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409 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...
2020.03.13 Demurrer 123
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.03.13
Excerpt: ...conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. Pride's dem...
2020.03.13 Motion to Compel Further Responses to Discovery 225
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.03.13
Excerpt: ...ments which he contends are responsive to these requests, and states that he has produced all responsive documents. Defendant submits no evidence suggesting that plaintiff may have additional documents which are responsive to these requests which have not been produced. The motion is denied as to Request Nos. 13 and 14. Plaintiff did not waive applicable objections as to these requests, as the objections were timely served within the one week ext...
2020.03.12 Petition to Compel Arbitration 148
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.03.12
Excerpt: ...tion includes (1) the county where the agreement was made or is to be performed; (2) the county where any party to the court proceeding resides or has a place of business; and (3) any county in the state. Petitioner's corporate headquarters are located in Placer County and petitioner executed the agreement in Placer County. These facts provide the court with both jurisdiction and venue over the current petition. Turning to the substance of the re...
2020.03.12 Motion to Expunge Lis Pendens 926
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.03.12
Excerpt: ... before the court with a unique posture. The motion is aimed at the original notice of lis pendens and the original complaint, neither of which is operative at this juncture. Plaintiff filed an unverified first amended complaint on February 3, 2020, followed by an amended notice of lis pendens filed on February 28, 2020. To further complicate matters, defendants insist that the first amended complaint should not be considered and the motion shoul...
2020.03.06 Motion for Judgment on the Pleadings 807
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.03.06
Excerpt: ...nce; and (3) medical negligence, against defendants County of Placer, Devon Bell, and Does 1‐10. Defendants moved for judgment on the pleadings as to the second and third causes of action. On September 19, 2019, the court entered a ruling on submitted matter, granting defendants' motion for judgment on the pleadings without leave to amend. On January 15, 2020, the Third Appellate District filed notice that it was considering issuing a peremptor...
2020.03.05 Demurrer 629
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.03.05
Excerpt: ... Civil Procedure section 430.10(e).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed fac...
2020.02.28 Special Motion to Strike 961
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.28
Excerpt: ... are ruled on as follows: Objection Nos. 4 (as to the last sentence only), 8, 10, 11 (as to the second sentence only), 12, 13, 15, 18, 19, 20, 29, 32, 40, 41 and 42 are sustained. The remaining objections are overruled. 8 Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted. With respect to Exhibits 15, 16, 18‐ 25, 28, 30, 32‐34, and 36‐40, the court takes judicial notice of the fact that these documents ...
2020.02.28 Motion to Compel Responses, Deem Requests for Admission Admitted 799
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.28
Excerpt: ... amount of $810 from plaintiffs' counsel. Code Civ. Proc. § 2033.280(c). Motion to Quash Depositions Subpoenas and for Protective Order As a preliminary matter, the court has considered plaintiffs' untimely reply in ruling on this motion. Plaintiffs move to quash a deposition subpoena for production of business records served on law firm Wells, Small, Fleharty & Weil, and depositions subpoenas served on Steve A. Small, Esq. and Dara Stead. Depos...
2020.02.27 Motion for Attorneys' Fees 504
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.02.27
Excerpt: ... A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 4 of 16 with the defendants. The dispute is in the amount of fees that should be awarded in this instance. Determining the reasonable amount of attorney's fees begins with the lodestar method, i.e. the number of hours reasonably expended multiplied by the reasonable hourly rate. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Serrano v. Pri...
2020.02.27 Demurrer 286
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.02.27
Excerpt: ...he 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 improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The complaint and its three pleaded causes of action are reviewed keeping this in mind. ...
2020.02.27 Motion for Judgment on the Pleadings 278
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.02.27
Excerpt: ...ful anti‐ SLAPP motion. A motion for judgment on the pleadings has the 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 either (1) the court has no PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE ...
2020.02.27 Motion to Compel Contractual Arbitration 338
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.02.27
Excerpt: ...on. (Code of Civil Procedure section 1290; Mercury Ins. Group v. Superior Court (1998) 19 Cal.4th 332, 349.) Ruling on Motion The motion is denied. In the current request, Hilt seeks to compel arbitration between the parties based upon the arbitration provision found in the parties' residential purchase agreement (RPA). A threshold question for any motion to compel arbitration is whether there exists an agreement to arbitrate. (Cruise v. Kroger C...
2020.02.21 Motion to Set Aside and Vacate Judgment, Enter Another and Different Judgment 099
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.21
Excerpt: ...e ruling on submitted matter issued September 2, 2019, upon which the November 4, 2019 judgment is based, and enter an amended ruling on submitted matter and new and different judgment. Code of Civil Procedure section 663 empowers the trial court to set aside a judgment based on a decision by the court., where there is an incorrect or erroneous legal basis for the 2 decision, not consistent with or not supported by the uncontroverted facts. Glen ...
2020.02.21 Demurrer 445
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.21
Excerpt: ... of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of content...
2020.02.20 Demurrer 934
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2020.02.20
Excerpt: ...iff'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, 318.) A review of the complaint shows that it suffers from significant pleading deficiencies. The complaint does not identify causes of action, making unclear claims of discriminatory a...
2020.02.14 Petiitions for Relief from Provisions of Government Code 945.4 187
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.14
Excerpt: ...1.2, 945.4. If the application is not timely presented, the injured party may apply for leave to present a late claim within a reasonable time, not to exceed one year. Gov. Code § 911.4. If the application is denied, the injured party may petition to the trial court for relief from the provisions of Government Code section 945.4. Gov. Code § 946.6. In order to be entitled to relief under Government Code section 946.6, petitioner must establish ...
2020.02.14 Motion to Strike Reply Brief 410
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.02.14
Excerpt: ...guage of Code of Civil Procedure section 643(c) does not expressly allow for the filing of reply briefs when an objector files objections to a referee's recommendations. Monier's reply brief, however, is limited in scope and addresses a significant issue surrounding the payment of claims. The brief addresses further 3 legal arguments on issues raised by the parties. The court will consider Monier's reply brief in light of the significance of the ...
2020.02.14 Motion for Prejudgment Interest 637
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2020.02.14
Excerpt: ...ble of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor from paying the debt. As a preliminary matter, the court finds that the motion is not barred as untimely. Neither Civil Code section 3287 nor any other rule specifies when prejudgment interest mus...
2020.02.14 Motion for Judgment on the Pleadings 147
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.14
Excerpt: ...ion including (1) fraud in the inducement – intentional misrepresentation; (2) negligent misrepresentation; (3) fraud in the inducement – concealment; (4) fraud in the performance of contract – intentional misrepresentation; (5) violation of the SongBeverly Act; and (6) violation of the Consumers Legal Remedies Act. Defendants contend that each of plaintiffs' claims is barred by the applicable statute of limitations. Defendants also contend...
2020.02.14 Motion for Attorneys' Fees 483
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.14
Excerpt: ... of Business and Professions Code section 17200. Plaintiffs' fourth and fifth causes of action are wholly based on the purported violations of Civil Code sections 2923.5, 2924.11, and 2923.7. Nationstar's motion for judgment on the pleadings was granted with respect to plaintiffs' first, third and fourth causes of action. Subsequently, Nationstar moved for summary judgment on the 14 second and fifth causes of action, which motion was granted. A j...
2020.02.14 Demurrer 811
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.14
Excerpt: ... accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of fa...
2020.02.07 Motion to Reopen Discovery, Conduct Second Deposition 825
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.07
Excerpt: ... lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) the likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party; and (4) the length of ...
2020.02.07 Demurrer 627
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.07
Excerpt: ... The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. Plaintiff's third cause of action alleges negligent infliction of emot...
2020.02.07 Demurrer 521
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.07
Excerpt: ...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 court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth o...

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