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314 Results

Location: Merced x
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 A Demurrer to the complaint was overruled on 3‐29‐21, and a motion to compel discovery was withdrawn on 4‐26‐21 because the Defendant was no longer in possession of the property and the case would proceed as a normal civil unlimited.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 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...

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