Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

176 Results

Location: Merced x
2021.02.24 Motion for Summary Judgment 286
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.02.24
Excerpt: ...835 and qualify as a dangerous condition on public property, then every step and stairway located on any California Public Property (and for that matter, every curb to every sidewalk located on public property) would also qualify as a dangerous condition because a person approaching the step or curb from the lower side will fall if they fail to observe the step and fail to step up onto the step. Whether there is a dangerous condition may be resol...
2021.02.16 Demurrer 515
Location: Merced
Judge: Salter, Timothy W
Hearing Date: 2021.02.16
Excerpt: ...at a court must conduct when addressing a claim that a civil matter is Yount‐barred as follows: Heck [v. Humphrey (1994) 512 U.S. 477, [114 S.Ct. 2364, 129 L.Ed.2d 383] (“Heck”)] bars a section 1983 claim if it is inconsistent with a prior criminal conviction or sentence arising out of the same facts, unless the conviction or sentence has been subsequently resolved in the plaintiff's favor. (Id. at pp. 486–487, 114 S.Ct. 2364.) In essence...
2021.02.08 Motion for Approval of PAGA Settlement 564
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.02.08
Excerpt: ...ng 25% of the approximately $15,840.00 residual, i.e. approximately $3,960 to be split between 39 employees, or an average of approximately $101.00 per employee. If, for example, the allocation to Plaintiff were reduced to $3,000, the residual would increase to $27,840, and the 25% allocated to the 39 other employees would increase to $6,960 or an average of $178 per employee, a 76% increase to the aggrieved employees. The briefing should also ad...
2021.02.05 Motion for Summary Judgment, Adjudication 641
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.02.05
Excerpt: ...ct, the employer of the truck's driver, Defendant Jack William, is GRANTED. As a matter of first impression in California, this court finds that the Graves Amendment, 49 U.S.C. § 301106(a) preempts California Vehicle Code § 17150 in cases such as this where the elements of the Graves Amendment are satisfied and the Graves Amendment savings clause does not apply. This court finds that Defendants Undisputed Facts are supported by admissible evide...
2021.01.29 Motion for Leave to File Brief in Excess of 15 Pages, OSC Re Preliminary Injunction 605
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.01.29
Excerpt: ...d its tentative ruling which denied without prejudice the request for OSC re Preliminary Injunction and TRO with regard to the First Cause of Action for Public Nuisance, granted in part and denied in part the request for OSC re Preliminary Injunction and TRO with regard to the Second Cause of Action for Unfair Business Practices and issued an OSC re Preliminary Injunction and TRO 20 categories of specific safety precautions, and ordered Plaintiff...
2021.01.26 Motion to Compel Further Responses 054
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.01.26
Excerpt: ...iversity of California implemented data analysis to support UC PATH mitigation], 62 [Identify the results of the data analysis conducted to support UC PATH process mitigation], 63 [Identify all documents containing the results of the data analysis conducted to support UC Path process mitigation], 66 [State the employee identification number of each person employed by the University of California in the Payroll Analyst 2 job position at any time b...
2021.01.15 Motion to Disqualify Counsel 808
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.01.15
Excerpt: ...son, due to multiple alleged conflicts of interest. The court has been unable to locate the declarations and evidence alluded to throughout the motion as establishing the alleged conflicts of interest and it appears that such declarations were not filed with the court on December 15, 2020, although the proof of service indicates that Declarations of Cyrus Nownejad, Gita Nownejad, and K. Raldis were served on the parties along with the moving pape...
2021.01.13 Demurrer, Motion to Strike 763
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.01.13
Excerpt: ... Misrepresentation, and the Fourteenth Cause of Action for Rescission Based on Fraud are adequate to state a claim against an individual defendant, the allegations of the Fourth Amended Complaint do not satisfy the stricter pleading requirements for fraud against corporate defendants. Unless all of the Plaintiffs received the same representation at the same time, in the same manner, and from the same person, each plaintiff must allege (1) the nam...
2021.01.13 Application to Continue Motion for Summary Judgment, Adjudication 194
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.01.13
Excerpt: ... Contract‐ Personal Guaranty, a Sixth Cause of Action to enforce License Bond against Surety, a Seventh Cause of Action for Foreclosure of Mechanics Lien, and an Eighth Cause of Action (named in the complaint as a second Seventh Cause of Action) to Enforce Private Work Stop Payment Notice. On November 19, 2020, Plaintiff filed a motion for summary judgment, or in the alternative, summary adjudication, of the First, Second, Third, Fourth, and Fi...
2021.01.11 Demurrer 515
Location: Merced
Judge: Salter, Timothy W
Hearing Date: 2021.01.11
Excerpt: ...akes bare allegations that are not supported by the facts or evidence in this case” (May 13, 2020 Order of Denial at Page 2:23‐25), and (2) the August 26, 2020 Ruling on Informal Request for Issuance of a Subpoena For Evidence Supporting Petition for Writ of Habeas Corpus are judicial acts to which Judge Jeanne Schechter is entitled to absolute judicial immunity. Accordingly, the demurrer must be SUSTAINED on that grounds alone. Furthermore, ...
2020.12.23 Application for TRO, OSC Re Preliminary Injunction 605
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.12.23
Excerpt: ...aratory Relief pursuant to California Code of Civil Procedure section 1060. The instant application by Plaintiffs for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction seeks eleven categories of mandatory injunctive relief and is supported by twelve initial and four responsive declarations. Notice of the instant application has been provided to Defendant and Defendant has filed an opposition supported by three initial ...
2020.12.21 OSC Re Sanctions 808
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.12.21
Excerpt: ...ere as follows: The Motion by Lenice Wilson as Trustee of the Wilson Charles & Lenice 2015 Revocable Living Trust Incorrectly Sued as Estate of Charles Rayburn Wilson to Compel Responses by Estate of Edyna Sischo‐Nownejad to Request for Admissions, to Strike Improper Objections, Compel Verification, and Request for Monetary Sanctions of $2,343.75. pursuant to CCP § 2033.010 is GRANTED. The Motion by Lenice Wilson as Trustee of the Wilson Charl...
2020.12.18 Demurrer 493
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.12.18
Excerpt: ...de standing to litigate the reasonableness of an industrial use of water. (See In re Water of Hallett Creek Stream Sys. (1988) 44 Cal.3d 488, 472 fn 16.) While COVID‐19 related guidelines may be relevant to whether an injunction may issue at a given point in time, they do not preclude litigation of the underlying rights for which injunctive relief is sought and cannot preempt state law concerning unreasonable use of water within that state. Fin...
2020.12.14 Demurrer 161
Location: Merced
Judge: Foster, David A
Hearing Date: 2020.12.14
Excerpt: ...ce requirements under the COVID‐19 Tenant Relief Act are inapplicable and the Act does not require dismissal of this action because the notice to quit is not based on a demand to pay COVID‐19 rental debt. (See Code Civ. Proc., § 1179.03(a).) Accordingly, the demurrer to the complaint on the ground that the notice to quit is insufficient to establish a cause of action for unlawful detainer is overruled. The Court notes, however, that the comp...
2020.12.09 Demurrer 050
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.12.09
Excerpt: ...lex Vega and using the reference name “CW‐1” prepared a 3 page written report of the interview in which “CW‐1” reported that Joseph Elias Castrillo confessed to “CW‐1” that Castrillo had murdered Merced Taxi Cab driver Dean Barker” and alleged in Paragraph 30 “that in the written report of the interview with “CW‐1” by Detective Johnson in Case #2015‐00669 included personally The following tentative rulings shall beco...
2020.12.01 Motion to Continue on Pending Discovery Motions 808
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.12.01
Excerpt: ... motion seeks to continue. Second, while the court is sympathetic to the death of counsel's sister and the delay that may have caused to the filing of a motion to disqualify defense counsel, there has as yet been no showing that the outcome of the motion to disqualify is relevant to the right of the Defendants to obtain the discovery sought, regardless of whether their current counsel is disqualified. The court notes that the nature of the discov...
2020.11.19 Motion to Compel Further Responses 520
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.11.19
Excerpt: ...ncerns can be addressed by a suitable protective order or redaction of employee identifying information and assignment of an identification code to each record. Defendant is ordered to produce records of employees who are members of the putative class alleged in the operative complaint having even numbered social security numbers, without regard to employment location, without regard to business line, unless the parties enter into a written agree...
2020.11.09 Motion to Compel Further Responses 342
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.11.09
Excerpt: ...e regular rate of pay of covered employees udering the relevant time period] and 32 [Describe Defendants methods, polices and procedures during the relevant time period for rounding covered employees' overtime pay] and for monetary sanctions of $4,666.50 against Defendants and its counsel of record pursuant to CCP § § 2023.010 is GRANTED IN PART. Defendant's objections are frivolous and are therefore overruled, and Defendant is ordered to serve...
2020.11.02 Motion to Disqualify 342
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.11.02
Excerpt: ...the employees of Defendant Smart & Final Stores, LLC employed during the period applicable to each claim by representative plaintiffs. It would appear that the only potential conflict where a firm represents more than one PAGA representative Plaintiff against the same Defendant would be the potential effect that the representation of one PAGA representative Plantiff might have on a different PAGA representative Plaintiff's ability to be compensat...
2020.10.30 OSC Re Dismissal 413
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.10.30
Excerpt: ...led a Notice of Settlement. The declaration indicates that the parties have reached an impasse on the wording of the release. The acceptance of a CCP § 998 constitutes an agreement to enter judgment for the agreed upon amount in the pending action which in turn, pursuant to the doctrine of res judicata, bars further actions on claims that were brought or could have been brought in the pending action. In does not necessarily bar “all claims kno...
2020.10.27 Motion to Stay or Consolidate 342
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.10.27
Excerpt: ... its documents in support of or in opposition to the motion [for class certification] must be filed.” (Cabrini v. Superior Court (1994) 26 Cal.App.4th 239, 244.) While there is merit to Defendant's contentions that some discovery requests were unartfully drafted or contained provisions barred by the discovery rules, the remedy is to provide appropriate responses to the portion of a request that seeks legitimate discovery and refuse to provide r...
2020.10.22 Motion for Terminating Sanctions, Monetary Sanctions 085
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.10.22
Excerpt: ... complies or orders declaring matter admitted or established if answers are not received. It is only when a party persists in disobeying the court's orders that the ultimate doomsday sanctions of dismissing the action is justified. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796; Lopez v. Watchtower Bible & Tract Soc. Of New York, Inc. (2016) 246 Cal.App.4th 566, 604; Siry Investments, L.P. v. Farkhondepour (2020) 45 Cal.App.5th 1098, 1117 [disc...
2020.10.21 Motion for Summary Judgment 228
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.10.21
Excerpt: ...fendant Travelers Property Casualty Company contends that Plaintiff has failed to establish a prima facie case that it is entitled to judgment as a matter of law because proposed undisputed facts are not supported by admissible evidence, and that an exclusion for professional services contained in the subject policy precludes coverage because there is a triable issue of material fact as to whether Plaintiff Architectural Firm Bunton, Clifford & A...
2020.10.21 Motion for Summary Judgment 162
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.10.21
Excerpt: ...o Facts Number 2, 6, 7, 8, and 10. Plaintiff's evidentiary objections are SUSTAINED. 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 GRANTED. First, the Complaint's first cause of action for Dangerous Condition on Public Properly Pursuant to Government Code § 835 does not establish a clai...
2020.10.15 Motion to Deem Matters Admitted, to Compel Production of Docs 211
Location: Merced
Judge: Foster, David A
Hearing Date: 2020.10.15
Excerpt: ...cordance with Code of Civil Procedure sections 2023.030(a) and 2033.280(b), the Court imposes a monetary sanction in the amount of $355.00 against defendant Florence Manning which is due and payable to plaintiff ten days after notice of 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...

176 Results

Per page

Pages