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1505 Results

Location: Stanislaus x
2024.11.08 Motion to Compel Responses, for Monetary Sanctions 647
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.11.08
Excerpt: ...fendant the Baseball Club Modesto and Request for Monetary Sanctions - GRANTED in part. d) Plaintiff's Motion to Compel Further Responses to Special Interrogatories, Set One, to Defendant to City of Modesto - GRANTED in part. e) Plaintiff's Motion to Compel Answers to Special Interrogatories, Set Two, to Defendant the Baseball Club of Modesto, LLC and Request for Monetary Sanctions; f) Plaintiff's Motion to Compel Production of Documents and Thin...
2024.11.08 Demurrer 546
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2024.11.08
Excerpt: ...o amend. The demurrer as to each cause of action based on uncertainty is OVERRULED. On the ground of failure to state sufficient facts, the demurrer to the first cause of action is SUSTAINED without leave to amend, the demurrer to the second cause of action is OVERRULED, and the demurrer to the third through seventh causes of action is SUSTAINED with leave to amend. Plaintiff is granted 21 days' leave to file a First Amended Complaint. Complaint:...
2024.11.07 Motion to Compel Inspection of Cell Phones, Computer Hard Drives 611
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.11.07
Excerpt: ...inds, given that the Court may exercise its discretion in this regard, and the purpose of this principle is to prevent the introduction of legal theories without notice to the opposing party and the Court, the Court elects not to deem Defendant's failure as consent to the granting of this motion and relies on Defendant's objection files herein in respect of this motion. The Court finds that the Discovery Requests at issue duplicates and even exte...
2024.11.07 Motion to Compel Answers 294
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2024.11.07
Excerpt: ... Defendant Oakdale Irrigation District (OID) to provide responses to County of Stanislaus' Requests for Production of Documents, Set One, that was served on Defendant OID on June 5, 2024. Within 15 days, Defendant OID is ordered to provide Code -compliant responses and produce all responsive documents without objection. Defendant's request for the Court to relieve it from its waiver of objections is denied because (1) the request was not properly...
2024.11.06 Special Motion to Strike, Demurrer 398
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.11.06
Excerpt: ...petition and to free speech in connection with a public issue; notably ensuring that governmental agencies follow the law. Consequently, the burden then shifts to Plaintiff to demonstrate the probability that he will prevail on the merits of the subject causes of action. (Civ. Proc. Code § 425.16; Navellier v. Sletten , (2002) 29 Cal. 4th 82, 88 –89 .; In re Episcopal Church Cases , (2009) 45 Cal. 4th 467; City of Cotati v. Cashman , (2002) 29...
2024.11.05 Motion to Compel Further Responses, for Monetary Sanctions 637
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.11.05
Excerpt: ...avi and the Tenant's law Firm for Misuse of the Discovery Process - GRANTED. c) Defendant's Motion to Compel Further Responses from Plaintiff Frank Ney to Requests for Production of Documents and for Monetary Sanctions Against Plaintiff Frank Ney and His Attorneys, Daniel J. Lavi and the Tenant's law Firm for Misuse of the Discovery Process - GRANTED. a) The Court finds that Plaintiff provided unmeritorious objections to Defendants' properly prop...
2024.11.01 Motion to Compel Further Responses 898
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2024.11.01
Excerpt: ...ere are case -specific reasons to deviate from this list: 1. Purchase and/or lease contract concerning the subject vehicle. 2. Repair orders and invoices concerning the subject vehicle. 3. Communications with dealer, factory representative and/or call center concerning the subject vehicle. 4. Warranty claims submitted to and/or approved by Defendant concerning the subject vehicle. 5. Any Warranty Policy and Procedure Manual published by defendant...
2024.10.31 Motion to Tax Costs 041
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.10.31
Excerpt: ...gotten: The policy of serving multiple potential defendants when it is known that only one governmental agency can be responsible is sanctionable under Code Civ. Proc. section 128.7. Costs are taxed in the amount of $996. 3. The Court is not convinced the mediation hearing was required to try this case. As such, mediation costs of $1,770 are taxed. Mediations generally are not mandatory and under the specific facts of this case, the Court decline...
2024.10.30 Motion for Summary Judgment, Adjudication 046
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.10.30
Excerpt: ...p. 4th 368 ; Hahn v. New York Air Brake LLC , (2022) 77 Cal. App. 5th 895 The Court also finds after a review of the admissible evidence and testimony adduced, notably the opposing expert opinions of Dr Hoddick and Dr Shafa that a triable issue of material fact exists as to the applicable standard of care herein and whether Defendant breached said standard of care resulting in damages to Plaintiff. (Defendants' UMFS 10 and 11, Declarations of Dr....
2024.10.29 Motion for Terminating Sanctions 356
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2024.10.29
Excerpt: ...9.98 to All Ways Caring on June 11, 2024.” (8/15/24 Mem., at p. 3.) The supplemental declaration filed by Plaintiff's counsel on September 24, 2024, indicates that Plaintiff's counsel made multiple attempts at contact with Defendant's in -house counsel (some successful, some not) in an effort to get Defendant to cooperate in the litigation process and comply with the Court's November 22, 2023 ruling. Despite Plaintiff's persistence, Defendant d...
2024.10.24 Demurrer, Motion to Strike 723
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.10.24
Excerpt: ...It is overruled on the Eighth and Ninth Causes of Action. The declaration of Gricela O. Martinez Salazar is STRICKEN. Preliminarily, the Court rejects Plaintiff's argument that the demurrer is procedurally defective. Plaintiff's attack on the demurrer itself on the basis that it does not clearly state which causes of action it attacks is incorrect. Defendant lists the causes of action they are demurring to and the reasons therefore. A demurrer sh...
2024.10.23 Motion for Summary Adjudication 746
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.10.23
Excerpt: ... the affirmative defense of fraud to combat the breach of contract claim. Although UACC contends in its supplemental reply that Plaintiff has failed to meet her burden because she has provided no evidence of Dealer's intent, “[f]raudulent intent must often be established by circumstantial evidence….” ( Locke v. Warner Bros., Inc. (1997) 57 Cal.App.4th 354, 368 [holding trial court erred in concluding that an inference of fraudulent intent c...
2024.10.23 Petition to Compel Arbitration, Dismiss Class Allegations, Stay Judicial Action 044
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.10.23
Excerpt: ...BaronHR, Inc. (2020) 51 Cal.App.5th 962, 967; Gamboa v. NorthEast Community. Clinic , (2021) 72 Cal. App. 5th 158). The Court finds that Defendant's products exited the stream of commerce and came to rest at Defendant's Fresno warehouse. ( A.L.A. Schechter Poultry Corp. v. United States , (1935) 295 U.S. 495; Rittmann v. Amazon.com, Inc., (2020) 971 F.3d 904) Furthermore, Plaintiff's deliveries related to a small and tangential portion of his wor...
2024.10.22 Motion to Compel Further Responses 713
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.10.22
Excerpt: ...ally overbroad. But Plaintiff agreed to strike that language after meeting and conferring. Defendant's reliance on the poorly drafted initial requests may be relevant to any eventual fee motion, but are not relevant to the issues before the Court now. Discovery is expected to be self -executing. Defendant's second contention is that similar issues in the same make, model, and year are not relevant. The Court disagrees. While the case law cited by...
2024.10.22 Motion for Summary Judgment, Adjudication 540
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.10.22
Excerpt: ...ma Ordaz - DENIED, in part, GRANTED, in part; d) Further Hearing Bert Lippert's 's Motion for Summary Judgement or for Summary Adjudication of Issues Against Plaintiff Carmen Pina – DENIED, in part, GRANTED, in part. a) The Court finds after reviewing the evidence and testimony that a genuine triable issue of material fact exists as to Plaintiff's First Amended Complaint. More specifically, the Court finds that a genuine triable issue of materi...
2024.10.22 Demurrer, Motion to Strike Punitive Damages 252
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.10.22
Excerpt: ...ff shall file his First Amended Complaint correcting the caption and the identification of the defendants not later than November 1, 2024. b) “A preliminary inquiry is whether a pleading of malice as a basis for exemplary damages should be judged by the relatively strict standards governing an inquiry into jury instructions or evidentiary support for a jury award. Notwithstanding relaxed pleading criteria, certain tortious injuries demand firm ...
2024.10.22 Demurrer 683
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2024.10.22
Excerpt: ... transaction.” (Compl. ¶ 71.) But the cause of action does not draw a connection between Moving Defendants and the infiltration of Co -Defendant Berkshire Hathaway Homeservices Drysdale Properties' (BHHS') servers. The theories that Plaintiff sets forth in his opposition are not clearly stated in the complaint itself. For the second cause of action (breach of duty), the Court notes that the case law Plaintiff cites both in his complaint and in...
2024.10.16 Motion to Compel Responses, for Monetary Sanctions, to Deem RFAs Admitted 667
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.10.16
Excerpt: ...sed. a) The Court finds that Defendant has failed to provide timely responses to Plaintiff's properly propounded Requests for Production, Set One. Accordingly, all objections thereto including those based on privilege or work product protection are waived. (Code of Civil Procedure, section 2031.300(a)). Defendant is hereby ordered to provide objection free verified responses to said Requests for Production, Set One, within fourteen (14) days of t...
2024.10.16 Motion for Judgment on the Pleadings 813
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2024.10.16
Excerpt: ...3.1113 with regard to page length and inclusion of tables of contents and authorities. Plaintiffs are cautioned to comply with the rules in al l future submissions. Based upon review of the moving and supporting papers, the Court finds that Plaintiffs have failed to allege sufficient facts to state a legally recognized claim against these Defendants, and the allegations against them are uncertain to the point of unint elligibility with regard to ...
2024.10.15 Motion for Relief from Failure to File Memorandum of Costs, to Strike or Tax Costs, for Attorney Fees 743
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2024.10.15
Excerpt: ...ndant's Notice of Intention to Set Aside and Vacate Judgment and Enter another and Different Judgment – DENIED; e) Defendant's Notice of Intention to Move for a New Trial – DENIED. (a)The Court finds that Plaintiff has demonstrated entitlement to relief pursuant to Code Civ. Proc. § 473(b) under the circumstances. (b) The motion to strike the cost bill in its entirety is DENIED, as the Court has determined to grant Plaintiff's motion for rel...
2024.10.15 Motion for Judgment on the Pleadings, to Continue Trial Date 228
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.10.15
Excerpt: ...ufficient to constit ute a cause of action against that defendant.” (Code Civ. Proc. § 438(c)(1)(B).) “The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial not ice. Where the motion is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, the matter shall be specifi...
2024.10.15 Application for Writ of Mandate 946
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.10.15
Excerpt: ...e Court previously found, the Mutual Arbitration Agreement demonstrates procedural unconscionability as a contract of adhesion. (Ramos v. Superior Ct., (2018), 28 Cal. App. 5th 1042, as modified (Nov. 28, 2018); Stirlen v. Supercuts, Inc. (1997) 51 Cal.App.4th 1519). The Court also finds that the provision regarding the use of substantially similar discovery depositions and response favors Defendant herein but is not “so one sided as to shock t...
2024.10.10 Motion to Set Earlier Trial Date, for Sanctions 993
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.10.10
Excerpt: ...s not demonstrate good cause such that the court can make the findings required by Secti on 36(a). Additionally, plaintiff has been over seventy (70) for much of the time this case has been pending and has not previously requested preference, including at the time the current trial date was set in May 2024. Lastly, even if the court were to set a preferential trial date, that date would likely be in February 2025 and the current trial date is onl...
2024.10.09 Petition to Compel Arbitration and Dismiss, Stay Court Proceedings 202
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.10.09
Excerpt: .... (Malone v. Superior Ct., (2014) 226 Cal. App. 4th 1551; Jack v Ring LLC , 91 Cal. App. 5 th 1186). Furthermore, said arbitration agreement provides that the arbitrator's authority does not extend to “disputes concerning the validity or enforceability of this agreement”. Therefore, the Court has jurisdiction herein. The Court also finds that an arbitration agreement exists between the parties covering the instant dispute. (Code of Civil Proc...
2024.10.09 Motion for Summary Judgment, Adjudication 156
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2024.10.09
Excerpt: ...ble issue of material fact . . . .” ( Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one sufficient to support the position of the party in question.” ( Id. at p. 851.) A defendant meets their burden of showing that a cause of action has no merit if the party shows that “one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete ...

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