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1428 Results

Location: Placer x
2022.03.22 Motion to Consolidate 391
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.03.22
Excerpt: ... 29, 2014 (“the Trust action”). Code of Civil Procedure section 1048 permits consolidation of multiple actions which involve common questions of law or fact. In determining whether multiple actions pending in the same court should be consolidated, the court examines various issues, including the timeliness of the motion, whether granting consolidation would cause undue confusion or complexity, and whether consolidation would adversely prejudi...
2022.03.22 Motion to Consolidate 107
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.03.22
Excerpt: ...Trust action”). 3 Code of Civil Procedure section 1048 permits consolidation of multiple actions which involve common questions of law or fact. In determining whether multiple actions pending in the same court should be consolidated, the court examines various issues including the timeliness of the motion, whether granting consolidation would cause undue confusion or complexity, and whether consolidation would adversely prejudice the rights of ...
2022.03.22 Motion for Attorney Fees 065
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.03.22
Excerpt: ...motion, or through a cost memorandum at the conclusion of the litigation). Johnson filed a special motion to strike the first, second, third, fourth and ninth causes of action alleged by defendant and cross‐complainant Aimee Lubell (“Lubell”) in the first amended cross‐complaint. The court granted the motion as to the first, second, and fourth causes of action in their entirety, and as to Paragraph Nos. 51, 53 and 54 of the third cause of...
2022.03.17 Motion for Summary Judgment 036
Location: Placer
Judge: Pineschi, Alan V
Hearing Date: 2022.03.17
Excerpt: ...and the exhibits attached thereto, and Exhibit 4 to the Plaintiffs' Motion for Summary Judgment. /// PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR MARCH 17, 2022 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 2 of 10 Ruling on the Motion In the current request, plaintiffs seek summary judgment against def...
2022.03.17 Motion for Determination of Good Faith Settlement 580
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.03.17
Excerpt: ...ivil Procedure section 877.6. Defendants Aspen Earthworks, Inc. and Aspen Developers, Corp's Motion for Judgment on the Pleading as to Plaintiff's Complaint Ruling on Request for Judicial Notice The Aspen defendants' request for judicial notice is denied and plaintiff's objection no. 2 is sustained. They request the court take judicial notice of the original complaint filed by plaintiff, which was superseded through the filing of the first amende...
2022.03.15 Motion for Summary Adjudication 659
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.03.15
Excerpt: ...e overruled. Ruling on Motion Defendant Placer Valley Sports Complex, Inc. seeks summary adjudication as to the first, third, fourth and sixth causes of action alleged in the complaint filed by Sherry Larsen, 4 individually and dba California State Enterprises. A party may move for summary adjudication if there is no merit to one or more causes of action and the motion completely disposes of a cause of action. Code Civ. Proc. § 437c(f)(1). The m...
2022.03.15 Motion for Attorney Fees 214
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.03.15
Excerpt: ...rder to prevent a trustee's sale of her home due to several alleged violations of the California Homeowner Bill of Rights (“HBOR”). The fees were awarded pursuant to Civil Code section 2924.12(h), which states: A court may award a prevailing borrower reasonable attorney's fees and costs in an action brought pursuant to this section. A borrower shall be deemed to have prevailed for purposes of this subdivision if the borrower obtained injuncti...
2022.03.15 Anti-SLAPP Motion to Strike 435
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.03.15
Excerpt: ...��scorched earth'; nor does it mean lack of civility. [Citations.] Zeal and vigor in the representation of clients are commendable. So are civility, courtesy, and cooperation. They are not mutually exclusive.” In re Marriage of Davenport (2011) 194 Cal.App.4th 1507, 1537. As one court stated, “[t]he timbre of our time has become unfortunately aggressive and disrespectful. Language addressed to opposing counsel and courts has lurched off the p...
2022.03.11 Motion to Compel Responses, for Sanctions 360
Location: Placer
Judge: Clark, Linda
Hearing Date: 2022.03.11
Excerpt: ...ay time limit for response, responses have been filed, and 2 there is no evidence that any abuse of the discovery process was intended or occurred (C.C.P. § 2030.290(c)). Defendant's companion request to be relieved from the statutory waiver of objections to interrogatory responses is granted. The responses served by Defendant are substantially compliant with the requirements of the Discovery Act and, as previously noted, the failure to serve ti...
2022.03.10 Motion to Compel Responses 958
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.03.10
Excerpt: ...Hope shall provide verified responses, without objections, to form interrogatories, set one, within ten days of service of the signed order after hearing. Sanctions in the amount of $705.00 are imposed upon plaintiff Bank of Hope. The court notes plaintiff has engaged in a pattern of not responding to discovery propounded by defendants as seen in the court's prior orders after the June 18, 2020 hearings on defendants' discovery motions. Defendant...
2022.03.10 Demurrer to FAC 496
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.03.10
Excerpt: ...duct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) In this vein, the allegations are deemed to be true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) A review of the allegations within the first amended cross‐complaint, when read in conjunction with the partnership agreement attached to the pleading, are sufficient to plead both breach of fiduciary duty and neglige...
2022.03.08 Demurrer 355
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.03.08
Excerpt: ... 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 demurrer is sustained in its entirety. Plaintiff alleges ...
2022.03.08 Motion to Compel Responses 710
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.03.08
Excerpt: ... further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete.”) See also Leach v. Superior Court (1980) 111 Cal.App.3d 902, 95 (noting that no meet and confer is required where there is a “total failure to respond to interrogatories within the time prescribed by statute”). In light of the substance of the motion, it is subject to the 45‐day limit set...
2022.03.08 Special Motion to Strike 743
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.03.08
Excerpt: ...reinafter be referred to as “attorney defendants.” Attorney defendants caused a 3‐day notice to perform or quit to be served on plaintiff for an alleged violation of the lease. Attorney defendants thereafter filed against plaintiff a verified complaint for unlawful detainer. The unlawful detainer action is set for trial. In Count 4 of his First Amended Complaint, plaintiff alleges the 3‐ day notice and the verified complaint for unlawful ...
2022.03.03 Motion to Expunge Lis Pendens 468
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.03.03
Excerpt: ...on no. 1. Ruling on Motion The motion is granted and defendants are awarded $18,060.00 in attorneys' fees. In the current request, defendants seek to expunge the lis pendens notice filed by plaintiffs on April 6, 2021 along with the related recorded document. The expungement of a lis pendens involves a two prong analysis. The first prong involves a review of the complaint to determine whether a real property claim is involved. (Code of Civil Proc...
2022.03.03 Demurrer 732
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.03.03
Excerpt: ...iff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) In this vein, the allegations 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 demurrer is reviewed keeping this in mind. A review of the allegations within the complaint, when read as a whole and with the judicially ...
2022.03.01 Motion to Stay Discovery 287
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.03.01
Excerpt: ...ery in the civil action while the criminal action is pending. Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 885. In determining whether to grant a defendant's request to stay discovery, the court considers the extent to which the defendant's Fifth Amendment rights are implicated; the interests of the plaintiff in proceeding expeditiously and the potential prejudice of a delay; the burden the proceedings may impose on the defendants; t...
2022.03.01 Motion to Compel Further Responses 653
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.03.01
Excerpt: ...laintiff's counsel to defense counsel, which defendant argues was a valid settlement offer to settle plaintiff's claims against defendant for policy limits. Defendant further argues that the offer was accepted, and that a binding settlement agreement was entered into. This claim is the basis for defendant's second amended cross‐ complaint, which seeks specific performance of the alleged settlement agreement. Defendant moved for summary judgment...
2022.03.01 Application for Right to Attach Order and Issuance of Writ of Attachment 809
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.03.01
Excerpt: ...surable 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. In this case, defendant fails to establish that the claim sued on is a commercial claim. Against an individual, attachment lies only on a claim that arises “out of the conduct by the defendant of a trade, business or profession.” Code Civ. Proc....
2022.02.24 Motion for Summary Adjudication 361
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.02.24
Excerpt: ...ation as to their first cause of action for quiet title and second cause of action for declaratory relief along with summary adjudication of the corresponding quiet title and declaratory relief claims alleged in defendant's cross‐complaint. The motion is improper to grant on procedural grounds since it is aimed at pleadings that have been superseded by amendments. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HON...
2022.02.22 Motion for Protective Order 837
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.02.22
Excerpt: ...ection 2025.230; and (3) require meet and confer and mutual coordination over a period not exceeding five business days, for notices, subpoenas or requests for SPS PMQ deposition testimony or SPS percipient witness testimony occurring in Utah. A party or deponent may seek a protective order where, upon a showing of good cause, an order is necessary for protection from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. ...
2022.02.22 Motion for Leave to File Complaint 609
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.02.22
Excerpt: ...f a building at a job site where Bonner was performing work. At the time of the incident, Bonner was acting as an employee for Lawson and Lawson was performing work pursuant to a Master Subcontract Agreement with Turner. Turner contends that Lawson has a duty to defend, indemnify, and hold Turner harmless from plaintiff's claims pursuant to the language of the Master Subcontract Agreement. Thus on June 29, 2020, Turner tendered their defense and ...
2022.02.22 Demurrer 937
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.02.22
Excerpt: ...ied School District demurs to the first cause of action for dangerous condition of public property, alleged in plaintiff Gage Menezes's first amended complaint. 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....
2022.02.22 Demurrer 259
Location: Placer
Judge: Hirashima, Trisha
Hearing Date: 2022.02.22
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 9 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. The demurrer is sustained. A claim for i...
2022.02.17 Petition to Approve Compromise of Minor's Claim 496
Location: Placer
Judge: Jones, Michael W
Hearing Date: 2022.02.17
Excerpt: ...s but noted she still had mood swings, irritable behavior, and difficulties sleeping. There are no updated medical records establishing Ava has completely recovered from the emotional issues, sleeping, and headaches as attested to in paragraph 8.a. in the petition. The current petition now attests that the monies will be transferred to a custodian for Ava's benefit under the California Uniform Transfers to Minors Act [UTMA]. The attachments to th...

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