and misrepresentation. In the Third Amended Cross‐Complaint, Cross‐Complainant alleges that at the time Cross‐Defendant made the agreement regarding the real property she concealed her intentions to claim that she was a 50% owner of the real property. B...
2019.3.15 Motion to Compel IME 836
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.15
Excerpt: ...n which the mental or physical condition (including the blood group) of that party or other person is in controversy in the action. In this case there is nothing to suggest that Ms. Goeken is a party to this action, an agent of any party or under the control of Plaintiff. Defendants can subpoena records Page 4 of 4 and take her deposition. In the event Defendant discovers additional information demonstrating that Ms. Goeken falls within one of th...
2019.3.15 Special Motion to Strike 292
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.15
Excerpt: ...y act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” In making its determination, the court is required to consider the pleading...
2019.3.8 Demurrer 807
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.8
Excerpt: ...iff must allege an independent tort to support her claim that Defendants conspired to defraud her. Plaintiff has agreed to dismiss the fraud claim set forth in her 10th Cause of Action so there is no independent basis to allege a conspiracy to defraud. While the court doubts that any amendment will cure the defects as to Defendants' involvement with recording the Grant Deed and the fiduciary role of the Defendants in connection with the sale of r...
2019.3.8 Demurrer 979
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.8
Excerpt: ...sher, are subject to premises liability and negligence despite the fact that they do not reside at the property and were not present when the incident occurred. Despite three attempts to state a cause of action against the landlord Plaintiff is unable to state a claim for relief. It is clear that “public policy precludes landlord liability for a dangerous condition on the premises which came into existence after possession has passed to the ten...
2019.3.1 Motion to Compel Discovery Responses, Request for Sanctions 831
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.1
Excerpt: ...ections by December 3, 2018. There was no reply to the email nor were responses to the discovery requests served by December 3, 2018. Plaintiff served responses to the Supplemental Interrogatories (Set One) on February 18, 2019, three days after she filed her opposition to this motion. To date, no response to the Supplemental Request for Production has been served. The motion is not procedurally defective as a separate statement is not required u...
2019.1.25 Motion to Strike Punitive Damages, Request for Attorney Fees 708
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.1.25
Excerpt: ...greement which was signed by Plaintiff indicates that prior to moving in he inspected the premises and found it to be satisfactory. The cases referenced by Plaintiff involved far worse and more egregious conduct than the conduct alleged in Plaintiff's complaint. The motion to strike punitive damages is also granted as to the Adkisson defendants. The motion to strike attorney fees as to the Adkisson defendants is denied. The contract between the p...
2018.7.31 Motion for Attorney Fees 021
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.7.31
Excerpt: ...nt's Objections 1, 2, 3, 4, 5, 6, and 8‐13 to the Declaration of Richard W. Freeman filed in opposition to the motion are sustained. Objection #7 is overruled. ...
2018.7.31 Demurrer, Motion to Strike 467
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.7.31
Excerpt: ...emurrer and Motion to Strike are sustained with leave to amend as to David and Tammy Brutocao. CrossComplainants fail to allege sufficient facts even at this stage, to establish agency, knowledge of an economic relationship, or any actions taken by David and Tammy that would warrant relief. Cross‐Complainants shall have 20 days to file an amended pleading from the date the Order is signed. If no amended pleading is filed, Steven Brutocao shall ...
2018.7.27 Motion for Attorney Fees 021
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.7.27
Excerpt: ...nt's Objections 1, 2, 3, 4, 5, 6, and 8‐13 to the Declaration of Richard W. Freeman filed in opposition to the motion are sustained. Objection #7 is overruled. ...
2018.7.27 Demurrer, Motion to Strike 467
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.7.27
Excerpt: ...emurrer and Motion to Strike are sustained with leave to amend as to David and Tammy Brutocao. CrossComplainants fail to allege sufficient facts even at this stage, to establish agency, knowledge of an economic relationship, or any actions taken by David and Tammy that would warrant relief. Cross‐Complainants shall have 20 days to file an amended pleading from the date the Order is signed. If no amended pleading is filed, Steven Brutocao shall ...
2018.7.13 Motion for Protective Order 473
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.7.13
Excerpt: ...sel shall prepare the order. ...
2018.7.13 Demurrer, Motion to Strike 728
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.7.13
Excerpt: ...ime of filing which does not put the entity on proper notice of a claim. More importantly however, on the face of the complaint Plaintiff specifically alleges that it was on notice of an alleged breach of contract when it received a notice of termination of the contract prior to March 2015. (See Paragraph 18 and 19 of the complaint). Any claim should have been filed on or before March 2016. The claim was not filed until February 2017 and even if ...
2018.6.22 Motion to Quash 773
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.6.22
Excerpt: ...ction to private suits between individuals and does not authorize suits against the Tribal entity. (Case citations omitted). ...
2018.6.22 Motion for Interlocutory Judgment 964
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.6.22
Excerpt: ...ions presented. The declaration also demonstrates that there are significant issues regarding the ownership interests which would warrant the introduction of further evidence. A CMC will be set for July 13, 2018 at 11am in Department E. The parties shall file CMC statements. The court will set this matter for trial at the CMC ...
2018.6.22 Demurrer 831
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.6.22
Excerpt: ...pursue this claim an amended pleading shall be filed within 20 days from the date of the Order. Defendant shall file its answer/response after the amended pleading is filed or within 30 days from the date of the order. Defendant is to prepare the Order. The CMC currently scheduled for June 22, 2018 is continued to August 17, 2018 at 11am in Department E. ...

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