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619 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...
2021.02.26 Motion for Summary Judgment, Adjudication 713
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Motion for Summary Judgment 961
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Motion for Summary Judgment 881
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Motion for Relief Due to Noncompliance 329
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Demurrer 007
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.26 Motion to Set Aside Default, Judgment 049
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.25 Motion for Summary Judgment, Adjudication 970
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.02.25
Excerpt: ... no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) A plaintiff seeking summary judgment must establish each element of the cause of action to meet its initial burden. (Code of Civil Procedure section 437c(p)(1).) Once a plaintiff proves its prima facie case, the burden of proof shifts to the defendant to prove material facts. (Code of Civil Procedure section 437c(p)(1).) In reviewing a motion for summa...
2021.02.25 Motion for Summary Judgment, Adjudication 512
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.02.25
Excerpt: ...tice of motion here only seeks summary judgment without specifically requesting summary adjudication. The failure to seek summary adjudication is also reflected in defendants' separate statement. A party seeking summary adjudication must identify each of the specific causes of action challenged in the separate statement. (California Rules of Court, Rule 3.1350(b), (d), (h).) Defendants failed to do this in their separate statement. The deficienci...
2021.02.25 Motion for Summary Judgment, Adjudication 446
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.02.25
Excerpt: ...re 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).) A party to the action may also move for summary adjudication if that party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) The moving party bears the initial burden of establishing that one or elements of a cause of action ca...
2021.02.25 Motion for Attorney's Fees 002
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.02.25
Excerpt: ...by that firm in this action until July 30, 2020 when he PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 10 of 13 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR FEBRUARY 25, 2021 AT 8:30 A.M. became self‐represented. A sampling of only some of the many disparaging, accusatory and alarming comments made by respondent S...
2021.02.25 Application to Recall Writs of Execution, for Sanctions 622
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.02.25
Excerpt: ... the court's June 14, 2018 ruling. The issuance of these writs against the defendants was improper. The June 14, 2018 ruling awarded plaintiffs $13,745 in attorney's fees and $474.37 in costs related to a motion to set aside defaults entered against defendants. The basis for the set aside was attorney fault under Code of Civil Procedure section 473(b) and the court's ruling clearly identifies attorney fault as the sole basis for setting aside the...
2021.02.19 Demurrer 653
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.19
Excerpt: ...oes 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. The de...
2021.02.19 Demurrer 195
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.19
Excerpt: ...nderson (2009) 179 Cal.App.4th 775, 787. 8 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. The parties are advised that no extrinsic evidence may be considered in ruling on the demurrer. Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881. The demurrer is overruled with respect to the first cause of action for breach of ...
2021.02.19 Motion to Compel Further Responses 913
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.19
Excerpt: ... assertions to the contrary. Plaintiff shall serve verified further responses to special interrogatory Nos. 4, 44, 48, 84, 86, 88 and 89, without objections, on or before March 5, 2021. Defendant is awarded sanctions from plaintiff and his counsel, jointly and severally, in the amount of $547.50. Motion to Compel Deposition Defendant's motion to compel deposition is granted. Code of Civil Procedure section 2025.310(b) states: Subject to Section 2...
2021.02.19 Demurrer 759
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.19
Excerpt: ...h 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. The demurrer is sustained as to the third cause of action for negligence. Government tort liability depends on the existence of an authorizing statute or enactment. Sear...
2021.02.19 Motion for Summary Judgment 511
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.19
Excerpt: ...n September 2, 2020. 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). A plaintiff moving for summary judgment bears the burden of persuasion that there is no defense to the action. Code Civ. Proc. § 437c(a)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden ...
2021.02.11 Motion to Vacate Default Judgment or Stay of Enforcement 212
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.02.11
Excerpt: ...fact plaintiff is not proceeding with the unlawful detainer based upon a nonpayment of rent. Plaintiff makes it clear that the action is based upon the failure to perform covenants other than the failure to pay rent. (Complaint ¶9.a(5).) Plaintiff maintaining the option to proceed with nonpayment of rent in her 3‐day notice does not require plaintiff to comply with Section 1179.03 when plaintiff chooses to proceed by the other performance cove...
2021.02.11 Motion to Compel Further Deposition Responses 446
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.02.11
Excerpt: ...based upon the “self‐critical analysis privilege.” Defendant submits the court has inherent power to recognize the privilege, even though case law and the Evidence Code do not recognize the privilege. The court declines to recognize the claimed privilege. “The Evidence Code recognizes 13 privileges, each in a separate article. (Evid.Code, §§ 930–1063.) The self‐critical analysis privilege is not among them.” (Cloud v. Superior Cou...
2021.02.11 Demurrer 932
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.02.11
Excerpt: ...09) 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.) In the current challenge, cross‐defendants contend the FACC is a sham pleading. Under the sham pleading doctrine, a pleader is precluded from amending complaints to omit harmful allegations, without explanation, to avoid a demurrer...
2021.02.11 Demurrer 723
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.02.11
Excerpt: ...iciency 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. The demurrer is overruled as to plaintiff's first cause of action for negligence. With respect to this cause of action, plaintiff a...
2021.02.11 Demurrer 532
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.02.11
Excerpt: ...d appears on the face of the complaint or from matters of which the court may or must take judicial notice.” (Aaronoff v. Martinez‐Seftner (2006) 136 Cal.App.4th 910, 918.) Here, defendants challenge all five causes of action asserting each is barred by the applicable statute of limitations. However, the allegations within the complaint do not bear this out. Plaintiff alleges defendants acknowledged, promised to pay, and made payments on the ...
2021.02.05 Motion to Reopen Discovery 207
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.05
Excerpt: ...e Civ. Proc. § 2024.050(a). Relevant factors that may be considered by the court in ruling on the motion include: (1) the necessity and the reasons for the discovery; (2) the diligence or 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 d...
2021.02.05 Motion for Summary Adjudication and Interlocutory Judgment 407
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.05
Excerpt: ...437c(f)(1). The moving party has the burden of showing, by affidavit, 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 3 moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the exist...
2021.02.05 Demurrer 676
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2021.02.05
Excerpt: ...legations 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. As a preliminary matter, defendants have not complied with Code of Civil Procedure section 430.41(a)(3) by filing the required meet and confer declaration. However, based upon its review of the parties' filings in this action, the court concludes that requiring the parties to meet and con...

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