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Location: Nevada x
2021.05.07 Demurrer, OSC Re Preliminary Injunction 237
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.05.07
Excerpt: ...@NCCOURT.NET Demurrer Defendant�s Demurrer to the third cause of action for intentional interference with contract is sustained with leave to amend. Plaintiff must plead the contracts and parties involved in the contracts that were purportedly interfered with. Defendant�s Demurrer to the fourth cause of action for intentional interference with prospective economic advantage is sustained with leave to amend. As currently pled, the claim allege...
2021.04.30 Motion for Summary Judgment 286
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.04.30
Excerpt: ...ING: NCCOUNTER@NCCOURT.NET Plaintiff�s Motion for Summary Judgment is granted. Requests for Judicial Notice California State Grange�s Request for Judicial Notice filed February 10, 2021, is granted in its entirety. Banner Guild�s Request for Judicial Notice filed April 19, 2021, is granted in its entirety. Objections to Evidence Defendant�s Objections to Evidence filed on April 19, 2021, are sustained as to: 1 (legal conclusion); 5 (legal...
2021.04.23 OSC Re Preliminary Injunction 321
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.04.23
Excerpt: ...CCOURT.NET Plaintiff�s OSC re Preliminary Injunction is granted in part. The elements generally applicable to a request for injunctive relief are as follows: (1) a balancing of the hardships (i.e., plaintiffs are likely to suffer more injury from denying of the injunction than defendants are likely to suffer from granting); and (2) a reasonable probability that plaintiffs will prevail on the merits. Baypoint Mortg. Corp. v. Crest Premium Real E...
2021.04.23 Motion for Summary Adjudication 601
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.04.23
Excerpt: ...ive ruling is issued by Judge Linda Sloven. If oral argument is requested, such oral argument shall be heard on Thursday, April 22, 2021, at 1:00 pm in Dept. 6. Mueller�s Motion for Summary Adjudication is denied. Standard of Review The function of a motion for summary judgment or 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 dis...
2021.04.09 Demurrer 962
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.04.09
Excerpt: ...ING: NCCOUNTER@NCCOURT.NET Defendant�s Demurrer to the Complaint is sustained with leave to amend in part and overruled in part. As to both the cause of action for breach of fiduciary duty and breach of duty to disclose, the demurrer is overruled as to the argument relating to agency relationship as to both properties. Defendant contends that broker Muriel only represented Plaintiffs relating to the Peacock property and that Plaintiffs improper...
2021.04.09 Application for Writ of Attachment 044
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.04.09
Excerpt: ...OUNTER@NCCOURT.NET Plaintiff�s Application for Writ of Attachment is denied. In order to grant an order for attachment, the court must find, pursuant to CCP section 484.090: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than the recovery on...
2021.03.26 Demurrer 489
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.03.26
Excerpt: ...CCOUNTER@NCCOURT.NET Defendants Ireton and Your Town�s Demurrer to the First Amended Complaint is sustained with leave to amend in part and overruled in part. As to the first cause of action for breach of contract, as it relates to Defendant Ireton, the demurrer is sustained with leave to amend. Plaintiff has not pled any contract existed between Plaintiff and this moving defendant. To the extent Plaintiff intends to assert alter ego, Plaintiff...
2021.03.26 Application for Writ of Attachment 044
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.03.26
Excerpt: ...CCOUNTER@NCCOURT.NET Plaintiff�s Application for Writ of Attachment is denied. In order to grant an order for attachment, the court must find, pursuant to CCP section 484.090: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than the recovery ...
2021.03.12 Application for Writ of Attachment 044
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.03.12
Excerpt: ...COUNTER@NCCOURT.NET Plaintiff�s Application for Writ of Attachment is denied. In order to grant an order for attachment, the court must find, pursuant to CCP section 484.090: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than the recovery o...
2021.03.08 Motion for Summary Judgment 602
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2021.03.08
Excerpt: ...or 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.App.4th 983, 994; Hinesley v. Oak...
2021.03.05 Motion to Strike Termination Allegations 374
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.03.05
Excerpt: ...OUNTER@NCCOURT.NET (1) Dignity and Brown�s Motion to Strike Termination Allegations Defendants� Motion to Strike Termination Allegations is denied. First, this motion is denied on procedural grounds. A motion to strike must be filed within the time allowed to response to a pleading. CCP 435(b)(1). Here, the Amended Complaint was filed on 4/18/19 and the present motion was not filed until 2/5/21, well outside the time in which to file a respon...
2021.03.05 Demurrer, Motion to Strike 651
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.03.05
Excerpt: ...NCCOURT.NET Demurrer Defendants� Demurrer to the Complaint is overruled. Civil Code section 798.84 requires a homeowner to give notice to management at least 30 days prior to filing an action. As stated in section (b): The notice shall be in writing, signed by the homeowner or homeowners making the allegations, and shall notify the management of the basis of the claim, the specific allegations, and the remedies requested. A notice by one homeow...
2021.02.26 Motion to be Relieved as Counsel 220
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.02.26
Excerpt: ...@NCCOURT.NET Mr. Diamond�s unopposed Motion to be Relieved as Counsel for Nye and Kacey Petros is granted. This order shall become effective upon filing proof of service of the signed order after hearing on client and opposing counsel. Plaintiff David Fischer�s Motion for Preliminary Injunction is denied. The elements generally applicable to a request for injunctive relief are as follows: (1) a balancing of the hardships (i.e., plaintiffs are...
2021.02.26 Demurrer 659
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.02.26
Excerpt: ...OURT.NET Defendants� Demurrer to the Second Amended Complaint is sustained with leave to amend. As to the third cause of action for fraud/intentional misrepresentation, the demurrer is sustained with leave to amend. The cause of action fails because it is not pled with specificity: how, when, where, to whom, and by what means. Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73. Claims against a corporation must include the names of the persons ...
2021.02.19 Demurrer 659
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.02.19
Excerpt: ...OURT.NET Defendants� Demurrer to the Second Amended Complaint is sustained with leave to amend. As to the third cause of action for fraud/intentional misrepresentation, the demurrer is sustained with leave to amend. The cause of action fails because it is not pled with specificity: how, when, where, to whom, and by what means. Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73. Claims against a corporation must include the names of the persons ...
2021.02.17 Demurrer 693
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2021.02.17
Excerpt: ...o the first cause of action for Unfair Competition, the demurrer is overruled. Plaintiff has adequately pled his standing in that he alleged he lost money because defendant charged for, but failed to collect the waste. Moreover, causation is properly pled because Plaintiff alleges that he paid for services which were not rendered and his billings had concealed information. The claim is also pled with particularity. The �unfair� prong was prop...
2021.02.05 Motion for Judgment on the Pleadings 630
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.02.05
Excerpt: ...TER@NCCOURT.NET Motion for Judgment on the Pleadings Defendants� Motion for Judgment on the Pleadings as to the Complaint is denied. Defendants contend that the cause of action for declaratory relief is barred by the four year statute of limitations for breach of contract. The contract at issue was signed and purportedly breached in 2012, but the present action was not filed until 2020. However, the claim for declaratory relief is not a breach ...
2021.01.29 Motion for Summary Judgment, Adjudication 158
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.01.29
Excerpt: ...OURT.NET Defendant Haines� Motion Defendant Haines� Motion for Summary Judgment has been dropped by the moving party. Defendants Reed, McCarthy, Reddy, Joves, and Spine & Nerve�s Motion Defendants� Motion for Summary Judgment is denied. The Alternative Motion for Summary Adjudication is likewise denied. The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evi...
2021.01.29 Motion for Preliminary Injunction 220
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.01.29
Excerpt: ...NCCOURT.NET Plaintiff David Fischer�s Motion for Preliminary Injunction is denied. The elements generally applicable to a request for injunctive relief are as follows: (1) a balancing of the hardships (i.e., plaintiffs are likely to suffer more injury from denying of the injunction than defendants are likely to suffer from granting); and (2) a reasonable probability that plaintiffs will prevail on the merits. Baypoint Mortg. Corp. v. Crest Prem...
2021.01.28 Motion to Strike Punitive Damages 692
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2021.01.28
Excerpt: .... While Plaintiff alleges that he has filed the present action as a derivative claim on behalf of the corporation and shareholders, no such allegations are set forth in the claim. Any amended complaint must be served and filed by February 4, 2021. 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) 362-4309 by 4:00 p.m. the cour...
2021.01.22 Petition to Compel Accounting and Surcharge 601
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.01.22
Excerpt: ...URT.NET This tentative ruling is issued by Judge Linda Sloven. If oral argument is requested, such oral argument shall be heard on Friday, January 22, 2021, at 1:30 pm in Dept. 2. (1) Zahnleuter�s Petition to Compel Accounting & Surcharge Previously, Judge Tamietti granted the petition to compel Thomas Mueller to file an accounting. Such accounting has been filed. Judge Tamietti reserved on the issue of surcharging Thomas Mueller. The court now...
2021.01.15 Motion to Compel Arbitration 630
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.01.15
Excerpt: ...NTER@NCCOURT.NET Plaintiffs/Cross-Defendants� Motion to Compel Arbitration of Cross-Complaint is granted. The complaint in this action was filed on March 26, 2020. The original cross-complaint was filed on May 29, 2020, and did not include any cause of action as it relates to specific performance of the arbitration provision. However, the first amended cross-complaint was filed on August 10, 2020. In such cross-complaint, the second cause of ac...
2021.01.15 Motion for Summary Judgment 869
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.01.15
Excerpt: ...NCCOURT.NET Defendant USAA�s Motion for Summary Judgment is granted. Standard of Review The function of a motion for summary judgment or 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, court...
2021.01.15 Motion for Reconsideration 045
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.01.15
Excerpt: ...COURT.NET Plaintiff�s Motion for Reconsideration is denied. "A motion for reconsideration may only be brought if the party moving for reconsideration can offer 'new or different facts, circumstances, or law' which it could not, with reasonable diligence, have 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. (200...
2021.01.15 Demurrer 887
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.01.15
Excerpt: ...NCCOURT.NET Demurrer Cross-Defendant County�s Demurrer to the �Counter Claim� is sustained with leave to amend. The sole cause of action set forth in the purported cross-complaint is for declaratory relief. In such cross-complaint, Cross-Complainant Engstrom challenges the Governor�s health directives and stay at home orders as unconstitutional. Cross-Complainant seeks relief against a non-party, the Governor of California. As the Governo...

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