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171 Results

Location: Nevada x
2020.03.09 Motion for Summary Judgment 241
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2020.03.09
Excerpt: ...001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether 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; McGarry v. Sax ...
2020.03.06 Motion to Amend Complaint 939
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.03.06
Excerpt: ...redge Sports Co. v. Sup. Ct. (1989) 213 Cal. App. 3d 1045, 1047. �If discovery and investigation develop factual grounds justifying a timely amendment to a pleading, leave to amend must be liberally granted.� Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596 (if claims were pled before obtaining justifying support, via investigating and discovery, complainants could be exposed to liability for malicious prosecution). Here, Plaintiff alleges that ...
2020.03.06 Demurrer 622
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.03.06
Excerpt: ...d. Plaintiff has alleged he was entitled to money. Whether he was entitled to such money, whether it be from gross receipts or net profits, is a factual question, inappropriate for demurrer. As to the third cause of action for conspiracy, the demurrer is overruled. The Second Amended Complaint alleges that these defendants conspired to damage Plaintiff by depriving him of the benefits he would receive under these contracts. There is no requiremen...
2020.03.06 Demurrer 429
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.03.06
Excerpt: ...permissive, in its directions to the public entity; it must require, rather than merely authorize or permit, that a particular action be taken or not taken.�). Thus, the claim is not adequately pled. As leave to amend was previously granted and Plaintiff has failed to remedy the issue set forth above, leave to amend is denied. Moving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies w...
2020.02.28 Motion to Enforce Settlement Agreement 841
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.02.28
Excerpt: ...r 30, 2018, defendant would pay Plaintiffs $1,000 per day until the personal property was removed. That date was extended by a judicial officer through January 9, 2019, due to a showing of due diligence by Defendant as well as weather delays. No further extensions of the deadline were granted. The settlement agreement, including the $1,000 payment provision, shall be enforced. It is undisputed that the rock wall was not removed until December 15,...
2020.02.28 Demurrer, Motion to Strike 938
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.02.28
Excerpt: ...t allege: 1. The conduct was committed by a person acting under color of state law; and 2. it deprived a person of rights, privileges, or immunities secured by the Constitution or other law of the United States. Tichinin v. City of Morgan Hill (2009) 177 Cal.App.4th 1049, 1062. Here, Plaintiff has alleged in paragraphs 22-25 that plaintiff�s rights were violated by the conduct of the social worker who acted under color of law. The cause of acti...
2020.02.25 Motion to Stay Enforcement of Judgment 413
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.02.25
Excerpt: ... that such a stay is discretionary, not mandatory. A notice of appeal does not alone stay judgment or order enforcement where they award money, and a bond or undertaking is required. Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1429. Here, Defendants seek additional time to perfect its appeal and post an undertaking. However, the court finds that Defendant has had sufficient time to analyze whether to appeal and to arrange for financing. The ...
2020.02.25 Motion to Enforce Settlement Agreement 357
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.02.25
Excerpt: ...nforcement under CCP section 664.6, no case number is even set forth. The proper method for enforcement of this document is a complaint for breach of contract. The present motion is procedurally defective. On the merits, however, the court notes that a condition precedent to the filing of any action is that the parties shall submit any disagreement to a neutral third party. The agreement further provides that if the parties cannot agree upon a ne...
2020.02.25 Motion for Summary Adjudication 927
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.02.25
Excerpt: ...zing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether 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; McGarry v. Sax (2008) 158 Cal.App.4th 983, 994; H...
2020.02.25 Motion for Reconsideration 930
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.02.25
Excerpt: ... produced at the time of the prior motion.... A motion for reconsideration will be denied absent a strong showing of diligence." Forrest v. State Of Cal. Dept. Of Corps. (2007) 150 Cal.App.4th 183, 202. See also Baldwin v. Home Sav. of Am. (1997) 59 Cal. App. 4th 1192. In this case, plaintiff and defendants Michael and Renate DeMartini submitted briefing in connection with plaintiff�s 18 September 2019 motion. All parties presented oral argumen...
2020.02.21 Motion for Summary Adjudication 927
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.02.21
Excerpt: ...zing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether 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; McGarry v. Sax (2008) 158 Cal.App.4th 983, 994; H...
2020.02.10 Motion for Summary Judgment, Adjudication 036
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2020.02.10
Excerpt: ...2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether 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; McGarry v. Sax...
2020.01.29 Motion to Compel Further Responses 846
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.01.29
Excerpt: ...y the stipulation filed 12/3/19, and whether the motion is now moot. Defendants Bares� Application for Good Faith Settlement is denied without prejudice. Defendant County�s Motion Contesting Good Faith Settlement is granted. Where a good-faith settlement is unopposed, counsel�s bare-bones declaration is sufficient for a good-faith determination. City of Grand Terrace v. Sup. Ct. (1987) 192 Cal.App.3d 1251, 1261; Weil & Brown, Civ. Pro. Befo...
2020.01.27 Demurrer 281
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.01.27
Excerpt: .... Govt Code � 815. Thirdly, the claims fail to state facts sufficient to constitute a cause of action. The claims are also uncertain, ambiguous and unintelligible. Defendant County�s Motion to Strike Punitive Damages is granted. Punitive damages are not permissible against governmental agencies. Govt Code � 818. �Where a demurrer is sustained or a motion for judgment on the pleadings is granted as to the original complaint, denial of leav...
2020.01.17 Motion to Compel Arbitration 121
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.01.17
Excerpt: ...it' basis." Lagatree v. Luce, Forward, Hamilton & Scripps (1999) 74 Cal. App. 4th 1105, 1127. Accord Giuliano v. Inland Empire Personnel, Inc. (2007) 149 Cal.App.4th 1276, 1292. In the present case, although Plaintiff has alleged the agreement is procedurally unconscionable because it was presented on a take-it-or-leave-it basis, the court finds such agreement is not unenforceable. Moreover, Plaintiff has failed to demonstrate any substantive unc...
2020.01.17 Motion for Order of Possession 088
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.01.17
Excerpt: ...ff will suffer if possession is denied or limited outweighs the hardship of the defendant or occupant. This order is made pursuant to CCP �1255.410. The property to be acquired is described as set forth in the Complaint. The date the condemnor is authorized to take possession of the property is effective on January 17, 2020. Moving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies wit...
2020.01.17 Demurrer 391
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.01.17
Excerpt: ...arch warrant, the demurrer is overruled. Plaintiff alleges that there were purposeful omissions from the search warrant that would affect the issuance of the search warrant. Additionally, Plaintiff has alleged such omissions were malicious. As such, these claims are sufficiently pled. As to the argument that the Third Amended Complaint fails because there is no cite to any statutory authority of the claims and immunities apply, the demurrer is ov...
2020.01.09 Motion to Stay 622
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.01.09
Excerpt: ...ourt, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.� CCP �1048(a). The Sonoma County action is a class action relating to labor code violations. The present case alleges a breach of contract as well as claims for racketeering and interference with contr...
2020.01.03 Motion to Strike Punitive Damages 968
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.01.03
Excerpt: ...gh degree of probability an injury would occur, or oppression and malice, including intentional or conscious wrongdoing of a despicable or injurious nature. Because such facts are not set forth, there is no basis, as currently pled, to support punitive damages. Any amended complaint must be served and filed by January 13, 2020. Moving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies wi...
2020.01.03 Demurrer 387
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2020.01.03
Excerpt: ...reement were. The Second Amended Complaint states only that Plaintiff and Defendant �agreed to purchase a house together.� Plaintiff does not state what ownership interests each party were alleged to have or what duties or responsibilities each party would have under said agreement. All essential terms of the agreement must be explicitly set forth. The demurrer on the grounds that the cause of action is barred by the statute of limitations is...
2019.9.27 Motion for Summary Judgment 939
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.9.27
Excerpt: ...w 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 to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. In analyzing motions for summary judgment, courts must: (1) identify the issues framed by the pleadings to be addressed; (2) determine ...
2019.9.27 Demurrer 787
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.9.27
Excerpt: ...laintiff must state all material terms of the contract: who the parties were to the contract, the date the contract was entered into, the performance required of each party, whether the contract was oral or written, what conduct constituted breach, and the date of the purported breach. Thirdly, as to the second cause of action for quantum meruit, Plaintiff must allege the services rendered, the dates the services were rendered, the agreement for ...
2019.9.20 Motion for Summary Judgment 019
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.9.20
Excerpt: ...field Co. (2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether 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;...
2019.9.20 Motion for Judgment on the Pleadings 268
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.9.20
Excerpt: ...urt of competent jurisdiction�� Tenor Group v. City of Gelndale (1993) 14 Cal.App.4th 154. California law defines a cause of action �by focusing on the primary right at stake: if two actions involve the same injury to the plaintiff in the same wrong by the defendant than the same primary right is at stake even if in the second suit the plaintiff pleads different theories of recovery, seeks different forms of relief and or adds new facts sup...
2019.9.6 Motion for Summary Judgment, Adjudication 419
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.9.6
Excerpt: ...ading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated t...

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