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Judge: Freeland, John F x
2018.7.23 Motion for Summary Judgment 458
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.23
Excerpt: ...minimum, the issues set forth in Defendant's Separate Statement of Undisputed Material Facts 30, 31, 34, 36, and Plaintiff's additional Disputed Material Facts 53, 63, 65, 66, 77, 78, and 79. With regard to the issue of the application of the statute of limitations, the Court finds that Plaintiff has demonstrated the existence of disputed factual issues that are material to the determination of when the attorney-client relationship ended. (See e....
2018.7.23 Motion for Approval of Class Action Settlement 364
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.23
Excerpt: ..., is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause appearing to the satisfaction of the Court, the proposed settlement and the associated fees and costs are approved as set forth in the motion and supporting papers. In addition, the Court orders that Notice of the Court's Order Granting Final Approval and Jud...
2018.7.23 Motion for Judgment on the Pleadings 896
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.23
Excerpt: ......
2018.7.20 Petition Re Surplus Funds 200
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.20
Excerpt: ...son entitled to make a claim as to the property – but does not discuss the disposition of Ms. Rios's estate and the possibility of other heirs, etc. This uncertainty was the exact reason the trustee determined a need to deposit these surplus funds with the Court in the first place. For the Court to issue an Order granting Mr. Rios's claim, he must first prove that he is who he says he is – counsel's inarticulate verification of that fact is i...
2018.7.20 Motion to Set Aside Default 484
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.20
Excerpt: ...rtence, surprise, or excusable neglect,” within the meaning of Code Civ. Proc. §473(b). ...
2018.7.20 Motion to Compel Further Responses 974
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.20
Excerpt: ...intiff on 7-13-18, fails to reflect the Defendant's Second Supplemental Responses, served on July 11, 2018, as to the following: Form Interrogatory 15.1, as concerns Defendant's responses to the allegations of the Complaint at paragraphs 7 and 13, and; Form Interrogatory 17.1, as concerns Defendant's responses to Request for Admissions 3 and 4. The Court recognizes that the timing of Defendant's service of her Second Supplemental Responses likely...
2018.7.20 Motion for Summary Judgment 458
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.20
Excerpt: ...minimum, the issues set forth in Defendant's Separate Statement of Undisputed Material Facts 30, 31, 34, 36, and Plaintiff's additional Disputed Material Facts 53, 63, 65, 66, 77, 78, and 79. With regard to the issue of the application of the statute of limitations, the Court finds that Plaintiff has demonstrated the existence of disputed factual issues that are material to the determination of when the attorney-client relationship ended. (See e....
2018.7.20 Motion for Judgment on the Pleadings 896
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.20
Excerpt: ......
2018.7.20 Motion for Final Approval of Class Action Settlement 364
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.20
Excerpt: ..., is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause appearing to the satisfaction of the Court, the proposed settlement and the associated fees and costs are approved as set forth in the motion and supporting papers. In addition, the Court orders that Notice of the Court's Order Granting Final Approval and Jud...
2018.7.18 Application for Writ of Possession 345
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.18
Excerpt: ...he undertaking requirement is waived as to Plaintiff and to require Defendant(s) to file an undertaking in the amount of $31,516.53 as a redelivery bond. (Code Civ. Proc. §§515.010(b), 515.020.) Subject to those terms, the Court is inclined to order that the writ shall issue and Defendant NBS Auto of California shall be directed to transfer possession of the subject property to Plaintiff; failure to do so may subject said Defendant to being hel...
2018.7.18 Motion to Strike 635
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.18
Excerpt: ...004) 32 Cal.4 th. 771, 790; Country Villa Claremont Healthcare Center v. Superior Court (2004) 120 Cal.App.4 th 426, 433-434.) ...
2018.7.18 Motion to Deem Matters Admitted, Request for Monetary Sanctions 744
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.18
Excerpt: ...ANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. The Court finds that Plaintiff is entitled to an award of monetary sanctions for Defendant's failure to respond to the above-described discovery requests. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff's motion for monetary sanctions is GRANTED in the amount of $260, to be paid to Plaintiff's counsel within ...
2018.7.17 Motion to Deem Facts Admitted, Request for Attorney Fees 774
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.17
Excerpt: ...is GRANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. The Court finds that Plaintiff is entitled to an award of monetary sanctions for Defendant's failure to respond to the above-described discovery requests. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff's motion for monetary sanctions is GRANTED in the amount of $260, to be paid to Plaintiff's counsel wi...
2018.7.17 Motion to Compel Further Responses, for Monetary Sanctions 174
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.17
Excerpt: ...ly construed so that parties may ascertain the strength of their case and truth may be determined at trial. (Williams v. Superior Court (2017) 3 Cal.5 th 531, 538.) Nevertheless, the Court recognizes that discovery of employee contact information serves a different purpose in the context of an individual discrimination case, as here, than in cases involving class action or PAGA claims, where “sweeping disclosures” have generally been approved...
2018.7.11 Motion to Consolidate 005
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.7.11
Excerpt: ...scovery and settlement negotiations more efficient and effective. Therefore, the motion to consolidate is GRANTED and the controlling case number will be 2024005. All further papers/pleadings shall be filed under the controlling case number. The Case Management Conference will remain on calendar for the consolidated actions on August 6, 2018 at 9:00 a.m. in Department 23. ...
2018.6.22 Motion to Strike or Tax Costs, for Attorney Fees 745
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.6.22
Excerpt: ...ys of the hearing of this matter. The Court further orders that the hearing date on the Court's Motion to Dismiss is continued, on the Court's own motion, to August 22, 2018 at 8:30 a.m. in Department 23. ...
2018.6.22 Motion to Compel Further Responses 974
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.6.22
Excerpt: ...additional documents were produced by Defendant after the instant motion was filed. Under the circumstances, it appears to the Court that, with additional time and effort, the disputed issues may be resolved by mutual good faith. Therefore, the matter is continued and the parties are instructed to file a Joint Status Statement no later than 5 court days before the continued hearing date. The Joint Status Statement should explain the parties' furt...
2018.6.22 Demurrer, Request to Stay 724
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.6.22
Excerpt: ... action has the power to bring before it all necessary parties, to litigate all issues, and to grant all relief to which any parties might be entitled. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 786- 788.) Therefore, an interlocutory judgment shall be entered in favor of Defendant WIS International herein to the effect that no trial of other issues shall be had until final determination of Case No. RIC 1801185. (Code Civ...
2018.6.22 Demurrer 724
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2018.6.22
Excerpt: ... action has the power to bring before it all necessary parties, to litigate all issues, and to grant all relief to which any parties might be entitled. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 786- 788.) Therefore, an interlocutory judgment shall be entered in favor of Defendant WIS International herein to the effect that no trial of other issues shall be had until final determination of Case No. RIC 1801185. (Code Civ...

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