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793 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...
2021.10.21 Motion to Compel Non-Party Compliance with Subpoena 454
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.10.21
Excerpt: ...documents related to minor J.W., who plaintiff alleges sexually assaulted her. The parent of J.W. objects to the production of any documents. The documents sought here are student educational records, which are confidential under both federal and state law. (20 U.S.C section 1232g(b)(1); Education Code section 49076.) Absent parental consent, the records may only be disclosed via a court order or lawfully issued subpoena. (20 U.S.C. section PLACE...
2021.10.21 Demurrer 498
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.10.21
Excerpt: ...llegations 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.) The court reviews the FAC keeping this in mind. A review of the allegations within the FAC, when they are read as a whole, shows that they are sufficient to support the first and second causes of action at this pleading stage. The demurrer is overruled as to the first ...
2021.10.21 Petition to Compel Arbitration, Stay Proceedings, to Dismiss Class Action 366
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.10.21
Excerpt: ...iled this amended answer. The court declines to take judicial notice of the document since it has not yet been filed with the court. Ruling on Petition The petition is granted. Initially, the court will not issue a statement of decision in this case. Defendant made a conditional request for a statement of decision in the event the court denied the petition. (Defendant's P&As, p. 14:23‐24.) The court grants the petition, thusly, there is no viab...
2021.10.19 Motion for Summary Judgment, Adjudication 561
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2021.10.19
Excerpt: ...A Fire & Casualty Insurance Company moves for summary judgment, or alternatively summary adjudication of each cause of action alleged by plaintiffs, as well as the prayer for punitive damages. Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). Defendants moving for summary judgment bear the burden of persuasion that one o...
2021.10.19 Demurrer 407
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2021.10.19
Excerpt: ...not state facts sufficient to constitute a cause of action. Code Civ. 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. In 2 rulin...
2021.10.14 Motion for Relief from Waiver of Objections 692
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.10.14
Excerpt: ...e substantially code compliant and (2) the failure to timely respond was the result of mistake, inadvertence, or excusable neglect. (Ibid.) Defendant has made a sufficient showing to warrant relief from the waiver. This leaves the competing requests for sanctions brought by both parties. The court is compelled to note this request is not one that should have required court intervention. Both counsel play a technicalities game that assists neither...
2021.10.14 Motion for Good Faith Settlement 524
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.10.14
Excerpt: ...e standards set forth in Tech‐Bilt v. Woodward Clyde & Associates (1985) 38 Cal.3d 488, the settlement at issue is within the reasonable range of the settling cross‐defendant's proportionate share of liability for plaintiffs' injuries and therefore is in good faith within the meaning of Code of Civil Procedure section 877.6. Cross‐Defendant California Mantel & Fireplace, Inc.'s Motion for Determination of Good Faith Settlement The motion is...
2021.10.14 Motion for Class Certification 933
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.10.14
Excerpt: ...ustin Naranjo are ruled on as follows: Objection Nos. 1, 3, 4, 5, 9 and 10 are sustained. The remaining objections are overruled. Defendants' objections to the declaration of Sophia Perez are ruled on as follows: Objection Nos. 1, 3, 4, 5, 6, 10 and 11 are sustained. The remaining objections are overruled. Defendants' objections to the declaration of Anna Taran are ruled on as follows: Objections Nos. 1, 2, 4, 5, 6, 7, 10 and 11 are sustained. Th...
2021.10.07 Demurrer 844
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.10.07
Excerpt: ...blished principles. The sufficiency of the pleadings, not the truth of allegations or accuracy of the described conduct, is tested. (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.) The court reviews the claims k...
2021.10.07 Demurrer 758
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.10.07
Excerpt: ...little relevance to the matter pending before the court. Ruling on Demurrer In this instance, defendants demur to the single PAGA cause of action alleged in the original complaint. A demurrer is reviewed under well established principles. The complaint is read as a whole giving the pleading and its parts a reasonable interpretation. (Brown v. Ralphs Grocery Co. (2018) 28 Cal.app.5th 824, 833‐834.) All properly pleaded factual allegations and ma...
2021.10.07 Demurrer 890
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.10.07
Excerpt: ...d 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.) The current challenge is reviewed keeping this in mind. A review of the breach of contract claim reveals it is deficiently pleaded against the cross‐defendants. First, the allegations do not sufficiently allege crosscompla...
2021.10.07 Demurrer 964
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.10.07
Excerpt: ...ervices v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The court reviews the subrogation complaint keeping these principles in mind. Defendants challenge both causes of action in the complaint, asserting a lessee cannot be held responsible for negligently causing fire damage where the lessor's insurance policy is for their mutual benefit. (W. Heritage Ins. Co. v. Frances Todd, Inc. (2019) 33 Cal.App...
2021.10.05 Motion to Set Aside Default 889
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2021.10.05
Excerpt: ... Moles are overruled. Defendant's objections to the declaration of Michael Mezzetti are overruled. Plaintiff moves to set aside default pursuant to Code of Civil Procedure section 473.5. Code of Civil Procedure section 473.5 gives the court discretion to grant relief from default or default judgment where service of summons has not resulted in actual notice to a party in time to defend the action. It is typically used in cases where service was m...
2021.10.05 Motion for Preliminary Injunction 365
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2021.10.05
Excerpt: ... and requiring that any judgment obtained against defendant in this matter be paid from the equalization payment. Civil Code section 1708.6 authorizes the court to grant injunctive relief to prevent tortious conduct. The court is also generally authorized to grant injunctive relief in any civil action pursuant to the requirements of Code of Civil Procedure section 526. The court may grant a preliminary injunction when it appears from the complain...
2021.10.05 Demurrer 937
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2021.10.05
Excerpt: ...uracy 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. Defendants argue that the termination notice attached to plaintiffs' complaint fails to comply with Code of Civil Procedure section 1161(2). This argument is inapplicable to the action as the complain...
2021.09.28 Motion to Compel Further Responses 160
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2021.09.28
Excerpt: ...ification of individuals who were involved in or otherwise witnessed plaintiff's condition, care and treatment while a resident at the “FACILITY”, defined as Crocus Holdings, LLC dba Roseville Care Center. Defendant raises two main objections to the foregoing interrogatories. First, defendant objects on the grounds that the information seeks personal information of employees and former employees in violation of those individuals' right to pri...
2021.09.23 Motion to Enforce Settlement Agreement 822
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.09.23
Excerpt: ...eclaration. Ruling on Motion Plaintiff seeks an order to enforce a particular portion of the parties' settlement agreement. Specifically, plaintiff seeks an order for sale of the property located PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 3 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR SEPTEMBER 23, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 3 Thursday Civil Law and Motion – Tentative Rulings Page ...
2021.09.23 Motion to Change Venue 786
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.09.23
Excerpt: ...ires Direct's demurrer to the complaint. The hearing on this motion, however, was set a few weeks after Tires Direct's demurrer. Asghar also did not file any supporting documents in conjunction with this motion, which presented the venue challenge as being improperly filed. It is also noted Tires Direct's demurrer did not mention Asghar's venue challenge. Further, Tires Direct did not file its nonopposition to the venue challenge until a day afte...
2021.09.21 Demurrer, Motion to Strike 755
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.09.21
Excerpt: ...where the pleading does not state facts sufficient to constitute a cause of action. Code Civ. 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...
2021.09.14 Motion to Permit Discovery of Financial Condition 049
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2021.09.14
Excerpt: ...al condition of the defendant if it finds, based on consideration of the supporting and opposing affidavits presented, that plaintiffs have established a substantial probability of prevailing on their punitive damages claim. An award of punitive damages requires a finding of oppression, fraud or malice on the part of the defendant. Civ. Code § 3294(a). Malice includes conduct which is intended by defendant to cause injury to plaintiff, or despic...
2021.09.14 Demurrer 303
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2021.09.14
Excerpt: ..., 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. Union Pacific's unopposed demurrer is sustained as to plaintiff's fourth cause of action for foreclosure of mechanic's lien. This claim fails to allege suf...
2021.09.09 Motion to Expunge Lis Pendens 682
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.09.09
Excerpt: ...ants' request for judicial notice under Evidence Code section 452. Ruling on Motion In the current motion, defendants seek to expunge the lis pendens filed on April 15, 2020. The review for a motion to expunge lis pendens differs when it is brought after judgment in a case has been entered. The subject relief is generally required unless there is a pending appeal. (Amalgamated Bank v. Superior Court (2007) 149 Cal.App.4th 1003, 1015.) In this ins...
2021.09.07 Motion to Quash Service of Summons 805
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2021.09.07
Excerpt: ...al jurisdiction in cases where the five‐day summons is not supported by a complaint which alleges the necessary allegations to support an unlawful detainer action against the defendant. Id. However, such a motion may not be used as a means to dispute the merits of the complaint's allegations, or to argue that plaintiff failed to comply with the specific pleadings requirements of Code of Civil Procedure section 1166. Id. at 391. For the purpose ...
2021.09.07 Motion for Summary Judgment, Adjudication 349
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2021.09.07
Excerpt: ... Valley Resort, LLC moves for summary judgment, or in the alternative summary adjudication as to plaintiff Olja Mijic's causes of action for intentional interference with contractual relations and intentional interference with prospective economic relations. Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). Defendants mo...

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