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952 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...
2022.05.19 Motion for Summary Judgment, for Terminating Sanctions 450
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.05.19
Excerpt: ...cannot be established or there is a complete defense to the cause of action. (Id. at 437c(p)(2).) Only when this initial burden is met does the burden shift to the opposing party to establish a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the supporting evidence, and inferences reasonably drawn from such evidence, in the light most favorable to the opposing party. (Aguilar v. Atlant...
2022.05.19 Motion for Terminating Sanctions 112
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.05.19
Excerpt: ...estraint when ordering terminating sanctions. The dismissal of an action is a drastic sanction that is only applied after a party has had an opportunity to comply with a court order yet still fails to do so. (see Ruvalcaba v. Government Employees Ins. Co. (1990) 222 Cal.App.3d 1579, 1581.) The totality of the circumstances surrounding the discovery violations are considered when ordering terminating sanctions: (1) whether the party's conduct was ...
2022.05.17 Motion to Strike Reply, to Compel Further Responses 445
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.17
Excerpt: ...ctions, to special interrogatories, set one, numbers 1, 7, 8, 9, 10, 12, 14, 15, 16, 18, 19, 20, and 21. Defendant Onyems shall serve further verified responses on plaintiff no later than May 31, 2022. Plaintiff's request for sanctions is denied, because imposition would be unjust. (Code Civ. Proc., § 2030.300, subd. (d).) However, repeated failures to comply with discovery obligations may lead the court to find an abuse of the discovery process...
2022.05.17 Motion to Enforce Settlement 659
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.17
Excerpt: ...e settlement is approved …” (Declaration of Jordan W. Maurer, ¶ 4.) Specifically, the dispute between plaintiff and the City involves whether compliance with Medicare requirements means that the settlement agreement must provide for a Medicare Set‐aside Arrangement (“MSA”). The pleadings filed by plaintiff and the City comprehensively discuss the Medicare Secondary Payer (“MSP”) Act, the prohibition on Medicare making payment for a...
2022.05.17 Demurrer to FAC 558
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.17
Excerpt: ...is uncertain. Code Civ. Proc. § 430.10(e), (f). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the 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. The court does not assume the truth of contentions,...
2022.05.17 Demurrer 809
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.17
Excerpt: ...erson (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 demurrer is overruled. The allegations of the complaint are sufficient to state cause...
2022.05.12 Motion to Quash Third-Party Subpoena 132
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.05.12
Excerpt: ...rt the discovery subpoenas are improper since Gene Jackson filed a bankruptcy proceeding that is still currently pending. “Upon the filing of a bankruptcy proceeding, federal bankruptcy law imposes an automatic stay on all state and federal proceedings outside the bankruptcy court against the debtor and the debtor's property. [Citations.]” “ ‘The automatic stay is self‐executing and is effective upon filing the bankruptcy petition. [Cit...
2022.05.12 Motion for New Trial 227
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.05.12
Excerpt: ... error in law. (Code of Civil Procedure section 657; Montoya v. Barragan (2013) 220 Cal.App.4th 1215, 1227; Oakland Raiders v. National Football League (2007) 41 Cal.4th 624, 633.) In this instance, defendant asserts irregularities in the proceedings; accident/surprise; excessive damages; and an error in law warrant a new trial. Defendant, however, has not made a sufficient showing to support relief under any of these grounds. “An ‘irregulari...
2022.05.12 Motion for Attorney Fees 357
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.05.12
Excerpt: ... own attorney fees. [Citations] The Legislature codified the American rule in 1872 when it enacted Code of Civil Procedure section 1021, which states in pertinent part that ‘Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; …' [Citation.]” (Trope v. Katz (1995) 11 Cal.4th 274, 278‐ 279.) A...
2022.05.10 Motion for Leave to Amend Complaint 879
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.10
Excerpt: ...1422, 1428; Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158. Courts must apply a policy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial,” absent prejudice to the adverse party. Elling Corp. v. Superior Court (1975) 48 Cal.App.3d 89. A motion for leave to amend must be accompanied by a declaration which specifies the purpose and effect of the proposed amendments...
2022.05.10 Demurrer 033
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.10
Excerpt: ...v. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the 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. The court does not assume the truth of contentions, deductions, or conclusion...
2022.05.10 Demurrer to FAC 375
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.10
Excerpt: ...vertheless, the court is permitted to take judicial notice of the legal effect of a document's language where that effect is clear. Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐1118; see also 11 McElroy v. Chase Manhattan Mortgage Corp. (2005) 134 Cal.App.4th 388, 394 (judicial notice taken of recordation of notice of default under deed of trust, date of recording, and amount stated as owing). Defendant Wi...
2022.05.10 Motion for Attorney Fees 743
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.10
Excerpt: ... strike is entitled to an award of attorneys' fees incurred in filing the motion. Code Civ. Proc. § 425.16(c)(1). The purpose of the fee‐ shifting provision is to discourage meritless lawsuits and also to provide financial relief to the victims of lawsuits which are subject to the anti‐SLAPP law. City of Los Angeles v. Animal Defense League (2006) 135 Cal.App.4th 606, 627. Courts have held that only fees and costs incurred on the motion to s...
2022.05.10 Motion to Quash Subpoena Duces Tecum 323
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.10
Excerpt: ...motion is substantively deficient in other ways. Defendant's motion argues that the subpoena is facially defective and/or procedurally defective, but defendant does not provide evidence regarding the timing of service of any documents, nor does the motion include the subpoena itself. Defendant does not demonstrate that the subpoena is duplicative or burdensome. Defendant does not demonstrate that the subpoena seeks documents that are irrelevant t...
2022.05.10 Motion to Compel Arbitration 645
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.10
Excerpt: ...rt rulings of other state and federal courts are not binding on this court. Plaintiff's objections to evidence are overruled. Defendant Starbucks Corporation moves to compel arbitration of plaintiff Tessa Turner's claims, and to stay the action pending arbitration. 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...
2022.05.10 Motion to Dismiss, for Protective Order 359
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.10
Excerpt: ... (Code Civ. Proc., § 2019.210. emphasis added.) The reasonable particularity requirement is meant “to help the court shape discovery, and to give the defendant the opportunity to develop defenses.” (Brescia v. Angelin (2d Dist. 2009) 172 Cal.App.4th 133, 149–50.) Reasonable particularity does not mean the claimant “has to define every minute detail of its claimed trade secret at the outset of the litigation. Nor does it require a . . . t...
2022.05.10 Motion to Strike Answer 129
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.10
Excerpt: ...ly filed pursuant to Code of Civil Procedure section 472, the court will deem the amended answer as having been filed in accordance with the court's granting of leave to amend. 7 Motion to Strike Sourdough Solutions, Incorporated's Answer Plaintiff and cross‐defendant John P. Casper Family Partnership's motion to strike Sourdough Solutions, Incorporated's (“Soudough's”) answer is granted with leave to amend on the grounds that the answer wa...
2022.05.10 OSC Re Preliminary Injunction 245
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.05.10
Excerpt: ...joined 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 Manufacturers Bank v. Texas Commerce Bank‐Ford Worth (2d Dist. 1984) 159 Cal.App.3d 1051, 1059.) The plaintiff has the burden of showing they would be harmed without a preliminary ...
2022.05.05 Petition for Writ of Administrative Mandate 307
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.05.05
Excerpt: ...tory pleading against petitioner. This first accusatory complaint was based upon the complaints of eight different patients who collectively received dental work from petitioner between 2010 through 2014. The allegations involved multiple acts of improper dental work causing significant pain, improper billings, unavailability, and improper record keeping. There were eight separate claims alleged against petitioner, which included seven counts of ...
2022.05.05 Motion for Judgment on the Pleadings 732
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.05.05
Excerpt: ...17 Cal.App.4th 218, 227.) A defendant challenging a complaint must show either (1) the court has no jurisdiction over the subject matter within the complaint or (2) the complaint fails to state sufficient facts to constitute a cause of action. (Code of Civil Procedure section 438(c)(1)(B).) “[J]udgment on the pleadings must be denied where there are material factual issues that require evidentiary resolution. (Schabarum v. California Legislatur...
2022.05.05 Demurrer 850
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.05.05
Excerpt: .... (Picton v. Anderson Union High School (1996) 50 Cal.App.4th 726, 733.) All properly pleaded facts are assumed to be true as well as those that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR MAY 5, 2022 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rul...
2022.04.26 Motion for Determination of Privilege, Continued Deposition, Appointment of Discovery Referee 905
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.04.26
Excerpt: ...er identified as DR6045‐6120 (“the Draft Agreement”), ordering the continued deposition of Michael Devereaux, and appointing a discovery referee to oversee the continued deposition. The Draft Agreement was produced in discovery by plaintiff Donyne Ranch LLC, in response to a request for production of documents served by defendant. As described by defense counsel, it contains handwritten notations. Defense counsel believes that the notations...
2022.04.26 Motion for Attorney Fees 429
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.04.26
Excerpt: ...rt has jurisdiction to consider defendant's motion for attorney's fees. Defendant is the prevailing party in this action, as the court granted defendant's motion for summary judgment. Defendant requests attorneys' fees pursuant to Civil Code section 1717 totaling $51,595, plus $60 in costs incurred in the filing of the current motion. The first amended complaint alleged a single cause of action against defendant for breach of written contract. Th...
2022.04.26 Demurrer 435
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.04.26
Excerpt: ...om the parties regarding the issue of whether a private right of action existed under Health and Safety Code section 1280.18, or CCR, Title 16, § 1881(d). The court's file reflects that plaintiffs filed a supplemental brief on March 28, 2022, and that defendants filed a supplemental brief on March 29, 2022. The parties reference an earlier supplemental brief purportedly filed by defendants on or about March 22, 2022. However, the court's file re...

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