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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 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...
2024.03.04 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 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...
2024.02.26 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...
2024.02.05 Motion to Strike 847
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.02.05
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.02.05
Excerpt: ...ling a motion to strike. No evidence of meet and confer e¯orts has been provided. However, a determination by the Court that meet and confer e¯orts were insu¯icient is not a ground upon which a motion to strike can be granted or denied, therefore, the Court will issue a ruling on the merits. 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...
2024.02.05 Motion for Attorney Fees 189
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.02.05
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.02.05
Excerpt: ...vil Procedure Section 1021.5. Respondent opposes the motion. Background: On April 10, 2023, this Court issued a Ruling on Writ of Mandate ordering County to release the records sought. In that Ruling, the Court found the Petitioner was the prevailing 3 party entitled to reasonable attorneys fees and costs according to proof. On April 28, 2023, County Þled a M oti on to Vacate th e R ul i n g or i n th e A ltern ati ve fo r a N ew Tri al , a n d ...
2024.02.05 Motion for Attorney Fees 027
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.02.05
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.02.05
Excerpt: ...he Vilchez Declaration are OVERRULED. Song-Beverly: The Song- Beverly Act contains a cost-shifting provision that speciÞcally 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...
2024.01.29 Motion for Summary Judgment 269
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.29
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.29
Excerpt: ...material fact and that the moving party is entitled to a judgment as a matter of law. CCP § 437c(c). A plainti¯ has met his 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 plainti¯ has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists ...
2024.01.29 Motion for Protective Order, to Compel Inspection 083
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.29
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.29
Excerpt: ... the Decedents. Plainti¯s have Þled competing motions to compel the inspection of the same records pursuant to CCP §§ 2017.010, 2031.010, 2031.310 and 2031.320. Both sides have requested sanctions. The crux of the present dispute is the scope of access to be provided to the Plainti¯s. The parties appear to agree that the Decedent's medical records are discoverable and can be obtained through an inspection. Plainti¯s request access to Def...
2024.01.29 Demurrers 570
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.29
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.29
Excerpt: ...Knollcrest (“Ingersoll Defendants”) have Þled a separate demurrer, on the same grounds. Plainti¯ Devinne Goodale 2 opposes the motions. Plainti¯ presented to Defendants' oral surgery center, Riverside Oral Surgery (“Riverside”), on June 29, 2022 for a tooth extraction. Plainti¯ alleges that she chose Riverside based upon representations on its website, speciÞcally a link to Yelp reviews of the practice, and the compassion and prof...
2024.01.22 Motion to Dismiss for Delay in Prosecution or for Terminating Sanctions 937
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.22
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.22
Excerpt: ...at is contained within the motion reflects service by electronic service and mail service on Plaintiff on December 19, 2023. "A party seeking dismissal of a case under Code of Civil Procedure sections 583.410- 583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion." CRC 3.1342(a). The notce provided to Plaintiff does not comply with CRC 3.1342(a). Defendant alternatively moves for terminating...
2024.01.22 Motion for Injunction to Remove Mechanic's Lien, to Strike 037
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.22
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.22
Excerpt: ...on of Stewart Altemus in which counsel provides evidence of custom and practice for construction projects. This objection is sustained on the grounds that counsel is not an expert. Plaintiff also objects to what are framed as misstatements of the evidence and statements not supported by evidence. These objections are overruled. 80th parties object to spreadsheets provided. These objections are overruled. Defendant objects to Plaintiff's counsel p...
2024.01.16 Demurrer, Motion to Sever 196
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.16
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.16
Excerpt: ... ex rel. Strathmann v. Acacia Rsch. Corp. (2012) 210 Cal. App. 4th 487, 505—06 (internal citations omitted). The moton is dropped from calendar as moot. Tentative Ruling on Motion to Sever: This suit arises out of fire damage to real property owned by Plaintiff Alexander Family Trust. Plaintiff alleges the fire was caused by sunlight refraction from a glass bulb negligently left outside at an adjoining property owned by Defendant 2584 Reservoir...
2024.01.16 Motion for Attorney, to Strike or Tax Costs 549
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.16
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.16
Excerpt: ...al 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 declaration filed in support of the reply is SUSTAINED. Entitlement to Attorney's Fees: Plaintiff's operative Second Amended Complaint alleged a single cause of action under Labor Code S 1102.5 for retaliation. Plaintiff prevailed on that cause of action at trial ...
2024.01.16 Motion for Judgment 731
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.16
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.16
Excerpt: ...nter judgment pursuant to the terms of a settlement agreement entered into in writing, or orally before the Court. At a mandatory settlement conference on July 19, 2023, Plaintiffs and Defendants Dustin Mitchell and Sierra Severson (hereinafter "Defendants") entered into an oral settlement on the record before the Court. Defendants agreed to pay Plaintiffs the sum of $20,000. The parties agreed the settlement would be made pursuant to CCP S 564.4...
2024.01.16 Motion for Default Judgment 432
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.16
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.16
Excerpt: ...s of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code S 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety Code SS 11488.4 and 11488.5. For a judicial forfeiture the District Attorney's Office (or other agency) is required to file a Petiton for Forfeiture. Health and Safety Code S 11488.4(a). The Petition for Forfeiture must be served on the individ...
2024.01.16 Motion to Determine Prevailing Party, for Attorney Fees 320
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.16
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.16
Excerpt: ...hat on any action on a contract where the contract prov-des for attorney's fees, the prevailing party on the contract shall be entitled to attorney's fees in addition to other costs. A prevailing party is defined as the party with a net recovery, a defendant in whose favor a dismissal is entered, a defendant when neither side obtained any relief and a defendant as against a plaintiff who do not reccwery any relief against defendant. CCP S 1032. I...
2024.01.16 Motion to Strike Answer 221
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.16
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.16
Excerpt: ...on of Eric J. Jun provides sufficient evidence of meet and confer efforts. Merits. The court may, upon a moton 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 any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP S 436 A...
2024.01.08 Motion to Fix Attorney Fees as an Element of Costs 176
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.08
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.08
Excerpt: ...g contract. "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided." CCP S 1021. Allowable costs include "Attorney's fees, when authorized by any of the following: (A) Contract. (B) Statute. (C) Law." CCP S 1033...
2024.01.08 Motion to Continue Trial 415
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.08
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.08
Excerpt: ...r a trial are firm. All parties and their counsel must regard the date set for trial as certain. (c) Grounds for contnuance Although continuances of trials are disfavored, each request for a continuance must be considered on fts own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include: (1) The unavailability of an essential lay or exper...
2024.01.08 Motion for Terminating, Issue, or Evidence Sanctions, for Monetary Sanctions 334
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.08
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.08
Excerpt: ...d Plaintiffs' Motion to Compel Depositions of four GM employees. The minutes state: "Defendant GM is ordered to produce the employees for deposition no later than 15 days after the entry of the Court's Order on this Motion. Plaintiffs shall prepare a new order consistent with today's ruling." The minutes also indicate the Court stated on the record that Plaintiffs shall prepare and submit the Order consistent with the Court's ruling regarding the...
2024.01.08 Motion for Summary Judgment 960
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.08
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.08
Excerpt: ... Proof of Service for the Amended Petition, the Judgement by Default filed on December 10, 2021, and the Inventory filed on January 18, 2022, all of which are from Shasta County Case No. 21CV0433. Defendants also request the Court take judicial notice of the Order Compelling Responses to Form Interrogatories, Special Interrogatories, Request for Admissions, and Request for Production filed on January 18, 2023, in this matter (Shasta County Case N...
2024.01.08 Motion for Preliminary Approval of Class Action Settlement 662
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.08
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2024.01.08
Excerpt: ...ce Statement on December 21, 2023 that notes that the parties are in agreement with the Motion for Preliminary Approval being heard today. Therefore, the Court will proceed on the merits. The settlement in this matter is a nan-reversionary settlement that consists of both a $200,000 payment by Defendant and changes to certain policies and practices that Defendant has agreed to keep in place for five years following judgment in this matter. The pr...
2024.01.02 Motion for Issue and Evidence Sanctions 334
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.02
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2024.01.02
Excerpt: ...The PMQ was deposed on November 29, 2023 pursuant to the parties agreement. Plaintiff alleges that the PMQ testified as to categories 1-2, and 9-13 only, and refused to testify as to the remaining categories. GM argues that the PMQ provided full and complete testimony on all categories. Plaintiff's Reply 2 includes excerpts from the deposition, which establish the PMQ was offered for testimony on categories 1-2 and 9-13 only (Oaks Deposition 8:15...
2023.12.18 Motion for Terminating Sanctions, Further Monetary Sanctions, to Strike 716
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.12.18
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.12.18
Excerpt: ...ocess by failing to respond to the discovery requests that are subject to the Court's Order dated August 7, 2023. The discovery requests at issue in the previous Motion to Compel are Plaintiffs' Request for Production, Set One, Request for Admissions, Set One, Form Interrogatories, Set One, and Special Interrogatories, Set One. The Court ordered that Defendant provide responses within fifteen days of the Notice of Entry of Order. Notice of Entry ...
2023.12.18 Demurrer, Motion to Strike 334
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.12.18
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.12.18
Excerpt: ...ith 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. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading." Here, the demurring party admittedly has not m...
2023.12.18 Demurrer 083
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.12.18
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.12.18
Excerpt: ...rer: A general demurrer should be sustained if the complaint fails to "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether the party does not have legal capacity to sue or there is a misjoinder of parties. CCP S 430.10(b) & (d). 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) ...
2023.12.18 Motion to Disqualify Opposing Counsel 885
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.12.18
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.12.18
Excerpt: ...2022, Counsel stipulated to substituting Claudia Hostetter as Administrator of the Estate of Harold Engel as Plaintiff. Defendants now move to disqualify Attorney Thomas Andrews from representing Claudia Hostetter, Mary Collum, and Jennifer Rech. Only Claudia Hostetter, in her capacity as Special Administrator, is a party to this action. Plaintiff opposes the Motion, arguing the Motion is unsupported by admissible evidence. Merits: "A trial court...
2023.12.18 Motions to Compel Discovery 411
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.12.18
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.12.18
Excerpt: ...ovide verifications to the unverified responses served on October 20, 2023, for further responses to the respective discovery and for sanctions. Verifications: California law requires all discovery responses to be executed under oath. See CCP SS 2030.250(a), 2031.250(a) and 2033.240(a). An unverified response is tantamount to no response at all. Melendrez v. Superior Court (2013) 215 Cal.App.4th 1343, 1348. It is undisputed that Defendant's Octob...
2023.12.18 OSC Re Dismissal 480
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.12.18
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.12.18
Excerpt: ...service on those defendants must be filed with the court within 50 days after the filing of the complaint." CRC 3.110(b). A Proof of Service of Summons is on file for Defendant David Caleb Willis indicating service of the Complaint on November 29, 2021. A Proof of Service of Summons is on file for Defendant Andrea Johnson indicating service of the Complaint on November 29, 2021. Responsive pleadings should have been on file within 30 days of serv...
2023.12.11 Motion to Vacate Dismissal and Enter Judgment 979
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.12.11
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.12.11
Excerpt: ...ling, this was corrected to Department 8. Because Defendant was served prior to filing, the clerk stamped the Notice with the following: "NOTICE Time and/or dept. have been changed. Moving party shall give notce of change to all parties." Nothing has been filed indicating that Defendant was provided notice of the correct department. Request for Judicial Notice. Plaintiff requests the Court take judicial notce of the Stipulation Agreement filed wi...
2023.12.11 Motion to Quash Service of Summons 221
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.12.11
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.12.11
Excerpt: ... are seven specific objections that the Court lists sequentially starting with the first. 1. Overruled as to each objection with the exception of the sentence starting with "As evidence of his assertion" for which the Evid. Code S 1152 objection is sustained. That sentence is stricken. 2. Overruled as to each objection. 3. Overruled as to each objection. 4. Overruled. 5. Overruled as to each objection. 6. Overruled as to each objection. 7. Overru...
2023.12.11 Demurrer 122
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.12.11
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.12.11
Excerpt: ...facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether 4 the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 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 materi...
2023.12.04 Motion for Summary Judgment 842
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.12.04
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.12.04
Excerpt: ...er 15, 2023, that has been opposed by Defendant. Procedural Issues. Motions for Summary Judgment have certain procedural requirements that differ from other motions. CCP S 437c(b)(1) reads: The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositons, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concis...
2023.12.04 Demurrer 288
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.12.04
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.12.04
Excerpt: ...S 1005(b). The Court interprets this pleading as Plaintiff agreeing that the Demurrer should be sustained but seeking leave to amend. Meet and confer. CCP S 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 Declarati...
2023.11.21 Motion to Continue Trial 169
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.11.21
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.11.21
Excerpt: ...ion: Trial dates are firm. CRC 3.1332(a). A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is d...
2023.11.20 Motion for Attorney Fees 027
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.11.20
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.11.20
Excerpt: ...Vilchez Declaration are OVERRULED. Song-Beverly: The Song-Beverly Act contains a cost-shifting provision that specifically allows prevailing buyers to recover their costs, including attorney's fees. Civ. C. S 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 ...
2023.11.20 Motion for Leave to File Amended Complaint 604
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.11.20
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.11.20
Excerpt: ...ed liberally to permit amendment. Nestle v. Santa Monica (1972) 5 Cal. 3d 920, 939. "If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion." Morgan v. Sup.Ct. (1959) ...
2023.11.20 Motion to Compel Further Responses 906
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.11.20
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.11.20
Excerpt: ...aintiff argues the responses were untimely. Plaintiff had granted Defendant a 30-day extension to respond. Plaintiff argues that the 30-day extension ran from the day Plaintiff granted the extension (August 2, 2023) rather than from the original due date (August 9, 2023). The parties' email correspondence does not specify what they intended. A logical reading of "30-day extension" means 30 days past the original due date, not 30 days past the dat...
2023.11.13 Motion to Quash Service of Summons 212
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.11.13
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.11.13
Excerpt: ...Notice. The Court notes that no objections were made to Plaintiffs' Request 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-GI were obtained. Plaintiffs' Requests for Judicial Notice are granted pursuant to Evid. Code SS 452(h) and 453. Merits. A defendant can challenge jurisdiction in California courts by filing a motion to qua...
2023.11.13 Application for Writ of Possession 552
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.11.13
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.11.13
Excerpt: ...ny affidavit in support thereof. Where the defendant has not yet appeared in this action, all of those documents must be served in the same manner as a complaint and summons. CCP S 512.030(b). Defendant was subserved after multiple attempts to personally serve. CCP S 415.20(b). Service is therefore proper. Merits: CCP 5512.060 provides that in order to obtain a claim and delivery writ of possession plaintiff must: 1) demonstrate the probable vali...
2023.11.06 Motion to Compel Discovery Responses 401
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.11.06
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.11.06
Excerpt: ...of Documents, Set One. After Mosely granted Abdulghani several extensions to respond, Abdulghani served unverified objections on August 25, 2023. Mosely filed the instant Motion on October 9, 2023. On October 19, 2023, Abdulghani served substantive responses, which Mosely has indicated are adequate. (Reply at 2.) Mosely maintains the request for sanctions, because of the time and expense required to bring this motion. Merits of Motion: When a par...
2023.11.06 Demurrer 829
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.11.06
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.11.06
Excerpt: ...ate facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 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[sl the demurrer as admitting all mate...
2023.10.30 Motion to Compel Responses 169
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.30
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.30
Excerpt: ...for an order compelling responses. CCP SS 2030.290(b). On March 22, 2023, Plaintiff propounded Form Interrogatories, Set One on Defendant Bonna Johnson. To date, Defendant has not provided any responses. Plaintiff has established proper service of the discovery, that the time to respond has lapsed and that no responses have been received. The Court will issue an order compelling Defendant to provide responses. As for sanctions, they are mandatory...
2023.10.30 Motion for Leave to File SAC 334
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.30
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.30
Excerpt: ...v. Santa Monica (1972) 6 Cal. 3d 920, 939. Leave to amend should be liberally granted so long as there is no statute of limitations issue or prejudice to the opposing party. Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240. Plaintiffs allege it was recently discovered that the breach of contract code section cited in the First Amended Complaint was erroneous. California Civil Code Section 1719(a)(2) was cited, but the correct citation is...
2023.10.23 Demurrer 775
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.23
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.23
Excerpt: ...mplied-in-fact contract causes of action on the grounds that they are barred by the statute of frauds defense. Request for Judicial Notice: 80th parties have requested judicial notice ofvarious documents. No objections have been raised. The requests are GRANTED. Standard on Demurrer: A general demurrer should sustained if the complaint fails to "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer can be used...
2023.10.23 Demurrer 606
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.23
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.23
Excerpt: ... was stricken as being filed without leave of Court on May 18, 2023. As a preliminary matter, despite being properly noticed, Plaintiffs did not file an Opposition to the Demurrer. Meet and Confer. CCP S 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 objectio...
2023.10.23 Demurrer 570
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.23
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.23
Excerpt: ...udicial Notice: Pursuant to Evid. Code S 452 the Court GRANTS Defendant's request for judicial notice of the Complaint. Meet and Confer: CCP S 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 Fi...
2023.10.16 Motion for Determination of Good Faith Settlement 673
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.16
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.16
Excerpt: ...int tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co- obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Section 877.6(b) provides, "The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the no...
2023.10.16 Motion for Attorney Fees 249
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.16
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.16
Excerpt: ...s GRANTED; however, the Court notes that the rulings are not binding on this court and their persuasive value is extremely limited as the rulings pertain to hourly rates of other legal communities. Objections: Defendants' objections are OVERRULED. Authority: The Song-Beverly Act contains a cost-shifting provision that specifically allows prevailing buyers to ræover their costs, including attorney's fees. Civ. C. S 1794(d). The attorney's fee awa...
2023.10.16 Demurrer 508
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.16
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.16
Excerpt: ...ronics, and destruction of any information already obtained. Plaintiffs further seek an order prohibiting Defendants from using any information obtained in any legal proceeding. Defendants Demur to the FAC pursuant to CCP S 430.10(e). Meet and Confer: CCP S 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 ag...
2023.10.16 Motion for Preliminary Approval of Class Action Settlement 480
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.16
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.16
Excerpt: ...n- reversionary gross settlement amount is Defendants North State Grocery, Inc. do not object to the Motion. Plaintiff Mary Napoles has filed a Notice of Joinder to the instant Motion in Naples v. North State Grc„cery, Inc. No. 22CV-02[n995 (consolidated with Case No. 22CV-02CG96). Allocation of the proposed settlement is as follows: Total Settlement Amount Proposed Attorneys' Fees (33%) 1,041,667 Litigation Costs and Expenses (up to) Settlemen...
2023.10.16 Motion for Preliminary Approval of PAGA Settlement 244
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.16
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.16
Excerpt: ...object to the Court preliminarily approving the settlement. This matter is post class certification. The Court has already certified the class, appointed the named Plaintiffs as class representatives, and appointed Kesluck, Silverstein, Jacob, & Morrison, P.C. and the Law Office of Edward Antonino P.C. as class counsel. The proposed settlement is as follows: Total Settlement Amount $250,000 Proposed Attorneys' Fees (33 %) $82,500 Litigation Costs...
2023.10.16 Motion for Summary Judgment 087
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.16
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.16
Excerpt: ...vice listing the document titled Plaintiff's Evidence in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication. Accordingly, Plaintiff's Evidence in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication was not considered by the Court. Request for Judicial Notice. Pursuant to Evid. Code SS 452(a) and 453, the Court takes judicial notice of 15 USC Section 1665 and 12 CFR Section 202.12. Merit...
2023.10.09 Motion for Summary Judgment 320
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.09
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.09
Excerpt: ...ivil Code S 1511. Motion for Summary Judgment: CCP S 437c(c) states a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. "A defendant...has met his or her burden of showing that a cause of achon has no merit if the party has shown that one or more elements of the cause of action, even if not separately p...
2023.10.02 Motion for Summary Judgment 623
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.02
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.10.02
Excerpt: ...7c(c) states a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. "A defendant...has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a comp...
2023.10.02 Motion for Leave to File Amended Complaint 164
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.02
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.10.02
Excerpt: ...2022. CCP S 473(a)(1) permits any pleading to be amended in further of justice and on any terms as may be proper, after notice to the adverse party. The Court's discretion in this regard will usually be exercised liberally to permit amendment. Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939. "Ifthe motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and wh...
2023.09.25 Demurrer 375
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.25
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.25
Excerpt: ...CCP S 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, 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 unli...
2023.09.18 Motion to Deem RFAs Admitted 011
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.18
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.18
Excerpt: .... When a party fails to respond to a Request for Admissions, the propounding party may move for an order deeming the truth of matters and the genuineness of documents specified in the requests admitted. CCP S 2033.280(b). Failure to also waives any objections to the discovery propounded. CCP S 2033.280(a). Plaintiff's moving papers sufficiently demonstrate that Defendant has failed to respond to the Request for Admissions within the required time...
2023.09.18 Motion to Compel Discovery Responses 169
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.09.18
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.09.18
Excerpt: ...fendant Bonna Johnson, Plaintiff's Motion to Compel Responses to Plaintiff's Form Interrogatories by Defendant Bonna Johnson, and Plaintiff's Moton for Order Deeming Facts Admitted, all of which were filed on August 17, 2023. Attached to each motion is a proof of service indicating that Defendant Johnson was served by mail on August 16, 2023. The moving papers were mailed from California to Virginia. unless otherwise ordered or specifically provi...
2023.09.18 Motion for Summary Judgment 870
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.18
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.18
Excerpt: ...tive Summary Adjudication of Plaintiff's claims alleging discrimination, harassment, retaliation, and other causes of action in violation of the California Fair Employment and Housing Act ("FEHA"), Pregnancy Disability Leave Law, and Labor Code. The Court's employment with the Attorney General was as a criminal prosecutor in the Sacramento office of the Special Prosecutions Section. This section is distinct in its duties and responsibilities from...
2023.09.18 Motion for Preliminary Approval 244
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.18
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.18
Excerpt: ...object to the Court preliminarily approving the settlement. This matter is post class certification. The Court has already certified the class, appointed the named Plaintiffs as class representatives, and appointed Kesluck, Silverstein, Jacob, & Morrison, P.C. and the Law Office of Edward Antonino P.C. as class counsel. The proposed settlement is as follows: Total Settlement Amount $250,000 Proposed Attorneys' Fees (33 %) $82,500 Litigation Costs...
2023.09.18 Demurrer 375
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.18
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.18
Excerpt: ...rrer: Respondent City of Redding demurs to Petitioner Blake Simpson's Notice of Appeal on the grounds that it fails to state sufficient facts. The Court does not believe that Ms. Kafel-Hanna had any involvement in the investigation or adjudication of this case, but does disclose the relationship between the named party and the Court's first degree relative as required by the California Code of Judicial Ethics, Canon 3E(2). Merits of Motion: A gen...
2023.09.11 Demurrer 811
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.09.11
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.09.11
Excerpt: ...ability on behalf of Defendant. Standard on Demurrer: A general demurrer should be sustained if the complaint fails to "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 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 subj...
2023.09.11 Motion for Judgment on the Pleadings 965
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.11
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.11
Excerpt: ...ntiff's meet and confer efforts. Request for Judicial Notice. Pursuant to Evid. Code SS 452(d) and 453, the Court takes judicial notice of the Court's Order dated June 28, 2023 from Plaintiff's Motion for Order That Matters in Request for Admissions of Truth of Facts Be Admitted. Merits. CCP S 438(c)(1)(A) provides that a plaintiff may move for judgment on the pleadings if the complaint states sufficient facts to constitute a cause of action and ...
2023.09.11 Motions to Compel Discovery Responses 159
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.09.11
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.09.11
Excerpt: ...r to the hearing on a noticed motion. CCP S 1005(b). This motion is set for hearing on September 11, 2023. Plaintiff's Opposition was therefore due to be filed and served no later than August 28, 2023. Plaintiffs' Opposition to Defendant's Motions was filed September 1, 2023 (the due date for Defendant's Reply), and had been served on Defendant on August 31.2023. Cal. Rules of Court, Rule 3.1300(d) provides that a trial court has discretion to re...
2023.09.05 Motion for Summary Judgment, Adjudication 905
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.09.05
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.09.05
Excerpt: ...show that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. Summary adjudication is appropriate if there is no merit to particular cause of action, affirmative defense, claim for damages or issue of duty. CCP S 437c(f)(1). "A defendant...has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, eve...
2023.09.05 Motion for Preliminary Approval of Class Action Settlement 240
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.05
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.05
Excerpt: ... 3.769. Defendant has filed a Statement of Non-opposition to the Motion. This matter was heard on July 24, 2023, and continued to allow Plaintiff to supplement the Motion. Plaintiff has filed supplemental briefing and declarations which address the concerns raised by the Court in its July 24, 2023 tentative ruling. The class is defined as "all current and former non-exempt employees employed by California Mentor Family Home Agency, LLC in Califor...
2023.09.05 Motion for Judgment on the Pleadings 335
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.05
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.09.05
Excerpt: ...l file and serve with the motion for judgment on the pleadings a 3 declaration stating" the attempts made to meet and confer. CCP S The Declaration of William Bliss provides sufficient evidence of Plaintiff's meet and confer efforts. Merits of Motion: CCP S 438(c)(1)(A) provides that a plaintiff may move for judgment on the pleadings if the complaint states suffcient facts to constitute a cause of action and the answer does not state facts suffic...
2023.09.05 Motion for Attorney's Fees 249
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.09.05
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.09.05
Excerpt: ...equest is GRANTED; however, the Court notes that the rulings are not binding on this court and their persuasive value is extremely limited as the rulings pertain to hourly rates of other legal communities. Objections: Defendants objections are OVERRULED. Authority: The Song-Beverly Act contains a cost-shifting provision that specifically allows prevailing buyers to recover their costs, including attorney's fees. Civ. C. S 1794(d). The attorney's ...
2023.08.28 Motion to Set Aside Default 411
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.08.28
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.08.28
Excerpt: ...eglect was excusable, the "court inquires whether 'a reasonably prudent person under the same or similar circumstances might have made the same error." Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 682. The burden is on the moving party to show that the neglect was excusable: i.e., that the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. The moving party has the bu...
2023.08.28 Motion for Summary Judgment, Adjudication 624
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.28
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.28
Excerpt: ...uest for Judicial Notice: GRANTED. Plaintiffs' Objections to Evidence: Plaintiffs have provided 8 objections. The objections are OVERRULED. Moton for Summary Judgment/Adjudication: CCP S 437c(c) states a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. Summary adjudication is appropriate there is no me...
2023.08.28 Motion for Leave to File Complaint 266
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.08.28
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.08.28
Excerpt: ...tion was untimely. The Court will exercise its' discretion and consider the late opposition. Merits of Motion: CCP S 428.50(b) provides the court with authority to grant leave to file a crosscomplaint in the interests of justice. The proposed cross-complaint for indemnity relates to the same parties and relates to the same issue arising from the slip and fall incident. The Court finds that allowing the filing of the cross-complaint would be in th...
2023.08.28 Motion for Approval of PAGA Settlement 378
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.28
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.28
Excerpt: ...f Motion: The Private Attorneys General Act of 2004 ("PAGA") is codified in Lab. Code SS 2698, et seq. In bringing a PAGA action, an aggrieved employee acts as the proxy or agent of state labor law enforcement agencies, representing the same legal right and interest as those agencies, in a proceeding that is designed to protect the public, not to benefit private parties. Villacres v. ABM Industries Inc. (2010) 189 Cal. App. 4th 562. The purpose o...
2023.08.28 Demurrer 935
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.08.28
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.08.28
Excerpt: ...o "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies when the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 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[sl the demurrer as admitting all ma...
2023.08.28 Demurrer 290
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.28
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.28
Excerpt: ...1W5(b) requires sixteen court days' notice. The Proof of Services prov-des that Plaintiff was served by mail on August 7, 2023. Because the 6 Demurrer was served by mail, five days are added to the notce period. CCP S IW5(b). Therefore, the Demurrer was filed and noticed late. However, a party who contests a motion on the merits without objecting to a defect or irregularity in the notice of motion, including the failure to serve a notice of motio...
2023.08.22 Motion to Expunge Lis Pendens 391
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.08.22
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.08.22
Excerpt: ...f $4,222.50. Merits of Motion: A Notce of Pendency of Action also known as a lis pendens can be recorded against real property that is subject to litigation. The lis pendens can be expunged (removed) during the pendency of the action if the pleading on which the notice is based does not contain a real property claim. CRC S 405.31. A real property claim in the context of lis pendens is defined as "the cause or causes of action in a pleading which ...
2023.08.22 Motion to Compel Arbitration 050
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.08.22
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2023.08.22
Excerpt: ... arbitration of Plaintiff's individual labor code and PAGA claims, to dismiss her class claims, and to stay her representative PAGA claim. The parties agree that Plaintiff signed a Mutual Agreement to Arbitrate on March 14, 2014 ("the Agreement"). Plaintiff contends the Agreement is superseded by Plaintiff's rejection of a subsequent arbitration agreement that was presented to her some time in 2018. Plaintiff also argues the Agreement is unconsci...
2023.08.21 Motion for Preliminary Injunction 496
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.21
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2023.08.21
Excerpt: ...Real Party in Interest Robert J. Frank Construction, lnc ("RJF"). Plaintiff was the next lowest bidder and alleges that the RJF bid was nonresponsive due to what Plaintiff alleges is a material deviation between the Subcontractor List and the Certified DV8E Summary. Evidentiary Objections. Defendant's evidentiary objections are overruled. Merits of Motion. The standard for a preliminary injunction is set forth in CCP S 525 et seq. To obtain a pre...