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8 Results

Location: Plumas x
2021.02.22 Demurrer 156
Location: Plumas
Judge: Prouty, Douglas
Hearing Date: 2021.02.22
Excerpt: ...gful death, gross negligence and negligence are premised upon Labor Code §3706 and therefore, the 3 year statute of limitations for causes of actions based upon statute in C.C.P. §338(a) applies to each of these causes of action. First, in considering a general demurrer to a cause of action, it has long been held that all material facts alleged in the complaint are assumed to be true. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A court may susta...
2020.05.27 Motion to Disburse Funds 106
Location: Plumas
Judge: Prouty, Douglas
Hearing Date: 2020.05.27
Excerpt: ... Judgrnent also ordered that defendant Sandra Mast ("Mast") pay to DeAlba, the successor trustee, the remaining balances due under the two prornissory notes payable to Kuneman. The Judgment has been appealed by Kuneman, but no bond has been nosted. On October 15,2019, pursuant to an ex parte application and order, Mast satisfied the Judgment against her by depositing all sums ordered payable to DeAlba with the Court. By this motion, plaintiffs, t...
2020.05.27 Motion to Compel Production of Records 006
Location: Plumas
Judge: Prouty, Douglas
Hearing Date: 2020.05.27
Excerpt: ...0, l9 days after the filing of the Complaint, plaintiff, as his own counsel, served a subpoena duces tecum on the custodian of records of an agency of CCSF. This was necessarily within the discovery hold peiod of Code of Civil Procedure section 2025.210@), which provides: The plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. On motion wi...
2020.04.27 Motion to Strike 192
Location: Plumas
Judge: Prouty, Douglas
Hearing Date: 2020.04.27
Excerpt: ...fore the close of business on June l, 2020, in accordance with this Court's Ruling. Summary of the Case. Plaintiff alleges that on November 24, 2018, Plaintiff was walking in a crosswalk in Portola and was struck by Defendant's vehicle and then fled the scene before law enforcement arrived. Plaintiff filed this Complaint on the Judicial Council form based on two causes of action alleging negligence and gross negligence on the part of Defendant Ma...
2019.11.13 Motion to Consolidate 193
Location: Plumas
Judge: Prouty, Douglas
Hearing Date: 2019.11.13
Excerpt: ...two cases and stays the unlawful detainer proceeding on the condition that AVA pays any all sums which come due under the terms of the lease between the parties, including the monthly rent under the lease which shall be paid on or before the 15th of each month, beginning on November 15, 2019. Upon the default of AVA as to any such monthly 2 payment, the County is authorized to file an application that the stay be lifted and the unlawful detainer ...
2019.10.28 Motion to Compel Responses 057
Location: Plumas
Judge: Prouty, Douglas
Hearing Date: 2019.10.28
Excerpt: ...rs without objection to Special Interrogatories 1‐35 is granted. The Defendant's Motion Compelling Plaintiff to respond to Requests for Production of Documents 1‐14 without objection is granted. Plaintiff is to serve those responses on or before the close of business on November 29, 2019. Pursuant to Code of Civil Procedure §2023.020, this Court finds that Plaintiff has failed to meet and confer to discuss these requests for discovery and th...
2019.10.28 Demurrer, Motion to Strike 076
Location: Plumas
Judge: Prouty, Douglas
Hearing Date: 2019.10.28
Excerpt: ...in 2015, which was allegedly caused by the Roses, who are Plaintiffs' neighbors. The Complaint alleges the fire destroyed the Plaintiffs' home and personal property. Additionally, Plaintiffs' allege that since the fire the Roses have continued to trespass on their property and caused another fire on Plaintiffs' property earlier this year. Plaintiffs' filed this lawsuit and in the sixth and seventh causes of action of their First Amended Complaint...
2019.8.12 Motion to Compel Further Responses 096
Location: Plumas
Judge: Prouty, Douglas
Hearing Date: 2019.8.12
Excerpt: ...orth below. Defendant's concurrent motion for monetary sanctions against Plaintiff's counsel, Michael Jackson, and Plaintiff, pursuant to Code of Civil Procedure section 2031.310 in the amount of $1,560.00 is granted as set forth below. The First Amended Complaint alleges two causes of action. The First Cause of Action alleges that L.L. Capital breached the Ex. A Joint Venture Agreement with Plaintiff. The second cause of action alleges a common ...

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