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234 Results

Location: Merced x
2021.10.19 Motion for Summary Judgment, Adjudication 438
Location: Merced
Judge: Moranda, David
Hearing Date: 2021.10.19
Excerpt: ...alify as an accord and satisfaction. The outcome of this dispute is of considerable importance to both parties because if a policy limits offer was accepted on behalf of Defendants, Plaintiff is potentially liable for attorney's fees and costs incurred after the time of acceptance. If the policy limits offer was rejected, Defendant's insurer is potentially liable for the full amount of any judgment imposed on Defendants without regard to policy l...
2021.10.14 Special Motion to Strike 451
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.10.14
Excerpt: ...an agency employing Defendants Jason Enger and Patrice Lorenzo‐Bostrom to an agency employing Defendant and moving party Sandra Genova concerning Plaintiff's fitness as a foster care provider. Defendant Sandra Genova has established a prima facie case that Plaintiff's claims are subject to CCP § 425.16 because it demonstrates that the communications were exercise of free speech in connection with a matter of public interest in that the fitness...
2021.10.07 Motion for Summary Judgment 543
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.10.07
Excerpt: ...owever on April 12, 2021, after the instant motion as filed, Plaintiff dismissed Defendant Pioneer Elementary School District, thereby rendering that portion of these Motions moot), filed January 27, 2021, initially set for hearing on April 14, 2021, and continued to October 7, 2021 by the The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725...
2021.09.29 Motion for Leave to File Amended Answer, to Set Unlawful Detainer Court Trial 465
Location: Merced
Judge: MacLaren, Peter
Hearing Date: 2021.09.29
Excerpt: ... and sharply focused examination of title. To establish that he is a proper plaintiff, one who has purchased property at a trustee's sale and seeks to evict the occupant in possession must show that he acquired the property at a regularly conducted sale and thereafter “duly perfected” his title. (s 1161a, subd. 3.) Thus, we have declared that “to this limited extent, as provided by the statute, . . . title may be litigated in such a proceed...
2021.09.24 Motion for Preliminary Approval of Class and Representative Action Settlement 414
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.09.24
Excerpt: ...of settlement, preliminarily approves class counsel's attorney's fees as $157,500 and reasonable costs not to exceed $20,000, preliminarily approves payment of an enhancement award of $5,000 to the class representative, preliminarily approves allocation of $30,000 as the PAGA Settlement payment of which 75% will be paid to CLWA and 25% to class members, preliminarily approves settlement administration services to be provided by CPT Group. Inc. fo...
2021.09.22 Motion for Summary Judgment 546
Location: Merced
Judge: MacLaren, Peter
Hearing Date: 2021.09.22
Excerpt: ...tiff's 60‐DayNotice to Quit demanded that Defendant return possession of the subject premises by July 3, 2021, that Defendant remained in possession of the subject premises after July 3, 2021, and that Plaintiff waived the 60‐Day Notice to Quit by accepting monthly rent on July 3, 2021, August 3, 2021, and September 3, 2021. While copies of checks and correspondence between Plaintiff and Defendant are attached as exhibits to the Motion for Su...
2021.09.16 Demurrer, Motion to Strike 321
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.09.16
Excerpt: ...29, 2020, that an employee found the Dependent Adult on the street but failed to take protective action, with the result that the Dependent Adult continued to walk into a canal area, fell into a canal and drowned. These allegations are assumed to be true for purposes of the instant demurrer. Accordingly, the demurrer is OVERRULED. Motion to Strike Portions of Plaintiffs' First Amended Complaint Defendant's motion to strike portions of plaintiffs'...
2021.09.15 Motion to Compel Further Responses 560
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.09.15
Excerpt: ...l Interrogatories, Set One, numbers 1‐3, 5‐7, 9‐10, 12, 14, 17, and 20‐21 by September 30, 2021. Defendant's request for monetary sanctions pursuant to CCP §§ 2023.010‐2023.040, 2023.030(a), and 2030.290(c) against Plaintiff and her attorney is GRANTED. Plaintiff and/or their attorney is ordered to pay $2,205.00 in monetary sanctions by September 30, 2021. The Court will not sign the proposed order lodged with the court on August 13, ...
2021.09.13 Motion for Summary Judgment, to Amend Complaint 328
Location: Merced
Judge: MacLaren, Peter
Hearing Date: 2021.09.13
Excerpt: ...t the lessee of a different co‐owner. (Zaslow v. Kroenert (1946) 29 Cal.2d 541, 548; Verdier v. Verdier (1957) 152 Cal.App. 348, 352; Lee Chuck v. Quan WoChong & Co. (1891) 91 Cal. 593, 597.) Plaintiff's Complaint concedes that the lease agreement that is the subject of this unlawful detainer action was between Defendant and an alleged “unauthorized family member” and that neither Plaintiff nor her successor interest are parties to the leas...
2021.09.03 Petition to Compel Binding Arbitration and to Stay Matter 695
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.09.03
Excerpt: ...l 7, 2020 through the date of his death on June 12, 2020 and that during that period he developed sepis, multiple stage three and two pressure ulcers, a UTI, an acute kidney injury, and malnutrition. (See Complaint ¶¶ 9‐33.) The Complaint alleges a First Cause of Action for Violation of Patients' Rights pursuant to 22 Cal Code Regs § 72527(a), a Second Cause of Action for Negligence/Wrongful Death, a Third Cause of Action for Willful Miscond...
2021.08.27 Petition to Compel Binding Arbitration and to Stay Pending Hearing on Petition 695
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.08.27
Excerpt: ...l 7, 2020 through the date of his death on June 12, 2020 and that during that period he developed sepis, multiple stage three and two pressure ulcers, a UTI, an acute kidney injury, and malnutrition. (See Complaint ¶¶ 9‐33.) The Complaint alleges a First Cause of Action for Violation of Patients' Rights pursuant to 22 Cal Code Regs § 72527(a), a Second Cause of Action for Negligence/Wrongful Death, a Third Cause of Action for Willful Miscond...
2021.08.26 Motion for Determination of Good Faith Settlement 126
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.08.26
Excerpt: ...Products LLC offer significant evidence that Defendant Kleinfelder, Inc. was negligent in the performance of the inspection duties that Merced Union High School District hired it to perform, Defendants Custom Building Products, Inc. and Custom Building Products LLC offer not evidence or argument as to why such negligence fails to satisfy the Tech‐Bilt factors given the agreement that Defendant Kleinfelder, Inc. would not be liable for any porti...
2021.08.26 Motion to Compel Deposition of PMK 557
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.08.26
Excerpt: ...ding Judge. The Motion to Compel Deposition of Defendant's Person or Persons Most Knowledgeable re Categories 15, 21 and 22 and Request for Monetary Sanctions pursuant to CCP § 2023.030(b) is GRANTED and Defendant's objections are OVERRULED. While the ultimate question of whether Defendant's 6th, 9th, 11th, 18th, 20th , 22nd, and 24th Affirmative Defenses are meritorious may constitute a legal conclusion, all facts to be offered at trial in conn...
2021.08.20 Motion to Suppress 756
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.08.20
Excerpt: ...y strong smell of raw marijuana, and that the size and use of that type of duffle bag was inconsistent with lawful conduct. Probable cause was bolstered by the unusually nervous and furtive behavior of the defendant. Accordingly, the motion to suppress is DENIED. ...
2021.08.19 Motion to Compel Depositions, for Sanctions 829
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.08.19
Excerpt: ...DENIED WITHOUT PREJUDICE. Defendant is ordered to contact witness Rosalba Sanchez and consult with the witness and, if necessary, her doctors to ascertain the circumstances and time under which a deposition might not place an undue burden on her health. One issue may be the time by which she expects to have sufficiently recovered from COVID so as not to present a risk of infection to others, and by which she would be capable of answering question...
2021.08.16 Motion to Dismiss 693
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.08.16
Excerpt: ...] as asserted without authority in the Motion to Dismiss and why the District Attorney has not filed an opposition to the motion allegedly delivered to a District Attorney Court Box. The Court notes that the Request for Admission Number 2 that are the subject of the pending Motion to Compel set for hearing on September 1, 2021 would, if deemed admitted or proven at trial, appear to establish that the subject proceeds were obtained in exchange fo...
2021.07.28 Motion to Strike, Demurrer 684
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.07.28
Excerpt: ...the First, Second, Third, Fourth, and Fifth Causes of Action therein on grounds of uncertainty and failure to state a claim. The Demurrer to the First, Second and Third Causes of Action on the grounds of uncertainty and failure to state a claim are OVERRULED. The Demurrers to the Fourth and Fifth Causes of Action for Fraud and Negligent Misrepresentation are SUSTAINED WIITHOUT LEAVE TO AMEND. Plaintiff has failed to allege fraud with particularit...
2021.07.21 Motion for Summary Judgment 165
Location: Merced
Judge: MacLaren, Peter
Hearing Date: 2021.07.21
Excerpt: ...his shifts the burden of proof to Defendant to offer admissible evidence establishing a triable issue of material fact. First, Defendant fails to provide a Separate Statement of Undisputed Fact. This alone is grounds for granting the Motion for Summary Judgment. Second, Defendant fails to provide any admissible evidence controverting any of the evidence offered by the moving party and therefore fails to establish that there is a triable issue of ...
2021.07.20 Motion to Compel Second Deposition 362
Location: Merced
Judge: Moranda, David
Hearing Date: 2021.07.20
Excerpt: ...stigation report is privileged. Defendant has established a prima facie case that the investigation report is privileged (See Holm v. Superior Court (1954) 42 Cal.2d 500; Travelers Ins. Cos. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4240 to notify the court of your intent to appear. 2. You must give notice to all other parties be...
2021.06.29 Motion to Compel Further Responses 621
Location: Merced
Judge: Moranda, David
Hearing Date: 2021.06.29
Excerpt: ...ations that while in the care of Defendant, Plaintiff, an elder, suffered stage III and IV pressure ulcers requiring surgery, malnutrition, and sepsis leading to the death of such elder. The action is brought by Plaintiff's successor in interest. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4240 to notify the court of your intent to...
2021.06.18 Motion to Strike FAC 216
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.06.18
Excerpt: ...abate the alleged nuisance by immediate removal of the pipeline, (b) general damages, (c) costs, and (d) other relief. The relief requested for the Second Cause of Action is (a) injunctive relief to abate the alleged nuisance by immediate removal of the encroaching trees, (b) costs, and (c) other relief. The relief requested for the Third Cause of Acton is (a) restitution of the premises, (b) general damages, (c) costs, and (d) other relief. Ther...
2021.06.17 Demurrers, Motion to Strike 763
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.06.17
Excerpt: ...mended Complaint's Eleventh Cause of Action for Fraudulent Concealment and the Twelfth Cause of Action for Recission are OVERRULED. The Sixth Amended Complaint's Eleventh Cause of Action for Fraudulent Concealment alleges, with particularity, communications in the 2004 time frame concerning the potential for water intrusion from the Merced Irrigation District Canal that adversely affected the residential subdivision built on those properties. The...
2021.06.16 Motion to Compel Destructive Testing 763
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.06.16
Excerpt: ...ered to contact the clerk of the court at (209) 725‐ 4240 to provide their contact information for the remote hearing. The OSC re sanctions is DISCHARGED. In the future, the parties are ordered to set a hearing on the Court's 8:15 a.m. Law and Motion Calendar whenever any party files objections to a Special Master Order. The Objections by Merced Irrigation District filed March 3, 2021 are OVERRULED. The primary objection is that Merced Irrigati...
2021.06.04 Application for TRO and OSC 545
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.06.04
Excerpt: ...ies of all information supporting the alleged charges is provided to Plaintiff on the grounds that Plaintiff cannot effectively explain his conduct without additional information about the charges. There is no evidence that Plaintiff has exhausted his administrative remedies by formally requesting unredacted copies of all documents supporting the alleged charges, and no evidence that Plaintiff has exhausted his administrative remedies by requesti...
2021.06.03 Motion for Determination of Good Faith Settlement 126
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.06.03
Excerpt: ...ith Cross‐Defendant Kleinfelder, Inc. excluded any warranty claim, so the liability of Cross‐Defendant Kleinfelder, Inc. is based on the theory that Cross‐Defendant Kleinfelder, Inc. was negligent in discovering and warning about the negligence of contractors who were providing a warranty for their products and services. Put another way, even if Cross‐Defendant Kleinfelder, Inc. were found liable for 100% of the unpaid balance of the cost...

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