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1336 Results

Location: Stanislaus x
2021.12.01 Motion to Compel Answers to Demand for Inspection and Production of Docs 853
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2021.12.01
Excerpt: ...rder compelling Defendant to provide verified responses, without objection, within 15 days. (Code Civ. Proc. §§2031.300(b).) The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. §§2031.300©, 2023.010(d), 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, monetary sanctions in the amount of $310 are awarded against Defendant and his counsel, payable to P...
2021.12.01 Motion for Sanctions 544
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.12.01
Excerpt: ...nt of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Hellmi McIntyre, at 805‐477‐ 5894, stating that you submit on the tentative. A copy...
2021.11.30 Motion to Dismiss, Demurrer 129
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.30
Excerpt: ...court by Code of Civil Procedure section 583.420 in favor of granting the motion at this time. “ ‘Although a defendant is entitled to the weight of the policy underlying the dismissal statute, which seeks to prevent unreasonable delays in litigation, the policy is less powerful than that which seeks to dispose of litigation on the merits rather than on procedural grounds.' ” (Wilson v. Sunshine Meat & Liquor Co. (1983) 34 Cal.3d 554, 562–...
2021.11.30 Motion for Sanctions, for Terminating Sanctions, to Amend Complaint 327
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.30
Excerpt: ...ng Code Civ. Proc. section 1005. Further, moving parties failed to comply with the safe harbor provisions and failed to timely file and serve the Motion. CCP 128.7(c)(1) describes the 21‐day safe harbor as precluding the filing of the motion until at least 21 days has passed since service of the motion. Therefore, the October 8, 2021 correspondence threatening a motion does not constitute service of the motion and did not trigger the 21‐day s...
2021.11.30 Motion for Issue Sanctions, to Compel Further Responses 557
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.30
Excerpt: ...s have sent emails back and forth, the efforts lack the sort of efforts at a good faith resolution called for by Townsend v. Sup. Ct. (1998) 61 Cal.App.4th 1431, 1439. “[T]he law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate.” (Id.) Reaching the merits of the issues: Interrogatories 9‐11: These interrogatories seek the identity of employees that sought and/or received reimbursement for t...
2021.11.23 Motion to Amend Complaint 327
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.23
Excerpt: ...ar to be in that exhibit. The Court notes that it is bound by Judge Sandhu's prior rulings. (Kerns v. CSE Ins. Group (2003) 106 Cal.App.4 th 368). On February 23, 2021, the Court granted the anti‐SLAPP Motion as to the conspiracy claim and, because a First Amended Cross‐Complaint had already been filed, denied the general Motion to Strike as moot. Because the facts proposed in a Second Amended Cross‐Compalint, while more detailed, essential...
2021.11.23 Motion for Summary Judgment, Adjudication 949
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2021.11.23
Excerpt: ...rting evidence on the issues of negligence and causation. Specifically, the Declaration of Judy Schmidt, M.D. raises disputed factual issues with regard to whether the Defendant's alleged failures in rendering treatment to Plaintiff's decedent fell below the standard of care and proximately resulted in the patient's death. (See Plaintiff's evidence in response to UMFs 10‐13 (Issue 1) and UMFs 2, 13‐17 (Issue 2). ...
2021.11.19 Petition to Compel Arbitration and Stay Action 681
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.19
Excerpt: ...rbitration clause complies with the requirements of Health and Safety Code section 1363.1. The arbitration clause binds the enrollees and their heirs to the arbitration clause as long as the arbitration clause was disseminated to enrollees and prospective enrollees. (Medeiros v. Sup. Ct. (2007) 146 Cal.App.4th 1008, 1017; Kuntz v. Kaiser Found. Hosp. (2021) 62 Cal.App.5th 1135, 277 Cal.Rptr.3d 271, 281‐282; Ruiz v. Podolosky (2010) 50 Cal.4th 8...
2021.11.18 Motion to Disqualify Counsel 071
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.18
Excerpt: ... to declare Plaintiff Harpreet Dhaliwal a vexatious litigant. Code of Civil Procedure section 391.6 states (in pertinent part): “Except as provided in subdivision (b) of Section 391.3, when a motion pursuant to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10 days after the motion shall have been denied, or if granted, until 10 days after the required security has been furnished, ...
2021.11.17 Motion for Partial Judgment on the Pleadings 750
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.17
Excerpt: ... that the causes of action for defamation and fraud must each be pled with specificity, and that the cross‐complaint fails to meet that standard. (See, e.g. Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 [“In California, fraud must be pled specifically; general and conclusory allegations do not suffice.”]; Kahn v. Bower (1991) 232 Cal.App.3d 1599, 1612 [discussing pleading rules for defamation claims].) It also appears that each cause o...
2021.11.17 Demurrer, Motion to Strike 107
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.17
Excerpt: ... and reminds plaintiff that elder abuse must be pled with specificity. At present, this court is having difficulty seeing how the decedent's final fall was the result of “abuse” or “neglect” within the meaning of the Elder and Dependent Adult Civil Protection Act because the complaint admits that by that time the facility had provided a shower chair and staff was present. The cause of action for wrongful death is also uncertain, because i...
2021.11.17 Demurrer, Motion to Strike 005
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2021.11.17
Excerpt: ...se of action, as alleged by Plaintiff in his capacity as the decedent's successor‐in‐interest. To the extent that the pleading appears to allege the subject (First) cause of action by Plaintiff in his individual capacity, the law does not support such a claim in this context. Moreover, Plaintiff appears to concede this point in the opposition brief. Therefore, the demurrer is sustained without leave to amend on that limited issue. (b) The Cou...
2021.11.16 Motion to Compel Deposition of PMK, for Monetary Sanctions 704
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.16
Excerpt: ...same as previously deposed because a PMK is not a deposition of the same person, but rather, a deposition of the non‐natural person. (Cal. Civ. Pro. 2025.230.) Regardless of how long the depositions of the individuals took, there is no time limit on a PMK deposition. (Cal. Civ. Pro. 2025.290(b)(5).) Additionally, even though the same documents were requested and produced during written discovery, they are authorized to be re‐requested under t...
2021.11.16 Motion for Summary Judgment, Adjudication 453
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.16
Excerpt: ...s that plaintiff's injuries were caused by bedbugs, but that fact is not in dispute. Mr. Brown's declaration opines that defendant must have been negligent but states no basis for that opinion. It therefore cannot meet plaintiff's burden in opposition on summary judgment. “An expert's speculations do not rise to the status of contradictory evidence, and a court is not bound by expert opinion that is speculative or conjectural. [Citations.] Plai...
2021.11.12 Motion for Summary Judgment, Adjudication 389
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.12
Excerpt: ...similar pain for at least two years but he presented on May 27, 2018 because the pain was different and severe. (UMF #3.) Dr. Kanu performed a physical exam and ordered an ultrasound. (UMF ## 4‐6.) There was decreased but not absent vascularity and the radiologist noted it was “concerning for testicular torsion.” (UMF ##8‐9.) Dr. Kanu's report notes he considered epididymitis but his overall clinical impression was a right testicular tors...
2021.11.10 Motion to Compel Further Responses, for Monetary Sanctions 306
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.10
Excerpt: ... Plaintiff wishes to continue this hearing, the Court will grant such a request. Unlike most discovery disputes, the Court cannot ignore evidence supporting privileges related to the attorney‐client relationship. The Court has received five separate exhibits under seal. The Court finds that Exhibit E is privileged as it appears responsive to attorney input. The July 24, 2018 text message chain between Cortnie Carmack, Mercedes Carter, and JB Ma...
2021.11.10 Demurrer, Motion to Strike 717
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.10
Excerpt: ...r on May 15, 2020. (FAC at ¶¶ 6, 42.) Within one month of the purchase, it started to have “major powertrain defects” which led to a transmission replacement. (FAC at ¶¶ 8, 43.) The vehicle continued to have problems and by February 2021, it had been out of service for more than 30 days. While the First Amended Complaint also refers to a separate service and repair agreement, it alleges that these defects, replacement, and failure to repa...
2021.11.09 Motion for Summary Judgment, Adjudication 932
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.09
Excerpt: ...Perez, in Her First Amended Complaint – GRANTED. a) Defendant's moving papers – including his separate statement of undisputed material facts, his declaration, the declarations of Kaitlin E. Showerman and Armando Flores, and the exhibits attached thereto – demonstrate that Defendant is entitled to summary judgment. Where a party has made a prima facie showing that he is entitled to summary judgment, it "causes a shift, and the opposing part...
2021.11.09 Motion for Summary Judgment 441
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.09
Excerpt: ...pon which is sought summary adjudication.) UMF No. 14, states, essentially that the 2006 Prothers Agreement carved out a portion of the [property at issue herein] to be treated differently, stating (and the Court is paraphrasing here in an attempt to be clear): Prothers shall retain grazing rights … [on the property in question]. This description of the “carve out” is not necessarily accurate, as noted by the Defendants in their opposition ...
2021.11.09 Demurrer, Motion to Strike 252
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.09
Excerpt: ...ng benefits from the decedent. After the decedent suffered a stroke and was hospitalized, Defendant allegedly took property as husband and wife with a right of survivorship. (First Amended Complaint at Paragraphs 40 and 44.) Defendant allegedly caused real property in an irrevocable trust to be sold and then allegedly appropriated the funds. (First Amended Complaint at Paragraph 49.) The First Amended Complaint also alleges that Defendant benefit...
2021.11.05 Motion for First Amended Consolidated Verified Petition for Writ of Administrative Mandamus, for Attorney Fees 017
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.05
Excerpt: ...tition for Writ of Mandate and directing Respondent to notify the Department of Justice that the reports of child abuse filed with it involving Petitioners have been determined to be “unfounded” and request Petitioners' immediate removal from California's Child Abuse Central Index (CACI) database. In addition, the Court would issue a writ directing Respondent to update the Child Welfare System/Case Management System (CWS/CMS, CWS‐CARES) to ...
2021.11.04 Motion to Deem RFAs Admitted, to Compel Further Responses, to Amend Complaint 851
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.04
Excerpt: ...ynne's Motion to Deem Requests for Admission Admitted and Request for Monetary Sanctions is GRANTED and unopposed. The Requests for Admission, Set One, served on Plaintiff Ernest Latta on or about March 25, 2021, are hereby DEEMED ADMITTED. Defendant Sharon Wynne is awarded mandatory sanctions pursuant to Code of Civil Procedure section 2033.280(c) in the amount of $335. Plaintiff Ernest Latta is directed to pay the monetary sanctions directly to...
2021.11.04 Motion for Summary Judgment, Adjudication 932
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.04
Excerpt: ... First Amended Complaint; c) Defendant Sofia‐Esther Marquez's Motion for Summary Judgment or, in the alternative, Summary Adjudication as to Each Cause of Action and/or Related Issue Asserted by Plaintiff, Arnulfo Garibay, in his First Amended Complaint; d) Defendant Cuauhtemoc Torres Marquez's Motion for Summary Judgment or, in the alternative, Summary Adjudication as to Each Cause of Action and/or Related Issue Asserted by Plaintiff, Maricela...
2021.11.03 Demurrer and Special Demurrer 353
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.03
Excerpt: ... (UVTA) and demurrer 8 – to the second UVTA “count” ‐ are OVERRULED. The first and second counts state facts sufficient to constitute a cause of action under the UVTA. Demurrers 4, 9, 14 and 19 – alleging the complaint is “uncertain” because Plaintiff erred in naming “Robert Carlson” instead of “Robert Crabtree” a handful of times – are OVERRULED. The error does not render the complaint uncertain in the manner required by ...
2021.10.28 Motion for Summary Judgment 815
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2021.10.28
Excerpt: ...intiff has failed to meet his burden in this regard and that no material factual dispute exists with regard to the issue in contention, i.e. the potential for liability on the part of Defendants for the accident at issue in this case. After review of the moving and opposing papers and evidence, including the deposition testimony of Ms. Lupekha and the declaration of Ms. Joiner, the Court concludes that the undisputed evidence reveals that Defenda...

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