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314 Results

Location: Merced x
2020.08.21 Petition to Modify Restraining Order 418
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.21
Excerpt: ...isting order are not being obeyed. The appropriate remedy for any violation of the existing restraining order is to report such violation to the police. If, in January of 2021, Respondent wishes to extend the terms of the restraining order, she may file an application for renewal on or before the existing order expires on February 26, 2021. Since there is no action for the court to take at this time, the Petition to Modify is DISMISSED. If there ...
2020.08.20 Motion to Compel Further Responses 333
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.20
Excerpt: ...se the plaintiff lacks mental competence allegedly as a result of a traumatic brain injury suffered as a result of the incident giving rise to this action. Consequently, the Guardian Ad Litem lacks personal knowledge of many facts that a typical competent plaintiff could testify to based on the Plaintiff's own personal knowledge. When receiving discovery requests, the Guardian Ad Litem has an obligation to conduct a diligent search and make reaso...
2020.08.19 Motion for Sanctions for Spoliation of Evidence 361
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.19
Excerpt: ...t Defendant's Motion to Quash Plaintiff's Subpoena for Business Records filed by Defendant Foster Poultry Farms. The stay appears to apply only to this court's June 29, 2020 order and not to other matters pending in this case. In this motion for sanctions by Defendant Foster Poultry Farms, to which Defendant Dan Huber joins, Defendants seek an order, pursuant to CCP § 2023.010(g) either (a) an order dismissing Plaintiff Curtis LaClaire's Second ...
2020.08.14 Motion to Compel Production of Cost of Repair Allocations 009
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.14
Excerpt: ...closes the expert who prepared the existing Defense Cost of Repair Allocation, all reports by that expert, including the subject Defense Cost of Repair Allocations must be produced. If Bernard Bros., Inc. discloses a different expert for Cost of Repair Allocations, then the subject report will remain privileged, and the new report of the designated expert will be produced in accordance with normal expert discovery rules. If Bernard Bros., Inc. do...
2020.08.14 Demurrer, Motion to Strike 412
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.14
Excerpt: ...uses of action arising out of the refusal of Merced Irrigation District to sell water to Cross‐Complainants between two lawsuits, Case 19CV‐02453 in which CrossComplainants brought a Verified Petition for Peremptory Writ of Mandate to compel the sale of water that had been allegedly denied for not being in the best interest of Merced Irrigation District, and this action, Case 19CV‐03470, in which they seek damages for the both the original ...
2020.08.07 Motion to Compel Physical Inspection, Photographing and Videotaping of Premises 557
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.07
Excerpt: ...yment contract with Apple to maintain an office in their home that meets specified requirements, but who are not reimbursed for the expense of such home office. The complaint seeks damages and reimbursement for the expenses incurred by members of the class in maintaining the home office. Thus, inspection of Plaintiff's home, and the home office within it, is reasonably calculated to lead to the discovery of admissible evidence as to the appropria...
2020.08.07 Motion for Summary Judgment 546
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.07
Excerpt: ...xist. Accordingly, there are triable issues of material fact with regard to Facts 3, 4, 5, 6 and Additional Disputed Fact F. Plaintiff's lay opinion that the floor was excessive slippery, an issue within the scope of her day to day experience, is based on her percipient observation of the floor and is admissible evidence that the floor was excessively slippery. ...
2020.08.06 Demurrer 981
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.08.06
Excerpt: ...unts terminated on the basis of their occupation without evidence that they engaged in a transaction prohibited by the terms of service. An intentional discrimination claim cannot be based on an arbitrary termination of services based on an algorithm absent allegations that such algorithm uses a protected classification as a criteria for the termination of services. Absent the allegation that a protected class criteria is applied, an algorithmic ...
2020.08.03 Motion for Terminating Sanctions 970
Location: Merced
Judge: Foster, David A
Hearing Date: 2020.08.03
Excerpt: ... entry of order is GRANTED. Plaintiff served defendant with notice of the order. It is undisputed defendant has not provided plaintiff with responses to the request for production of documents. (Solomon Decl., ¶ 3.) By failing to file written opposition, defendant has not provided any explanation for her willful failure to comply with the order to provide discovery and therefore the Court concludes it is unlikely a lesser sanction would be effec...
2020.07.27 Demurrer, Motion to Strike 470
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.07.27
Excerpt: ...ompensation is claimed as part of an alleged continuing claim. Note that if there are claims involving multiple properties, separate facts establishing a continuing claim must be alleged for each property. The motion to strike the injunctive relief claim for failure to comply with the Government Claims Act is DENIED. The motion to strike the drainage injunctive relief claim is GRANTED WITH LEAVE TO AMEND to separately allege specific facts establ...
2020.03.24 Motion to Strike 493
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.03.24
Excerpt: ... strike is GRANTED WITHOUT LEAVE TO AMEND. This will become the order of the court unless a party notifies the court that it objects to the tentative, in which case, the order of the court will be that the matter is CONTINUED TO TUESDAY MAY 26, 2020 at 8:15 a.m. in Courtroom 8. ...
2020.03.11 Motion to Intervene 342
Location: Merced
Judge: LaPorte, James
Hearing Date: 2020.03.11
Excerpt: ...urt (2017) 3 Cal.5th 531, 545.) Motion to Approve Settlement The motion by Plaintiff Sherry Bruns to approve settlement is continued to Wednesday, April 15, 2020 at 8:15 A.M. Plaintiff Bruns and Defendant Smart & Final are ordered to file, by April 3, 2020, allocation estimates allocating the $3,470,000.00 settlement to the Labor Code violations being released by the proposed settlement, i.e. the amount being paid for each type of claim being rel...
2020.02.10 Demurrer 372
Location: Merced
Judge: Foster, David A
Hearing Date: 2020.02.10
Excerpt: ... California law, parties to a commercial lease may agree to their own notice requirements for termination of the tenancy. In this case, the complaint alleges all the necessary facts to constitute a cause of action for unlawful detainer based on termination of a commercial lease. (See Code Civ. Proc., § 1166.) Defendant shall file her answer within five days of notice of entry of order. (Cal. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 47...
2020.01.27 Motion to Compel Further Responses 883
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.01.27
Excerpt: ...el further response to Requests 12‐14, 19, 28, and 32 is granted with respect to document involving driver Jeffrey Cone and otherwise denied. The motion to compel further response to Requests 48‐51 are granted with regards to documents in Responding Party's possession and control and otherwise denied. The motion to compel further response to Requests 58‐59 is denied. The motion to compel further response to Requests 60‐64, 71, 73, 79‐80...
2020.01.24 Demurrers 724
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2020.01.24
Excerpt: ... discovery, but not to extrinsic evidence of facts in declarations filed by adverse parties contradicting the pleading. (See Del e. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604‐605.) Since the allegations of the First Amended complaint's ¶ 24 are not contradicted by matters of which this court takes judicial notice, and since the allegations on their face state facts sufficient to establish a cause of action and are no...
2019.9.30 Demurrer 501
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.9.30
Excerpt: ...essed to and received by crossdefendant) referenced in the cross‐complaint are not attached as exhibits to the pleading. Demurrers for uncertainty under Code of Civil Procedure section 430.10, subdivision (e) are disfavored. (Chen v. Berenjian (2019) 33 Cal.App.5th 811, 822.) “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery proc...
2019.9.24 Demurrer 300
Location: Merced
Judge: Hansen, Ronald
Hearing Date: 2019.9.24
Excerpt: ...c. to the first cause of action for breach of the agreement to pay full rent is SUSTAINED for failure to allege facts sufficient to constitute a cause of action, based on facts showing the affirmative defenses of (1) release and (2) accord and satisfaction. Those facts were judicially noticed from 17CL0229, 18CL0196, and the Pylon Sign Lease Agreement, and trump contrary The following tentative rulings shall become the ruling of the court unless ...
2019.9.20 Motion to Set Aside Default 173
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.9.20
Excerpt: ...nd notice of the entry of the default judgment was served by mail on the moving defendant on December 14, 2018. To challenge the entry of default, the motion must be filed and served within a reasonable time, but no later than six months after the entry of default. (Code Civ. Proc., § 473, subd. (b); Bae v. T.D. Serv. (2016) 245 Cal.App.4th 89, 97.) Here, defendant's motion challenging the default entered on March 16, 2018 and default judgment e...
2019.9.20 Motion to Change Venue 470
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.9.20
Excerpt: ...oper remuneration. In addition to provisional relief, MID seeks damages for conversion and trespass. Before the Court this day is a defense motion to remove and transfer the action to a “neutral” county. Pursuant to CCP §394(a), any action brought by a government agency in its own locality against an entity doing business in a different county shall be removed and transferred to a neutral county – that is, a county where neither the plaint...
2019.9.16 Motion for Terminating Sanctions 859
Location: Merced
Judge: Saini, Monika
Hearing Date: 2019.9.16
Excerpt: ...'s written order filed April 16, 2019 deeming admitted the truth of any matters specified in plaintiff's requests for admission is DENIED. Contrary to counsel's assertion, the Court's order did not require defendant to provide responses to plaintiff's requests for admissions. Further, to the extent plaintiff moves for a terminating sanction based on defendant's failure to pay the monetary sanctions ordered, the motion fails as a matter of law. Fa...
2019.9.12 OSC Re Why Sanctions Should Not be Imposed 686
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.9.12
Excerpt: ...ndment permitting Sergio Garcia Sanchez to be a new class representative and include a Private Attorneys General Act of 2004 (“PAGA”) claim, is (a) time‐barred from pursuing a PAGA action, (b) an attempt to add a new claim, and (c) untimely. First, the relation‐back doctrine is applicable to this representation action as the cases cited by defendant (Bartalo v. Super Ct. (1975) 51 Cal.App.3d 526 and San Diego Gas & Elec. Co. v. Super Ct. ...
2019.9.10 Demurrer 055
Location: Merced
Judge: Moranda, David
Hearing Date: 2019.9.10
Excerpt: ...a fiduciary relationship between plaintiff and the demurring defendants. Plaintiff has not cited any persuasive legal authority for the proposition that a fiduciary relationship exists between a real estate buyer and the seller's listing agent. The elements of a cause of action for breach of fiduciary duty are the existence of a fiduciary relationship, its breach, and damage proximately caused by that breach. (Tribeca Companies, LLC v. First Amer...
2019.9.9 Motion for Terminating Sanction 859
Location: Merced
Judge: Foster, David A
Hearing Date: 2019.9.9
Excerpt: ...id not require defendant to provide responses to plaintiff's requests for admissions. Further, to the extent plaintiff moves for a terminating sanction based on defendant's failure to pay the monetary sanctions ordered, the motion fails as a matter of law. Failure to pay discovery sanctions does not justify a terminating sanction. Sanctions orders are enforceable as money judgments therefore the remedy to enforce payment of monetary sanctions is ...
2019.9.6 Motion for New Trial, to Vacate Judgment, for Sanctions, to Strike 617
Location: Merced
Judge: McCabe, Brian L
Hearing Date: 2019.9.6
Excerpt: ... § 657).) Plaintiff's arguments do not support claims of error based on the explicit grounds contained in Code of Civil Procedure section 657. Plaintiff's seventeen (17) purported “grounds” are actually arguments that Plaintiff has already made in support of its objections to the Court's Statement of Decision. Thus, Plaintiff has failed to raise any new issue of fact or law not already fully considered by the Court because each issue raised ...
2019.9.5 Motion for Summary Judgment 369
Location: Merced
Judge: Foster, David A
Hearing Date: 2019.9.5
Excerpt: ...on of showing one or more elements of the cause of action cannot be established, or that there is a complete defense to the cause of action, and therefore the burden shifts to plaintiff to show the existence of one or more triable issues of material fact. (Code Civ. Proc., § 437c, subd. (p)(2).) Plaintiff has not met his burden. As an initial matter, the Court notes that the complaint does not contain any charging allegations against Brittany Mc...

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