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38 Results

Location: Tuolumne x
2020.03.24 Motion for Summary Judgment, Adjudication 881
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2020.03.24
Excerpt: ...ivision (p)(2) by citing what it asserts are “factually devoid” responses to discovery requests (Union Bank v. Superior Court (1995) 31 Cal.App.4th 573, 590; Krantz v. BT Visual Images, L.L.C. (2001) 89 Cal.App.4th 164, 170‐ 172), the instant motion is denied as to each cause of action in CSAA's complaint, as well as to the cross‐complaint of Gilroy Auto Outlet, Inc., dba Modesto Subaru (hereafter Modesto Subaru), because there are triabl...
2020.03.10 Motion to Compel Further Responses, for Monetary Sanctions 285
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2020.03.10
Excerpt: ... this motion. Plaintiff is awarded $2,000 as a monetary sanction (reduced from the $6,172.50 sought) against Ross and its counsel. (Code Civ. Proc., § 2033.290, subd. (d).) The monetary sanction shall be paid within 20 days of service on Ross and its counsel of a copy of the order on this motion. Analysis On January 3, 2020, Plaintiffs requested an informal discovery conference regarding responses from Defendant Ross Dress for Less, Inc. (hereaf...
2020.03.03 Motion to Consolidate Cases 358
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2020.03.03
Excerpt: ... the Delores M. Delaney Living Trust. The complaint alleges causes of action for breach of contract, unjust enrichment/quantum meruit, constructive trust, injunctive relief, and declaratory relief. Delores Delaney filed an answer on May 28, 2019, in her individual capacity and in her capacity as trustee. Shea Garrett filed an answer on June 17, 2019, in his capacity as trustee of the same trust. Plaintiff filed a petition pursuant to Probate Code...
2020.01.07 Motion for Summary Judgment, Adjudication 069
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2020.01.07
Excerpt: ...e to the exhibit, title, page, and line numbers.” Defendant failed to include the exhibit number of the evidence cited in support of most of its 157 undisputed material facts. Where exhibit numbers were included, Defendant failed to include the title (or description) of the evidence and, where applicable, page numbers for multiple‐page exhibits. One of the reasons for this rule is to facilitate the Court's efficient location of the evidence c...
2019.10.29 Demurrer 059
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.10.29
Excerpt: ...t the parties based on the Court's review of the papers prior to the hearing date and should not be construed as a tentative ruling: The Court intends to SUSTAIN the unopposed demurrer without leave to amend. Plaintiff has failed to plead facts demonstrating or excusing compliance with the claimpresentation requirements of the Government Claims Act and thus has failed to state a cause of action. (State of California v. Superior Court (2004) 32 Ca...
2019.10.1 Motion to Compel Further Responses, that Truth of Matters be Deemed Admitted, for Sanctions 695
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.10.1
Excerpt: ...ED as to the second and third grounds. (The Court notes that Defendants withdrew the first ground for the motion regarding the lack of verification, as the amended responses served on July 29, 2019, were verified.) As to the second ground, the Court finds that all objections were waived based on (1) Plaintiff's failure to serve timely responses (Code Civ. Proc., § 2030.290, subd. (a)) and (2) evidence that Defendants, in allowing Plaintiff addit...
2019.7.30 Motions to Compel Further Responses, that Truth of Matters be Deemed Admitted, for Sanctions 695
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.7.30
Excerpt: ...ors, L.L.C. Motions filed: March 26, 2019 (hearings continued from May 10, 2019) Motion #3: Motion that Truth of Matters Be Deemed Admitted and for Payment of Sanctions Moving parties: Defendants 80 Oak Hills Apartments, L.P.; 80 Columbia Village Townhomes, L.P.; and 60 Forest View Senior Housing, L.P. Motion filed: March 26, 2019 (hearing continued from May 10, 2019) Tentative rulings: No tentative rulings are available regarding the above three...
2019.7.23 Motion to Compel Arbitration 561
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.7.23
Excerpt: ...eement containing the arbitration provision was entered into in the context of severance of employment. It was not an agreement for employment. Labor Code section 925 has no application in this context. Comment According to the caption thereof, Attorney Charles Stoner filed the opposition to the instant motion on behalf of Bryan Gerdau, Jennifer Gerdau, Jeffery Wagner, Charles “Stern,” and Kristin “Stern.” However, at the time of the Cour...
2019.7.10 Motion for Judgment on the Pleadings 733
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.7.10
Excerpt: ...s Plaintiff appears to have understood the instant motion to target the first amended complaint (FAC) filed on March 15, 2019, the Court has analyzed the motion as applied to the FAC. The motion targets all four causes of action in the FAC for failure to state a cause of action. As a general matter, the Court has disregarded all purported statements of fact that appear in Defendant's moving and reply papers that go beyond or are different from th...
2019.7.2 Motion to Set Aside Default, for New Trial 940
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.7.2
Excerpt: ...y 13, 2016. (Motion at 7:11‐12.) However, it asserts that service was “ineffective” because Defendant Leslie Allen, who is the sole owner of RPM LLC (4/24/19 Allen decl. ¶ 2), “never received the summons/complaint from this action from Mr. Willis.” (Motion at 7:13‐16.) For this proposition, RPM LLC cites National Equipment Rental, Limited v. Szukhent (1964) 375 Tentative Rulings: Department 4 Tuesday, July 2, 2019 Civil Law and Motio...
2019.6.28 Demurrer 231
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.6.28
Excerpt: ...laint alleges a single cause of action, described as “civil debt for administrative penalties.” It arises out of administrative penalties imposed by a “Final Abatement Order and Demand for Payment” dated July 17, 2018, that was issued by the Tuolumne County Board of Supervisors for illegal cultivation of cannabis and related violations of the Tuolumne County Ordinance Code. (Complaint at exhibit F.) Defendants are alleged to owe a debt of...
2019.5.10 Motion to Compel Responses 695
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.5.10
Excerpt: ...bruary 4, 2019 Tentative rulings: The motion to compel regarding form interrogatories is GRANTED. Sanctions in the amount of $945 are awarded as requested. The motion to compel regarding special interrogatories is GRANTED. Sanctions are awarded in the amount of $1,200. The motion to compel regarding production of documents is GRANTED IN PART and DENIED IN PART, as set forth below. Analysis On March 19, 2019, the Court granted WinnCompanies relief...
2019.4.26 Motion for Summary Judgment, Adjudication 207
Location: Tuolumne
Judge: Seibert, Kevin
Hearing Date: 2019.4.26
Excerpt: ...ive ruling: The Court intends to DENY the motion for summary judgment for two reasons. First, Defendants failed to file evidence supporting their argument and separate statement of undisputed material facts that Plaintiff did not file his complaint within the applicable limitations period; the version of exhibit 4 to the Lewis declaration that was filed on January 25, 2019, stops at page 003. Second, Defendants presented no argument regarding Pla...
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 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 ...
2019.3.1 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). ...
2019.2.22 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 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 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...

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