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224 Results

Location: Tuolumne x
2024.03.15 Motions in Limine 591
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2024.03.15
Excerpt: ...ich require adva nce determination. No such stipulation having been filed; the hearing is evidently moot. Nevertheless, this Court notes for the benefit of the parties that different kinds of motions in limine call for different kinds of treatment. There are two types of motions in limine: evidentiary, and dispositive. For the former, the purpose is to preclude the presentation of evidence deemed inadmissible and/or prejudicial without having t...
2024.02.23 Motion to Compel Arbitration 688
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2024.02.23
Excerpt: ...is of the contract and the burdens of proof is required. On a motion to compel arbitration under CCP §1281 et seq, the moving party has the initial burden of demonstrating by a preponderance of the evidence that the parties have indeed agreed to resolve the pending dispute by way of arbitration. The existence of such an agreement is determined under standard rules of contract interpretation. See Engalla v. Permanente Medical Group, Inc. (1997) 1...
2024.02.23 Motion for Summary Judgment 737
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2024.02.23
Excerpt: ...te in the property (in this case a mobile home in Jamestown). The property was inventoried as decedent's primary intestate asset (PR12032). Defendant is the decedent's son, and personal representative of her estate. Defendant sought to have plaintiffs evicted from the property (see CVL64760) so that the property could be sold to cover decedent's sizable debts. Both the Probate and the Unlawful Detainer actions are awaiting resolution of this civi...
2024.02.23 Motion to Deem RFAs Admitted 610
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2024.02.23
Excerpt: ...agreed to purchase APN 034 -031047 – a reasonably modern 2,000 sq ft home on a 13 -acre parcel near Flume Road. The details are imprecise, but apparently plaintiff agreed to be personally responsible for the commissions due to the listing agent, and agreed to giv e that agent a secured note against the property for a portion of that commission. On 11/16/23, the defendant caused to be served upon plaintiff a set of RFAs. She failed to serve resp...
2024.02.16 Motion for Summary Adjudication and Related Motions 273
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2024.02.16
Excerpt: ... of it s first cause of action for partition; 2) Monetary sanctions by LBG Trust regarding certain affirmative defenses set forth in Darryl's verified answer filed 08/29/23; 3) Summary adjudication by LBG Trust in favor of Darryl's fourth cause of action in his c ross-complaint; 4) Summary adjudication by Richard for adjudication on Darryl's cross -complaint. The salient facts are as follows:   Richard Sr. had done well for himself in li...
2024.02.16 Application for Writ of Possession 820
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2024.02.16
Excerpt: ...otion for provisional relief in the form of a writ of possession. Plaintiff has effectuated service of the summons upon Roger, and alleges to have subserved Regina (albeit in the WalMart parking lot), but has yet to secure any kind of service upon Bryce Bamber. Th e motion for a writ of attachment does not include a completed proof of service (see CCP §512.020), so as far as this Court can tell Bamber has no notice of this lawsuit (let alone of ...
2024.02.09 Petition for Declaratory Relief 655
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2024.02.09
Excerpt: ...e subject- matter jurisdiction, it must appear from the veriÞed pleading that petitioner is entitled to “a declaration of his or her rights or duties with respect to another … including a determination of any question of construction or validity arising” thereunder. CCP §1060. Petitioner here contends that he has a dispute with the Italian Consulate General regarding his application for Italian citizenship, and that he seeks an order “t...
2024.02.02 Motion to Enter Judgment 119
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2024.02.02
Excerpt: ...ursuant to the terms of the settlement. The statute “was enacted to provide a summary procedure for speciÞcally enforcing a settlement contract without the need for a new lawsuit.” Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 809. Not every settlement agreement is amenable to enforcement by way of this summary proceeding; sometimes, the parties will need to amend the operative pleading or Þle a new lawsuit. See Khavarian...
2024.01.26 Discovery Motions 803
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2024.01.26
Excerpt: ...essing ten (10) sets of discovery. Since plaintiff is applying for ten distinct orders, there are ten motions here. See CCP 51003. Pursuant to Govt Code 570617, plaintiff must tender $60 for each motion, even if the motions are heard together. In other words, although commingled memoranda are permissible (and sometimes even preferable), counsel still had to tender ten filing fees. Only two $60 filing fees were tendered, which means only two order...
2024.01.19 Demurrer 790
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2024.01.19
Excerpt: ...e country have seen similar lawsuits, with mixed results. Plaintiff alleges that he contracted Covid-19 three times: twice while housed at the California Correction Institution ("CCI"); and a third time while housed in dorm 26 at the Sierra Conservation Camp ("SCC"). Plaintiff does not seem to take issue in this litgation with the conditions at CCI, and instead contends that he was extra-susceptible to long-term Covid ailments when he arrived at ...
2024.01.05 Motions for Leave and Reclassification 454
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2024.01.05
Excerpt: ...3. In the face of a Demurrer, plaintiff filed a First Amended Complaint. Plaintiff now seeks leave to file a Second Amended Complaint. Procedurally, to amend a pleading already at issue, the sponsoring party is required first to seek leave of court by way of noticed motion. CCP S The moving party must specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and include with the moving p...
2024.01.05 Motion for Statutory Attorney Fees 053
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2024.01.05
Excerpt: ...g this moton requires a judicial leap of faith. To preserve the right to recover statutory legal fees as part of a default judgment, the amount sought must be set forth either in the operative pleading or in the Request for Entry of Default. In addition, the party seeking a default judgment must apply for all relief sought, including attorney fees and costs, in the application for entry of default. The court may not award such fees and/or costs i...
2023.12.29 Demurrer 501
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.12.29
Excerpt: ... opposition on file, nor any First Amended Complaint — even though plaintiff is well-aware of the pending demurrer and previously indicated an intent to oppose or render moot (see Plaintiff's CMC Statement Para. 15 and 19.b.). Since it is not this Court's practice to give a free informative treatise covering the salient issues when one party fails to oppose, the issues raised by the defense are sound. First, a promise to repay a loan via testam...
2023.12.29 Motion to Enter Judgment 119
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.12.29
Excerpt: ... to the terms of the settlement. The statute "was enacted to provide a summary procedure for specifically enforcing a settlement contract without the need for a new lawsuit." Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 809. Not every settlement agreement is amenable to enforcement by way of this summary proceeding; sometimes, the parties will need to amend the operative pleading or file a new lawsuit. See Khavarian Enterprise...
2023.12.29 Demurrer, Motion to Strike 466
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.12.29
Excerpt: ...t. The challenge is limited to the "four corners" of the pleading (which includes exhibits attached and incorporated therein), or from matters outside the pleading which are judicially noticeable. The complaint is read as a whole. Material facts properly pleaded are assumed true, but contentions, deductions or conclusions of fact/law are not. In general, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, i...
2023.12.22 Motion to Set Aside Default 998
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.12.22
Excerpt: ...tuated personal service upon the defendant's agent for service of process (CT Corp). Plaintiff made no effort to move this forward. On 04/28/23, co-defendant James Brand filed a Chapter 7 Petition in the United States Bankruptcy Court. One week later, his attorney filed in this Court a Notce of Stay of Proceedings. On 06/22/23, plaintiff's counsel failed to appear at the MSC. The following day, he filed a declaration explaining that he "assumed t...
2023.12.22 Motion for Summary Judgment 737
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.12.22
Excerpt: ...ant, as decedent's personal representative, sought to have plaintiff evicted from the property (see CVL54760). Both actions are awaiting resolution of this civil action. Before the Court today is defendant's motion for summary judgment, which has been on file with this Court since 10/06/23. No opposition was ever filed. However, on 12/11/23, plaintiffs filed what amounts to an ex parte request to continue the hearing on the motion based upon (1) ...
2023.12.22 Application to Continue Trial and Related Dates 271
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.12.22
Excerpt: ...rial is supposed to begin on 02/25/24. Before the Court this day is an unopposed ex parte application to continue the current trial date, and all related dates associated therewith (MSC, discovery cut-off, etc.). In civil cases, "continuances of trials are disfavored." CRC 3.1332(c). A trial court "may grant a continuance only on an affirmative showing of good cause requiring the continuance." ld. A request to continue a trial must be supported b...
2023.12.15 Motion for Terminating Sanctions 883
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.12.15
Excerpt: ...this day is a motion by plaintiff for "terminating sanctions" — though the motion itself is somewhat unclear. Plaintiff makes mention of defendant's repeated shortcomings in this case, but does not tether those to a specific statute permitting some kind of "terminating" sanction, or what that sancton would actually look like (strike her answer?). A historical review of the case is now warranted. Defendant attempted to make a first general appea...
2023.12.08 Motion to Continue Trial 645
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.12.08
Excerpt: ...de 58386). Before the Court this day is defendant's second request to continue trial, which is currently set for 12/18/23. Plaintiff has recently added by Doe Amendment a new party to the case (Nate's tree Service), even though defendant was aware of that party some time ago (see LaForge Dec. dated 07/12/22). In civil cases, "continuances of trials are disfavored." CRC 3.1332(c). A trial court "may grant a continuance only on an affirmative showi...
2023.12.08 Motion for Sanctions 273
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.12.08
Excerpt: ...rd in his favor. Pursuant to CCP 5128.5, a trial court may sanction a party/attorney for engaging in subjectively bad faith litigation tactics that are (1) totally and completely without merit, (2) solely intended to cause unnecessary delay, or (3) solely intended to harass. See Marriage of Sahafzadeh-Taeb & Taeb (2019) 39 Cal .App.5th 124, 134-135. Pursuant to CCP 5128.7, a trial court may sanction a party/attorney for presenting papers that are...
2023.12.08 Motion for New Trial 804
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.12.08
Excerpt: ...s 13100 Hog Mountain Road (hereinafter "Parcel 1"); A 160-acre parcel identified as APN 065-030-002, and commonly referred to as 13130 Hog Mountain Road (hereinafter "Parcel 2"). Despite their magnificence, the topography on Hog Mountain was such that the only place anpne could easily develop the properties was at the "top of the hill." It also just so happened that the "top of the hill" was where the 87-acre Parcel 1 and the 160-acre Parcel 2 ca...
2023.12.01 Motion to Continue Trial 645
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.12.01
Excerpt: ...defendant's second request to continue trial, which is currently set for 12/18/23. The moving papers were filed on 11/15/23; however, the papers do not include any proof of service to plaintiff. Since this Court would expect plaintiff to have an opinion hereon, this Court must treat the motion as an ex parte application, demanding a certain degree of exigency to proceed on the merits. Since counsel subbed in more than two months ago, the exigency...
2023.11.15 Application for Issuance of Formal Judgment 636
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.11.15
Excerpt: ...st and passed to their daughter Patricia and their three grandchildren in equal 25% shares. All four held their interests in their own trust as tenants in common. Patricia died in 21W6, leaving her share (25%) to her three children (Lee, Deniece, Price) in equal shares (33.33%) but with the following restrictions: • Price "continue using" the Calf Pasture, Rushing Mountain, Pipeline Field, Bull Field, and the property in the mountains "as curre...
2023.10.27 Motion to Compel Responses, Demurrer, Motion to Strike 938
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2023.10.27
Excerpt: ...defendant filed with this Court a copy of his first set of special interrogatories. While there is no proof of service on that filing, the presumption is that defendant intended to initiate fact-finding pursuant to the Civil Discovery Act. On 08/30/23, defendant filed a motion to compel responses to Special Interrogatories. The Notice accompanying the motion indicated that it was set for hearing on 10/20/23 (although that differs from the court r...

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