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413 Results

Location: Merced x
2023.08.08 Demurrer to FAC 477
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.08.08
Excerpt: ... the First Amended Complaint asserting (1) Another Acton is pending between the parties upon the same issue, Case 23CV-00573; (2) Plaintiff Markie does not have standing or legal capacity to sue; (3) The Entre Acton is uncertain; and (4) The Entre Acton fails to establish a claim for permeant injunction. While the Demurrer was pending, counsel for Plaintiff Betty Henderson substituted in and filed an opposition to the Demurrer. While the Demurrer...
2023.08.01 Motion to Quash Subpoena for Production of Business Records 582
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.08.01
Excerpt: ...e Defense raised in the Joint Answer filed by Defendants Golden State Realty Association, Inc. and Mohammad Jawad filed January 25, 2023 stating: "As a fourteenth and separate affirmative defense, these answering defendants allege that complainants' injuries and damages, if any, were caused by the negligence and wrongful conduct of third parties not associated with or under the control of these answering defendants, and complainants' recovery, an...
2023.08.01 Demurrer to TAC 896
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.08.01
Excerpt: ... provides: "Plaintiff's demeanor exchanged [sic], she became withdrawn, depressed, and sad. On one occasion Plaintiff attempted to inform a teacher regarding the abuse. The teacher informed Plaintiff's Foster Home 2 and foster mother assaulted Plaintiff with a chair." (Third Amended Complaint 34.) The intent of the Legislature in creating Statutory Discretionary Immunity pursuant to Government Code SS 815.2(b) and 820.2 would be thwarted if Discr...
2023.07.28 Motion to Enforce Liability on Undertaking 462
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.07.28
Excerpt: ...ment of the judgment pending appeal, an Undertaking by Personal Sureties in the amount of $2.1 Million must have been, and was, posted and that such undertaking rendered the Personal Sureties jointly and severally liable for the judgment in the event that the appeal was affirmed, and Defendant failed to pay the judgment. In fact, the Undertaking by Personal Sureties filed February 14, 2020, specifically stated, in pertinent part: " . the sureties...
2023.07.19 Motion for Restitution 465
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.07.19
Excerpt: ...endant now brings a Motion for Restitution against Plaintiff ECP pursuant The following tentative rulings shall become the ruling of the court unless a party gives notce 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 a...
2023.07.18 Motion to Compel Further Responses, for Monetary Sanctions 035
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.07.18
Excerpt: ...f Requests for Production of Documents and First Set of Special Interrogatories and Request for Monetary Sanctions in the amount of $15,550 pursuant to Code of Civil Procedure SS 2023.010, 2023.030, 2023.050, 2030.290, 2030.300, and 2031.90, 2031.300, 3031.31001), and 2031.320(b) is GRANTED IN PART AND DENIED IN PART. Request for Production of Documents No. 5 [lists identifying persons who managed or supervised aggrieved employees including Plain...
2023.07.17 Motions in Limine 641
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.07.17
Excerpt: ...Defendant's moton in limine to exclude case specific hearsay is GRANTED. Case specific hearsay is excluded absent a foundation for both authenticity and business records or other hearsay exception. 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) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parti...
2023.07.13 Motion to Compel Deposition of PMQ 729
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.07.13
Excerpt: ...the categories for requested persons most knowledgeable declaration are not reasonably calculated to lead to the discovery of information relevant to the subject matter of this litigation. Defendant's objections to producing a person most knowledgeable concerning its internal investigation of defects alleged in the complaint, Defendant's Third Party Dispute Resolution Program, Defendant's Policies and Procedures for evaluating and/or investigatin...
2023.07.07 OSC Re Modification of Preliminary Injunction 605
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.07.07
Excerpt: ...rseded and became moot when the parties entered into a Stpulation and Order signed by this Court on April 25, 2022, which, by its express terms, dissolved the preliminary injunction. Accordingly, the Order to Show Cause re: Modification of Preliminary Injunction is DROPPED FROM THE CALENDAR AS MOOT. 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 ...
2023.06.28 Motion to Disqualify Counsel 119
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.06.28
Excerpt: ...roup, from its representation of Plaintiff on the grounds that an attorney currently employed by [hwntown LA. Law Group, Anthony Werbin, previously acted as trial counsel for Defendant Costco Wholesale Corporation and represented Defendant Costco in premises liability matters similar to the instant case is GRANTED. This Court finds that the weight of admissible evidence establishes that Downtown LA. Law Group has failed to provide adequate steps ...
2023.06.22 Motion for Enforcement of Judgment 300
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.06.22
Excerpt: ...y 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 notce 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. Parties who contest the tentative ruling or wish to appear remotely at a hearing must contact the clerk of the court at...
2023.06.16 Motion for Summary Judgment 218
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.06.16
Excerpt: ...nt's evidence and undisputed Facts 1-20 establish a prima facie case that the moving Defendants are entitled to Judgement as a matter of law. Plaintiff's opposition The following tentative rulings shall become the ruling of the court unless a party gives notice of intenton 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...
2023.06.08 Demurrer to FAC 537
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.06.08
Excerpt: ...of achon alleged in the demurrer, there is no First Amended Complaint on file with this Court and no Demurrer filed with respect to the original complaint. This Court will therefore treat the instant demurrer as attacking the original complaint on the assumption that the language concerning First Amended Complaint was made in error. Defendant's Demurrer to the First Cause of Action for Disability Discrimination under FEHA, the Second Cause of Act...
2023.06.08 Demurrer 951
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.06.08
Excerpt: ...ent contained in Plaintiffs' First Amended Complaint on the grounds that Plaintiffs fail to allege the elements of a cause of action and that Plaintiffs fail to allege a transactional relationship giving rise to a duty to disclose is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs have failed to plead the elements of Fraudulent Inducement- Concealment against a corporate entity with the necessary specificity. (See Jones v. ConocoPhillips Co. (2011) 198...
2023.05.26 Motion to Compel Deposition, for Sanctions 978
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.05.26
Excerpt: ...to set the deposition and Plaintiff himself was ready, willing, and able to proceed with the deposition. The problem is that Plaintiff's counsel made the financial choice to not appear at the deposition and care for his ailing wife personally in lieu of hiring another attorney to cover the deposition or hiring a caregiver to care for his wife during the deposition. The amount of sanctions reflects the fact that Plaintiff's failed to appear for an...
2023.05.25 Motion to Lift Stay 925
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.05.25
Excerpt: ...ffect, any, that Piplack, et al. v. IN-N-OUT (2023) 88 Cal.App.5th 1281 has on the court's decision to dismiss Plaintiff's representative PAGA claim because Plaintiff was compelled to arbitrate Plaintiff's individual PAGA claim. Relying on Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73, 83-84 as a binding interpretation that stand-ng for a representative PAGA claim has only two elements: Plaintiff must be someone (1) who was empl...
2023.05.22 Motions in Limine 604
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.05.22
Excerpt: ...intiff's Motion in Limine #3: Exclude Evidence or Argument Concerning Plaintiff's criminal convictions. GRANTED The followng 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) 725-4111 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 intentto appear. Per California Rules of Court, rule 3.1308...
2023.05.16 Demurrer to FAA 493
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.05.16
Excerpt: ...e of the administrative remedy that must be exhausted and how these plaintiffs could possibly mitigate the damage resulting for Defendant's alleged waste of water. Defendant's affirmative defense of preemptions fails as a matter of law. Since the matters at issue involve a continuing course of conduct, the defense of statute of limitations fails as a matter of law. The affrmatve defense of standing fails as a matter The followng tentative rulings...
2023.05.08 Motions in Limine 235
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.05.08
Excerpt: ...d successfully repaired on the first attempt. 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) 725-4111 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 ...
2023.05.03 Motion for Terminating Sanctions or Issue or Evidentiary Sanctions 479
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.05.03
Excerpt: ...atories, and Requests for Production of Documents, and request for monetary sanctions, for discovery served on February 21, 2019. No Requests for Admission have been propounded. Plaintiff's counsel was suspended from the practice of law for the period September 22, 2021 through November 20, 2021. The last attempt to meet and confer with Plaintiff's counsel occurred on March 25, 2020, more than two years ago. Plaintiff's counsel attended the June ...
2023.05.02 Motion to Expunge Lis Pendens 712
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.05.02
Excerpt: ...ppeal. Second, the opposition to the motion to expunge lis pendens is inconsistent with Defendant's legal position that transfer of a fee simple interest in real property does effect a transfer of a personal property interest in water located under such real property. In the event that Defendant prevails on appeal and the transfer of fee simple interest from Defendant to Plaintiff is determined not to effect a transfer a personal property interes...
2023.04.20 Demurrer 951
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.04.20
Excerpt: ...version, the factual allegations are far too vague and general concerning the formation and terms of the alleged contract and fiduciary relationship or the specific property and circumstances of property allegedly converted to place Defendant on notice of all potential affirmative defenses that may apply and must be alleged in the answer to avoid being waived. This Court finds, that if Affrmative Defense Numbers 2-8, 10- 13, 15-16, 18-19, and 21-...
2023.04.19 Demurrer 746
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.04.19
Excerpt: ... cause of action and for uncertainty, (4) the Third Cause of Action for Fraud Failure to state a cause of action and for uncertainty, (5) the Fourth Cause of Action for Breach of Fiduciary Duty for Failure to state a cause of action and for uncertainty, (6) the Fifth Cause of Acton Cause for Conversion for Failure to state a cause of action and for uncertainty, (7) the Sixth Cause of Acton for Aiding and Abetting Conversion for Failure to state a...
2023.04.17 Motion to Dismiss Complaint 080
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2023.04.17
Excerpt: ... (2) that she did not suffer wage loss, (3) that she did not suffer loss of earnings capacity, (4) that she did not suffer medical expense, (5) that she did not suffer general damages, (6) that she was negligent at the time of the incident, (7) that Plaintiff's negligence was 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) 725-4111 to no...
2023.04.12 Motion for Summary Judgment 829
Location: Merced
Judge: Matcham, Susan
Hearing Date: 2023.04.12
Excerpt: ...iff slipped at 1:43, (5) The same customer walks through the area again and begins eating again at 1:43, (6) Plaintiff slippled and fell on grapes spilled by the customer at 1:44, (7) The location of the slip was the main action aisle of the Walmart, (8) the Walmart was located in Merced, and (9) Plaintiff filed a lawsuit containing a single cause of action against Walmart and its manager. While the sequence of events occurred over a relatively s...

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