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1118 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...
2023.01.31 Motion to Compel Arbitration 647
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.31
Excerpt: ...ation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 1405. A defendant seeking to compel arbitration under the FAA bears the burden of establishing the applicability of the FAA along with establishing the existence of a written agreement between the parties to arbitrate. Hoover v. American Income Life Insurance Co. (2012) 206 Cal.App.4th 1193, 1207; Nixon v. AmeriHone Mortgage Company, LLC (...
2023.01.31 Demurrer to SAC 901
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.31
Excerpt: ...& (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. However, the court does not assume the truth of contentions, deductions, or conclusions of fa...
2023.01.31 Demurrer to FAC 993
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.31
Excerpt: ...der 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.) 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.) Plaintiff alleges several causes of action in her first amended complaint ...
2023.01.24 Motion to Set Aside Entry of Default, Judgment 949
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.24
Excerpt: ... the documents as they appear in the court file rather than as they are presented by defendant. Plaintiff's request for judicial notice is granted. Ruling on the Motion Defendant Taylor's motion to set aside entry of default and default judgment is granted. The court may set aside default due to the moving party's “mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) A motion to set aside default must ...
2023.01.24 Motion to Contest Application for Good Faith Settlement 631
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.24
Excerpt: ...ired by the Code. In light of the filing of Ikeda's motion contesting the application, the court will exercise its discretion to consider the application on the merits. The settlement of fewer than all joint tortfeasors must be made in good faith with respect to the remaining defendants. (Code Civ. Proc., §§ 877, 877.6.) “The party asserting the lack of good faith shall have the burden of proof on that issue.” (Id. § 877.6, subd. (d).) In ...
2023.01.24 Motion for Summary Adjudication 445
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.24
Excerpt: ...ove for summary adjudication as to one or more causes of action if the party contends there is no affirmative defense to the cause of action. (Code Civ. Proc., § 437c, subd. (f)(1).) The moving party bears the initial burden of establishing each element of the cause of action entitling them to judgment as a matter of law. (Id. subds. (f)(1), (p)(1).) Only if this initial burden is met will the burden shift to the opposing party to establish a tr...
2023.01.24 Motion for New Trial 701
Location: Placer
Judge: Clark, Linda
Hearing Date: 2023.01.24
Excerpt: ... The judgment conforms to the court's prior verdict and order filed May 27, 2022. Defendants includes both procedural and substantive arguments. The primary procedural argument is that the court did not issue a required statement of decision. The verdict and decision of the court is, in substance, a statement of decision. Although a statement of decision is not required unless timely requested (see C.C.P. § 632), the court may nevertheless prepa...
2023.01.24 Demurrer to FAC 285
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.24
Excerpt: ...ations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. 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.) 8 D...
2023.01.24 Demurrer 803
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.24
Excerpt: ... is sustained. A party may demur where the pleading does not state facts sufficient to constitute a cause of action or when the complaint is uncertain. (Code Civ. Proc. § 430.10, subds. (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 (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matte...
2023.01.17 Demurrer to SAC 691
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.17
Excerpt: ...on. See Jones v. Kmart Corp. (1998) 17 Cal.4th 329. 6 A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action or when the pleading is uncertain. Code Civ. Proc. § 430.10(e) & (f). 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 assu...
2023.01.17 Demurrer, Motion to Strike 351
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.17
Excerpt: ...tice in support of the reply were untimely filed. The court exercises its discretion to consider the untimely reply brief. The request for judicial notice in support of the reply, however, is denied as it introduces new evidence to which Ms. Chandler has not had the opportunity to respond. 5 Ruling on the Motion The Saegers' demurrer is overruled in its entirety. A party may demur where the pleading does not state facts sufficient to constitute a...
2023.01.17 Motion for Protective Order 755
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.17
Excerpt: ...further disclosure of such designated documents to individuals outside of the litigation. A party responding to discovery or “any other party or affected person” may promptly move for a protective order. (Code Civ. Proc., § 2031.060, subd. (a).) Upon a showing of good cause, the court “may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression,” and may include a...
2023.01.12 Demurrer to SAC 474
Location: Placer
Judge: Dehr, Christine S
Hearing Date: 2023.01.12
Excerpt: ...tiff initially alleges she learned shortly after the 2005 purchase of the Oakbridge property that defendant and decedent obtained a loan to cover a portion of their $500,000 deposit. (SAC ¶¶16‐18, 20, 21, 26, 27.) However, plaintiff goes on to allege she did not learn of their failure to deposit the $500,000 into the escrow account until the filing of the original complaint in 2020. (SAC ¶40.) These conflicting allegations are insufficient t...
2023.01.10 Motion to Compel Arbitration 379
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.10
Excerpt: ...ded within five years from institution of the proceeding. An insured formally institutes arbitration proceedings by notification in writing sent to the insurer by certified mail. (Ins. Code § 11580.2(i)(1)(C); Santangelo v. Allstate Ins. Co. (1998) 65 Cal.App.4th 804, 811‐812.) In this case, the parties agree that claimant instituted arbitration proceedings on March 14, 2017. The parties both assert that the deadline to conclude arbitration pr...
2023.01.10 Motion to Amend Judgment 049
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.10
Excerpt: ... action pursuant to Code of Civil Procedure section 187. ABC obtained a judgment against SPC, Kevin Hengl and Stephanie Hengl on December 22, 2020. Plaintiff is unable to collect the judgment from SPC, which was apparently shut down by Kevin Hengl prior to this litigation commencing. Kevin Hengl and Stephanie Hengl both obtained a bankruptcy discharge after judgment was entered. ABC submits evidence supporting the conclusion that Kevin Hengl, the...
2023.01.10 Motion for Terminating Sanctions 907
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.10
Excerpt: ...ting “repeated conduct of failing to comply with discovery obligations may lead the court to find an abuse of the discovery process and award sanctions on that basis.” Defendants present evidence plaintiff failed to submit responses by October 14, 2022 or by the date the instant motion was filed. Defendants further present evidence plaintiff did not respond to meet and confer efforts, both prior to the motion to compel and the instant motion....
2023.01.10 Motion for Summary Adjudication 567
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.10
Excerpt: ...f Steven Alves seeks summary adjudication as to his first cause of action for breach of contract and second cause of action for misappropriation of trade secrets. A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defen...
2023.01.10 Application for Right to Attach Order and Writ of Attachment 129
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.10
Excerpt: ...d to permit them to retain counsel and submit their formal opposition to the application for right to attach order. The court granted relief August 30, 2022; however, defendants later filed a notice of stay showing they had sought bankruptcy relief August 23, 2022, prior to the date the court granted the RTAO. The bankruptcy was later dismissed; plaintiff applied ex parte for issuance of the RTAO; the court set this matter for hearing, with a sch...
2023.01.05 Motion for Protective Order 668
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2023.01.05
Excerpt: ..., litigation is an adversarial process. Nonetheless, “it is vital to the integrity of our adversary legal process that attorneys strive to maintain the highest standards of ethics, civility, and professionalism in the practice of law.” (People v. Chong (1999) 76 Cal.App.4th 232, 243.) Civility and courtesy are expectations of the legal profession, they are not weaknesses. “As officers of the court with responsibilities to the administration...
2023.01.03 Motion to Consolidate 034
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.03
Excerpt: ...order consolidation of actions involving a common question of law or fact. (Code Civ. Proc., § 1048, subd. (a).) Here, both matters involve the same real property known as 8021 Eagle View Lane, Granite Bay, CA 95746. Tucker contends she is entitled to continued possession of the premises as equitable or legal owner of the subject property by virtue of her having been deemed the last and highest bidder as a statutorily eligible tenant buyer under...
2023.01.03 Motion to be Released from Arbitration 841
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.03
Excerpt: ...r by the opposing party. Plaintiffs rely on Weiler v. Marcus & Millichap Real Estate Investment Services, Inc. (2018) 22 Cal.App.5th 970 for the proposition that when a party is unable to afford to continue arbitration, that party may seek relief from the superior court. However, the Weiler case involved a party who had engaged in arbitration in good faith for years. Plaintiffs present no evidence they have engaged in arbitration. Plaintiffs pres...
2023.01.03 Motion for Summary Judgment 091
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.03
Excerpt: ...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 establishing 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 burden is met does the burden shift to the oppo...
2023.01.03 Motion for Summary Adjudication 619
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.03
Excerpt: ...aration in support of motion for preliminary injunction was filed on June 25, 2020 and Andrew R. Cassano's declaration was filed August 10, 2020, but not as to the truth of the assertions contained therein. Plaintiff's objection number 21 is sustained. Plaintiff's objections are otherwise overruled. As plaintiff correctly points out, defendant's responses to plaintiff's SSUMF and defendant's SSDMF are not formatted correctly. (Cal. Rules of Court...
2023.01.03 Motion for Summary Adjudication 567
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.01.03
Excerpt: ...f Steven Alves seeks summary adjudication as to his first cause of action for breach of contract and second cause of action for misappropriation of trade secrets. A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defen...

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