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506 Results

Location: Nevada x
2024.05.24 Motion for Injunction 284
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.05.24
Excerpt: ...ion. “To obtain a preliminary injunction, a plaintiff ordinarily is required to present evidence of the irreparable injury or interim harm that it will suffer if an injunction is not issued pending an adjudication of the merits. [¶] ... [A]s a general matter, the question whether a preliminary injunction should be granted involves two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative b...
2024.05.17 Motion to Strike 224
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.05.17
Excerpt: ...ent to support a claim for punitive damages. Plaintiff indicates that punitive damages are not sought in connection with the negligence claim. Moreover, punitive damages are not available as a matter of law in connection with a claim for breach of the covenant of good faith and fair dealing. Se e Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1054 (“ ‘[W]ith the exception of bad faith insurance cases, a breach ...
2024.04.26 Motion to Quash Service by Substitute Service 014
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2024.04.26
Excerpt: ...t agrees with defendant that defendant's residence address was not “unknown” to plaintiff, since the return mail label that plaintiff's counsel points to indicates “no mail receptacle” rather than “no such person at this address.” Thus, it only establishes the lack of a mailbox, and that defendant does not receive mail at the Christie Lane address. However, plaintiff diligently attempted service at the Christie Lane address six times ...
2024.04.19 Request for Preliminary Injunction 293
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.04.19
Excerpt: ... had no “notice, actual or constructive” - vague and ambiguous, lack of foundation, improper conclusion), objection no. 5 (Th e f ir s t four sentences subject to objection starting with “In 2019, I was approached by David Pettis … in Grass Valley, California,” and ending with “In exchange, any funds … toward purchase of these properties.” - hearsay), objection no. 7 (hearsay, lack of foundation). All other objections are overrule...
2024.04.12 Motion to Quash Service of Complaint 090
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.04.12
Excerpt: ...urden of demonstrating that the exercise of jurisdiction would be unreasonable.” Snowney v. Harrah's Entertainment, Inc. (2005) 35 Cal.4th 1054, 1062 (quotations omitted). “Generally speaking, a civil court gains jurisdiction over a person through one of four methods. There is the old -fashioned method —residence or presence within the state's territorial boundaries. There is minimum contacts —activities conducted or effects ge ne...
2024.04.12 Motion for Judgment on the Pleadings 562
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.04.12
Excerpt: ...be d by the Judicial Council and shall inform the judgment debtor that the judgment debtor has 60 days within which to make a motion to vacate or modify the renewal. (b) Until proof of service is filed pursuant to subdivision (a), no writ may be issued, nor may any enforcement proceedings be commenced to enforce the judgment, except to the extent that the judgment would be enforceable had it not been renewed. “[T]here is no specified time perio...
2024.04.08 Demurrer to SAC 657
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2024.04.08
Excerpt: ..., as it stands, unconnected with extraneous matters, states a cause of action.'” Hahn v. M ir d a (2007) 147 Cal.App.4th 740, 747. Ac c o r d McKenney v. Purepac Pharmaceutical Co. (2008) 162 Cal.App.4th 72, 79. As to the first cause of action, the complaint is sufficiently clear to allow the defendant to answer. “[A] plaintiff need not plead facts with specificity where the facts are within the knowledge and control of the defendant and ...
2024.04.05 Demurrer 608
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.04.05
Excerpt: ...rge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.” Ib id . “[I]n order to establish a prima facie case of retaliation under the FEHA, a plaintiff must show (1) he or she engaged in a “protected activity,” (2) the employer subjected the employee to an adverse em...
2024.03.29 Demurrer 159
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.03.29
Excerpt: ...f 's complaint lacks any information about dates or frequency of incidents and accusations that would allow the court to evaluate the totality of the circumstance s. Further, defend ant's accusations of a wide -ranging and successful criminal enterprise masterminded by plaintiff would appear to be inconsistent w it h a g e d is c r im in a t io n . Fif t h Ca u s e o f Ac t io n : ove rrule d. The litany of crimes defendant accuses p la in t if f...
2024.03.22 Motion to Stay 771
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.03.22
Excerpt: ...at issue in t h e c iv il a c t io n ; (2 ) t h e p la in t if f 's s ig n if ic a n t in t e r e s t in p r o c e e d in g e xp e d it io u s ly with the civil action, and the potential prejudice the plaintiff could suffer with respect to t he loss of evidence or fading of recollections by the passage of time; (3) the moderate burden imposed by the civil action on the defendant who will need, with the assistance of counsel, to make thoughtful de...
2024.03.15 Demurrer 011
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.03.15
Excerpt: ...mortgagor or trustor and who is potentially eligible for any fe de ral, st at e , or proprie t ary fore closure pre ve nt ion alt e rnat ive program offered by, or through, his o r he r mort gage se rvice r.” (Civil Code § 2920.5(c)(1).) As Plaintiff has alleged only that his parents were the borrowers, and the HBOR does not extend protections to the Personal Representative of the Estate of a deceased borrower, he does not have standi ng. Thus...
2024.03.15 Motion for Summary Judgment 358
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.03.15
Excerpt: ...nt, courts must apply a three -step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether the moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. ( Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182 -83; McGa rry v. Sa x (2008) 158 Cal.App.4th 983, 994; Hinesley v. Oaksha...
2024.03.15 Motion to Change Venue 128
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.03.15
Excerpt: ...r their quasi -marital interest in property may not be commenced or maintained under this title [10.5].” Resolution of this issue require s the court to consider whether it will recognize the decree of divorce of the parties by the Dubai Court of First Instance in the United Arab Emirates (“UAE”). The United States is not a party to the Hague Convention on the Recognition of Divorces and Legal Separations, done at the Hague, June 1, 1970 (9...
2024.03.08 Motion to Dismiss 064
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.03.08
Excerpt: ...article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute. The statute is designed to protect defendants “from the annoyance of having unmeritorious claims against them unresolved for unreasonable periods of t im e . ” ( Muno z v. Cit y o f Tracy (2015) 238 Cal.App.4th 354, 359. ) “If o n ap p e al an o rd e r grant ing a ne w t rial is affirme d o r a jud gme nt is re ve rse d and ...
2024.03.08 Demurrer to FAC 107
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.03.08
Excerpt: ...t s h e ll, p la in t if f alleges that Defendants have improperly overridden diagnosis and treatment protocols recommended by Plaintiff's medical professionals, specifically his successful chiropractic treatment, and changed them to lesser treatments that are not proper or adequat e to treat Plaintiff's condition. ( Se e Amended Complaint including ¶ ¶ 1 -10.) First, each of the claims fail on their face to state sufficient facts to constitute...
2024.03.01 Motion to Stay 744
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2024.03.01
Excerpt: ...e no new facts or law to support such contentions. Sp e c if ic a lly, t h e m o v in g papers argue that the Court lacked jurisdiction to make the Order Appointing Receiver because the first Notice of Appeal was properly signed. However, this same argument was made in the 10 - 16- 23 brief at 1:27- 28 and rejected by Judge Durant. Movants also argue in the present moving papers that the judgment did not appoint a receiver, but only contemplated ...
2024.03.01 Motion for Summary Judgment 299
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.03.01
Excerpt: ...has read and considered those briefs . Subdivision (f)(2) of section 437c provides that “a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court, unless that party establishes to the satisfaction of the court, newly d iscovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. ” Here, the court has closely exa...
2024.03.01 Demurrer 902
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.03.01
Excerpt: ...hat (1 ) he was a member of a protected class, (2) he was performing c o m p e t e n t ly in h is p o s it io n , (3) he suffered an adverse employment action, and (4) he suffered the adverse action under circumstances that give rise to an inference of unlawful discrimination. Guz v. Be ch t e l Na t ion a l, Inc. (2000) 24 Cal.4th 317, 355. “To qualify as a member of the protected class under FEHA [based on disability], [the plaintiff] must de...
2024.03.01 Demurrer 840
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.03.01
Excerpt: ...] section 1161, subdivision 2 (section 1161(2).) ( Kwok v. Be rgre n (1982) 130 Cal.App.3d 596, 599– 600, 181 Cal.Rptr. 795.) [A] three -day notice must include “the amount which is due.” (§ 1161(2).) A notice that seeks rent in excess of the amount due is invalid and will not support an unlawful detainer action. (Er n s t Enterprises, Inc. v. Sun Valley Gasoline, Inc. (1983) 139 Cal.App.3d 355, 359, 188 Cal.Rptr. 641 (Ernst ).) In additio...
2024.02.23 Motion for Summary Adjudication 534
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.02.23
Excerpt: ...Evidence Plaintiff's Objection to paragraph 7 of the Declaration of Brian Shaw filed on February 9, 2023, is overruled. The court need not address the other objections as the challenged paragraphs are immaterial to the issues raised in this motion. Standard of Review The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and ...
2024.02.16 Motion to Change Venue 128
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.02.16
Excerpt: ...the judgment of a court of a foreign nation when the foreign court had proper jurisdiction and enforcement does not prejudice the rights of United States citizens or violate domestic public p o lic y .” In re Stephanie M. (1994) 7 Cal.4th 295, 314, c it in g Hilt on v. Gu yot (1 8 9 5 ) 159 U.S. 113, 202– 203; Vic t r ix S.S. Co ., S.A. v. Sa le n Dr y Ca r go A.B. (2d Cir.1987) 825 F.2d 709, 713. “Ext e n s io n o r d e n ia l o f c o m it...
2024.02.09 Motion to Strike Ruling on Motion for Summary Judgment 057
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.02.09
Excerpt: ... by January 18, 2024. Further, service by mail was required to be completed by January 13, 2024. Here, the motion appears to have been served also on January 19, 2024. Additionally, on the merits, Plaintiff contends that the prior motion for summary judgment was filed pursuant to Rule 56, not C.C.P. section 437c. However, Rule 56 is a Federal Rule of Civil Procedure, and not a California rule of civil procedure. Thus, the argument is without meri...
2024.02.02 Motion for Summary Judgment, to Bifurcate 246
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.02.02
Excerpt: ...the first cause of action is denied. Their motion for summary adjudication of the second cause of action is granted. Summary Judgment Standard Blackwell v. Vasilas (2016) 244 Cal.App.4th 160, 167–168 summarizes the applicable standard: A defendant is entitled to a summary judgment on the basis that the “action has no merit” (Code Civ. Proc., § 437c, subd. (a)) only where the court is able to determine from the evidence presented that “th...
2024.01.26 Second Motion for Summary Judgment, Adjudication 299
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.01.26
Excerpt: ...mmary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court, unless that party establishes to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. " ' Le Francois v. Goel (2005) 35 cal.4th 1094, 1098 ("In this case, the individual defendants filed a new moton for summary judgment that did not satisfy...
2024.01.26 Motion to Compel Responses 396
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.01.26
Excerpt: ... (compelling initial interrogatory responses), 2031.300 (compelling initial document requests). A motion to compel initial discovery responses need not show good cause, meeting and conferring, or timely filing, and need not be accompanied by a separate statement. Sinaiko Healthcare Consulting. Inc. v. Pac. Healthcare Consultants (2007) 148 Cal. App. 4th 390, 404. Here, the opposition states that there was no meaningful meet and confer effort. How...

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