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280 Results

Location: Merced x
2022.05.20 Motion to Compel Further Responses 978
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.20
Excerpt: ...of Action for Retaliation against Defendant N & S Tractor Company; and a Third Cause of Action for Race/Ethnicity Language Discrimination against Defendant N & S Tractor Company. Plaintiff seeks to compel further responses to the following Form Interrogatories propounded on Defendant N & S Tractor Co.: 207.1 [Written Policies or Regulations by Employer; and (a) title; (b) manner communicated; (c) manner receipt acknowledged; (d) contentions regar...
2022.05.19 Motion to Compel Further Responses 035
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.19
Excerpt: ...ubstantive responses. In the current motion Plaintiff seeks to compel further responses to Special Interrogatories 2, 8, 10, 17, 18, 19, 24, 27, 36, 47, 50, and 53. Since Defendant Viking Ventures LLC and Defendant Dollar Tree Stores, Inc. are represented by the same counsel, they filed a joint opposition to this motion and the separate motion brought against Defendant Dollar Tree Stores, Inc. below. This court finds that the supplemental respons...
2022.05.19 Motion for Protective Order, to File Confidential Records Under Seal 035
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.19
Excerpt: ...gs ended on May 2, 2022, and the public has been granted ongoing access to the courthouse, without masks, though individuals preferring to wear masks are permitted to do so. The fact that Plaintiff resides with elders who are especially susceptible to potential COVID19 variations, does not preclude an in‐person deposition providing that reasonable protocols are observed. Plaintiff David Chavez has agreed to serve as a Representative Plaintiff a...
2022.05.16 Demurrer to SAC 618
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.16
Excerpt: ...speak on behalf of each corporation, (3) the person or persons to whom each misrepresentations was made, (4) what the individuals who made the misrepresentations said or wrote, and (5) when each misrepresentation was said or written. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; Tarmann v. State Farm Mut. Auto Ins. Co. (1991) 2 Cal.4th 153, 157; Perlas v. GMAC Mortg. LLC (2010) 187 Cal.App.4th 429, 434.); and (B) leave to amend to plead th...
2022.05.12 Special Motion to Strike 476
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.12
Excerpt: ... on the real property located at 2521 Burgundy Drive, Livingston. (See Cross‐Complaint ¶ 8, ¶ 11.) On April 8, 2022, Plaintiffs and Cross‐Defendants Parkash Pabla and Jaswinder Kaur filed the instant Special Motion to Strike Cross‐ Complaint of ECP LP Pursuant to CCP § 425.16 (Anti‐Slapp). Courts employ a two‐prong inquiry to determine if a Cross‐Complaint is subject to a Cross‐Defendant's special motion to strike: In the First P...
2022.05.11 Demurrer 576
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.11
Excerpt: ...hich are defined to include Defendant Stonefield Homes, Inc. Plaintiffs Demurrer attacks fifteen of the affirmative defenses contained in the Answer filed by Defendant Stonefield Home, Inc. in its Answer to Complaint filed March 23, 2022, specifically, Plaintiffs demur to (1) the Third Affirmative Defense [Assumption of Risk], (2) the Fourth Affirmative Defense [Non‐economic Damages],(3) the First Sixth Affirmative Defense [Failure to State a C...
2022.05.04 Motion to Modify Court Order 246
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.04
Excerpt: ...21, Plaintiffs Yogesh Chander Gandotra and Kusman Gandotra, individually and as Trustees of the Gandortra Trust, dated August 7, 2017, Shaan Shannon Stores, Inc, DBA Shannon's Mini Mart and Shaan Gandotra (collectively “Plaintiffs”) filed a new case, 21CV‐01491, containing Points and Authorities in Support of Order to Show Cause re Contempt and Declarations by Bruce J. Henricks and Shaan Gandotra in support of Contempt. Accordingly, on May ...
2022.04.28 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 888
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.28
Excerpt: ...l Interrogatories and Request for Monetary Sanctions of $1,680 against Plaintiff and her counsel pursuant to CCP § 2030.290 is GRANTED IN PART AND DENIED IN PART. While the Special Interrogatories at issue were titled “Requests for Admission” on Page 3 of the Special Interrogatories attached as Exhibit A to the Declaration of Adam F. Summerfield filed March 22, 2022, the discovery propounded unmistakably constitute special interrogatories to...
2022.04.21 Petition to Confirm Arbitration Award 643
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.21
Excerpt: ...t prevails in this Arbitration, it should be accorded attorney's fees and costs as a prevailing party and /or pursuant to Section 1780(6) of the CLRA. Western Motors also appealed to the Arbitrator's discretion under the Rules to award fees in circumstances like these where a Claimant may have failed diligently to investigate claims before pursuing them. [¶] In this matter, the Arbitrator does not consider Respondent's entitlement to fees or cos...
2022.04.20 Demurrer 076
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.20
Excerpt: ...earing in Orange County Superior Court. Although Defendant Avalon Care Center‐Merced HY‐Lond, LLC dba Hy‐ Lond Health Care Center‐Merced filed a proof of service by email or electronic transmission showing service of the motion and request for judicial notice on March 15, 2022, the opposition filed by Plaintiff on April 18, 2022 asserts that the papers were not received until Friday, December 17, 2021, a date prior to the filing of the mo...
2022.04.20 Demurrer 018
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.20
Excerpt: ...elations, Lilia Garcia Brower, and the Division of Labor Standards Enforcement to the First Cause of Action For Declaratory Relief Pursuant to Code of Civil Procedure § 1060 and Writ of Mandate and Injunctive Relief Pursuant to Code of Civil Procedure § 1085 asserting that Respondents have no authority to apply overtime to sheepherders; to the Second Cause of Action for Declaratory Relief pursuant to Government Code § 11350 and Code of Civil P...
2022.04.15 Demurrer to Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief 018
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.15
Excerpt: ...elations, Lilia Garcia Brower, and the Division of Labor Standards Enforcement to the First Cause of Action For Declaratory Relief Pursuant to Code of Civil Procedure § 1060 and Writ of Mandate and Injunctive Relief Pursuant to Code of Civil Procedure § 1085 asserting that Respondents have no authority to apply overtime to sheepherders; to the Second Cause of Action for Declaratory Relief pursuant to Government Code § 11350 and Code of Civil P...
2022.04.14 Demurrer to FAC 303
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.14
Excerpt: ...pear. 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. To limit the spread of the COVID‐19 virus, the court will only conduct remote hearings. Parties who contest the tentative ruling or wish to appear remotely at a hearing must contact the clerk of the court at (209) 725‐ 4240 to provide t...
2022.04.13 Motion for Summary Judgment 453
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.13
Excerpt: ...ed or contributed to Kenneth Derry's unfortunate death. The motion is supported by Undisputed Facts 1‐27 which in turn are supported by admissible evidence in the form of the expert declaration of Garret Smith M.D. and the records on which his expert opinions are based which establish a prima facie case that Defendant Pacheco is entitled to judgment as a matter of law. This shifts the burden to Plaintiff to establish a triable issue of material...
2022.04.08 Motion for Summary Judgment 458
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.08
Excerpt: ...ne referred to in her complaint, (3) The incident involving the gizzard processing machine referred to in her complaint was the result of Plaintiff's own negligence, and (4) Plaintiff suffered no damages as a result of the incident involving the gizzard processing machine referred to in the complaint. Accordingly, Defendant Marel, Inc. has established a prima facie case that Defendant Marel, Inc. is entitled to judgment as a matter of law. This s...
2022.04.07 Motion for Reconsideration 985
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.07
Excerpt: ...ant to CCP § 1008, a Motion for Reconsideration of the February 22, 2022 Order on the grounds that while the Court had interpreted the Diskeeper case to require that a motion for attorney's fees be filed 15 days after notice of entry of judgment or dismissal, a party seeking attorney's fees based on contract has at least from notice of judgment or dismissal to file a noticed motion for an award of attorney's fees, and, therefore, Defendants' mot...
2022.04.07 Demurrer 712
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.07
Excerpt: ...nterest in all water related to the 4‐S property when it acquired such property through foreclosure. On September 29, 2021, Defendant 4‐ S Ranch Partners, LLC filed a Cross‐Complaint naming only Plaintiffs as Cross‐Defendants and on January 4, 2022, Defendant 4‐S Ranch Partners LLC filed an Amended Cross‐Complaint against Plaintiffs and new Cross‐Defendant WT Capital Lender Services. The Amended Cross‐Complaint alleges a first cau...
2022.04.06 Motion for Preliminary Approval of PAGA Action Settlement 289
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.06
Excerpt: ... must call (209) 725‐4240 to notify the court of your intent to appear. 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. To limit the spread of the COVID‐19 virus, the court will only conduct remote hearings. Parties who contest the tentative ruling or wish to appear remotely at a hearing m...
2022.03.17 Motion to Compel Further Responses 288
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2022.03.17
Excerpt: ...Plaintiff to Defendant Citibank, N.A. is sought in connection with the Second Amended Complaint's Fifth Cause of Action for Negligence against Defendant Citibank, N.A., and Sixth Cause of Action for Conversion against Defendant Citibank N.A., brought in connection with alleged actions by Plaintiff that Defendant Citibank N.A. failed to comply with its own internal procedures in connection with an alleged embezzlement by Defendant Chima. Defendant...
2022.03.07 Motion to Compel Further Responses 288
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.03.07
Excerpt: ...ith alleged actions by Plaintiff that Defendant Citibank N.A. failed to comply with its own internal procedures in connection with an alleged embezzlement by Defendant Chima. Defendant Citibank N.A. has filed an answer containing a general denial and eleven affirmative defenses and a CrossComplaint for Equitable Indemnity and Declaratory Relief against Defendant Chima. A Stipulated Protective Order was issued by the Court on March 15, 2021. The s...
2022.03.07 Demurrer 476
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.03.07
Excerpt: ...Amended Complaint's First Cause of Action for Fraud and Disparagement of Title, Third Cause of Action for Wrongful Foreclosure, Fourth Cause of Action for Elder Abuse, and Seventh Cause of Action for Intentional Infliction of Emotional Distress is SUSTAINED WITHOUT LEAVE TO AMEND. The Demurrer to the Fifth Cause of Action to Set Aside Trustee Sale and Sixth Cause of Action to Quiet Title is OVERRULED. While there is no dispute that Defendant ECP ...
2022.02.24 Motion to Compel Further Responses 252
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.02.24
Excerpt: ... to CCP § 2023.030(a). On December 9, 2021, the continued this matter on the Court's own motion to Thursday, February 24, 2022, at 8:15 a.m. in Courtroom 8 and issued the following tentative ruling: “On the one hand, much of the discovery propounded appears excessive and unnecessary given the issues in this case. On the other hand, Plaintiff's responses are replete with broad generalizations rather than the articulation of specific facts, date...
2022.02.18 Motion for Summary Judgment 878
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.02.18
Excerpt: ...ion in Violation of Public Policy, and (8) Interference with Cal Family Rights Act. The Court notes that a Request for Dismissal of the Eighth Cause of Action only without prejudice was filed on January 11, 2020, and entered by the court on that day. The instant motion for summary judgment/summary adjudication asserts that: (1) Plaintiff did not timely exhaust administrative remedy for discrimination claim; (2) Plaintiff did not timely exhaust ad...
2022.02.14 Motion for Summary Judgment 985
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2022.02.14
Excerpt: ...sure why this one credit card is in court. We have had no contact with Plaintiff regarding a lawsuit. We wish this credit card to be part of our debt consolidation with Americor which is currently in negotiation to settle.” Plaintiff's Motion for Summary Judgment is supported by a Separate Statement of Undisputed Fact wherein Undisputed Facts 1‐9 cite admissible evidence establishing a prima facie case that Plaintiff is entitled to judgment a...
2022.02.02 Motion to Compel Further Responses 064
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.02.02
Excerpt: ... disputing the agreement's coverage of the claim involved in the action, but not as to the nature and substance of that dispute.” Since the instant requests for admission seek information about the nature and substance of a potential coverage dispute and the instant form interrogatory 17.1 would seek all facts, identification of all witnesses, and all documents relating to the substance and nature of a potential coverage dispute, the requests a...

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