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1037 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...
2022.10.06 Motion to Dismiss 656
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2022.10.06
Excerpt: ...2) states that a court may dismiss the complaint after a demurrer is sustained with leave and the plaintiff fails to amend within the time allotted by the court. Dismissal here is discretionary; the court has discretion to accept an untimely amended pleading. (Harlan v. Department of Transportation (2005) 132 Cal.App.4th 868, 873.) The delay in filing the SAC was brief. Plaintiff filed the SAC five days after the timeline set by the court. The em...
2022.10.06 Motion for Final Approval of Class Action and PAGA Settlement 826
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2022.10.06
Excerpt: ...t of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (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 armslength bargaining; (2) the investigation and discovery were sufficient to allow class counsel and the court to act intelligently; (3) class counsel is exp...
2022.10.04 Motion to Compel Arbitration 929
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.10.04
Excerpt: ...ublic policy in favor of arbitration that is frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d Dist. 2010) 189 Cal.App.4th 1399, 1405.) Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. (Cruise v. Kroger Co. (2d Dist. 2015) 233 Cal.App.4th 390, 396.) It is ...
2022.10.04 Motion for Summary Judgment, Adjudication 643
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.10.04
Excerpt: ...uest for judicial notice is granted. Plaintiffs' request for judicial notice is granted. Plaintiffs' objections to portions of the declaration of Matthew Recore are overruled. Plaintiffs' objection 1 to the declaration of Chris Airola is sustained; all other objections are overruled. Defendants' objections to the declaration of Lina Drake are overruled. 3 Ruling on the Motion A party is entitled to bring a motion for summary judgment where there ...
2022.10.04 Motion for Summary Adjudication 389
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.10.04
Excerpt: ... move for summary adjudication as to one or more causes of action. Code Civ. Proc. § 437c(f)(1). The moving party has the burden of showing undisputed facts 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. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, th...
2022.10.04 Motion for Reconsideration 949
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.10.04
Excerpt: ...showing of new or different facts, circumstances, or law along with a satisfactory explanation as to why the evidence was not presented at an earlier time. (Code Civ. Proc., § 1008; Shiffer v. CBS Corp. (1st Dist. 2015) 240 Cal.App.4th 246, 255.) The moving party bears the burden of showing that the 2 information supporting reconsideration is such that the moving party could not, with reasonable diligence, have discovered or produced it at trial...
2022.10.04 Demurrer 547
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.10.04
Excerpt: ...25) and nos. 136‐137 (following the original ¶ 137). Where the court refers to repeated paragraph numbers herein, the second instance of each number is designated by an asterisk (e.g., 115*). If the complaint is amended (see below), the amended complaint should comply with all applicable Rules of Court. Demurrer to complaint by First American, Bernier, and McDermott Defendants First American Title Company, Jessica Bernier, and Caryn McDermott ...
2022.09.27 Motion to Compel Arbitration 557
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.09.27
Excerpt: ...n The arbitration statutes evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d Dist. 2010) 189 Cal.App.4th 1399, 1405.) Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. (Cruise v. Kroger Co. (2d...
2022.09.27 Demurrer to TAC 749
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.09.27
Excerpt: ...sufficient to constitute a cause of action. C.C.P. § 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 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 judicial...
2022.09.20 Motion to Compel Further Discovery Responses 491
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.09.20
Excerpt: ... for sanctions, while acknowledging the need for production as described below. A party demanding inspection, copying, testing, or sampling of documents, tangible things, electronically store information and other property— here referred to as a request for production—may move to compel a further response to the demand where the responding party's statements of compliance or representations of inability to comply are incomplete or otherwise i...
2022.09.20 Motion for Discovery Protective Order 501
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.09.20
Excerpt: ...ative or duplicative; or is obtainable from some other source that is more convenient, less burdensome, or less expensive; or whether the discovery method employed is unduly burdensome or expensive taking into account the need of the case and the importance of the issues at stake. Code of Civil Procedure section 2019.030. Church's request for an order excusing it from responding to any of plaintiff's special interrogatories is denied except as pr...
2022.09.13 Demurrer to SAC 767
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.09.13
Excerpt: ... the Motion Defendants' demurrer to the SAC is overruled. A party may demur where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (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 (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no ma...
2022.09.06 Motion for Preliminary Injunction 721
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.09.06
Excerpt: ...ts from threatening plaintiff with legal action. Evidentiary Rulings Plaintiff's requests for judicial notice are granted and defendants' objection thereto is overruled. Defendants' objections to portions of the Wiener declaration are overruled. Ruling on the Motion The court may grant a preliminary injunction when it appears from the complaint the plaintiff is entitled to the demanded relief and the plaintiff would suffer irreparable injury if t...
2022.08.30 Motion for Summary Judgment 351
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.08.30
Excerpt: ...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 opposing party to show a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the supporting evidence, and inferences reasona...
2022.08.30 Motion for Summary Judgment 221
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.08.30
Excerpt: ...rty is entitled to judgment as a matter of law. (Code Civ. Proc., §§ 437c, subd. (c); 1170.7.) The moving party has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in its favor. (Consumer Cause, Inc. v. SmileCare (2d Dist. 2001) 91 Cal.App.4th 454, 468.) In reviewing a motion for summary judgment, the court must view the supporting evidence, and inferences reasonably drawn from such evidence...
2022.08.30 Motion for Leave to File FACC 323
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.08.30
Excerpt: ...ded in California Rules of Court, rule 3.1324. Furthermore, the declaration in support of the motion was untimely filed. (Code Civ. Proc., § 1005.) Ms. Dolmo filed a “First Amended Cross‐Complaint” on July 19, 2022 without leave of court to do so. This filing is ordered stricken. Finally, Ms. Dolmo lodged several exhibits with the court in support of this motion designated as “sealed exhibits.” No notice of motion to seal was filed and...
2022.08.30 Application for Right to Attach Order and Writ of Attachment 129
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.08.30
Excerpt: ...ome. The matter was set for hearing and, at defendants' request, continued to permit them to retain counsel and submit their formal opposition to the application for right to attach order. Prejudgment attachment is available on a contract claim for money where the claim is fixed or readily ascertainable in an amount not less than $500. Attachment is not available where the claim is fully secured by real property. Where attachment is sought agains...
2022.08.25 Petition to Approve Compromise of Disputed Claim of Minor 150
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.08.25
Excerpt: ...Rules of Court, Rule 7.955(a)(1); Schulz v. Jeppesen Sanderson, Inc. (2018) 27 Cal.App.5th 1167, 1174.) This includes the court weighing the factors set forth in Rule 7.955. (Ibid.) The court has carefully considered and weighed the factors, determining that a reduction is necessary to reflect a reasonable award. Anson's injuries arise from a high speed collision where he was a passenger in his parents' vehicle. Anson, his brother Alden, his moth...
2022.08.25 Motion to Compel Arbitration and Dismiss Claims or Stay Proceedings 804
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.08.25
Excerpt: ... in light of plaintiff's agreement to arbitration pursuant the terms of defendant's dispute resolution program. A petition seeking to compel arbitration under the FAA may be brought in state court. (Southland Corp. v. Keating (1984) 465 U.S. 1, 16; Main v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1977) 67 Cal.App.3d 19, 24, disapproved of on other grounds in Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394.) The FAA...
2022.08.25 Motion for Cost of Proof Sanctions 108
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.08.25
Excerpt: ...property taxes for the subject property. Defendant's response stated an inability to either admit or deny. Plaintiff later prevailed on her motion for summary adjudication as to defendant's twelfth affirmative defense for adverse possession. Plaintiff asserts the failure to admit to RFA no. 24 negated a key element to the adverse possession defense. The purpose of requests for admissions is to resolve triable issues, short of trial, to expedite t...
2022.08.23 Motion to Quash Service of Summons and FAC 509
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.08.23
Excerpt: ...e of summons and first amended complaint is granted. Defendant seeks to quash service based on defective service and the doctrine of tribal sovereign immunity. As to defective service, this court previously granted a motion to quash based on sovereign immunity. Plaintiff's proof of service filed April 22, 2022 showing mailed service on defense counsel on March 26, 2022. However, following a successful motion to quash, service must be personally s...
2022.08.23 Motion for Attorney Fees 891
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.08.23
Excerpt: ... for $70,056.50 is reasonable. Determining the reasonable amount of attorney's fees begins with the lodestar method, that is, the number of hours reasonably expended multiplied by the reasonable hourly rate. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) The lodestar figure may then be adjusted, based upon factors specific to the case, to fix the fees at a fair market value for the legal services provided. (Ibid.) The court carefully revie...
2022.08.23 Demurrer to TAC 125
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.08.23
Excerpt: ...nduct. 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. The demurrer ...
2022.08.18 Motion for Summary Judgment 832
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.08.18
Excerpt: ... shall grant a motion for summary judgment 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 of Civil Procedure section 437c(c).) The moving party bears the initial burden of establishing that one or more elements of a cause of action cannot be established or there is a complete defense to the cause of action. (Id. at 437c(p)(2).) ...

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