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1392 Results

Location: Placer x
2023.09 Motion for Summary Judgment, Adjudication 108
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2023.09
Excerpt: ...ll 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).) A party to the acton may also move for summary adjudication 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 m...
2023.10.03 Motion to Compel Responses 603
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.10.03
Excerpt: ...is on which to rule on such a motion. Judgment creditor's request for judicial notce is granted. The unopposed motion is granted. (Code Civ. Proc., SS 708.020, 2030.290.) Judgment debtor is ordered to provide responses, without objections, to judgment creditor's interrogatories set one within 21 days of service of notice of this order. Judgment creditor's request for sanctions is denied as the motion was unopposed and judgment creditor failed to ...
2023.10.03 Demurrer to SAC 851
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.10.03
Excerpt: ...ot state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. (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 tru...
2023.10.03 Demurrer 201
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.10.03
Excerpt: ...onsidered the information therein. A party may demur where the court has no jurisdiction of the subject of the cause of 11 action alleged in the pleading. (Code Civ. Proc. S 430.10, subd. (a).) 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 improbab...
2023.10.03 Motion for Trial Preference 357
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.10.03
Excerpt: ...aintiffs' objection number 3 to portions of the declaration of Bryan Kreft is sustained. Plaintiffs' objections are otherwise overruled. Plaintiffs' motion for trial preference is granted. The court finds plaintiff Nan Shaw is over 70 years of age, has a substantial interest in the action as a whole, and her health is such that preference is necessary to prevent prejudicing her interest in the litigation. (Code Civ. Proc., S 36, subd. (a).) While...
2023.09.28 Motion to Amend Judgment and Add Judgment Debtors 132
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2023.09.28
Excerpt: ...ority to amend a judgment to include additional non-party judgment debtors under an alter ego theory. (Curci Investment, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 222.) This is true even where the judgment is based upon a summary judgment motion. (see Down Jones Co., Inc. v. Avenel (1984) 151 Cal.App.3d 144, 148-149.) Nonetheless, the judgment creditor must make a show-ng, by a preponderance of the evidence, that the nonparty alter ego entity con...
2023.09.26 Motion to Seal 223
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.09.26
Excerpt: ...swer on September 2, 2022. The court requests County of Placer Office of Education to provide an endorsed filed copy of their answer to the court by p.m. on October 3, 2023. The court apologizes for the inconvenience and thanks the County of Placer Office of Education for its cooperation. Ruling on Motion Plaintiff's unopposed motion to seal is granted. Court records are presumed to be open to the public unless confidentiality is required by law....
2023.09.26 Motion to Compel Further Responses 995
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.09.26
Excerpt: ...ith attempt to resolve the issue informally. (Code Civ. Proc., SS 2030.300, subd. (b)(l), 2015.040; Local Rule 20.2.1.) While plaintiffs present evidence of their attempts to meet and confer leading up to the filing of the instant motion, defendant submitted a responsive meet and confer letter after the moving papers were filed indicating a willingness to further meet and confer and a willingness to provide further responses upon the execution of...
2023.09.26 Demurrer to FAC 925
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.09.26
Excerpt: ...ct. (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 facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) The court may only refer to matters outside the pleading that are s...
2023.09.21 Motion to Compel Responses 616
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2023.09.21
Excerpt: ...ponses to interrogatories are not mandatory where there is no opposition to the motion. (Code of Civil Procedure section 2030.290(c).) It is true that there are no meet and confer requirements to grant a motion for initial responses. Nonetheless, it seems to this court that a party filing multiple discovery motions against an opposing party who is active in the litigation should demonstrate attempts to informally resolve discovery disputes when s...
2023.09.21 Demurrer, Motion to Strike 630
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2023.09.21
Excerpt: ...in the pleading 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 court, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 503.) A review of the first, second, third, and fourth causes of ...
2023.09.21 Demurrer 566
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2023.09.21
Excerpt: ...ructural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 503.) The complaint is reviewed keeping this in mind. First Cause of Action — Constructive Fraud Plaintiff's first cause of achon alleges a claim for constructive fraud. This ty...
2023.09.19 Demurrer to FACC 367
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.09.19
Excerpt: .... (c), (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. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or co...
2023.09.19 Motion for Summary Judgment, Adjudication 355
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.09.19
Excerpt: ...ve for summary judgment or, in the alternative, summary adjudication to all remaining causes of action in the second amended complaint. Evidentiary Rulings Plaintiff's request for judicial notice is granted. Plaintiff's objection number one is sustained as to the entirety of defendants' separate statement. Plaintiff's objections are otherwise overruled. 3 Ruling on the Motion The motion is denied. Defendants' moving papers failed to include admis...
2023.09.19 Motion to Consolidate 143
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.09.19
Excerpt: ...s matter and denies plaintiff's motion to strike the untimely filing. The parties are on notice the court expects their compliance with the Code of Civil Procedure and the California Rules of Court, and any future untimely filings will be stricken by the court. Plaintiff's request for judicial notce is granted. Defendant's request for judicial notice is granted. Defendant's objection to the instant motion is overruled. Ruling on the Mohon The cou...
2023.09.19 Demurrer, Motion to Strike FAC 333
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.09.19
Excerpt: ...lso demur in an achon founded upon contract if it cannot be ascertained from the pleading whether the contract is written, oral, or implied by conduct. (ld. at subd. 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. W...
2023.09.12 Motion to Expunge Lis Pendens 103
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.09.12
Excerpt: ...the motion. Thusly, the court will proceed to hear the merits of the motion, taking into consideration arguments made in the supplemental briefing along with the allegations in the FAC. Ruling on Motion The motion is granted. Generally, there must be an action #nding before a court prior to a party recording a lis pendens against a property. (Code of Civil Procedure sections 405.20, 22.) Said another 9 way, a lis pendens notice may only be record...
2023.09.12 Motion to Disqualify 259
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.09.12
Excerpt: ...l other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto." (Code Civ. Proc., S 128, subd. "Code of Civil Procedure section 128, subdivision (a)(5) gives courts the power to order a lawyer's disqualification. [Citation.]" (DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 831— 32, citation omitted.) A disqualification motion addresses a conflict between a party's right to choose...
2023.09.12 Motion for Preliminary Approval of Class Action Settlement 313
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.09.12
Excerpt: ...ement is (1) fair and reasonable, (2) the class notice is adequate, and (3) certification of the class is proper. (In re Cellphone Fee Termination Cases (2010) 186 Cal.App.4th 1380, 1389.) Further, the court reviews the moving papers along with the entirety of the court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA-related statute. (Lab. Code, S 2699(1); CYConnor v. Uber Tech...
2023.09.12 Motion for Leave to File SAC 347
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.09.12
Excerpt: ...aining to dismissed defendant Hudson Insurance Co., to omit the cause of action under Vehicle Code section 11711, and to add additional causes of action against Exclusive for violations of the Consumer Legal Remedies Act, violation of the unfair Competition Law, fraudulent misrepresentation, concealment, and negligent misrepresentation. Exclusive opposes the motion. The court may permit a party to amend a pleading in the furtherance of justice an...
2023.09.07 Motion to Compel Arbitration 620
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2023.09.07
Excerpt: ... as to Exhibit B. Ruling on Motion The motion is denied. In the current request, Nissan NA seeks to compel arbitration, invoking both the FAA and the CAA, between ftself and plaintiff pursuant to an arbitration provision included in the retail installment sales contract (RISC) executed by plaintiff and Future Nissan Inc. A defendant seeking to compel arbitration under the FAA bears the burden of establishing the applicability of the FAA along wit...
2023.08.31 Motion for Summary Judgment 718
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2023.08.31
Excerpt: ... Motion In the current challenge, defendants Brian Peters and SCS-CA seek either summary judgment or summary adjudication as to the claims alleged against them in the complaint. They argue each cause of action is barred under the doctrine of judicial estoppel. The trial court shall grant a moton 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 judgm...
2023.08.31 Demurrer, Motion to Strike 572
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2023.08.31
Excerpt: ...ions may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (21%3) 113 Cal.App.4th 597, 603.) The complaint is reviewed keeping this in mind. As to the fifth, sixth, and seventh causes of action, the allegations within the compla...
2023.08.29 Motion for Summary Adjudication 595
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2023.08.29
Excerpt: ...arty bears the initial burden of establishing each element of the cause of achon entitling them to judgment as a matter of law. (ld. subds. (f)(l), Only if this initial burden is met will the burden shift to the opposing party to establish a triable issue of material fact. (ld. subd. (p)(l).) In reviewing a motion for summary adjudication, the court must view the supporting evidence and all reasonable inferences drawn from the evidence in the lig...
2023.08.24 Motion to Enforce Request for Admissions Order, for Monetary, Issue, or Terminating Sanctions 738
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2023.08.24
Excerpt: ...lling plaintiff to fulfill her discovery obligations and respond to the propounded written discovery. The first three discovery motions were heard on February 23, 2023. At that time, the court did not impose any form of sanctions but did admonish plaintiff that sanctions could be awarded in the future if plaintiff failed to comply with her discovery obligations. Plaintiff still would not comply with her discovery obligations or the court's three ...

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