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282 Results

Location: Shasta x
2020.09.21 Motion to Strike 362
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2020.09.21
Excerpt: ......
2020.09.21 Motion to Set Aside Default 131
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2020.09.21
Excerpt: ......
2020.09.21 Motion to Continue Trial Date 558
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.09.21
Excerpt: ......
2020.09.21 Motion for Summary Judgment 116
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2020.09.21
Excerpt: ...he Request is unverified and unsupported by a declaration. Therefore there is no evidence before the Court upon which to grant the request. Additionally, the Court finds that the Request, even if it had been supported by evidence, fails to provide grounds for a continuance under CCP §437c(h) and CRC 3.1332. The Court will therefore proceed and issue a ruling on the merits. Summary Judgment Standard: CCP § 437c states a motion for summary judgme...
2020.09.21 Motion for Judgment on the Pleadings 468
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.09.21
Excerpt: ......
2020.09.14 Motion to Compel Further Responses 558
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.09.14
Excerpt: ...endant Palo 2 Cedro Community Guild. (hereinafter “Defendant”) did not provide full and complete responses. Defendant has filed an Opposition to the Motion. Meet and Confer. The parties both provide support for meet and confer efforts, which culminated in a meet and confer letter sent by Plaintiff on the evening of August 5, 2020 requesting a response by August 7, 2020. Within that very narrow window, Defendant provided a response and left op...
2020.09.14 Motion to Compel Further Responses 157
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2020.09.14
Excerpt: ...1, 12.4, 12.6, and 12.7. He also seeks further responses to the Request for Production, Nos. 1, 6, 11, 16, 17, 20, 22 and 26. Plaintiff Spurgeon, through counsel, has agreed to produce further responses to interrogatory Nos. 2.5, 2.6, 6.2, 6.3, 6.7, 8.1, 11.2, and 12.6. Spurgeon has also agreed to provide a supplemental response to Request for Production No. 26. The evidence before the Court is that the agreed upon further responses have not been...
2020.09.08 Motion for Preliminary Approval of Class Action Settlement 712
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.09.08
Excerpt: ... 21, 2015 and August 14, 2020, and/or the Rest Break Subclass between July 27, 2019 and August 14, 2020. They assert causes of action for failure to provide rest and meal periods, failure to reimburse expenses, failure to properly accrue and carry‐over sick leave and for penalties pursuant to various Labor Code 2 violations related to the alleged violations. The proposed settlement provides for a maximum Gross Settlement Amount (GSA) of up to $...
2020.08.31 Motion to Reopen Discovery 808
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.08.31
Excerpt: ...f Shasta at the Department of Child Support Services. The Court does not believe Judge Wood's spouse or step‐daughter has any involvement in the investigation, management, prosecution or defense of this case but does disclose the employment relationship between County of Shasta and the Court's first degree relative as required by California Code of Judicial Ethics, Canon 3E(2). Tentative Ruling on Plaintiff's Motion to Reopen Discovery: Plainti...
2020.08.31 Motion to Consolidate Case, Continue Trial Dates 863
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2020.08.31
Excerpt: ...t: The notice of motion for a motion to consolidate must be filed in all cases sought to be consolidated (CRC 3.350(a)(1)(B)) but the memorandum and evidence only need to be filed in the lowest case number. The notice of motion was not filed in the subrogation litigation (Case No. 193051). No objection has been raised to this defect. Despite the defect, it appears that all parties in both actions were served with the notice and motion. Without an...
2020.08.31 Demurrer, Motion to Strike 600
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.08.31
Excerpt: ...arty may object by demurrer on the ground that “[t]he pleading does not state facts sufficient to constitute a cause of action.” CCP § 430.10(e). A meet and confer declaration has been provided, as required by CCP § 430.10. The Fifth Cause of Action alleges slander of title specifically caused by the 2015 Easement Deed. The elements of the tort of slander of title are (1) a publication, (2) without privilege or justification, (3) falsity, a...
2020.08.31 Demurrer 142
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.08.31
Excerpt: ... that would resolve the objections to be raised in the demurrer.” The Declaration of Ashley Arnett, submitted in support of the Demurrer, shows sufficient efforts between the parties to meet and confer. Merits. The purpose of a demurrer is to test the legal sufficiency of a pleading. Code Civ. Proc. §§ 422.10, 589. A party may object by demurrer on the ground that “[t]he pleading does not state facts sufficient to constitute a cause of acti...
2020.08.24 Motion for Trifurcation 346
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.08.24
Excerpt: ...erance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, . . . or of any separate issue . . . , preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.” The Court has discretion to sever a statute of limitations defense raised in the answer, and try that defense first. Aerojet...
2020.08.17 Motion for Requests for Admissions Deemed Admitted, to Compel Discovery 732
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.08.17
Excerpt: ...ness of documents specified in the requests admitted. CCP § 2033.280(b). Failure to respond also waives any objections to the discovery propounded. CCP § 2033.280(a). Defendant's moving papers sufficiently demonstrate that the plaintiff has failed to respond to Defendant's Request for Admissions within the required time frame. The Motion is GRANTED. CCP § 2033.280(c) requires that sanctions be imposed where a party fails to timely respond to a...
2020.08.10 Special Motion to Strike 562
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.08.10
Excerpt: ... to the Judicial Council, by e‐mail or facsimile, a copy of the endorsed, filed caption page of the motion or opposition, a copy of any related notice of appeal or petition for a writ, and a conformed copy of any order issued pursuant to this section, including any order granting or denying a special motion to strike, discovery, or fees. While the parties may have done so, there is no evidence in the file that either party complied with this re...
2020.08.03 Motion for Summary Judgment, Adjudication 696
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2020.08.03
Excerpt: ...ctions Defendants have asserted as to the Declaration of David Jackson. Some of the factual assertions are clearly contradicted by undisputed evidence offered in support of the motion and some of the opinions do indeed appear to be speculation and conjecture. However, adequate foundation is established to qualify this witness to opine concerning the standard of care associated with school administration, including the implementation and use of al...
2020.07.27 Motion to Compel Responses 095
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.07.27
Excerpt: ...) permits a party propounding discovery demands to “move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete.” A motion brought under this section must include a declaration describing efforts to meet and confer in good faith. CCP § 2031.310(b)(2). CCP § 2031.310(h) provides that the court “shall impose a monetary s...
2020.07.27 Motion for Summary Judgment, to Reopen Discovery to Oppose Motion for Summary Judgment 078
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.07.27
Excerpt: ...t or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response...
2020.07.27 Motion for Summary Judgment 094
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.07.27
Excerpt: ...o be done by a party.” Generally speaking, in the context of continuances, good cause includes a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts. CRC Rule 3.1332(c)(6). Plaintiffs in this case have moved to continue on the basis of ongoing health problems, exacerbated by the COVID‐19 pandemic. Both plaintiffs have surgeries that have been rescheduled for July and August, ...
2020.07.27 Demurrer 831
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2020.07.27
Excerpt: ...0.41(a)(3). Defendant did not submit a meet and confer declaration in support of the present demurrer. Defense counsel is admonished for failing to comply with the meet and confer requirement. Typically the Court would continue a demurrer if the meet and confer requirement has not been satisfied; however, based on the papers, continuing the matter to meet and confer does not appear likely to result in a resolution and therefore the Court will iss...
2020.07.20 Motions to Compel Depositions, Production of Docs, to Continue, to Quash 510
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2020.07.20
Excerpt: ...efore the depositions (previously noticed for May 25, 2020 in Sacramento, California) are outside the geographical limitations established by CCP § 2025.250(a). Pursuant to CCP § 2025.260, the Court may, in the interest of justice, order that a party's deposition be taken at a more distant location than that permitted under CCP § 2025.250(a). As to the specifics of this case, the Court also finds that there was no stipulation for either Defend...
2020.07.20 Motion to Stay Pending Resolution of Class Action 251
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2020.07.20
Excerpt: ...American Directions Research Group, Inc. et. al. (hereinafter Hender) now pending before the U.S. District Court for the Eastern District of California. Plaintiff cites as authority California Code of Civil Procedure section 410.30 and Caifa Prof. Law Corp. v. State Farm fire & Cas. Co., 15 Cal. App. 4th 800, at 804. Both the present matter and the Hender action are proceeding on the same theories of liability for the same parties. The fact that ...
2020.07.20 Motion to Compel Further Responses 093
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2020.07.20
Excerpt: ...aintiff's emotional distress claims. It propounded discovery seeking information from January 2015 to the present. Plaintiff provides substantive responses but limited the timeframe. Defendant also seeks to compel Plaintiff to sign authorizations for the release of her medical records related to emotional distress for the same time period and for records with the EDD related to her prior disability claim for the period of November 2016 through th...
2020.07.20 Demurrer, Motion to Strike 905
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2020.07.20
Excerpt: ...inst a health care provider based upon such person's alleged professional negligence.” The one‐year period runs from the date “the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury.” Ibid. The one year statute applies to other causes of action that arise out of the same facts as professional negligence. Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th 336, 347. In deciding wheth...
2020.07.20 Demurrer 331
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2020.07.20
Excerpt: ...itute a valid cause of action.” CCP § 430.10(e). A demurrer can also be brought on the grounds that the pleading is “uncertain.” CCP § 430.10(f). 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, deduc...

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