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Location: Merced x
Judge: Moranda, David x
2022.01.11 Motion to Tax Costs 438
Location: Merced
Judge: Moranda, David
Hearing Date: 2022.01.11
Excerpt: ...nstant motion to tax costs asserting that the memorandum of costs did not differentiate between costs incurred in connection with Plaintiff Michael P. Rose and costs incurred in connection with Plaintiff Monica Rose Berry, especially $6,921.79 relating to the production of the medical records of Plaintiff Monica Rose Berry. Defendants' opposition notes that Plaintiff Michael P. Rose was the only person injured in the subject auto accident, and th...
2021.10.19 Motion for Summary Judgment, Adjudication 438
Location: Merced
Judge: Moranda, David
Hearing Date: 2021.10.19
Excerpt: ...alify as an accord and satisfaction. The outcome of this dispute is of considerable importance to both parties because if a policy limits offer was accepted on behalf of Defendants, Plaintiff is potentially liable for attorney's fees and costs incurred after the time of acceptance. If the policy limits offer was rejected, Defendant's insurer is potentially liable for the full amount of any judgment imposed on Defendants without regard to policy l...
2021.07.20 Motion to Compel Second Deposition 362
Location: Merced
Judge: Moranda, David
Hearing Date: 2021.07.20
Excerpt: ...stigation report is privileged. Defendant has established a prima facie case that the investigation report is privileged (See Holm v. Superior Court (1954) 42 Cal.2d 500; Travelers Ins. Cos. 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) 725‐4240 to notify the court of your intent to appear. 2. You must give notice to all other parties be...
2021.06.29 Motion to Compel Further Responses 621
Location: Merced
Judge: Moranda, David
Hearing Date: 2021.06.29
Excerpt: ...ations that while in the care of Defendant, Plaintiff, an elder, suffered stage III and IV pressure ulcers requiring surgery, malnutrition, and sepsis leading to the death of such elder. The action is brought by Plaintiff's successor in interest. 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) 725‐4240 to notify the court of your intent to...
2021.05.04 Motion to Set Aside Default, Judgment 392
Location: Merced
Judge: Moranda, David
Hearing Date: 2021.05.04
Excerpt: ...iled to establish any manner of mistake or excusable neglect, he simply ignored the litigation. Third, the request is more than six months beyond the date that the default was entered on October 5, 2020. Fourth, and finally, the judgment is based on a claim on a promissory note for money loaned to Defendant. Defendant has failed to provide any evidence that a different result would have been probable if relief were granted. amend. ...
2021.04.13 Motion to Compel Production of Docs 438
Location: Merced
Judge: Moranda, David
Hearing Date: 2021.04.13
Excerpt: ...NTS (audio recording(s)) between Esurance Property & Casualty Company's claims adjuster and Plaintiff's Counsel Robert T. Tang, Esq.” The objection that such subpoena fails to comply with the requirements for seeking the personal consumer records of the Defendant is frivolous. The subpoena seeks evidence of a conversation between Plaintiff's counsel and an Esurance Claims Adjuster, not any personal record of the Defendant. While it appears that...
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...

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