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139 Results

Location: Nevada x
2019.3.1 OSC Re Preliminary Injunction 323
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.3.1
Excerpt: ...l Estate etc. Trust (1985) 168 Cal.App.3d 818, 824, 214; Vega v. JPMorgan Chase Bank, N.A. (E.D.Cal. 2009) 654 F.Supp.2d 1104. See also generally Bernhardt, Cal. Mortgage and Deed of Trust Practice (Cont. Ed. Bar 4th ed. 2009) ��7.22-7.34, 7.63-7.66. Here, no underlying action has been filed to show that Plaintiff will prevail on the merits. There is nothing to be determined meritorious. While the Court found good cause to grant the TRO witho...
2019.3.1 Motion for Entry of Judgment, to Fix Attorney Fees 886
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.3.1
Excerpt: ...f may correct this defect by filing amended Requests for Entry of Default. Thereafter, Plaintiff may simply re- notice the present motion (without the requirement of filing the supporting documents again). Moving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tenta...
2019.3.1 Demurrer, Motion to Strike 396
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.3.1
Excerpt: .... No extrinsic evidence can be considered. Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881. Thus, these declarations are irrelevant and improperly filed in support of a demurrer and/or motion to strike. Secondly, Plaintiff�s arguments relating to improper meet and confer by Defendant prior to filing the demurrer are well founded. See CCP section 430.41. However, as the demurrer and opposition are fully briefed, and the court is overru...
2019.2.22 Motion to Set Aside Default, Judgment 146
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.2.22
Excerpt: ...road remedial provisions� . . . are to be �liberally applied to carry out the policy of permitting trial on the merits.� � Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410 (citations omitted). �The party seeking relief, however, bears the burden of proof in establishing a right to relief.� Id. (citations omitted). �The burden is a double one: the moving party must show a satisfactory excuse for his default, and he must sho...
2019.2.15 Motion to Expunge Lis Pendens 396
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.2.15
Excerpt: ...imant 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 opposing party to show that the complaint contains allegations of a r...
2019.2.8 Motion for Leave to File Amended Complaint 941
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.2.8
Excerpt: ...to refuse permission to amend�.�� Jaimez v. DAIOHS USA, Inc. (2010) 181 Cal.App.4th 1286, 1308. Courts generally do not consider the validity of proposed amendments to a pleading. Kittredge Sports Co. v. Sup. Ct. (1989) 213 Cal. App. 3d 1045, 1047; Atkinson v. Elk Corp. (2006) 109 Cal. App. 4th 739, 760 (�the better course of action would have been to allow � [plaintiff] to amend the complaint and then let the parties test its legal suf...
2019.2.8 Motion for Attorneys' Fees 801
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.2.8
Excerpt: ...nably expended multiplied by the reasonable hourly rate�.�� �[T]he lodestar is the basic fee for comparable legal services in the community; it may be adjusted 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 na...
2019.2.1 Motion to Compel Further Responsses 707
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.2.1
Excerpt: ... relates to Defendant Steven Sipe dba Sipes CA, the motion to compel is denied in its entirety. Steven Sipe is a sole proprietor owner. As set forth in Bellis v. United States (1974) 417 US 85, 87-88, the Fifth Amendment privilege �applies to the business records of the sole proprietor or sole practitioner.� There is no legal entity separate from Sipe as an individual. The Fifth Amendment was properly asserted. As the motion relates to Defend...
2019.2.1 Demurrer 228
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2019.2.1
Excerpt: ... Lim v. The.TV Corp. Internat. (2002) 99 Cal.App.4th 684, 690. Here, Cross-Complainant has pleaded written contracts according to their legal effect. Among other things, paragraphs 31 ,35, 37 and 38 set forth the exact material terms at issue and allegedly breached. Cross-Defendant has sufficient facts regarding the contract at issue to file an Answer in this action. Thus, any Answer must be served and filed by February 11, 2019. Moving party�...
2018.8.10 Motion for Attorney's Fees 373
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.8.10
Excerpt: ...Plaintiff�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. Angela L. Bradrick, research attorney for the Superior Court of Nevada County, will act as judge pro tem on this law and motion calendar and has issued this tentative ruling. If the parties wish to argue at the hearing, they must notify...
2018.8.10 Demurrer 944
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.8.10
Excerpt: ...radrick, research attorney for the Superior Court of Nevada County, will act as judge pro tem on this law and motion calendar and has issued this tentative ruling. Any party who does not wish to stipulate to her hearing this matter must notify the other parties and then notify the Court's judicial assistant at (530) 265-1380, by 4:00 p.m. on the court day prior to hearing. Since no judge will be available for this law and motion calendar, if ...
2018.7.27 Motion for Reconsideration 028
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.27
Excerpt: ...e discovered and 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, 1199 (noting that 1992 amendment to CCP �1008 tightened diligence requirements). Disagreement with a ruling is not a new fact that will support the granting o...
2018.7.27 Motion for Protective Order 612
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.27
Excerpt: ... that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentati...
2018.7.20 Motion to Strike, Demurrer 861
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.20
Excerpt: ...ng party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do...
2018.7.20 Motion for Preliminary Injunction 908
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.20
Excerpt: ... (1985) 168 Cal.App.3d 818, 824, 214; Vega v. JPMorgan Chase Bank, N.A. (E.D.Cal. 2009) 654 F.Supp.2d 1104. See also generally Bernhardt, Cal. Mortgage and Deed of Trust Practice (Cont. Ed. Bar 4th ed. 2009) ��7.22-7.34, 7.63-7.66. ��The granting or denial of a preliminary injunction does not amount to an adjudication of the ultimate rights in controversy. It merely determines that the court, balancing the respective equities of the parti...
2018.7.20 Motion for Judgment on the Pleadings 504
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.20
Excerpt: ...as (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2012) �7:292. A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App. 4th 1056, 1061; Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, 1064. In considering a motion for judgment on the pleadings, courts consider whether prope...
2018.7.13 Motion for Good Faith Settlement 865
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.13
Excerpt: ...nt no bar to claims re express indemnity agreements); Weil & Brown, Cal. Prac. Guide: Civ. Pro Before Trial (The Rutter Group 2010) ��12:910 and 12:925. Judges� have limited discretion in ruling upon a motion for good faith settlement, and the rulings must be made �in view of the equitable goals of the statute, in conformity with the spirit of the law and in a manner that serves the interests of justice�, and must serve the goals of �...
2018.7.13 OSC Re Preliminary Injunction 941
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.13
Excerpt: ...n the merits. Baypoint Mortg. Corp. v. Crest Premium Real Estate etc. Trust (1985) 168 Cal.App.3d 818, 824, 214; Vega v. JPMorgan Chase Bank, N.A. (E.D.Cal. 2009) 654 F.Supp.2d 1104. See also generally Bernhardt, Cal. Mortgage and Deed of Trust Practice (Cont. Ed. Bar 4th ed. 2009) ��7.22-7.34, 7.63-7.66. �[I]t is appropriate to deny an injunction where there is no showing of reasonable probability of success, even though the foreclosure wi...
2018.7.13 Motion to Transfer Venue 896
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.13
Excerpt: ...ass Valley SH�s principal place of business is in Contra Costa County. Thus, Contra Costa County is the appropriate venue. Defendants� request for attorney�s fees under CCP �396b(b) is denied. As a corporation may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the where the breach occurs, Nevada County may have been an appropriate forum. The court finds no bad faith ...
2018.7.13 Motion to Continue Trial 396
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.13
Excerpt: ...ing herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. ...
2018.7.13 Motion to Compel Further Responses 906
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.13
Excerpt: ...d as it relates to those responses. It was timely filed within 45 days of service of the responses. If discovery was, in fact closed as Plaintiff argues here, then Plaintiff would not have served responses in the first place. The motion is granted as to number 57 and 59. Plaintiff�s responses were non-responsive to the direct question queried. The motion is denied as to the remaining requests. As to those seeking damages, the interrogatories di...
2018.7.13 Motion to Compel Further Responses 402
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.13
Excerpt: ...�s reliance on CCP �2033.030 does not apply, as the discovery served were Form Interrogatories, not Requests for Admissions. Further, CCP �94 does not apply, as this is not a limited civil case. To the extent Defendant intended to rely on CCP �2030.030, which limits interrogatories to 35 in number, that provision only applies to Special Interrogatories, not Form Interrogatories. While the Court is cognizant of the difficulties a party fac...
2018.7.13 Motion to Compel Compliance 846
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.13
Excerpt: ...erein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any a...
2018.7.13 Motion for Summary Adjudication 098
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.7.13
Excerpt: ... of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. Cal...
2018.6.29 Motion to Amend Complaint 561
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2018.6.29
Excerpt: ...ving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you ...

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