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- Baker, Stephen H (352)
- Wood, Tamara L (378)
730 Results
2024.03.25 Motion to Seal 865
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.25
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.25
Excerpt: ...rial or as a basis of adjudication and a presumption of openness of substantive court proceedings in ordinary cases, our Supreme Court in NBC Subsidiary (KNBC –TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, (NBC Subsidiary ) set forth the findings that both the t rial and appellate courts must expressly make to seal a record. (Id. at pp. 1200, 1208 –1209, fn. 25.) Courts must find that (1) there is an overriding interest supporting sea...
2024.03.25 Motion for Attorney Fees 549
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.25
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.25
Excerpt: ...al Notice: The requests for judicial notice are unopposed. The Court grants the requests for judicial notice. Objections to Evidence: Defendant's Objections Nos. 1 -3, 6 and 7 are SUSTAINED. Defendant's Objections Nos. 4, 5 and 8 - 15 are OVERRULED. Defendant 's Objection to Mr. Obagi's 3 declaration filed in support of the reply is SUSTAINED. Entitlement to Attorney's Fees: Plaintiff's operative Second Amended Complaint alleged a single cause o...
2024.03.25 Demurrer 958
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.25
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.25
Excerpt: ...res 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 demur rer.” The Declaration of Reuben B. Jacobson provides sufficient evidence of meet and confer efforts. Merits. A demurrer should be sustained if the complaint fails to “state facts s...
2024.03.25 Demurrer 288
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.25
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.25
Excerpt: ... filed Decemb er 7, 2023. This request is granted pursuant to Evid. Code §§ 452(d) and 453. Meet and Confer. 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 t he purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Katharine McCallum provide...
2024.03.25 Demurrer 127
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.25
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.25
Excerpt: ...e objections to be raised in the demurrer.” Defendant provided no evidence of this and did not file a declaration addressing meet and confer efforts as required by CCP § 430.41(a)(3). However, Plaintiff did not raise an issue regarding meet and confer efforts and De fendant alleged in the Notice of Motion that counsel wrote a meet and confer letter to Plaintiff's counsel. “A determination by the court that the meet and confer process was in...
2024.03.25 Motion to Compel Arbitration 610
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.25
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.25
Excerpt: ...iff filed a First Amended Representative Complaint for a Violation of Labor Code § 2698, et seq. on February 13, 2024. There is no longer a class action allegation. In the original moving papers, Defendant moved for a stay or dismissal of the action. In Defendant' s Supplemental Briefing on Petition to Compel Arbitration filed on March 14, 2024, Defendant only requested a stay pending arbitration. Plaintiff does not oppose arbitration but doe...
2024.03.11 Motion to Quash Service of Summons for Lack of Personal Jurisdiction 212
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.11
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.11
Excerpt: ...Reques t for Judicial Notice. The Court further notes that the Declaration of Andrew S. Pletcher provides evidence establishing how each of the documents in Requests 2 -8 (Ex. A -G) were obtained. Plaintiffs' Requests for Judicial Notice are granted pursuant to Ev id. Code §§ 452(h) and 453. Post jurisdictional discovery, Plaintiffs also requested the Court take judicial notice of three maps from Google Maps pursuant to Evid. Code §§ 452 and ...
2024.03.11 Motion to Change Venue 737
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.11
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.11
Excerpt: ... Commission now moves to change venue pursuant to Code of Civil Procedure section 394. Plaintiffs oppose the motion. The parties agree that Shasta County is an appropriate initial venue for filing. They disagree as to whether section 394, a removal statute, app lies in this case. Code of Civil Procedure section 394 provides, in pertinent part: [A]ny action or proceeding brought by a county, city and county, city, or local agency within a certain...
2024.03.11 Motion for Discovery of Peace Officer Personnel, Other Docs 716
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.11
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.11
Excerpt: ...nly known a s a Pitchess motion. See Pitchess v. Superior Court (1974) 11 Cal.3d 531. Pitchess motions have been codified in Evid. Code § 1043 which requires a written motion in both civil and criminal actions. Evid. Code § 1043(a). The motion shall include: “1) identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the peace or custodial officer whose records are sought, the ...
2024.03.11 Demurrer 196
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.11
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.11
Excerpt: ...erica (Saf eco) is Plaintiff's alleged insurer. Safeco demurs to the Second Cause of Action of Plaintiff's First Amended Complaint (FAC), on the grounds that it fails to state facts sufficient to constitute a cause of action against Safeco pursuant to CCP 430.10(e). Meet and Confer: 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 ...
2024.03.11 Demurrer 164
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.11
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.11
Excerpt: ... state facts sufficient to constitute a cause of action pursuant to CCP § 430.10(e). Meet and Confer: 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 Peter Witherington indicates complia...
2024.03.04 Motion for Issue or Evidentiary Sanctions 623
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.04
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.04
Excerpt: ... discovery law provides for a broad range of sanctions for conduct that amounts to abuses of the discovery process including evidentiary and issue sanctions. Cedars -Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12. The spoilation of evidence can be a n abuse of discovery. Id. Spoilation of evidence is defined as “the destruction or alteration of relevant information or the failure to preserve evidence for another party's use in ...
2024.03.04 Demurer 932
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.04
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.03.04
Excerpt: ...that i t is uncertain and fails to state sufficient facts for a cause of action. Plaintiffs oppose the demurrer. Meet and Confer: 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 Ian Schar...
2024.03.04 Motion for Attorney Fees 788
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.04
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.04
Excerpt: ...ovides t hat “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other ...
2024.03.04 Motion to Compel Compliance with Deposition Subpoena 409
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.04
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.04
Excerpt: ...d with the Second Amended Notice of Taking Deposition of Witness Jonathan Martin and Request for Production of Documents on September 15, 2023. The Second Amended Notice noticed a Deposition of Jonathan Martin on October 18, 2023. Defendant also provided a Depo sition Subpoena compelling Jonathan Martin to appear on October 18, 2023, with an attached Proof of Service indicating that Jonathan Martin was personally served with the Deposition Subpoe...
2024.03.04 Motion for Summary Judgment 405
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.04
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.04
Excerpt: ...73. Plaint iffs allege Kacalek suddenly and unexpectedly lost consciousness while en route to an emergency call, causing the Subject Vehicle to go off the road and overturn. Plaintiffs Ryan and Charity Kacalek allege Strict Product Liability and Negligence [Product Liability] against Defendants Faurecia USA Holdings, Inc. and Faurecia Emissions Control Technologies USA, LLC (“Defendants,” for purposes of this Motion). Plaintiffs allege design...
2024.03.04 Motion for Summary Judgment, Adjudication 492
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.04
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.04
Excerpt: ...the Third Amended Complaint. The Cross- Complaint filed on January 12, 2022 contains nine separate causes of action. The Answer filed on March 25, 2022 alleges twenty affirmative defenses to the Cross -Complaint. Plaintiff does not state in the Notice of Motion whether Plaintiff is proceeding with a motion for summary judgment on the Complaint, the CrossComplaint, or both. Instead, the Notice states that Plaintiff prays “That the Court issue ...
2024.03.04 Motion to Compel Deposition 451
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.04
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.03.04
Excerpt: ...or, managi ng agent, employee, or agent most qualified in the following categories: 1. Research and Development of any and all stanchions built on Defendant Sierra Pacific Industries' Property. 2. Safety measures/concerns/or considerations taken into account in the d esign of all stanchions built on Defendant Sierra Pacific Industries' Property. 3. Any and all differences between the subject stanchion involved in Plaintiff's injury and the new...
2024.02.26 Motion to Strike 672
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.02.26
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.02.26
Excerpt: ... or impro per matter inserted in any pleading;” or 2) “strike out all or any part of any pleading not drawn in conformity with the laws of this state.” CCP § 436(a) & (b). A motion to strike is the proper method to challenge an improper request for punitive damage s. Caliber Bodyworks, Inc. v Superior Court (2005) 134 Cal.App.4th 365, 385. In order to seek punitive damages, a plaintiff must plead that the defendant was guilty of oppression...
2024.02.26 Motion to Sever 196
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.02.26
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.02.26
Excerpt: ...f America (Safeco) is Plaintiff's insurer. Safeco moves for an order severing Plaintiff's claims against Safeco from Plaintiff's claims against Defendants Simao, Rayfifield, and Reservoir Lane, LLC, pursuant to CCP § 598 and § 1048(b), Evid. Code § 1155, and the Court's inherent powers. These code sections do not directly support a motion to sever related to claims at the outset of litigation. “Although judges and lawyers commonly use the ...
2024.02.26 Motion to Continue Trial 682
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.02.26
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.02.26
Excerpt: ...otion for Summa ry Judgment and other related matters.” As this motion is included in the limited scope representation, Melvin S. Hodges may appear on behalf of Plaintiff for the limited purpose of this motion. Merits. “To ensure the prompt disposition of civil cas es, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” CRC 3.1332(a). “Although continuances of trials are ...
2024.02.26 Motion for Final Approval of Class Action Settlement 240
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.02.26
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.02.26
Excerpt: ... 5, 2024 for a Final Approval Hearing. No oral objections were made on February 5, 2024. The Final Approval Hearing was continued to today's date because a declaration was not filed and additional information was necessary. This information has been provided. F inal Approval of the Settlement. The parties agreed to settle the case for $675,000.00. The breakdown of the settlement is as follows: Total Settlement Amount 675,000.00 Proposed Attorney...
2024.02.26 Motion for Final Approval of Class Action and PAGA Settlement 480
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.02.26
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.02.26
Excerpt: ...tatemen t of Non-Opposition to the Motion. Merits: The law favors the settlement of lawsuits, particularly in complex litigation, where they save time and resources. Neary v. Regents of the University of California (1992) 3 Cal. 4th 273, 277 -281 (superseded by statute on other grounds). However, courts cannot automatically and instantly approve a proposed settlement or dismiss a class action suit, even if the representative plaintiff and defenda...
2024.02.13 Demurrer, Motion to Strike 932
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.02.13
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.02.13
Excerpt: ...is uncertain and fails to state su¯icient facts for a cause of action. Plainti¯s oppose the demurrer. Defendant Chapman has Þled a Notice of Hearing directed to all parties and their attorneys of record, however there is no proof of service on Þle. Additionally, no Declaration has been Þled 2 regarding compliance with meet and confer requirements of CCP § 430.41. Proof of service must be Þled no later than Þve court days before the time...
2024.02.05 Motion to Vacate Dismissal and Enter Judgment 338
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.02.05
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.02.05
Excerpt: ...Agreement Þled with the Court on September 16, 2022. This request is granted pursuant to Evid. Code §§ 452(d) and 453. Merits. CCP § 664.6 provides the Court with authority, upon motion, to enter judgment pursuant to the terms of a settlement agreement entered into in writing, or orally before the Court. If requested by the parties, the Court also retains jurisdiction over the parties to enforce the settlement until performance in full of the...