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304 Results

Location: Merced x
2022.10.07 Demurrer to FAC 981
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.10.07
Excerpt: ...rty tax. (Government Code § 5898.31; Silicon Valley Taxpayers' Assn. v. Santa Clara County Open Space Authority (2008) 44 Cal.4th 431, 443) and are therefore subject to the “pay first litigate later rule.” (See e.g. California Department of Tax and Fee Administration v. Superior Court (2020 48 Cal.App.5th 922, 932.) Declaratory Relief is not available when there is a plain, complete, speedy and adequate remedy at law. (Flying Dutchman Park, ...
2022.09.28 Motion for Summary Adjudication 712
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.09.28
Excerpt: ...tion for Summary Judgment or Summary Adjudication, the moving party must submit a separate statement supported by admissible evidence that establishes a prima facie case that the moving party is entitled to judgment as a matter of law. Plaintiffs and Cross‐Defendants Sandton Credit Solutions Master Fund IV LP and Sandton Agriculture Investments, LLC filed the requisite separate statement and supporting evidence, including a request for judicial...
2022.09.27 Motion to Enforce Settlement Agreement, for Monetary Sanctions 333
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.09.27
Excerpt: ...ential creation of a settlement contract if rejected. The fact that the form of offer may not have successfully achieved those benefits if rejected is irrelevant because the offer was in fact delivered to Defendants and was accepted by Defendants thereby creating a contract. The fact that Plaintiff may have misunderstood lien law when extending the law or the fact that Plaintiff's attorney did not sign the offer pursuant to CCP § 998 does not pr...
2022.09.21 Motion to Compel Responses 692
Location: Merced
Judge: MacLaren, Peter
Hearing Date: 2022.09.21
Excerpt: ...on of Documents and the failure to comply with the order that both Plaintiffs and their counsel pay monetary sanctions of $500. The instant motion also seeks additional 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 before 4:00 p.m. of your...
2022.09.15 Motion to Strike 856
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2022.09.15
Excerpt: ...ollision. Defendant Lori Rossi Gallo took a breath test and blew a .18% and admitted drinking multiple drinks. Defendant Lori Rossi Gallo was driving at speeds in excess of 140mph on a heavily traveled public roadway [G Street in the City of Merced] in a luxury Maserati in extremely dangerous fashion. Defendant Lori Rossi Gallo was swerving in a crazy like manner and blew through red lights along the way before causing these massive collisions....
2022.09.12 Motions in Limine 763
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.09.12
Excerpt: ...ot Liable for Water Related Damages. Tentative Ruling: Motion in Limine #1 is GRANTED. Defendants Ramson Piro Construction & Development, Inc. and Piro Enterprises, Inc. Are being sued in two capacities: (1) As the Developer that designed and built the Plaintiffs' Homes; and (2) As the Developer that Sold the Subject Homes to the Plaintiffs. The following tentative rulings shall become the ruling of the court unless a party gives notice of intent...
2022.09.08 Motion to Compel Further Responses, for Monetary Sanctions 476
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.09.08
Excerpt: ...ses to Form Interrogatories is GRANTED and the objections to such Form Interrogatories, brought by Plaintiff Parkash Pabla, are OVERRULED. To the extent that a Form Interrogatory requests information concerning a classification of damages that Plaintiff is not seeking, Plaintiff may provide a full and complete response by unambiguously waiving any right to that category of damages as a complete response. Plaintiff Parkash Pabla is ordered to prov...
2022.09.06 Demurrer to FAC 188
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.09.06
Excerpt: ...ontent of each such statement, and the manner in which each such statement was conveyed. (See e.g. Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.App.4th 979, 993. Furthermore, allegations of fraud against a corporate entity must state the name of each person who made each alleged statement, that person's authority to speak for the corporation, to whom that person spoke, what they said or wrote, and when each such statement was oral or...
2022.08.30 Petition to Compel Binding Arbitration and Stay Matter 728
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.08.30
Excerpt: ...ensed healthcare provider and that the claims brought against such Defendant are claims based on the healthcare provider's alleged failure to provide appropriate medical care. Accordingly, Defendant Anberry Transitional Care LLC is entitled to the benefits of MICRA. (See Ruiz v. Podolsky (2010) 50 Cal.4th 838, 849 [“we are persuaded that [CCP] section 1295, construed in light of its purpose, is designed to permit patients to bind their heirs in...
2022.08.29 Motion to Compel Compliance with Subpoena 493
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2022.08.29
Excerpt: ...tion because it “uses millions of gallons of groundwater each day from the critically overdrafted Merced Subbasin, in large part to facilitate its use of live‐hang slaughter with electric immobilization, an unnecessarily water‐ intensive method of slaughtering chickens” and that the practice thwarts Maximum Beneficial Use because if Foster Poultry Farms “was not using more than its fair share of water, despite less water‐ intensive al...
2022.08.25 Demurrer to FAC 981
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.08.25
Excerpt: ...fore the Contractors State License Board. Defendant asserts that since the contractor's license bond is a statutory bond, not a contract bond or common law bond where a balance of equities may be considered by the court, the fact that the statutory scheme does not require exhaustion of administrative remedies via the filing of a CSLB administrative complaint, the Legislature is deemed to have chosen not to make exhaustion a requirement and theref...
2022.08.18 Motion for Summary Judgment 226
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.08.18
Excerpt: ... § 1793.2, are without merit because Defendant Ford Motor Company promptly offered to repurchase or replace Plaintiff's truck prior to the filing of Plaintiff's Complaint. Defendant's Motion for Summary Judgment is Supported Facts 1‐30 which appear to be supported by admissible evidence, and those same facts are incorporated by reference into three additional issues seeking Summary Adjudication of the First, Second, and Third Causes of Action ...
2022.08.12 Motion for Summary Judgment 270
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.08.12
Excerpt: ...dently caused, and (2) Defendant First National Insurance Company of America owes a duty to defend Erick Baumbach‐Madriz (aka Erick Baumbach) in the litigation of property damage claims arising out of a fire that he accidently caused. Plaintiff California Mutual Insurance Company brought a subrogation action and obtained a default judgment on September 22, 2020, against Erick Baumbach‐Madriz (aka Erick Baumbach) in the amount of $327,171.32 i...
2022.08.10 Motion for Summary Judgment 763
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.08.10
Excerpt: ...tion for Summary Judgment on the grounds that any duty that Ransom Piro Construction & Development, Inc. and Piro Enterprises, Inc might have had to limit or mitigate water intrusion from the Merced Irriagation District Canal was a duty owed to the Plaintiff homeowners in this action, not to Merced Irrigation District, the entity ulimtimately responsible for water intrusion and the public entity whose failure to contain waters under its control m...
2022.08.05 Motion for Partial Judgment on the Pleadings, to Strike Attorney Fees 878
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.08.05
Excerpt: ...n (k) is dependent on a claim of actual discrimination: Employers should not be held liable to employees for failure to take necessary steps to prevent such conduct, except where the actions took place and were not prevented. (Id., quoting Trujillo v. North County Transit Dist. (1998) 63 Cal.App.4th 280, 289].) This court held above that Discrimination did not occur because there was no material adverse employment action, but that a triable issue...
2022.08.03 Motion for Summary Judgment 223
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.08.03
Excerpt: ...amed as Defendant in the First and Second Cause of Action only, brings the instant motion for Summary Judgement on the Grounds that (1) there is no triable issue of material fact with regard to the First Cause of Action for Negligence because Defendant did not owe a Duty to Plaintiff nor did Defendant Cause Plaintiff's injuries; and (2) there is no triable issue of material fact with regard to the Second Cause of Action for Strict Liability as De...
2022.07.20 Motion for Summary Judgment 187
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.07.20
Excerpt: ...t‐cause requirements of The Tenant Protection Act of 2019, Civil Code § 1947.2(a). A Demurrer to the complaint was overruled on 3‐29‐21, and a motion to compel discovery was withdrawn on 4‐26‐21 because the Defendant was no longer in possession of the property and the case would proceed as a normal civil unlimited. The clerk of the Court does not appear to have reclassified this matter as a general civil unlimited case. Counsel for Pla...
2022.07.07 Demurrer to SAC 303
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.07.07
Excerpt: ...s: 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 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 ...
2022.07.01 Motion for Attorney Fees 985
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2022.07.01
Excerpt: ...h 4, 2022, defendants filed a Motion for Reconsideration of the February 22, 2022 Order pursuant to CCP 1008, 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, a...
2022.06.17 Motion to Compel Responses 692
Location: Merced
Judge: Matcham, Susan
Hearing Date: 2022.06.17
Excerpt: ...Failure to Provide Habitable Dwelling, (2) Breach of Covenant of Right to Quiet Enjoyment, (3) Private Nuisance, (4) Unfair Competition, and (5) Negligence. On May 20, 2022, Defendants filed the instant Motion for Order Compelling Plaintiffs Eva Mendoza and Luis Rodriguez to provide responses to written discovery propounded on August 9, 2021, consisting of Requests for Production of Documents, Set One; Special Interrogatories, Set One; and Form I...
2022.06.09 Motion to Strike, to Compel Further Responses 729
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.06.09
Excerpt: ...s Manual published by YOU and provided to YOUR authorized repair facility(s) within the State of California, from 2017 to present. [This request will be understood to include production of any and all versions of such manual as distributed to YOUR dealerships during the relevant time frame.]” Defendant objected to the request on the grounds that it was overbroad and seeks documents that are not relevant and not reasonably calculated to lead to ...
2022.06.02 Motion to Strike Objections, Compel Further Responses 729
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.06.02
Excerpt: ...s Manual published by YOU and provided to YOUR authorized repair facility(s) within the State of California, from 2017 to present. [This request will be understood to include production of any and all versions of such manual as distributed to YOUR dealerships during the relevant time frame.]” Defendant objected to the request on the grounds that it was overbroad and seeks documents that are not relevant and not reasonably calculated to lead to ...
2022.05.26 Motion to Stay Action in its Entirety 082
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.26
Excerpt: ...LLC owns all crops produced by such almond farm, that non‐party Dilbag Khera, a member of Plaintiff DS Orchards LLC who resigned in January and March of 2021 and Defendant Cardella Merced LLC, an entity that is alleged to be controlled by Dilbag Khera, who controls Defendant Cardella Merced LLC, were ordered to vacate the almond farm, that non‐party Dilbag Khera refused to vacate and continues to operate the almond orchard, and that non‐par...
2022.05.25 Demurrer 779
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.25
Excerpt: ...aint's First Cause of Action for Violation of Statutory Standards pursuant to CCP § 430.10(f) on the grounds that it is vague, ambiguous, unintelligible, and uncertain; (3) to the Complaint's Third Cause of Action for Breach of Implied Warranty pursuant to CCP § 430.10(e) on the grounds that it fails to state facts sufficient to establish a cause of action and pursuant to CCP § 430.10(f) on the grounds that it is vague, ambiguous, unintelligib...
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...

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