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519 Results

Location: El Dorado x
2022.04.08 Motion to Vacate Dismissal and Enter Judgment 097
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.04.08
Excerpt: ...that the matter may be dismissed pursuant to Code of Civil Procedure, § 664.6. On November 2, 2017, the court dismissed the action pursuant to the written stipulation for conditional entry of judgment and retained jurisdiction pursuant to the provisions of Code of Civil Procedure, § 664.6 to enforce the written stipulation for conditional entry of judgment. Plaintiff moves to vacate the dismissal and enter judgment pursuant to the terms of the ...
2022.04.08 Motion to Compel Responses 086
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2022.04.08
Excerpt: ...ck by a boat while a paying visitor on property owned, leased, rented, managed, operated, possessed, and/or controlled by Defendants.” (Compl., pp. 4, 5.) As a result of the incident, she alleges she suffered severe injuries to her leg requiring medical intervention and resulting in permanent disfigurement, discoloration, and scarring. Pending is defendants' motion to compel plaintiff to respond to Request for Production of Documents (Set Three...
2022.04.08 Motion for Judgment on the Pleadings 411
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.04.08
Excerpt: ...and owing the principal amount of $3,092.16. Defendant answered the complaint by general denial. A court trial is set to commence on May 2, 2022. On February 4, 2022, the court granted plaintiff's motion to deem admitted requests for admission propounded upon defendant. Plaintiff moves for entry of judgment on the pleadings on the grounds that the complaint states a cause of action against defendant to collect the alleged debt and that defendant'...
2022.04.08 Motion for Attorney Fees 349
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.04.08
Excerpt: ...t in the amount of $7,260. The proof of service declares that notice of the hearing and the moving papers were served on petitioner Kumar's counsel by mail on January 3, 2022. At the time this tentative ruling was prepared there was no opposition in the court's file Recovery of Fees in Civil Harassment Action “The prevailing party in any action brought under this section may be awarded court costs and attorney's fees, if any.” (Code of Civil ...
2022.04.08 Demurrer 317
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.04.08
Excerpt: ...ior to the filing of the complaint; and the subject real property was sold to an unrelated third party seven years prior to the complaint being filed. Plaintiff opposes the demurrer on the following grounds: the meet and confer activities were insufficient as plaintiff was only contacted once by defense counsel requesting an extension to respond; while she proposed to extend the time to respond, the statement by defense counsel that they had reac...
2022.04.08 Application for Right to Attach Order and Writ of Attachment 490
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.04.08
Excerpt: ...hment of any of the defendant's property as it is not a natural person in the total amount of $251,938, representing $5,000 in estimated costs and $121,300 in estimated attorney fees to prosecute the action. The declaration filed in support of the verified application states: declarant is the CFO of plaintiff; plaintiff is a California Corporation doing business as a hydronics supplier and contractor, duly licensed by the State of California; a c...
2022.03.25 Motion to Strike 202
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.25
Excerpt: ...er doctrine does not apply. Defendants Arnest and Filo Real Estate, Inc. also moved to strike portions of the 1st amended complaint that sought recovery of attorney fees incurred in this action, punitive damages, emotional distress damages, and non‐economic damages. After hearing oral argument on the demurrer and motion to strike, on November 5, 2021, the court, among other things, denied the motion to strike the claim for attorney fees asserte...
2022.03.25 Motion to Compel Further Responses to Discovery 059
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.25
Excerpt: .... Matossian); Form Interrogatories, Set Two, number 17.1 (Folsom Family); Requests for Production, Set Two, numbers 1‐9 and 11‐24 (Folsom Family); and Requests for Production, Set One, numbers 1‐9 and 11‐24 (Dr. Matossian). Plaintiff argues that further responses to the discovery should be compelled for the following reasons: defendants only provided improper boilerplate objections to the special interrogatories without a single substanti...
2022.03.25 Motion to Compel Arbitration and Stay Proceedings 071
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.25
Excerpt: ...trial date for March 30, 2022, and set an issues conference date for March 18, 2022. During the mandatory settlement conference on January 26, 2022, the court set a trial setting conference for February 28, 2022. At the February 28, 2022, trial setting conference defendant advised the court that she had submitted a motion to compel arbitration. Plaintiff's counsel stated he was unaware of any motion having been served on his office. The court con...
2022.03.25 Motion to Compel Arbitration and Stay Action 348
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.25
Excerpt: ...Defendants Cato, Fifield, and GT Hotel Partners, LLC move to compel plaintiff to arbitrate the action against them asserting the follow grounds: there is an existing, valid arbitration clause initialed by plaintiff and defendants Cato and Fifield; the scope of arbitration set forth in the agreement is broad enough to encompass all claims in the complaint; although GT Partners, LLC disputes it was a party to the commercial sales agreement, it volu...
2022.03.25 Motion for Attorney Fees 346
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.25
Excerpt: ... cease enforcing the measure, and the issuance of an injunction prohibiting the Board of Supervisors and County of El Dorado from taking any action to enforce or implement Measure E. Respondents/Intervenors Taylor and Save Our County opposed the petition. Respondent El Dorado County also opposed the petition. The petition was granted in part and denied in part. Respondents/Intervenors Taylor and Save Our County appealed from the judgment; petitio...
2022.03.18 Motion for Preliminary Approval of Class and PAGA Settlement 029
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.18
Excerpt: ... wage violations, failure to maintain required records maintenance, failure to indemnify employees for business expenses to discharge their duties, failure to timely make final wage payments, and wage statement violations. Having reached a settlement, plaintiffs move for the court's preliminary approval of the class and PAGA action settlement. The proof of service declares that notice of the hearing and the moving papers were served by email on d...
2022.03.18 Motion to Consolidate Civil Case with Unlawful Detainer Case 522
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.18
Excerpt: ...ctober 15, 2021 Trinity Financial Services, LLC filed an unlawful detainer action against the McDermotts asserting: plaintiff owns the subject real property; defendants were the former owners of the property who defaulted on loan secured by a deed of trust; plaintiff obtained ownership of the property at a trustee's sale on August 24, 2021 that was held pursuant to Civil Code, § 2924 under the power of sale in a deed of trust executed by the for...
2022.03.18 Motion for Summary Judgment 074
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.18
Excerpt: ...hat tips quickly and unexpectedly while lifting weights; defendants did not provide written or verbal instructions or warnings as are commonly set forth by the Bosu style ball manufacturer; failed to provide a spotter, fixed safety rail or safety floor mats, while leaving plaintiff unattended and precariously balanced on a platform; and that defendant not only breached the ordinary duty of due care, but also recklessly increased the risk of injur...
2022.03.18 Request for Issuance of Preliminary Injunction 381
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.18
Excerpt: ...oceedings in the arbitration proceeding. At the February 18, 2022, hearing on the plaintiff's ex parte application for a TRO and to set a hearing for a preliminary injunction preventing an arbitration, the court denied the request for a TRO and set the hearing on the preliminary injunction for 8:30 a.m. on Friday, March 18, 2022, in Department Nine. Plaintiffs argue that the preliminary injunction should be issued for the following reasons: the a...
2022.03.17 Motion to Strike Punitive Damages 550
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.17
Excerpt: ...and others by grabbing a tent pole to brace it, which caused him to fall to the ground. Defendant moves to strike the punitive damage allegations contained in paragraphs 20‐23 and 30‐33 of the complaint, as well as prayer number 5 for punitive damages. Defendant argues the allegations of fact in the complaint fail to rise to the level of establishing despicable conduct or willful and conscious disregard for the rights and safety of others; an...
2022.03.17 Motion to Quash Subpoena 246
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.17
Excerpt: ... was allegedly purchased later by defendant Crusha for $45,000 less than plaintiff offered. One issue raised by the complaint relates to plaintiff's offer of proof of funds for the down payment. (See Complaint, paragraphs 2 and 23.) There is evidence that plaintiff served a subpoena for production of business records on Wells Fargo Bank seeking all bank records concerning a single bank account in defendant Crusha's name. Defendants move to quash ...
2022.03.17 Motion to Bifurcate Liability and Damages 207
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2022.03.17
Excerpt: ...tion to the motion. Code of Civil Procedure § 598 provides that “[t]he court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, … make an order … that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case .…” (Ibid.) Further, Code of Civil Procedure § 1048 provides that “[t]he ...
2022.03.17 Motion for Preliminary Approval of Joint Stipulation of Settlement 045
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.17
Excerpt: ...e to indemnify employees for business expenses to discharge their duties, failure to pay all wages due and owing at end of employment, and wage statement violations. Having reached a settlement, plaintiffs move for the court's preliminary approval of the class and PAGA action settlement. The proof of service declares that notice of the hearing and the moving papers were served by email on defense counsel on January 26, 2022. There is no oppositio...
2022.03.11 Motion for Attorney Fees 335
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2022.03.11
Excerpt: ...ned by the trial court.” (Getz v. Superior Court (2021) 287 Cal.Rptr.3d 722, 740.) Pending is petitioner's motion for attorney fees and costs. (See Gov. Code § 6259(d).) 1. Preliminary Matters Petitioner's request for judicial notice of Exhibits 1, 3, and 4 is granted. (Evid. Code § 452(d)(1), (h).) Petitioner's objection numbers 1–6 to the Declaration of Lynn Garcia, counsel for respondent, are overruled. 2. Attorney Fees Under the CPRA, ...
2022.03.04 Motion to Dismiss Action for Failure to Bring Matter to Trial 161
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.04
Excerpt: ...ring this action to trial to October 4, 2021. On August 19, 2021 the El Dorado County Superior Court issued the 6th Administrative Order Granting Emergency Relief due to COVID‐19 and the State of Emergency due to the Caldor Fire, which suspended civil jury trials during the period of August 20, 2021 and September 17, 2021, with trials to be set on or after September 21 2021. On September 14, 2021 the El Dorado County Superior Court issued the 7...
2022.03.04 Motion to Compel Further Responses 498
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.04
Excerpt: ...n opposition, defendant filed a statement re: plaintiff's motion to compel. There was no reply in the court's file when this ruling was prepared. “(a) The party to whom an inspection demand has been directed shall respond separately to each item or category of item by any of the following: ¶ (1) A statement that the party will comply with the particular demand for inspection and any related activities. ¶ (2) A representation that the party la...
2022.03.04 Motion to Bifurcate Issues for Trial 238
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.04
Excerpt: ... Kirkpatrick was acting in the course and scope of employment and not merely commuting to work at the time of the subject accident as defendant Lytx, Inc. knowingly recruited him from Reno, mandated he work from San Diego, he was being compensated by defendant Lytx, Inc. to relocate, and was travelling from his former residence in Reno, Nevada to relocate to his place of employment in San Diego, California at the time of the subject accident. On ...
2022.03.04 Motion for Reconsideration 173
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.04
Excerpt: ...voke the prior order.” (Code of Civil Procedure § 1008(a).)1 Pending is petitioner's timely motion for reconsideration of the court's October 29, 2021, Ruling (served Nov. 1, 2021). Included with the motion is a declaration from Patrick Ellis, an expert in Digital Forensic Consultant. There are new facts stated in the declaration. Therefore, the court will consider the motion for reconsideration. The court allowed the prior petitioner's and re...
2022.03.04 Demurrer 011
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2022.03.04
Excerpt: ...e notice by that date. Defendants demur to the complaint on the sole ground that the 60 day notice was void, because the notice merely states that the property will be removed from the market for at least 12 months and does not state it had actually been removed from the market at the time the 60 day notice was served. Defendants argue: that just cause for termination under of Civil Code, § 1179.05(3)(a) requires actual removal and not just mere...

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