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730 Results

Location: Shasta x
2021.03.22 Demurrer, Motion to Compel Further Responses 066
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.22
Excerpt: ...er is based on the claim that there is no theory by which a public entity can be liable under Civil Code §§ 51.9 or 52. Plaintiff alleges that Defendant is liable under the theory that they authorized or ratified the actions of Ms. Kimball. Plaintiff relies upon Civil Code § 2339 as statutory authority to hold the School District liable for the tortious conduct of Ms. Kimball. Ratification may occur where a private employer knows or should kno...
2021.03.15 Motion to Set Aside Default 797
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2021.03.15
Excerpt: ...ed a Mechanics Lien on the property June 24, 2020 and filed a complaint for damages on September 18, 2020. A Notice of Pending Action was filed on the same date. Rawson was personally served on September 26, 2020. He admits, when served, he became angry and ripped up the summons. Having failed to timely file a response, Rawson was defaulted October 27, 2020. The Request for Entry of Default was served by mail on Rawson at the same address where h...
2021.03.15 Motion to Set Aside Default 290
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.15
Excerpt: ...no case exceeding six months after the judgment was taken. CCP § 473(b). The Summons and Complaint were served on December 22, 2020. The evidence presented by Defendant is that he tried to file his Answer at approximately 8:30 a.m. on January 19, 2021, but was told by a civil clerk that it was in a format unacceptable to the Court. Parenti Decl. ¶ 2. The Defendant then asked the clerk for general advice and was informed that the thirty day peri...
2021.03.15 Motion for Summary Judgment 014
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2021.03.15
Excerpt: ...re ranch located in Shingletown. The property was the Insured's home since 1979. Besides the main residence, there was a standalone cottage at the property. It was constructed for housing for potential future caretakers. The cottage was never rented out to the public. It does not have a separate mailing address. In 2010, the Insured's grandson, Jacob Stepp, moved into the cottage. There was no written rental agreement and he did not pay monetary ...
2021.03.15 Motion for Preliminary Approval of Class Action Settlement 938
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.15
Excerpt: ...ntain a FAC. However, upon receipt it was apparent that the FAC was filed in Federal Court, not State Court. At the hearing on February 8, 2021, Plaintiff was directed to file a FAC in this case so that the operative pleading is part of the official record. Plaintiff is again directed to file a FAC in this case so that operative pleading is part of the official record. The proposed Class is defined as, “all current and former non‐exempt, hour...
2021.03.15 Motion for Leave to Serve by Publication 734
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.15
Excerpt: ...with reasonable diligence be served in another manner specified in this article and that either: (1) a cause of action exists against the party upon whom service is to be made or he or she is a necessary party to the action or (2) the party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding t...
2021.03.15 Motion for Leave to Intervene 216
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.15
Excerpt: ...ursuant to Evid. Code § 452(d). This request is granted. Merits of the Motion. A petition for leave to intervene may be made by noticed motion or ex parte application and must include a copy of the Proposed Complaint‐In‐Intervention set forth the grounds upon which intervention rests. CCP § 387(c). Under CCP § 387(d)(2), the Court has discretion to permit a nonparty to intervene in the action where “the person has an interest in the matt...
2021.03.08 Motion to Strike 292
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.08
Excerpt: ...hed that resolves the objections to be raised in the motion to strike. CCP § 435.5(a). Plaintiff has provided a letter sent to Defendants on January 19, 2021. Ricks. Decl. ¶ 5, Exhibit B. The Court finds that Plaintiff has met their obligation to meet and confer. Motion to Strike Standard: A motion to strike can be used to attack the entire pleading, or any part thereof, including single words or phrases. Stearns Ranchos v. Atchison Topeka & Sa...
2021.03.08 Demurrer 315
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2021.03.08
Excerpt: ...murrer: A general demurrer should be sustained if the complaint fails to “state facts sufficient to constitute 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 ...
2021.03.01 Motion to Contest Application for Good Faith Determination 147
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2021.03.01
Excerpt: ...a settlement reached by a defendant/joint tortfeasor. A good faith determination bars any other joint tortfeasors or coobligors from any further claims for indemnity, comparative fault or equitable contribution. CCP § 877.6(c). The settlement must be within the reasonable range of the settling tortfeasors' share of liability taking into consideration the facts and circumstances of the case. Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (198...
2021.03.01 Motion for Final Approval of Class Action Settlement 712
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.03.01
Excerpt: ...ecember 3, 2020. The pending Motion for Final Approval of Class Action Settlement and Motion for Award of Reasonable Attorneys' Fees and Costs, Class Representative Service Award, and Settlement Administration Fees were filed on February 2, 2021 along with numerous supporting declarations. Both motions are unopposed. Final Approval of the Settlement: The terms of the settlement require defendant to fund a settlement package in the amount of $180,...
2021.02.22 Motion to Strike Religion Defenses 786
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.02.22
Excerpt: ...nd confer at least five days before the date a motion to strike is filed. The Declaration of Robert P. Johnston provides evidence that the Parties met and conferred more than five days prior to the motion being filed. Requests for Judicial Notice. Both Parties request that the Court take judicial notice of the various pleadings contained within the Court's file for this case as well as the Appellate Opinion, Sumner v. Simpson University (2019) 27...
2021.02.22 Special Motion to Strike 607
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.02.22
Excerpt: ..., the burden shifts to the plaintiff to establish his probability of prevailing on the claim. (HMS Capital, Inc. v. Lawyers Title Company (2004) 118 Cal.App.4th 204, 211.) A defendant meets his initial burden by demonstrating the act underlying the plaintiff's cause of action fits one of the categories spelled out in section 425.16, subdivision (e). (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) The “focus is not the form of the plaintiff's c...
2021.02.16 Demurrer 349
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2021.02.16
Excerpt: ...ction fails to state sufficient facts. CCP § 430.10(a) & (e). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente Unified School District ...
2021.02.08 Motion to Expunge Lis Pendens 831
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2021.02.08
Excerpt: ...perty 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 § 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 would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an...
2021.02.08 Motion to Compel Further Testimony 952
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2021.02.08
Excerpt: ...as not expressly raised it appears that Plaintiffs' counsel also represents Williams. An opposition has been filed but it expressly states that it is the Plaintiffs' opposition. There is no indication that the opposition was provided on behalf of Williams. No evidence in opposition has been filed by Williams or on behalf of Williams. As such the Court will continue this matter to allow for personal service on Williams. Today's hearing is continue...
2021.02.08 Motion for Summary Adjudication 486
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.02.08
Excerpt: ...priate pursuant to Evid. Code § 452 and the Court will take judicial notice of each of the document Plaintiff's Objections to Defendants' Exhibits. The objections are be overruled. Service. Defendant objects that the Motion was served electronically, rather than by mail or personal service. The Court notes that Emergency Rule 12, which would have required Defendant to accept electronic service was repealed November 13, 2020. The Motion was serve...
2021.02.08 Motion for Preliminary Approval of Class Action Settlement 938
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.02.08
Excerpt: ...tain a FAC. However, upon receipt it was apparent that the FAC was filed in Federal Court, not State Court. Plaintiff is directed to file a FAC in this case so that the operative pleading is part of the official record. The proposed Class is defined as, “all current and former non‐exempt, hourly employees who worked for Defendant within California at any time during the Class Period,” which is defined as “the time period from January 3, 2...
2021.02.08 Motion for Leave to Intervene 216
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.02.08
Excerpt: ...ursuant to Evid. Code § 452(d). This request is granted. Merits of the Motion. A petition for leave to intervene may be made by noticed motion or ex parte application and must include a copy of the Proposed Complaint‐In‐Intervention set forth the grounds upon which intervention rests. CCP § 387(c). Under CCP § 387(d)(2), the Court has discretion to permit a nonparty to intervene in the action where “the person has an interest in the matt...
2021.02.01 Motion to Set Aside Default 897
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2021.02.01
Excerpt: ...ws a party to move to set aside a void order or judgment. Defendant has submitted a declaration that he was never served with the FAC, and had no knowledge of it prior to November 24, 2020. The FAC was filed on August 18, 2020 and includes a proof of service stating that it was served by mail on Defendant Robert Blankenship on August 18, 2020. Based on the a proof of service indicating the FAC was served on August 18, 2020, the Court entered defa...
2021.02.01 Motion to Compel Testimony and Production of Docs 510
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.02.01
Excerpt: ...nsel show that good faith meet and confer efforts were made, but they were ultimately unsuccessful. Merits of the Motion. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible...
2021.02.01 Motion for Summary Judgment 461
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2021.02.01
Excerpt: ...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 complete defense to the cause of action. Once the defendant … has met that burden, the burden shifts to the plaintiff … to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto….” C...
2021.02.01 Motion for Judgment on the Pleadings 952
Location: Shasta
Judge: Baker, Stephen H
Hearing Date: 2021.02.01
Excerpt: ...nt and Housing Act (FEHA) as well as whistleblower retaliation, failure to take corrective action and violation of the POBRA related to actions taken by unspecified employees on September 27, 28 and 29, 2019. On April 10, 2020, Defendant responded with a Notice of Insufficiency. The Notice stated it would take no action on the claim for 15 days in order to give Plaintiffs' an opportunity to amend. On May 4, 2020, Plaintiffs submitted an amended c...
2021.02.01 Demurrer 614
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.02.01
Excerpt: ...�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, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente Unified School District (1998) 65 Cal.App.4th 435, 438...
2021.01.25 Motion for Leave to Take Subsequent Depositions 176
Location: Shasta
Judge: Wood, Tamara L
Hearing Date: 2021.01.25
Excerpt: ...heck that was provided by Plaintiffs as evidence that their home was cleaned following a prior insurance claim just prior the insurance claim which is the subject matter of this litigation. As Plaintiffs again received payment for cleaning as a result of the Carr Fire claim at issue in this litigation having represented to Defendants that the prior cleaning had been performed. When Check No. 1287 (the check for payment of cleaning services) was p...

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