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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...

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