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

411 Results

Location: Solano x
2021.05.07 Motion to Strike 721
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.07
Excerpt: ...udgment on the pleadings as to the prayer for punitive damages in the complaint. Plaintiff RAMON REYES also calendared a motion to amend the complaint to be heard weeks later. On January 5, 2021, the court directed the parties to appear to discuss scheduling of the motions given the fact that the court intended to grant the motion for judgment on the pleadings but also intended to permit plaintiff to amend his complaint. Ultimately, the parties s...
2021.05.07 Motion for Judgment on the Pleadings 055
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.07
Excerpt: ...7, 1306.) A cause of action for breach of an implied warranty cannot accrue any later than one year after tender of delivery of the good, the “limited prospective existence beyond the time of delivery” provided by the Song‐Beverly Act. (Com. Code § 2725(2); Mexia, 174 Cal.App.4th at 1308‐1309.) And, while a breach of an express warranty contemplates future performance such that it does not accrue until a breach is or should have been dis...
2021.05.07 Demurrer, Motion to Strike 587
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.07
Excerpt: ...nded Complaint. The court also sustained the demurrer of Defendant THE COCA COLA COMPANY (“COCA COLA”) based upon the failure to allege sufficient facts in the First Amended Complaint to establish a relationship of joint employment. Plaintiff was afforded 20 days to amend as to COCA COLA. On December 7, 2020, Plaintiff filed the Second Amended Complaint. No proof has been filed that the Second Amended Complaint was served upon the Defendants....
2021.05.07 Demurrer 478
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.07
Excerpt: ...nges to the non‐judicial foreclosure of real property he owned located at 1336 Crowley Lane, Fairfield, CA 94533: Dayton v. Quality Loan Service Corp. as Trustee for Bank of America Home Loans Servicing LP as Beneficiary and Bank of America, Solano County Superior Court Case No. FCS045278 Dayton v. Bank of America, as successor by merger, Solano County Superior Court Case No. FCS052246 The instant lawsuit is the third lawsuit filed by DAYTON ag...
2021.05.06 Demurrer, Motion to Strike 524
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.05.06
Excerpt: ...d fifth cause of action for negligence. A plaintiff may maintain a cause of action for equitable indemnity when there is some basis for tort liability against the defendant. (BFGC Architects Planners, Inc. v. Forcum/Mackey Constr., Inc. (2004) 119 Cal.App.4th 848, 852.) While liability under the Agricultural Labor Relations Act is limited to “employers” and excludes farm labor contractors (See, Lab. Code §§ 1140.4(c) [definition of employer...
2021.05.04 Special Motion to Strike 879
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.04
Excerpt: ...FLINT COREY ZIDE and SARKIS SERGO KARAYAN (“Attorneys”), the attorneys who drafted and filed the collection complaint in this action. SUMERS' cross‐complaint alleged against Attorneys causes of action for violation of the Federal Debt Collection Practices Act (“FDCPA”) and California's Rosenthal Fair Debt Collection Practices Act (“Rosenthal Act”). Both the FDCPA and the Rosenthal Act are designed to protect unsophisticated consumer...
2021.05.04 Motion to Strike 330
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.04
Excerpt: ...r or motion to strike. Plaintiff does not explain why Plaintiff alleged in the Complaint that Defendant was driving 70 miles per hour but now alleges in the First Amended Complaint that Defendant was driving 100 miles per hour at the time of the accident. When a party attempts to avoid the defects of a prior complaint by omitting facts that made the prior complaint defective or adding inconsistent facts, the court may take 4 judicial notice of th...
2021.05.04 Motion for Summary Judgment 460
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.05.04
Excerpt: ... in severe cellulitis and near amputation” arising out of a “missed [] step coming out” of a rental vehicle. (Response to UMF 3.) Plaintiff felt no pain or experienced other symptoms of injury on the date of the vehicle collision or the days immediately following the collision. (Id. at 4‐5.) It is undisputed that Plaintiff sustained his left ankle and foot injury “when he ‘misstepped' out of his rental vehicle from about three feet of...
2021.05.04 Motion for Judgment on the Pleadings 055
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.04
Excerpt: ... 1306.) A cause of action for breach of an implied warranty cannot 2 accrue any later than one year after tender of delivery of the good, the “limited prospective existence beyond the time of delivery” provided by the Song‐Beverly Act. (Com. Code § 2725(2); Mexia, 174 Cal.App.4th at 1308‐1309.) And, while a breach of an express warranty contemplates future performance such that it does not accrue until a breach is or should have been dis...
2021.04.29 Motion for Summary Judgment 460
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.04.29
Excerpt: ... in severe cellulitis and near amputation” arising out of a “missed [] step coming out” of a rental vehicle. (Response to UMF 3.) Plaintiff felt no pain or experienced other symptoms of injury on the date of the vehicle collision or the days immediately following the collision. (Id. at 4‐5.) It is undisputed that Plaintiff sustained his left ankle and foot injury “when he ‘misstepped' out of his rental vehicle from about three feet of...
2021.04.28 Motion for Entry of Judgment 109
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.04.28
Excerpt: ...n violation of the Benicia Municipal Code; (2) operating a commercial cannabis operation without the appropriate state and local permits and/or licensure authorizing such business activities to be conducted; (3) occupying and/or utilizing the premises of 2995 Bayshore Road which have been altered in violation of the Building Code without the appropriate permits and inspections. The court also finds the evidence supports judgment for declaratory r...
2021.04.22 Demurrer 728
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.04.22
Excerpt: ... it is not alleged in the complaint, Defendant Farmers asserts in its motion that it is merely the insurer for Defendant Khodaverdi. Plaintiff cannot bring a direct action against an insurer and may not join an insurer in an action against the insured to establish liability. (Rose v. Royal Ins. Co. (1991) 2 Cal.App.4th 709, 718; Zahn v. Canadian Indem. Co. (1976) 57 Cal.App.3d 509, 514.) In any case, having failed to file any opposition to the mo...
2021.04.20 Demurrer 478
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.04.20
Excerpt: ...y and Bank of America, Solano County Superior Court Case No. FCS045278 Dayton v. Bank of America, as successor by merger, Solano County Superior Court Case No. FCS052246 The instant lawsuit appears to be the third lawsuit filed by DAYTON against BANK OF AMERICA related to the foreclosure of the Crowley Lane property. FCS045278 was dismissed by DAYTON without prejudice. In FCS052246, a tentative ruling granting BANK OF AMERICA's motion for summary...
2021.04.16 Motion for Approval of PAGA Settlement 283
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.04.16
Excerpt: ...settlement must be submitted to the Labor and Workforce Development Agency simultaneously with the court. Plaintiff has shown that the settlement was simultaneously presented to the Labor and Workforce Development Agency. (Declaration of Scott L. Gordon, Exhibit 2.) The court finds the proposed distribution of the total settlement amount reasonable, including payment of $33,333 (one third of the $100,000 total amount) to counsel for attorneys' fe...
2021.03.25 Motion to Compel Deposition, Production of Docs, Protective Order, for Sanctions 474
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.03.25
Excerpt: ...rts have been made to meet and confer to try to informally resolve the disputes. C.C.P. §2025.450(b)(2). 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 judge's gut feel...
2021.03.25 Demurrer 062
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.03.25
Excerpt: ...intiff shows he properly presented a written administrative claim. Defendants acknowledge that Plaintiff met his claim presentation requirements. However, Defendants argue that Plaintiff failed to timely file this state suit. This argument fails to address the tolling of the state claim due to the pendency of the federal action. (See Addison v. State of California (1978) 21 Cal.3d 313, 319‐320; Harris v. Grimes (2002) 104 Cal.App.4th 180, 189.)...
2021.03.24 Demurrer 666
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.03.24
Excerpt: ...lure to pay overtime wages, (10) unlawful business practices, (11) quantum meruit, (12) money had and received, and (13) unjust enrichment, filed on November 13, 2020. The core of the complaint is a dispute over an agreement between the parties for SHARMA to purchase real property (the “Property”) from Plaintiff and then sell it back to him. Defendants present a number of attachments and declarations to the court in support of their demurrer....
2021.03.23 Demurrers 352
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.03.23
Excerpt: ...24, 32, 40), Plaintiff specifically alleged that Defendant Kaufman performed a lumbar puncture, without obtaining informed consent, that caused her injuries. (FAC, ¶¶ 26, 33.) A demurrer may be sustained when specific allegations inconsistent with general allegations render the complaint defective. (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1236.) Plaintiff concedes that Dr. Geller is not an emergency medicine physician ...
2021.03.22 Motion to Tax Costs 677
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2021.03.22
Excerpt: ...e costs of “Transcripts of court proceedings not ordered by the court.” As Item 11 in the memorandum of costs, KAISER GYPSUM COMPANY, INC. (“KAISER”) claimed $29,707.68 in court reporter fees for daily trial transcripts. Of this amount, by time of reply Plaintiff had withdrawn its challenge to the Realtime component of those costs, which the court from the table provided in KAISER's opposition computes to be $2,338.74. Those other costs c...
2021.03.18 Motion for Summary Judgment 941
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.03.18
Excerpt: ...tion. (Code Civ. Proc., § 437c, subd. (o)(1).) A summary judgment motion is properly granted where the evidence in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not show facts sufficient to present a triable issue of fact. (Parker v. Twentieth Century‐Fox Film Corp. (1970) 3 Cal.3d 176, 181 (Parker).) The motion is not to be granted where any triable issue of material fact exists. (Ibi...
2021.03.18 Motion for Summary Judgment 109
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.03.18
Excerpt: ...issues of duty and causation vis‐à‐vis each cause of action therein. Summarized, the complaint alleges that Defendants' negligence caused the death of Plaintiffs' family member Julian Hawkins (“Decedent”) at the hands of a gunman when both were in GENTLEMAN JIM'S, a bar. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of action. (Code Civ. Proc., § 437c, ...
2021.03.11 Motion to Quash Subpoena, Special Motion to Strike 518
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.03.11
Excerpt: ...meritorious and cause for its denial. (Cal. Rules of Court, rule 3.1113(a).) In addition, Defendant has not established the existence of a legally protected privacy interest, an objectively reasonable expectation of privacy under the circumstances, and threatened serious invasions of the interest. (Williams v. Superior Court (2017) 3 Cal.5th 531, 552‐553.) A court need not balance asserted privacy interests with any countervailing interests ser...
2021.03.11 Motion for Judgment on the Pleadings 148
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.03.11
Excerpt: ...ker Boat Co. (2009) 174 Cal.App.4th 1297, 1306.) A cause of action for negligence must be commenced within two years of accrual of the cause of action. (Code Civ. Proc. § 335.1.) A cause of action for breach of an implied warranty cannot accrue any later than one year after tender of delivery of the good, the “limited prospective existence beyond the time of delivery” provided by the Song ‐Beverly Act. (Com. Code § 2725(2); Mexia, 174 Cal...
2021.03.10 Motion to Contest Application for Determination of Good Faith Settlement 484
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.03.10
Excerpt: ...CYNTHIA PIKE's complaint for negligence. Code of Civil Procedure section 877.6 provides the procedure by which one settling defendant among many may apply to the court for a determination that his settlement is in good faith. Factors the court should consider when evaluating good faith include a rough approximation of the plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlem...
2021.02.26 Motion for Summary Judgment 806
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.02.26
Excerpt: ...fying what new facts or law support the renewed motion. On January 29, 2021, BMO HARRIS BANK N.A. (“BMO”) submitted a declaration which satisfies this jurisdictional requirement. During the pendency of this motion, the court raised two issues: (1) the independent authority of the insolvent corporate entities to appear through counsel and litigate issues related to assets and the existence and scope of debt given the appointment of a Receiver ...

411 Results

Per page

Pages