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291 Results

Location: Nevada x
2021.10.22 Motion for Summary Judgment, Adjudication 766
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.10.22
Excerpt: ...not 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 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...
2021.10.22 Motion for Relief from Govt Code Sections 365
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.10.22
Excerpt: ...ceed that specified in subdivision (b) of Section 911.4 and was denied or deemed denied pursuant to Section 911.6 and that one or more of the following is applicable: (1) The failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect unless the public entity establishes that it would be prejudiced in the defense of the claim if the court relieves the petitioner from the requirements of Section 945.4�.� �T...
2021.10.22 Demurrer 664
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.10.22
Excerpt: ...ee of the government was negligent in his/her actions, so as to permit vicarious liability against the City, such employee must be named or referred to and that individual�s specific negligent conduct must be alleged. As to �Count Three� of the Premises Liability cause of action, the demurrer is overruled. This cause of action for premises liability is statutorily permissive. Moreover, the Judicial Council form is adequately completed. Any ...
2021.10.22 Application for Right to Attach Order and Writ of Attachment 797
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.10.22
Excerpt: ...ue instead a temporary protective order under the provision regarding such orders if it determines that the requirements of the statute regarding issuance of the order and writ are satisfied but that the issuance of the temporary protective order instead of the right to attach order and writ would be in the interests of justice and equity to the parties, taking into account the effect on the defendant of issuing a writ of attachment ex parte, the...
2021.10.08 Demurrer 588
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.10.08
Excerpt: ...djudicated, as domestic violence restraining order cases have different elements than claims for assault or battery. Plaintiff is granted leave to amend to clarify the claim presented herein. Further, to the extent assault or battery is set forth, all required elements must be clearly and succinctly set forth. As to the second cause of action for defamation, Plaintiff must clearly allege the following elements: 1. Intentional publication by defen...
2021.09.24 Motion to Bifurcate, for Judgment on the Pleadings 846
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.09.24
Excerpt: ...erance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action . . . or of any separate issue or of any number of causes of action or issues . . . .� (Italics added). Code of Civil Procedure section 598 allows a party to seek an order �that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereo...
2021.09.24 Motion for Summary Judgment 933
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.09.24
Excerpt: ...h 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 (2008) 158 Cal...
2021.09.24 Motion for Attorney Fees 286
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.09.24
Excerpt: ...sonable fee generally �begins with the �lodestar,� i.e., the number of hours reasonably 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 nat...
2021.09.24 Demurrer 036
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.09.24
Excerpt: ...tion, the demurrer is sustained with leave to amend. All claims are premised on the assertion that the driver �negligently and violently� struck Plaintiff. However, Plaintiff has not alleged what act or omission constituted such negligence. For example, Plaintiff has not alleged that the driver was speeding, the vehicle was not properly maintained, that the driver was not trained in the use of the vehicle, etc. Plaintiff must set forth more t...
2021.09.17 Anti-SLAPP Motion to Strike 425
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.09.17
Excerpt: ...onally, while the dismissal does make the Anti-Slapp Motion to Strike moot, the Defendants may nonetheless be entitled to recover attorney�s fees. See Wilkerson v. Sullivan (2002) 99 Cal.App.4th 443. Anti-SLAPP Motion to Strike Defendants Brian Warren and Patricia Warren�s Motion to Strike Pursuant to CCP Section 425.16, and Defendant Sinclair�s Joinder in such motion, are dropped as moot given the entry of the dismissal set forth above. Ho...
2021.09.10 Demurrer 050
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.09.10
Excerpt: ...y includes information about the state rental assistance program. Plaintiff has not alleged that such notice was given or that Plaintiff began the process for the rental assistance program. Additionally, new and detailed 15-day notices to pay rent or quit or to perform covenants or quit must be served for any notice that demands payment of COVID-19 rental debt (under Civil Code � 798.56(e); � 1161, para. (2) or (3)), rather than the generally...
2021.09.10 Demurrer 564
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.09.10
Excerpt: ...or breach of good faith and fair dealing, the demurrer is sustained with leave to amend. Such cause of action arises from the terms of the underlying agreement. Plaintiffs have failed to allege how Defendant allegedly interfered with the express terms of the Deed of Trust. As to the third cause of action for cancellation of instruments, the demurrer is overruled. Plaintiffs have alleged that the amount set forth on the NOD was improperly calculat...
2021.09.10 Motion for Summary Adjudication 045
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.09.10
Excerpt: ...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, material issue of fact. Su...
2021.08.20 Motion to Strike 287
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.08.20
Excerpt: ...inds that the prior allegations sufficiently include facts related to trade secrets. As such, the adding of this cause of action without leave of court is permissible. Defendant Dronitek�s Motion to Strike paragraph 30 as against Dronitek is denied. Because Plaintiff has made alter ego allegations, in that there is unity of ownership and interests between Morris and Dronitek, the damages sought may be awarded against Dronitek by a jury if the a...
2021.08.20 Motion for Summary Judgment, Adjudication 612
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.08.20
Excerpt: ...r 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 apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party s...
2021.08.20 Demurrer 489
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.08.20
Excerpt: ... of being performed, such argument can be asserted as an affirmative defense. As to the second cause of action for common counts, the complaint alleges that money was lent by plaintiff to defendant at defendant�s request and that the sum of $25,000 remains unpaid. All necessary elements have been pled. As to the third cause of action for fraud, Plaintiff has alleged that Defendants stated that they would repay the money, but never intended to r...
2021.08.13 Demurrer, Motion to Expunge Lis Pendens 424
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.08.13
Excerpt: ... paid taxes on the land. Mehdizadeh v. Mincer (1996) 46 Cal. App. 4th 1296, 1305; Silacci v. Abramson (1996) 45 Cal. App. 4th 558, 562. There is no requirement that there be actual knowledge to the owner; rather, such use shall be open and notorious. This allegation is set forth, as well as all other elements. Motion to Expunge Defendants� Motion to Expunge Lis Pendens is denied. The complaint at issue clearly affects title to, or the right to ...
2021.08.13 Demurrer 058
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.08.13
Excerpt: ...nlawful detainer actions may be brought by an owner�s agent, this Court cannot determine if Plaintiff is an agent of the owner. Such issue is a factual question, inappropriate for demurrer. An Answer must be served and filed by August 18, 2021. Trial is hereby set for August 23, 2021, at 2:00 pm in Dept. 6. ...
2021.08.06 Motion to Compel Further Responses 940
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.08.06
Excerpt: ... gate was locked, from the date of its installation to January 2021. The court finds the request is not overbroad or burdensome. As to RPD 3, the motion is granted in part. Defendant shall provide responses and responsive documents relating to the easement provided to Defendant by Ann Armstrong in her capacity as prior owner of the property, not as an attorney involved in prior litigation. As to RPD 4, the motion is granted in part. Defendant sha...
2021.07.30 OSC Re Preliminary Injunction 412
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.07.30
Excerpt: ...l prevail on 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. ��The granting or denial of a preliminary injunction does not amount to an adjudication of the ultimate rights in controvers...
2021.07.30 Motions for Summary Judgment, Adjudication 102
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.07.30
Excerpt: ...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 the existen...
2021.07.30 Demurrer, Motion to Expunge Lis Pendens 424
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.07.30
Excerpt: ...ff paid taxes on the land. Mehdizadeh v. Mincer (1996) 46 Cal. App. 4th 1296, 1305; Silacci v. Abramson (1996) 45 Cal. App. 4th 558, 562. There is no requirement that there be actual knowledge to the owner; rather, such use shall be open and notorious. This allegation is set forth, as well as all other elements. Motion to Expunge Defendants� Motion to Expunge Lis Pendens is denied. The complaint at issue clearly affects title to, or the right t...
2021.07.30 Demurrer 398
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.07.30
Excerpt: ...pplication was complete is a question of fact, inappropriate for demurrer. As to the argument that Plaintiff fails to state a cause of action pursuant to the COVID-19 Relief Act, the demurrer is sustained with leave to amend. Plaintiff has failed to allege that he was current on payment as of February 1, 2020, and that he was experiencing a financial hardship due to COVID-19. As to the negligence cause of action, the demurrer is sustained with le...
2021.07.26 Application for Relief from Order for Sale of Dwelling 086
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2021.07.26
Excerpt: ...ty. That judgment is on appeal. However, such judgment is not stayed by the filing and pendency of the appeal. Pursuant to CCP section 916.1, a money judgment is not stayed during an appeal unless an undertaking has been posted. An undertaking is required to stay enforcement of an order which directs payment of money or delivery of personal property and is required in dissolution proceedings pending appeal. In re Marriage of Thompson (1979) 96 Ca...
2021.07.26 Anti-SLAPP Motion to Strike 783
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2021.07.26
Excerpt: ...ight 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 the liability or defense is based. CCP � 425.16(b)(2). Only eviden...

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