Excerpt: ...n 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. �[I]t is appropriate to deny an injunction where there is no showing of reasonable probability of success, even though the foreclosure wi...

Excerpt: ...ass Valley SH�s principal place of business is in Contra Costa County. Thus, Contra Costa County is the appropriate venue. Defendants� request for attorney�s fees under CCP �396b(b) is denied. As a corporation may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the where the breach occurs, Nevada County may have been an appropriate forum. The court finds no bad faith ...

Excerpt: ...ing herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. 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) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. ...

Excerpt: ...d as it relates to those responses. It was timely filed within 45 days of service of the responses. If discovery was, in fact closed as Plaintiff argues here, then Plaintiff would not have served responses in the first place. The motion is granted as to number 57 and 59. Plaintiff�s responses were non-responsive to the direct question queried. The motion is denied as to the remaining requests. As to those seeking damages, the interrogatories di...

Excerpt: ...�s reliance on CCP �2033.030 does not apply, as the discovery served were Form Interrogatories, not Requests for Admissions. Further, CCP �94 does not apply, as this is not a limited civil case. To the extent Defendant intended to rely on CCP �2030.030, which limits interrogatories to 35 in number, that provision only applies to Special Interrogatories, not Form Interrogatories. While the Court is cognizant of the difficulties a party fac...

Excerpt: ...erein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. 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) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any a...

Excerpt: ... of Court 3.1312 and is thereafter to prepare, file and serve notice of order. 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) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. Cal...

Excerpt: ...nt no bar to claims re express indemnity agreements); Weil & Brown, Cal. Prac. Guide: Civ. Pro Before Trial (The Rutter Group 2010) ��12:910 and 12:925. Judges� have limited discretion in ruling upon a motion for good faith settlement, and the rulings must be made �in view of the equitable goals of the statute, in conformity with the spirit of the law and in a manner that serves the interests of justice�, and must serve the goals of �...

Excerpt: ...ving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. 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) 265-1380 by 4:00 p.m. the court day before the hearing. If you ...