Excerpt: ...a box truck northbound on S. Washington and, according to some, got into the left turn and made an unsafe “wide” right turn into the parking lot of Sonora Trading Post (intending to pull up to the loading dock). Plaintiff did not sue Weidler, but he was brought into the case by virtue of Davis' cross‐complaint. Before the Court this day is a motion by Weidler to deem the settlement he reached with plaintiff to be in good faith – thereby a...

Excerpt: ...ding in essence that decedent simply liked him better. Before the Court this day is a defense motion for what appears to be an actual substantive ruling on the ultimate question in this case, to wit: decedent's mental competency on 11/01/21 when he executed estate documents. Although defendant suggests that the statutory predicate for this motion is Evidence Code §403(b), it appears from the myriad of miscellaneous code sections cited throughout...

Excerpt: ...rious employment agreements/understandings. The operative pleading is the Second Amended Complaint, which includes a single cause of action for breach of an oral or implied‐infact contract. Before the Court this day is defendants' unopposed motion for summary judgment. Although the absence of opposition goes a long way toward justifying a grant of the motion, defendants must still demonstrate a prima facie basis for relief. See CCP §437c(b)(3)...

Excerpt: ...nd despite knowing of their claimed interests, sold it to the mobile home park where it sat (co‐defendant Rawhide Mobile Home Park). Rawhide then moved to evict the plaintiffs from the mobile home. (The UD action remains stayed. See CVL63541.) Before the Court this day is a demurrer to the operative Second Amended Complaint, which no longer includes plaintiff John Brimage (having been the subject of a dismissal entered pursuant to CCP §581(f)(...

Excerpt: ...riorated, damages and/or dilapidated property fence. Defendant filed a crosscomplaint against the railway company for allegedly damaging said fence during routine service work on railway tracks traversing defendant's property. Before the Court this day is a demurrer by Sierra Northern Railway to all four causes of action asserting within the operative First Amended Cross‐Complaint, to wit: general negligence; total implied indemnity; equitable ...

Excerpt: ...wo different issues. The petition cannot be heard at this time, and must be continued. The POS on file here indicates that the petition was personally served on someone named “Michelle” who was reportedly an authorized agent for Quincy Yaley, the Director of Community Development. Pursuant to CCP §1073, “the writ must be served in the same manner as a summons in civil action, except when otherwise expressly directed by the Court.” Althou...

Excerpt: ... stipulation. This is a personal injury action involving injuries from a horseback riding incident. Before the Court this day is plaintiff's specially‐set motion for leave to file a Second Amended Complaint. To amend a pleading already at issue, the sponsoring party is required first to seek leave of court by way of noticed motion. CCP §473(a)(1). Pursuant to CRC 3.1324, the moving party must: a) Specify in the moving papers by page, paragraph...

Excerpt: ...ght represented by a judgment by delivering a written assignment of the judgment. However, the assignee is not entitled to enforce that judgment in a court of law until the assignee has filed a proper acknowledgment of assignment or is deemed by a court to be an assignee of record. To be a proper acknowledgement, the details of the debt must be included, as well as an “acknowledged by the judgment creditor” and “documentation sufficient to ...

Excerpt: ... this Court has under submission a referee's recommendation regarding numerous discovery motions referred for initial consideration. The majority of discovery disputes between the parties involve this central question: does an injured plaintiff with liability insurance in effect on the day of an accident “establish financial responsibility as required by the financial responsibility laws of this state” (Civil Code §3333.4(a)(3)) for purposes...

Excerpt: ... which is currently scheduled as a “short cause” bench trial on 06/24/22. Although trial continuance motions are addressed to the sound discretion of the trial court, continuances are generally disfavored unless the denial will result in substantial injustice. Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5th 463, 468; Hamilton v. Orange County Sheriff's Dept. (2017) 8 Cal.App.5th 759, 766. Thus, “an affirmative showing of good cause�...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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 [email protected] 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...

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 [email protected] 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...

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:[email protected]. Absent waiver of notice and in the event an order is not signed at the hearing, ...

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:[email protected]. Absent waiver of notice and in the event an order is not signed at the hearing, ...