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364 Results

Location: El Dorado x
2021.05.07 Petition to Compel Arbitration and Stay Civil Action 469
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.07
Excerpt: ...g Clark agreed to provide defendant Joshua Williams a loan in connection with a construction project at 2040 West Green Springs Road in El Dorado Hills (“Subject Property”). (Compl., ¶ 9.) Subsequently, Williams convinced Clark to invest in additional construction projects at other properties located on West Springs Road. (Id., ¶ 14.) Clark and Williams amended their original agreement, including that Clark agreed to furnish all necessary f...
2021.05.07 Motion to Compel Attendance and Testimony, for Monetary Sanctions 157
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.07
Excerpt: ... discovery. (Declaration of Adam Dolce in Support of Motion, Exhibit. B, p. 6.) After back‐and‐forth emails, counsel were not able to resolve the dispute. (Plaintiff's Exhibit B, pp. 1–7.) Thereafter, plaintiff unilaterally noticed Dr. Norman's deposition for February 3, 2021. (Plaintiff's Exhibit A.) On January 25, 2021, Dr. Norman served his objection to the deposition notice asserting that discovery was closed, the deposition was unilate...
2021.05.07 Demurrer 027
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.05.07
Excerpt: ... (1983) 35 Cal.3d 197, 213.) All properly pleaded allegations of fact in the complaint are accepted as true, but not the contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A judge gives “the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Ibid.) Additionally, “facts appearing in exhibits attached to the complaint will also be accepted as true an...
2021.04.30 Motion to Compel Further Responses, for Sanctions 010
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.04.30
Excerpt: ... comply with court order. To date, there is no opposition or any type of response from defendant in the court's file. Motion to Compel Further Responses Request No. 22: Denied. Request No. 23: Granted. Request No. 24: Granted. Request No. 25: Granted. Request No. 27: Granted. Request No. 28: Granted. Request No. 29: Granted. Request No. 30: Granted. Accordingly, plaintiffs' motion is granted in part and denied in part. Having reviewed and conside...
2021.04.30 Motion for Summary Judgment 661
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.04.30
Excerpt: ...s entitled to possess the property and defendant remains wrongfully in possession of the property preventing the plaintiff California State Grange from enjoying peaceful possession of the property since December 12, 2019, and claim and delivery for personal property that defendant allegedly retained possession of after transfer of the personal property to plaintiff by operation of the Grange laws when the Pleasant Valley Grange Charter was revoke...
2021.04.23 Motion to Strike Complaint 548
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.04.23
Excerpt: ...ing grounds: all of defendant's alleged conduct involved the underlying family court case in which defendant was appointed as the court ordered reunification therapist to assist the family reunification as part of the court's custody determination and, therefore, are statements made in connection with issues under consideration if the court which are protected activities under Code of Civil Procedure, § 425.16(e)(2); alleged reports are also pro...
2021.04.23 Motion for Summary Judgment 261
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.04.23
Excerpt: ...ary judgment on the following grounds: plaintiff owed no duty to supervise or prevent her son who occupied one of the units from smoking inside or outside his own residence; there is no evidence to support plaintiff's theory that the subject fire started when defendant Vaughn Cook discarded a lit cigarette onto a couch underneath plaintiff's balcony; and plaintiff can not establish that defendants Veronica Cook, the landlord, and her property man...
2021.04.23 Demurrer 024
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.04.23
Excerpt: ...y references to current COVID‐19 protection statutes; the court is prohibited by the COVID‐19 Tenant Relief Act of 2020 from finding a tenant guilty of unlawful detainer before June 30, 2021; plaintiff failed to allege any reason for eviction that meets the requirements of the COVID‐19 Tenant Relief Act of 2020 that allows a court to enter a judgment of unlawful detainer; and terminating a tenancy so that the landlord can move into the hous...
2021.04.16 Motion to Vacate Dismissal and Enter Judgment 113
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.04.16
Excerpt: ...upon request of the parties. Plaintiff moves to vacate the conditional dismissal and enter judgment pursuant to the terms of the settlement agreement on the following grounds: while defendant made payments in the amount of $2,600 toward the settlement amount of $9,750, defendant is in default of his obligation to make payments on the remaining settlement balance; on October 15, 2020 plaintiff's counsel emailed defense counsel notice of the defaul...
2021.04.16 Motion to Compel Deposition 157
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.04.16
Excerpt: ...tion of Adam Dolce in Support of Motion, Exhibit. B, p. 6.) After back‐and‐forth emails, counsel were not able to resolve the dispute. (Plaintiff's Exhibit B, pp. 1–7.) Thereafter, plaintiff unilaterally noticed Dr. Norman's deposition for February 3, 2021. (Plaintiff's Exhibit A.) On January 25, 2021, Dr. Norman served his objection to the deposition notice asserting that discovery was closed, the deposition was unilaterally noticed, and t...
2021.04.09 Motion for Judgment on the Pleadings 067
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.04.09
Excerpt: ... from a written agreement to furnish labor and materials for improvements to certain real property. On March 4, 2020 defendants Ghalambor and Ehsani as trustees of the Masoud Ghalambor and Ladan Ehsani Living Trust filed a cross‐complaint against defendant/crossdefendant Brown for breach of contract, recovery of money paid to unlicensed contractor, international misrepresentation, negligent misrepresentation, concealment of facts, unfair busine...
2021.04.02 Demurrer 533
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.04.02
Excerpt: ...ndants' demurrer to the complaint. Request for Judicial Notice Defendants' request for judicial notice (“RJN”) of Exhibits 1 and 2 is granted. (Evid. Code §§ 452(d)(1), (h) and 453.) Allegations of the Complaint Plaintiffs are named beneficiaries of the Trust, along with their brother Thomas Hubbard.2 (Compl., ¶ 1.) Plaintiffs have pending petitions against Thomas in the probate court (EDC Superior Court Case No. PP‐20190244) arising fro...
2021.04.02 Motion for Attorney Fees 081
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.04.02
Excerpt: ...ider the opposition. If, however, plaintiff believes she had inadequate time to prepare her reply brief, the court would entertain a motion for continuance from plaintiff. Plaintiff's Objection Numbers 1–4 to defendant's exhibits are overruled. 2. Discussion The accepted 998 Offer provides in relevant part: “Defendant agrees to pay reasonable attorney's fees and costs incurred by Plaintiff in this action as determined by the Court for Defenda...
2021.04.02 Motion for Summary Judgment 327
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.04.02
Excerpt: ...ot Hill Grange's Charter, ejectment as plaintiff is entitled to possess the property and defendant remains wrongfully in possession of the property preventing the plaintiff California State Grange from enjoying peaceful possession of the property since June 18, 2016, and claim and delivery for personal property that defendant allegedly retained possession of after transfer of the personal property to plaintiff by operation of the Grange laws when...
2021.03.19 Motion to Transfer Venue, to Set Aside Default 266
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.19
Excerpt: ...irst consider and rule on the motion for change in venue and if it is determined that the case properly remains in the El Dorado County Superior Court, the court will consider and rule on the motion to set aside defaults. Plaintiffs move to change venue to another County. Plaintiffs argue that the change of venue is necessary under Code of Civil Procedure, 397(b) as there is reason to believe plaintiffs can not have a fair and impartial trial in ...
2021.03.19 Motion to Quash Deposition Subpoena 201
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.03.19
Excerpt: ...” (Cal. Rules of Court, Rule 3.1345(a)(5).) And second, because plaintiffs retained new counsel, plaintiffs' prior counsel—who had a deadline of February 17, 2021, to file the instant motion—declares that he did not have the authority to “engage in substantive meet and confer efforts” with defendants' counsel concerning the scope of the subpoena before having to file the motion by the deadline. (See Mot., Decl. of Ryan Hanlon, ¶ 5.) Ac...
2021.03.19 Motion to Compel Arbitration and Dismiss Complaint, for Reconsideration 143
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.19
Excerpt: ...y binding arbitration. Cross‐Defendant Aerotek argues in support of the petition: cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power and cross‐defendant Aerotek entered into a services agreement on October 16, 2016 wherein cross‐defendant Aerotek was to provide to cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power one or more contract employees as requested by cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power fro...
2021.03.19 Motion for Leave to File Amended Complaint 029
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.19
Excerpt: ...ered by the amendment, because plaintiff Phan does not have standing to assert the PAGA cause of action, while the proposed PAGA representative does have standing; adding the PAGA cause of action and representative will allow for superior representation of defendant's employees and further PAGA purposes in prosecuting and deterring Labor Code violations; public policy weighs in favor of granting the motion; the proposed 1st amended complaint does...
2021.03.19 Demurrer, Motion to Strike 223
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.19
Excerpt: ... court sustained defendants Wells Fargo Bank and Fay Servicing, LLC's respective demurrers to the initial complaint with leave to amend, with the exception that defendant Fay Servicing, LLC's demurrer to the 11th cause of action for violation of the Homeowners Bill of Rights (HBOR) statutes was sustained without leave to amend on the ground that it was preempted by the Federal Home Owners Loan Act (HOLA) as the subject loan was originated by Worl...
2021.03.19 Demurrer 220
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.19
Excerpt: ... contract that the landlord shall not be liable to the plaintiff tenant for injury or death as a result of the tenant's use of the property or premises, even if such injury is caused by active or passive negligence or omissions or negligence of the landlord, landlord's agents or employees, manager, or manger's employees. The tentative ruling on the motion for summary judgment was to grant the motion and enter judgment in favor of defendant Smart ...
2021.03.12 Motion to Dismiss Action 053
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.12
Excerpt: ...rator decided on August 31, 2020 that the matter was properly venued in arbitration, and plaintiff refuses to dismiss the civil case. Attached to the motion as Exhibit A is a copy of the agreement, which includes an arbitration provision that states: in consideration of plaintiff's employment with defendant Pacific Union Financial, LLC, plaintiff agreed that any and all disputes that involve or relate to her employment, or termination of employme...
2021.03.12 Motion to Compel Further Responses 160
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.12
Excerpt: ... 1st amended complaint against defendant asserting a negligence cause of action for injuries allegedly sustained on defendant's business premises when plaintiff allegedly fell from the top of a table as she got off a chair on top of the table after the plaintiff's employees adjusted a pair of ski boots she was interested in purchasing. Defendant moves to compel further responses to requests for production, request numbers 1, 2, 13, and 25; and pr...
2021.03.12 Motion for Trial Preference 174
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.12
Excerpt: ... and suffered traumatic brain injury, which requires continued medical treatment; he has a substantial interest in the action; granting preferential setting of the trial date is necessary to prevent prejudicing his interest in the litigation; and defendants will not be prejudiced by the preferential trial setting as plaintiff has produced all his available medical records and he is available for deposition and a defense medical exam on shortened ...
2021.03.12 Motion for Further Order on Sanctions, Apportionment 114
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.03.12
Excerpt: ...referee's reports recommended that defendants prevail on seven of the eight referred motions, that plaintiff Setter Construction be sanctioned in the amount of $3,850.00 for abuse of the discovery process, and that the referee's fees be evenly split between the parties. Defendants did not file objections to any of the referee's reports. On December 18 and December 31, 2020, the court issued orders adopting in full the discovery referee's findings...
2021.03.12 Demurrer, Motion to Strike 162
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.12
Excerpt: ...ated to injuries plaintiff allegedly sustained in a motor vehicle accident that occurred on Highway 49. Defendant California Dept. of Parks and Recreation demurs to the two causes of action on the following grounds: the 2nd amended complaint fails to allege sufficient facts to constitute a cause of action for vicarious liability under Government Code, § 815.2; the 2nd amended complaint fails to allege sufficient facts to state a cause of action ...

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