Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

801 Results

Location: Solano x
2024.03.15 Motion to Compel Deposition 300
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2024.03.15
Excerpt: ...24. Should Defendant Turley fail to appear for deposition as agreed, absent a good faith reason or substantial justification, the court shall impose a sanction upon Mr. Turley only of $1000, which shall then be due and payable to Plaintiff not later than 30 days afte r the scheduled deposition date. At that time, a second deposition date will be scheduled with Mr. Turley. Should he fail again to appear as agreed, the court will consider contempt...
2024.03.14 Motion to Compel Arbitration 346
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.03.14
Excerpt: ... the Private Attorney s General Act (the “PAGA”). Defendant MAIN ELECTRIC SUPPLY COMPANY LLC (“MAIN ELECTRIC”) simultaneously moves to join EXPRESS's motion to compel arbitration and thereby also compel arbitration of Plaintiff's claims against MAIN ELECTRIC. Joinder to Moti on to Compel Arbitration. The minute order after hearing from November 6, 2023 states that the Honorable R. Michael Smith ordered EXPRESS to file its motion to compe...
2024.03.14 Motion for Void Judgment, Dismissal 423
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2024.03.14
Excerpt: ...n auto loan financed by Plaintiff for a 2017 Jeep Grand Cherokee. Plaintiff alleged Defendants not only failed to return the vehicle but secreted it so that Plaintiff was unable to repossess the vehicle. Defendants, who are self -represented, answered the complaint on April 4, 2023 and thereafter filed a succession of pleadings including a cross -complaint, a declaration unattached to any motion, a surety bond, a motion to quash, a motion to st...
2024.03.14 Demurrer, Motion to Strike 281
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2024.03.14
Excerpt: ...out the harassment but failed to take “immediate and appropriate corrective action.” (Gov. Code § 12940(j)(1); Roby v. McKesson (2009) 47 Cal.4th 686, 707; Mathieu v. Norrell Corp. (2004) 115 Cal.App.4th 1174, 1185.) Similarly, the employer must “take all reasonable steps Page 1 of 6 necessary to prevent discrimination and harassment from occurring”, which includes the prompt investigation of any claims. (Gov. Code § 12940(k); Cal. Fair...
2024.03.12 Motion to Strike or Tax Costs 217
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.03.12
Excerpt: ... Standard. Code of Civil Procedure section 1032 authorizes recovery of costs for a prevailing party. Plaintiff is a prevailing party entitled to recover costs per the court's order following trial. (Defendant's Request For Judicial Notice K.) Section 1033. 5 delineates the categories of recoverable costs under section 1032 and also expressly disallows some sorts of costs. If an item of costs is not expressly allowed or disallowed it may be allowe...
2024.03.12 Motion for Leave to File FAC, to File Answer to Demurrer 847
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2024.03.12
Excerpt: ... Linforth v. White (1900) 129 Cal. 188, 190; Gortner v. Gortner (1976) 60 Cal.App.3d 996, 999.) Plaintiff's proof of service shows service by mail, addressed directly to Defendant Green Dot, at an address in Sacramento different from the address given for Defendant Green D ot's attorney of record. Additionally, both motions lack merit. Plaintiff's motion for leave to file an untimely “answer” to Defendant's demurrer is moot, the court having...
2024.03.12 Motion for Attorney Fees 217
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.03.12
Excerpt: ... reques ts judicial notice of the following document: the Senate Rules Committee Office of Senate Floor Analyses Unfinished Business SB 579, dated September 1, 2015 (a portion of the legislative history of Labor Code section 230.8). Defendant requests judicial no tice of thirteen items from the record of this case. The court takes judicial notice of all proffered items as records of official acts of the Legislature, records of a court of this st...
2024.03.08 Motion to Transfer 428
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.03.08
Excerpt: ...73 Cal. App.4th 1189, Ventura Unified School District v. Superior Court (2001) 92 Cal.App.4th 811). CCP Section 394 does not use the term “accident”, but uses the language, “for injury occurring within […] the county.” CCP Section 394. The complaint in the prese nt case does not allege that the accident, plaintiff's injuries or the death of her son occurred, even in part, in Merced County. In their motion, defendants note that the comp...
2024.03.07 Pitchess Motion 992
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2024.03.07
Excerpt: ...s are sought” fo r these requests. (Evid. Code § 1043(b)(1).) To the extent that Plaintiff seeks the personnel records of Lieutenant Kresha, Chief Cantrell, and Interim Chief Tibbett, the motion is denied. Plaintiff has not demonstrated good cause for production of the se records, having failed to adequately articulate how the discovery sought would lead to evidence relevant to any claim made by Plaintiff or a “specific factual scenario” ...
2024.03.07 Demurrer 845
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2024.03.07
Excerpt: ...d to answ er a cross-complaint that duplicated the answer to the complaint; it did not prohibit a cross -complaint that was duplicative of the complaint. Moreover, the cross -complaint in the present case is not duplicative of the complaint. While the complaint seek partition by sale to a third party, the cross- complaint seeks partition by sale of one co -tenant's interest to the other cotenant. Page 2 of 6 The demurrer is sustained with leave t...
2024.03.07 Application for Writ of Possession 118
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2024.03.07
Excerpt: ...ndants. Even if proofs of service had been filed, the application could not be granted. Page 3 of 6 Another requirement for a writ of possession is that there be sufficient evidence to establish the likely location of the vehicle. C.C.P. §512.010(b)( 4) requires: A statement, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private pl...
2024.03.05 Motion to Set Aside Default 106
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2024.03.05
Excerpt: ...glect. Thoug h the moving party bears the burden of showing that its mistake or neglect was excusable, any doubt as to that showing must be resolved in the moving party's favor to promote legislative policy favoring trial on the merits. (New Albertsons, Inc. v. S u p e r i or Court (2008) 168 Cal.App.4th 1403, 1420.) SERITAGE presents evidence that it acted promptly to secure an attorney by tendering its claim to its insurance carrier Sedgwick on...
2024.03.01 Demurrer 602
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.03.01
Excerpt: ...ealing by making a frivolous and bad faith indemnity claim based on “easily and inexpensively resolved issues” cited by California's Board of Vocational Nursing & Psychiatric Technicians. (FAC, ¶ 9.) The covenant of good faith and fair dealing is an implied contrac tual term that aims to effectuate the contractual intentions of the parties by requiring that neither party to the contract will do anything to injure the right of the other to re...
2024.02.29 Motion to Compel Further Responses 799
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2024.02.29
Excerpt: ...n deposition notices or business records subpoenas, the moving party must engage in meet and confer efforts to try to resolve the disputes. C.C.P. §2031.310(b)(2) [requests for production]; C.C.P. §2025.450(b)(2) [documents requested in deposition notice]; C.C.P. §§2 020.020(b), 2020.030 and 2025.450(b)(2) [documents requested in business records subpoena]. Page 2 of 5 The trial court has discretion in determining whether adequate meet and co...
2024.02.29 Motion for Summary Judgment 354
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.29
Excerpt: ...t Plaintiff, BART, and MALCOLM are siblings and together the sole shareholders of CTF, a corporation engaged in tree farming, and that due to BART and MALCOLM's acts as combined majority shareholders CTF's business has been abandoned, Plaintiff as minority shareholder has been s ubjected to persistent unfairness in that she has realized little or no profit from her ownership share, and that liquidation is reasonably necessary to protect the righ...
2024.02.28 Motion to Strike 678
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.28
Excerpt: ...nce by groups su ch as MADD, California courts found such driving can subject the driver to possible punitive damages, depending upon the history of the driver and/or the recklessness of the driving. Taylor v. Superior Court (1979) 24 Cal.3d 890; Dawes v. Superior Court (1980) 111 Cal.App.3d 82. Plaintiffs' first amended complaint alleged that moving party LARRY BOWIE (“BOWIE”) “rapidly approached the rear of a [car] in the same lane in fr...
2024.02.27 Motion for New Trial 217
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.27
Excerpt: ...ment with Defendant on May 28, 2020 because she took up to forty hours' time off to address a childcare provider and/or school closure emergency caused by the COVID -19 pandemic. The jury returned a verdict on July 21, 2023 finding in Plaintiff's favor on both causes of action and awarding her net damages of $69,500. Defendant asserts several irregularities in the proceedings that prevented it from receiving a fair trial and which support granti...
2024.02.27 Demurrer, Motion to Strike 663
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2024.02.27
Excerpt: ...7200. Summarized, Plaintiff's complaint alleges that Plaintiff, DISCOVERY, SEENO III, and Defendant VILLAGES AT FAIRFIELD, LLC (“VILLAGES”) participated in a development project for the City of Fairfield for which Plaintiff and co - developers who are not presently parties w ere awarded public facility fee credits. Plaintiff alleges that Defendants converted the fee credits to their own use by applying the credits to Defendants' separate dev...
2024.02.23 Motion to Enforce Settlement Agreement 390
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2024.02.23
Excerpt: ... this lo cal rule in substantially the following form: “Notice: The Superior Court in and for Solano County has adopted a tentative rulings system that is described in the court's local Rule 3.9. Failure to comply with Rule 3.9 may seriously affect parties' rights in this case.” The notice of motion filed here fails to contain this notice. CRC 3.1700 requires court costs to be requested by filing and service of a memorandum of costs, within...
2024.02.23 Motion for Judgment on the Pleadings 514
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.02.23
Excerpt: ...ates fact s sufficient to constitute a cause or causes of action and the defendant's answer does not state facts sufficient to constitute a defense. (Code Civ. Proc., § 438, subd. (c)(1)(A).) The grounds for such a motion must appear on the face of the pleadings o r from judicially noticeable materials. (Code Civ. Proc., § 438, subd. (d).) The standard for granting a motion for judgment on the pleadings is essentially the same as that for susta...
2024.02.22 Motion to Compel Arbitration 525
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2024.02.22
Excerpt: ...t could be enforced]. Residents of a continuing care retirement community (CCRC) are also protected by Civil Code §1953(a)(4), and cannot be compelled to arbitrate renter -type claims against the property owner. Harris v. University Village Thousand Oaks CCRC LL C (2020) 49 Cal.App.5th 847, 850 -851 [finding the arbitration provisions in the dwelling lease or rental agreements void, despite the trial court's Page 2 of 4 characterization of thos...
2024.02.21 Motion for Judgment on the Pleadings 301
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2024.02.21
Excerpt: ...ded complaint, which at its heart alleges that Plaintiff, now an adult, suffered childhood sexual abuse from Defendant EDWARD HEARN, a teacher, while attending a DUSD school, and in turn DUSD's own cross- complaint against DOLPHINS for indemnity based on those allegations. Leg al Standard. A defendant may move for judgment on the pleadings on the basis that the complaint against him does not state facts sufficient to constitute a cause of action....
2024.02.20 Demurrer to FAC 299
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2024.02.20
Excerpt: ...ichment. Summarized, the 1AC alleges that GOMEZ has left construction equipment and debris on SHARMA's agricultural land, preventing access to portions of the land, posing a hazard to persons on the land, and otherwise damaging the land. Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). The court takes judicial notice of GOMEZ's second amended complaint, SHARM...
2024.02.20 Demurrer 385
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2024.02.20
Excerpt: ...ained only where the complaint is so bad that the defendant cannot reasonably respond, or cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against it. Chen v. Berenjian (2019) 33 Cal.App.5th 811, 822; Edmon & Karnow (Weil & Br own), Civil Procedure Before Trial, §§7:85 and 7:86. It seems reasonably clear, and confirmed by the extensive arguments raised by LAWC and AABMI in support of the...
2024.02.15 Motion to Compel Further Responses 052
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2024.02.15
Excerpt: ...legations t hat Defendant RODRIGO GONZALEZ MENDOZA, acting in the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure secti...

801 Results

Per page

Pages