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Location: Merced x
Judge: Lo, Paul C x
2021.05.26 Motion for New Trial 496
Location: Merced
Judge: Lo, Paul C
Hearing Date: 2021.05.26
Excerpt: ...aised at trial were not alleged in the answer is not a basis for new trial because the pleadings frame the issues on which trial is conducted. The claims that witnesses lied and that the court is biased are unsubstantiated and therefore are not a basis for new trial. There was no surprise at trial that ordinary prudence would not have guarded against. Again, Moving Parties had an opportunity to conduct discovery. The fact that Moving Parties may ...
2021.05.11 Motion for New Trial 496
Location: Merced
Judge: Lo, Paul C
Hearing Date: 2021.05.11
Excerpt: ...of motions in limine, all decision regarding evidence in a matter rest with the sound discretion of the trial judge. Defendants do not provide, as required by CCP § 475, that a different result would be probable if the motions in limine had been rejected for if the motion for new trial was granted. 3. Documentary Evidence Not Served on Defendant Entered Into Evidence. There is no contention that the documentary evidence was no admissible or that...
2019.3.28 Motion for Terminating Sanctions, Request for Monetary Sanctions 358
Location: Merced
Judge: Lo, Paul C
Hearing Date: 2019.3.28
Excerpt: ...time. Numerous cases hold that severe sanctions (i.e., evidence or terminating sanctions) for failure to comply with a Court order are allowed only where the failure was willful. See R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495; Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545; Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315, 1327. Defendant's moving pleadings fail to demonstrate to the Court that Plaint...
2019.3.27 Motion to Compel Further Responses, Request for Monetary Sanctions 520
Location: Merced
Judge: Lo, Paul C
Hearing Date: 2019.3.27
Excerpt: ...ion, Set Two, to Kelli (Cook) Mahoney and Request for Monetary Sanctions 4. Defendant Caltrans' Motion to Compel Further Responses to Requests for Production, Set Two, to Kevin A. Cook, and Request for Monetary Sanctions 5. Defendant Caltrans' Motion to Compel Further Responses to Requests for Admission, Set One, to Kelli (Cook) Mahoney and Request for Monetary Sanctions 6. Defendant Caltrans' Motion to Compel Further Responses to Requests for Ad...

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