Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

121 Results

Clear Search Parameters x
Location: Placer x
Judge: Holley, Glenn M x
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...
2022.04.19 Motion for Stay Pending Appeal 565
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2022.04.19
Excerpt: ...ommissioner was “vested with the authority to hear any future or further hearings or the trial in this case, whether contested or uncontested, as Judge Pro Tempore.” Upon stipulation of the parties, a court commissioner is empowered to adjudicate a “cause” until its final determination. Cal. Const., art. VI, § 21. The determination of a cause encompasses subsequent proceedings that are its “direct progeny,” but not those considered �...
2020.09.18 Demurrer 311
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.09.18
Excerpt: ...d fifth causes of action in the petition for negligence, intentional misrepresentation, and conversion. A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or accuracy of the described conduct. Picton v. Anderson Union High School (1996) 50 Cal.App.4th 726, 733. All properly pleaded facts are assumed to be true as well as those that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal.3d 311, ...
2020.07.24 Special Motion to Strike 961
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.07.24
Excerpt: ...72, 75, 76 and 80‐82 are sustained. The remaining objections are overruled. Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted. With respect to Exhibits 15, 16, 18‐ 25, 28, 30, 32‐34, and 36‐40, the court takes judicial notice of the fact that these documents were filed in a prior action, but not the truth of factual statements made therein. Ruling on Motion Defendant Brookfield Homeowners' Associatio...
2020.07.10 Motion to Set Aside Default 851
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.07.10
Excerpt: ... p. 4.) A proof of service of summons filed April 9, 2010, states that Hoehn was served by substituted service on “Shannon Smith, Girlfriend – Co‐Occupant” on April 1, 2010, after several unsuccessful attempts. A declaration of mailing states that the summons and complaint were mailed to the service address on April 2, 2010. No answer was filed within the time required by law, and Hoehn's default was entered on May 18, 2010. Hoehn moves t...
2020.06.19 Motion to Set Aside and Vacate Judgment 099
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.06.19
Excerpt: ... LLC's (“SNP's”) prior motion to enforce, as well as a proposed judgment thereon. The court's ruling did not provide further 3 direction on the contents of the proposed judgment. Subsequent to this action, on March 16, 2020, the court entered a modified ruling on submitted matter and judgment thereon. SNP now moves to vacate the March 16, 2020 judgment (“the Judgment”) pursuant to Code of Civil Procedure section 663. In its reply brief, S...
2020.06.19 Motion for Summary Judgment 389
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.06.19
Excerpt: ...McNally”) moves for summary judgment as to plaintiffs' cause of action for negligent misrepresentation. The party seeking summary judgment bears the burden of showing there is no triable issue of material fact and that the party is entitled to judgment as a matter of law. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no tria...
2020.06.12 Motion to Reopen Discovery 095
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.06.12
Excerpt: ... 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 discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party; and (4) the length of time elapsed between the date previously set, and the date presently set,...
2020.06.12 Motion to Disqualify Counsel 799
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.06.12
Excerpt: ...ddresses a conflict between a party's right to choose its counsel and the overall needs of the judicial system to maintain ethical standards of professional responsibility for attorneys. Comden v. Superior Court (1978) 20 Cal.3d 906, 915; People ex rel. Dept. of Corrections v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (SpeeDee Oil). “The paramount concern must be to preserve public trust in the scrupulous administration of j...
2020.06.12 Motion to Compel Responses 251
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.06.12
Excerpt: ...031.300(c). However, 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. Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, overruled on other grounds in Garcia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4. Farmers Insurance Exchange's Motion to Compel Responses to Special Interrogatories Farmers Insurance Exchange's mo...
2020.06.05 Motion to Compel Further Responses 011
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.06.05
Excerpt: ...'s motion to compel is granted in part, and denied in part, as follows: 9 Defendant's motion to compel further responses to Form Interrogatories Nos. 6.4, 6.5 and 6.7 is granted. Responses to interrogatories must be “as complete and straightforward as the information reasonably available to the responding party permits. If an interrogatory cannot be answered completely, it shall be answered to the extent possible.” Code Civ. Proc. § 2030.220...
2020.05.29 Motion for Judgment on the Pleadings 929
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.05.29
Excerpt: ... may be made on the grounds that a cause of action does not state facts sufficient to constitute a valid cause of action. Code Civ. Proc. § 438. Defendant's motion seeks judgment on the complaint on the grounds that the complaint is not verified. As a preliminary matter, a motion for judgment on the pleadings does not appear to be the proper vehicle to challenge the complaint due to the lack of verification. The proper objection where a party fa...
2020.05.29 Motion for Summary Adjudication 799
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.05.29
Excerpt: ...g objections are overruled. Plaintiffs' objections to the declaration of William Flournoy are ruled on as follows: Objection Nos. 3, 7 and 8 are sustained. The remaining objections are overruled. Plaintiffs' objections to the declaration of Frieda Fisher‐Dubois are ruled on as follows: Objection No. 2 is sustained. The remaining objections are overruled. Plaintiffs' objections to other evidence submitted by defendants are ruled on as follows: O...
2020.05.29 Motion for Summary Judgment 539
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.05.29
Excerpt: ... to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. Plaintiff submits evidence establishing an agreement to provide legal services to defendant Paul Nau. (Pltf. SSUMF 1.) During the course of that representation, plaintiff sent defendant monthly billing statements which detailed the services provided, the time expended, the costs incurred, and the balance due. (Pltf. SSUMF 4.) Defendant m...
2020.05.29 Motion for Summary Adjudication 653
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.05.29
Excerpt: ...ed the “supplemental opposition” filed by plaintiff on May 8, 2020. The court notes that plaintiff first filed opposition to defendant's motion on August 30, 2019. After the court granted a continuance pursuant to Code of Civil Procedure section 473c(h), plaintiff filed a subsequent opposition on March 6, 2020. The supplemental opposition would be the third responding memoranda to plaintiff's motion, and considering the supplemental oppositio...
2020.05.22 Motion for Judgment on the Pleadings 527
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.05.22
Excerpt: ...expired. Code Civ. Proc. § 438. The same rules governing demurrers apply. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999. 5 Tort liability against a public entity requires an authorizing statute or enactment. Gov. Code § 815(a); Searcy v. Hemet Unified School Dist. (1986) 177 Cal.App.3d 792, 802. Plaintiff points to no statutory authority to assert a claim against a public entity for general negligence, or for premises liability...
2020.05.22 Application for Writ of Attachment, Right to Attach Order 563
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.05.22
Excerpt: ...fession. Code Civ. Proc. § 483.010(c). Damages must be measurable by reference to the contract itself, and the basis for computing damages must be reasonable and certain. CIT Group/Equipment Financing, Inc. v. Super DVD, Inc. (2004) 115 Cal.App.4th 537, 541. Based upon review of the plaintiff's application, the court finds pursuant to Code of Civil Procedure section 483.010 that plaintiff has established the probable validity of the claim exceed...
2020.05.15 Motion for Summary Judgment 491
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.05.15
Excerpt: ...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 existence of a triable issue of material fact. Id. The motion for summary judgment must be supported by evidence establishing the moving party's right to relief. Regents of Univ. of Cal. v. Superior Court (1996) 41 Cal.App.4th 1040, 1044. “There is no obligation on the opposing party … t...
2020.05.15 Motion for Summary Adjudication, Appointment of Referee 055
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.05.15
Excerpt: ...ng, 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 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 existence of a triable issue of material fact. Aguilar v. A...
2020.03.13 Motion to Compel Further Responses to Discovery 225
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.03.13
Excerpt: ...ments which he contends are responsive to these requests, and states that he has produced all responsive documents. Defendant submits no evidence suggesting that plaintiff may have additional documents which are responsive to these requests which have not been produced. The motion is denied as to Request Nos. 13 and 14. Plaintiff did not waive applicable objections as to these requests, as the objections were timely served within the one week ext...
2020.03.13 Demurrer 123
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.03.13
Excerpt: ...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 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. Pride's dem...
2020.02.28 Special Motion to Strike 961
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.28
Excerpt: ... are ruled on as follows: Objection Nos. 4 (as to the last sentence only), 8, 10, 11 (as to the second sentence only), 12, 13, 15, 18, 19, 20, 29, 32, 40, 41 and 42 are sustained. The remaining objections are overruled. 8 Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted. With respect to Exhibits 15, 16, 18‐ 25, 28, 30, 32‐34, and 36‐40, the court takes judicial notice of the fact that these documents ...
2020.02.28 Motion to Compel Responses, Deem Requests for Admission Admitted 799
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.28
Excerpt: ... amount of $810 from plaintiffs' counsel. Code Civ. Proc. § 2033.280(c). Motion to Quash Depositions Subpoenas and for Protective Order As a preliminary matter, the court has considered plaintiffs' untimely reply in ruling on this motion. Plaintiffs move to quash a deposition subpoena for production of business records served on law firm Wells, Small, Fleharty & Weil, and depositions subpoenas served on Steve A. Small, Esq. and Dara Stead. Depos...
2020.02.21 Motion to Set Aside and Vacate Judgment, Enter Another and Different Judgment 099
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.21
Excerpt: ...e ruling on submitted matter issued September 2, 2019, upon which the November 4, 2019 judgment is based, and enter an amended ruling on submitted matter and new and different judgment. Code of Civil Procedure section 663 empowers the trial court to set aside a judgment based on a decision by the court., where there is an incorrect or erroneous legal basis for the 2 decision, not consistent with or not supported by the uncontroverted facts. Glen ...
2020.02.21 Demurrer 445
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.21
Excerpt: ... of the plaintiff's 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 judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of content...
2020.02.14 Demurrer 811
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.14
Excerpt: ... 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 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 fa...
2020.02.14 Petiitions for Relief from Provisions of Government Code 945.4 187
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.14
Excerpt: ...1.2, 945.4. If the application is not timely presented, the injured party may apply for leave to present a late claim within a reasonable time, not to exceed one year. Gov. Code § 911.4. If the application is denied, the injured party may petition to the trial court for relief from the provisions of Government Code section 945.4. Gov. Code § 946.6. In order to be entitled to relief under Government Code section 946.6, petitioner must establish ...
2020.02.14 Motion for Attorneys' Fees 483
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.14
Excerpt: ... of Business and Professions Code section 17200. Plaintiffs' fourth and fifth causes of action are wholly based on the purported violations of Civil Code sections 2923.5, 2924.11, and 2923.7. Nationstar's motion for judgment on the pleadings was granted with respect to plaintiffs' first, third and fourth causes of action. Subsequently, Nationstar moved for summary judgment on the 14 second and fifth causes of action, which motion was granted. A j...
2020.02.14 Motion for Judgment on the Pleadings 147
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.14
Excerpt: ...ion including (1) fraud in the inducement – intentional misrepresentation; (2) negligent misrepresentation; (3) fraud in the inducement – concealment; (4) fraud in the performance of contract – intentional misrepresentation; (5) violation of the SongBeverly Act; and (6) violation of the Consumers Legal Remedies Act. Defendants contend that each of plaintiffs' claims is barred by the applicable statute of limitations. Defendants also contend...
2020.02.07 Motion to Reopen Discovery, Conduct Second Deposition 825
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.07
Excerpt: ... 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 discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party; and (4) the length of ...
2020.02.07 Demurrer 627
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.07
Excerpt: ... 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. Plaintiff's third cause of action alleges negligent infliction of emot...
2020.02.07 Demurrer 521
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.02.07
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 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 o...
2020.01.31 Motion for Summary Judgment 513
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.01.31
Excerpt: ...duction 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 existence of a triable issue of material fact. Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at 850. The motion for summary judgment must be supported by evidence establishing the moving party's right to relief. Regents of Univ. of Cal. v. Superior Court (1996) 41 Cal.App.4th ...
2020.01.31 Demurrer 471
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.01.31
Excerpt: ...rays for holdover damages beginning on November 1, 2019, a date that is prior to expiration of the 3‐day notice, in addition to seeking past‐due rent of $3,800. The 3‐day notice suggests that the total requested may include amounts that do not constitute unpaid rent, such as “late penalties or other fees accumulated”. Finally, the 3‐day notice fails to comply with Code of Civil Procedure section 1161(2), as it fails to state how the r...
2020.01.24 Demurrer 905
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.01.24
Excerpt: ...ent 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 the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The first amended comp...
2020.01.17 Motion for Attorneys' Fees 287
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.01.17
Excerpt: ...1. Nevertheless, the court maintains discretionary power to grant relief. Id. at 289‐290; Lee v. Wells Fargo Bank, N.A. (2001) 88 Cal.App.4th 1187, 1200. In this case, the court finds that plaintiff's failure to timely file its motion for fees was due to the excusable neglect of counsel. The court further finds that the motion for relief was made within a reasonable time, and that defendant will not be prejudiced by permitting relief. According...
2020.01.17 Demurrer 825
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.01.17
Excerpt: ... 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 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 tr...
2020.01.17 Demurrer 523
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.01.17
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 the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, ...
2020.01.10 Motion for Summary Adjudication 759
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.01.10
Excerpt: ...n if she contends that there is no merit to one or more causes of action alleged in the complaint. Code Civ. Proc. § 437c(f)(1). A moving defendant has the initial burden of showing that a cause of action has no merit, or there is a complete defense to the cause of action. Code Civ. Proc. § 437c(p)(2). If defendant meets her initial burden, the burden shifts to plaintiff to show the existence of a triable issue of material fact as to the cause ...
2020.01.10 Special Motion to Strike 813
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.01.10
Excerpt: ....16(a); see also Sylmar Air Conditioning v. Pueblo Contracting Svcs., Inc. (2004) 122 Cal.App.4th 1049, 1055‐1056. In determining whether an action or claim is a SLAPP suit subject to a special motion to strike , the court evaluates first whether the claim arises out of the defendant's protected speech or petitioning activity, and second whether plaintiff can show a probability of success on the merits. Navellier v. Sletten (2002) 29 Cal.4th 82...
2020.01.10 Petition to Approve Transfer of Payment Rights 029
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.01.10
Excerpt: ...court approval of S.W.'s transfer of future life‐contingent payments in the amount of $835,048.21 in exchange for $10,000. S.W. states that he is 35 years old, with no minor children. He states that he is currently unemployed, experiencing a financial hardship, and that he will use the money to purchase an RV or mobile home, and an affordable car. S.W. states that he has applied to the court for approval of prior transfers of his structured set...
2020.01.03 Motion to Dismiss Action on Grounds of Inconvenient Forum 207
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.01.03
Excerpt: ...927. Defendant must show that a suitable alternative forum exists, and that the balance of private and public interest factors makes it just that litigation proceed in the alternative forum. Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751. Where plaintiff is a California resident, there is a strong presumption in favor of plaintiff's choice of forum. Nat'l Football League v. Fireman's Fund Ins. Co., supra, 216 Cal.App.4th at 926‐927. “[E]xc...
2020.01.03 Motion for Discharge of Liability Based on Interpleader 547
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.01.03
Excerpt: ...jurisdiction. Greener v. Workers' Compensation Appeals Board (1993) 6 Cal.4th 1028, 1037. However, plaintiff's moving papers raise certain issues which must be addressed before discharge may be granted. First, plaintiff's notice of motion indicates that the subject funds total $251,837.19, which plaintiff proposes to interplead. However, the declaration of Chere Tait indicates that the subject funds total $264,337.19, and the opposition filed by ...
2020.01.03 Demurrer 707
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2020.01.03
Excerpt: ...ngs are deemed true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Plaintiff alleges that Lacy Hart, a probation officer, submitted a falsified or inaccurate report in connection with a criminal action involving plaintiff. As a probation officer, defendant is entitled to absolute immunity from claims relating to the preparation, provision and filing of presenting re...
2019.9.27 Motion to Set Aside Settlement Agreement 157
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2019.9.27
Excerpt: ...ily Trust (“Maehler”), and defendant and cross‐complainant Rex Harrison (“Harrison”). Following two days of mediation, the parties entered into a settlement agreement and mutual release of claims (“the Settlement Agreement”), attached as Exhibit A to the declaration of Gregory Koonce. In relevant part, the Settlement Agreement states: b. Each Party shall grant to the other Parties an express non‐exclusive easement for ingress and ...
2019.9.27 Motion for Summary Adjudication 663
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2019.9.27
Excerpt: ... overruled. Defendants' objection to the supplemental declaration of Jay Brown is sustained. 3 Ruling on Motion Defendants move for summary adjudication as to plaintiff's prayer for punitive damages. A defendant may move for summary adjudication as to a claim for punitive damages if the party contends that there is no merit to the claim. Code Civ. Proc. § 437c(f)(1). A moving defendant has the initial burden of showing that a claim has no merit....
2019.9.27 Moion for Summary Judgment, Adjudication 307
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2019.9.27
Excerpt: ...uses of action for reformation of instrument and declaratory relief. The party seeking summary judgment bears the burden of showing there is no triable issue of material fact and that the party is entitled to judgment as a matter of law. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. The moving party has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in favor of the party. Cons...
2019.9.13 Motion for Summary Adjudication 653
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2019.9.13
Excerpt: ...tinuance under Code of Civil Procedure section 437c(h) as facts essential to justify opposition to defendants' motion may exist, but cannot, due to difficulties in obtaining necessary discovery, be presented at this time. Appearance is required in order to determine a reasonable continued hearing date for the motion. Motion to Expunge Lis Pendens The parties' requests for judicial notice are granted. 4 Defendants' motion to expunge lis pendens is...
2019.9.6 Demurrer 913
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2019.9.6
Excerpt: ...intiff's 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 judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deduc...
2019.8.9 Motion to Set Aside Default Judgment 593
Location: Placer
Judge: Holley, Glenn M
Hearing Date: 2019.8.9
Excerpt: ...it. Trackman v. Kenney (2010) 187 Cal.App.4th 175, 180. However, where extrinsic fraud or mistake exists, or where the judgment is facially void without resort to extrinsic evidence, the motion may be made at any time. Id. at 181. In this case, default judgment was entered against defendant based on the proof of service filed October 30, 2007. The proof of service indicates that defendant was served by substituted service at her dwelling house or...

121 Results

Per page

Pages