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413 Results

Location: Merced x
2019.8.28 Motion for Attorney Fees 819
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.8.28
Excerpt: ...d finalization of representation; fees and costs as indicated on the Memorandum of Costs; and the amount of the appraisal and the appraiser to appear for the trial. The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party/counsel as required by law and the California Rules of Cour...
2019.8.28 Motion to Compel Oral Deposition and Sanctions 939
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.8.28
Excerpt: ...less the parties agree to a later date. Counsel shall meet and confer regarding available dates for the depositions. If counsel cannot resolve deposition scheduling issues after a good faith attempt to resolve informally without court intervention, the Court will entertain a motion on shortened time for a protective order regarding scheduling as well as for monetary sanctions. It is further noted that Plaintiff's counsel is currently not in conta...
2019.8.22 Motion to Set Aside Default, Judgment 813
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.8.22
Excerpt: ...surprise because Mr. Wright was in discussions to purchase the property with a third party that is not a party to the action. The court finds the assertion that Plaintiffs participated in fraudulent negotiations to lack sufficient basis to grant the motion. The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide not...
2019.8.20 Motion to Compel Physical and Mental Exams 792
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.8.20
Excerpt: ...xamination of a party to the action where the physical or mental condition of that party is at issue. Various subdivisions describe the terms on which ‘a' physical or mental examination ‘conducted under this section' is to be carried out, but no language specifically limits the number of examinations to only one. Such a limit cannot be implied from the use of the nonrestrictive singular article ‘a.' In fact, the statutory language clearly c...
2019.7.26 Demurrer 625
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.7.26
Excerpt: ... adequately addressed the “opposition” in their reply, so the Court will consider the Plaintiff's late “opposition”. The Court notes that even where a demurrer is sustained for failure to state facts sufficient to constitute a cause of action, leave to amend the complaint is routinely granted. Courts are very liberal in permitting amendments, not only where a complaint is defective in form, but also where substantive defects are apparent:...
2019.7.15 Motion to Vacate Renewal of Judgment 614
Location: Merced
Judge: Foster, David A
Hearing Date: 2019.7.15
Excerpt: ...han the sixteen court days plus five calendar days required by Code of Civil Procedure section 1005, subdivision (b)), plaintiff implicitly waived defective notice by filing an opposition brief addressing the merits of the motion. The Court concludes defendant has not met his burden of proving a defense to the underlying judgment that would support vacating the renewal of judgment. (Code Civ. Proc., § 683.170, subd. (a).) A judgment debtor may c...
2019.7.15 Motion to Compel Discovery Responses 763
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.7.15
Excerpt: ...and special interrogatories served on February 22, 2019, is GRANTED. The Court notes that while plaintiffs' counsel has inexplicably filed some responses to the discovery with the court in lieu of opposition (see Code Civ. Proc., §§ 2030.280(a) and 2031.290(a)), in reply defendant's counsel has declared under penalty of perjury that plaintiffs' discovery responses have not been provided to her. Additionally, the one set of discovery responses d...
2019.7.15 Application to Prepare Settled Statement 653
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2019.7.15
Excerpt: ...propriate where there exists a readily available reporter's transcript of the proceedings on which defendant's appeal is taken. To the extent defendant's application seeks court approval to prepare a settled statement as to court proceedings occurring in 1984, 1986, and 2008, the time to appeal the final judgment following those proceedings expired long ago and defendant's application is therefore denied. The prevailing party is directed to prepa...
2019.7.11 Motion for Leave to File Amended Complaint 731
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.7.11
Excerpt: ...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. Note: Notifying CourtCall of your ...
2019.7.8 Motion to Vacate Renewal of Judgment 614
Location: Merced
Judge: Foster, David A
Hearing Date: 2019.7.8
Excerpt: ...st 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. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the court. for service by mail (i.e., less than the sixteen court days plus five calendar days required by Code of Civil Procedure section 1005, subdivision ...
2019.7.3 Motion for Summary Judgment, Adjudication 487
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.7.3
Excerpt: ...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. Note: Notifying Court Call of your intent to app...
2019.7.2 Motion to Compel Further Responses, Request for Monetary Sanctions 211
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2019.7.2
Excerpt: ...29, 31, 32, 33, 50, 51, 52, and 55 as well as Special Interrogatories, Set One, Nos. 18‐29. The Court notes that Petitioner has already provided a supplemental response to Request for Admission, Set One, No. 73 and the corresponding Form Interrogatory, Set One, No. 17.1. Petitioner's exercise of her right to privacy must give way in the face of the Court's duty to ascertain the truth of the allegations made in the contest here. As noted by the ...
2019.6.26 Motions to Quash Service of Summons 312
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.6.26
Excerpt: ...stantively deficient. Service of both motions was made via electronic means on May 24, 2019, and June 6, 2019, respectively. In order for service by electronic means to be proper, the parties must expressly consent to accept service of process in that fashion. See California Rules of Court, rule 2.251. The motions are also procedurally deficient in that they appear to be made on behalf of a corporation – Defendant Coast Xpress, Inc. – by a pe...
2019.6.24 Motion for Judgment on the Pleadings 731
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.6.24
Excerpt: ...are a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party as required by law and the California Rules of Court. The order is to be submitted by electronic filing to Hon. Brian L. McCabe. Cross‐ Defendants' Motion to Compel Cross‐Complainants to Provide Further Responses to Discovery Cross‐ Defendants' Motion to Com...
2019.6.14 Motion to Compel Further Responses 442
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.6.14
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. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the court. Plaintiff's request for information as set forth in Form Interr...
2019.6.6 Demurrer 468
Location: Merced
Judge: Foster, David A
Hearing Date: 2019.6.6
Excerpt: ...09) 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. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the court. contract, (2) plaintiff's performance or excuse for nonperformance, (3) ...
2019.6.5 Demurrer, Motion to Strike 319
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.6.5
Excerpt: ...egligent infliction of emotional distress under either the “bystander” or “direct” theory set forth in legal precedent. (See Dillon v. Legg (1968) 68 Cal.2d 728 and Thing v. La Chusa (1989) 48 Cal.3d 644 with regard to the “bystander” theory and Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916 with regard to the “direct” theory.) In opposition, Plaintiffs have failed to provide any additional facts they might allege whic...
2019.5.31 Motion for Summary Judgment 549
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.5.31
Excerpt: ... 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. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the court. Defendants' meet their burden of setting forth allegedly undisputed material facts (UMFs) which, if actually undisputed, would support both summary judgment, and summary adjudication of the two...
2019.5.30 Motion to Set Aside and Vacate Default Judgment 438
Location: Merced
Judge: Foster, David A
Hearing Date: 2019.5.30
Excerpt: ...y response because he did not receive a copy of the summons and complaint until May 22, 2019. However, plaintiff filed a proof of service executed by a registered process server stating under penalty of perjury that on April 15, 2019 he served a copy of the summons and complaint on defendant at his residence by substituted service followed by mailing an additional copy of the summons and complaint to defendant. Filing a proof of service from a re...
2019.5.30 Motion to Quash Subpoenas 731
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.5.30
Excerpt: ...attacking a witness' credibility, it may be shown that he or she has been convicted of a felony. Evidence Code section 788. Assuming the Court decides evidence of Cross‐Complainant's prior felony conviction may be admitted, Section 788 authorizes only two methods of proof of a conviction for impeachment purposes: the first is the “examination” of the witness, and the case law has developed limitations on the method of inquiry. The witness m...
2019.5.29 Motion to Compel Deposition of PMK 877
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.5.29
Excerpt: ...e Court recognizes this is not the vehicle “at issue” in the Plaintiff's complaint, it does appear that information related to the 2013 Lincoln MKZ Hybrid may be relevant to the ultimate determination of Plaintiff's damages (if any) in this action. Therefore Plaintiff's motion to compel with regard to Category 2 is GRANTED. However, Plaintiff does not demonstrate “good cause” to compel Defendant's responses to Category 4 – regarding com...
2019.5.29 Motion for Summary Judgment 460
Location: Merced
Judge: Shaver, Donald
Hearing Date: 2019.5.29
Excerpt: ... of Issues) as well as Issue 10 (Plaintiff cannot recover punitive damages) and DENIES summary adjudication of the other Issues (2‐9) set forth in the Defendant's notice, including that the Plaintiff's claim of retaliation brought under Health and Safety Code Section 1278.5 is barred, as follows. With regard to Defendant's motion for summary adjudication of Plaintiff's causes of action for retaliation, disability discrimination, failure to enga...
2019.5.23 Motion for Consolidation of Actions 423
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.5.23
Excerpt: ...ding but not limited to the following: (1) Mattey Tucker is a necessary party in Michael Matthew Tucker, et. al. v. Thomas Anderson, et al., Merced County Superior Court Case No. 17CV‐01423, (2) the parties have stipulated to the consolidation, (3) the cases involve the same parties and are based on the same or similar claims; (4) the cases arise from the same or substantially The following tentative rulings shall become the ruling of the court...
2019.5.8 Motion to Disqualify Attorney 569
Location: Merced
Judge: Hansen, Ronald
Hearing Date: 2019.5.8
Excerpt: ...onths, Selig's conflict of interest is imputed to the entire Brunn firm, unless Brunn can show compliance with Rule 1.10(a)(2) of the California Rules of Professional Conduct, namely timely screening and written notice to the former client. Brunn fails to provide any details of the screening procedures used. Also, no written notice was given to the former client. Brunn argues that once Selig left the firm on April 11, 2019, Selig's imputed confli...
2019.5.6 Motion for Terminating Sanctions 385
Location: Merced
Judge: Foster, David A
Hearing Date: 2019.5.6
Excerpt: .... By failing to file a written opposition, defendant has not provided any explanation for his willful failure to comply with the order to provide discovery and therefore the Court concludes it is unlikely a lesser sanction would be effective. In accordance with Code of Civil Procedure section 2023.030, subdivisions (d)(1), defendant's answer is stricken. The moving party is directed to prepare a written order consistent with the Court's ruling fo...

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