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498 Results

Location: Nevada x
2021.11.05 Motion for Summary Judgment 953
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.11.05
Excerpt: ...Labs., Inc. (1990) 222 Cal.App.3d 379, 384, 387). Here, Plaintiff failed to file a Separate Statement of Undisputed Material Facts with supporting evidence. The only evidence filed in support of the motion is a two-page declaration with unauthenticated documents attached to it. The motion is procedurally and substantively defective. As such, the motion is denied. Defendant�s Motion for Summary Judgment Defendant�s Motion for Summary Judgment ...
2021.11.05 Motion for Attorney Fees 698
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.11.05
Excerpt: ...d 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 nature of the fee award�.� Graciano v. Robinson Ford Sales, Inc. (2006) 144 Cal.App.4th 140, 154. Trial courts properly may use equitable considerations to reduce t...
2021.11.05 Motion for Summary Judgment 280
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.11.05
Excerpt: ... 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 existence...
2021.10.29 Motion for Summary Judgment 309
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.10.29
Excerpt: ...01) 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; McGarry v. Sax (...
2021.10.29 Demurrer 763
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.10.29
Excerpt: ...ession for which a license is required under this code governing the department or any board, bureau, commission, committee, or program within the department, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract for which a license is required without alleging and proving that he or she was duly licensed at all times du...
2021.10.29 Demurrer 164
Location: Nevada
Judge: Nevada City Courtrooms
Hearing Date: 2021.10.29
Excerpt: ...pecificity: how, when, where, to whom, and by what means. Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73. As to the fourth cause of action for negligent misrepresentation, the demurrer is overruled. Negligent misrepresentation is a claim for negligence. Cross-complainants have adequately alleged all elements. As to the fifth cause of action for constructive fraud, the demurrer is sustained with leave to amend. Cross- complainants have failed ...
2021.10.25 Demurrer 853
Location: Nevada
Judge: Truckee Courtrooms
Hearing Date: 2021.10.25
Excerpt: ...court finds that the element of reliance and all other elements are properly pled. The demurrer to the seventh cause of action for conversion is sustained with leave to amend. Plaintiff must allege what property was converted. The demurrer to the eighth cause of action for wrongful eviction is overruled. Plaintiff has pled both ownership and tenancy in the alternative. Moreover, Plaintiff has alleged he moved onto the property and had a possessor...
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 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...
2021.09.24 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 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 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...
2021.09.17 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 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...
2021.09.10 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 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...
2021.08.20 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. ...

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