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318 Results

Location: Nevada x
2022.05.20 Anti-SLAPP Motion to Strike 588
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.05.20
Excerpt: ... engage in a two‐step process. First, the court decides whether defendant has made a threshold showing that the challenged cause of action is one arising from protected activity (i.e., that the acts of which plaintiff complains were taken in furtherance of defendant's right of petition or free speech). If such a showing has been made, the court then determines whether plaintiff has demonstrated a probability of prevailing on the claim. Equilon ...
2022.05.13 Motion for Summary Judgment 697
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.05.13
Excerpt: ...€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; Hinesley v. Oakshade Town Center (2005) 135 Cal. App. 4th...
2022.05.06 Motion for Summary Judgment 697
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.05.06
Excerpt: ...€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; Hinesley v. Oakshade Town Center (2005) 135 Cal. App. 4th...
2022.04.28 Demurrer 945
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2022.04.28
Excerpt: ...r lost profits due to a deprivation of his fair share. See Jara v. Suprema Meats (2004) 121 Cal.App.4th 1238, 1258. Further, a demurrer is improper to challenge the sufficiency of an attorney. Moreover, Gonsalves is allowed to appear both individually and derivatively. Lastely, paragraph 30 alleges that Engberg himself, not just PPSC, used WR Associates' supplies. As to the second cause of action for declaratory relief, the cross‐complaint suff...
2022.03.18 Motion for Summary Judgment 442
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.03.18
Excerpt: ... 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 the existence of a triable, material issue of fact. Sun v. City of Oakland (20...
2022.03.15 Motion for Summary Judgment 692
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2022.03.15
Excerpt: ...le 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 the existence of a triable, m...
2022.02.04 Motion to Substitute Plaintiff 689
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.02.04
Excerpt: ... named defendant is deceased. While the memorandum of points and authorities references a probate case, there is no request for judicial notice of that case or copies of any Order for Probate. Further, there is no declaration in support of the motion. The motion is procedurally and substantively defective and is, therefore, denied. ...
2022.02.04 Motion to Dismiss or Abate Action 824
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.02.04
Excerpt: ...nds, Defendant Victoria Yeager has no standing to assert any defenses or arguments on behalf of Defendant Charles Yeager. Such arguments may be made on behalf of the executor of his estate. However, it does not appear his estate has appeared in this action yet. Further, if Defendant Victoria Yeager is attempting to appear in her capacity as an executor, she is required to have counsel. Moreover, CCP section 377.41 provides, �On motion, the cour...
2022.02.04 Motion for Summary Adjudication 374
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.02.04
Excerpt: ...laim 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 the existence o...
2022.02.04 Anti-SLAPP Motion to Strike 588
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.02.04
Excerpt: ...h plaintiff complains were taken in furtherance of defendant�s right of petition or free speech). If such a showing has been made, the court then determines whether plaintiff has demonstrated a probability of prevailing on the claim. Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66. In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which th...
2022.01.28 Motion to Expunge Lis Pendens 094
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.01.28
Excerpt: ... comply with the requirements of Section 405.22 (see �405.23); claimant failed to establish the probable validity of a real property claim by a preponderance of the evidence (see �405.32); claimant is secured by an undertaking (see �405.33); and, claimant failed to file an undertaking ordered by the court (see �405.34). Kirkeby v. Sup. Ct. (2004) 33 Cal. 4th 642, 648. When a motion to expunge a lis pendens is filed, the burden is on the o...
2022.01.28 Demurrer 164
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.01.28
Excerpt: ...ith the required specificity. As to the fifth cause of action for constructive fraud, the demurrer is sustained without leave to amend. Cross- complainants have failed to allege a confidential or fiduciary relationship. As to the twelfth cause of action for IIED, the demurrer is overruled. The facts set forth in the fraud claims are sufficient to allege extreme and outrageous conduct. As to the 13th cause of action for a civil RICO claim, the dem...
2022.01.07 Motion to Quash Subpoena, Joinder 398
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.01.07
Excerpt: ... court were to deem such deposition to have previously occurred, the court finds good cause to allow an additional deposition on the new issues in the present case and, specifically, as to whom is the successor in interest is as to decedent Robert Cosick. As to the arguments relating to the right to privacy regarding estate planning documents, the court does find that such estate planning documents are generally protected by the privacy privilege...
2022.01.07 Motion for Preference 571
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.01.07
Excerpt: ...012) �12:246. An attorney's declaration based upon hearsay is sufficient proof of the client's health condition. Ibid. at ��12:247 - 12:247.5. Judges have discretion to grant preferential trial settings where there is competent, clear and convincing evidence that a party suffers from a terminal illness and there is substantial doubt as to survival beyond six months. CCP �36(d); Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2012) ...
2021.12.17 Motion for Summary Adjudication 398
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.12.17
Excerpt: ...y cannot join in another�s motion for summary judgment without filing its own separate statement and meeting motion notice requirements. Lerma v. County of Orange (2004) 120 Cal. App. 4th 709, 718 719; Frazee v. Seely (2002) 95 Cal.App.4th 627, 636; Village Nurseries v. Greenbaum (2002) 101 Cal. App. 4th 26, 46. Thus, the joinder in the motion for summary adjudication is denied. Requests for Judicial Notice Defendant�s Request for Judicial No...
2021.12.17 Motion for Attorney Fees 425
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.12.17
Excerpt: ...the merits of such motion heard as a predicate to a determination of the defendant's motion for attorney's fees and costs....�� Wong v. Tai Jing (2010) 189 Cal.App.4th 1354, 1365. Here, the Court finds the anti-slapp motion to strike to be meritorious. Defendants have made a prima facie showing that defendants� acts fall within the scope of the statute. Each of plaintiff�s causes of action arises from actions made in or made in connection...
2021.12.17 Demurrer 111
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.12.17
Excerpt: ...er possession. See Taylor v. Nu Digital Marketing Inc. (2016) 245 Cal.App.4th 283. Any Answer must be served and filed by December 22, 2021. PERSONAL APPEARANCES ARE PERMITTED. ALL PERSONS, TWO YEARS OF AGE AND OLDER, MUST WEAR A FACE COVERING. (SEE EXECUTIVE ORDER 192). YOU MAY APPEAR TELEPHONICALLY VIA V-COURT BY ARRANGING SUCH TELEPHONIC APPEARANCE AT LEAST TWO COURT DAYS PRIOR TO HEARING BY SIGNING UP USING THIS LINK: HTTPS://VCOURT.NEVADACOU...
2021.12.10 Demurrer 757
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.12.10
Excerpt: ...t had determined that the RER payments are separate property, Plaintiff has failed to allege a contractual right to such payments. Secondly, Plaintiff has failed to allege a causal relationship between the removal from the care home and the filing for divorce, and the interference with the payments. As to the second cause of action for intentional infliction of emotional distress, the demurrer is sustained with leave to amend. The removal from a ...
2021.12.10 Demurrer 412
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.12.10
Excerpt: ...nt allege discovery in 2020, after the death of David Pettis. As to the sixth cause of action for fraud, the demurrer is overruled. The complaint sufficiently alleges a misrepresentation, reliance, and damages. Moreover, as pled, the cause of action does not appear barred by the statute of limitations, because the complaint allege discovery in 2020, after the death of David Pettis. As to the seventh cause of action for injunctive relief, the demu...
2021.12.03 Demurrer 757
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.12.03
Excerpt: ...t had determined that the RER payments are separate property, Plaintiff has failed to allege a contractual right to such payments. Secondly, Plaintiff has failed to allege a causal relationship between the removal from the care home and the filing for divorce, and the interference with the payments. As to the second cause of action for intentional infliction of emotional distress, the demurrer is sustained with leave to amend. The removal from a ...
2021.11.05 Motion for Summary Judgment 953
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.11.05
Excerpt: ...Labs., Inc. (1990) 222 Cal.App.3d 379, 384, 387). Here, Plaintiff failed to file a Separate Statement of Undisputed Material Facts with supporting evidence. The only evidence filed in support of the motion is a two-page declaration with unauthenticated documents attached to it. The motion is procedurally and substantively defective. As such, the motion is denied. Defendant�s Motion for Summary Judgment Defendant�s Motion for Summary Judgment ...
2021.11.05 Motion for Summary Judgment 280
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.11.05
Excerpt: ... 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 the existence...
2021.11.05 Motion for Attorney Fees 698
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.11.05
Excerpt: ...d by the court based on factors including, as relevant herein, (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee award�.� Graciano v. Robinson Ford Sales, Inc. (2006) 144 Cal.App.4th 140, 154. Trial courts properly may use equitable considerations to reduce t...
2021.10.29 Motion for Summary Judgment 309
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.10.29
Excerpt: ...01) 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 (...
2021.10.29 Demurrer 763
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.10.29
Excerpt: ...ession for which a license is required under this code governing the department or any board, bureau, commission, committee, or program within the department, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract for which a license is required without alleging and proving that he or she was duly licensed at all times du...

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