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530 Results

Location: Shasta x
2022.10.03 Motion to Strike 031
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.10.03
Excerpt: ...P § 436(a). The Court can also strike any part of a pleading that is not drawn or filed in conformity with California law. CCP § 436(b). Here, Defendant moves to strike Plaintiff's claim for attorney's fees. California generally follows the American Rule related to attorney's fees, which provides that each party ordinarily pays his or her own attorney's fees. Varney Entertainment Group, Inc. v. Avon Plastics, Inc. (2021) 61 Cal.App.5th 222, 229...
2022.10.03 Motion for Summary Adjudication 493
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.10.03
Excerpt: ...n an action, one or more affirmative defenses, one or more claims for damages, or one or more issues 4 of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or...
2022.10.03 Demurrer 935
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.10.03
Excerpt: ...e facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente Unified ...
2022.09.26 Motion to Bifurcate 731
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.09.26
Excerpt: ...t pursuant to CCP §§ 598 and 1048(b). Merits of Motion: Pursuant to CCP § 1048(b) the Court may order a separate trial on any cause of action or issue in furtherance of convenience or to avoid prejudice or when separate trial will be conducive to expedition and economy. CCP § 598 also provides for bifurcation for the convenience of witnesses, the ends of justice or for the economy of efficient handling of the litigation. The objective of bifu...
2022.09.26 Motion for Final Approval of Class Action and PAGA Settlement 251
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.09.26
Excerpt: ..., Inc. et al was filed on January 9, 2020. The Wade matter was filed under the Private Attorney Generals Act of 2004 (“PAGA”). The proposed settlement is $1,000,000. The breakdown of payments, costs, and fees from the proposed settlements are as follows: Total Settlement Amount $1,000,000 Proposed Attorneys' Fees (35%) ‐$350,000 Litigation Costs and Expenses ‐$25,004.46 Settlement Administration Costs ‐$18,000 PAGA Claim Settlement Allo...
2022.09.26 Motion for Attorney Fees 331
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.09.26
Excerpt: ... Plaintiff also seeks $24,145.80 in costs and expenses against Lithia and GM jointly and severally. This matter settled and the Plaintiff was deemed to be the prevailing party entitled to attorney's fees upon motion. The issues are whether the attorney's fees are reasonable, and whether they should be apportioned between Defendants Lithia and General Motors. The Song‐Beverly Act contains a cost‐shifting provision that specifically allows prev...
2022.09.12 Motion to Augment Administrative Record 748
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2022.09.12
Excerpt: ...ive Record is the scope of the Project's certified administrative record (Record), which was certified and lodged with the Court on June 12, 2022, and supplemented on August 26, 2022. Petitioners seek to augment the Record with documents that fall into two categories: 1) secondary reference materials, and 2) previously approved Timber Harvest Plans from the Battle Creek Watershed, where the Project is located. Petitioners contend the Record shoul...
2022.09.12 Motion for Summary Judgment, Adjudication 623
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2022.09.12
Excerpt: ...ts 1 and 9 of the First Amended Complaint. Counts 2‐8 are specifically directed to BLC, while Counts 1 and 9 do not specify which party they are direct to. Only Count 9 includes any allegation against SPI. SPI's briefing and Separate Statement of Undisputed Material Facts only address Counts 1 and 9. Therefore, the Court hereby considers summary adjudication of Counts 1 and 9 only. Evidentiary Objections: Defendant SPI's objects to Plaintiff's ...
2022.09.12 Motion for Summary Judgment, Adjudication 111
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.09.12
Excerpt: .... Plaintiff is a BoardCertified Clinical Specialist in Orthopedic Physical Therapy. Plaintiff applied for the positon of Director of Physical Therapy at Defendant's Baas Clinic in or around April 2019. He applied through a recruiting agency, Delta Physician Placement. Delta typically charges $18,000 for a placement in addition to other costs (including loss of production, travel, lodging and relocation expenses). The total cost for placement to D...
2022.09.12 Demurrer 623
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.09.12
Excerpt: ... on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente Unified School District (1998) 65 Cal.App.4th 435, 438. No matter how unlikely, a plaintiff's allegations must be accepted as true for the pur...
2022.09.12 Application for Writ of Possession 144
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2022.09.12
Excerpt: ...uded in this proof of service are the Notice, Application, and Declaration. CCP § 1005(a)(2) and (b) require that the moving papers be served at least sixteen court days in advance of the hearing and five days are added for mailing. Thus, a mailing date of August 10, 2022 provides timely notice for a hearing on September 12, 2022. CCP §512.060 provides that in order to obtain a claim and delivery writ of possession, Plaintiff must: 1) demonstra...
2022.09.07 Demurrer 973
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2022.09.07
Excerpt: ... filed documents is GRANTED. The Court notes that such judicial notice is limited to “the existence of each document in a court file, including the truth of results reached” . . . “but not judicial notice of the truth of hearsay statements in decisions and court files. Courts may not take judicial notice of allegations in affidavits, declarations and probation reports in court records because such matters are reasonably subject to dispute a...
2022.09.07 Motion to Consolidate 338
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2022.09.07
Excerpt: ...Doe 5's father. Tentative Ruling on Motion to Consolidate: Plaintiffs in Shasta County Case No. 197338, John Does 1‐4, and Plaintiff in Shasta County Case No. 197803, John Doe 5, move to consolidate the two matters for all purposes pursuant to CCP § 1048(a). Defendants Anderson Union High School District and Greg Grandell oppose the Motion. Plaintiffs have complied with the procedural requirements listed in CRC 3.350. (a) When actions involvin...
2022.09.07 Motion for Leave to File Complaint 372
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2022.09.07
Excerpt: ...urt for leave to amend his pleading, or to file a cross‐complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross‐complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfei...
2022.09.07 Motion to Deny Judicial Confirmation of Good Faith Settlement 149
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.09.07
Excerpt: ... a motion requesting the court deny the application. On June 5, 2022, Defendant River Knolls filed an Application for Determination of Good Faith Settlement. It sought approval of a $100,000 settlement payable by River Knolls to Plaintiff. Defendant City of Redding filed the present motion requesting the Court deny the Application on July 27, 2022. A good faith determination bars any other joint tortfeasors or co‐obligors from any further claim...
2022.09.06 Motion to Compel Arbitration 897
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.09.06
Excerpt: ...c, Inc. pursuant to a Solar Loan Agreement. Plaintiff electronically signed the Solar Loan Agreement which contained an arbitration clause. Per the arbitration terms, Plaintiff is required to arbitrate all “Claims” defined as any claim, dispute or controversy which arises out of or relates to the Loan Agreement. The Arbitration Agreement also provides that it is binding on successors in interest. The Arbitration Agreement expressly provides i...
2022.08.29 Motion to Compel Discovery Responses 057
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.08.29
Excerpt: ...y. This is not an appropriate objection to specific evidence. It is simply argument. Thus, the objection is overruled. Request for Judicial Notice: Pursuant to Evid. Code § 452(d) the Court will grant Defendants' request for judicial notice of the Court's records in this matter. Merits: CCP § 2030.290 provides that a party propounding interrogatories may move for an order compelling responses if a party to whom interrogatories are directed fail...
2022.08.29 Motion for Summary Judgment, Adjudication 371
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.08.29
Excerpt: ...perty, and 2) certified copy of record of survey for Plaintiffs' property. Defendants request judicial notice of the First Amended Complaint and the Answer to the First Amended Complaint. The Court grants the requests for judicial notice pursuant to Evid. Code §§ 452(c), (d) and 453, and notes that although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation a...
2022.08.22 Motion to Continue Trial 882
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2022.08.22
Excerpt: .... “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” CRC 3.1332(c). “The unavailability of trial counsel because of death, illness, or other excusable circumstances” is listed as a circumstance that may constitute good cause. CRC 3.1332(c)(3). In this matter, counsel ...
2022.08.15 Motion to be Relieved as Counsel 578
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2022.08.15
Excerpt: ...‐051) and Supporting Declaration (MC‐052). Both forms and the proposed Order (MC‐053) must be served on the client and all parties who have appeared in the case at either the current address or the last known address that has been confirmed within thirty days. CRC 3.1362(d). CRC 3.1362(c) requires the supporting declaration to provide an explanation as to why the motion is necessary in place of filing a consent to substitution under CCP § ...
2022.08.15 Motion for Summary Judgment 047
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.08.15
Excerpt: ... 12 CFR 202.12 pursuant to Evidence Code §452 is granted. 3 Plaintiff's motion is supported by a separate statement setting forth plainly and concisely all material facts that Plaintiff contends are undisputed, with references to attached supporting evidence as required by CCP § 437c(b). A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving part...
2022.08.08 Motion to Compel Deposition and Production of Docs, for Sanctions 764
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2022.08.08
Excerpt: ...el deposition of Defendant General Motors, LLC (“GM”) person most qualified (“PMQ”) with production of documents pursuant to CCP §§ 2025.230 and 2025.450. Plaintiff also moves for an order imposing monetary sanctions against GM pursuant to CCP § 2025.48(j). On January 12, 2022, Plaintiff served his Notice of Deposition for GM's PMQ. On February 3, 2022, GM served Objections to the Notice. On February 4, 2022 Plaintiff attempted to meet...
2022.08.08 Demurrers, Motion to Strike 624
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2022.08.08
Excerpt: ...oppose the Motion. Meet and Confer. CCP § 435.5 requires that the moving party meet and confer with opposing counsel prior to filing a motion to strike. The declaration of David M. Benton provides sufficient evidence of meet and confer efforts. Merits. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in an...
2022.08.01 Petition for Writ of Mandate 491
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.08.01
Excerpt: ...ified” employees. Certificated employees are required by their positions to hold certifications issued by the Commission on Teacher Credentialing. Generally, certificated employees acquire certain tenure rights that classified employees do not acquire. Petitioner contends she acquired permanent status with the SCOE as a certificated employee in 2015, yet the Respondent terminated her position without affording her the rights and benefits of her...
2022.08.01 Motion to Reset Hearing 323
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2022.08.01
Excerpt: ...led time of 9:00 a.m. Petitioner and its Counsel were present. Respondents and their counsel did not appear. The Court noted that there was no written opposition to the Petition and took the matter under submission on the extensive pleadings and evidence previously filed by Petitioner. The hearing concluded at 9:07 a.m. The Judge hearing the matter left the bench and the Petitioner and Petitioner's counsel left the courtroom. Sometime thereafter,...

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