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94 Results

Location: Tuolumne x
2022.05.16 Motion for Permission to File Imperfect Pleading 459
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.05.16
Excerpt: ...to accept for filing a complaint that may fall short of some of the Rules of Court relating to formatting. The acceptance and filing of papers is considering ministerial – meaning no independent judgment is to be applied by the court clerk. See, e.g., People v. Financial Casualty & Surety, Inc. (2017) 14 Cal.App.5th 308, 315. For example, anything on a Judicial Council form, or local court form, must be accepted and filed, even if doctored, inc...
2022.05.16 Motion for Discovery Sanctions 952
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.05.16
Excerpt: ...n Calendar 1:30 p.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 court day before the hearing (Friday), pursuant to California Rules of Court, rule 3.1308. The phone number for Department 2 is (209) 588‐2382. 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...
2022.04.07 Demurrer 646
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.04.07
Excerpt: ...en 8:45 and 9:00 a.m. Please arrive at the courtroomnolater than 8:30 a.m. to check in. If the door to Courtroom 43 is locked, please call Judge Coats's secretary, Hellmi ("Amy") McIntyre, at 805‐ 289‐8791 to gain entry. While public health orders related to COVID‐19 are in place, the Court strongly prefers that appearancesbemade by CourtCall. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, y...
2022.04.04 Motion for Attorney Fees 293
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.04.04
Excerpt: ... a comprehensive nine‐ page order. Although plaintiff was denied monetary relief, he was granted a declaration affirming his ownership of the Morris and Stewart claims, and voiding defendant's Josephine claim to the extent it overlay the Morris and Stewart claims. The Court ordered equitable partition, with the “costs of the partition as set forth in CCP §874.010” borne 2/3 to defendant, and 1/3 to plaintiff. The final Judgment included in...
2022.03.28 Motion to Compel Arbitration 883
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.03.28
Excerpt: ...erty. What remains of the dispute are unpaid fines, penalties and interest. The Court first notes a concern about service and notice to defendant. Plaintiff indicates that defendant was personally served with the summons at 1900 State Highway 120, Groveland, CA, but there is nothing connecting this address to defendant in the court file. Plaintiff used this same address for service of its CMC statement. However, the Request for Entry of Default w...
2022.03.28 Motion for Reconsideration 180
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.03.28
Excerpt: ...ading was a Judicial Council form Complaint, containing a single cause of action, relating to a motor vehicle accident occurring on July 18, 2018, involving one Susan Gallardo (with reference to Joseph Gallardo owning the vehicle). Attached to the three‐page Judicial Council form complaint (one of the pages is missing) was fifty‐five pages of what can best be politely described as a wandering manifesto of deep conspiracy theories unrelated in...
2022.03.28 Motion for Monetary Sanctions 833
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.03.28
Excerpt: ...pies of defendant's personal notes utilized during the first deposition. The motion is DENIED. Pursuant to Evidence Code §771, “if a witness, either while testifying or prior thereto, uses a writing to refresh his memory with respect to any matter about which he testifies, such writing must be produced … the adverse party may, if he chooses, inspect the writing, cross‐examine the witness concerning it, and introduce in evidence such portio...
2022.03.21 Motion to Reinstate Jury Trial 603
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.03.21
Excerpt: ...ot object to the procedure employed, and as such that is how this Court will proceed. CCP §1008(a) requires that any motion for reconsideration be supported by an affidavit from the moving party setting forth “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” The crux of such a motion is that something new or different ...
2022.03.21 Motion to Expunge Lis Pendens 331
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.03.21
Excerpt: ...i's only remedy was to foreclose on the note, not pursue collection civilly). Before the Court this day is defendant's motion to expunge plaintiff's Notice of Pendency of Action (aka lis pendens) recorded in the County of Contra Costa on 09/27/19 as Document No. 2019‐0162043‐00, which reportedly appears in the chain of title for APN 433‐401‐014, commonly known as 5144 Rain Cloud Drive, Richmond California 94803. Despite some met and confe...
2022.03.18 Motion for Relief from Default 694
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.03.18
Excerpt: ...nd “beat down” by defendant. The incident was captured by a video recording device. Police were summoned, and took a report. Defendant pled out to a felony charge of battery, and received a five‐year “no contact” order. Defendant was also ordered to pay restitution in the amount of $11,194.76. On 09/24/19, plaintiff filed a civil suit. Named therein were defendant Yowell, his wife, and their two cleaning businesses (as well as Joanna Ha...
2022.03.07 Motion for Attorney Fees 331
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.03.07
Excerpt: ...cause "reasonable" conduct is typically a contested issue of fact, and one which cannot be resolved on affidavits. Here, defendant sustains its initial burden with the declaration of Robert Griswold who states that "industry standards" allow for a parking bumper to be located between two parking slots. Plaintiff, however, rebuts this with the declarationof its expert, Mark Burns, who offers ASTM standard 1367‐10, section 9.4 stating that the bu...
2022.02.24 Motion to Compel Further Responses 284
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.02.24
Excerpt: ...gs are encouraged to appear viaCourt Call. You may contact Court Call as follows: www.courtcall.com or call 888‐882‐6878. You must check in by 8:20AM for the 8:30 AM calendar. To submit on a tentative decision, e‐mail the Court at Courtroom41@ventura.courts.ca.gov or by fax to Judge McKaig'ssecretary, Isabel Alarcon, at 805‐477‐8790. If a party submits on the tentative decision without appearing, but another party appears, the hearing w...
2022.02.24 Motion to Compel Further Responses 952
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.02.24
Excerpt: ...gs are encouraged to appear viaCourt Call. You may contact Court Call as follows: www.courtcall.com or call 888‐882‐6878. You must check in by 8:20AM for the 8:30 AM calendar. To submit on a tentative decision, e‐mail the Court at Courtroom41@ventura.courts.ca.gov or by fax to Judge McKaig'ssecretary, Isabel Alarcon, at 805‐477‐8790. If a party submits on the tentative decision without appearing, but another party appears, the hearing w...
2022.02.17 Petition to File Late Claim Pursuant to Gov. Code 946.6 164
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.02.17
Excerpt: ...ey Fees, 04/20/2021 Cases, including ex parte matters, will be called at 9 a.m., or earlier, if the Parties are ready. Please check in withthecourtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:Courtroom21@ventura.courts.ca.gov. Absent waiver of notice and in the event an order is not signed at the hearing, ...
2022.02.17 Motion to Deem RFAs Admitted 737
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.02.17
Excerpt: ...ey Fees, 04/20/2021 Cases, including ex parte matters, will be called at 9 a.m., or earlier, if the Parties are ready. Please check in withthecourtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:Courtroom21@ventura.courts.ca.gov. Absent waiver of notice and in the event an order is not signed at the hearing, ...
2022.02.17 Motion for Award of Statutory Attorney Fees 293
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.02.17
Excerpt: ...ey Fees, 04/20/2021 Cases, including ex parte matters, will be called at 9 a.m., or earlier, if the Parties are ready. Please check in withthecourtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:Courtroom21@ventura.courts.ca.gov. Absent waiver of notice and in the event an order is not signed at the hearing, ...
2022.01.27 Motion to Compel Discovery 560
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.01.27
Excerpt: ...red document is irrelevant to the Court's determination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6.) Defendant's motion for summary adjudication as to issues 1‐3 is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code Civ. Proc., § 437c...
2022.01.20 Demurrer 387
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.01.20
Excerpt: ...ary District to prepare proposed judgment. Demurrer to Plaintiff's Fourth Amended Complaint This is a civil action for reliance damages resulting from a report issued in 2014 allegedly overestimating the number of new customer hook‐up options into defendant's sewer system. The operative pleading has gone through a number of iterations, landing now at the Fourth Amended Complaint. Before the Court this day is a demurrer filed by both Jamestown S...
2022.01.13 Motion to Tax Costs 694
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2022.01.13
Excerpt: ...n…” (Platypus Wear, Inc. v. Goldberg (2008) 166 Cal.App.4th 772, 787 [“Platypus”].) However, “a trial court must be wary about freely granting a party the right to file an anti‐SLAPP motion past the 60–day deadline.” (Ibid.) “In exercising its discretion in considering a party's request to file an anti‐SLAPP motion after the 60–day period, a trial court must carefully consider whether allowing such a filing is consistent wit...
2021.12.23 Motion to Enter Judgment 633
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.12.23
Excerpt: ...0 p.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 court day before the hearing, pursuant to California Rules of Court, rule 3.1308. The phone number for Department 2 is (209) 533‐6555. 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 3 of 3 This is a...
2021.12.23 Motion to Bifurcate 112
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.12.23
Excerpt: ...ican Textile (and sold at Walmart). Before the Court this day is a defense motion to bifurcate liability from damages. The defense concern is two‐fold: first, with liability being the main thrust in contention, having a trial on just this issue will avoid the cost associated with a damages phase; and second, by keeping liability separate from damages, there is less chance the jury will be improperly guided by sympathy in deciding the liability ...
2021.12.16 Motion to Strike or Tax Costs 113
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.12.16
Excerpt: ...g hit in the head by a falling pine tree – cut down by defendant. The dispute was submitted to a jury, which returned a verdict favorable to plaintiff in the amount of $37,085.00. Before the Court this day is a defense motion to tax costs and enter an amended judgment consistent with CCP §998. On 07/20/21, defendants caused to be served upon plaintiff a joint statutory offer to compromise in the amount of $40,000.00. On 08/04/21, trial commenc...
2021.12.16 Motion for Change of Venue 819
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.12.16
Excerpt: ... decision by the State Water Resources Control Board regarding clean water discharge from the Don Pedro and La Grange Projects along the Tuolumne Rover. Before the Court this day is a motion by the State Water Resources Control Board to transfer venue from here to “a neutral county” or to “an out‐of‐county judge” assigned to hear the matter here. Initially, this Court rejects the contention that the motion to transfer is time‐barred...
2021.12.16 Demurrer 001
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.12.16
Excerpt: ...f the individual defendants. The demurrer is sustained with 30 days leave to amend. First, public entities are no longer liable for “general negligence,” and can only be held accountable pursuant to statute. See Gov. Code §815; Quigley v. Garden Valley Fire Protection Dist. (2019) 7 Cal.5th 798, 803‐ 804. A viable claim must be expressly tethered to a precise statute, and none of plaintiff's three causes of action identify any such statute...
2021.12.03 Motion to Transfer Case 819
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.12.03
Excerpt: ...ge” assigned to hear the matter here. Initially, this Court rejects the contention that the motion to transfer is time‐ barred in any way. Although both sides agree that motions to transfer should occur as promptly as possible, it made sense to await consolidation of the actions before presenting the motion to change venue. Otherwise, there would need to be two separate venue motions. On to the merits … Venue rules designate a particular co...

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