1338 Results
2023.06.15 Motion to Compel Amended Responses 272
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.06.15
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.06.15
Excerpt: ...uest for Sanctions in the amount of $2,280.00 a) GRANTED IN PART. Defendant Winco Holdings, Inc. is ordered to serve a verified further response by no later than June 30, 2023, limited to FEHA-based actions filed in the last ten years involving disability discrimination, failure to accommodate, failure to engage in the interactive process, failure to prevent discrimination, retaliation and wrongful termination in violation of public policy. Discl...
2023.06.15 Demurrer to SAC, Motion to Strike 158
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.06.15
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.06.15
Excerpt: ...ong period of tme and there is some inference that they were coordinated. Additionally, the alleged statements by both named Ruijssenaars indicate some knowledge regarding the ongoing issues and the persons responsible. The Court rejects the argument that Ms. Ruijssenaars was the parent of Does 1-50, as this is not pled. As to the Eighth Cause of Action, the Court independently raises its own concerns that injunctive relief is not a cause of acti...
2023.06.13 Motion to Compel Compliance, for Further Responses, for Sanctions 711
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.13
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.13
Excerpt: ... Production, Set One; Request for Sanctions; d) Plaintiff's Motion to Compel Further Responses to Form Interrogatories, Set One; Request for Sanctons a) GRANTED, conditionally and with limitations. The Court has reviewed and appreciates the respective supplemental declarations filed by counsel with regard to meet and confer efforts. The sole remaining dispute with respect to Defendant's motion to compel further production to Defendant's Demand fo...
2023.06.13 Motion for Summary Judgment, Adjudication 549
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.06.13
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.06.13
Excerpt: ...t the video footage is inconsistent with Cross-Defendant's declaraŸon tesŸmony on these issues and does not support her prima facie enŸtlement to judgment. Assuming arguendo that Cross-Defendant fulÞlled her iniŸal burden herein, the burden would then shiL to Cross-Complainant to introduce admissible evidence demonstraŸng the existence of a triable issue of material fact. (Code Civ. Proc. § 437c(p)(2).) The Court Þnds that Cross-Com...
2023.06.13 Demurrer 923
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.06.13
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.06.13
Excerpt: ...udge Begen on March 24, 1999, as Exhibit A to the Complaint. Plaintiff's conclusion that this judgment vacated his 1996 conviction is not accurate. Complaint, paragraph 10. The judgment terminated Plaintiff's probation and converted the original restitution order of $46,993.00 toa civil judgment. Complaint, Exhibit A. Plaintiff alleges that defendants' actions in garnishing his bank account caused him emotional distress. Complaint, paragraphs 10,...
2023.06.09 Petition to Compel Arbitration and Stay Action 009
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.06.09
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.06.09
Excerpt: ...ns of the secton entitled Mediation and Arbitration of Disputes in the Amended Buy-Sell Agreement for Blue Tech Water, Inc., entered into on August 26, 2019. The court action is stayed pending completion of the arbitration. Respondent Anthony Delgado's Motion to Compel Further Responses to Requests for Production of Documents, Set One, which is set for June 15, 2023, and the Case Management Conference set for July 24, 2023, are taken OFF-CALENDAR...
2023.06.09 Motion for Summary Judgment 020
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.09
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.09
Excerpt: ...and/or evidence to support this was only tendered in Defendant's Reply and references a declaration that was apparently never filed or served. (Reply, p. 8, In. 5-10 ["Declaration of Megan Tommasello"].) The Court believes that the present split of authority recognized by the California Supreme Court in granting review of Rodriguez v. FCA US LLC (2022) 77 cal.App.5th 209, review granted, cal.5th 295 Cal.Rptr. 351, may well depend on whether effec...
2023.06.09 Motion for Leave to Amend Renewal of Judgment 853
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.09
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.09
Excerpt: ...apposite. Likewise for the constructive filing upon receipt rule because what Plaintiff submitted could not have been filed as tendered and therefore required an entirely new filing, not simply compliance with a technical formatting issue. The same holds for Plaintiff's reliance on Code of Civil Procedure section 473, subdivision (d), since there was no "clerical mistake" in the entry of judgment, or renewal thereof, in the first place. Here, Pla...
2023.06.07 Motion to Strike or Tax Costs 940
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.06.07
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.06.07
Excerpt: ...efendant correctly points out some errors in the Court's earlier calculations. The Court does not believe it has authority to correct the judgment at this stage, as Defendant correctly observes. (a) The Court finds that Plaintiff's cost memorandum was timely submitted. (Cal. Rules of Ct., rule 3.1700(a)(1).) Specifically, the clerk's service of a copy of the file-stamped judgment did not specify that it was performed by order of the court or purs...
2023.06.07 Motion for Preliminary Approval of Class Settlement 189
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.07
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.07
Excerpt: ...at the final fairness hearing and final approval by this Court. The class counsel, class representative and claims administrator are hereby preliminarily approved and appointed as set forth in the moton. The Court sets the following deadlines relative to this matter: -23-23 efendant shall provide Class Information to Administrator -5-23 ministrator shall mail Class Notice to Class Members. -19-23 lass Deadline for Submission of Opt-out Notices or...
2023.06.06 Motion for Leave to Obtain Another Physical Exam 315
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.06
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.06
Excerpt: ...ion. The examination will be performed by Dr. Alex Huanphong Phan, MD. of Alpine Orthopedics in Stockton California, whose specialty is interventional pain management and by such assistants and colleagues as Dr. Phan may call upon to assist or to advise him in the examination. The examinaton will take place at 2488 N. California St„ Stockton, on June 27, 2023, beginning at 5pm and continuing for as long as is reasonably required but in no event...
2023.06.01 Motion for Summary Adjudication, to Enforce Settlement 451
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.06.01
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.06.01
Excerpt: ... 6, 2023. No additional filings by either plaintiff or by defendants concerning this Mohon are allowed. b) GRANTED. Attorney's fees of $2,800.00 are awarded in fawr of Narinderpal Sandhu and Rajwant Sandhu and against Van Rorabaugh as the Successor Trustee of The Ruth M. Maples Revocable Trust dated March 4,1992. Van Rorabaugh, as the Successor Trustee of The Ruth M. Maples Revocable Trust dated March 4, 1992, is ordered to execute and deliver to...
2023.05.26 Demurrer to TAC 737
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.26
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.26
Excerpt: ... by the law without regard to the intention of the parties, which is designed to restore the aggrieved party to his or her former position by return of the thing or its equivalent in money. Unilab Corp. v. Angeles-IPA (2016) 244 Cal. App. 4th 622, 639. In addition, the theory of quasi-contractual recovery is that one party has accepted and retained a benefit with full appreciation of the facts, under circumstances making it inequitable for him to...
2023.05.25 Demurrer 737
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.25
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.25
Excerpt: ...created by the law without regard to the intention of the parties, which is designed to restore the aggrieved party to his or her former position by return of the thing or its equivalent in money. Unilab Corp. v. Angeles-IPA (2016) 244 Cal. App.4*' 622, 639. In addition, the theory of quasi-contractual recovery is that one party has accepted and retained a benefit with full appreciation of the facts, under circumstances making it inequitable for ...
2023.05.17 Motion to Strike or Tax Costs 349
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.05.17
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.05.17
Excerpt: ... submitted in connecton with Defendants' Memorandum of Costs, the Court finds that Plaintiff has met her burden of demonstrating that certain of the costs claimed are unrecoverable under Code Civ. Proc. S 1033.5 or are excessive and/or unreasonable, such that the burden shifts to Defendants to show that the items charged were for matters necessarily relevant and material to the issues inwlved in the action. (Nelson v. Anderson (1999) 72 cal.App.4...
2023.05.17 Motion to Compel Further Responses, for Monetary Sanctions, to Compel Deposition 272
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.17
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.17
Excerpt: ...denied as to these requests except as to the records from Kaiser Permanente Dale Road Medical Offices that concern plaintiff's mental health conditions, as admitted by plaintiff in response to Special Interrogatory No. 5. Request for Production No. 44— GRANTED. Plaintiff Wendy Speakman is ordered to serve verified amended responses to Request for Production of Documents No.'s 12 and 43, without objections, but only as to the medical records ide...
2023.05.12 Motion for Summary Judgment 996
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.05.12
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2023.05.12
Excerpt: ...judgment based on the submitted evidence demonstrating its lack of actual or constructive notice. The burden then shifts to Plaintiff to produce admissible evidence demonstrating the existence of a triable issue of material fact. (Code Civ. Proc. S 437c(p)(2).) The Court finds that Plaintiff has met his burden in this regard, at a minimum, with regard to the issue of constructive notice. (Gov't. Code S 835(b).) Plaintiff's evidence supports an in...
2023.05.11 Motion to Compel Arbitration of Individual PAGA Claim, Dismiss or Stay Non-Individual PAGA Claim 981
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.11
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.11
Excerpt: ...uling by the California Supreme Court in Adolph v. Uber Technologies, Inc., whichever occurs first. In the Sacramento County cases which are the subject of defendant's Request for Judicial Notice the court granted the motions to compel arbitration as to plaintiff's individual claims and stayed the acton as to the representative claims. In the Merced County and Fresno County cases (Exhibits K and L) the court compelled arbitration and dismissed th...
2023.05.11 Application for Good Faith Settlement 870
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.05.11
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.05.11
Excerpt: ...ate determinant of good faith is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be." (City of Grand Terrace v. superior court (1987) 192 cal.App.3d 1251, 1262.) The Court finds that Settling Defendant's application does not meet the requirements listed in Tech-Bilt Inc. v Woodward-Clyde Associates and does not proVde the Court with enough informati...
2023.05.10 Motions for Attorney Fees 022
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.05.10
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.05.10
Excerpt: ...fs, to be paid by Cashman Creek Ranch LLC and Longstreth to plaintiffs' counsel Keric Cushing if Defendants accept this ruling. Otherwise, Defendants will be given additional time to respond to Plaintiff's late-filed detailed records. Plaintiffs' Request for Judicial Notice is GRANTED. Civil Code S 1717(a) provides in pertinent part that in any action on a contract, where the contract specifically provides that attorney's fees and costs, which ar...
2023.05.09 Motion to Expunge Lis Pendens 826
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.09
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.09
Excerpt: ... The Court continued the hearing to May 9, 2023, and ordered petitioner Lisa Judd to file a Sur-Repl',' by no later than April 21, 2023. The Court allowed this because the respondents had made a new substantive argument in their Reply concerning the lack of proof by the petitioner as to the "probable validity" of her real property claim. Lisa Judd timely filed and served a Sur-Reply on April 21, 2023. Although not specifically allowed by the Cour...
2023.05.09 Motion to Compel Depositions, for Sanctions 237
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.05.09
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.05.09
Excerpt: ...023. (California code of Civil Procedure "2025.280(a), 2025.410 and 2025.420). The Court also finds that Plaintiff made reasonable and good faith efforts to meet and confer with Defendant through Plaintiff's multiple inviting Defendant to meet and confer with Plaintiff, as well as the multiple extensions given to Defendant to respond to said meet and confer invitatons. The Court further finds that Plaintiffs request for testimony and d G„cument...
2023.05.05 Motion for Summary Adjudication 624
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.05
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.05
Excerpt: ...iff's counsel to request a hearing. The Court continued the hearing to May 5, 2023, and ordered counsel for both parties to file declarations by April 28, 2023, regarding who from their office made contact with opposing counsel giving notice of their respective requests for a hearing, and also to specifically state in the declarations what part of the tentative ruling they oppose. 80th counsel timely filed declarations. It is apparent to the Cour...
2023.05.05 Motion for Leave to Withdraw or Amend Admissions 741
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.05.05
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2023.05.05
Excerpt: ...s, Defendant was in possession of the full report. At the last hearing the Court attempted to discern why the initial report sent from Plaintiff's law firm was incomplete in a manner which led Defendants to err in their appraisal of the situation. Defendants also explained to the Court's satisfaction why the Defendant's representatives signed off on the prior admissions. Code Civ. Proc. S 2033.300 prov-des a safe harbor when the admission was the...
2023.05.03 Petition to Confirm Arbitration Award, Request for Interim Judgment as to Arbitrated Portion of Matter 308
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.03
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2023.05.03
Excerpt: ...Collins; John E. Gish; and the Estate of Conrad G. Sanchez individually and collectively, as follows: $231,124.39 in reliance damages, $154,542.15 in costs, and $104,436.73 in interest through February 20, 2023, for a total judgment amount of $490,103.27, plus interest of 8% per year from February 20, 2023 through May 3, 2023. Code Civ. Proc. section 1285 provides as follows: Any party to an arbitration in which an award has been made may petitio...