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Location: Napa x
Judge: Tisher, Francisca x
2024.01.12 Motion for Leave to File TAC 124
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2024.01.12
Excerpt: ...hments to other filings to be deemed operative pleadings. For this reason, Plaintiff is required to file the proposed amendment.) A. PRELIMINARY MATTERS Plaintiff Charleen Wignall-Ewing moves, pursuant to Code of Civil Procedure sections 473 and 576, for leave to file a Third Amended Complaint on grounds that the amendment is related to the subject matter of the existing controversy and will not result in prejudice to the Defendants. The motion o...
2019.4.9 Motion to Strike 779
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...ablishing that plaintiff is entitled to the relief sought. Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255. In establishing a claim for punitive damages, plaintiff must show by “clear and convincing” evidence that the defendant is guilty of oppression, fraud or malice. Civil Code § 3294(a). Plaintiffs fail to do so here, and fail to demonstrate how they may amend their Complaint to properly state a punitive damages claim. Accordin...
2019.4.9 Motion to Expunge Lis Pendens 457
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...e, however, involved a dispute over the petitioner's claim to an easement. No easement is at issue in this case. Plaintiff does not allege that Defendant has presented any right to possession or title to Plaintiff's property. Plaintiff's first amended complaint asserts that “Defendant's conduct will eventually interfere with Plaintiff's possession of the Scott Property through the imposition of a servient easement in favor of Defendants across ...
2019.4.9 Motion for Reconsideration, for Declaratory Relief 219
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...rygium excision with autograft on Plaintiff's right eye. Plaintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...
2019.4.9 Demurrer 642
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...h, fifth, and sixth causes of action on the ground that the Court previously issued a tentative ruling in a different action is overruled. A tentative ruling is not a ruling. Plaintiffs dismissed the prior action before the Court ruled on the demurrer. Demurrer to the first cause of action (breach of contract) is sustained with leave to amend. The claim alleges that “Defendants failed to perform its duties” and “cancelled Plaintiff's loan m...
2019.4.9 Demurrer 249
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...d. SUSTAINED WITH LEAVE TO AMEND as to the Seventh cause of action for intentional infliction of emotional distress. A cause of action for intentional infliction of emotional distress requires (1) extreme and outrageous conduct by the defendant; (2) intention to cause or reckless disregard of the probability of causing emotional distress; (3) severe emotional suffering; and (4) actual and proximate causation of the emotional distress. Heller v. P...
2018.7.20 Demurrer 435
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2018.7.20
Excerpt: ...those for a breach of written contract: a contract; its performance or excuse for nonperformance; breach; and damages.” (Stockton Mortg., Inc. v. Tope (2014) 233 Cal.App.4th 437, 453.) Defendant challenges the first element. To satisfy the first element, a plaintiff must allege, inter alia, mutual assent and sufficiently definite contractual terms. (Bustamante v. Intuit, Inc. (2006) 141 Cal.App.4th 199, 208; see Ersa Grae Corp. v. Fluor Corp. (...
2018.6.14 Motion to Set Aside Default Judgment 966
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2018.6.14
Excerpt: ...hat she is, therefore, entitled to equitable relief from the default despite the significant passage of time since its entry. The case is set for an OSC re: Dismissal on July 31, 2018, at 2:00 p.m. in Dept. C. The clerk is directed to send notice. ...

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