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Location: Merced x
Judge: MacLaren, Peter x
2022.09.21 Motion to Compel Responses 692
Location: Merced
Judge: MacLaren, Peter
Hearing Date: 2022.09.21
Excerpt: ...on of Documents and the failure to comply with the order that both Plaintiffs and their counsel pay monetary sanctions of $500. The instant motion also seeks additional 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 before 4:00 p.m. of your...
2021.11.15 Application to Prevent Forfeiture Due to COVID-19 Rental Debt 078
Location: Merced
Judge: MacLaren, Peter
Hearing Date: 2021.11.15
Excerpt: ... Notice to pay rent for the period October 1, 2020 to August 31, 2021 or quit. At the time the Unlawful Detainer Complaint was filed, Plaintiff filed a UD‐101 Coversheet indicating that Plaintiff has not received rental assistance, does not have a rental assistance application pending. Plaintiff does not appear to have complied with CCP § 1179.11(c) by providing a sworn statement that rental assistance was denied or 20 days have passed since r...
2021.09.29 Motion for Leave to File Amended Answer, to Set Unlawful Detainer Court Trial 465
Location: Merced
Judge: MacLaren, Peter
Hearing Date: 2021.09.29
Excerpt: ... and sharply focused examination of title. To establish that he is a proper plaintiff, one who has purchased property at a trustee's sale and seeks to evict the occupant in possession must show that he acquired the property at a regularly conducted sale and thereafter “duly perfected” his title. (s 1161a, subd. 3.) Thus, we have declared that “to this limited extent, as provided by the statute, . . . title may be litigated in such a proceed...
2021.09.22 Motion for Summary Judgment 546
Location: Merced
Judge: MacLaren, Peter
Hearing Date: 2021.09.22
Excerpt: ...tiff's 60‐DayNotice to Quit demanded that Defendant return possession of the subject premises by July 3, 2021, that Defendant remained in possession of the subject premises after July 3, 2021, and that Plaintiff waived the 60‐Day Notice to Quit by accepting monthly rent on July 3, 2021, August 3, 2021, and September 3, 2021. While copies of checks and correspondence between Plaintiff and Defendant are attached as exhibits to the Motion for Su...
2021.09.13 Motion for Summary Judgment, to Amend Complaint 328
Location: Merced
Judge: MacLaren, Peter
Hearing Date: 2021.09.13
Excerpt: ...t the lessee of a different co‐owner. (Zaslow v. Kroenert (1946) 29 Cal.2d 541, 548; Verdier v. Verdier (1957) 152 Cal.App. 348, 352; Lee Chuck v. Quan WoChong & Co. (1891) 91 Cal. 593, 597.) Plaintiff's Complaint concedes that the lease agreement that is the subject of this unlawful detainer action was between Defendant and an alleged “unauthorized family member” and that neither Plaintiff nor her successor interest are parties to the leas...
2021.07.21 Motion for Summary Judgment 165
Location: Merced
Judge: MacLaren, Peter
Hearing Date: 2021.07.21
Excerpt: ...his shifts the burden of proof to Defendant to offer admissible evidence establishing a triable issue of material fact. First, Defendant fails to provide a Separate Statement of Undisputed Fact. This alone is grounds for granting the Motion for Summary Judgment. Second, Defendant fails to provide any admissible evidence controverting any of the evidence offered by the moving party and therefore fails to establish that there is a triable issue of ...

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