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907 Results

Location: Shasta x
2025.02.10 Motion to Compel Responses 647
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.02.10
Excerpt: ... Plaintiffs have provided sufficient evidence of their efforts to meet and confer prior to filing the motion. Merits. A party may move to compel further responses to interrogatories if the propounding party deems the responses to be evasive or incomplete or that an objection is without merit or too general. CCP § 2033.300(a). (a) Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably a...
2025.02.10 Motion for Terminating Sanctions 774
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.02.10
Excerpt: ...ded within 20 days of notice of entry of order. Proofs of service of the notices of entry of order indicate electronic service on October 9, 2024. The deadline for compliance with the Court's order has long passed. Plaintiff has failed to provide responses. The Court also imposed sanctions of $1,590.00. Plaintiff has failed to pay the sanctions as ordered. Defendants now move for additional monetary and terminating sanctions on the grounds that P...
2025.02.10 Motion for Summary Judgment 215
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.02.10
Excerpt: ...o the action. CCP § 437c(a). The Court must determine from the evidence presented that there i s no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. CCP § 437c(c). In moving for summary judgment, a defendant has met his burden of showing that a cause of action has no merit if he has shown that one or more elements of the cause of action cannot be established, or that there is a complete...
2025.02.10 Motion for Partial Judgment Notwithstanding the Verdict 371
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.02.10
Excerpt: ...directed verdic t in favor of the moving party should have been granted during trial had such motion been made.” Notice of Motion, p. 1, lns. 23.5 -26.5. Defendants Charles H. Marx, Marlene Marx (individually and as Trustees of The Marx Family 2012 Trust), and Cory Herzberg oppose the motion. Through this motion, the Plaintiffs are requesting the Court to make an order setting aside the jury's verdict on their trespass cause of action and order...
2025.02.10 Motion for Issue, Evidentiary, Sanctions 083
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2025.02.10
Excerpt: ... of Defendants' kn owing, intentional, willful, oppressive, and malicious misconduct, it is conclusively established they are legally responsible for the Covid outbreak at the Windsor facility in September 2020 that caused the death of Plaintiffs; and • It is conclusively established that Defendants knowingly, intentionally, willfully, oppressively, and maliciously neglected Plaintiffs by clear and convincing evidence after they contracted Covi...
2025.02.10 Motion to Compel Further Responses and Deposition of PMQ 273
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2025.02.10
Excerpt: ....310(b), and 20 25.450(b)(2) a motion to compel further responses, and a motion to compel deposition of a PMQ, respectively, must be accompanied by a meet and confer declaration. The Declaration of Maria Roberts establishes compliance with this requirement. Further Responses to RFPs: The scope of discovery is broad. Any matter that is admissible evidence or appears reasonable calculated to lead to the discovery of admissible evidence is relevant ...
2025.02.03 Motions to Compel Further Responses 924
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2025.02.03
Excerpt: ...ries, Employment and General, Set One, 2) Form Interrogatories, General, Set Two, 3) Requests for Admission, Set One, and 4) Requests for Production, Set One. Pursuant to CCP §§ 2030.300(b), 2031.310(b), 2033.290(b) motions to compel further responses must be accompanied by a meet and confer declaration. A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution o...
2025.02.03 Motion for Summary Judgment, Adjudication 674
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.02.03
Excerpt: ...otes Defendants' objection to Plaintiff's Opposition filed on January 16, 2025, on the basis that it was untimely filed. An Amendment to CCP § 473c went into effect on January 1, 2025. “An opposition to the motion shall be served and filed not less than 20 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.” CCP § 437c(b)(2). Defendants did not articulate any prejudice caused by the two...
2025.02.03 Motion for Summary Judgment 446
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2025.02.03
Excerpt: ...the remittitur of the case. On April 22, 2022, this Court issued a Ruling on Motion for Appointment of Medical Expert, consistent with the Appellate Court's decision. On September 18, 2024, this Court issued an Order to Show Cause (“OSC”) to Place Defendant's Motion for Summary Judgment Back on Calendar. Both Plaintiff and Defendant filed and properly noticed responses to the OSC, which the Court duly considered. Given the totality of the cir...
2025.01.27 Motion for Judgment on the Pleadings 387
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.01.27
Excerpt: ...Plaintiff has provided evidence of sufficient meet and confer efforts. Request for Judicial Notice. Plaintiff requests the Court take judicial notice of the Court's Order dated September 30, 2024. This request is granted pursuant to Evid. Code § 452(d). Merits. CCP § 438(c)(1)(A) provides a plaintiff may move for judgment on the pleadings if the complaint states sufficient facts to constitute a cause of action and the answer does not state fact...
2025.01.27 Motion for Judgment on the Pleadings 335
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.01.27
Excerpt: ...evidence of sufficient meet and confer efforts. Request for Judicial Notice. Plaintiff requests the Court take judicial notice of the Court's Order dated August 12, 2024. This request is granted pursuant to Evid. Code § 452(d). Merits. CCP § 438(c)(1)(A) provides a plaintiff may move for judgment on the pleadings if the complaint states sufficient facts to constitute a cause of action and the answer does not state facts sufficient to constitute...
2025.01.27 Motion for Attorney Fees 243
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.01.27
Excerpt: ...ion that specifi cally allows prevailing buyers to recover their costs, including attorney's fees. Civ. C. § 1794(d). The attorney's fee award is limited to the amount the court determines was reasonably incurred by the buyer in commencing and prosecuting the action, based on actual time expended. The prevailing buyer has the burden of proving the fees were both reasonably necessary to conduct 6 the litigation and reasonable in amount. Civil Cod...
2025.01.21 Motion for Change of Venue 642
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.01.21
Excerpt: ...e convenience of witnesses and the ends of justice would be promoted by the change. CCP § 397. In a motion for change of venue, the moving party bears the burden of establishing whatever facts are needed to justify transfer. Mission Imports, Inc. v. Sup. Ct. (Monterey Bay Co., Inc) (1982) 31 Cal. 3d 9421. The declarations must contain admissible evidence. A change of venue cannot be based on declarations consisting of hearsay and conclusions. Li...
2025.01.21 Motion to Compel Depositions 811
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2025.01.21
Excerpt: ...Casey Fatch, 4) Michelle Hammer, 5) Michelle Gaffney, and 6) Becky Prather. SRMC opposes the Motion. Meet and Confer: A motion brought under CCP § 2025.450(a) shall be accompanied by a meet and confer declaration under CCP § 2016.040. The Declaration of Elizabeth Teixeira sufficiently describes meet and confer efforts and the Court finds that the meet and confer requirement has been satisfied. Merits: A party may move for an order compelling a ...
2025.01.21 Motion for Protective Order 811
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2025.01.21
Excerpt: ...s that Mr. Daugaard is an apex employee with no unique or superior relevant first -hand knowledge of the claims alleged in Plaintiff's First Amended Complaint. Plaintiff opposes the Motion. Meet and Confer: A motion brought under CCP § 2025.420(a) shall be accompanied by a meet and confer declaration under CCP § 2016.040. The Declaration of John Macrill sufficiently describes meet and confer efforts and the Court finds that the meet and confer ...
2025.01.13 Motion to Enforce Settlement 210
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2025.01.13
Excerpt: ...rust (Gonzalez Defendants) oppose the moti on. The Court notes that in addition to the First Amended Complaint filed on October 8, 2022, several Cross -Complaints were filed in this matter. The Patterson Defendants filed a Cross -Complaint against the Gonzalez Defendants on November 14, 2022. The Gonzalez Defendants filed a CrossComplaint against the Patterson Defendants on January 23, 2023. The matter resolved during an MSC on September 9, 2024....
2025.01.13 Motion for Summary Judgment 583
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.01.13
Excerpt: ...oth of the Oppositions being considered. Request for Judicial Notice. Defendant requests the Court take judicial notice of the Complaint and Answer filed in this matter, the Petition and Request for Dismissal filed in Shasta County case No. 29257 and the fact that a Motion to Enforce the Settlement pursuant to CCP § 664.6 was not filed by Plaintiff in Case no. 29257. Each request is granted pursuant to Evid. Code §§ 452(d) and 453. Legal Stand...
2025.01.13 Motion for Leave to File FAC 172
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.01.13
Excerpt: ...n the party to be added to the lawsuit (County of Shasta) and the Court's first degree relative as required by California Code 4 of Judicial Ethics, Canon 3E(2). Tentative Ruling on Motion for Leave to File First Amended Complaint: Plaintiffs Timothy Locke and Deborah Metzger move to for leave to file a First Amended Complaint that names the County of Shasta as a defendant and adds an Eighth Cause of Action alleging Failure to Perform Mandatory D...
2025.01.13 Motion for Attorney Fees 713
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2025.01.13
Excerpt: ...ctions or proce edings are entitled to their costs, as hereinafter provided.” CCP § 1021. Allowable costs include “Attorney's fees, when authorized by any of the following: (A) Contract. (B) Statute. (C) Law.” CCP § 1033.5(a)(10). Here, Plaintiff is the prevailing party on all of her causes of action. The causes of action for which attorney fees are authorized are: the First, For Domestic Violence under Cal. Civ. Code § 1708.6(c), the Se...
2025.01.13 Demurrer 924
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2025.01.13
Excerpt: ... leave to amend. Defe ndant City of Redding demurs to the Fourth Cause of Action of the Second Amended Complaint, on the grounds that: 1) Plaintiff exceeded the Court's Order granting leave to amend, 2) The SAC fails to allege facts sufficient to constitute a cause of action for CFRA retaliation, 3) Plaintiff failed to exhaust her administrative remedies under the FEHA, and 4) the pleading is uncertain. Plaintiff opposes the demurrer. Meet and Co...
2025.01.13 Demurrer 584
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2025.01.13
Excerpt: ...er: CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Marissa Vandersluys demonstrates compliance with this requirement. Merits: A demurrer can be used to challenge defects that appear on th...
2025.01.06 Motion for Summary Judgment, Adjudication 471
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.01.06
Excerpt: ... material fact and that the moving party is entitled to judgment as a matter of law. “A plaintiff or cross -complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross -complainant has met that burden, the burden shifts to the defendant or cross -defendant to show tha...
2025.01.06 Motion for Leave to File SAC 171
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2025.01.06
Excerpt: ...t take into account the current procedural posture of this case. The Motion incorrectly states that this matter is not at issue because Defendant Rawlins has not filed an Answer. In fact, Defendant Rawlins filed an Answer to the Complaint on June 6, 2024, and an Answer to the First Amended Complaint on September 4, 2024. Additionally, Plaintiffs state that this matter is set for a trial setting conference on June 3, 2024. That date is obviously p...
2025.01.06 Motion for Judgment on the Pleadings 785
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2025.01.06
Excerpt: ...eadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by CCP § 438, the rules governing demurrers apply. Cloud v. Northrop Grumman Corp. (1998) 67 Cal. App. 4th 995, 999; Templo v. State of Calif. (2018) 24 Cal. App. 5th 730, 735 (motion for judgment on the pleadings is equivalent to a demurrer). The grounds for a motion for judgment on the pleadings must appear on the face of...
2025.01.06 Motion for Judgment on the Pleadings 416
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2025.01.06
Excerpt: ...fendant did not oppose the motion to deem matters admitted, and the Court granted the motion on September 30, 2024. Plaintiff moves for Judgment on the Pleadings, on the ground that the Complaint states facts sufficient to constitute a cause of action and, because matters in request for admission have now been deemed admitted, defendant does not state facts sufficient to constitute a defense. The Motion is unopposed. Meet and Confer: “The movin...

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