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1329 Results

Location: Stanislaus x
2024.03.19 Anti-SLAPP Motion to Strike, Motion for Interlocutory Judgment of Partition and Appointment of Referee 665
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2024.03.19
Excerpt: ...hen shifts t o Cross-Complainant to demonstrate the probability that she will prevail on the merits of the subject cause of action as it relates to the protected activity. The Court finds that the application of the litigation privilege prevents Cross- Complainant from relying on the filing of the instant action as the basis for her breach of contract claim; therefore, she is unable to meet her burden on the instant motion. As a result, the Court...
2024.03.14 Motion to Compel Further Answers 711
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2024.03.14
Excerpt: ...ed in the opposition, the motion is DENIED . First, there is no separate statement as required by rule 3.1345(a)(2) of the California Rules of Court. The failure to file a separate statement is in and of itself sufficient grounds to deny the motion. (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409 n.14; cf. Mills v. U.S. Ba nk (2008) 166 Cal.App.4th 871, 893. ) Second, the supporting decla...
2024.03.14 Application for Preliminary Injunction 137
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2024.03.14
Excerpt: ...s. The Court therefore GRANTS the preliminary injunction on t h e f o llo w in g c o n d it io n s : 1. P la in t if f is o n n o t ic e t h a t it s o n ly p r iv ile g e is f o r in g r e s s a n d e g r e s s o n t o it s own lands. The Court clarifies that this means Plaintiff's members may NOT cross Defendants' land in order to access current BLM lands. Plaintiff is charged with ensuring its members understand that whatever hunting and o t h...
2024.03.13 Motion for Prejudgment Possession 294
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2024.03.13
Excerpt: ...eiro and Darlene Marie Ribeiro, located at 3951 Davis Avenue in Modesto, County of Stanislaus, by eminent domain for the construction of its planned State Route 108/ North County Corridor Phase 1 Project for the public benefit and for all uses necessary, incidental, and convenient thereto pursuant to Code of Civil Procedure section 1255.410 . The Court further finds Plaintiff has, based on an appraisal, deposited the sum of $87,700.00 into the St...
2024.03.13 Demurrer to FAC 633
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2024.03.13
Excerpt: ...int are subject to the 2 -ye ar lim it a t io n s p e r io d s e t f o r t h in Co d e Civ . P r o c . § 3 3 5 .1 . As the action was filed outside that period, it is time -barre d. Plaintiff contends that she has adequately pleaded late discovery because she did not know how she had been injured until the BBS reports and findings issued in November 2022 . “In order to rely on the discovery rule for delayed accrual of a cause of action, ‘[a]...
2024.03.12 Motion for Summary Adjudication 404
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.03.12
Excerpt: ...o have a contractual duty to defend M id -Cal Constructors Inc., from and against all claims by Super Store Industries arising out of or in connection with Commercial Specialty Inc.'s work on the property located at 2600 Spengler Way, Turlock Ca lif o r n ia , except “to the extent the claims arise out of, pertain to, or relate to the active negligence or willful misconduct of that general contractor, construction manager, or other subcontracto...
2024.03.12 Motion for Preliminary Approval of Class Action Settlement 740
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2024.03.12
Excerpt: ...satisfaction of the Court, the class is certified for settlement purposes only in accordance with Cal. Rules of Ct., rule 3.769(c). Th e class counsel, class representative, and claims administrator are hereby p r e lim in a r ily a p p r oved and appointed as set forth in the motion. The Court sets the following deadlines relative to this matter: 3-26 - 24 Defendant shall provide Class List and Data Report to Administrator 4-5-24 Administrator s...
2024.03.08 Special Motion to Strike 050
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.03.08
Excerpt: ... litigation privilege of Civil Code §47 and §425.16 . (Brown v. Dep't of Corr ., (2005) 132 Cal. App. 4th 520; Briggs v. Ede n Council for Hope & Opportunity (1991) 19 Cal 4 th 1106 115. The Court further finds that Plaintiffs have not demonstrated the probability that they will prevail on the merits of their alleged causes of action. The Court finds that Plaintiffs have failed to meet their burden particularly as there is no evidence that ...
2024.03.08 Motion to Compel Responses, for Monetary Sanctions 213
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.03.08
Excerpt: ...a).) Therefore, Defendant is entitled to an order compelling Plaintiff to provide answers, without obj ection, to the subject discovery within 30 days. (Co d e Civ. Proc. § 2030.290(b). ) The Court further finds that Defendant is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. § 2030.290(c), 2023.010(d), 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, monetary sanctions in the amount o f $...
2024.03.08 Demurrer 247
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.03.08
Excerpt: ...k that requires a contractor's license pursuant to Bu s . & P ro f. Co d e § 7 0 2 6 . Th e re fo re, Plaintiff, as an unlicensed contractor, is precluded from seeking recovery in law or equity for compensation under the alleged agreement. (Bus & Prof. Code § 7031(a).) Further, as it appears Plaintiff is unable to demonstrate the required licensure, the Court finds that leave to amend would be futile under the circumstances and is, therefore, d...
2024.03.06 Motion to Quash Deposition Subpoena for Business Records, for Monetary Sanctions 078
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2024.03.06
Excerpt: ...d - CONTINUED, to 5/ 3/ 24 at 8:30 am in Department 22; c) Plaintiff's Motion to Quash Deposition Subpoena Seeking Plaintiff's Employment Records from Smithfield Packaged Meats and for Monetary Sanctions again Defendant and/ or it's Attorneys of Record – CONTINUED, to 5/ 3/ 24 at 8:30 am in Department 2 2 a-c) The motions are procedurally defective. A separate statement is required for a motion “”[t]o compel or to quash the production of do...
2024.03.06 Motion to Enforce Declaratory Judgment, for Contempt of Court, Sanctions and Court Costs 045
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.03.06
Excerpt: ...rgument that this Court is divested of jurisdiction for a contempt proceeding. Petitioner's citation to Albrecht v. Superior Court (1982) 132 Cal.App.3d 612 appears reasonable, and Defendant's citations do not appear to be directly on point. It does not appear to the Court that the rules of Code Civ. Proc. § 664.6 – which do require the Court to retain jurisdiction – apply in this matter. The Court notes that any express retention of jurisdi...
2024.03.01 Motion to Compel Responses, Compel Compliance with PMQ Deposition Notice 894
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.03.01
Excerpt: ... The Court understands the circumstances surrounding the filings, but cannot view the failure to timely file the separate statement as the sort of error the Court has the jurisdiction to overlook, as Plaintiff suggests. The separate statement is a necessary part of the motion (Rule of Court 3.1345. ) P la in t if f c it e s Mills v. U.S. Ba n k (2008) 166 Cal.App. 4 th 871, 893 for the proposition that a separate statement does not require that t...
2024.02.28 Motion for Summary Judgment 199
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2024.02.28
Excerpt: ...ll Co. v. Cit y of Ana he im ,(1994) 25 Cal. App. 4th 11, 35,); Da rr v. Lone St a r Indust ries , Inc., (1979) 94 Cal. App. 3d 895, 900) . The Court also finds that the conveyance of the dominant tenement transfers all appurtenant easements to the grantee, even though the easements are not s p e c if ic a lly m e n t io n e d in t h e d e e d . ( Moyla n v. Dyke s , (1986)181 Cal. App. 3d 561, 568) . Furthermore, an appurtenant easement is a par...
2024.02.28 Motion for Summary Judgment 130
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.02.28
Excerpt: ...claration: 9. SUSTAINED as to relevance. Objections to Klapper declaration: 10. SU STAIN ED . 11. O VERRU LED . Defendant's motion fails due to an insufficient separate statement. A moving party on summary judgment bears the initial burden of product ion to make a p r im a fa c ie showing that there are no triable issues of material fact. [Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826]. If the moving party carries this burden, it causes...
2024.02.23 Motion to Change Venue, for Attorney Fees, Demurrer to SAC 358
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2024.02.23
Excerpt: ...t in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. ” Plaintiff cites no authority for his assertion that liability under Labor Code § 558.1 is the equivalent of alter -ego liability and that the venue rules for alter ego therefore apply. Without such authority, the Court declines to extend alter -e go venue rul es to possible liability under Labor Code ...
2024.02.23 Motion to Change Venue, for Attorney Fees, Demurrer 127
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2024.02.23
Excerpt: ...�the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. ” Plaintiff's argument in opposition relies heavily on Labor Code § 558.1. The Court notes that this argument fails on its face because the current iteration of this pleading (the First Amended Complaint) does not allude at all to that statute, let alone contain a cause of action based...
2024.02.23 Motion for Attorney Fees, for Final Approval of Class Action and PAGA Settlement 762
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.02.23
Excerpt: ...d as required by the Court's order granting preliminary approv a l. Having considered the unopposed motions herein and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, is fair, reasonable and adequate, and satisfies the standards for final approval under Califo r n ia la w . (Civ il Co d e §1 7 8 1 ; Co d e Civ . Proc. §382; Cal. Rules of Ct., rule 3.769.) The motion indicates that the n...
2024.02.22 Demurrer to FAC 720
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2024.02.22
Excerpt: ...itting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] The courts “also consider matters which may b e ju d ic ia lly n o t ic e d . ” ( Serra no v. Priest (1971) 5 Cal.3d 584, 591. ) Fir s t Ca u s e o f Ac t io n Defendants contend that the statute at issue does not authorize a reverse validation action. Water Code § 10726.6(a) states, “A groundwater sustainability agency th...
2024.02.22 Application for Right to Attach Order for Issuance of Writ of Attachment 478
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.02.22
Excerpt: ...pute in this case is whether an offset is warranted. The fees listed appear to be due to the City of Patterson under the terms of the agreement. The City is acting as a pass-through for the funds, but appears to exercise control over tho se funds and thus the parties are not the same despite the pass-through arrangement . The Court is also unconvinced that the current amount allegedly owed by Plaintiff is probably valid. Defendant refers to porti...
2024.02.21 Demurrer to FAC 274
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.02.21
Excerpt: ...interim. Plaintiff's actions delayed this case without good cause to do so, and counsel is cautioned that the Court has an affirmative obligation to ensure cases are completed timely and to prevent recurrences in the future. This paragraph is designed to achieve that objective . The Court tends to agree with Plaintiff that the phraseology in the Notice of Motion is not ideal, but it does make clear that there is a challenge to the dangerous condi...
2024.02.16 Demurrer to FAC 032
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.02.16
Excerpt: ...r im a r y is s u e s r a is e d in t h e first de murre r . First Cause of Act ion: Bre ach of Cont ract . At the pleading stage, the Court d e c lin e s t o f in d t h a t in t e g r a t io n o f t h e t e r m s in t h e e m a ils is n e c e s s a r ily v o id . Whether a collateral agreement is intended to be a part of the bargain is based on the totality of t he circumstance s. ( Ma st erson v. Sine (1968) 68 Cal.2d 222). Defendant argues tha...
2024.02.07 Demurrer to SAC, Motion to Strike 336
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2024.02.07
Excerpt: ...ly or dependent adults, regardless of their professional standing, to carry out their custodial obligations. (Cal.Welf. & Inst.Code § 15610.57(b), Carter v. Prime Healthcare Paradise Valley LLC, (2011), 198 Cal. App. 4th 396, as modified (Aug. 24, 2011) “Recklessness” refers to a subjective state of culpability greater than simple negligence, which has been described as a “deliberate disregard” of the “high degree of probability” tha...
2024.02.06 Demurrer, Application for Preliminary Injunction 137
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2024.02.06
Excerpt: ...e of the claim. Defendants can now use discovery to uncover the specific, evidentiary facts that Plaintiff contends supports the ultimate fact. As for the element of hostility, that is a question for the trier of fact. Second Cause of Action Overruled. The fact that Plaintiff alleged in another complaint the existence of another easement to the same parcels of land is not a conclusive admission that such easements ever existed or do in fact exist...
2024.02.01 Motion to Compel Arbitration and Stay Proceedings 634
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2024.02.01
Excerpt: ...Construction LLC dba Solgen Electric. She discussed this with them in November, 2022. She received a loan from WebBank, obtained via an electronic lending platform operated by Solar Mosaic LLC to pay for the solar roofing, on recommendation of Solgen. Plaintiff alleges she signed a contract on December 2, 2022, the same day she was provided the contract, in her First Amended Complaint. In her declaration opposing this motion, she says she was ask...

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