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314 Results

Location: Merced x
2022.11.23 Motion for Good Faith Settlement Determination 294
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2022.11.23
Excerpt: ...nce attributable to [codefendant El Dorado] County was realistic and that the amount of the settlement bore a realistic proportion to damages that could be awarded.' (Id., at page 1248, 253 Cal.Rptr. 137.) [¶] The Schmid Court reversed relying on the portion of Tech‐Bilt which held that even when the claimant's damages are obviously great, and the liability therefor certain, a disproportionately low settlement figure is often reasonable in the...
2022.11.21 Motion to Quash Subpoena 944
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.11.21
Excerpt: ...a and Dustin Oliveira to Quash Subpoena to Third Party San Joaquin Valley Hay Growers Association for Production of Documents concerning financial information concerning Defendants Frank Oliveira and Dustin Oliveira, specifically Requests 1‐3, and 5‐16, and for monetary sanctions in the amount of $2,969.40 against Plaintiff Caetano Custom Tractor and its Counsel.pursuant to CCP § 1987.2 is GRANTED. First, there is no showing of good cause ju...
2022.11.21 Motion to Compel Arbitration and Stay Action 641
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.11.21
Excerpt: ... Greenman v. Yuba Power Prods., Inc. (1963) 59 Cal.2d 57, 60‐61 [California Law].) The Agreement on which the action against Ford Motor Company is based expressly states in Pagaraph 14 that the Dealer is not an agent of the company and may not, in “any manner assume or create any obligation on behalf or or in the name of the Company.” Since Defendant Ford Motor Company was not bound by the arbitration agreement between Plaintiff and Defenda...
2022.11.04 Motion for Prohibitory Preliminary Injunction 082
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.11.04
Excerpt: ...rown, and harvested and sold or are in the process of being grown, harvested and sold. There appears to be no dispute that Mr. Chillara has declined to pay for the farming expenses necessary to grow and harvest such almonds and there appears to be no dispute that Mr. Khera has not turned over the sales proceed to Mr. Chillara, but there is no evidence that the sales proceeds have been misappropriated. It appears that the purpose of the proposed i...
2022.11.03 Motion to Withdraw as Counsel, Demurrer 055
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.11.03
Excerpt: ...nd Does 1‐25 as Defendants and alleging causes of action for (1) Trespass to Land, (2) Private Nuisance, Elder Abuse, Violations of Penal Code § 496c, Negligence, and Negligent Infliction of Emotional Distress based on allegations that Defendant Ramirez entered land owned by Plaintiff and installed water pipes transmitting water from Plaintiff's land to Defendant's land. Defendant Ramirez filed an answer on September 14, 2020. On August 3, 202...
2022.10.31 Motion to Compel Arbitration 925
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.10.31
Excerpt: ...ossesses independently, and the Non‐Individual claim that can be brought in a representative action, and held that when an employee signs an arbitration claim, his individual claim subject to the agreement. Thus, the sole issue before this court is whether the instant Plaintiff signed an arbitration agreement that covered his Individual Claim. The evidence before this Court is that Defendant has a policy of requiring employees to sign arbitrati...
2022.10.28 Motions to Dismiss and Joinders Thereto 203
Location: Merced
Judge: Ash, Carol
Hearing Date: 2022.10.28
Excerpt: ...ing party argues would render the operable complaint in this action moot. Some of the motions also argue that their contention that Plaintiff has not prosecuted the case aggressively enough support dismissal at this juncture. Nine Districts filed joinders to the motion. Six Districts have filed independent motions, and several Defendants have filed something called a Statement of Support. The motions were initially set for hearing October 6, 2022...
2022.10.20 Motion to Compel Further Responses, for Monetary Sanctions 050
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.10.20
Excerpt: ... counsel for Defendant Trinidad pursuant to CCP § 2031.320(b) and 2023.030(f)(i) is GRANTED. Defendant Trinidad's objections to the following Requests for Admission are OVERRULED and Defendant Trinidad is ordered, by November 18, 2022, to serve verified supplemental responses, without objections that unambiguously admit or deny the following Requests for Admission: Request 30, 32, 36, 42, 43, 44, 45, 46, and 47. Counsel for Defendant Trinidad sh...
2022.10.19 Motion for Summary Judgment 054
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.10.19
Excerpt: ...age in Interactive Process pursuant to Government Code § 12940, Fourth Cause of Action for Failure to Accommodate Disaiblity pursuant to Government Code § 12940, and Fifth Cause of Action for Retaliation pursuant to Government Code § 12940 are without merit is GRANTED. Each of the Five Motions for Summary Adjudication are based on the same, identical, 54 Undisputed Facts, i.e. Undisputed Facts 1‐54 with regard to the Motion for Summary Adjud...
2022.10.18 Motion to Enforce Settlement Agreement, for Monetary Sanctions 333
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.10.18
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 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....
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...
2022.05.19 Motion to Compel Further Responses 035
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.19
Excerpt: ...ubstantive responses. In the current motion Plaintiff seeks to compel further responses to Special Interrogatories 2, 8, 10, 17, 18, 19, 24, 27, 36, 47, 50, and 53. Since Defendant Viking Ventures LLC and Defendant Dollar Tree Stores, Inc. are represented by the same counsel, they filed a joint opposition to this motion and the separate motion brought against Defendant Dollar Tree Stores, Inc. below. This court finds that the supplemental respons...
2022.05.19 Motion for Protective Order, to File Confidential Records Under Seal 035
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.19
Excerpt: ...gs ended on May 2, 2022, and the public has been granted ongoing access to the courthouse, without masks, though individuals preferring to wear masks are permitted to do so. The fact that Plaintiff resides with elders who are especially susceptible to potential COVID19 variations, does not preclude an in‐person deposition providing that reasonable protocols are observed. Plaintiff David Chavez has agreed to serve as a Representative Plaintiff a...
2022.05.16 Demurrer to SAC 618
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.16
Excerpt: ...speak on behalf of each corporation, (3) the person or persons to whom each misrepresentations was made, (4) what the individuals who made the misrepresentations said or wrote, and (5) when each misrepresentation was said or written. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; Tarmann v. State Farm Mut. Auto Ins. Co. (1991) 2 Cal.4th 153, 157; Perlas v. GMAC Mortg. LLC (2010) 187 Cal.App.4th 429, 434.); and (B) leave to amend to plead th...
2022.05.12 Special Motion to Strike 476
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.12
Excerpt: ... on the real property located at 2521 Burgundy Drive, Livingston. (See Cross‐Complaint ¶ 8, ¶ 11.) On April 8, 2022, Plaintiffs and Cross‐Defendants Parkash Pabla and Jaswinder Kaur filed the instant Special Motion to Strike Cross‐ Complaint of ECP LP Pursuant to CCP § 425.16 (Anti‐Slapp). Courts employ a two‐prong inquiry to determine if a Cross‐Complaint is subject to a Cross‐Defendant's special motion to strike: In the First P...
2022.05.11 Demurrer 576
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.11
Excerpt: ...hich are defined to include Defendant Stonefield Homes, Inc. Plaintiffs Demurrer attacks fifteen of the affirmative defenses contained in the Answer filed by Defendant Stonefield Home, Inc. in its Answer to Complaint filed March 23, 2022, specifically, Plaintiffs demur to (1) the Third Affirmative Defense [Assumption of Risk], (2) the Fourth Affirmative Defense [Non‐economic Damages],(3) the First Sixth Affirmative Defense [Failure to State a C...
2022.05.04 Motion to Modify Court Order 246
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.05.04
Excerpt: ...21, Plaintiffs Yogesh Chander Gandotra and Kusman Gandotra, individually and as Trustees of the Gandortra Trust, dated August 7, 2017, Shaan Shannon Stores, Inc, DBA Shannon's Mini Mart and Shaan Gandotra (collectively “Plaintiffs”) filed a new case, 21CV‐01491, containing Points and Authorities in Support of Order to Show Cause re Contempt and Declarations by Bruce J. Henricks and Shaan Gandotra in support of Contempt. Accordingly, on May ...
2022.04.28 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 888
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.28
Excerpt: ...l Interrogatories and Request for Monetary Sanctions of $1,680 against Plaintiff and her counsel pursuant to CCP § 2030.290 is GRANTED IN PART AND DENIED IN PART. While the Special Interrogatories at issue were titled “Requests for Admission” on Page 3 of the Special Interrogatories attached as Exhibit A to the Declaration of Adam F. Summerfield filed March 22, 2022, the discovery propounded unmistakably constitute special interrogatories to...
2022.04.21 Petition to Confirm Arbitration Award 643
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.21
Excerpt: ...t prevails in this Arbitration, it should be accorded attorney's fees and costs as a prevailing party and /or pursuant to Section 1780(6) of the CLRA. Western Motors also appealed to the Arbitrator's discretion under the Rules to award fees in circumstances like these where a Claimant may have failed diligently to investigate claims before pursuing them. [¶] In this matter, the Arbitrator does not consider Respondent's entitlement to fees or cos...
2022.04.20 Demurrer 076
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.20
Excerpt: ...earing in Orange County Superior Court. Although Defendant Avalon Care Center‐Merced HY‐Lond, LLC dba Hy‐ Lond Health Care Center‐Merced filed a proof of service by email or electronic transmission showing service of the motion and request for judicial notice on March 15, 2022, the opposition filed by Plaintiff on April 18, 2022 asserts that the papers were not received until Friday, December 17, 2021, a date prior to the filing of the mo...
2022.04.20 Demurrer 018
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.20
Excerpt: ...elations, Lilia Garcia Brower, and the Division of Labor Standards Enforcement to the First Cause of Action For Declaratory Relief Pursuant to Code of Civil Procedure § 1060 and Writ of Mandate and Injunctive Relief Pursuant to Code of Civil Procedure § 1085 asserting that Respondents have no authority to apply overtime to sheepherders; to the Second Cause of Action for Declaratory Relief pursuant to Government Code § 11350 and Code of Civil P...
2022.04.15 Demurrer to Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief 018
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.15
Excerpt: ...elations, Lilia Garcia Brower, and the Division of Labor Standards Enforcement to the First Cause of Action For Declaratory Relief Pursuant to Code of Civil Procedure § 1060 and Writ of Mandate and Injunctive Relief Pursuant to Code of Civil Procedure § 1085 asserting that Respondents have no authority to apply overtime to sheepherders; to the Second Cause of Action for Declaratory Relief pursuant to Government Code § 11350 and Code of Civil P...
2022.04.14 Demurrer to FAC 303
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.14
Excerpt: ...pear. 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 hearing must contact the clerk of the court at (209) 725‐ 4240 to provide t...
2022.04.13 Motion for Summary Judgment 453
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.13
Excerpt: ...ed or contributed to Kenneth Derry's unfortunate death. The motion is supported by Undisputed Facts 1‐27 which in turn are supported by admissible evidence in the form of the expert declaration of Garret Smith M.D. and the records on which his expert opinions are based which establish a prima facie case that Defendant Pacheco is entitled to judgment as a matter of law. This shifts the burden to Plaintiff to establish a triable issue of material...
2022.04.08 Motion for Summary Judgment 458
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.08
Excerpt: ...ne referred to in her complaint, (3) The incident involving the gizzard processing machine referred to in her complaint was the result of Plaintiff's own negligence, and (4) Plaintiff suffered no damages as a result of the incident involving the gizzard processing machine referred to in the complaint. Accordingly, Defendant Marel, Inc. has established a prima facie case that Defendant Marel, Inc. is entitled to judgment as a matter of law. This s...
2022.04.07 Demurrer 712
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.07
Excerpt: ...nterest in all water related to the 4‐S property when it acquired such property through foreclosure. On September 29, 2021, Defendant 4‐ S Ranch Partners, LLC filed a Cross‐Complaint naming only Plaintiffs as Cross‐Defendants and on January 4, 2022, Defendant 4‐S Ranch Partners LLC filed an Amended Cross‐Complaint against Plaintiffs and new Cross‐Defendant WT Capital Lender Services. The Amended Cross‐Complaint alleges a first cau...
2022.04.07 Motion for Reconsideration 985
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.07
Excerpt: ...ant to CCP § 1008, a Motion for Reconsideration of the February 22, 2022 Order 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, and, therefore, Defendants' mot...
2022.04.06 Motion for Preliminary Approval of PAGA Action Settlement 289
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.04.06
Excerpt: ... 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 hearing m...
2022.03.17 Motion to Compel Further Responses 288
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2022.03.17
Excerpt: ...Plaintiff to Defendant Citibank, N.A. is sought in connection with the Second Amended Complaint's Fifth Cause of Action for Negligence against Defendant Citibank, N.A., and Sixth Cause of Action for Conversion against Defendant Citibank N.A., brought in connection with alleged actions by Plaintiff that Defendant Citibank N.A. failed to comply with its own internal procedures in connection with an alleged embezzlement by Defendant Chima. Defendant...
2022.03.07 Motion to Compel Further Responses 288
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.03.07
Excerpt: ...ith alleged actions by Plaintiff that Defendant Citibank N.A. failed to comply with its own internal procedures in connection with an alleged embezzlement by Defendant Chima. Defendant Citibank N.A. has filed an answer containing a general denial and eleven affirmative defenses and a CrossComplaint for Equitable Indemnity and Declaratory Relief against Defendant Chima. A Stipulated Protective Order was issued by the Court on March 15, 2021. The s...
2022.03.07 Demurrer 476
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.03.07
Excerpt: ...Amended Complaint's First Cause of Action for Fraud and Disparagement of Title, Third Cause of Action for Wrongful Foreclosure, Fourth Cause of Action for Elder Abuse, and Seventh Cause of Action for Intentional Infliction of Emotional Distress is SUSTAINED WITHOUT LEAVE TO AMEND. The Demurrer to the Fifth Cause of Action to Set Aside Trustee Sale and Sixth Cause of Action to Quiet Title is OVERRULED. While there is no dispute that Defendant ECP ...
2022.02.24 Motion to Compel Further Responses 252
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.02.24
Excerpt: ... to CCP § 2023.030(a). On December 9, 2021, the continued this matter on the Court's own motion to Thursday, February 24, 2022, at 8:15 a.m. in Courtroom 8 and issued the following tentative ruling: “On the one hand, much of the discovery propounded appears excessive and unnecessary given the issues in this case. On the other hand, Plaintiff's responses are replete with broad generalizations rather than the articulation of specific facts, date...
2022.02.18 Motion for Summary Judgment 878
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.02.18
Excerpt: ...ion in Violation of Public Policy, and (8) Interference with Cal Family Rights Act. The Court notes that a Request for Dismissal of the Eighth Cause of Action only without prejudice was filed on January 11, 2020, and entered by the court on that day. The instant motion for summary judgment/summary adjudication asserts that: (1) Plaintiff did not timely exhaust administrative remedy for discrimination claim; (2) Plaintiff did not timely exhaust ad...
2022.02.14 Motion for Summary Judgment 985
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2022.02.14
Excerpt: ...sure why this one credit card is in court. We have had no contact with Plaintiff regarding a lawsuit. We wish this credit card to be part of our debt consolidation with Americor which is currently in negotiation to settle.” Plaintiff's Motion for Summary Judgment is supported by a Separate Statement of Undisputed Fact wherein Undisputed Facts 1‐9 cite admissible evidence establishing a prima facie case that Plaintiff is entitled to judgment a...
2022.02.02 Motion to Compel Further Responses 064
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.02.02
Excerpt: ... disputing the agreement's coverage of the claim involved in the action, but not as to the nature and substance of that dispute.” Since the instant requests for admission seek information about the nature and substance of a potential coverage dispute and the instant form interrogatory 17.1 would seek all facts, identification of all witnesses, and all documents relating to the substance and nature of a potential coverage dispute, the requests a...
2022.02.02 Motion for Summary Judgment, Adjudication 364
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2022.02.02
Excerpt: ... to state a claim, (2) statute of limitations, (3) estoppel, (4) laches, (5) unclean hands, and (6) statute of frauds). The Plaintiff brings a motion for summary judgment, and the Defendant brings a cross‐motion to compel arbitration to be heard concurrently. There is not separate statement of undisputed fact filed in opposition to the motion for summary judgment, no evidence establishing any triable issue of fact, and the sole grounds for oppo...
2022.01.31 Motion for Summary Judgment 018
Location: Merced
Judge: Jamieson, Stephanie
Hearing Date: 2022.01.31
Excerpt: ...upported by admissible evidence establishing facts 1‐18 which in turn establishes a prima facie that Plaintiff is entitled to judgment in the amount of $8,827.62 as a matter of law for the for “Open Book Account” and for “Account Stated” claims. 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...
2022.01.28 Demurrer 127
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.01.28
Excerpt: ...claims against them, that, given the nature of this coordinated action, it is not feasible at this time to determine the extent to which Plaintiff may or may not have exhausted administrative remedies. This Court finds that the Verified Reverse Validation Complaint filed March 16, 2020 is timely filed. Finally, this Court. Plaintiff's objection to some of the demurrers on the grounds that they are procedurally defective is also OVERRULED and this...
2022.01.28 Demurrer 691
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.01.28
Excerpt: ...ractors GSA to Plaintiff's Complaint The Demurrer to the Verified Reverse Validation Complaint filed March 16, 2020 by Defendant San Joaquin River Exchange Contractors GSA to which Defendant City of Gustine GSA, Defendant City of Firebaugh GSA, Defendant City of Fresno GSA for DeltaMendota Subbasin Management Area B, Defendant Merced County Delta‐Mendota GSA, Defendant City of Los Banos GSA, Defendant City of Mendota GSA, Defendant City of Newm...
2022.01.21 Demurrer, to Stay Proceedings 691
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.01.21
Excerpt: ...ractors GSA to Plaintiff's Complaint The Demurrer to the Verified Reverse Validation Complaint filed March 16, 2020 by Defendant San Joaquin River Exchange Contractors GSA to which Defendant City of Gustine GSA, Defendant City of Firebaugh GSA, Defendant City of Fresno GSA for DeltaMendota Subbasin Management Area B, Defendant Merced County Delta‐Mendota GSA, Defendant City of Los Banos GSA, Defendant City of Mendota GSA, Defendant City of Newm...
2022.01.21 Demurrer 127
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.01.21
Excerpt: ...claims against them, that, given the nature of this coordinated action, it is not feasible at this time to determine the extent to which Plaintiff may or may not have exhausted administrative remedies. This Court finds that the Verified Reverse Validation Complaint filed March 16, 2020 is timely filed. Finally, this Court. Plaintiff's objection to some of the demurrers on the grounds that they are procedurally defective is also OVERRULED and this...
2022.01.13 Demurrer, Motion to Strike 873
Location: Merced
Judge: Donabed, Monika
Hearing Date: 2022.01.13
Excerpt: ...al of the residential real property from the rental market”), the Court finds the language used in the notice (“Owner intends to withdraw the Premises from the rental market”) is substantially similar and sufficient to constitute a cause of action for no‐fault just cause eviction under the Tenant Protection Act of 2019. The Court notes that whether the alleged reason for termination of tenancy is true is an issue of fact for trial. Defend...
2022.01.12 Motion for Enforcement of Settlement 535
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2022.01.12
Excerpt: ... account of all actions taken by Steven Margaretic with regard to assets in which Mt. Buillion Properties, LLC has or has ever had an interest that were within the possession or control of Defendant Steven Margaretic during the period March 1, 2019 to present, along with copies of all documents supporting the transactions addressed in the account. Defendant Steven Margaretic is a ficuciary and all fiduciaries have a duty to account. Paragraph 52 ...
2022.01.11 Motion to Tax Costs 438
Location: Merced
Judge: Moranda, David
Hearing Date: 2022.01.11
Excerpt: ...nstant motion to tax costs asserting that the memorandum of costs did not differentiate between costs incurred in connection with Plaintiff Michael P. Rose and costs incurred in connection with Plaintiff Monica Rose Berry, especially $6,921.79 relating to the production of the medical records of Plaintiff Monica Rose Berry. Defendants' opposition notes that Plaintiff Michael P. Rose was the only person injured in the subject auto accident, and th...
2022.01.06 Demurrer, Motion to Strike 806
Location: Merced
Judge: Donabed, Monika
Hearing Date: 2022.01.06
Excerpt: ...tice. (Nicolaysen v. Pacific Home (1944) 65 Cal.App.2d 769, 773.) There is no cause of action until after the tenancy has been terminated. (See Bauer v. Neuzil (1944) 66 Cal.App.2d Supp. 1020, 1029.) In this case, the 60‐day notice to quit was served on defendants on or 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 t...
2021.12.20 Motion for Summary Judgment 267
Location: Merced
Judge: Bacciarini, Mark V
Hearing Date: 2021.12.20
Excerpt: ... admissible evidence creating a triable issue of material fact. Plaintiffs fails to do so. The declarations of Michael German and Kathleen Frazier submitted by Defendant Athenahealth, Inc. provide credible admissible evidence that athenaNet complies with both California Health and Safety Code § 123149(b) and California Civl Code § 56.101 in that it “keeps a record of, or audits every instance of user activity in the application” and that ...
2021.12.15 Motion to Dismiss or Abate Action 515
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.12.15
Excerpt: ...including a claim for injury arising from the same slip and fall in the Los Banos restaurant. The employer defendant in the Tulare County action is alleged to have filed a clam for equitable indenminty against the defendant in the instant action. While the personal injury portion of the Tulare County action arises from the same incident as the instant personal case, the basis for liability is The following tentative rulings shall become the rulin...
2021.12.09 Motion to Compel Further Responses 252
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.12.09
Excerpt: ... to CCP § 2023.030(a). This matter is continued on the Court's own motion to Thursday, February 24, 2022 at 8:15 a.m. in Courtroom 8. On the one hand, much of the discovery propounded appears excessive and unnecessary given the issues in this case. On the other hand, Plaintiff's responses are replete with broad generalizations rather than the articulation of specific facts, dates, times, and the identification of the specific individuals involve...
2021.12.03 Motion to Quash Service of Summons 222
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.12.03
Excerpt: ...ains the following allegation: “Cross‐Complainant is informed and believes, and thereon alleges that Cross‐Defendant ALTENERGY POWER SYSTEMS, USA, INC. dba 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...
2021.12.02 Demurrer, Motion to Strike 476
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.12.02
Excerpt: ...d. (See e.g. Wright v. Rogers (1959) 172 Cal.App.2d 349, 365‐366.) The instant demurrer is brought by Defendant Dual Arch International, Inc., which is alleged to be “engaged in the business of title insurance, banking services, including foreclosure, and acting as trustee for banks, mortgage holders and lien holders (Second Amended Complaint ¶ 3), that Defendants Gurjit, Gursharan, and Tajender allegedly substituted as trustee under the all...
2021.12.01 Demurrer 773
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.12.01
Excerpt: ...ond Amended Complaint's First, Second, Third, Fourth, and Fifth Causes of Action for uncertainty is GRANTED. The demurrers to such causes of action on other grounds are OVERRULED AS MOOT. The Complaint fails to state the precise legal grounds (e.g. privity, assignment, third party beneficiary, novation, estoppel) that Plaintiff, West Creek Builders LLC, asserts as entitling it to enforce each of the contracts alleged in the Second Amended Complai...
2021.11.15 Application to Prevent Forfeiture Due to COVID-19 Rental Debt 078
Location: Merced
Judge: MacLaren, Peter
Hearing Date: 2021.11.15
Excerpt: ... Notice to pay rent for the period October 1, 2020 to August 31, 2021 or quit. At the time the Unlawful Detainer Complaint was filed, Plaintiff filed a UD‐101 Coversheet indicating that Plaintiff has not received rental assistance, does not have a rental assistance application pending. Plaintiff does not appear to have complied with CCP § 1179.11(c) by providing a sworn statement that rental assistance was denied or 20 days have passed since r...
2021.11.10 Motion for Attorney Fees 210
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.11.10
Excerpt: ...(118.1 hours times $275=$32,477.50) plus costs of $5,113.02, for a total award of $37,590.52 fees and costs, and denies the motion to the extent a greater amount was requested. First, this Court's reasonable fee analysis begins with the fact the $32.477.50 of attorney's fees awarded above is more than double the amount Plaintiff's counsel would have received as a contingent fee if this matter had been litigated to a judgment of $30,000, the amoun...
2021.11.10 Demurrer 695
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.11.10
Excerpt: ...Third, Fourth, Fifth, and Sixth Causes of Action fail to state a cause of action and are uncertain is OVERRULED. Plaintiffs have standing and have substantially complied with CCP § 377.32. Each cause of action is not uncertain and states sufficient facts, which are assumed to be true, to establish the causes of action alleged. Motion to Strike (1) the claim for injunctive relief, (2) general damages, (3) attorney's fees and costs, (4) punitive d...
2021.11.01 Motion to Disqualify Counsel 886
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.11.01
Excerpt: ...ve 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. To limit the spread of the COVID‐19 virus, the court ...
2021.10.28 Demurrer 476
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2021.10.28
Excerpt: ... constituted outrageous conduct. Assuming that premise to be true, Defendant ECP LP is not alleged to be a party responsible for the wrongful foreclosure, but is alleged to be the purchaser of the property at the foreclosure sale. Thus, as alleged, the facts stated in the Second Amended Complaint do not allege outrageous conduct by Defendant ECP LP and therefore fail to state a cause of action for intentional infliction of emotional distress agai...
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 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...
2021.08.26 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...
2021.08.20 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...

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