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254 Results

Location: El Dorado x
2020.09.18 Motion to Vacate Dismissal and Enter Judgment 053
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.09.18
Excerpt: ...pursuant to Code of Civil Procedure, § 664.6; and agreed that the matter may be dismissed pursuant to Section 664.6. It appears that the individual parties executed the agreement. On August 5, 2020 the court dismissed the action upon request of the plaintiff and upon request of the parties retained jurisdiction pursuant to the provisions of Code of Civil Procedure, § 664.6 to enforce the stipulation for conditional entry of dismissal. The settl...
2020.09.18 Motion to Compel Further Responses 207
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.09.18
Excerpt: ...monetary sanctions in the amount of $8,990.00. In opposition, plaintiff asserts that because he has now provided further responses addressing the alleged defects set forth in defendants' motion and has provided verifications, defendants' motion is now moot. The court disagrees. Even if plaintiff has now served code‐compliant verified responses to defendants' discovery requests, such action does not preclude the court from considering defendants...
2020.09.18 Motion for Summary Judgment 522
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.09.18
Excerpt: ... the alternative, summary adjudication of each of the three causes of action. Cross‐Complainants argue they are entitled to entry of summary judgment or summary adjudication on the following grounds: cross‐complainants are entitled to entry of declaratory relief, because it has been established as matter of law by the evidence presented that the subject grant deed is void, the clear and unambiguous provisions of the fully integrated option ag...
2020.09.18 Motion to Dismiss Action 109
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.09.18
Excerpt: ... Special Interrogatories (Set One), and (3) Request for Production of Documents (Set One), on each plaintiff by U.S. Mail via their shared attorney. Their responses were due by December 19, 2019. None of the plaintiffs served verified responses on defendant. When no responses were received, defendant's counsel sent a meet and confer letter (dated Dec. 27, 2019) to plaintiffs' counsel. Thereafter, on February 14, 2020, defendant filed separate mot...
2020.09.11 Motion for Judgment on the Pleadings 159
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.09.11
Excerpt: ...effect as a general demurrer. (Smiley v. Citibank (1995) 11 Cal.4th 138, 146.) If the moving party is a plaintiff, the motion raises the legal issue of whether “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code of Civ. Proc. § 438, subd. (c)(1)(A).) Here, defendant's answer does not state facts s...
2020.09.11 Demurrer, Motion to Strike 058
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.09.11
Excerpt: ... cause, physical and emotional injury. Plaintiff complained about the bedbugs to defendants' managers and agents, but they failed to abate the infestation. Plaintiff's complaint asserts causes of action for (1) breach of implied warranty of habitability, (2) battery, (3) negligence—premises liability/failure to warn, (4) nuisance, (5) intentional infliction of emotional distress, (6) negligent infliction of emotional distress, (7) breach of con...
2020.09.04 Application to Remove Receiver 241
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.09.04
Excerpt: ...e parties in this action for equal shareholder interests in the subject corporation, the contract continues to the present day, and the action against defendant is not time‐barred. Plaintiffs filed an ex parte motion to appoint a receiver and for injunctive relief. The court set a noticed hearing date, rather that ruling on the matter ex parte. After being exhaustively briefed, hearing oral argument on January 31, 2020, and counsel for defendan...
2020.08.28 Motions to Exclude Expert Witness, to Submit Tardy Expert Witness Information 062
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.08.28
Excerpt: ...y Properties, LLC; and (2) plaintiff Brad Jacobson's motion to submit tardy expert witness information pursuant to CCP § 2034.710. By way of background, plaintiff commenced this action on April 22, 2018. The initial trial date was set for June 22, 2020. On April 13, 2020, plaintiff's counsel served a demand for expert witness disclosure. (Defs. Exhibits in Support of Motion, Ex. A.) Plaintiff's demand indicated the date of the exchange was May 1...
2020.08.28 Motion to Vacate or Modify Dismissal of Action 452
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.28
Excerpt: ... a judicially supervised settlement under Section 664.6. The action against Gregory Schaefer was voluntarily dismissed with prejudice upon plaintiff's request on May 21, 2020. The request for dismissal did not include a statement that the court retained jurisdiction to enforce the settlement. Plaintiff seeks to vacate or modify the dismissal on the ground that due to mistake, inadvertence, or excusable neglect plaintiff's counsel failed to includ...
2020.08.28 Motion to Set Aside Default Judgment, Vacate Renewal of Judgment, Quash Summons 379
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.28
Excerpt: ...s entered against defendant in the amount of $21,719.37. Defendant moves to vacate and set aside the default pursuant to Code of Civil Procedure, § 1788.61(a)(1) on the ground that he was never properly served with the summons and complaint. The proof of service in the court's file declares that notice of the hearing and a copy of the moving papers were served on plaintiff's counsel by mail on July 7, 2020. Plaintiff opposes the motion on the fo...
2020.08.28 Motion for Judgment on the Pleadings, for Leave to File Amended Complaint, for Valuation Determination 539
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.28
Excerpt: ...public property cause of action of the cross‐complaint without leave to amend, and sustained the demurrer to the breach of contract cause of action of the cross‐complaint with ten days leave to amend. The 1st amended cross‐complaint was filed. Cross‐Defendant People demurred to the 1st amended cross‐complaint. The demurrer was dropped upon request of the People after the 2nd Amended Cross‐Complaint was filed on January 29, 2020. The P...
2020.08.21 Motion for Attorney Fees 015
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.08.21
Excerpt: ...evailing on the contract shall be the party who recovered a greater relief in the action on the contract.” (Civ. Code § 1717, subd. (b).) Where the judgment is a “simple, unqualified win” on the contract claim, a trial court has no discretion to deny an attorney fee award to that prevailing party under Civil Code § 1717. (Hsu v. Abbara (1995) 9 Cal.4th 863, 876.) While the fee awards should be fully compensatory, the trial court's role is...
2020.08.21 Demurrer, Motion to Strike 079
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.08.21
Excerpt: ... 1983; (2) violation of the privileges and immunities clause (Cal. Const., art. I, § 7); (3) writ of mandate (Code of Civ. Proc. (“CCP” § 1085); (4) declaratory relief (Gov't Code § 11350(a), CCP § 1060); (5) injunctive relief; (6) conversion; (7) writ of administrative mandamus (CCP § 1094.5); (8) damages (CCP § 1095, 42 U.S.C. § 1983). Pending is the City's demurrer to the AXC and motion to strike portions of the AXC. 1. STANDARD OF...
2020.08.21 Demurrer, Motion to Strike 309
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.21
Excerpt: .... Cross‐ Complainant Legacy Family Adventures – Rocklin (Legacy) file a cross‐complaint against the City of Rockling (City), Bonsai Design, LLC (Bonsai), and Adventure Operations, LLC (Adventure Operations) asserting various causes of action. Cross‐Defendants Bonsai and Adventure Operations demur to all causes of action pled against them. Cross‐Complainant Legacy opposes the demurrers. Cross‐Defendants replied to the opposition. Demur...
2020.08.21 Motion to Set Aside Default Judgment 125
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.21
Excerpt: ...ued due to the public health crisis and was finally advanced and set to commence on May 29, 2020. The March 19, April 9, and April 22, 2020 ex parte minute orders continuing the hearing were emailed to the parties. The ex parte minute orders state that the address to which the minute orders were emailed to defense counsel was robin@summitdefense.com. The hearing on the petition commenced on May 29, 2020. Defendant did not appear. Testimony was pr...
2020.08.21 Motion for Change of Venue 081
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.08.21
Excerpt: ... like this case, “the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.” (Code of Civ. Proc. § 395 subd. (a); see also Cholakian & Assocs. v. Super. Ct. (2015) 236 Cal.App.4th 361, 367–368.) As all the defendants reside in Placer County, the proper court for this action is the Placer County Superior Court. Defendants also request sanct...
2020.08.21 Motion for Determination of Good Faith Settlement 258
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.21
Excerpt: ...ivil Procedure, § 877.6 that the settlement is in good faith. The proof of service filed with the court declares that the parties were emailed notice of the hearing and copies of the moving papers on June 24, 2020. The motion is not opposed. Any party to an action in which it is alleged that two or more parties are joint tortfeasors is entitled to a court hearing on the issue of the good faith of a settlement between the plaintiff and one or mor...
2020.08.21 Motion for Summary Judgment 379
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.21
Excerpt: ...fendant Marshall Medical Center did not breach the standard of care regarding plaintiff and defendant Marshall Medical Center did not cause plaintiff's alleged injuries for which he seeks damages. On July 6, 2020 plaintiff filed a statement of non‐opposition to the motion. Motion for Summary Judgment Principles “For purposes of motions for summary judgment and summary adjudication: ¶ * * * (2) A defendant or cross‐defendant has met his or ...
2020.08.21 Motion to Tax Costs 536
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.21
Excerpt: ...was not feasible to focus on preserving the oak woodland within the Highway 50 corridor. In the 137 page tentative ruling incorporated as Exhibit 1 of the judgment and order the court specifically rejected all grounds raised by the petitioner in its challenge to the EIR, except as to the portion of the FEIR/EIR related to the determination of where to focus mitigation of loss of oak woodlands – whether to focus on Highway 50 corridor land to ma...
2020.08.14 Motion to Enforce Settlement, Enter Judgment 161
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.08.14
Excerpt: ...tion, [defendant] offers to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Civil Code § 1794(d) as stipulated by the parties or, if the parties cannot agree, upon motion to the court having jurisdiction over this action. [¶] Except as set forth herein, above, each party shall bear its own attorneys' fees and costs of suit. Plaintiff may accept the above offer by signing the following statement that ...
2020.08.14 Motion to Compel Further Responses 326
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.14
Excerpt: ...Charlene Bosso's Further Responses to Special Interrogatories, Set One. Plaintiffs move to compel defendant Charlene Bosso to provide further responses to special interrogatories, set one, numbers 35‐41 on the grounds that the objections that the special interrogatories are vague, ambiguous, or unintelligible, they call for legal conclusions, the special interrogatories call for an expert opinion, and that the special interrogatories seek infor...
2020.08.14 Motion for Judgment on the Pleadings 369
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.14
Excerpt: ...rted of 32 affirmative defenses. On May 28, 2020 plaintiffs filed a motion for judgment on the pleadings on defendants Federal Home Loan Mortgage Corp.'s, JP Morgan Chase Bank's, and MTC Financial, Inc.'s answer. Plaintiffs contend that judgment on the pleadings on the entire answer and each and every affirmative defense should be granted because the 32 boilerplate affirmative defenses fail to allege sufficient facts to establish such affirmative...
2020.08.14 Motion for Judgment on the Pleadings 118
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.14
Excerpt: ...the court denied plaintiff's motion to reconsider that ruling. On January 24, 2020 plaintiff filed a 2nd amended complaint against defendants, including defendant MERS, asserting the following causes of action: cancellation of the MERS assignment of the deed of trust as MERS is not registered as a foreign corporation; cancellation of the assignment of the deed of trust, because MERS lacked standing or legal authority to assign the subject deed of...
2020.08.07 Petition to Approve Compromise of Disputed Claim of Minor 449
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.07
Excerpt: ... defendant and accepted. Defendant contends: the Code of Civil Procedure, § 998 offer to compromise provides that no judgment shall be entered; the plaintiffs are seeking entry of judgment along with the petition to authorize the minor's compromise; the petition states that the minor suffered anxiety and depression, which was not alleged in the complaint; the petition falsely states that defendant Wentzel witnessed the incident, which was not al...
2020.08.07 Motion for Summary Judgment 438
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.07
Excerpt: ...plaintiff in the amount of $60,000; defendant Mack executed a continuing guaranty of the loan; that there remains, due, owing and unpaid a principal balance in the amount of $30,534.15; and defendant Mack failed to cure defendant Senworth, Inc.'s default on the contract. On March 5 2020 the court dismissed the account stated and money lent causes of action upon plaintiff's request, leaving the breach of contract cause of action pending. Plaintiff...

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