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810 Results

Location: Solano x
2024.03.29 Motion for New Trial 425
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2024.03.29
Excerpt: ... a minor at a VCUSD school in 1968. New Trial Motion After Demurrer. A new trial motion lies where a judgment of dismissal has been entered following sustention of a demurrer without leave to amend, as is the case here. (Evarts v. Jones (1959) 170 Cal.App.2d 197, 206.) Gro unds for new trial in this situation include decisions unsupported by the law or errors in law. (Code Civ. Proc., § 657, subds. (6)- (7).) Legal Standard on Demurrer. “The f...
2024.03.28 Demurrer 924
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2024.03.28
Excerpt: ...e complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint must allege facts sufficient to establish every element of each cause of action. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43.) 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 ...
2024.03.27 Motion for Leave to File Amended Complaint 712
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2024.03.27
Excerpt: ...aration, but it made no effort to provide information about when the class action claims were discovered, or explain why they were not brought sooner. In addition, leave to amend can be denied when it appears the new allegations would not survive a later motion challen ge, such as by demurrer. Congleton v. National Union Fire Ins. Co. (1987) 189 Cal.App.3d 51, 62, quoting 5 Witkin, California Procedure (3d ed. 1985) Pleading, §1121, pp. 537- 538...
2024.03.27 Motion for Approval of PAGA Settlement 244
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2024.03.27
Excerpt: ...ve any settlement of any civil action filed pursuant to [the PAGA]” and that any proposed settlement must be submitted to the Labor and Workforce Development Agency simultaneously with the court. The trial court's task in reviewing a PAGA settlement is to ensure that the settlement is fair, adequate, and reasonable, as well as meaningful and consistent with the PAGA's goal of public benefit through increased enforcement of labor law. (Moniz v...
2024.03.26 Demurrer 892
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2024.03.26
Excerpt: ...RS, INC.; WISE NORTH BAY, INC.; WISE RIDERS, INC.; WISE SAN MATEO, INC.; WISE MARIN, INC.; and K.E.W. CORP. (“Demurring Defendants”) attacked all causes of action alleged against some or all of them, save one, the 9th cause of action for violation of UCL. The basis for demurrer to each of the other causes of action alleged against them was failure to state a cause of action. Class action claims asserted can only be brought against the defenda...
2024.03.22 Motion to Strike 678
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.03.22
Excerpt: ...uence by groups such 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 PAUL WESSEL (“WESSEL”) was traveling at a rate of speed not only above the speed limi...
2024.03.22 Demurrer 727
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.03.22
Excerpt: ...the presence of V CUSD employee JANE DOE. 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 precision and with particularity suff...
2024.03.21 Motion for Summary Judgment 620
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.03.21
Excerpt: ...n alleged against it cannot be established. (Code Civ. Proc. § 437c(p)(2); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) The essential elements of a cause of action for dangerous condition of public property are: 1) the property owned or controlled by the p ublic entity was in a dangerous condition at the time of the injury, 2) the injury was proximately caused by the condition, 3) the type of injury sustained was a reasonably fore...
2024.03.20 Motion for Summary Judgment 620
Location: Solano
Judge: Kam, Tim P
Hearing Date: 2024.03.20
Excerpt: ...n alleged against it cannot be established. (Code Civ. Proc. § 437c(p)(2); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) The essential elements of a cause of action for dangerous condition of public property are: 1) the property owned or controlled by the p ublic entity was in a dangerous condition at the time of the injury, 2) the injury was proximately caused by the condition, 3) the type of injury sustained was a reasonably fore...
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 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...
2024.03.14 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 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...
2024.03.12 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...

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