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118 Results

Location: Merced x
2019.8.30 Demurrer 929
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2019.8.30
Excerpt: ...tated to identify the basis for indemnity whether by contract or tort. Here, the pleading at paragraph 8 and 9 allege tortious acts of fraud attributable to cross‐defendant, but fail to allege any facts to support a joint legal obligation to plaintiff or that cross‐defendant owed a duty to plaintiff that might provide a basis for equitable indemnity. Further, no facts have been stated to support a claim for contractual indemnity. See Prince v...
2019.7.15 Application to Prepare Settled Statement 653
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2019.7.15
Excerpt: ...propriate where there exists a readily available reporter's transcript of the proceedings on which defendant's appeal is taken. To the extent defendant's application seeks court approval to prepare a settled statement as to court proceedings occurring in 1984, 1986, and 2008, the time to appeal the final judgment following those proceedings expired long ago and defendant's application is therefore denied. The prevailing party is directed to prepa...
2019.7.2 Motion to Compel Further Responses, Request for Monetary Sanctions 211
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2019.7.2
Excerpt: ...29, 31, 32, 33, 50, 51, 52, and 55 as well as Special Interrogatories, Set One, Nos. 18‐29. The Court notes that Petitioner has already provided a supplemental response to Request for Admission, Set One, No. 73 and the corresponding Form Interrogatory, Set One, No. 17.1. Petitioner's exercise of her right to privacy must give way in the face of the Court's duty to ascertain the truth of the allegations made in the contest here. As noted by the ...
2019.4.15 Motion to Dismiss 374
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.4.15
Excerpt: ...settlement with Plaintiff was determined to be ‐ discharges the settling defendant (Machado) from liability to another defendant (Matos) for crossclaims of equitable contribution or comparative indemnity. “Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or...
2019.4.5 Motion for Summary Judgment, Adjudication 301
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.4.5
Excerpt: ...; 2) Failure to provide reasonable accommodation; 3) Discrimination on the basis of a disability (or perceived disability); and 4) Failure to take all steps reasonably necessary to prevent discrimination from occurring. However, in conjunction with her opposition to the Defendant's motion, Plaintiff dismissed three of her causes of action: the first, third and fourth. The only remaining cause of action at issue is the Plaintiff's second cause of ...
2019.2.28 Demurrer 808
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2019.2.28
Excerpt: ... v. Santa Clara County Bd. Of Supervisors (2010) 48 Cal.4th 32, 42; Stueve Bros. Farms, LLC v. Berger Kahn (2013) 222 Cal.App.4th 303, 321. Where a plaintiff alleges a cause of action which includes facts indicating the possibility that a statute of limitations applies, the plaintiff must also “plead around” the defense by alleging specific facts that would avoid the apparent defense. “Where plaintiff relies on a theory of … equitable tol...
2018.8.6 Motion to Set Aside Default, Vacate Judgment, Quash Service of Summons 084
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2018.8.6
Excerpt: ...th a copy of the summons and complaint by substitute service in 2015, did not learn of the lawsuit until June 27, 2018, and defendant's lack of actual notice of the lawsuit was not the result of evasion of service. The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party/counsel a...
2018.7.25 Motion for Summary Judgment 740
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.7.25
Excerpt: ...law. The declarations of Dr. Friedlich and Dr. Blake present undisputed expert opinion that the medical care provided by defendant's employees fell within the applicable standard of care and did not proximately cause plaintiffs' alleged injuries. By not providing conflicting expert evidence to oppose the motion, plaintiffs have failed to meet their burden of showing a triable issue of material fact. (See Munro v. Regents of Univ. of Calif. (1989)...
2018.7.23 Motion to Publish Summons 239
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2018.7.23
Excerpt: ...at service by publication be utilized only as a last resort.” (Watts v. Crawford (1995) 10 Cal.4th 743, 749.) If defendant's mailing address in California is known (as reportedly it is here), reasonable attempts must be made to serve defendant by mail pursuant to Code of Civil Procedure section 415.30 before seeking an order for publication of summons. (Transamerica Title Ins. Co. v. Hendrix (1995) 34 Cal.App.4th 740, 745.) ...
2018.7.18 Motion for Summary Judgment, Adjudication 575
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2018.7.18
Excerpt: ...t prevent the Court from granting the unopposed motion. First, plaintiff seeks to recover an amount of attorney's fees not recoverable under the terms of the contract. The attorney's fees provision states in pertinent part, “you agree to pay our reasonable attorney's fees not to exceed 20% of the loan amount due.” (Smith Decl., Exh. 1, page 3, section 6.) As a result of this contractual limitation, undisputed material facts 6 and 7 are incons...
2018.7.17 Motion for Terminating Sanctions 085
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.7.17
Excerpt: ...based on the attorney's mistake, inadvertence, surprise or neglect. The dismissal is set aside. Pursuant to Code of Civil Procedure section 473, subdivision (b), the Court directs attorney Mina L. Ramirez to pay reasonable compensatory legal fees and costs to defendant Costco Wholesale in the amount of $1,170.00, due and payable ten days after the date of entry of the Court's order setting aside the dismissal. The Court schedules a case managemen...
2018.7.12 Motion to Compel Inspection, for Sanctions 395
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.7.12
Excerpt: ...2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the court. plaintiff must first move for an order compelling further response before seeking an order compelling compliance. In his reply, plaintiff...
2018.7.10 Demurrer 323
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.7.10
Excerpt: ...s before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the court. The general demurrer by defendant JPMorgan Chase Bank, N.A. (hereinafter “Chase”) to each cause of action of the verified complaint on the ground that the cause of action is ti...
2018.7.3 Demurrer 340
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.7.3
Excerpt: ...ies before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the court. the answer are not so uncertain, ambiguous, and unintelligible that plaintiff is not reasonably apprised of the defense asserted by defendant. Further, an objection that the comp...
2018.6.28 Petition for Approval of Account and Report, Motion for Attorney's Fees 522
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.6.28
Excerpt: ...nt by applying a lodestar multiplier of 1.5 to the $54,545.00 in legal services provided by Knight Law Group LLP (for a total of $81,817.50), and then adding the $82,010.00 in legal services provided by Wirtz Law APC plus $15,682.73 in costs and expenses. The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notic...
2018.6.27 Motion to Compel Further Responses 291
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.6.27
Excerpt: ...'s answers are incomplete and defendant has not met its burden of justifying its numerous objections on the grounds the interrogatories are vague, ambiguous, overbroad, burdensome, unintelligible, invasive of an individual's right of privacy, seek information that is not relevant or reasonably calculated to lead to the discovery of admissible evidence, and seek discovery of information subject to the attorney‐client communication and work produ...
2018.6.27 Motion to Compel Statement of Damages, for Sanctions 330
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.6.27
Excerpt: ...r sanctions for misuse of the discovery process is DENIED. Section 425.11 does not contain a costs and fees provision. Further, the Section 425.11 procedure is outside the Civil Discovery Act and therefore the Act's sanctions provision (Code Civ. Proc., § 2023.010, et seq.) is inapplicable. (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2018) ¶ 8:1764.) The prevailing party is directed to prepare a written order cons...
2018.6.26 Motion to Compel Deposition and Production of Docs 835
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.6.26
Excerpt: ...1, 377.32.) In its opposition, defendant informed the court that plaintiff died more than eight months ago on or about October 3, 2017. Plaintiff's counsel in his reply brief does not dispute that plaintiff is deceased and that the court has not appointed a successor in interest to continue decedent's causes of action. Until a personal representative or successor in interest is appointed, the Court declines to rule on plaintiff Mark Braswell's mo...
2018.6.25 Motion to Compel Deposition 668
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.6.25
Excerpt: ... a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party/counsel as required by law and the California Rules of Court. The order is to be submitted by electronic filing to Temporary Judge David A. Foster. ...
2018.6.25 Motion to Compel Responses 106
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.6.25
Excerpt: ...ode of Civil Procedure sections 2023.030 and 2031.300(c), the Court imposes a mandatory monetary sanction against plaintiff Khushi Freight Carriers, Inc. in connection with the present motion in the amount of $490.00 due and payable to defendant twenty days from notice of entry of order. In accordance with Code of Civil Procedure sections 2023.030, 2030.290(c), and 2031.300(c), the Court imposes a mandatory monetary sanction against plaintiff Khu...
2018.6.25 Motion to Compel Answers 712
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.6.25
Excerpt: ...18 at 8:15 a.m. in Courtroom 8. The Court directs the court processing clerk to provide notice of the trial setting conference. The Court on its own motion corrects the clerical error contained in the order filed on June 13, 2018 granting the motion to be relieved as counsel. The formal order fails to indicate the effective date of the order as stated in the court's minute order on June 11, 2018. The June 13, 2018 order is amended at section 5(a)...
2018.6.18 Motion to Consolidate 273
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.6.18
Excerpt: ...vailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party/counsel as required by law and the California Rules of Court. The order is to be submitted by electronic filing to Hon. Brian McCabe. ...
2018.6.15 Motion for Attorney's Fees, to Strike or Tax Costs 200
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.6.15
Excerpt: ...f 1.5 to the amount of attorney's fees and then added plaintiff's expenses of $5,484.04 to determine the total amount of statutory costs and expenses. The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party/counsel as required by law and the California Rules of Court. The order i...
2018.6.14 Motion to Strike 501
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.6.14
Excerpt: ...must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the court. GRANTED as the amendment to the complaint without leave of court is not authorized by statute or prior court order. The Court notes there is a p...
2018.6.14 Motion to Expunge Lis Pendens 212
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2018.6.14
Excerpt: ...nty of Merced on or about November 29, 2017 as document numbers 2017040490 and 2017040491 is GRANTED. Defendant has not met his burden of establishing by a preponderance of the evidence the probable validity of any real property claim asserted by defendant in the present action. (Code Civ. Proc., § 405.32.) Pursuant to Code of Civil Procedure section 405.38, the moving party is awarded its reasonable attorney's fees and costs in an amount subjec...

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