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1615 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...
2025.02.13 Motion for Summary Judgment, Adjudication 070
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.02.13
Excerpt: ... negligence a nd premises liability. A motion for summary judgment may be granted if “all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc. § 437c, subd. (c).) This is compared to summary adjudication that requires a showing that there is no merit to one or more of the causes of action. (Id. at § 437c, subd. (f)(1).) A motion ...
2025.02.13 Demurrer to SAC 304
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.02.13
Excerpt: ...e eight causes of action alleged and is uncertain. 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 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 a...
2025.02.13 Demurrer 840
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.02.13
Excerpt: ...atter 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) 162 Cal.App.4th 68, 83.) The court, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Envi...
2025.02.13 Motion to Enforce Settlement 730
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.02.13
Excerpt: ...n, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) The court's role is to determine “whether the parties entered into a valid and binding settlement.” (Terry v. Conlan (2005) 131 Cal.App.4th 1445, 1454.) The court “may receive evidence, determine disputed facts, and enter the terms of a settlement agreement.” (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810.) However, a cour...
2025.02.11 Special Motion to Strike 579
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2025.02.11
Excerpt: ...e of Civil Procedure section 425.16. The petition alleges GarbolinoMojica acted without authorization and in violation of the California Administrative Procedures Act, that Garbolino -Mojica's report and findings were incorrect and not supported by the evidence, and that Garbolino -Mojica failed to apply the correct standard before finding Ross misused funds. The petition seeks an order setting aside GarbolinoMojica's report and for declaratory r...
2025.02.11 Demurrer to FAC 531
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2025.02.11
Excerpt: ...Code of Civil Pro cedure section 430.10(g). It appears this is a clerical error as this is not an action based on contract and defendants do not advance any arguments thereto. Defendants' request for judicial notice is granted. Ruling on the Motion A party may demur where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) A demurrer tests the legal sufficiency of the pleadings, n...
2025.02.11 Demurrer to FAC 499
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2025.02.11
Excerpt: ...orthcoming. However, a review of the court file reveals no such application has been filed or even reserved for hearing. Defense counsel is directed to forthwith file an application for admission pro hac vice if Ms. Chung is to have continuing involvement in this case. A party may demur where the court has no jurisdiction of the subject of the cause of action alleged or when a pleading does not state facts sufficient to constitute a cause of acti...
2025.02.06 Demurrer to TAC 702
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.02.06
Excerpt: ..., not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) A pleading is “uncertain” if it is ambiguous and unintelligible. (Code Civ. Proc. § 430.10, subd. (f).) 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 t...
2025.02.06 Demurrer 352
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.02.06
Excerpt: ... for promissory estoppe l, and tenth cause of action for violation of Business and Professions Code section 17200, et seq. 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 no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structur...
2025.02.06 Demurrer to FAC 442
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.02.06
Excerpt: ...ations in the ple ading 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) 162 Cal.App.4th 68, 83.) The court, however, does not accept the truth of contentions...
2025.02.06 Motion for Judgment on the Pleadings 518
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.02.06
Excerpt: ...e court sets an OSC re: representation for Monday, April 7, 2024, at 3:30 p.m. in Department 40 to determine whether Therapeutic Herbal Company, LLC will retain counsel to represent it in this litigation. Ruling on Motion Defendant moves for judgment on the pleadings as to the entirety of the first amended complaint pursuant to Code of Civil Procedure section 438. Defendant, as the moving party, may move for judgment on the pleadings if either (1...
2025.02.06 Motion to Compel Arbitration and Stay Proceedings 814
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.02.06
Excerpt: ...e court. (Sou thland Corp. v. Keating (1984) 465 U.S. 1, 16; Main v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1977) 67 Cal.App.3d 19, 24, disapproved of on other grounds in Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394.) The arbitration statutes evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 69...
2025.02.06 Motion to Seal 874
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.02.06
Excerpt: ...t establish: (1) an overriding interest that overcomes the public's right to access, (2) an overriding interest supporting sealing the record, (3) a substantial probability that the overriding interest will be prejudiced if the record is not sealed, (4) the sealing of the record is narrowly tailored, and (5) there are no less restrictive means to achieve the overriding interest. (Cal. Rules of Court, Rule 2.550, subd. (d).) This rule applies to s...
2025.02.04 Special Motion to Strike 921
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2025.02.04
Excerpt: ...lance are overruled. Ruling on the Motion A motion brought under Code of Civil Procedu re section 425.16, also known as an antiSLAPP motion, is a procedural remedy designed to dispose of lawsuits that are brought 20 primarily to chill the valid exercise of a party's constitutional right of petition or free speech. (Code Civ. Proc., § 425.16, subd. (a); see also Sylmar Air Conditioning v. Pueblo Contracting Svcs., Inc. (2004) 122 Cal.App.4th 1049...
2025.02.04 Petition for Relief from Government Code Section 945.4 145
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2025.02.04
Excerpt: ...e application of the discovery rule while also arguing the court should relieve petitioners from submitting their claim to the City of Roseville because of “mistake, inadvertence, surprise, or excusable neglect.” However, it is only the latter issue that is before this court. As respondents correctly point out, this 23 court has no jurisdiction on a petition for relief from the claims presentation requirement to determine whether petitioners'...
2025.02.04 OSC Re Preliminary Injunction 389
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2025.02.04
Excerpt: ...t may grant a preliminary injunction when it appears from the complaint plaintiff is entitled to the demanded relief and plaintiff would suffer irreparable injury if the enjoined action were allowed to proceed. (Code Civ. Proc., § 526, subd. (a).) In making this determination, “the court must consider whether the party seeking the injunction is likely to prevail on the merits” and balances the relative harm to the parties. (Mitsui Manufactur...
2025.02.04 Motion to Set Aside Judgment 894
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2025.02.04
Excerpt: ...he judgment is inconsistent with or unsupported by a special verdict. (Code Civ. Proc., § 663.) A party moving for relief under Section 663 must file and serve a notice of intention, designating the grounds on which the motion will be made. (Code Civ. Proc., § 663a, subd. (a).) “[T]he power of the court to rule on a motion to set aside and vacate a judgment shall expire 75 days from the mailing of notice of entry of judgment by the clerk of t...
2025.02.04 Motion to Reopen Discovery 221
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2025.02.04
Excerpt: ...the party seeking to reopen discovery, (3) likelihood reopening discovery would prevent the case from going to trial as scheduled or otherwise prejudice any other party, (4) the length of time that has elapsed between prior trial dates and the current trial date. (Code Civ. Proc., § 2025.050.) Here, the expert witness who had already been deposed twice informed plaintiffs' counsel he was unable to testify as he was suffering with some health iss...
2025.02.04 Motion for Summary Adjudication 182
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2025.02.04
Excerpt: ...which is an a lleged cause of action in the first amended complaint regardless of the manner of pleading. Preliminary Matters This motion was noticed to be heard January 28, 2025. Due to a scheduling issue of the court, the matter was continued one week to February 4, 2025 by tentative ruling posted on January 27, 2025. Defendants' opposition and supporting documents are untimely filed. (Code Civ. Proc., § 437c, subd. (b)(2).) Not only was the o...
2025.02.04 Demurrer 261
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2025.02.04
Excerpt: ...e accuracy of the 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 17 of Berkeley (2006) 38 Cal.4th 1, 6.) The court may only refer to mat...
2025.01.30 Special Motion to Strike FACC 454
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.01.30
Excerpt: ...t for misclassification of individual as independent contractor pursuant to pursuant to Code of Civil Procedure section 425.16. A motion brought under Code of Civil Procedure section 425.16, also known as an anti -SLAPP motion, is a procedural remedy designed to dispose of lawsuits that are brought primarily to chill the valid exercise of a party's constitutional right of petition or free speech. (Code Civ. Proc. § 425.16(a); see also Sylmar Air...
2025.01.30 Motion for Summary Judgment, Adjudication 070
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.01.30
Excerpt: ... negligence a nd premises liability. A motion for summary judgment may be granted if “all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc. § 437c, subd. (c).) This is compared to summary adjudication that requires a showing that there is no merit to one or more of the causes of action. (Id. at § 437c, subd. (f)(1).) A motion ...
2025.01.30 Motion for Sanctions 361
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.01.30
Excerpt: ...iolates this section as provided by Code of Civil Procedure section 128.7. (Code Civ. Proc., § 1008, subd. (d).) Sanctions are awardable pursuant to Code of Civil Procedure section 128.7 if, as relevant here, an attorney submits a motion that violates any of the following conditions: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2)...
2025.01.30 Demurrer 632
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2025.01.30
Excerpt: ...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) 162 Cal.App.4th 68, 83.) The court, however, does ...

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