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Location: Stanislaus x
Judge: Beauchesne, Roger M x
2019.9.27 Motion for Preliminary Approval of Class Action Settlement 632
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.9.27
Excerpt: ... requires individual class members to submit a claim form in order to obtain settlement payments, but the moving papers contain no explanation of any purpose served by this requirement other than to potentially reduce the actual amount paid by Defendant in settlement of the subject claims. Moreover, the Court notes that the amount of attorney's fees to be recovered by Class Counsel appear to be calculated based on the stated maximum settlement pa...
2019.9.26 Motion to Quash Subpoena and for Expenses of the Motion 054
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.9.26
Excerpt: ...n unjustified invasion of the right to privacy and the physician-patient privilege in this context. (Code Civ. Proc. §1987.1; 2017.020(a).) The Court declines to award sanctions and notes that the moving parties failed to submit a declaration regarding meet-and-confer efforts. (Code Civ. Proc. §§2017.020(a); 2016.040.) ...
2019.9.18 Motion to Quash Subpoenas, to Modify Deposition Subpoenas, for Production of Business Records, for Sanctions 241
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.9.18
Excerpt: ...on which allegedly exacerbated Plaintiff's pain and suffering due to her inability to take certain medications prescribed for the injuries at issue herein. Therefore, the subject subpoenas shall be modified to seek records pertaining to the above-described conditions/injuries for the time period from 11-8-2008 to the present. (See, e.g. Britt v. Superior Court (San Diego Unified Port Dist.) (1978) 20 Cal.3d 844.) The Court further finds that Plai...
2019.9.13 Motion for Summary Judgment 043
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.9.13
Excerpt: ...e scope of employment is ordinarily a question of fact, unless the undisputed facts do not support such an inference. (Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202, 213.) The fact that Defendant Miller was admittedly off-duty at the time of the subject incident does not conclusively foreclose liability on the part of Defendant City based on the employment relationship. (Inouye v. County of Los Angeles (1994) 30 Cal.App.4 th 278.) The Court...
2019.9.12 Demurrer, Motion to Strike Punitive Damages 927
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.9.12
Excerpt: ...heir authority to speak, to whom they spoke, what was said and when. (See, e.g. Tarmann v. State Farm Mut. Auto Ins. Co. (1991) 2 Cal.App.4 th 153, 157.) Here, the Complaint fails to allege facts with the degree if specificity required in this context. In addition, the Court finds that the Demurrer represents an inappropriate procedure by which to challenge the claim for punitive damages; Defendant's arguments in that regard are evaluated in conn...
2019.9.5 Motion to Bifurcate 881
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.9.5
Excerpt: ...irectly related to the merits of the causes of action alleged in the Third Amended Complaint, such that the provisions of Code Civ. Proc. §597 do not apply in this context. In addition, the Court finds that the overall “gist” of the action is legal in nature; to the extent that the 8 th Cause of Action seeks an equitable remedy, the allegations therein are so intertwined with Plaintiff's legal claims as to make a separate trial impractical i...
2019.8.28 Motion Establishing Admissions, for Evidentiary, Issue, or Terminating Sanctions, for Monetary Sanctions 586
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.8.28
Excerpt: ...s that Defendant's conduct in failing to comply with the Court's order compelling her responses to outstanding discovery and imposing monetary sanctions against her constitutes misuse of the discovery process. (Code Civ. Proc. §2023.010(d), (g).) The Court further finds that the prior sanctions imposed by the Court in this action have not been effective in compelling Defendant to comply with her obligations under the Discovery Act. Therefore, th...
2019.8.15 Demurrer, Motion to Strike 741
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.8.15
Excerpt: ...he moving defendant. (Code Civ. Proc. §430.10(e).) Specifically, the factual allegations appear to sound in professional negligence as opposed to conduct undertaken with the intent to cause Plaintiff severe emotional distress. Additionally, the pleading does not contain specific factual allegations with regard to the distress suffered. Plaintiff is granted leave to submit an amended pleading. b) The Court finds that the allegations of the First ...
2019.8.13 Demurrer, Motion to Strike 194
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.8.13
Excerpt: ...ts' Demurrer to the Second Amended Complaint, based on the pleadings, accompanying exhibits, and the briefs of both parties, the Court finds as follows: As to the Second Cause of Action for Fraud as to Cross-Defendant Nora Herrera, the allegations of the Second Amended Cross-Complaint does not plead facts with sufficient particularity as to the specific conduct by the named cross-defendant. Particularity means pleading facts which “show how, wh...
2019.7.31 Motion to Admit Truth of Unanswered Requests for Admission, to Compel Further Responses, for Sanctions 932
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.7.31
Excerpt: ...tting the Truth of Unanswered Requests for Admission, Compelling Verified Further Responses to Written Discovery, and Request for Sanctions – a) GRANTED, in part; DENIED, in part With regard to Requests for Admissions, Set One, the Court finds that Plaintiffs have entirely failed to respond to the information requested in #1-4, despite acknowledging their “inadvertent” omission and promising to rectify the same in May 2019. Therefore, the C...
2019.7.30 Motion for Judgment on the Pleadings, Demurrer 097
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.7.30
Excerpt: ...plaint on its face states facts sufficient to constitute a cause of action for general negligence in subrogation and that the Defendant's Answer on its face fails to state sufficient facts to constitute either any denial of Plaintiff's allegations or a meritorious affirmative defense. (Code Civ. Proc. § 438(c)(1)(A); Bezirdjian v. O'Reilly (2010) 183 Cal.App.4 th 316, 321 [matters subject to mandatory judicial notice deemed part of pleading and ...
2019.7.26 Motion for Protective Order 338
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.7.26
Excerpt: ...is Plaintiff's employer) and Defendant HSI, who contends it is not. Defendant HSI seeks only to sequence the discovery in this matter to achieve this goal, not to impose a complete, permanent ban on any particular topic of discovery. Defendant HSI has demonstrated good cause for such an order. Notably, precluding production of an HSI “class list” at this time will further the interests of justice in that it will prevent an entirely unwarrante...
2019.7.25 Motion for Protective Order 338
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.7.25
Excerpt: ...is Plaintiff's employer) and Defendant HSI, who contends it is not. Defendant HSI seeks only to sequence the discovery in this matter to achieve this goal, not to impose a complete, permanent ban on any particular topic of discovery. Defendant HSI has demonstrated good cause for such an order. Notably, precluding production of an HSI “class list” at this time will further the interests of justice in that it will prevent an entirely unwarrante...
2019.7.24 Motion to Strike, for Summary Judgment 432
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.7.24
Excerpt: ..., Richards, Wilson & Co. v. Insurance Communicators Marketing Corp. (1993) 12 Cal.App.4 th 1249, 1263.) Had Plaintiff's dismissal of three of the four causes of action she originally alleged, including the cause of action on which the Court found a triable issue of material fact on the earlier MSJ/MSA, occurred before the issuing of a ruling on the earlier MSJ/MSA, the Court likely would have reached the merits of Defendant's arguments instead of...
2019.7.15 Motion to Compel Verified and Further Responses, Request for Sanctions 932
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.7.15
Excerpt: ...regard to Requests for Admissions, Set One, the Court finds that Plaintiffs' responses to #3 and 24 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to Form Interrogatories, Set One, the Court finds that Plaintiffs' responses to #8.7, 8.8, 9.1 and 9.2 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to #12.1-12.6, 13.1 and 13.2, the C...
2019.7.15 Motion for Summary Adjudication 912
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.7.15
Excerpt: ...tice of termination of the agreement. Moreover, even if the Court were to find Plaintiff's evidence sufficient on the above issues, Defendant has submitted controverting evidence and additional facts which demonstrate the existence of disputed material issues, including but not limited to the nature of the consideration for the parties' agreement (see Plaintiff's Fact 14 and Defendant's Additional Facts 20, 21, 25, and 26); the question of whethe...
2019.7.12 Motion to Compel Verified and Further Responses, Request for Sanctions 932
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.7.12
Excerpt: ...regard to Requests for Admissions, Set One, the Court finds that Plaintiffs' responses to #3 and 24 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to Form Interrogatories, Set One, the Court finds that Plaintiffs' responses to #8.7, 8.8, 9.1 and 9.2 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to #12.1-12.6, 13.1 and 13.2, the C...
2019.7.12 Motion for Summary Adjudication 912
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.7.12
Excerpt: ...tice of termination of the agreement. Moreover, even if the Court were to find Plaintiff's evidence sufficient on the above issues, Defendant has submitted controverting evidence and additional facts which demonstrate the existence of disputed material issues, including but not limited to the nature of the consideration for the parties' agreement (see Plaintiff's Fact 14 and Defendant's Additional Facts 20, 21, 25, and 26); the question of whethe...
2019.7.11 Motion to Compel Verified and Further Responses, Request for Sanctions 932
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.7.11
Excerpt: ...regard to Requests for Admissions, Set One, the Court finds that Plaintiffs' responses to #3 and 24 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to Form Interrogatories, Set One, the Court finds that Plaintiffs' responses to #8.7, 8.8, 9.1 and 9.2 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to #12.1-12.6, 13.1 and 13.2, the C...
2019.7.11 Motion for Summary Adjudication 912
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.7.11
Excerpt: ...tice of termination of the agreement. Moreover, even if the Court were to find Plaintiff's evidence sufficient on the above issues, Defendant has submitted controverting evidence and additional facts which demonstrate the existence of disputed material issues, including but not limited to the nature of the consideration for the parties' agreement (see Plaintiff's Fact 14 and Defendant's Additional Facts 20, 21, 25, and 26); the question of whethe...
2019.6.28 Motion for Summary Judgment, to Set Aside Default, Judgment 168
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.6.28
Excerpt: ... including the declaration of Will Harris and the exhibits thereto, the Court finds that no material disputes of fact exist with regard to Plaintiff's entitlement to judgment on the sole cause of action for breach of contract herein. Specifically, the Court finds that there is no evidence of a valid amendment or extension of the fixed lease term as provided in the governing lease agreement. Therefore, Defendant is liable, as the guarantor on the ...
2019.6.27 Motion for Summary Judgment 168
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.6.27
Excerpt: ... including the declaration of Will Harris and the exhibits thereto, the Court finds that no material disputes of fact exist with regard to Plaintiff's entitlement to judgment on the sole cause of action for breach of contract herein. Specifically, the Court finds that there is no evidence of a valid amendment or extension of the fixed lease term as provided in the governing lease agreement. Therefore, Defendant is liable, as the guarantor on the ...
2019.6.18 Motion for Summary Judgment, Adjudication 681
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.6.18
Excerpt: ...have demonstrated material disputes of fact concerning, at a minimum, the issues set forth in Defendant's Separate Statement of Undisputed Material Facts 13-16, 19, 29-30, 36-40 and Plaintiffs' Additional Material Facts 16(a)-(y) and 19(a)-(t). The parties' objections to the expert declarations of Richard Haygood and Dale Dunlap are OVERRULED. ...
2019.6.7 Motion to Compel Deposition, Request for Sanctions 681
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.6.7
Excerpt: ...59(h); se e.g. Maldonado v. Superior Court (2002) 94 Cal.App.4 th 1390, 1398.) As no subpoena was issued, the Court is without the ability to compel his attendance in this instance. Moreover, the court notes that the parties are continuing to meet and confer with regard to Mr. Hampton's deposition and believes it is likely that the issues herein will be resolved through additional good faith efforts on the part of counsel. Lastly, the Court notes...
2019.6.6 Demurrer 309
Location: Stanislaus
Judge: Beauchesne, Roger M
Hearing Date: 2019.6.6
Excerpt: ...ore, future failures to oppose dispositive motions could result in Plaintiff losing the right to amend her pleading to attempt to allege additional facts to support her stated causes of action. ...

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