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1392 Results

Location: Placer x
2022.07.19 Motion for Good Faith Settlement Determination 123
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.07.19
Excerpt: ...judicial notice are granted. Pride's requests for judicial notice are granted. Ruling on the Motion 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 3 determining whether a settlement was entered into in good faith, th...
2022.07.19 Motion for Attorney Fees 895
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.07.19
Excerpt: ...ring with two discovery motions. A notice of settlement of the entire case was filed October 22, 2021. Defendant has agreed to pay plaintiff $150,000 in exchange for surrender of the subject vehicle, plus fees and costs to be determined by motion. Plaintiff now moves for an award of attorneys' fees and costs. Civil Code section 1794(d) authorizes the recovery of attorneys' fees to a buyer who prevails in an action under that section, “determine...
2022.07.19 Demurrer to FAC 283
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.07.19
Excerpt: ...cient to constitute a cause of action or if the pleading 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 matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2...
2022.07.19 Demurrer 865
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.07.19
Excerpt: ...Proc. § 430.10(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 (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. As to the third cause of action, the allegations of the complaint ...
2022.07.12 Petition to File Late Government Claim 199
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.07.12
Excerpt: ...as not discovered—and thus did not accrue—until March 2022; the claim was thereafter presented to SMUD in April 2022. A plaintiff has "reason to discover a cause of action when . . . she has reason to at least suspect a factual basis for its elements." JJ v. County of San Diego (2014) 223 Cal.App.4th 1214, 1222. Such suspicion then requires reasonable investigation on the part of plaintiff before plaintiff may invoke the late‐discovery rule...
2022.07.12 Motion to Set Aside Entry of Default 430
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.07.12
Excerpt: ...e “within a reasonable time, in no case exceeding six months” from the entry of default. (Ibid.) A party seeking Section 473(b) relief must do so with diligence. (See, e.g., Kendall v. Barker (1st Dist. 1988) 197 Cal.App.3d 619, 624 [Section 473(b) relief was not sought “within a reasonable time” when the moving party delayed five months and 24 days without explanation.]; Benjamin v. Dalmo Mgf. Co. (1948) 31 Cal.2d 523, 528 [finding an ab...
2022.07.12 Motion to File Answer and Demurrer Under Seal, Petition for Writ of Mandate Under Seal 153
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.07.12
Excerpt: ...it of mandate under seal; (3) petitioner's motion to file opposition to demurrer under seal; and (4) respondent's motion to file reply to demurrer under seal, the court rules as follows: The motions are granted. The court finds based on the moving papers and supporting documents filed with respect to each of the motions identified above that there exists an overriding interest that overcomes the right of public access to the records to be sealed....
2022.07.12 Motion for Attorney Fees 447
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.07.12
Excerpt: ... at all—pursuant either to statute or parties' agreement—are available for services at trial and on appeal.” (Morcos v. Bd. of Retirement (1990) 51 Cal.3d 924, 927, citation omitted.) The court must next address whether defendant's request for $134,899.87 is reasonable. Determining the reasonable amount of attorneys' fees begins with the lodestar method, that is, the number of hours reasonably expended multiplied by the reasonable hourly ra...
2022.07.12 Demurrer 035
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.07.12
Excerpt: ...rocedure section 425.10(a)(2), which requires a demand for judgment to state the amount demanded if recovery of money or damages is sought. The demurrer is overruled on this ground. A general demurrer challenges the sufficiency of the cause of action pleaded, and may be overruled if any valid cause of action is alleged. An improper demand for relief, while potentially subjecting the pleading to a motion to strike, does not vitiate an otherwise va...
2022.07.05 Motion to Compel Further Production of Docs 905
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.07.05
Excerpt: ...urpose of completing expert witness depositions. Defendants did not seek, and the court did not grant, an order extending the discovery cutoff date for the filing of motions to enforce discovery relating to expert depositions. The court also notes that the law and motion minutes from proceedings in this court on June 9, 2022, states “Discovery is closed. Disclosure[s] are closed. Expert discovery is closed.” Even if the court were to consider...
2022.07.05 Demurrer to SAC 355
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.07.05
Excerpt: ...notes that defendants Christina Montes and Regina Fraticelli are not named in the first or second causes of action. A party may demur where the pleading does 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...
2022.06.30 Motion to Compel Arbitration 216
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.06.30
Excerpt: ...urt shall order arbitration if it determines that an agreement to arbitrate the controversy exists, unless it is shown that either (1) the petitioner waived the right to compel arbitration, (2) grounds for revocation of the agreement exist, or (3) a party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party arising out of the same transaction. (Code of Civil Procedure section 1281.2.) A t...
2022.06.30 Motion to Compel Further Discovery Responses 458
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.06.30
Excerpt: ..., without further objections, to requests for admissions, nos. 25, 27, and 28 within 10 days of service of the signed order after hearing. The remainder of the motion is denied. Defendants' request for sanctions is denied. Initially, defendants did not prevail entirely on their motion as plaintiff properly asserted objections to requests that were much too broad and/or poorly tailored. Further, the court notes the meet and confer efforts here wer...
2022.06.30 Motion to Reopen Discovery 508
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.06.30
Excerpt: ...proceeding; and (4) the length of time that has elapsed between a prior trial setting and the presently set trial date. (Code of Civil Procedure section 2024.050(b)(1)‐(4).) Any request to reopen discovery also requires a declaration outlining the moving party's attempts to informally resolve the issue: “This motion shall be accompanied by a meet and confer declaration under Section 2016.040.” [Emphasis added.] (Code of Civil Procedure sect...
2022.06.28 Motion to Compel Arbitration 015
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.06.28
Excerpt: ... 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. (2015) 233 Cal.App.4th 390, 396. It is the petitioner that carries this initial burden of proving, by a preponderance of the evidence, the existence of a valid arbitration agreement. Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972. “‘...
2022.06.28 Motion for Reconsideration 323
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.06.28
Excerpt: ...S Corp. (2015) 240 Cal.App.4th 246, 255. The moving party bears the burden of showing that the information supporting reconsideration is such that the moving party could not, with reasonable diligence, have discovered or produced it at trial. New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212‐213. Reconsideration cannot be granted based on the moving party's claims that the court misinterpreted the law in its initial ruling. G...
2022.06.28 Motion for New Trial 158
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.06.28
Excerpt: ...roc. § 657(5)); 4. Insufficiency of the evidence to justify the decision of the court (Code Civ. Proc. § 657(6)); and 5. Error in law, occurring at trial and excepted to by the party making the application (Code Civ. Proc. § 657(7)). As a preliminary matter, the court finds that the motion was timely filed. Pursuant to Code of Civil Procedure section 659, a notice of intention to move for new trial must be filed “[w]ithin 15 days of the date...
2022.06.28 Demurrer, Motion to Strike 207
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.06.28
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 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 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. 9 T...
2022.06.23 Motion for Summary Adjudication 108
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.06.23
Excerpt: ...est for summary adjudication unripe and moot. The court disagrees with this assessment. The ripeness requirement is a doctrine of justiciability, which prevents courts from issuing purely advisory opinions. (Pacific Legal Foundation v. California Coastal Com. (1982) 33 Cal.3d 158, 170‐171.) “ ‘The controversy must be definite and concrete, touching the legal relations of parties having adverse legal interests. [Citation.] It must be a real ...
2022.06.23 Demurrer 812
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.06.23
Excerpt: ...the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) There is no concern with the likelihood that the complainant will prevail or whether the complainant has evidence to support the allegations. (Gervase v. Superior Court (1995) 31 Cal.App.4th 1218, 1224.) Indeed, for the purposes of the demurrer, all material facts are deemed true no matter how improbable those facts appear. (Ibid; Del E. Webb Corp. v. Structural Materials...
2022.06.21 Motion for Summary Judgment 075
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.06.21
Excerpt: ...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 reasonably drawn from such evidence, in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal....
2022.06.21 Demurrer 427
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.06.21
Excerpt: ... 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.) The unopposed demurrer is sustained. The complaint does not allege a valid cause of action for unlawful detainer. Plaintiff alleges the tenancy is exempt from the Tenant Protection Act of 2019 (“TPA”) but cites a subdivision for exemption that ...
2022.06.16 Motion to Comepl Arbitration and Stay Action 230
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.06.16
Excerpt: ... is, however, an exception to this general principle under the doctrine of equitable estoppel. (Ibid.) A nonsignatory defendant may enforce arbitration where plaintiff's claims are intimately founded in and intertwined with the underlying contract obligations. (Id. at pp. 495‐496.) Equitable estoppel prevents the plaintiff from relying on contractual terms against a nonsignatory while repudiating an arbitration clause contained within the contr...
2022.06.16 Demurrer, Motion to Strike 362
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.06.16
Excerpt: ...nderson (2009) 179 Cal.App.4th 775, 787.) There is no concern with the likelihood that the complainant will prevail or whether the complainant has evidence to support the allegations. (Gervase v. Superior Court (1995) 31 Cal.App.4th 1218, 1224.) Indeed, for the purposes of the demurrer, all material facts are deemed true no matter how improbable those facts appear. (Ibid; Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 60...
2022.06.07 Motion to Quash Subpoenas Duces Tecum 905
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2022.06.07
Excerpt: ...may subpoena documents or witnesses to be available at the trial for the purpose of establishing the profits or financial condition” of the defendant, to be released to plaintiff if liability for punitive damages in accordance with Civil Code section 3294 is established. In this action, moving defendant is potentially subject to liability for punitive damages and consequently plaintiff is statutorily entitled to subpoena the subject documents t...

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