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501 Results

Location: Merced x
2025.02.11 Motion to Compel Further Responses, for Monetary Sanctions 382
Location: Merced
Judge: Trimble, Jennifer O.
Hearing Date: 2025.02.11
Excerpt: ... One, Without Objections and for Defendant Paul Luis and his attorney the Law Offices of Scott C. Stratman to pay monetary sanctions of $1,100 pursuant to CCP § 2030.300 and 2023.010 is GRANTED IN PART AND DENIED IN PART. Request 1 [All documents that refer to or mention Plaintiff] Defendant's objections on the grounds of vague and ambiguous, are OVERRULED. Defendant's objections on the grounds of premature expert disclosure/work product and att...
2025.02.06 Demurrer to FAC 206
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2025.02.06
Excerpt: ...be true. (Kieskey v. Carpenters' Trust for S. California (1983) 144 Cal.App.3d 222, 228 [citing Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572].) However, on Demurrer, the Court may consider any matter that the Court may judicially notice that are indisputably true. (CCP § 430.30(a); Fremont Indem. Co. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 113.) There is no dispute that Paragraph 14 of the First Amended Complaint alleges that “RL...
2025.02.05 Motion for Terminating Sanctions 248
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2025.02.05
Excerpt: ...ccident case commenced on January 26, 2023 when counsel for Plaintiff Tony Areolla and Plaintiff Jessica Fernandez filed the operative complaint asserting claims for motor vehicle and general negligence. Plaintiff's counsel's motion to withdraw was granted on January 26, 2024 supported by a declaration stating: “Attorney -client communication issues on several occasions with Plaintiff Tony Areolla. It is to the benefit of Plaintiff Tony Areolla...
2025.02.05 Demurrer 555
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2025.02.05
Excerpt: ...rer by Defendan t District Attorney's Office of Merced County to First Amended Complaint was sustained with leave to amend by January 3, 2025 and a Second Amended Complaint was filed on that date. The portion of the Second Amended complaint relating to the government claims act, asserts “Plaintiff did not file against the Public Entity for Negligence /Fraud until December of 2023 and January of 2024 because of Judge Lo's Adult Behavior Program ...
2025.02.04 Demurrer to TAC 770
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2025.02.04
Excerpt: ...must plead that she engaged in a protected activity by disclosing a reasonable belief of a violation of state or federal statute, rule or regulation. (See Labor Code 1102.5(b). Discussion of internal operational and personnel concerns and differences of opinion are insufficient as a matter of law to constitute protected activity. (Manavian v. Department of Justice (2018) 28 Cal.App.5th 1127, 1142 -1143. [“Manavian”]). A disagreement between e...
2025.01.31 Demurrer 971
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2025.01.31
Excerpt: ...ce with a con tract does not exist in California. (Fifield Manor v. Finston (1960) 54 Cal.2d 632, 636.) Because this demurrer is sustained without leave to amend, the remaining demurrers to the eighth cause of action on other grounds are moot and will not be individually addressed. Stranger to the Contract The demurrer to the ninth cause of action on the grounds that defendant was not a stranger to the contract is SUSTAINED WITHOUT LEAVE TO AMEND...
2025.01.28 Motions in Limine 538
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2025.01.28
Excerpt: ... of this suit is GRANTED. The fact that tax was owed but not collected prior to foreclosure is not probative of any fact in dispute. (Cal. Evid. Code § 210.) Motion in limine No. 2 of 5, to exclude testimony or argument that Merced Municipal Code § 3.08.140 prohibits disclosure of tax liability to prospective owners of property, is GRANTED. It is undisputed that no tax clearance certificate was requested by defendants from plaintiff. Therefore,...
2025.01.22 Demurrer to TAC 431
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2025.01.22
Excerpt: ...hird Amended Complaint was filed October 16, 2024, by Plaintiff -Relator, Kendall and Davis LLC, a Texas Limited Liability Corporation. On November 18, 2024, Defendants, Le -Nguyen Denal Corporation dba El Portal Dental Group and Kang C. Nguyen D.D.S., filed a demurrer to the Third Amended Complaint asserting that the complaint fails to state a cause of action pursuant to Cal. Code Civ. Proc. § 430.10, subd. (e), that PlaintiffRelator lacks capa...
2025.01.16 Motion to Conduct Discovery of Financial Condition 448
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2025.01.16
Excerpt: ... element. The Complaint in this action was filed on August 25, 2020, containing a First Cause of Action for Breach of Contract and a Second Cause of Action for Bad Faith Denial of Insurance Coverage. The original complaint did not contain either allegations of or a prayer for punitive damages. On November 15, 2024, Plaintiff filed a Notice of Motion for Leave to File a First Amended Complaint which sought leave to amend allegations and include a ...
2025.01.08 Demurrers 845
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2025.01.08
Excerpt: ...plaint of Cortne y Glenn et al. (Case 24CV -01073) The above listed separate Demurrers brought by Department State of California by and through the Department of Fish and Wildlife in Tony Borba, et al. (Case 23CV -04368), Maria Perez -Ramirez, et al. (Case 24CV - 00234), and Courtney Glenn, et al. (Case 24CV01073) on October 21, 2024 and October 22, 2024 were addressed in a consolidated opposition filed by the Plaintiffs on December 9, 2024, and ...
2025.01.08 Demurrer 163
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2025.01.08
Excerpt: ...der discrimination occurred. (Government Code § 12960(e)(5).) Furthermore, since mere work -related criticism does not qualify as an adverse employment action (See Light v. Department of Parks & Recreation (2017) 14 Cal.App.5th 75, 92 -93), Plaintiff has failed to allege an adverse employment action. Similarly, claims that Plaintiff's input was ignored when she served on committees is not an actionable adverse employment action. (Yanowitz v. L'O...
2025.01.06 Demurrer 886
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2025.01.06
Excerpt: ...mplaint and D oe Amendment] to First Amended Complaint of Harris Farms LP Plaintiff's First Amended Complaint collectively refers to Defendants Nickel, Grant, Michael, Pruitt, McDonald, Goodman, Palazzo, Gilardi and Wiersma as “Defendants D&O.” (¶ 13.) Defendant David Carlucci is listed as a demurring party and appears in the caption, but not in the body of the First Amended Complaint, and is not included in the definition of Defendants D&O....
2025.01.03 Motion for Reconsideration 137
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2025.01.03
Excerpt: ...ff filed an e x parte application seeking the same relief already requested, specifically to strike defendants' late opposition and false proof of service and for an order ruling on Pliantiff's motion for summary judgment without objections. That ex parte request was summarily denied and a written order issued on December 23, 2024 and the Court ordered Plaintiff to appear on this date and show cause why an order assessing monetary sanction in the...
2025.01.03 Motion to Compel Further Responses 942
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2025.01.03
Excerpt: ...nse to Plaint iff's Request for Admissions, Set One, #1 without objections, that unambiguously admits or denies the response, admits so much of the request as is true and denies the remainder, or contains a code compliant statement of inability to admit or deny. Request for Admission #2 [No Write -ups] Defendant's objections on the grounds that the request is vague, overborad, ambiguous, and unintelligible, and seeks a legal conclusion are OVERRU...
2025.01.03 Motion for Summary Adjudication 365
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2025.01.03
Excerpt: ...the insurance contract between GEICO and the seller of the vehicle Plaintiff acquired two days before the subject accident proffered by Defendant, establishes as a matter of law that Plaintiff was not insured at the time of the accident for purposes of Civil Code § 3333.4 and that any contention to the contrary by GEICO is inadmissible hearsay. There are two problems with this contention: (1) While Defendeant's interpretation of the GEICO policy...
2024.12.23 Motion to Tax Costs 038
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2024.12.23
Excerpt: ...oner's office who was at fault for the harm suffered by Plaintiffs, did not testify. The objection is OVERRULED. Proper preparation for trial includes the depositions of all potential witnesses, and Defendants had no advance notice that Plaintiffs would bring Motion in Limine number 2, let alone anticipate that it would be granted at the time the deposition was taken. Plaintiff objects to costs of $294.40 relating to the deposition of Kim Wilson,...
2024.12.20 Motion for Summary Judgment 252
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2024.12.20
Excerpt: ...any evidence that an adverse employment action was taken because of disability, and (b) Plaintiff cannot establish pretext. The Second Cause of Action for Harassment Based on Disability lacks merit because Plaintiff cannot establish a prima facie case of harassment because nothing alleged rises to the level of severe or pervasive. The Third Cause of Action for Retaliation lacks merit because Plaintiff cannot establish a prima facie case of retali...
2024.12.20 Motion for Forgiveness and Extension of Time 137
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2024.12.20
Excerpt: ...dular home in which title allegedly vested in Plaintiff and Plaintiff's mother, that the mother died, that Defendants had purchased a insurance policy covering the modular home in which they resided, that the modular home was destroyed by fire, that Defendants could not collect the proceeds of the insurance policy because they did not hold title to the modular home, that Plaintiff “assisted” in acquiring title, and that Defednants have refuse...
2024.12.20 Demurrer to TAC 006
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2024.12.20
Excerpt: ...ndant School District had notice of unspecified bullying and intimidation somewhere on the school grounds at some unspecified time and notice that unsupervised trips to the restroom required the minor plaintiff to cross paths with unspecified bullies. If the Cause of Action is alleging that the school should have provided an escort for the Plaintiff minor at all times the Plaintiff minor was on school premises, Plaintiff must allege facts establi...
2024.12.19 Motion for Forgiveness and Extension of Time 137
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2024.12.19
Excerpt: ...dular home in which title allegedly vested in Plaintiff and Plaintiff's mother, that the mother died, that Defendants had purchased a insurance policy covering the modular home in which they resided, that the modular home was destroyed by fire, that Defendants could not collect the proceeds of the insurance policy because they did not hold title to the modular home, that Plaintiff “assisted” in acquiring title, and that Defednants have refuse...
2024.12.12 Demurrer to FAC 091
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2024.12.12
Excerpt: ...E TO AMEND. The Demurrer to the Second Cause of Action for failure to state a claim pursuant to Sectin 2923.6, for failure to allege the changes in circumstances stated in the opposition, and failure to allege submission of a complete loan modification form is SUSTAINED WITH LEAVE TO AMEND. The Demurrer to the Third Cause of Action for failure to state a claim pursuant fo Section 2923.7 for failure to plead around the admissions in prior pleading...
2024.12.11 Motion for Summary Judgment, Adjudication 493
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2024.12.11
Excerpt: ...ense of Prima ry Jurisdiction is Meritless, (6) Defendant's Affirmative Defense of Compliance with the Law is Meritless, and (7) Defendant's Affirmative Defense of No Damage to Plaintiff is Meritless The Motion By Plaintiff Animal Legal Defense Fund for Summary Judgment, or in the alternative, Summary Adjudication that (1) Defendant has violated Article X, section 2 of the California Constitution, (2) Defendant's Affirmative Defense of Reasonable...
2024.12.09 Motion to Compel Production of Docs, for Sanctions 889
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2024.12.09
Excerpt: ...uests and some documents were produced, but that there remain significant issues with the supplemental responses served with respect to Requests 10, 11, 12, 14, 15, 16, 17, 18 and 19 and the responsive documents not produced to date. While Defendant appears to be correct in that there has been a waiver of objections resulting from an initial untimely response and there is no motion for relief from waiver pending, the fact that a supplemental resp...
2024.11.20 Motion for Summary Judgment, Adjudication 912
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2024.11.20
Excerpt: ...laintiff's Loss of Consortium Claim is GRANTED. Defendant has filed a Separate Statement of Undisputed Fact containing 1 -16 with regard to the Motion for Summary Judgment, Facts 17 -32 with regard to the Motion for Summary Adjudication of the Negligence Claim, and Facts 33 -48 with respect to the Motion for Summary Adjudication of the Loss of Consortium Claim. These Facts are supported by admissible evidence which establishes a prima facie case ...
2024.11.18 Petition for Writ of Administrative Mandate 311
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2024.11.18
Excerpt: ...prove [Real Part y-In Interest Denise Warkentin's] condition renders her unfit to instruct or associate with students” as required by Education Code § 87732 subdivision (e)” is a prejudicial abuse of discretion warranting reversal and/or remand pursuant to the Petition for Writ of Administrative Mandamus. The Merced Community College District elected to terminate Real Party in Interest's employment pursuant to Education Code § 87732(e) [“...

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