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149 Results

Location: Merced x
2020.09.21 Motion for Terminating Sanctions 209
Location: Merced
Judge: Foster, David A
Hearing Date: 2020.09.21
Excerpt: ......
2020.09.11 Motion for Summary Judgment 665
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.09.11
Excerpt: ...nt cause of the accident does not entitle Defendant to judgment as a matter of law because California is a comparative negligence state and even though a jury might find Plaintiff to be 99% or 100% at fault, the degree of Plaintiff's comparative fault is a triable issue of material fact. Defendant's Undisputed Facts Numbers 1‐7 are supported by admissible evidence and establish a prima facie case that Defendant is entitled to judgment as a matt...
2020.09.04 Motion to Compel Further Responses 011
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.09.04
Excerpt: ...of Request for Admissions Numbers 1‐3 and unambiguously denies the reaminder. Sanctions in the amount of $1,220.00 are awarded pursuant to CCP §§ 2023.010 and 2023.030(a). Plaintiff is to serve Supplemental responses and payment of sanctions by September 25, 2020. Motion for Summary Adjudication Defendant Liberty Packing Company's motion for summary adjudication of the following issues: (1) The First Cause of Action for Discrimination is with...
2020.09.04 Demurrer 983
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.09.04
Excerpt: ...tion. Accordingly, leave to amend would appear to be futile. This court therefore SUSTAINS the Demurrer to the Third Amended Complaint WITHOUT LEAVE TO AMEND. Under White v. Square, Inc. (2019) 7 Cal.5th 1019, a person intending to use web based services who encounters a facially neutral term of service that bars some categories of transactions but not others, does not have standing to pursue intentional discrimination claim based on allegations ...
2020.09.04 Demurrer 981
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.09.04
Excerpt: ...tion. Accordingly, leave to amend would appear to be futile. This court therefore SUSTAINS the Demurrer to the Third Amended Complaint WITHOUT LEAVE TO AMEND. Under White v. Square, Inc. (2019) 7 Cal.5th 1019, a person intending to use web based services who encounters a facially neutral term of service that bars some categories of transactions but not others, does not have standing to pursue intentional discrimination claim based on allegations ...
2020.09.02 Motion for Summary Judgment, Adjudication 653
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.09.02
Excerpt: ...nce that establishes a prima facie case that Defendant Apple, Inc. is entitled to judgment as a matter of law. This shifts the burden of proof to Plaintiff to establish a triable issue of material fact. The essence of Plaintiff's opposition is that Defendant failed to accommodate Plaintiff's disability because Plaintiff was unable to perform the duties of the job she was hired to perform, even with reasonable accommodations because she suffered e...
2020.09.01 Motion to Compel Further Responses 361
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.09.01
Excerpt: ...ing information from discovery is asserted, the party asserting such privilege, work product or other grounds for withholding documents or information from discovery will be barred from offering such documents or information, or testimony about such documents or information, at trial. That motion is GRANTED. Any party is free to waive privilege, work product, or other basis for withholding information from discovery; however, to the extent that a...
2020.08.31 Motion to Compel Further Responses 011
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.31
Excerpt: ...of Request for Admissions Numbers 1‐3 and unambiguously denies the reaminder. Sanctions in the amount of $1,220.00 are awarded pursuant to CCP §§ 2023.010 and 2023.030(a). Plaintiff is to serve Supplemental responses and payment of sanctions by September 25, 2020. Motion for Summary Adjudication Defendant Liberty Packing Company's motion for summary adjudication of the following issues: (1) The First Cause of Action for Discrimination is with...
2020.08.28 Motion for Summary Judgment 162
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.28
Excerpt: ...o Facts Number 2, 6, 7, 8, and 10. Plaintiff's evidentiary objections are SUSTAINED. If there is any objection to this tentative ruling, this motion is continued on the court's own motion to Friday, September 11, 2020 at 8:15 a.m. in Courtroom 8. Motion for Summary Judgment by Defendants Richard J. Meyer, Linda B. Meyer and Meyer Family Trust. The motion for Summary Judgment by Defendants Richard J. Meyer, Linda B. Meyer and Meyer Family Trust is...
2020.08.26 Motion to Lift Stay and Confirm Appointment of Special Master 763
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.26
Excerpt: ...s of action for (1) Inverse Condemnation against Merced Irrigation District, (2) Negligent Maintenance against Merced Irrigation District, (3) Dangerous Condition on Property against Merced Irrigation District, (4) Nuisance against Merced Irrigation District, (5) Breach of Contract against the Ransom Piro Construction and Development Defendants, (6) Violations of Civil Code § 895 against the Ransom Piro Construction and Development Defendants, (...
2020.08.21 Petition to Modify Restraining Order 418
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.21
Excerpt: ...isting order are not being obeyed. The appropriate remedy for any violation of the existing restraining order is to report such violation to the police. If, in January of 2021, Respondent wishes to extend the terms of the restraining order, she may file an application for renewal on or before the existing order expires on February 26, 2021. Since there is no action for the court to take at this time, the Petition to Modify is DISMISSED. If there ...
2020.08.20 Motion to Compel Further Responses 333
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.20
Excerpt: ...se the plaintiff lacks mental competence allegedly as a result of a traumatic brain injury suffered as a result of the incident giving rise to this action. Consequently, the Guardian Ad Litem lacks personal knowledge of many facts that a typical competent plaintiff could testify to based on the Plaintiff's own personal knowledge. When receiving discovery requests, the Guardian Ad Litem has an obligation to conduct a diligent search and make reaso...
2020.08.19 Motion for Sanctions for Spoliation of Evidence 361
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.19
Excerpt: ...t Defendant's Motion to Quash Plaintiff's Subpoena for Business Records filed by Defendant Foster Poultry Farms. The stay appears to apply only to this court's June 29, 2020 order and not to other matters pending in this case. In this motion for sanctions by Defendant Foster Poultry Farms, to which Defendant Dan Huber joins, Defendants seek an order, pursuant to CCP § 2023.010(g) either (a) an order dismissing Plaintiff Curtis LaClaire's Second ...
2020.08.14 Motion to Compel Production of Cost of Repair Allocations 009
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.14
Excerpt: ...closes the expert who prepared the existing Defense Cost of Repair Allocation, all reports by that expert, including the subject Defense Cost of Repair Allocations must be produced. If Bernard Bros., Inc. discloses a different expert for Cost of Repair Allocations, then the subject report will remain privileged, and the new report of the designated expert will be produced in accordance with normal expert discovery rules. If Bernard Bros., Inc. do...
2020.08.14 Demurrer, Motion to Strike 412
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.14
Excerpt: ...uses of action arising out of the refusal of Merced Irrigation District to sell water to Cross‐Complainants between two lawsuits, Case 19CV‐02453 in which CrossComplainants brought a Verified Petition for Peremptory Writ of Mandate to compel the sale of water that had been allegedly denied for not being in the best interest of Merced Irrigation District, and this action, Case 19CV‐03470, in which they seek damages for the both the original ...
2020.08.07 Motion to Compel Physical Inspection, Photographing and Videotaping of Premises 557
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.07
Excerpt: ...yment contract with Apple to maintain an office in their home that meets specified requirements, but who are not reimbursed for the expense of such home office. The complaint seeks damages and reimbursement for the expenses incurred by members of the class in maintaining the home office. Thus, inspection of Plaintiff's home, and the home office within it, is reasonably calculated to lead to the discovery of admissible evidence as to the appropria...
2020.08.07 Motion for Summary Judgment 546
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.07
Excerpt: ...xist. Accordingly, there are triable issues of material fact with regard to Facts 3, 4, 5, 6 and Additional Disputed Fact F. Plaintiff's lay opinion that the floor was excessive slippery, an issue within the scope of her day to day experience, is based on her percipient observation of the floor and is admissible evidence that the floor was excessively slippery. ...
2020.08.06 Demurrer 981
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.06
Excerpt: ...unts terminated on the basis of their occupation without evidence that they engaged in a transaction prohibited by the terms of service. An intentional discrimination claim cannot be based on an arbitrary termination of services based on an algorithm absent allegations that such algorithm uses a protected classification as a criteria for the termination of services. Absent the allegation that a protected class criteria is applied, an algorithmic ...
2020.08.03 Motion for Terminating Sanctions 970
Location: Merced
Judge: Foster, David A
Hearing Date: 2020.08.03
Excerpt: ... entry of order is GRANTED. Plaintiff served defendant with notice of the order. It is undisputed defendant has not provided plaintiff with responses to the request for production of documents. (Solomon Decl., ¶ 3.) By failing to file written opposition, defendant has not provided any explanation for her willful failure to comply with the order to provide discovery and therefore the Court concludes it is unlikely a lesser sanction would be effec...
2020.07.27 Demurrer, Motion to Strike 470
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.07.27
Excerpt: ...ompensation is claimed as part of an alleged continuing claim. Note that if there are claims involving multiple properties, separate facts establishing a continuing claim must be alleged for each property. The motion to strike the injunctive relief claim for failure to comply with the Government Claims Act is DENIED. The motion to strike the drainage injunctive relief claim is GRANTED WITH LEAVE TO AMEND to separately allege specific facts establ...
2020.03.24 Motion to Strike 493
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.03.24
Excerpt: ... strike is GRANTED WITHOUT LEAVE TO AMEND. This will become the order of the court unless a party notifies the court that it objects to the tentative, in which case, the order of the court will be that the matter is CONTINUED TO TUESDAY MAY 26, 2020 at 8:15 a.m. in Courtroom 8. ...
2020.03.11 Motion to Intervene 342
Location: Merced
Judge: LaPorte, James
Hearing Date: 2020.03.11
Excerpt: ...urt (2017) 3 Cal.5th 531, 545.) Motion to Approve Settlement The motion by Plaintiff Sherry Bruns to approve settlement is continued to Wednesday, April 15, 2020 at 8:15 A.M. Plaintiff Bruns and Defendant Smart & Final are ordered to file, by April 3, 2020, allocation estimates allocating the $3,470,000.00 settlement to the Labor Code violations being released by the proposed settlement, i.e. the amount being paid for each type of claim being rel...
2020.02.10 Demurrer 372
Location: Merced
Judge: Foster, David A
Hearing Date: 2020.02.10
Excerpt: ... California law, parties to a commercial lease may agree to their own notice requirements for termination of the tenancy. In this case, the complaint alleges all the necessary facts to constitute a cause of action for unlawful detainer based on termination of a commercial lease. (See Code Civ. Proc., § 1166.) Defendant shall file her answer within five days of notice of entry of order. (Cal. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 47...
2020.01.27 Motion to Compel Further Responses 883
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.01.27
Excerpt: ...el further response to Requests 12‐14, 19, 28, and 32 is granted with respect to document involving driver Jeffrey Cone and otherwise denied. The motion to compel further response to Requests 48‐51 are granted with regards to documents in Responding Party's possession and control and otherwise denied. The motion to compel further response to Requests 58‐59 is denied. The motion to compel further response to Requests 60‐64, 71, 73, 79‐80...
2020.01.24 Demurrers 724
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.01.24
Excerpt: ... discovery, but not to extrinsic evidence of facts in declarations filed by adverse parties contradicting the pleading. (See Del e. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604‐605.) Since the allegations of the First Amended complaint's ¶ 24 are not contradicted by matters of which this court takes judicial notice, and since the allegations on their face state facts sufficient to establish a cause of action and are no...

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