581 Results
2025.02.14 Motion for Summary Judgment, Adjudication 212
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2025.02.14
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2025.02.14
Excerpt: ...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; McGarr...
2025.02.14 Motion for Relief from Order Imposing Sanctions 410
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.02.14
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.02.14
Excerpt: ...28 Cal.4th 249, 254. Thus, the present motion, related to a court order, must be decided under the discretionary standard. Second, discretionary relief under section 473(b) is not warranted. Section 473(b) states in pertinent part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a … order, … taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglec...
2025.01.24 Motion to Remove Mechanic Lien, Demurrer 48
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.24
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.24
Excerpt: ... Statewide's December 10, 2024 request for judicial notice or the Bacons' December 11, 2024 objection thereto. The court did not consider the requested information as part of its decision set forth below. The court need not rule on Statewide's December 2, 2024 evidentiary objections or the Bacons' December 6, 2024 evidentiary objections. For purposes of the decision below, the court assumed that all evidence presented was admissible. Standard “...
2025.01.24 Motion for New Trial 697
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.24
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.24
Excerpt: ...otion will be made and whether the same will be made upon affidavits or the minutes of the court, or both, either: (1) After the decision is rendered and before the entry of judgment. (2) Within 15 days of the date of serving notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon them by any party of written notice of entry of judgment , or within 180 days after the entry of judgment, whichever is earlies...
2025.01.24 Motion for Cost of Proof Sanctions 309
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.24
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.24
Excerpt: ...ble standard for this motion is well articulated by Orange County Water Dist. v. The Arnold Engineering Co. (2018) 31 Cal.App.5th 96: “A party to a civil action may propound a written request that another party ‘admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact.' ” ( City of Glendale v. Marcus Cable Associates, LLC (2015) 235 Cal.App.4th 344, 351 ...
2025.01.17 Motion to Compel Responses 134
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.17
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.17
Excerpt: ...of $610.00. If a party fails to timely serve a response to a demand for production of documents, Code of Civil Procedure Section 2031.300 authorizes the propounding party to move for an order compelling responses. Section 2023.030 gives the court discretion to issue monetary sanctions against a party for its misuse of the discovery process, which includes failing to respond to an authorized method of discovery and failing to meet and confer to re...
2025.01.17 Motion for Summary Judgment 591
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.17
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.17
Excerpt: ...y provide no evidence that plaintiffs knew that the occupants of Apartment # 5 were manufacturing drugs. This fact remains undisputed. Plaintiffs dispute defendants' Undisputed Fact Nos. 7 and 8. However, their opposition and supporting evidence do not dispute these facts and they remain undisputed. Plaintiffs argue that Undisputed Fact No. 9 relating to plaintiffs' reports about the conduct of tenants not living in Apartment # 5 is not a materia...
2025.01.17 Motion for Summary Judgment 425
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.17
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.17
Excerpt: ...81 days under Code of Civil Procedure section 437c, as amended by AB 2049. Plaintiff is correct that notice was inadequate. Code of Civil Procedure section 437c(a)(2) provides, in relevant part, that “[n]otice of [a summary judgment] motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing.” See, e.g ., Cole v. Superior Court (2022) 87 Cal.App.5th 84, 87. Effective ...
2025.01.13 Motion to Quash or Set Aside Default 551
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2025.01.13
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2025.01.13
Excerpt: ... motion for one or more of the following purposes: 1. To quash service of summons on the ground of lack of jurisdiction of the court over him or her. Here, Defendants' Motion to Quash is untimely. Their time to plead expired on September 20, 2024 (presuming personal service) or October 1, 2024 (presuming substitute service). With no showing of good cause and no additional time granted by the Court, Defendants' motion was filed almost two months l...
2025.01.10 Motion for Summary Judgment 425
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.10
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.10
Excerpt: ... Procedure section 437c, as amended by AB 2049. AVI is correct that notice was inadequate. Code of Civil Procedure section 437c(a)(2) provides, in relevant part, that “[n]otice of [a summary judgment] motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing.” See, e.g ., Cole v. Superior Court (2022) 87 Cal.App.5th 84, 87. Effective January 1, 2025, AB 2049 increase...
2025.01.10 Motion for Interlocutory Judgment of Partition 128
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.10
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2025.01.10
Excerpt: ...ourt indicates that it need not resolve an objection hereafter it means that given the disposition described i nfra , it did not have to resolve the objection. The objections to the Diamond declaration are overruled as moot with one exception: the court need not resolve objection 14. Objection 1 to the Griesbach declaration is overruled as moot; the court need not resolve any other remaining objections in connection with this declaration. As for ...
2024.12.27 Motion to Set Aside Default, Judgment 438
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.27
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.27
Excerpt: ...wer. A trial court has broad discretion to grant relief under Code of Civil Procedure Section 473(b), which is to be liberally construed. “Any doubts existing as to the propriety of setting aside a default thereunder will be resolved in favor of a hearing on the merits.” Berman v. Klassman (1971) 17 Cal. App. 3d 900, 909. Defendant's motion was filed in a timely manner. It also attaches a copy of her proposed motion. Thus, it is procedurally ...
2024.12.27 Motion to Terminate Civil Harrassment Order 310
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.27
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.27
Excerpt: ...the law, or (3) the ends of justice. See Yost v. Forestiere (2020) 51 Cal App 5th 509, 526 -527. In this case, respondent's motion to terminate the restraining order makes no showing to support termination of the order. First, to the extent that respondent challenges venue or jurisdiction, that claim lacks merit. Venue and jurisdiction were proper in this court because petitioner alleged that she was harassed by respondent at petitioner's place o...
2024.12.20 Motion for Attorney Fees 592
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.20
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.20
Excerpt: ...cupied entirely or in part by the purchaser. The parties agree that plaintiff obtained a decree of judicial foreclosure under a purchase money trust deed. They also agree that he cannot recover a deficiency judgment under Code of Civil Procedure §580b. The issue before the court is whether plaintiff's request for attorneys' fees and costs presently constitutes an impermissible deficiency judgment. Until the property is sold it presently appears ...
2024.12.20 Demurrer to Petition and Complaint 613
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.20
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.20
Excerpt: ... 30 Cal.App.4th 943, 947; Planning & Conservation League v. Castaic Lake Water Agency (2010) 180 Cal.App.4th 210, 225 –226; Flying Dutchman Park, Inc. v. City and County of San Francisco (2001) 93 Cal.App.4th 1129, 1134. The court judicially notices the following Town Exhibits without opposition by petitioners: Nos. 1, 3, 4, 13 and 14. The court judicially notices the following Town Exhibits over the objections by petitioners: Nos. 7 and 12. Th...
2024.12.13 Motion to Compel Further Discovery Responses 512
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.13
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.13
Excerpt: ...6 September 6, 2024, plaintiff served its second set of further amended responses to requested discovery on defendants (by mail and e -mail). Per defendants' suggestion and the parties' agreement, the deadline for any motion to compel was 30 days after receipt of any responses. See, e.g. , Code. Civ. Proc. §2030.300(c)(allowing agreed extensions -interrogatories), §2031.310(c) (documents), §2033.290(c)(requests for admissions). Under the parti...
2024.12.13 Motion to Compel Arbitration and Stay Proceeding 190
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.13
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.13
Excerpt: ...ndent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists. The burden is on the party seeking to compel arbitration to prove the existence of an agreement to arbitrate. See Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1217. If that burden is met, the burden shifts to the party opposing arbitration to produce evidence to challenge the validity of the agreement to arbitrate. See Gamboa v. Northeast Com...
2024.12.06 Request to Stay Petition for Interlocutory Judgment 128
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.06
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.06
Excerpt: ...FL0001430 (a domestic violence restraining order matter) in the Family Law Department, Departments 3/5. Per defendant, she has filed a petition in Case No. FL0001430 requesting “the Family Law Court to take jurisdiction over (1) Civil Case #CU0000128, (2) to Deny Comity of the Sharia Divorce Decree of 9/20/2020, (3) to Hear her Dissolution of Marriage Motion, (4) to award Ms. Stevenson the marital home in lieu of all other marital property.” ...
2024.12.06 Demurrer, Motion to Strike 190
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.06
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.06
Excerpt: ...ff is required only to set forth the essential facts of his case with reasonable precision and with particularity sufficient to acquaint a defendant with the nature, source and extent of his cause of action” Doheny Park Terrace Homeowners Assn. Inc. v. Truck Ins. Exchange (2005) 132 Cal.App.4th 1076, 1099, cited with approval by Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550. “A demurrer tests the pleadings alone and not the evidence o...
2024.12.06 Demurrer 795
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.06
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.06
Excerpt: ...ect of the demurrer and, of course, is part of the court's file. Meet and Confer Requirements Preliminarily, Code of Civil Procedure section 430.41 requires the parties to meet and confer before incurring the time and expense of a demurrer. “As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the defi...
2024.12.06 Demurrer 602
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.06
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.12.06
Excerpt: ... basis of the deficiencies.” Code Civ. Proc. §430.41(a). This section requires the demurring party to file and serve with the demurrer a declaration describing the parties' meet and confer efforts or stating that the responding party failed to meet and confer. Id. The declaration from respondent's attorney does not satisfy the requirements of this section. It does not identify with legal support the basis of the deficiencies in the petition fo...
2024.11.22 Motion to be Relieved as Counsel, for Monetary and Terminating Sanctions 410
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.11.22
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.11.22
Excerpt: ... the conference date. Motion for Monetary and Terminating Sanctions Request for Judicial Notice: Defendants' request for judicial notice is granted in its entirety. Code of Civil Procedure section 2030.300(e) provides: If a party fails to obey an order compelling further response to interrogatories, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under C...
2024.11.22 Motion for Attorney 174
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.11.22
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.11.22
Excerpt: ...provides that a court or other decisionmaking body “may” do an act, the statute is permissive, and grants discretion to the decisionmaker. … [T]he decision whether to award attorney fees to a prevailing party — plaintiff or defendant — under section 527.6(i) is a matter committed to the discretion of the trial court.” Krug v. Maschmeier (2009) 172 Cal.App.4th 796, 802. Courts utilize Code of Civil Procedure section 1032 as guidance fo...
2024.11.15 Motion for Leave to File Cross-Complaint 108
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.11.15
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.11.15
Excerpt: ...their answer to the fifth amended complaint and seek leave of the court to do so. Leave is warranted. It is well -established that the law favors the allowance of amended pleadings, including the filing of cross -complaints, both compulsory and permissive. The objective is to allow for trial on the merits whenever possible. Foot's Transfer Storage Co. v. Superior Court (1980) 114 Cal. App. 3d 897, 901. Code of Civil Procedure section 428.50 provi...
2024.11.15 Motion for Attorney Fees 255
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.11.15
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2024.11.15
Excerpt: ... are not included in costs collectible under this title unless otherwise provided by law. In this case, the lease agreement includes an attorney's fees provision. Specifically, section 40 provides: In any action or proceeding arising out of this Agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and costs, except as provided in paragraph 39A. Plaintiffs' Request for Judicial Notice , Exhibit ...