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34 Results

Location: Tuolumne x
2019.4.26 Motion for Deemed Admissions, for Monetary Sanction, to Compel 992
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.4.26
Excerpt: ...iled to comply with California Rules of Court, rule 3.1110, subdivision (f)(3), governing the format of exhibits. Its counsel—Mark D. Lonergan, Mary Kate Sullivan, and Laszlo Ladi of Severson & Werson— have been warned twice previously about the Court's expectation of compliance with this rule. (See the tentative rulings for the May 4, 2018, hearing regarding Wells Fargo's demurrer to the first amended complaint and the January 4, 2019, heari...
2019.3.15 Demurrers, Motion to Strike Punitive Damages 232
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.3.15
Excerpt: ...tive rulings: The demurrers are SUSTAINED in part and OVERRULED in part, as set forth below. To the extent they are sustained, Plaintiff is granted 20 days' leave to amend. The motion to strike is DENIED as moot given the ruling on the demurrers. Analysis Defendants demur to all twenty‐ two causes of action in Plaintiff's Second Amended Complaint (hereafter SAC), which was filed on September 4, 2018. The first cause of action alleges breach of ...
2019.3.8 Motion for Attorney Fees 535
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.3.8
Excerpt: ...e collection matter. Plaintiff's case was essentially uncontested. The Court finds that the amount of time spent on the motion for summary judgment was not justified and the hourly rate of $425 exceeds the hourly rate customarily charged in this county. In addition, the fees requested are not in line with the fee schedule in local rule 3.09.1 that the Court is to consider in exercising its discretion in determining the reasonableness of the fees ...
2019.3.8 Demurrer 881
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.3.8
Excerpt: ...vision (a). Accordingly, the hearing on the demurrer will be CONTINUED to the next available civil law and motion date of March 8, 2019, at 8:30 a.m. in order to allow additional time for the parties to meet and confer as required by statute. If resolution of the issues raised in the demurrer is achieved Tentative Rulings: Department 4 Friday, March 8, 2019 Civil Law and Motion Calendar 8:30 a.m. If you wish to appear for oral argument, you must ...
2019.3.1 Motion to Deem Admitted Matters Specified in Request for Admissions 870
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.3.1
Excerpt: ...tion without prejudice due to failure to comply with local rule 2.04.1 requiring a request for an informal discovery conference prior to filing the instant motion. The parties are not expected to notify the Court or each other of an intention to appear on March 1, 2019. The Court acknowledges Plaintiff's notice of its intention to submit the matter without appearance pursuant to California Rules of Court, rule 3.1304, subdivision (c). ...
2019.3.1 Motion to Compel Arbitration, Stay Litigation 768
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.3.1
Excerpt: ... established that a valid arbitration agreement is in place between the parties to this litigation and that the claims in this lawsuit fall within the scope of the agreement. The agreement is neither procedurally nor substantively unconscionable. Tentative Rulings: Department 4 Friday, March 1, 2019 Civil Law and Motion Calendar 8:30 a.m. If you wish to appear for oral argument, you must so notify the Court and all other parties by 4:00 p.m. one ...
2019.2.22 Motion to Deem Matters Admitted, Compel Responses 533
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.2.22
Excerpt: ...t that the requests for monetary sanctions against Plaintiffs included in the motions are DENIED. The sanctions requests are denied because there is insufficient evidence that Plaintiffs themselves—as opposed to their counsel, Mark T. Gallagher—are responsible for the failures to respond to the discovery requests. As Defendant acknowledges, Mr. Gallagher was ordered inactive by the State Bar of California effective January 18, 2019. (See, e.g...
2019.2.13 Demurrer 577
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.2.13
Excerpt: ...n (a). Specifically, the statute requires the meet‐and‐confer process to occur in person or by telephone at least five days before the date the responsive pleading is due. Counsel's declaration describes only a voice message left for Petitioner's counsel and a letter sent to Petitioner's counsel, both on December 21, 2018, the same date the instant demurrer was filed. The hearing on the demurrer will be CONTINUED to the next available date of...
2019.2.8 Motion for Judgment on the Pleadings 837
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.2.8
Excerpt: ...mpliance with the meet‐ andconfer requirements of Code of Civil Procedure section 439, subdivision (a). The hearing on the motion will be CONTINUED to the next available civil law and motion date of March 29, 2019, at 8:30 a.m. in order to allow additional time for the parties to meet and confer as required by statute. If resolution of the issues raised in the motion is achieved through the meet‐and‐confer process, Plaintiff's counsel shall...
2019.2.8 Demurrer 373
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.2.8
Excerpt: ...ises from Plaintiff's allegations that he was terminated from his employment with Defendant due to his age and that Defendant intentionally interfered with his ability to obtain other employment by providing a negative review of his work when he had had outstanding performance reviews during his more than nine years working for Defendant. Plaintiff alleges that his purported termination for a rude e‐mail exchange with one of Defendant's clients...
2019.1.25 Motion to Dismiss Complaint 427
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.1.25
Excerpt: ...ts complaint, alleging a single cause of action for common counts. On May 11, 2018, Defendant filed a document titled “Answer and Affirmative Defenses to Plainitiff's [sic] Complaint and/or in the Alternative, Counterclaim for Damages” (hereafter Answer). The Answer is 31 pages long. It includes, among other things, a general denial of the allegations in the complaint, more than three pages of affirmative defenses, legal argument about the re...
2019.1.25 Motion to Dismiss Complaint 428
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.1.25
Excerpt: ...o notify the Court and all other parties by 4:00 p.m. one court day before the hearing, pursuant to California Rules of Court, rule 3.1308. The phone number for Department 4 is (209) 533‐6524. The tentative ruling will become the ruling of the Court if the Court has not directed oral argument by its tentative ruling and notice of intent to appear has not been given. Page 5 of 6 on the Court's review of the papers prior to the hearing date and s...
2019.1.25 Demurrer, Motion to Strike 232
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.1.25
Excerpt: ...entative rulings: The hearing on the “Demurrers” will be CONTINUED to March 15, 2019, at 8:30 a.m., as set forth below. The motion to strike is DENIED WITHOUT PREJUDICE. Analysis The operative complaint is the second amended complaint (hereafter SAC), which alleges 22 causes of action. The SAC was filed on September 4, 2018, pursuant to a stipulation and order filed on August 28, 2018. The August 28, 2018, stipulation and order also provided ...
2018.8.10 Motion for New Trial 160
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.8.10
Excerpt: ...ct, and Defendant was deemed to be the prevailing party, entitled to costs in an amount to be determined. Notice of entry of judgment was filed on March 20, 2018; the attached proof of service reflects that notice was mailed to Plaintiff's counsel by first‐class U.S. mail on March 19, 2018. On April 4, 2018, Plaintiff filed a notice of intention to move for a new trial. Plaintiff was required to have filed his notice of intention to move for a ...
2018.8.10 Demurrer 241
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.8.10
Excerpt: ...cribes damages at item 11g of the form complaint but does not allege how, when, where, or by whom the damages were caused other than that they were “due to blow and being knocked down.” Moreover, although Plaintiff has sued a public entity, he has not alleged compliance with or excuse from compliance with the applicable governmentclaim statutes at item 9 of the form complaint. Comment Defendant failed to comply with California Rules of Court,...
2018.7.27 Motion to be Relieved as Counsel 112
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.7.27
Excerpt: ...el notified Plaintiffs of the continuance of the hearing from July 6, 2018. Finally, the proposed order lodged in the court file does not specify the date of the next case management conference. (Id., rule 3.1362, subd. (e).) ...
2018.7.20 Demurrer, Motion to Dismiss, to Strike 695
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.7.20
Excerpt: ...ition filed: October 6, 2017 Pleading: Demurrer to Plaintiff's first amended complaint Demurring parties: Defendants 80 Oak Hills Apartments, L.P.; 80 Columbia Village Townhomes, L.P.; 60 Forest View Senior Housing, L.P.; and Highridge Costa Investors, L.L.C. Demurrer filed: October 27, 2017 Motion: Strike Plaintiff's first amended complaint in its entirety and/or portions thereof Moving parties: Defendants 80 Oak Hills Apartments, L.P.; 80 Colum...
2018.7.20 Demurrer 898
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.7.20
Excerpt: ...cealment 3. Third cause of action: Negligent misrepresentation 4. Fifth cause of action: Civil conspiracy 5. Seventh cause of action: Declaratory relief The demurrer is overruled as to the fourth cause of action for negligence. Analysis The first amended complaint (FAC) fails to allege facts to support any contractual relationship between Omega Sonora, LLC, and B&B. In addition the FAC does not attach a copy of the contract or set forth the terms...
2018.7.20 Demurrer 867
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.7.20
Excerpt: ... 2018, at 8:30 a.m. in order to allow additional time for the parties to meet and confer as required by statute. If resolution of the issues raised in the demurrer is achieved through the meet‐and‐confer process, Cross‐ Defendant's counsel shall promptly inform the Court and request that the demurrer be dropped from calendar. (See local rule 3.02.1.) If resolution is not so achieved, Cross‐Defendant's counsel shall, no later than August 3...
2018.7.20 Demurrer 127
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.7.20
Excerpt: ..., subdivision (a). The declaration reflects that Cross‐Defendant's counsel left a voice mail message and sent an e‐mail message on the afternoon of Friday, June 22, 2018, seeking to meet and confer and then, not having heard back, filed the demurrer on Monday, June 25, 2018. (6/25/18 Levy decl. ¶¶ 9‐11.) A declaration filed in support of the opposition to the demurrer confirms this timeline and adds that Bayview Loan Servicing, LLC's coun...
2018.7.12 Motion to Tax or Strike Costs 288
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.7.12
Excerpt: ...In opposing the motion, Defendants argue that deposing Mr. Neuman was “reasonably necessary” in their trial preparation and that their payment of his fee was required by Government Code section 68092.5, subdivision (a). Defendants cite two cases as purported authority for the Court's exercise of its discretion to allow this cost. The cited passage of Stiles v. Estate of Ryan (1985) 173 Cal.App.3d 1057 is not on point, as the Stiles court was ...
2018.7.12 Motion to be Relieved as Counsel 327
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.7.12
Excerpt: ...the following analysis: California Rules of Court, rule 3.1362, subdivision (d) sets forth the service requirements when counsel seeks to be relieved pursuant to Code of Civil Procedure section 284, subdivision (2). The declaration filed on March 16, 2018, in support of the instant motion states that counsel personally served Plaintiff with copies of the motion papers and that a copy of the proof of service will be filed at least five days prior ...
2018.6.29 Motion to be Relieved as Counsel 327
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.6.29
Excerpt: ...otion states that counsel personally served Plaintiff with copies of the motion papers and that a copy of the proof of service will be filed at least five days prior to the hearing. However, as of June 27, 2018, Plaintiff's counsel had not filed proof of personal service. Instead, the proof of service filed on March 16, 2018, and the amended proof of service filed on March 28, 2018, reflect service by U.S. mail. The supporting declaration does no...
2018.6.29 Motion to Enforce Settlement 051
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.6.29
Excerpt: ...owes to Plaintiffs Norman F. Perry and Tera Oblender‐Perry pursuant to paragraph 6 of the stipulated judgment. However, Mr. Perry has not filed any actual evidence of either Plaintiffs' compliance or Mr. Shea's noncompliance with the terms of the stipulated judgment. ...
2018.6.15 Motion to Set Aside Entry of Default 140
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2018.6.15
Excerpt: ...ner. Paragraph 5 of the complaint explains that the six named defendants are not natural persons but instead are a public entity: the California Department of Corrections and Rehabilitation. On January 27, 2017, Plaintiff filed proofs of service of the summons, complaint, and other documents on these six persons in their capacities as individual defendants. Service was completed by a clerk in the sheriff's office in Sonora. The proofs of service ...

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