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145 Results

Location: El Dorado x
2019.9.6 Application for Preliminary Injunction 162
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.9.6
Excerpt: ...e interim harm to the parties from issuance or nonissuance of the injunction.” (Butt v. State of Cal. (1992) 4 Cal.4th 668, 677–678 [15 Cal.Rptr.2d 480], citing Common Cause v. Bd. of Supervisors (1989) 49 Cal.3d 432, 441–442 [261 Cal.Rptr. 574].) The trial court is to weigh “the potential‐merit and interim‐harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction.” (Butt,...
2019.8.16 Motion to Compel Further Responses 052
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.8.16
Excerpt: ...requests. The motion is granted on the basis that the responses were not properly verified. The verification is dated March 27, 2019, before defendant even served responses to the discovery on June 21, 2019. (Decl. of Mark L. Bissonnette, Ex. 2.) Furthermore, the verification provided was not attached to the responses and appears to be a generic verification to “discovery responses.” (Id., ¶ 7.) A generic verification defeats the purpose of ...
2019.8.16 Demurrer 201
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.8.16
Excerpt: ...akefront Professional Building, LLC, Lainey Richardson, and Bruce Richardson. Now pending is defendants' demurrer to the complaint. 1. STANDARD OF REVIEW A demurrer is directed at the face of the complaint and to matters subject to judicial notice. (Code of Civ. Proc. § 430.30, subd. (a).) “It is not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which he describes the defendant's cond...
2019.8.16 Motion to Compel Arbitration 213
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.8.16
Excerpt: ...on, unless it determines that the right to compel arbitration has been waived by petitioner, that grounds exist for rescission of the agreement, or that a party to the agreement is also a party to a pending court action or special proceeding with a third party. “Such a petition essentially seeks specific performance of the arbitration agreement. [Citation.] ‘In determining whether an arbitration agreement applies to a specific dispute, the co...
2019.8.9 Motion to Dismiss Action 029
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.8.9
Excerpt: ...esent, and potential future claims. (Defs. Mot., Ex. A at p. 2, sec. 4.) On July 15, 2019, plaintiff filed a Request for Dismissal with prejudice as to the Cramers. Simpson and D'Aintree are the only remaining defendants. The instant motion was filed on June 14, 2019, and the hearing was set for July 26, 2019. Plaintiff did not file an opposition to the motion prior to the hearing. Rather, plaintiff appeared at the original hearing on July 26 and...
2019.8.9 Motion to Compel Mediation or Arbitration 062
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.8.9
Excerpt: ...laintiff and Castaway Properties, a dissolved California LLC. (Compl., ¶¶ 14–15; Mot., Ex. 1, p. 8, ¶ 22.) Castaway Defendants cannot compel the other parties in this litigation to mediate and/or arbitrate based upon a Purchase Agreement to which they were not parties. Additionally, the statutes cited by Castaway Defendants in support of the motion, Code of Civil Procedure §§ 1281.2 and 1281.4, pertain to arbitration, not mediation. Additi...
2019.8.9 Demurrer, Motion to Strike 051
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.8.9
Excerpt: ...ion to strike portions of the complaint filed by Meyers Station, Inc., dba Buckingham Properties Lake Tahoe, Monique Hill, Marni Coyle, and Carl Fair. 1. STANDARD OF REVIEW RE: DEMURRER A demurrer is directed at the face of the complaint and to matters subject to judicial notice. (Code of Civ. Proc. § 430.30, subd. (a).) “It is not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which h...
2019.7.26 Motion to Dismiss Action 029
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.7.26
Excerpt: ...Ex. A at p. 2, sec. 4.) On July 15, 2019, plaintiff filed a Request for Dismissal with prejudice as to the Cramers. Simpson and D'Aintree are the only remaining defendants. The allegations against Simpson and D'Aintree stem solely from legal services they provided to Michael Cramer with regard to an eviction action against plaintiff. As such, Simpson and D'Aintree were acting as agents of the Cramers, and therefore the release provision of the se...
2019.7.26 Motion to Exclude Evidence, OSC Re Sanctions 056
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.7.26
Excerpt: ... on July 2, 2018. (Decl. of Robert Hukaby, ¶ 2 & Ex. A.) Responses were never served. (Id., ¶ 3.) Prior to the Mandatory Settlement Conference, he spoke with plaintiff's counsel and advised them that he never received discovery responses. (Id., ¶ 4.) At the MSC on April 26, 2019, he notified the court he would be filing the instant motion. (Id., ¶ 5.) Plaintiff's counsel stated at the MSC that they discovered their error in failing to respond...
2019.7.12 Motion to Contest Good Faith Settlement 020
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.7.12
Excerpt: ...or vehicle against Bunn. In addition, plaintiff also asserts premises liability against defendant City of South Lake Tahoe for the negligent failure to install and maintain a traffic device and dangerous condition of public property, and premises liability against defendant Tahoe Keys Corporation for negligent failure to trim tree branches. Plaintiff asserts damages in the amount of $796,911.56. (Decl. of Megan E. Nevin, ¶ 12 & Ex. 2.) On May 1,...
2019.7.12 Demurrer 220
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.7.12
Excerpt: ...nary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which he describes the defendant's conduct. A demurrer tests only the legal sufficiency of the pleading.” (Comm. on Children's Television, Inc. v. Gen. Foods Corp. (1983) 35 Cal.3d 197, 213 [197 Cal.Rptr. 783].) All properly pleaded allegations of fact in the complaint are accepted as true, but not the contentions, deductions, or conclusions of fac...
2019.6.21 Motion for Summary Judgment, Adjudication 109
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.6.21
Excerpt: ...iff's motion for summary judgment or, alternatively, summary adjudication, against defendant Simms. 1. STANDARD OF REVIEW “A plaintiff … has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff … has met that burden, the burden shifts to the defendant … to show that a triable iss...
2019.6.21 Motion for Evidence Sanctions, to Compel Further Responses 140
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.6.21
Excerpt: ...form interrogatories—general (set one). 1. BACKGROUND In May 2018 TKPOA moved to compel responses from TK Marina to these same discovery demands, in addition to a motion to deem matters admitted. On June 15, 2018, the court granted TKPOA's motion in its entirety and ordered TK Marina to pay $1,000 as a sanction under the Discovery Act. In August 2018 TKPOA moved for terminating sanctions, monetary sanctions, and contempt sanctions for TK Marina...
2019.6.21 Motion to Compel Responses 052
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.6.21
Excerpt: ..., ¶ 2.) On March 26, 2019, when no discovery responses had been served, plaintiff's attorney contacted defendant's attorney in an attempt to meet and confer about the issue. (Id., ¶ 3.) On April 23, 2019, the attorneys discussed the overdue discovery. (Id., ¶ 4.) Defendant's attorney promised that responses would be served within two weeks of their conversation. (Ibid.) As of May 17, 2019, plaintiff's counsel had not received any responses. (I...
2019.6.14 Motion to Enforce Settlement Agreement 024
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.6.14
Excerpt: ...icia alleges that Mark violated two provisions of the Agreement: (1) he did not make the Shroud of Turin casting available to Alicia to take photographs and to make copies of available documents, and he has not coordinated its sale; and (2) he did not honor her irrevocable right of first refusal to purchase, at 92% of market price or third party offer, with at least 4 months' notice when Mark or Jonathan decided to sell the residence at 1230 Marg...
2019.6.7 Motion for Summary Judgment, Adjudication 016
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.6.7
Excerpt: ...furnish and maintain copies of accurate wage statements. Defendants now move for summary judgment or, alternatively, summary adjudication. 1. BACKGROUND Plaintiff was employed as an hourly, nonexempt restaurant server at Jimmy's Restaurant located inside The Landing Resort and Spa in South Lake Tahoe from August 2016 to July 2017. (Pl.'s Separate Stmt. of Disputed Material Facts (“DMF”), ¶ 1.) On August 7, 2017, plaintiff submitted letters t...
2019.5.31 Application to Stay Motions and Orders, to Expunge Lis Pendens 162
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.5.31
Excerpt: ...hlin was denied on May 7, 2019. As such, there is no basis to stay any matters pending resolution of that motion. Additionally, Code of Civil Procedure § 404.5 pertains to the coordination of cases, which is not applicable here. Defendant's Motion to Expunge Lis Pendens Pending is a motion to expunge lis pendens by defendant California Department of Veteran Affairs. The motion is opposed. 1. LEGAL PRINCIPLES RE: LIS PENDENS A lis pendens is a re...
2019.5.17 Motion to Compel Mediation and Arbitration 062
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.5.17
Excerpt: ...laintiff and Castaway Properties, a dissolved California LLC. (Compl., ¶¶ 14–15; Mot., Ex. 1, p. 8, ¶ 22.) Castaway Defendants cannot compel the other parties in this litigation to mediate and/or arbitrate based upon a Purchase Agreement to which they were not parties. Additionally, the statutes cited by Castaway Defendants in support of the motion, Code of Civil Procedure §§ 1281.2 and 1281.4, pertain to arbitration, not mediation. Additi...
2019.5.17 Motion to Compel Production of Docs, Demurrer, Motion to Strike 213
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.5.17
Excerpt: .... (B) Realogy's Demurrer to Second Amended Complaint Visiting Judge David DeVore continued the May 3 hearing on Realogy's demurrer to May 17. Appearances are required for oral argument regarding the May 3 tentative ruling sustaining the demurrer without leave to amend. (C) Tahoe Realty Group's Demurrer to Second Amended Complaint Plaintiff Jeanne Kysar‐Carey's Second Amended Complaint (“SAC”) asserts 19 causes of action against a host of de...
2019.5.10 Motion for Reconsideration or Relief Under CCP 473 564
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.5.10
Excerpt: ...ased upon new facts or, alternatively, for relief under Code of Civil Procedure § 473 based upon excusable mistake. Plaintiff's motion for reconsideration is granted. Upon reconsideration, the court will vacate its prior decision and enter a new order denying Nationstar's motion for order finding no right to a jury trial. California's constitutional history reflects a steadfast commitment regarding litigants' right to a civil jury trial, with li...
2019.5.3 Demurrer 213
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.5.3
Excerpt: ...ited to, insect and rodent infestation, mold, fungus, and asbestos. Pending is defendant Realogy Holdings' (“Realogy”) demurrer to the fourth, fifth, sixth, eleventh, and twelfth causes of action. 1. Standard of Review A demurrer is directed at the face of the complaint and to matters subject to judicial notice. (Code of Civ. Proc. § 430.30, subd. (a).) “It is not the ordinary function of a demurrer to test the truth of the plaintiff's all...
2019.4.26 Demurrer, Motion for Summary Order, Application for Pro Hac Vice Admission 043
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.4.26
Excerpt: ...led a verified complaint for (1) summary order under Corporations Code § 7511, subdivision (c); and (2) declaratory relief. Pending is defendant Tahoe Beach and Ski Club Owners Association's (“the Association”) demurrer to the entire complaint. 1. STANDARD OF REVIEW A demurrer is directed at the face of the complaint and to matters subject to judicial notice. (Code of Civ. Proc. § 430.30, subd. (a).) “It is not the ordinary function of a ...
2019.4.5 Motion for Summary Interlocutory Judgment 141
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.4.5
Excerpt: ...overning practice in civil actions generally apply to [partition] actions under this title except where they are inconsistent with the provisions of this title.” (Code of Civ. Proc. § 872.030.) The party moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of a triable issue of material fact, and only if the moving party carries the initial burden does the burden shift to the opposing party t...
2019.3.29 Demurrer 081
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.3.29
Excerpt: ...y function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which he describes the defendant's conduct. A demurrer tests only the legal sufficiency of the pleading.” (Comm. on Children's Television, Inc. v. Gen. Foods Corp. (1983) 35 Cal.3d 197, 213 [197 Cal.Rptr. 783].) All properly pleaded allegations of fact in the complaint are accepted as true, but not the contentions, deductions, or conclusions of fact o...
2019.2.8 Motion to Terminate or Vacate Foreign Judgment 047
Location: El Dorado
Judge: Kingsbury, Suzanne N
Hearing Date: 2019.2.8
Excerpt: ...rida. “Article IV, section 1 of the United States Constitution provides that ‘[f]ull Faith and Credit shall be given in each State to the public Acts, Records and judicial Proceedings of every other State.' ‘It has long been the law that “the judgment of a state court should have the same credit, validity, and effect in every other court in the United States, which it had in the state where it was pronounced.” [Citations.]' [Citation.] ...

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