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503 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...
2020.09.18 Motion to Compel Further Responses 129
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.09.18
Excerpt: ... this was one day after defendant's opposition was filed, giving defendant no opportunity to respond. The failure to include a separate statement constitutes sufficient grounds to deny the motion. In addition, plaintiff does not make a sufficient showing that he informally attempted to resolve this matter with defendant. Code Civ. Proc. §§ 2030.300(b)(1), 2016.040. “A meet and confer declaration in support of a motion shall state facts showin...
2020.09.18 Motion for Summary Judgment, Adjudication 237
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.09.18
Excerpt: ...of defendant's Compendium of Evidence filed April 13, 2020. The remaining objections are overruled. Defendant's objections to evidence are ruled on as follows: Objection Nos. 1, 3‐14, 21‐ 23, 25, 30 and 35 are sustained. The remaining objections are overruled. Ruling on Motion Defendant Todd Jarvis moves for summary judgment, or alternatively summary adjudication, as to claims alleged in plaintiff Robin Calder's complaint. Summary judgment ma...
2020.09.18 Demurrer 833
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.09.18
Excerpt: ...true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The demurrer is overruled as to plaintiff's first cause of action for breach of implied warranty, and second cause of action for breach of express warranty. Based on a review of the complaint as a whole, plaintiff adequately alleges these claims. Contrary to the argument of defendant, plaintiff is not required to plead the te...
2020.09.18 Demurrer 311
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.09.18
Excerpt: ...d fifth causes of action in the petition for negligence, intentional misrepresentation, and conversion. A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or accuracy of the described conduct. 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, ...
2020.09.10 Petition for Writ of Mandate 280
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.09.10
Excerpt: ... of the Elections Code which are clearly inapplicable to the relief they apparently seek. It appears to the court that what petitioners are really seeking is for the court to grant them additional time to gather sufficient valid signatures to place a recall of four directors of the Foresthill Public Utility District on the November 2020 ballot and, in the process, ignore multiple provisions of the statutory elections scheme. As discussed below, t...
2020.09.10 Demurrer 602
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.09.10
Excerpt: ... of 11 Ruling on Demurrer The demurrer is sustained with leave to amend. In the current request, defendants demur to the second, third, fourth, fifth, and sixth causes of action. A demurrer tests the legal sufficiency of the pleadings, 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 pleadings are deemed to be true no matter how improbabl...
2020.09.04 Motion to Compel Deposition 913
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.09.04
Excerpt: ...forward on an earlier date due to a heavy trial calendar after October 21. (Declaration of Mary Talmanoff, Exh. I.) The parties did not resolve the issue at that time, and no further discussions were held until December 4, 2019. On that date, following inquiry by plaintiff's counsel, defense counsel conditionally offered February 3, 2020, but noted that she needed to clear the date with her client, and would follow up. (Id., Exh. J.) It does not ...
2020.09.04 Motion for Preliminary Injunction 619
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.09.04
Excerpt: ...cluding objections to exhibits, are overruled. Defendant's objections to the declaration of Daniel McLain are ruled on as follows: Objection Nos. 2‐5 and Objection to Exhibits No. 2 are sustained. The remaining objections are overruled. Defendant's objections to the declaration of Sue Thompson are ruled on as follows: Objection Nos. 1‐2 and 6‐7 are sustained. The remaining objections are overruled. Defendant's objections to the declaration ...
2020.09.04 Motion for Final Approval of Class Action Settlement 645
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.09.04
Excerpt: ...s to give due regard to the parties' 2 agreement, ensuring that the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801; 7‐Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145. A presumption of fairness exists where: (1) the settlement was reached through arms‐len...
2020.09.04 Demurrer 539
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.09.04
Excerpt: ...n (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. Plaintiff alleges that he worked as a food server at Fat's Asian Bistro in Roseville for approximately one year before he was constructively discharged in October 2019. (Complaint, ¶10.) A few months prior to being suspended, plaintiff's manager S...
2020.09.03 Demurrer 006
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.09.03
Excerpt: ...y of the pleadings, 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 pleadings 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.) Huckabee alleges claims for PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HO...
2020.09.03 Motion for Summary Judgment 658
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.09.03
Excerpt: ...employment when the physical altercation between Mr. Benton and plaintiff took place. The trial court shall grant a motion for summary PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR SEPTEMBER 3, 2020 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 7 of 12 judgment if “all the papers submitted show that t...
2020.09.03 Motion for Class Certification 180
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.09.03
Excerpt: ... Class certification may be ordered where the moving party demonstrates the existence of an ascertainable and sufficiently numerous class; a well‐defined community of interest; and a substantial benefit from certification rendering a class action superior to other alternatives. (Code of Civil Procedure section 382; Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021.) After carefully reviewing the second amended complaint an...
2020.09.03 Motion to Compel Further Responses, for Sanctions 518
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.09.03
Excerpt: ...but must also include a copy of the papers upon which the notice is based. (Code of Civil Procedure section 1010; see Weinstein v. Blumberg (2018) 25 Cal.App.5th 316.) Plaintiff's notice of motion, filed on July 15, 2020, provides notice that the motion is based upon a memorandum, separate statement, and supporting declaration. However, these documents were not filed or served until a month after the original notice of motion was filed. Plaintiff...
2020.08.28 Motion for Summary Judgment 543
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.08.28
Excerpt: ...erruled. Plaintiff's objections to the declaration of Jordan Meeks are ruled on as follows: Objection No. 2 is sustained. The remaining objections are overruled. Ruling on Motion Defendant La Familia Ramirez, Inc. dba Café Delicias moves for summary judgment as to plaintiff's negligence/premises liability claim arising from a slip‐and‐fall accident at defendant's restaurant. The court shall grant a motion for summary judgment if “all the p...
2020.08.28 Motion for Summary Judgment 539
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.08.28
Excerpt: ... of the State of California. The court recognizes and respects the importance of zealous advocacy, while realizing that there is an important, albeit hazy, line between effective advocacy and improper behavior. California case law authority, the Business and Professions Code, and State Bar Guidelines of Civility and Professionalism all forbid attorneys from discourteous conduct or other affronts upon the dignity of the court. Vigorous advocacy do...
2020.08.28 Demurrer 667
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.08.28
Excerpt: ...rson (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. Plaintiff's first and third causes of action allege breach of express warranty under the Magnusson‐Moss Warranty Act and the Song‐Beverly Consumer Warranty Act, respectively. Both claims are subject to a four‐year statute of limitations. U...
2020.08.27 Motion to Expunge Amended Lis Pendens 926
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.08.27
Excerpt: ...159 Cal.App.4th 1292, 1307‐1308.) Ruling on Objections Defendants' objections are overruled. Plaintiff's objections to the length of defendants' memorandum is overruled as the court granted defendants' ex parte application seeking relief to file a lengthy memorandum. Ruling on Motion Defendants assert several grounds for expungement of the lis pendens. First, defendants claim Martin failed to properly serve the Amended Notice of Lis Pendens on ...
2020.08.27 Motion to Compel Arbitration and Stay Proceedings 680
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.08.27
Excerpt: ...ontract agreement between plaintiff and defendant JBS Ventures, LLC. A threshold question for any motion to compel arbitration is whether there exists an agreement to arbitrate. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396.) The moving party carries this initial burden by proving, by a preponderance of the evidence, the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) Def...
2020.08.27 Motion for Terminating Sanctions, Evidentiary Sanctions, Monetary Sanctions 298
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.08.27
Excerpt: ...; evidentiary sanction; and/or monetary sanctions. The court grants the request for terminating sanctions. The purpose of discovery sanctions is to prevent abuse of the discovery process and correct problems presented. (Do v. Superior Court (2003) 109 Cal.App.4th 1210, 1213‐1214.) It is not a weapon to provide for punishment, forfeiture, or avoidance of trial on the merits. (Ibid.) The imposition of terminating sanctions is generally limited to...
2020.08.27 Motion for Relief from Tardy Expert Witness Disclosure 413
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.08.27
Excerpt: ...ntal disclosure on December 9, 2019. Defense counsel states he was unaware plaintiff had disclosed Lapin as an expert until plaintiff's counsel notified him that same day. Defendants then disclosed expert witness Steven Epcar in a supplemental disclosure the next day. Defendants seek relief from this tardy – by one day – supplemental disclosure of expert witness Epcar. Defendants assert they had no idea plaintiff objected to the untimely disc...
2020.08.27 Demurrer 532
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.08.27
Excerpt: ...ns or accuracy of the described conduct. (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, 318; Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1153.) Initially, plaintiff concedes the allegations in the second cause of action for violations of the Homeowners Bill of Righ...
2020.08.27 Demurrer 468
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.08.27
Excerpt: ...same function as a demurrer but is brought where the time for a demurrer has expired. (Code of Civil Procedure section 438(g); Southern California Edison Co. v. City of Victorville (2013) 217 Cal.App.4th 218, 227.) A defendant challenging a complaint must show the pleading 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 m...
2020.08.21 OSC Re Preliminary Injunction 189
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.08.21
Excerpt: ...intiffs seek an injunction requiring defendants Vincent Procopio and John Procopio to remove boulders and/or other obstructions which they allegedly placed in front of the access gate at 10100 Sunset Lane, and preventing defendants from blocking or in any way restricting access between the property located at 10100 Sunset Lane (“the Property”), and Sunset Lane, which is alleged to be either a public right‐of‐way or a prescriptive roadway ...

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