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1388 Results

Location: Placer x
2024.03.19 Motion for Summary Judgment, Adjudication 773
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.19
Excerpt: ...o the causes of action for negligence and premises liability in plaintiff Michael Bickers's first amended complaint. A motion for summary judgment may be granted if “all the 1 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 meri...
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...
2024.03.12 Motion to Compel Production of Docs 745
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.12
Excerpt: ...eeks over ly broad records that are not calculated to lead to admissible evidence. The court agrees, as the subpoena seeks records not sufficiently limited to the 2021 vehicle collision, injuries therefrom, and treatment thereafter forming the basis of the current a ction. The subpoena is also not sufficiently limited in time, seeking records that predate the incident by approximately 7 years. The court may make an order modifying a subpoena or d...
2024.03.12 Motion for Summary Judgment, Adjudication 501
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.12
Excerpt: ... on the Motion A party is entitled to bring a motion for summary judgment where there are no triable issues of fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) The defendant bears the initial burden of establis hing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Id. subd. (p)(2).) Only when this initial ...
2024.03.12 Motion for Summary Judgment, Adjudication 045
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.12
Excerpt: ... sho w that there is no triable issue as to any 13 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 for summary adjudication proceeds “in all procedural respects as a motion for summary judgment.” (Id. at...
2024.03.12 Motion for Further IME 973
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.12
Excerpt: ...t of the then- ongoing meet and confer efforts, no follow -up declaration was submitted and the parties provided no updates in support of the other two motions. The parties are admonished the court expects them to adhere to court orders and abide by the rules of the Code of Civil Procedure and Local Rules pertaining to good faith meet and confer efforts going forward. Motion for Further Independent Medical Examination Defendants move for an order...
2024.03.12 Motion for Attorney Fees 755
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.12
Excerpt: ...d. Plaint iff's request for judicial notice is granted. Ruling on the Motion Defendants claim entitlement to fees under three legal theories. The first is that attorneys' fees in this instance are authorized by contract. (Code Civ. Proc., § 1033.5, subd. (a)(10); Civ. Code, § 1717.) Defendants rely on the employment contract between plaintiff and defendants, which contains an attorneys' fees provision for “the prevailing party in any action ...
2024.03.12 Demurrer to TAC 081
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.12
Excerpt: ...icient to con stitute a cause of action or where the pleading is uncertain. (Code Civ. Proc., § 430.10, subds. (e), (f).) “Uncertain” is defined as “ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subd. (f).) A demurrer tests the legal sufficiency of the ple adings, 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 ...
2024.03.12 Demurrer to SAC 533
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.12
Excerpt: ... of action. A demurrer tests the 17 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 ma tter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contenti...
2024.03.12 Demurrer to FAC 835
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.12
Excerpt: ...ses of action do not sta te sufficient facts to state the alleged causes of action. 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.) Th e allegations in the pleading are deemed to be true no matter how improbable 25 the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App...
2024.03.12 Demurrer to FAC 523
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.12
Excerpt: ...ations in the pl eadings 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 matters outside the pleading that are subject to judicial notice. (Rea v. Blue Shield of California (201...
2024.03.07 Motion for Summary Judgment 880
Location: Placer
Judge: Dehr, Christine S
Hearing Date: 2024.03.07
Excerpt: ... ty. Plaintiff's objections are overruled in their entirety. Ruling on Motion Defendant L&S Framing, Inc.'s motion for summary judgment is denied. Defendant moves for summary judgment as to the plaintiff's cause of action for PAGA allegations on the grounds that defendant did not employ plaintiff. 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 ...
2024.03.05 Demurrer, Motion for Trial Preference 325
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.05
Excerpt: ...ble.” (Cod e Civ. Proc., § 430.10, subd. (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 ar e 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 ...
2024.03.05 Demurrer 241
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.05
Excerpt: ...omplianc e with the claims presentation requirement, but the public records do not reflect compliance, the governmental entity can request the court to take judicial notice under Evidence Code section 452, subdivision (c) that the entity's records do not show compl iance.”].) However, while the court may take judicial notice of the existence of the public documents, the court may not take 17 judicial notice of “disputed or disputable facts s...
2024.03.05 Motion for Trial Preference 908
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.05
Excerpt: ...filed a jo inder to the opposition, which the court accepts. The court shall grant preference if the moving party is over the age of 70 years, has a substantial interest in the action, and “[t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36, subd. (a).) The court may also “grant a motion for preference that is accompanied by clear and conv...
2024.03.05 Motion for Judgment on the Pleadings 695
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.05
Excerpt: ...on February 6 , 2024 to be heard March 5, 2024 —the day after trial is to commence. Plaintiff objects that the instant motion is untimely pursuant to Code of Civil Procedure section 438(e). However, a party may nonetheless file an untimely motion provided “the moving party did not demur to the complaint . . . on the same grounds as is the basis for the motion provided for in this section.” (Code Civ. Proc., § 438, subd. (g)(2).) As defend...
2024.03.05 Motion for Summary Judgment, Adjudication 709
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.03.05
Excerpt: ...t o the first cause of action in their complaint for breach of contract. Summary adjudication 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 for summary adjudication proceeds “in a ll procedural respects as a motion for summary judgment.” (Id. at § 437c, subd. (f)(2).) In reviewing the motion, the trial court must view the supporting evidence, and inferences reasona...
2024.02.27 Petition for Writ of Mandate 195
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.02.27
Excerpt: ...ction 17704 .10 provides, in pertinent part: (a) Upon the request of a member . . . , for purposes reasonably related to the interest of that person as a member . . . , a manager or, if the limited liability company is 16 member -managed, a member in possession of th e requested information, shall promptly deliver, in writing, to the member or transferee, at the expense of the limited liability company, a copy of the information required to be ma...
2024.02.27 Motion to Compel Responses 463
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.02.27
Excerpt: ...for sanctions is denied. However, repeated failures to comply with discovery obligations may lead the court to find an abuse of the discovery process and award sanctions on that basis. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, overruled on other grounds in Garcia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4.) 15 Motion to Compel Special Interrogatories Plaintiff's unopposed motion to compel responses to special inte...
2024.02.27 Motion to Compel Deposition, for Sanctions 049
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.02.27
Excerpt: ...his depo sition. 13 Deponent Kevin Loewen refused to respond to multiple questions posed during his deposition based on attorney -client privilege and attorney work product protection, among other objections. Petitioner argues the objections were appropriate in l ight of an ongoing independent investigation into possible conflicts of interest regarding the deponent. Petitioner cites Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725,...
2024.02.27 Motion for Summary Judgment, Adjudication 773
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.02.27
Excerpt: ... th e causes of action for negligence and premises liability in plaintiff Michael Bickers's first amended complaint. 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).) 4 This is compared to summary adjudication that requires a showing that there is no meri...
2024.02.27 Motion for Summary Judgment 323
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.02.27
Excerpt: ...23 are overruled. Ruling on Motion Defendant's motion for summary judgment is granted. Defendant moves for summary judgment as to the sole cause of action for negligence on the grounds that (1) defendant does not owe a duty to plaintiff and (2) there is a la ck of causation between defendant's acts or omissions and plaintiff's injuries. A motion for summary judgment may be granted if “all the papers submitted show that there is no triable issue...
2024.02.27 Motion for Summary Judgment 145
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.02.27
Excerpt: ...udgment bears the burden of showing there is no triable issue of material fact and that the party is entitled to judgment as a matter of law. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party has the burden of showing, by affidavit, fa cts establishing every element necessary to sustain a judgment in favor of the party. (Consumer Cause, Inc. v. SmileCare (2001) 91 Cal.App.4th 454, 468.) Once a plaintiff proves its ...
2024.02.27 Motion for Attorney Fees 391
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.02.27
Excerpt: ...dication. Ayala requests fees in the amount of $318,748. Ayala separately filed a memorandum of costs requesting costs on August 9, 2023, in the total amount of $14,697.51, not including attorneys' fees. Plaintiff's opposition to the present motion, filed November 2 9, 2023, is titled “Memorandum of Points and Authorities in Opposition to Motion for Attorney's Fees and Combined With Motion to Tax Costs”. To the extent plaintiff moves to str...
2024.02.27 Demurrer 379
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2024.02.27
Excerpt: ... without the causes of action for premises liability and/or negligence. 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.) H...

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