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Judge: Speiller, Stacy P x
2022.12.01 Motion for Protective Order, for Sanctions 451
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.12.01
Excerpt: ...inancial information is only discoverable when such information is directly relevant to the issues of the ongoing litigation or essential to the fair resolution of the lawsuit. Britt v. Superior Court (1978) 20 Cal. 3d 844, 859. Specifically, as to Special Interrogatories 87 – 119, Requests for Admission 14 and 15, and Requests for Production 51 – 59, which concern loans between Moody and the Sandhu defendants, this information is not directl...
2022.12.01 Motion for Judgment on the Pleadings 990
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.12.01
Excerpt: ...A motion for judgment on the pleadings has the same function as a general demurrer but can be made after the time for demurrer has expired. Pursuant to CCP Section 439, before filing a motion for judgment on the pleadings the moving party shall meet and confer with the party who filed the pleading for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion. Defense counsel has shown that he me...
2022.11.23 Motion for Attorney Fees 116
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.11.23
Excerpt: ...e Code Section 1304(a). Samuel Orozco et al.'s Petition for Order Construing Trust Instrument, Determining Rights and Powers, Ascertaining Beneficiaries, Instructing Trustee, Quieting Title and Removing Trustee (“The Petition for Order Construing Trust Instrument”) is appealable under Probate Code Sections 1303(f) and 1304(a). Samuel Orozco et al.'s Petition for Removal of Henry Orozco as Personal Representative of the Estate of Guadalupe Oro...
2022.11.22 Motion for Enforce Settlement 451
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.11.22
Excerpt: ...ms related to the buyers' purchase of the property, including those against the broker; (2) all claims related to the deposits/holdbacks that were part of the purchase of the property; and (3) all claims related to the purchase contract and SIP (“Seller License to Remain in Possession Addendum”) between the Trust and the buyers pursuant to the Court‐approved settlement agreement. Motion, page 12, lines 6 – 9. Plaintiff argues that the Com...
2022.11.18 Motion to Compel Completion of Protocol, for Sanctions 771
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.11.18
Excerpt: ...arty, the court may grant leave to complete discovery closer to the initial trial date or to reopen discovery after a new trial date has been set. The date initially set for trial was October 4, 2022, so discovery originally closed on September 4, 2022, and the last day to hear a discovery motion was September 19, 2022. However, plaintiff filed an ex parte application to continue the trial date and “related dates thereto”. In the ex parte app...
2022.11.10 Motion for Summary Judgment, Adjudication 840
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.11.10
Excerpt: ...al facts are in dispute. The fact that World International is no longer represented by counsel is not a reason for the Court to delay in making its ruling, because the Court has given World International sufficient warning and time to obtain new counsel and/or to request a continuance of the hearing. On October 6, 2022, the Court granted defendant World International's counsel's Motion to be Relieved as Counsel. Carmen Millan, an accountant for W...
2022.11.10 Motion for Summary Judgment, Adjudication 252
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.11.10
Excerpt: ...the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted as to Angels Crossing. As a result of the Court's ruling Angels Crossing is deemed to have admitted that as the owner of the subject properties it is obligated to pay the special taxes, that it has not paid any of the special taxes, that the special taxes for tax years 2018/2019 and 2019/2020 have not been paid, and that the special taxes are delinquent. There are no Iss...
2022.11.10 Motion for Summary Judgment, Adjudication 177
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.11.10
Excerpt: ...d severally. The fact that World International is no longer represented by counsel is not a reason to cause the Court to delay in making its ruling, because the Court has given World International sufficient warning and time to obtain new counsel and/or to request a continuance of the hearing. On October 6, 2022, the Court granted defendant World International's counsel's Motion to be Relieved as Counsel. Carmen Millan, an accountant for World In...
2022.11.08 Motion to Enforce Settlement Agreement 633
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.11.08
Excerpt: ... Southwest made a global settlement proposal on March 8, 2021. Cohen Declaration, Exhibit A, pages 7 and 22. In an e‐mail dated March 9, 2021, Alamo and APMI agreed to the amounts, and proposed that there be a time limit to receive the settlement checks and an enforcement mechanism under CCP Section 664.6. Id. at page 19. Southwest agreed to this in an e‐mail of March 9, 2021, but then stated that Mr. Goldstein had to confirm his clients' (Dr...
2022.11.01 Motion for Summary Judgment, Adjudication 390
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.11.01
Excerpt: ...) The liability of a public entity established by this part (commencing with Section 814) is subject to any immunity of the public entity provided by statute, including this part, and is subject to any defenses that would be available to the public entity if it were a private person. Government entity liability for premises liability and the dangerous condition of public property is governed by Government Code Section 835, which provides as follo...
2022.10.27 Motion for Summary Judgment 987
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.10.27
Excerpt: ...five years of the seizure of the property. On October 19, 2021, the Court granted the People's discovery motions, including the Motion to Deem Requests for Admission admitted. Motion, Exhibit B. Pursuant to this Order, Mr. Cruz has admitted that the money at issue was furnished or intended to be furnished by a person in exchange for a controlled substance within five years of the date of its seizure, that the money is proceeds traceable to an exc...
2022.10.26 Motion for Reconsideration 116
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.10.26
Excerpt: ... contain new or different facts which could not with reasonable diligence have been presented at the trial of the action. The moving party must provide a satisfactory explanation for the failure to produce the evidence at an earlier time. CCP Section 1008; Shiffer v. CVS Corp. (2015) 240 Cal. App. 4th 246, 255. Mr. Orozco states that the new evidence and facts include 15 confirmed documented instances of false and contradictory trial testimony, n...
2022.10.26 Motion to Remove Guardian Ad Litem and Appoint New Guardian Ad Litem 338
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.10.26
Excerpt: ...es a non‐ parent. …a trial court has the responsibility to protect the rights of a minor who is a litigant in court, and in this role the court has the inherent authority to make decisions in the best interests of the child, even if the parent objects. This judicial protection of minors encompasses a court's authority to select a guardian ad litem who is not the parent or general guardian. Williams v. Superior Ct. (2007) 147 Cal. App. 4th 36,...
2022.10.25 Motion to Set Aside Sua Sponte Dismissals 741
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.10.25
Excerpt: ...g proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. The Motion was not timely filed by Project‐Mate, Inc. On September 13, 2021, Project‐Mate, Inc. filed a Request for Dismissal of the Cross‐Complaint it had filed on March 10, 2021. Even if Project‐Mate, Inc. could show tha...
2022.10.20 Motion for Summary Judgment, Adjudication 378
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.10.20
Excerpt: ...n is DENIED as to Issue No.'s 1, 2, and 4, and GRANTED as to Issue No. 3. Defendants' Request for Judicial Notice is granted. Plaintiffs' Evidentiary Objections are sustained as to objections no.'s 2, 5, 10, 49, 55, 56, and 57, and are otherwise overruled. Defendants' Evidentiary Objections are sustained as to objection no.'s 1 and 2 and overruled as to objection no.'s 3 – 11. Issue No. 1 – At the time when the subject accident occurred, defe...
2022.10.20 Demurrer or to Dismiss 633
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.10.20
Excerpt: ...CCP Section 386 and Rutter's Guide to Civil Procedure Before Trial, Ch. 2‐F (2019) at 2:470. The fact that plaintiff, by virtue of an attorney lien, may have a right to a portion of the $25,000.00, does not mean that plaintiff can simply deduct the amount it believes it has a right to before interpleading the remaining funds. The amounts which plaintiff and each defendant are entitled to must be determined by the Court. ...
2022.10.18 Motion for Summary Judgment 378
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.10.18
Excerpt: ...20 and 22, and sustained as to No.'s 18 and 21. The liability of the Dragon defendants is based on whether or not the Dragon defendants can be liable as successors in interest to Vantage Trailer, Inc. Plaintiff's Response to Defendants' UMF No. 3. Defendants have shown that no issues of material fact exist which support a successor in interest claim. The Agreement called for Vantage Trailers to sell certain assets to Dragon Products related to th...
2022.10.07 Motion for Reconsideration 771
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.10.07
Excerpt: ...onally, reconsideration of the denial of a summary judgment motion cannot be sought on the 10‐ day notice period set forth in CCP Section 1008, because this would bypass the procedural protections of CCP Section 437c afforded to parties opposing summary judgment, such as the requirement of 75 days' notice. Torres v. Design Group Facility Solutions, Inc. (2020) 45 Cal. App. 5th 239, 243. Finally, the Court finds that it did not err in denying de...
2022.09.20 Petition to Compel Arbitration 053
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.09.20
Excerpt: ...ration, based on the U.S. Supreme Court's holding in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. The Court further notes that Plaintiff does not appear to oppose the application of Viking River Cruises, supra, with regard to the individual claim. Therefore, the motion is GRANTED in that respect. However, the issue of whether Plaintiff retains any ability to pursue a representative PAGA claim despite the existence of the arbitrati...
2022.09.15 Demurrer 822
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.09.15
Excerpt: ... same damages as the claim for breach of contract, with the result that no separate claim has been sufficiently stated. (See, e.g. Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1395.) Therefore, the demurrer is SUSTAINED with regard to this cause of action; however, the Court will grant Plaintiff leave to amend the pleading in this regard. With regard to the Third Cause of Action for Common Counts, the Court f...
2022.08.12 Motion for Summary Judgment, Adjudication 771
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.08.12
Excerpt: ...ky Stores, Inc. (2000) 79 Cal.app.4th 1081,1086.) There are thirty‐seven issues for adjudication which all boil down to whether each allegation in the complaint were sufficiently alleged in the LWDA Notice. The first three issues address the entirety of the PAGA cause of action. The remaining issues address a “claim within his PAGA cause of action.” California Code of Civil Procedure 437c allows summary adjudication “only if it completely...
2022.08.10 Motion for Summary Judgment, Adjudication 940
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.08.10
Excerpt: ... PERB. (UMF #.) Ms. Trevethan was Plaintiff's direct supervisor and Barney Gordon was a member of the Board of Trustees viewed as Ms. Trevethan's supervisors. (UMF 4.) Therefore, there remains a triable issue of material fact as to whether Defendants were “supervisory employees.” (See, Hartnett v. Crosier (2012) 205 Cal.App.4th 685; see also, Caldecott v. Sup. Ct. (2015) 243 Cal.App.4th 212, 223.) The Tort Claim does not have to identify caus...
2022.07.28 Motion for Summary Judgment, Adjudication 148
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.07.28
Excerpt: ...le Dam Blvd. E in Oroville. (Undisputed Material Fact [hereinafter, “UMF”] 1 and 11; Complaint at 4‐5.) Defendant Wright applied for a position with Foodmaxx on April 2, 2016. (Ex. F.) He denied any felonies and had prior work experience without any adverse employment actions. (Id.; UMF 5). He had not been in any physical altercations prior to the subject incident. (UMFs 4, 22.) He was a meat clerk that did not include any physical altercat...
2022.07.22 Motion to Strike, Demurrers 045
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.07.22
Excerpt: ...ba Alexander Cohen Hospice House's Demurrer to Plaintiff's First Amended Complaint – OVERRULED, part; SUSTAINED, in part, with leave to amend. a) With regard to the First Cause of Action for Elder Abuse and/or Neglect, the Third Cause of Action for Wrongful Death, and the Fifth Cause of Action for Violation of Patient's Rights, the Court finds the allegations sufficient at the pleading stage to state the challenged claim. Therefore, the demurre...
2022.07.14 Motion for Summary Judgment, Adjudication 647
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.07.14
Excerpt: ...s to the Third Cause of Action for Harassment. The Court addresses the issues in numerical order. Issue #1 [First Cause of Action]: While discrimination claims are subject to a three‐step burden‐shifting paradigm, establishing a prima facie case is not particularly onerous. (Guz v. Bechtel Nat'l, Inc. (2000) 24 Cal.4th 317, 354‐355.) Here, Plaintiff is Laotian/Mien/Asian, and therefore, within a protected class. He was treated differently f...
2022.07.12 Motion for Summary Judgment 378
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.07.12
Excerpt: ...ust establish that the employee committed a tort within the scope of employment. (Pierson v. Helmerich & Payne Internat. Drilling Co. (2016) 4 Cal.App.5th 608, 618.) Pursuant to the well‐known “coming and going rule,” an employee's commute to and from work is not considered to be within the scope of employment unless a specific exception applies. (Anderson v. PG&E (1993) 14 Cal.App.4th 254, 258.) CEI's employees, such as Plaintiff and Defen...
2022.06.17 Demurrer to SACC 365
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.06.17
Excerpt: ...GRANTED. There are no allegations of any written contract signed by both Alston and Northern California Nail Company by which the latter agreed to indemnify the former. (Nielsen Constr. Co. v. Int'l Iron Prod. (1993) 18 Cal.App.4th 863, 869: “The language of section 3864 clearly requires execution of the written agreement (i.e., signatures of all parties) before the injury.”) Alston has requested leave to amend to allege the existence of a wr...
2022.05.13 Motion to Compel Responses, for Monetary Sanctions 839
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.05.13
Excerpt: ...bd. (c), against Plaintiff in the Amount of $660.00 – GRANTED, in part, and unopposed. a) Based on the information set forth in the moving and reply papers, and in the absence of opposition, the Court finds that responses to the subject discovery have now been served and the request for an order compelling the same has been rendered MOOT. However, the Court finds that Defendants are entitled to an award of monetary sanctions in connection with ...
2022.05.06 Motion to Compel Further Responses 157
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.05.06
Excerpt: ... public use and/or not necessary. Although there are instances in which a client list is proprietary, the Court finds that any such concerns are adequately protected by the stipulated protective order in place in this case. Therefore, the Motion to Compel Further Responses to Special Interrogatory Numbers 1, 23, 24, and 27 is GRANTED. Further responses are due within twenty (20) days of the Court signing this Order. The Burchell Nursery, Inc. see...
2022.04.27 Motion to Compel Further Responses, for Discovery Sanctions 451
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.04.27
Excerpt: ...t Defendant failed to comply with his own promised deadline for service of substantive amended responses within one week of the Court's ruling denying the arbitration motion. Moreover, Defendant acknowledges that the partial amended responses he provided have not been verified. Unverified responses are tantamount to no response at all. (Appleton v. Superior Court (Cook) (1988) 206 Cal.App.3d 632, 636.) Therefore, all objections have been waived a...
2022.04.26 Motion to Compel Deposition, for Sanctions 378
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.04.26
Excerpt: ... Request for Sanctions in the Sum of $1,050 ‐ DROPPED, at the request of the moving party. (a) Based on the Joint Status Statement submitted on 4‐15‐22, the Court recognizes that the dispute with regard to Mr. Broussard's deposition has now been resolved and only the issue of Mr. Crenshaw's deposition remains at issue in the instant motion. Plaintiff has demonstrated that the subject deposition was properly noticed pursuant to the requireme...
2022.02.25 Motion for Summary Adjudication 303
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.02.25
Excerpt: ...jurisdiction to determine whether an employee was probationary or permanent. Contrary to Defendant's arguments, the Board did not make the finding that Plaintiff was a probationary employee. Plaintiff also applied to this court for permission to seek adjudication on the issue whether Plaintiff was entitled to Skelly due process as a permanent employee, which was granted. Defendant's claim that Plaintiff would not be entitled to Skelly regardless ...
2022.02.09 Motion to Compel Deposition 362
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.02.09
Excerpt: ...ose CA; c) Motion to Expunge Lis Pendens and for Attorneys' Fees and Costs – 30 W Reed, San Jose CA; d) St Motion to Expunge Lis Pendens and for Attorneys' Fees and Costs – 425 N 7 th St, San Jose CA – a) Samuel Orozco's Motion to Expunge Lis Pendens Re: 458 N. 7th Street, San Jose CA – Continued from Tuesday, 2/1/22, to Wednesday, 2/9/22: Respondent Samuel Orozco's Motion to Expunge Lis Pendens filed against 458 N. 7 th Street, San Jose,...
2022.01.26 Motion to Compel Further Discovery Responses 227
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.01.26
Excerpt: ...tions are generally deemed substantial enough, particularly when deemed necessary to hire an outside investigator); and ii) the allegations were founded (i.e. discipline was imposed). (See, Marken v. Santa Monica‐Malibu Unified School Dist. (2012) 202 Cal.App.4th 1250, 1271‐1276; see also, Associated Chino Teachers v. Chino Valley USD (2018) 30 Cal.App.5th 530, 541‐ 543; see also, newly enacted 2019 statutes disfavoring withholding of sexua...
2022.01.26 Motion for Summary Judgment, Adjudication 362
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.01.26
Excerpt: ...ty, has met the burden of demonstrating entitlement to judgment herein. Specifically, Defendant has demonstrated that Plaintiffs cannot establish the elements of negligence and causation against the moving defendant and cannot assert a theory of vicarious liability based on ostensible agency in this instance as a matter of law. ...
2022.01.21 Motion to Enforce Settlement, for Sanctions and Costs 392
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.01.21
Excerpt: ...Plaintiffs' motion asserts that such forms have been provided, the correspondence attached to counsel's declaration does not confirm this information, and the defense indicates that such documentation has not been provided for Plaintiffs Rosa and Brian Cornejo. Counsel shall appear to advise the Court of the status of this exchange, as it appears the settlement can be concluded if such alternate documentation can be provided. ...
2022.01.21 Motion for Summary Judgment, Adjudication 362
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.01.21
Excerpt: ...ima facie entitlement to adjudication of the subject causes of action based on the existence of a contractual release of liability executed by the decedent, the Court finds that Plaintiffs have met their burden of demonstrating the existence of material factual disputes precluding judgment on that basis. At a minimum, Plaintiffs have introduced admissible evidence supporting their assertion that the decedent lacked the capacity to enter into the ...
2022.01.11 Motion for Summary Judgment, Partial Adjudication of Issues 520
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.01.11
Excerpt: ...ion of Public Policy: Plaintiff has met the minimal threshold to demonstrate a prima facie case of discrimination based on race related to the shift schedules and assignments of less‐desirable tasks. (Material Fact ## 2, 3, 14; Additional Material Fact ## 82, 89, 96, 97,101, 102.) Defendant has met its burden to explain the legitimate non‐discriminatory basis for these business decisions. (Material Fact ## 9, 10, 11, 12, 13, 162.) Plaintiff h...
2022.01.07 Motion for Summary Judgment 884
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.01.07
Excerpt: ...D as to the Streets and Highway Code and the City Ordinances. The Request is DENIED as to the Google Maps street image and City of Modesto Public Works website. City's Objections to Evidence are SUSTAINED as to 1‐8 pertaining to Zachary Moore's Declaration. The objections are OVERRULED as to numbers 9 and 10 pertaining to Maxine and Felix Bracero's Declarations. Church's objections to evidence are SUSTAINED as to 1‐ 12 pertaining to Zachary M...
2021.12.10 Demurrer 157
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2021.12.10
Excerpt: ...ant must allege the names of the persons who allegedly made the fraudulent representations, their 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.) As Cross‐Complainant has represented the ability to amend the pleading to correct these deficiencies, the Court will grant leave to amend in this regard. Cross‐Complainant shall submit an amended ple...
2021.10.27 Motion to Compel Further Responses 542
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2021.10.27
Excerpt: ...as demonstrated that Defendant's responses to Form Interrogatories, Set One, Nos. 16.2, 16.3, 16.4, 16.5, 16.6, and 16.10 do not comply with the requirements of Code Civ. Proc. §2030.220. Despite the possibility that later‐acquired discovery may further inform and support Defendant's contentions in the case, the Code requires that the responding party provide responses that are as complete as possible based on the information that is reasonabl...
2021.10.26 Application for Writ of Possession 376
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2021.10.26
Excerpt: ...property and the reasons therefore and facts demonstrating probable cause for Plaintiff's belief that the subject equipment is located at the address set forth in the application. (Code Civ. Proc. §512.010(a)(2),(4).) Plaintiff shall be prepared to present admissible evidence on these issues at the time of the hearing. In addition, the application does not contain admissible evidence establishing the purported value of the items sought to be rec...
2021.10.14 Motion to Compel Compliance Re Imposing Monetary Sanctions 078
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2021.10.14
Excerpt: ...o monetary sanctions and submitting to deposition. Further, the Court finds that Plaintiff has engaged in a willful pattern of deliberate non‐compliance and obfuscation with the Court's procedural orders regarding prosecution of the action with due diligence and with the Court's orders regarding discovery, resulting in a prior order to show cause re dismissal where the Court allowed Plaintiff a reprieve after admonishing that continued obstruct...
2021.10.13 Motion for Clarification of Settlement Calculation or Acceptance of Expenses 174
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2021.10.13
Excerpt: ...e was $6,500. There is no indication whatsoever that the amount was a total from two different sources/contributors. Nor is there a different attorney's name on the pleadings – the pleadings are signed by counsel bringing the current motion. The motion for acceptance of expenses is CONTINUED on the Court's own motion to November 18, 2021, at 8:30 a.m. On or before November 9, 2021, the guardian will provide a declaration signed under penalty of...
2021.10.08 Motion for Summary Judgment, Adjudication 704
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2021.10.08
Excerpt: ... Defendant Motor Parts Distributors Inc.'s Motion to Bifurcate; d) Plaintiff's Motion for Bifurcation and for Order Granting Priority Over Plaintiff's Main Case; e) Cross‐Defendant/Cross‐Complainant Express Services, Inc.'s Motion to Bifurcate Trial – Motion (a)—DENIED. While the Court is not inclined to reject or strike moving party's separate statement of undisputed facts, opposing party's objection is well‐taken in that the manner in...
2021.10.05 Motion to Compel Responses, for Monetary Sanctions 704
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2021.10.05
Excerpt: ... broad and includes matters that are reasonably calculated to lead to the discovery of admissible evidence. Here, moving parties sufficiently establish the relevance and discoverability of the desired information as bearing on issues related to vicarious liability, comparative fault and indemnity. Accordingly, the deponent is ordered to respond to the subject questions but any further deposition is expressly limited to the matters raised in this ...
2021.09.28 Motion to Compel Arbitration 452
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2021.09.28
Excerpt: ...ted factual matters or hearsay assertions not within exception. (Evid. Code, §§ 452(c), 453.) The documents speak for themselves and establish matters of corporate disclosure required by law and the applicable dates thereof. Nothing more is required for purposes of the Court's tentative ruling. Regarding the merits, Plaintiff's Complaint asserts causes of action including, as pertinent here, breach of contract and breach of promissory note, aga...
2021.09.23 Motion to Compel Further Responses 451
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2021.09.23
Excerpt: ...n to which the litigation privilege was previously raised is improper and an abuse of the discovery process for which sanctions are warranted. As to the text messages, Defendant Moody technically, albeit in the narrowest sense possible, complied with the September 1, 2021 Order by contacting Metro PCS and asking if the text messages could be retrieved. However, Plaintiff's counsel aptly noted in the further meet and confer process that the custom...
2021.09.17 Motion for Summary Judgment, Adjudication 720
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2021.09.17
Excerpt: ...Parents) only on the Fourth Cause of Action for violation of Government Code section 11135. SUSD moves for summary judgment of this cause of action on the basis that section 11135 et seq. only provides for a private right of action for equitable relief, not monetary damages, as a matter of law. (Gov't Code § 11139.) SUSD is correct. Moreover, SUSD has met its burden to demonstrate that there is no triable issue of material fact that Parents were...
2021.09.15 Motion to Compel Responses, for Monetary Sanctions 676
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2021.09.15
Excerpt: ...Plaintiff's Motion for an Order Deeming the Truth of Facts and Matters in Request for Admissions, Set One, Propounded to Defendant, Maria Islas; Request for Monetary Sanctions of $3,035 – Motions a), b), c) and d)—SANCTIONS DENIED. Pursuant to the Minute Order of August 31, 2021, motions (a.), (b.) and (c.) were granted, in part, and continued to the present with respect to monetary sanctions against Defendant Islas, only, with the opportunit...

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