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392 Results

Location: Nevada x
2023.01.27 Motion to Strike, Demurrer 188
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2023.01.27
Excerpt: ...their contents or their proper interpretation. 1. Background Plaintiff is a corporation formed for the purpose of providing home automation services in the Verdi and Tahoe areas. Defendant is allegedly a former director, shareholder, and employee of the company. Plaintiff contends that, while Defendant was still a director, officer, and shareholder of the company, he misled customers by telling them that Plaintiff was incompetent to provide servi...
2023.01.27 Motion to Compel Further Responses, for Sanctions 594
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2023.01.27
Excerpt: ...motion is denied as moot in light of Defendant's serving of substantially compliant responses after the filing of the present motion. Plaintiff's request for monetary sanctions in connection with this motion is, however, granted as prayed. Defendant or his counsel are ordered to pay monetary sanctions in the amount of $1,560.00. Defendant's request for the Court to take judicial notice of court minutes in the San Diego Superior Court is denied. I...
2023.01.27 Motion for Preliminary Approval of Class Action Settlement 544
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2023.01.27
Excerpt: ...o more than $8,000 to the proposed settlement administrator, Phoenix Settlement Administrators (“Phoenix”). Phoenix is tasked with sending class notices and generally administering this settlement. The Court is not initially satisfied for the purposes of preliminary approval that the payment to Phoenix is reasonable and appropriate at this time. Plaintiffs have not submitted a declaration from the proposed class administrator or a copy of its...
2023.01.20 Motion to Stay Proceedings 238
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2023.01.20
Excerpt: ...estern Sierra Medical Clinic. Defendant contends that Plaintiff entered into agreements to resolve the disputed issues in mediation and then in arbitration and has filed a motion to compel arbitration set to be heard on February 3, 2023. Plaintiff has filed a motion to compel further responses, which is also pending on the same date. Defendant herein seeks to stay proceedings in this matter pending the Court's determination on its motion to compe...
2023.01.20 Motion to Set Aside Restraining Order 282
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2023.01.20
Excerpt: ...rt's order. The Court intends to set this matter for further evidentiary hearing on the issuance of a restraining order. Defendant will be permitted to file a written response to the petition. Counsel for the parties are to meet and confer in advance of the hearing to discuss agreeable dates for an evidentiary hearing. The parties shall also be prepared to address whether the reissuance of a temporary restraining order is appropriate during the p...
2023.01.20 Motion for Attorney Fees 255
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2023.01.20
Excerpt: ...are awarded attorneys' fees in the amount of $66,668.00. Costs are awarded in the amount of $7,558.83. Plaintiffs shall submit a conforming order within seven (7) days of the Court's final ruling. No appearances are required. (1) Background This case involves a dispute between former landlords and tenants. Plaintiffs brought the present action alleging that Defendants damaged the subject real property (and its contents) during their lengthy tenan...
2023.01.13 Demurrer, Motion to Strike 176
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2023.01.13
Excerpt: ...iles. (Evidence Code § 452(d).) Plaintiff is granted leave to amend and shall file an amended complaint within ten (10) days of this Court's order. Analysis (i) Legal Standard on Demurrer A demurrer is properly brought where defects appear on the face of the complaint or from a judicially noticeable matter. (Code of Civil Procedure §§ 430.10, 430.30, 432.10.) But “[w]hen any ground for objection to a complaint or cross‐complaint does not a...
2023.01.06 Motion for Summary Judgment, Adjudication 672
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2023.01.06
Excerpt: ... involves employment‐related claims brought by former employee, Plaintiff Dylan Storey (“Storey”), whom Defendant claims was terminated for legitimate reasons insofar as he was an at‐will employee with no contract of employment for a definite term. Plaintiff's primary contention is that he was induced to move from Colorado with his family by virtue of Defendant Tahoe Sierra Eye & Optical's (“TSEO”) false employment promises and that h...
2023.01.06 Motion for Preliminary Approval of Class Action Settlement 315
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2023.01.06
Excerpt: ...riefing and two supplemental declarations, including relevant attachments in support of the motion. The Court is tentatively satisfied of all of the following: (1) that the class should be provisionally certified; (2) that Class Counsel and the Class representative are appropriate for appointment; (3) that the proposed settlement agreement is fair and reasonable; (4) that the proposed class notice is adequate; (5) that the proposed cy pres recipi...
2023.01.06 Motion for Attorney Fees 283
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2023.01.06
Excerpt: ... to the reasonableness/amount of the requested fees and provides the following analytic framework as a guidepost for such argument. A. Analysis “Upon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest[.]” (Code of Civil Procedure § 1021.5.) Our high court has defined the express criteria un...
2022.12.23 Motion to Compel Further Responses 092
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.12.23
Excerpt: ...s as prayed in the amount of $2,860.00. (1) Background On or about August 2, 2022, Plaintiff served their special interrogatories set one, nos. 1‐74 (the “SROGS”) on Defendant. Plaintiff gave Defendant numerous extensions to answer the SROGS, which he ultimately did on or about October 14, 2022. Defendant objected to SROGS 36‐74 on the basis that the number propounded exceeded the maximum allowed under Code of Civil Procedure section 2030...
2022.12.23 Motion to Compel Responses, for Monetary Sanctions 361
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.12.23
Excerpt: ... made the requisite showings that discovery requests were timely propounded, the time for response has elapsed, and no answers, documents, requests for extensions, or other responses have been received. Defendant's motion to compel responses to the form interrogatories is thus granted as prayed. Defendant's motion to compel responses to requests for admissions is, for the reasons discussed more fully below, denied without prejudice. Defendant is ...
2022.12.23 Motion to Continue Trial Dates, for Extension of Discovery Cutoff Deadlines 586
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.12.23
Excerpt: ...proximately ninety (90) days will be granted. Discovery deadlines will track with the newly set trial dates as prayed. Appearances are required to set a new date for trial. The parties are to meet and confer in advance of the hearing to discuss agreeable trial dates. Motion for Continuance of Trial Dates In evaluating a motion for continuance, the Court is guided by consideration of the non‐exclusive list of factors contained in Rules of Court,...
2022.12.16 Motion to Compel Arbitration 285
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.12.16
Excerpt: ...ions. In connection with its opposition to the motion to compel, Plaintiff also brings a request for judicial notice in a pending case in the California Supreme Court: Adolph v. Uber Technologies. For the reasons discussed more fully below, Defendant's motion to compel arbitration is granted in part and denied in part. Defendant's motion to compel arbitration of Plaintiff's individual PAGA claim is granted. Defendant's motion to dismiss the repre...
2022.12.16 Demurrer 264
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.12.16
Excerpt: ...end is denied. McClain's unopposed request for judicial notice is granted in part and denied in part. A. Background The case centers on a dispute involving a 50‐foot‐wide, 435‐foot‐long gravel section of Murchie Mine Rd. to the east and west of the Stonebridge and Deer Creek Park neighborhoods (the “Easement”). There are two affected properties: one owned by the McClain Defendants (the “McClain Property”) and the other owned by th...
2022.12.09 Motion for Protective Order and Related Request for Sanctions, Demurrer to SAC 797
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.12.09
Excerpt: ...r and sanctions is continued on the Court's own motion to January 20, 2023, at 10:00 a.m., in Department 6. The Court is in receipt of Plaintiffs' counsel's declaration in support of its opposition to GVD's motion as well as its previous declarations of necessity (attached to GVD's moving papers). The Court is, however, still in need of additional information from Plaintiffs to assess whether the special interrogatories and requests for admission...
2022.12.09 Motion for Leave to File Complaint 361
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.12.09
Excerpt: ...e, mistake, neglect, or other cause, may apply to the court … to file a cross‐complaint, to assert such cause at any time during the course of the action. The court … shall grant, upon such terms as may be just to the parties, leave … to file the cross‐complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of actions. The...
2022.12.02 Motion to Vacate and Reset Trial Dates 585
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.12.02
Excerpt: ...ts own files and records in that case. For the reasons discussed more fully below, the Court finds good cause to continue the impending trial under Rule 3.1332(c)‐(d). Defendant's motion is granted and a brief continuance will be granted. Discovery cut‐off and other deadlines will track with the newly set trial dates. Appearances are required to set a new date for trial. The parties are to meet and confer in advance of the hearing to discuss ...
2022.12.02 Motion for Relief from Previous Sanction Order 787
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.12.02
Excerpt: ...vides in pertinent part: “The court may, upon any terms as may be just, relieve a party … from a judgment, dismissal, order, or other proceeding taken against him or her through … mistake, inadvertence, surprise, or excusable neglect.” For purposes of Section 473(b), the term “proceeding” is construed broadly and refers to effectively “[a]ll the steps or measures adopted in the prosecution or defense of an action.” (Zellerino v. B...
2022.12.02 Motion for Preliminary Approval of Class Action Settlement 315
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.12.02
Excerpt: .... (1) Class Administrator The Parties have agreed to an estimated payment of no more than $7,000 to the proposed settlement administrator, Phoenix Settlement Administrators (“Phoenix”). Phoenix is tasked with sending class notices and generally administering this settlement. The Court is not initially satisfied for the purposes of preliminary approval that the payment to Phoenix is reasonable and appropriate at this time. Plaintiffs have not ...
2022.12.02 Motion for Attorney Fees, to Strike or Tax Costs 045
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.12.02
Excerpt: ...endants' motion to strike or tax costs is granted in part and denied in part. As to Plaintiff's motion for attorneys' fees, it is granted as follows: Plaintiff is awarded attorney's fees in the amount of $949,592.62, consisting of a lodestar of $633,061.75 and a multiplier of 1.5. Plaintiff is also granted the additionally requested attorneys' fees incurred in connection with the present motion in the unadjusted amount of $8,704.50. As to Defenda...
2022.12.02 Demurrer, Motion to Strike SACC 699
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.12.02
Excerpt: ...lainant is granted leave to amend and must file her amended cross‐complaint within ten (10) days of this Court's order. Background Plaintiff in this matter is AFT Investors, LLC (“AFT”) and by verified complaint sues Defendants – Charles Smith, Tamara Smith, and Christine Felley (“Felley”) – for nonpayment of a written promissory note and for foreclosure on the deed of trust. AFT's complaint concerns three separate pieces of propert...
2022.11.18 Motion for Preliminary Approval of Class Action Settlement 680
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.11.18
Excerpt: ... class notice is adequate; (5) that the proposed cy pres recipients are appropriate under Code of Civil Procedure section 384; (6) that the class administrator is appropriate and the proposed costs for such administration as reasonable; and (7) that the requested attorneys' fees and costs and class incentive payment are reasonable. The motion is thus granted as prayed. Counsel is directed to provide the Court with proposed dates for a hearing on ...
2022.11.18 Motion for Leave to File FACC 661
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2022.11.18
Excerpt: ...by the court].” Procedural requirements include: (1) a copy of the proposed amended pleading; (2) a separate declaration detailing the effect of the amendment, why it is necessary and proper, when the facts giving rise to the amended allegations were discovered, and why it was not made earlier. (Ca. Rules of Court, Rule 3.1324(a)‐(b).) General guidelines governing this type of relief provide that it should be requested promptly on discovery o...
2022.11.15 Petition to Approve Settlement Agreement and Modify Trust 601
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2022.11.15
Excerpt: ...n evidentiary hearing pursuant to Probate Code section 1043 and 1046. Petitioner responded thereafter and contends that Mr. Mueller does not have standing in this matter and is therefore not entitled to the requested evidentiary hearing. The Court presently requires further briefing from the parties on the standing, right to evidentiary hearing, and other issues raised in Petitioner's response to the objection, including from Mr. Mueller and Resp...

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