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69 Results

Location: Tuolumne x
2021.10.21 Motion for Leave to File Complaint, to Continue Trial 140
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.10.21
Excerpt: ...or 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) 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. Page 2 of 4 This is a personal injury action, arisi...
2021.10.14 Motion to Quash or Modify Subpoena for Records 114
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.10.14
Excerpt: ...poenas for Plaintiff's Health Insurance Records, etc. Moving Party: Plaintiff Motion filed: October 1, 2021 Tentative ruling: Motions are continued to December 2, 2021, at 1:30 p.m., in Dept. 1, at 12855 Justice Center Drive, Sonora, CA. Parties are ordered to meet and confer with genuine attempt at resolving the discovery issues before them. The parties shall file at least 10 calendar days prior to Dec. 2, 2021, a joint statement – not to exce...
2021.09.23 Motion for Summary Judgment 140
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.09.23
Excerpt: ...gainst it. Plaintiff contends that a section of Chicken Ranch Road just west of Nelson Road is a dangerous condition of public property because (1) there are no roadway markings prohibiting cars from passing one another and (2) overgrown foliage adjacent to a bend in the road makes the risk of injury while passing other vehicles substantial due to a limited line of sight (aka “blind curve”). Defendant counters that the absence of roadway mark...
2021.09.23 Demurrer to TAC 387
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.09.23
Excerpt: ...unfulfilled expectations for use of land acquired for development. Before the Court this day is a demurrer by both defendants, directed at the operative Third Amended Complaint. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein), or from matters outside the pleadin...
2021.08.17 Motion for Leave to Amend 537
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.08.17
Excerpt: ... file a First Amended Complaint. The original complaint was filed 12/31/20, and contains what appeared to be two causes of action: one for property damage, and one for contempt. Plaintiffs request leave to add a new cause of action for quiet title over the ongoing boundary dispute, as well as a revised identification of the proper defendant party. Plaintiffs' first motion for leave was denied without prejudice due to a myriad of procedural defect...
2021.07.27 Motion for Preliminary Approval of Class Action Settlement 506
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.07.27
Excerpt: ...hospitality industry. The operative pleading is the First Amended Complaint, which contains seven (7) causes of action and a single proposed class as follows: “all persons employed by Defendant First Light Resorts, LLC in a non‐exempt position at Rush Creek Lodge in Groveland, California, between 12/11/16 and 03/16/21.” The operative pleading was first filed on 06/09/21, which predates the pending motion by three weeks. Before the Court thi...
2021.07.27 Demurrer 940
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.07.27
Excerpt: ...represented individual on 01/22/20. He seeks recovery in the pecuniary amount of $10M. Before the Court this day is a defense demurrer to the operative pleading, which is the First Amended Complaint filed 03/23/20. The pleading is on a Judicial Council form, and includes two causes of action: one for negligence, and another for “intentional tort.” The FAC fails to designate defendant capacities, which is complicated by the fact that plaintiff...
2021.07.13 Motion to Strike 593
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.07.13
Excerpt: ...sis for the motion more closely resembles a plea in abatement under CCP §430.10(c) than a true motion to strike, for the reasons which follow, the motion for relief is MOOT. Procedural Background On January 5, 2021, plaintiff Stanley Redick III (hereinafter “plaintiff”) commenced a civil action for damages against Lowe's, relating to the referenced 2018 incident. That filing was assigned case number CV63539. This case has since been removed ...
2021.07.13 Motion to Strike 209
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.07.13
Excerpt: ...t interest set forth in the Judicial Council form complaint at Paragraph 11.g. For the reasons which follow, the motion is denied. Before reaching the merits, it is important to point out that defense counsel failed to faithfully discharge his statutory obligation to meet and confer prior to filing the motion to strike. Pursuant to CCP §435.5(a), “before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer...
2021.07.13 Demurrer 312
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.07.13
Excerpt: ...osition has been filed. For the reasons which follow, the demurrer to the 2nd cause of action for intentional tort is SUSTAINED without leave to amend, but without prejudice to later motion for leave to amend if the facts discovered so warrant. Defendants to answer in 10 days. Legal Analysis by Demurrer of the Cause of Action for Intentional Tort A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the com...
2021.06.29 Petition for Writ of Mandate 819
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.06.29
Excerpt: ...unty of San Francisco (CV63828), which is set for a hearing on 08/17/21. Based on a review of the operative pleadings, is does appear that the two cases involve the same controversy and are likely to require substantial duplication if resolved separately. A Notice of Related Case has been filed, and the time to Tentative Rulings: Department 2 Tuesday, June 29, 2021 Civil Law and Motion Calendar 8:30 a.m. If you wish to appear for oral argument, y...
2021.06.29 Motion for Preferential Trial 744
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.06.29
Excerpt: ...According to proofs of service filed herein, each of the four named defendants was personally served with the summons and complaint as follows:  Avalon Care Center – Sonora (04/12/21)  Avalon Health Care Management (04/12/21)  Avalon of California, LLC (04/12/21)  Genesis Leininger (04/19/21) Since a trial court gains personal jurisdiction over a putative defendant upon service of the summons, and there being no facial defect in the...
2021.06.22 Motion to Strike Complaint 592
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.06.22
Excerpt: ...d of reasons, the default/judgment were void ab initio and must be set aside. The motion is GRANTED. Procedural Background On 01/19/21, plaintiff Stanley Redick III (hereinafter “plaintiff”) commenced the pending civil action for damages, naming “Tuolumne County Jail” as a defendant therein. Plaintiff described Tuolumne County Jail as (1) “a business organization, form unknown,” (2) “a public entity,” and (3) “a corporation or u...
2021.06.22 Motion to Quash Business Records, to Compel Deposition of PMQ 114
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.06.22
Excerpt: ...ction of business records. Discovery demanded from a nonparty will generally be more limited, and consequently less subject to lengthy dispute, than discovery demanded from a party. See CCP §§ 1987(a), 2020.220(a), 2020.430; Board of Registered Nursing v. Superior Court (2021) 59 Cal.App.5th 1011, 1030‐1032; Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 130. Here, there are two non‐party subpoenas at issue, both issued by the d...
2021.06.15 Motion for Leave to File FAC 295
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.06.15
Excerpt: ...amend is DENIED. The motion is post‐trial and is not brought for the purpose of conforming to proof at trial. The motion is also DENIED because it does not contain a proposed amended complaint, nor does it contain a declaration indicating: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was...
2021.05.25 Demurrer 592
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.05.25
Excerpt: ...ve been accepted for filing by the Court Clerk's office. 2. Code of Civil Procedure section 430.10(c) provides that a party against whom a Complaint has been filed may object by Demurrer to the pleading on the ground that there is another action pending between the same parties on the same cause of action. Plaintiff's other lawsuit filed in this Court, Case No. CV63593 against the Tuolumne County District Attorney's Office appears to arise from t...
2021.04.20 Motion for Preliminary Injunction 603
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.04.20
Excerpt: ...haracterizing as a “paradigmatic case” for granting an irrevocable license one in which a landowner allows his neighbor the right to use a right‐of‐way over his property, knowing the neighbor needs that right to develop his property, but then seeks to revoke the neighbor's permissive usage after the neighbor has built a house in reliance on the landowner's acquiescence]; Cooke v. Ramponi (1952) 38 Cal.2d 282 [plaintiffs were granted an ir...
2021.04.13 Demurrer 180
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.04.13
Excerpt: ... for the parties to meet and confer as required by statute. If resolution of the issues raised in the demurrer was achieved through the meet‐and‐confer process, Defendant's counsel was ordered to promptly inform the Court and request that the demurrer be dropped from calendar. If resolution was not so achieved, Defendant's counsel was ordered, no later than two weeks prior to the next hearing (i.e., March 30, 2021), to file a declaration that...
2021.03.30 Petition to Compel Binding Arbitration, for Stay of Further Proceedings 427
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.03.30
Excerpt: ...the parties and to stay these proceedings. Plaintiffs contend that the contract between the parties violates the requirements of Business & Professions Code section 7159, which sets forth the terms that a licensed contractor must include in this type of construction contract. Plaintiffs claim that since the contract does not satisfy this code section, the contract is invalid. While the contract may arguably be voidable since Plaintiffs are the on...
2021.03.16 Motion for Summary Judgment 515
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.03.16
Excerpt: ...into a walking path. (3/2/21 O'Connor decl. ¶¶ 3‐4.) While Defendant asserts the wheel stop was not “concealed” (Fact 11), Defendant's own photographic evidence of the wheel stop tends to support aspects of Plaintiff's description of blending into the surrounding environment due to its composition and the light conditions (12/30/20 Mendoza decl. & exhibits). Based on this evidence, the Court cannot make a determination that no reasonable ...
2021.03.09 Renewed Motion for Summary Judgment 695
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.03.09
Excerpt: ...cates its tentative ruling on the renewed MSJ. A hearing has been set for February 9, 2021, at 8:30 a.m. should Winn and/or Plaintiffs request oral argument. The Court concludes that Winn failed to meet its initial burden of showing that the causes of action alleged against it have no merit. (Code Civ. Proc., § 437c, subd. (p)(2).) In undertaking its analysis, the Court has considered the moving papers from all of the dates set forth above, as w...
2021.03.02 Demurrer 288
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.03.02
Excerpt: ...and‐ confer process prior to the filing of the demurrer. Plaintiff is granted 20 days leave to amend the FAC to resolve those two errors. Given the centrality of the exhibits to all three of Plaintiff's causes of action and the uncertainty—at best—and impossibility—at worst—of evaluating the attacks on and defenses of the sufficiency of the allegations of the FAC without those exhibits, the demurrer is overruled without prejudice as to...
2021.02.23 Motion for Judgment on the Pleadings 069
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.02.23
Excerpt: ...s attempted application of Lowry v. Port San Luis Harbor District (2020) 56 Cal.App.5th 211 to the instant case. The Lowry opinion does not discuss whether a new cause of action added to an existing complaint after the rejection of a government claim is barred by the Government Claims Act, and the Court does not understand that issue to have been one raised by the facts of Lowry. In the instant case, Plaintiff amended his complaint to add the FPB...
2021.01.26 Demurrer 950
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2021.01.26
Excerpt: ...prior to the hearing date and should not be construed as a tentative ruling: On or around January 11, 2021, the Court received from Plaintiff, proceeding in pro per, a paper titled “Motion to Dismiss without Prejudice,” which reflected her request to “dismiss all causes of action in the complaint without prejudice.” Plaintiff appears to have intended to cite section 581 of the Code of Civil Procedure in support of her “motion.” This r...
2020.12.08 Motion to Vacate Default Judgment, Application for Renewal of Default Judgment 920
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2020.12.08
Excerpt: ...papers prior to the hearing date and should not be construed as a tentative ruling: The Court intends to deny the motion on the basis of inadequate evidence of improper service of the summons and complaint. The parties are not expected to notify the Court or each other of an intention to appear on December 8, 2020. ...

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