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1462 Results

Location: Placer x
219.8.30 Petition for Writ of Mandate 098
Location: Placer
Judge: Jones, Michael W
Hearing Date: 219.8.30
Excerpt: ...City of Auburn's answer to the petition filed December 13, 2018, is deemed the answer to the petition as verified June 15, 2019. The court sustains petitioner's objections to Exhibit A of the request for judicial notice, and the declaration of Jon R. Di Cristina. Respondent City of Auburn's request for judicial notice is denied as to Exhibit A, and granted as to Exhibit B. Petitioner Z Brothers Investment, LLC petitions for a writ of administrati...
2024.07.09 Motion to Seal 323
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.07.09
Excerpt: ...Dolmo Labeled e xemplars of expert witness Nanette M. Barto, CQDE Scott A. Miller's declaration in support of summary judgment or adjudication of his 2nd amended complaint upon Bess -Carolina Dolmo Petitioners' separate statement in support of summary judgment (or summary adjudication in the alternative) on defendant Bess- Carolina Dolmo to Petitioners 2nd amended complaint The court finds based on the moving papers and supporting documents that...
2024.07.09 Demurrer to FAC 263
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.07.09
Excerpt: ...the described con duct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, “[i]f the allegations in the complaint conflict with the exhibits, we rely on and accept as true the contents of the exhibits.” (SC Manufactured Homes, Inc. v. Liebert (2008)...
2024.07.09 Demurrer 841
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.07.09
Excerpt: ...the plaintiff 's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, “[i]f the allegations in the complaint conflict with the exhibits, we rely on and accept as true the contents of the exhibits.” (SC...
2024.07.09 Application for Writ of Possession 153
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.07.09
Excerpt: ...ment shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the de tention. (3) A particular description of the property and a statement of its value. (4) A statement, according to the best knowledge, information, and belief of the plaintif...
2024.07.02 Motion to Compel Arbitration 941
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.07.02
Excerpt: ...sputes arising from or related to this Agreement or to your rights, obligations, care, or services at the Community shall be resolved by submission to neutral, binding arbitration in accordance with the Federal Arbitration Act.” (Hall Dec'l, Ex. A, p. 25.) Plaintiff, on the other hand, contends Janet White did not have authority to enter the arbitration agreement on his behalf. Plaintiff designated Janet White as his healthcare power of attorne...
2024.07.02 Motion for Terminating Sanctions 529
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.07.02
Excerpt: ...based in part on defendant's failure to comply with the court's prior orders compelling discovery responses by no later than April 30, 2024 (ruling on submitted matter, filed Apr. 3, 2024 [granting plaintiff's motion to compel further responses to special and form interrog atories and plaintiff's motion to compel further responses to requests for production of documents and production of responsive documents]) and in part on defendant's failure ...
2024.07.02 Motion for Summary Judgment, Adjudication 333
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.07.02
Excerpt: ...ce references a defendant “Robert E. Jennings.” As there is no such party to this action, the court understands this as a mere clerical error. Ruling on the Motion A party is entitled to bring a motion for summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) A plaintiff has the burden of showing, by affidavit, facts establish...
2024.07.02 Demurrer, Motion to Strike 463
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.07.02
Excerpt: ...ff lacks standing to bring the action; the causes of action are time barred; plaintiff has not joined necessary and indispensable parties; and the judicial deference rule precludes defendant's liability. A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true ...
2024.07.02 Demurrer to SAC 523
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.07.02
Excerpt: ... the accuracy of t he described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) The court may only refer to ma...
2024.07.02 Application for Writ of Possession 975
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.07.02
Excerpt: ...tached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention. (3) A pa rticular description of the property and a statement of its value. (4) A statement, according to the best knowledge, information, and belief of the plaintiff, of the locati...
2024.06.27 Motion for Reconsideration and Clarification of Ruling 669
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2024.06.27
Excerpt: ...tion is denied. A motion for reconsideration may be granted where the party makes a sufficient showing that there are facts, circumstances, or law not previously considered and there is a valid reason for not previously offering it earlier. (Code of Civil Procedure secti on 1008(a); Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500.) Respondent's burden here is comparable to that of a new trial motion, the new or different information must b...
2024.06.27 Motion to Compel Deposition 932
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2024.06.27
Excerpt: ...ed in part. Def endant/cross-complainant's motion is granted as to the request to compel the deposition of Dennis Socolean. (Code Civ. Proc. § 2025.450, subd. (a).) Dennis Socolean shall make himself available for deposition on or before August 30, 2024. Defendant/cro ss-complainant's motion is denied as to the request for monetary sanctions because Dennis Socolean acted with substantial justification in not attending the deposition. (Code Civ....
2024.06.25 Petition for Writ of Mandate 597
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.06.25
Excerpt: ...t to inspect and copy corporate records pursuant to their rights as shareholders and directors pursuant to Corporations Code sections 1601 and 1602. Respondent has not submitted an answer or any briefing. In support of their verified petition, petitioners submit evide nce all three petitioners are current shareholders of respondent company, collectively owning nineteen percent of respondent's outstanding stock. (Massey Decl., ¶ 4.) Petitioners...
2024.06.25 Motion to Strike FAC 657
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.06.25
Excerpt: ...is for punitive d amages. (Code Civ. Proc. §§ 435, 436.) The FAC, to state a prima facie claim for punitive damages, must set forth the elements as stated in Civil Code section 3294. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63.) T hus, punitive damages are available “where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice.” (Civ. Code § 32...
2024.06.25 Motion for Summary Judgment, Adjudication 155
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.06.25
Excerpt: ...he moving par ty is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) A plaintiff has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in its favor. (Code Civ. Proc., § 437c, subd. (p)(1); Consumer Cause, Inc. v. SmileCare (2001) 91 Cal.App.4th 454, 468.) A defendant has the burden of showing that one or more elements of a cause of action cannot be established or ...
2024.06.25 Motion for Enforcement Costs 965
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.06.25
Excerpt: ...1.72 from prepa ring the December 15, 2022 appeal and the December 20, 2022 appeal. Preliminary Matters The moving papers were filed May 22, 2023 but the hearing was continued a number of times given appeals then pending with the Appellate Division (the December 15, 2022 appeal and the December 20, 2022 appeal). On February 22, 2024, the Appellate Division issued an opinion in each appeal affirming. The Appellate Division issued remittiturs on M...
2024.06.25 Application for Writ of Possession 517
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.06.25
Excerpt: ...strument shall be att ached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention. (3) A particular description of the property and a statement of its value. (4) A statement, according to the best knowledge, information, and belief of the plai...
2024.06.20 Motion to Continue Trial 932
Location: Placer
Judge: Dehr, Christine S
Hearing Date: 2024.06.20
Excerpt: ...d. The par ties are to report to Jury Services/Master Calendar. The parties shall contact Jury Services/Master Calendar the Friday prior to trial, between 1:00 p.m. and 3:00 p.m. for further assignment information. The civil trial conference is continued to Friday , November 15, 2024, at 8:30 a.m. in Department 3. The parties are referred to Placer Court Local Rules 20.4 and 20.1.11 for more information as to what is expected to be presented at t...
2024.06.20 Demurrer to SAC 284
Location: Placer
Judge: Dehr, Christine S
Hearing Date: 2024.06.20
Excerpt: ...al Materi als Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 59 7, 603.) The court reviews the challenged portions of the SAC keeping this in mind. The demurrer is sustained in its entirety without leave to amend as to plaintiffs Salvador Ordonez, ...
2024.06.18 Petition for Writ of Mandate 157
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.06.18
Excerpt: ... Placer County cas e number 1126: the information filed July 22, 1988, order granting probation and judgment, the abstract of judgment filed July 16, 1990, the reporter's transcript (“RT”) of the preliminary hearing, and the RT of the change of plea. On November 3, 1989, in Placer County case number 1126, petitioner pleaded no contest to one count of sexual battery, a violation of Penal Code section 243.4, a felony; and one count of contrib...
2024.06.18 Motion to Compel Compliance with Business Records Subpoena, for Monetary Sanctions 119
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.06.18
Excerpt: ...id. Code § 1035.8. ) Thus, victims of sexual assault have “a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a sexual assault counselor if the privilege is claimed by any of the following: (a) the holder of the privilege; (b) a person who is authorized to claim the privilege by the holder of the privilege; or (c) the person who was the sexual assault counselor at the...
2024.06.18 Demurrer to FAC 908
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.06.18
Excerpt: ... instant demurre r. Oral argument was requested and heard and the court adopted its tentative ruling. During the May 21, 2024 hearing, there were some technical difficulties. Subsequently, the court vacated the May 21, 2024 order adopting the tentative ruling and placed th is matter back on calendar for continued oral argument. 3 Evidentiary Rulings Defendant's request for judicial notice is granted. As to Exhibits 1 and 3, however, the court tak...
2024.06.18 Application for Right to Attach Order and Writ of Attachment 537
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.06.18
Excerpt: ...evy by cross- defendant absconding to Mexico. To obtain a right to attach order, cross - complainant has the burden of proving four elements: “(1) The claim upon which the attachment is based is one upon which an attachment may be issued; (2) The [cross -complainant] has establi shed 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 the claim upon whi...
2024.06.06 Motion to Compel Arbitration and Stay Litigation 130
Location: Placer
Judge: Dehr, Christine S
Hearing Date: 2024.06.06
Excerpt: ...on under both the Federal Arbitration Act (FAA) and the California Arbitration Act (CAA). The court previously denied the motion without prejudice in light of defendant's failure to submit sufficient documentary evidence to meet its initial burden. Specifically, the s upporting declarations submitted with the moving papers did not sufficiently establish the parties entered into a valid arbitration agreement. Defendant attempted to remedy this de...

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