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

620 Results

Location: Solano x
2023.02.02 Motion to Compel Further Responses 515
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.02.02
Excerpt: ...s. Any insufficiency in these supplemental responses must be raised by a new motion Page 5 of 5 accompanied by a meet and confer declaration demonstrating a “reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc. § 2016.040.) To meet this meet and confer requirement, counsel must engage in a “serious effort at negotiation and informal resolution” that amounts to a sufficient ...
2023.02.02 Motion to Compel Deposition 761
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.02.02
Excerpt: ...021, plaintiff's counsel sent a notice for defendant's deposition to take place on April 6, 2021, more than a month before the date set for plaintiff's deposition. A litigation battle ensued, with neither side conceding. Depositions were repeatedly set and canceled. Other issues arose. A delay in prosecution was the ultimate result. Page 2 of 5 The lawsuit is now 26 months old and neither the deposition of the plaintiff nor the deposition of the ...
2023.02.02 Motion to Compel Arbitration and Stay Action 836
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.02.02
Excerpt: ... to the sales contract. Nor was FCA US LLC an “employee, agent, successor, or assign” of the dealer. Further, FCA US LLC may not enforce the arbitration clause under the doctrine of equitable estoppel or as a third party beneficiary. In contending that the arbitration clause applies to FCA US LLC under the doctrine of equitable estoppel, defendant primarily relies on Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486. However, in that case, t...
2023.01.26 Motions to Set Aside Order Compelling Arbitration, for Sanctions 944
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.01.26
Excerpt: ...ocedure sections 1281.97 and 1281.98 provide that where a party responsible under an arbitration agreement for payment of arbitration fees fails to pay required fees within thirty days of the fees' due date that party waives its right to compel the other party to continue with arbitration. The waiver of that right affords the other party certain privileges, most relevantly the ability to withdraw from arbitration and proceed in state court and th...
2023.01.26 Motion to Compel Arbitration and Stay Action 836
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.01.26
Excerpt: ..., or assign” of the dealer. Further, FCA US LLC may not enforce the arbitration clause under the doctrine of equitable estoppel or as a third party beneficiary. In contending that the arbitration clause applies to FCA US LLC under the doctrine of equitable estoppel, defendant primarily relies on Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486. However, in that case, the dealer, who was a signatory to the sales contract, had been named as a d...
2023.01.19 Motion to Compel Production of Docs, Responses 622
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.01.19
Excerpt: ...r from either Plaintiff's motion or Michelle Lim's declaration, or from Defendant's opposition or Sat Sang Khalsa's declaration that there was ever an actual agreement to stay discovery. Lim did not submit any emails or letters between the attorneys, although she referred to them in her declaration. Khalsa submitted some emails. Neither party submitted any emails or letters relating to or responding to the February 15, 2022 email from Lim to Khal...
2023.01.18 Motion to Strike 722
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.01.18
Excerpt: ...tentional, willful, or fraudulent are insufficient. (Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872; G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) “[T]he act of operating a motor vehicle while int...
2023.01.17 Demurrer, Motion to Strike 986
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2023.01.17
Excerpt: ...ffered injury and death due to Defendant's understaffing of its care facility. Legal Standard on Demurrer. “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set forth the essential facts of his or her case “with reasonable ...
2023.01.13 Demurrer to SAC 420
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2023.01.13
Excerpt: ...the “FEHA”). Timeliness of Opposition; Spacing of Filing Text. Plaintiff's counsel admits that opposition papers were not served on Defendants until January 3, 2023. (Declaration of Shanna McDaniel in Support of Reply to Opposition at ¶ 1, Exhibits A‐B.) The court cautions Plaintiff's counsel to be careful of service deadlines and of the spacing requirements of California Rules of Court Rule 2.108 but uses its discretion to accept Plaintif...
2023.01.11 Motion to Strike Punitive Damages 745
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.01.11
Excerpt: ...rnia v. Superior Court (2018) 29 Cal.App.5th 890,903); Ford Motor Company v. Superior Court (1981) 120 Cal.App.3d 748, 751‐753. However, punitive damages can be recovered in a survivor action, filed by a successor in interest to the deceased person who if alive would have a proper basis for asserting a punitive damages claim. C.C.P. §377.34 authorizes a successor in interest action to recover “the loss or damage that the decedent sustained o...
2023.01.11 Motion to Compel Deposition 663
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2023.01.11
Excerpt: ...and Production of Documents is DENIED in its entirety. California's Civil Discovery Act of 1986, Code Civ. Proc., § 2016 et seq., requires that, prior to the initiation of a motion to compel, the moving party declare that he or she has made a serious attempt to obtain an informal resolution of each issue. This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order. This,...
2023.01.10 Motion for Attorney Fees 759
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2023.01.10
Excerpt: ... Civil Code §3496, the statute at issue in that case, for red‐light abatement action]. Recovery of CITY's attorneys fees is governed by a different statute. Health & Safety Code §17980.7(c)(11) and (d)(1). However, neither of those subsections identify a particular method for computation of attorneys fees of the public agency. Thus, under Santa Rosa, the court will award fees not based upon what CITY pays its deputy city attorneys for the tim...
2023.01.06 Motion to Compel Deposition 663
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2023.01.06
Excerpt: ...and Production of Documents is DENIED in its entirety. California's Civil Discovery Act of 1986, Code Civ. Proc., § 2016 et seq., requires that, prior to the initiation of a motion to compel, the moving party declare that he or she has made a serious attempt to obtain an informal resolution of each issue. This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order. This,...
2023.01.05 Demurrer to SAC 925
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2023.01.05
Excerpt: ...t inducement of a sales contract for a car (the “Vehicle”) that contained a serious latent manufacturing defect (the “Engine Defect”). Legal Standard on Demurrer. “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set ...
2022.12.28 Motion to Compel Responses 480
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.12.28
Excerpt: ...he Requests for Production shall be served and responsive documents produced within 30 days of service of this order. Defendant served its Form Interrogatories, Set One, Special Interrogatories and Requests for Production on Plaintiff on September 29, 2022. Responses were due on October 11, 2022. No responses were received, nor was a request for extension made by the due date. Unverified responses were served to the Form Interrogatories and Reque...
2022.12.28 Motion for Summary Judgment 127
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.12.28
Excerpt: ...dical Treatment and Active Labor Act (the “EMTALA”), negligence per se, premises liability, wrongful death, as well as MITCHELL's cause of action against it for negligent infliction of emotional distress. Plaintiffs' complaint concerns SUTTER's alleged acts and omissions relating to the death of their son Daimon Ferguson (“Decedent”) on September 3, 2020. The court has not received opposition to the motion. Legal Standard. A defendant may...
2022.12.20 Demurrer 283
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.12.20
Excerpt: ... the sixth cause of action is for constructive wrongful termination. All concern events during Plaintiff's employment with the POTEET Defendants' company Defendant HEALTHY BODIES, INC. and the acts of her supervisor Defendant TOM NAKANISHI. Legal Standard on Demurrer. “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complai...
2022.12.14 Motion for Reconsideration 358
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.12.14
Excerpt: ... party requesting relief stating 1) what application was made, 2) when and to what judge, 3) what order or decision was made, and 4) what new or different facts, circumstances, or law are claimed to be shown. (Code Civ. Proc. § 1008(a).) A violation of the requirements of the motion for reconsideration may be punished as a contempt and may incur monetary sanctions. (Code Civ. Proc. § 1008(d).) Page 3 of 4 A motion for reconsideration must be ba...
2022.12.14 Motion for Attorney Fees 119
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.12.14
Excerpt: ... court “shall award to the plaintiff reasonable attorney's fees” when it has been “proven by a preponderance of the evidence that a defendant is liable for financial [elder] abuse”. (Welf. & Inst. Code § 15657.5(a).) Defendant does not claim that the parties agreed to a fee shifting term to enforce either the partnership or the settlement contracts (Civ. Code § 1717) and does not identify any statute or contractual agreement providing f...
2022.12.13 Motion to Compel Further Responses 776
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.12.13
Excerpt: ...t and confer declaration]; 2030.300(b)(1) [meet and confer requirement to compel further responses to interrogatories]. The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the motion. Obregon v. Superior Court (1998) 67 Cal.App.4th 424 [factors to be considered include the complexity of the discovery issues, the past history of the counsel on prior disputes, and to a certain extent, the ju...
2022.12.13 Motion for Attorney Fees 612
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.12.13
Excerpt: ...at ¶ 82, Exhibit 5.) Validity of Code of Civil Procedure Section 998 Offer. Code of Civil Procedure section 998, subdivision (c)(1) provides, among other things, that a plaintiff who rejects a defendant's properly presented and reasonable settlement offer and then fails to obtain a more favorable result cannot claim attorneys' fees and costs incurred after the date of the offer even in a case under the Act. (Covert v. FCA USA, LLC (2022) 73 Cal....
2022.12.06 Demurrer 260
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.12.06
Excerpt: ...ed Loan Servicing LLC (2020) 52 Cal.App.5th 795, 803. The “fraud by omission” cause of action elements include concealment or suppression of a material fact by one who actually knows that fact and has a duty to reveal it. Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248. Plaintiff's complaint contains no specific allegations that would establish actual knowledge by Defendants and demurring parties BUNDESEN ENTERPRISES dba Cen...
2022.12.02 Demurrer, Motion to Strike 149
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.12.02
Excerpt: ...nd implied warranty obligations on manufacturers for the sale of new consumer goods. (Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, 219.) The Act also applies to a retail seller of a used consumer good on a limited basis only if the retail seller makes an express warranty with respect to that used consumer good. (Civ. Code § 1795.5; Gutierrez v. Carmax Auto Superstores Ca. (2018) 19 Cal.App.5th 1234, 1246; Leber v. DKD of Davis, Inc. (2015...
2022.11.30 Motion to Compel Further Responses 779
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.11.30
Excerpt: ...nancial records. Ameri‐Medical Corp. v. Workers' Comp. Appeals Bd. (1996) 42 Cal.App.4th 1260, 1289 [suggesting in dicta that tax returns are not discoverable]; Sav‐On Drugs, Inc. v. Superior Court (1975) 15 Cal.3d 1 [interrogatories improperly sought information about specific deductions claimed on state sales tax returns]. The California Supreme Court explained that special protections were given by the California legislature (now at Revenu...
2022.11.30 Motion for Summary Adjudication 332
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.11.30
Excerpt: ...rden of establishing each element of the two breach of guaranty causes of action and the cause of action for fraudulent conveyance. (Code Civ. Proc. § 437c(p)(2); Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264, 274.) The essential elements for a breach of contract are: 1) a contract, 2) plaintiff's performance, 3) defendant's breach, and 4) damages. (Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 111...

620 Results

Per page

Pages