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198 Results

Location: Merced x
2021.05.06 Special Motion to Strike 661
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.05.06
Excerpt: ...uant to CCP § 425.16 envisions a two‐step process: First the Defendant must make a threshold showing that the challenged allegations arise from a protected activity. If Defendant makes the required showing, Plaintiff must present competent admissible evidence showing a probability that they will prevail on the merits. Cross‐ Defendants satisfied their initial burden by demonstrating that the First Amended Cross‐Complaint's Paragraph 116 in...
2021.05.06 Motion to Strike 684
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.05.06
Excerpt: ... form DRE and that he would provide adequate legal services which Plaintiff retained Defendant to provide.” Such facts do not entitle either Plaintiff to punitive damages. Paragraph 65 alleges “Defendant introduced Plaintiff to other clients of his, one of them being Shearer, concerned this would create a conflict of interest, Plaintiff voiced her concerns to defendant. Defendant expressly assured Plaintiff there was no conflict of interest. ...
2021.05.04 Motion to Set Aside Default, Judgment 392
Location: Merced
Judge: Moranda, David
Hearing Date: 2021.05.04
Excerpt: ...iled to establish any manner of mistake or excusable neglect, he simply ignored the litigation. Third, the request is more than six months beyond the date that the default was entered on October 5, 2020. Fourth, and finally, the judgment is based on a claim on a promissory note for money loaned to Defendant. Defendant has failed to provide any evidence that a different result would have been probable if relief were granted. amend. ...
2021.04.27 Motion for Leave to File Action 126
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.04.27
Excerpt: ...le Action Against Merced County Office of Education and Winton School District is DENIED. The weight of evidence before this court is that Plaintiff never filed a claim or an application to file a late claim with either Merced County Office of Education or Winton School District. Documents submitted to Merced County with regard to a claim against Merced County do not satisfy the need to file a separate claim with Merced County Office of Education...
2021.04.26 Motion for Leave to File Action 126
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.04.26
Excerpt: ...regard to a claim against Merced County do not satisfy the need to file a separate claim with Merced County Office of Education and Winton School District. While mistake concerning the respective legal relationship between Merced County and Merced County Office of Education and Winton School District may, under certain circumstances, qualify as grounds justifying a late claim, it does not excuse the filing of any claim whatsoever. The weight of e...
2021.04.21 Demurrer 794
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2021.04.21
Excerpt: ...d that a general anesthesia was necessary when in fact a local anesthetic and ¼ inch incision was adequate in order to induce Plaintiff to cancel a procedure scheduled with another surgeon; (2) Defendant falsely stated that the object removed was a venting wire or fencing wire when in fact a guide wire left behind from a previous surgery; and (3) Although Plaintiff requested that the foreign object that was removed be retained, Defendant falsely...
2021.04.13 Motion to Compel Production of Docs 438
Location: Merced
Judge: Moranda, David
Hearing Date: 2021.04.13
Excerpt: ...NTS (audio recording(s)) between Esurance Property & Casualty Company's claims adjuster and Plaintiff's Counsel Robert T. Tang, Esq.” The objection that such subpoena fails to comply with the requirements for seeking the personal consumer records of the Defendant is frivolous. The subpoena seeks evidence of a conversation between Plaintiff's counsel and an Esurance Claims Adjuster, not any personal record of the Defendant. While it appears that...
2021.04.12 Petition for Writ of Mandate 520
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.04.12
Excerpt: ...by concealing the fact of his incarceration. Exercising its independent judgment, this court finds that the Commissioner property determined that Petitioner was subject to profesional discipline and the Commissioner did not abuse his discretion by determining that the appropivate discipline was license revocation. This Court further finds that, under the circumstances, revocation of Petitioner's license is in the Public's Interest. ...
2021.04.12 Demurrer 050
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2021.04.12
Excerpt: ...2015‐00669, Detective Johnson of the Merced Police Department interviewed Decedent Alejandro Alex 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 “that in the written report of the interview with “CW‐1” by Detective Johnson in Case #201...
2021.04.09 Application for Preliminary Injunction 470
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.04.09
Excerpt: ...ties are ordered to contact the clerk of the court at (209) 725‐4240 to provide their contact information for the remote hearing at 1:30 p.m. No appearance is necessary at the 8:15 a.m. hearing. For the convenience of the parties, the court issues the following tentative ruling: The Application for Preliminary Injunction is DENIED and the Temporary Restraining Order currently in effect is DISSOLVED. Merced Irrigation District bears the burden o...
2021.04.07 Motion to Set Aside Default, Judgment 374
Location: Merced
Judge: Foster, David A
Hearing Date: 2021.04.07
Excerpt: ...ed on October 27, 2017 and vacate the default judgment entered on March 20, 2019 is DENIED as untimely. A motion under section 473, subdivision (b) must be brought no more than six months after the judgment or order was made. In addition, a motion under section 473(b) must be accompanied by a copy of the answer or other responsive pleading the moving party intends to file. No proposed answer or responsive pleading was filed with the moving papers...
2021.04.01 Motion for Leave to File SAC 657
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.04.01
Excerpt: ...to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.” (See e.g. Record v. Reason (1999) 73 Cal.App.4th 472, 478 [“even if a good amendment is proposed in proper form, unwarranted delay in presenting it may—of itself—be a valid reason for denial”][quoting Roemer v. Retail Credit Co. (1975) 44 Cal.App.3d 926, 939–940].) Second, the Class Action Allegations contained in the P...
2021.03.29 Demurrer 187
Location: Merced
Judge: Foster, David A
Hearing Date: 2021.03.29
Excerpt: ...ased on a 60‐day notice to quit 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 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. ...
2021.03.19 Motion for Summary Judgment, Adjudication 085
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2021.03.19
Excerpt: ...ng 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 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 hearing...
2021.03.16 Motion to Compel Further Responses, for Monetary Sanctions 522
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.03.16
Excerpt: ... Interrogatory #2 [All Facts Supporting Contention that the trailer does not qualify for repurchase], #3 [All persons who have knowledge supporting such contention], #5 [Identification of Customers supporting response to Interrogatory 4], #6 [All persons who have knowledge supporting response to Interrogatory 4], and 7 [Number of customer complaints regarding same make, model, and year vehicle]. The objections by Defendant Eclipse Recreational Ve...
2021.03.16 Motion to Compel Further Responses, for Monetary Sanctions 148
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.03.16
Excerpt: ... and retention, a Fourth Cause of Action for Negligence in violation of Government Code § 815.2(a), and a Fifth Cause of Action for Violation of the Unruh Act arising from the treatment the minor Plaintiff at his school. Plaintiff seeks to compel Defendant Celine Bautista to provide further responses to Form Interrogatories, Set One, Nos. 10.2 [physical or emotional disabilities you had prior to the incident], 12.1 [witnesses and statements to i...
2021.03.11 Demurrer 210
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.03.11
Excerpt: ...f fails to state a claim for which relief can be granted. The demurrer to the First Cause of Action for Cancellation of Deed is OVERRULED. Paragraphs 15 and 16 allege that the Quit Claim deed Plaintiff signed was represented to be a transfer of utilities, a grounds for cancellation under Civil Code § 3412. While the complaint is uncertain in that it fails to specify whether the misrepresentation concerning the nature of the document signed is al...
2021.03.10 Motion for Approval of PAGA Settlement 564
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.03.10
Excerpt: ... Enrique Cervantes Zamora for release of wage hour claims that are not included in the PAGA action as partial consideration for his agreement to settle the PAGA claims for $55,000. Clearly Plaintiff Enrique Cervantes Zamora has a conflict of interest between what is best for him personally and what is best for the PAGA class, and is therefore no longer a suitable representative Plaintiff for the PAGA action. PAGA counsel would appear to have a co...
2021.03.05 Motion for Reconsideration of Order Overruling Demurrer 814
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2021.03.05
Excerpt: ... the allegations of the complaint appear to allege a claim that is distinct from the other litigation. A formal order was filed on January 11, 2021, Notice of Entry of Order was filed on January 14, 2021, and this Motion for Reconsideration was filed on January 19, 2021. A hearing was held on February 11, 2021, where this Court [Hon. Proietti] issued a tentative ruling which granted reconsideration on the court's own motion, and changed the rulin...
2021.03.05 Motion for Approval of PAGA Settlement 564
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.03.05
Excerpt: ... Enrique Cervantes Zamora for release of wage hour claims that are no included in the PAGA action as partial consideration for his agreement to settle the PAGA claims for $55,000. Clearly Plaintiff Enrique Cervantes Zamora has a conflict of interest between what is best for him personally and what is best for the PAGA class, and is therefore no longer a suitable representative Plaintiff for the PAGA action. PAGA counsel would appear to have a con...
2021.03.03 Demurrer 096
Location: Merced
Judge: Foster, David A
Hearing Date: 2021.03.03
Excerpt: ...nst defendant based on termination of defendant's employment and right to occupy the premises. (See Code Civ. Proc., §§ 1161(1), 1166.) Defendant's lengthy demurrer does not identify any pleading defect that would make the complaint vulnerable to general demurrer. Defendant's special demurrer to the complaint for uncertainty is OVERRULED. (Code Civ. Proc., § 430.10, subd. (f).) The complaint alleges all the necessary facts to constitute a caus...
2021.03.01 Demurrer 579
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.03.01
Excerpt: ...ablishing liability under Government Code § 815.2, Government Code § 815.4 or Government Code § 820 are insufficient, because liability depends on terms of the specific statute under which liability is asserted. (See Government Code § 815; Eastburn v. Regional Fire Protection Authority (2003) 31 Cal.4th 1175, 1183 [“…direct tort liability of public entities must be based on a specific statute declaring them to be liable, or at least creat...
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...

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