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Location: Merced x
Judge: Proietti, Donald J x
2024.03.25 Motion to Compel Further Discovery Responses 493
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2024.03.25
Excerpt: ...non -relev ant or allegedly non- responsive material contained in that same document. Once a document is found to contain discoverable information that is responsive to a given request, redaction is only appropriate if a portion of the document contains protected in formation for which an appropriate objection was made. For example, an admissible business record might be redacted to conceal a social security number or full account number protecte...
2024.02.23 Motion to Deem RFAs Admitted 123
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2024.02.23
Excerpt: ...referenced in the Petition for Appointment of Probate Conservator of the Person and Estate filed by SHARON MORRIS on or about April 5, 2023 Merced Superior Court Case No. 23PR -00123) is a person who is substantially unable to manage his own financial resources as defined b y Probate Code 1801(b) which reads as follows: “A conservator of the estate may be appointed for a person who is substantially unable to manage his or her own financial ...
2024.01.24 Motion to Seal Exhibits with Discovery Motions 493
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2024.01.24
Excerpt: ...ectable to public discosure along with other court records that are subject to public disclosure. Accordingly, the motion to seal is GRANTED. Motion to Compel Further Discovery Responses from Defendant Foster Poultry Farms Plaintiff's Motion ot compel Further Discovery Responses is GRANTED. Request for Production of Documents No. 7 [All U.S. Department of Agriculture (USDA) reports about FACILITY, defined as the slaughterhouse and other processin...
2024.01.17 Demurrer to SAC 746
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2024.01.17
Excerpt: ...ed to cause unnecessary delay, and are not made in good faith or with a good faith belief that grounds for disqualification exist under the laws of the State of California. (Exhibit A to Defendants' Request for Judicial Notice [Order re Plaintiff's [Cyrus John Nownejadl Motion to Disqualify Ricky Wallace, Esq. and his law firm from representing Lenore Wilson as Trustee of the Wilson Charles & Lenore 2015 Rewcable Living Trust incorrectly named as...
2022.11.23 Motion for Good Faith Settlement Determination 294
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2022.11.23
Excerpt: ...nce attributable to [codefendant El Dorado] County was realistic and that the amount of the settlement bore a realistic proportion to damages that could be awarded.' (Id., at page 1248, 253 Cal.Rptr. 137.) [¶] The Schmid Court reversed relying on the portion of Tech‐Bilt which held that even when the claimant's damages are obviously great, and the liability therefor certain, a disproportionately low settlement figure is often reasonable in the...
2022.08.29 Motion to Compel Compliance with Subpoena 493
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2022.08.29
Excerpt: ...tion because it “uses millions of gallons of groundwater each day from the critically overdrafted Merced Subbasin, in large part to facilitate its use of live‐hang slaughter with electric immobilization, an unnecessarily water‐ intensive method of slaughtering chickens” and that the practice thwarts Maximum Beneficial Use because if Foster Poultry Farms “was not using more than its fair share of water, despite less water‐ intensive al...
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...
2021.04.21 Demurrer 794
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2021.04.21
Excerpt: ...d that a general anesthesia was necessary when in fact a local anesthetic and ¼ inch incision was adequate in order to induce Plaintiff to cancel a procedure scheduled with another surgeon; (2) Defendant falsely stated that the object removed was a venting wire or fencing wire when in fact a guide wire left behind from a previous surgery; and (3) Although Plaintiff requested that the foreign object that was removed be retained, Defendant falsely...
2021.04.12 Demurrer 050
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2021.04.12
Excerpt: ...2015‐00669, Detective Johnson of the Merced Police Department interviewed Decedent Alejandro Alex Vega and using the reference name “CW‐1” prepared a 3 page written report of the interview in which “CW‐1” reported that Joseph Elias Castrillo confessed to “CW‐1” that Castrillo had murdered Merced Taxi Cab driver Dean Barker” and “that in the written report of the interview with “CW‐1” by Detective Johnson in Case #201...
2021.03.19 Motion for Summary Judgment, Adjudication 085
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2021.03.19
Excerpt: ...ng 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. To limit the spread of the COVID‐19 virus, the court will only conduct remote hearing...
2021.03.05 Motion for Reconsideration of Order Overruling Demurrer 814
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2021.03.05
Excerpt: ... the allegations of the complaint appear to allege a claim that is distinct from the other litigation. A formal order was filed on January 11, 2021, Notice of Entry of Order was filed on January 14, 2021, and this Motion for Reconsideration was filed on January 19, 2021. A hearing was held on February 11, 2021, where this Court [Hon. Proietti] issued a tentative ruling which granted reconsideration on the court's own motion, and changed the rulin...
2019.8.30 Demurrer 929
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2019.8.30
Excerpt: ...tated to identify the basis for indemnity whether by contract or tort. Here, the pleading at paragraph 8 and 9 allege tortious acts of fraud attributable to cross‐defendant, but fail to allege any facts to support a joint legal obligation to plaintiff or that cross‐defendant owed a duty to plaintiff that might provide a basis for equitable indemnity. Further, no facts have been stated to support a claim for contractual indemnity. See Prince v...
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...
2019.7.2 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 ...
2019.2.28 Demurrer 808
Location: Merced
Judge: Proietti, Donald J
Hearing Date: 2019.2.28
Excerpt: ... v. Santa Clara County Bd. Of Supervisors (2010) 48 Cal.4th 32, 42; Stueve Bros. Farms, LLC v. Berger Kahn (2013) 222 Cal.App.4th 303, 321. Where a plaintiff alleges a cause of action which includes facts indicating the possibility that a statute of limitations applies, the plaintiff must also “plead around” the defense by alleging specific facts that would avoid the apparent defense. “Where plaintiff relies on a theory of … equitable tol...

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