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452 Results

Location: El Dorado x
2021.12.03 Motion to Quash Service of Summons and Complaint 101
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.12.03
Excerpt: ...of service declares that on October 13, 2021 the motion was served by mail on plaintiff's counsel. Although there was no opposition to the motion in the court's file at the time of the November 5, 2021 hearing date, the court noted that the motion was filed on October 14, 2021, the notice of hearing initially stated it was to take place on December 3, 2021, and the date was apparently changed by the clerk when the document was filed by striking o...
2021.12.03 Demurrer 234
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.12.03
Excerpt: ...nt. On November 4, 2021 All About Equine Animal Rescue, Inc. filed a cross‐complaint in case number PC‐20210234 against cross‐defendants Byrd, Wilson, U.S. Bank as Successor Trustee of the Conger Trust, Roger Crist as trustee of the Christ Trust and Georgetown Divide Recreation Dist. Defendants Byrd, Rodarte, Wilson, and Saunders demur to 1st Amended Complaint on the following grounds: the quiet title and declaratory relief causes of action...
2021.12.03 Demurrer 009
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.12.03
Excerpt: ...ved a 15 day notice to pay or quit on September 7 and October 4, 2021 by posting at the premises; on September 28, 2021 the period stated in the notice expired at the end of that day; the defendants failed to comply with the requirements of the notice by that date; all facts stated in the notice are true; the notice included an election of forfeiture; a copy of the notice is attached as Exhibit 2; the amount of rent due at the time the notice was...
2021.12.03 Motion to Consolidate 294
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.12.03
Excerpt: ...s from defendant's use, conduct, and arguments concerning two easements across plaintiff's land. On August 31, 2021 Georgetown Divide Recreation Dist. filed a 1st amended complaint in case number PC‐ 20210234 against defendants Byrd, Rodarte, Wilson, Saunders, and All About Equine Animal Rescue, Inc. asserting causes of action for trespass to land, trespass to chattel, nuisance, declaratory relief, and to quiet title arising from a recorded eas...
2021.11.19 Motion to Set Aside Default 246
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.11.19
Excerpt: ...owing grounds: defendant's mistake in failing to advise his insurer that he had been served the summons and complaint is grounds to vacate the default; a defendant's insurer is entitled to relief under Code of Civil Procedure, § 473 when the default was taken through no inexcusable neglect of the insurer; the default was taken with quiet speed; and defendant had a duty to warn defendant, defense counsel and defendant's insurer that plaintiff was...
2021.11.19 Motion to Quash Service for Lack of Jurisdiction 219
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.11.19
Excerpt: ... of Utah; and the forum selection clause must be respected as the borrower and lender have a reasonable basis for the forum selection as stated in the governing law provision as the borrower plaintiff understood and agreed that the initial lender, Celtic Bank Corp., a Utah Corporation, is located in Utah, makes all credit decisions from lender's office in Utah, the line of credit is made in Utah, and borrower's payments are not accepted until rec...
2021.11.19 Motion to Quash 058
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.11.19
Excerpt: ...A proof of service of summons was filed May 10, 2021, stating that Hall was personally served at a residence on Stockton Avenue in South Lake Tahoe on May 2, 2021. As defendant Hall challenges service, plaintiff bears the burden of showing that service was proper. (Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163.) The registered process server swore under penalty of perjury that she personally served Hall at 11:40 a.m. on May 2 at his residence in...
2021.11.19 Motion for Leave to File SAC 239
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.11.19
Excerpt: ... of justice, and on any terms as may be proper, allow a party to amend any pleading .…” (Code of Civ. Proc. § 473.) A trial court may allow the amendment of a pleading at any time up to and including trial. (Id. § 576.) “It is well established that ‘California courts “have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization d...
2021.11.19 Demurrer 282
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.11.19
Excerpt: ...facts that adequately describe, identify, or define the described premises; the amended complaint fails to allege that defendant Ridgeline Group, LLC owns, possesses or controls the property where the alleged dangerous condition existed; and the amended complaint fails allege defendant's breach of a duty of due care related to the property where the accident occurred. Plaintiff oppose the demurrers on the following grounds: plaintiff adequately a...
2021.11.19 Demurrer 208
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.11.19
Excerpt: ... started; plaintiff can not rely on the original contract to allege an account stated; and the complaint fails to allege venue as it fails to state where the account was stated.. Plaintiff opposes the demurrer on the following grounds: the complaint alleges sufficient facts to state a cause of action for common counts under an open book account theory; and defendant's citation of Tringali v. Vest (1951) 106 Cal.App.2d 720, 721‐722 in support of...
2021.11.19 Demurrer 155
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.11.19
Excerpt: ...ust 2, 2021. Defendants Fidelity National Title Company and Fidelity National Title Insurance Company demur to the entire 1st amended complaint asserting it is uncertain and the 2nd cause of action for negligent failure to disclose material facts fails to state a cause of action. The proofs of service filed with the court declare that on September 1, 2021 the initial notice of the hearing and the documents submitted in support of the demurrers we...
2021.11.12 Motion to Compel Deposition 047
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.11.12
Excerpt: ...ecial interrogatories, and granted plaintiff's motion for further responses to requests for production and production of documents, Plaintiff noticed the deposition of defendant's most knowledgeable person to submit for a deposition regarding 21 specified categories of information and to produce at the deposition 17 categories of documents. Defendant objected to the deposition; objected to being examined concerning all 21 information category num...
2021.11.12 Demurrer, Motion to Strike 332
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.11.12
Excerpt: ...r Code, §§ 1102.5 and 1102.6; and Wrongful Termination in Violation of Public Policy. Defendants demur to the complaint on the following grounds: the 1 st, 2nd and 4th causes of action are premised upon FEHA violations and they are fatally defective as plaintiff has failed to allege sufficient facts to establish that the defendants were plaintiff's employers or joint employers; the FEHA retaliation and failure to prevent retaliation causes of a...
2021.11.05 Motion for Judgment on the Pleadings 463
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.11.05
Excerpt: ...port Construction) and Allen were sued and served as POE 2 and POE 1 respectively. They answered the 2nd amended cross‐complaint on January 30, 2020. Cross‐Defendants Newport Construction and Allen move for judgment on the pleadings on the equitable indemnity, contribution, and declaratory relief causes of action of the 2nd amended cross‐complaint on the grounds that each of those causes of action are fatally defective and the court should ...
2021.11.05 Demurrer 295
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.11.05
Excerpt: ...h of governing documents does not allege that the subject unit was or is currently rented or occupied by any tenants or guests; the allegations that it is believed that defendant listed the subject unit on a short term rental site does not violate the governing documents as that situation is not addressed in the governing documents; while defendant requests general damages of $25,100, the plaintiff failed to adequately allege how and by what cont...
2021.11.05 Motion to Quash Service of Summons 101
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.11.05
Excerpt: ...s that on October 13, 2021 the motion was served by mail on plaintiff's counsel. There is no opposition to the motion in the court's file “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: ¶ (1) To quash service of summons on the ground of lack of jurisdiction of the court over hi...
2021.11.05 Motion for Leave to Conduct Limited Discovery 346
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.11.05
Excerpt: ...osition to the motion by October 25, 2021. Respondents County essentially argue that limited discovery is necessary concerning whether the members of the respondent non‐ profit corporation had private economic interests advanced by this litigation such that the litigation costs did not transcend the individual members' personal economic interest in the litigation, otherwise neither the Court, nor the County can determine whether these private e...
2021.11.05 Motion for Preliminary Injunction 340
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.11.05
Excerpt: ...SC and preliminary injunction. At the hearing on July 7, 2021, plaintiff appeared by Zoom and she stated she had not provided a Zoom invite to the defendants as she believes she is being blocked by the defendant. The court acknowledged the related family law case and noted that no judgment has been entered declaring who owns the subject real property. The court heard further testimony by plaintiff, denied the TRO, and set a hearing date for the p...
2021.10.29 Demurrer, Motion to Strike 202
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.10.29
Excerpt: ...y failure to use reasonable care, breach of fiduciary duty by breach of loyalty, negligence, 3rd party tort of another, and requesting a preliminary injunction and other equitable relief. The action arises from an alleged dispute related to the plaintiffs having purchased the subject real property from defendants, plaintiffs' alleged failure to pay a portion of the down payment in the amount of $45,000 when due and owing, and the plaintiffs alleg...
2021.10.29 Anti-SLAPP Motion to Strike 420
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.10.29
Excerpt: ...iff on paid administrative leave pending defendant County's investigation was a protected activity by the County as it was part of an official proceeding; the claim of constructive discharge in inextricably tied to County's official proceedings authorized by law and, therefore, it arises from County's internal investigation protected activity; the claim of overall hostile work conditions is derivative of plaintiff's other alleged adverse employme...
2021.10.29 Anti-SLAPP Motion to Strike 419
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.10.29
Excerpt: ..., defendant County filed a special Anti‐SLAPP motion to strike the 1st amended complaint asserting: the adverse action of “double demotion” complained of in the 1st amended complaint was the product of an official proceeding returning plaintiff from a management position to her most recent classified position in accordance with the County Code, which is a protected activity; plaintiff can not establish she engaged in a protected activity; p...
2021.10.22 Motion to Compel Further Responses 047
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.10.22
Excerpt: ...ges for breach of the warranty of merchantability and breach of express warranty under the Song‐Beverly Warranty Act related to the alleged sale and delivery of a new vehicle to plaintiff, which was non‐conforming as it had defects and malfunctions. Plaintiff moves to compel a further verified response to Form Interrogatory Number 12.1 within 30 days. Plaintiff does not seek imposition of any discovery sanctions. The proof of service declares...
2021.10.22 Motion for Attorney Fees 140
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.10.22
Excerpt: ...d an order dismissing plaintiff's complaint on November 8, 2019. Judgment was entered in favor of defendant Tahoe Keys Property Owners Association on July 23, 2021. Pending is defendant's motion for attorney fees in the amount of $265,860 and costs in the amount of $1,155. Defendant also requests that the court add to the Judgment, nunc pro tunc, the principal sums of monetary sanctions still unpaid by plaintiff, with interest thereon from the da...
2021.10.22 Demurrer, Motion to Strike 033
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.10.22
Excerpt: ... filed a 1st amended complaint on April 26, 2021 asserting 11 causes of action arising from his rental of a mobile home space at Cold Springs Mobile Manor. On July 28, 2021 the 8th cause of action was dismissed without prejudice upon request of plaintiff. Defendants Cold Springs Manor, LLC, Ingrid Marlow, Carolyn Natho, Thomas Brache, and Monolith Properties, Inc. demur to the remaining ten causes of action on the following grounds: plaintiff's f...
2021.10.08 Motion for Summary Judgment, Adjudication 035
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.10.08
Excerpt: ...g plaintiff's counsel's motion to be relieved as counsel of record. On August 9, 2021, the court issued an ordering granting defendant St. Joseph's motion for summary judgment. Pending is the defendants Sierra Garden Apartments and Pacific Development Group's motion for summary judgment or, alternatively, summary adjudication. Plaintiff did not oppose the motion. STANDARD OF REVIEW The moving party bears the initial burden of making a prima facie...
2021.10.08 Demurrer, Motion to Strike 272
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.10.08
Excerpt: ...nformation sufficient to form a belief as to the accuracy of the plaintiff's allegations in paragraph 12 of the complaint and on that basis denies each and every allegation in that paragraph, because plaintiff knows, is presumed to know, or has means of ascertaining whether the facts alleged in the complaint in that paragraph are true or false; and the cited affirmative defenses are fatally defective and improper as they only state legal conclusi...
2021.10.08 Motion to Strike Pleadings and Enter Default Against Suspended Entities 488
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.10.08
Excerpt: ...mart, Inc. as DOE 4, Callarick Business, Inc. as DOE 5, Labtech Greenhouses, Inc. as DOE 6, Callarick Enterprises, LP as DOE 7, and 2nd Hand Hydro, LLC as DOE 8. On October 23, 2019 defendants Labmor Enterprises, Inc., Casey Labbitt, Stephanie Labbitt, CMP Agg Innovations, LLC., Constantly Growing, LLC, Constantly Growing, Inc., Callarick Business, Inc., Labtech Greenhouses, Inc., and Callarick Enterprises, LLC filed their answer to the complaint...
2021.10.08 Motion to Compel Deposition Testimony 112
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.10.08
Excerpt: ...ees and costs. The proofs of service declare that on August 19, 2021 Elizabeth Ramos was personally served the notice of hearing of this motion and on August 12, 2021 she was personally served notice of the hearing and the moving papers. There is no opposition in the court's file. “Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (co...
2021.10.08 Motion to Consolidate Cases 027
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.10.08
Excerpt: ...nd attorney fees. On January 25, 2021 plaintiffs filed an action against defendants asserting causes of action for breach of contract by promissory estoppel and fraud allegedly arising out of a written two year commercial lease agreement, an alleged promise to provide plaintiffs with an additional three year term, and an option for a five year extension. (Case Number PC‐20210027.) On June 30, 2021 the court entered its order compelling arbitrat...
2021.10.01 OSC Re Preliminary Injunction 340
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.10.01
Excerpt: ...OSC and preliminary injunction. At the hearing on July 7, 2021, plaintiff appeared by Zoom and she stated she had not provided a Zoom invite to the defendants as she believes she is being blocked by the defendant. The court acknowledged the related family law case and noted that no judgment has been entered declaring who owns the subject real property. The court heard further testimony by plaintiff, denied the TRO, and set this hearing date for t...
2021.10.01 Motion to Strike 041
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.10.01
Excerpt: ...ages asserting the following grounds: the vague and general allegations are insufficient to support an award of punitive damages; the allegations are purely conclusory; and plaintiff has not alleged a single specific act, failure to act, or communication that could rise to the level of despicable conduct or fraud. Plaintiff opposes the motion asserting the following grounds: the allegations of the 1st amended complaint sufficiently allege facts t...
2021.10.01 Motion to Deem Matters Admitted, for Sanctions 239
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.10.01
Excerpt: ... verified responses were due on or about June 29, 2021. (Id., ¶ 3.) That deadline expired without plaintiff having served any responses or having requested an extension of time to respond. (Ibid.) While not required to meet and confer prior to filing the motion (Code of Civ. Proc. § 2033.280), defendant's counsel emailed plaintiff's counsel on July 8, 2021, to inquire about the status of the responses. (1 Burke Decl., ¶ 4 & Ex. B.) Plaintiff's...
2021.10.01 Motion for Summary Judgment, Adjudication 330
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.10.01
Excerpt: ...ion as the evidence objected to is not germane to the disposition of defendants Jamil L. White, individually and doing business as Louis White, P.C.'s (“defendants”) motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) The Court declines to rule on defendants' evidentiary objections made in their response to plaintiffs' separate statement because “[a]ll written objections to evidence must be served and filed separately from t...
2021.09.24 Motion for Preliminary Injunction 384
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.09.24
Excerpt: ... of whatever nature now or hereinafter located in, on, or used in connection with the property . Plaintiff applied for a TRO and OSC Re: Preliminary Injunction. After hearing argument at a hearing on July 23, 2021, the court granted the application for a TRO and issued an Order to Show Cause why a preliminary injunction should not issue against defendant enjoining defendant and all other persons from removing from defendant's real property the ma...
2021.09.24 Demurrer 392
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.09.24
Excerpt: ...re was no breach of contract by defendant; plaintiff has no excuse for failure to perform all obligations required by plaintiff under the management agreement and addendum; there was no breach of the implied covenant of good faith and fair dealing of an option agreement as no such agreement exists; there was no breach of the covenant of good faith and fair dealing of the management contract as plaintiff has not adequately alleged the existence of...
2021.09.24 Demurrer 223
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.09.24
Excerpt: ...rning a project wherein defendant Stix Development was allegedly constructing a business premises and selling it to plaintiffs. Defendants/Cross‐Complainants Feister and Stix Development filed a 1st amended crosscomplaint on May 24, 201 against various cross‐defendants asserting various causes of action. The only causes of action asserted against alleged real estate brokers Esway and Crossroad Ventures Group, Inc. are for comparative indemnit...
2021.09.17 Demurrer 419
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.09.17
Excerpt: ...endant imposed an adverse employment action on plaintiff; plaintiff failed to adequately allege a causal connection between protected activities and an adverse employment action; and the Government Code discretionary acts immunity bars this action. Plaintiff opposes the demurrer on the following grounds: plaintiff sufficiently alleged that she engaged in protected activities; plaintiff alleged sufficient facts that establish that plaintiff was su...
2021.09.17 Demurrer 420
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.09.17
Excerpt: ...nt imposed an adverse employment action on plaintiff; plaintiff failed to adequately allege a causal connection between protected activities and an adverse employment action; and the Government Code discretionary acts immunity bars this action. Plaintiff opposes the demurrer on the following grounds: plaintiff sufficiently alleged that she engaged in protected activities; plaintiff alleged sufficient facts that establish that plaintiff was subjec...
2021.09.17 Motion for Preliminary Injunction 536
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.09.17
Excerpt: ... parcel; the parcel has not been subdivided, yet the parcel is divided into separate Assessor's parcel numbers for each interest; and defendant is engaging in certain conduct on her APN without the required permits, which exposes the other parcel owners to liability. A preliminary injunction shall not be granted without notice to the opposing parties. (Code of Civil Procedure, § 527(a).) “An injunction may be granted in the following cases: ¶...
2021.09.17 Motion to Compel Mental Exam 283
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.09.17
Excerpt: ...tachment, paragraph GN‐1.) Defendants Pacific Bell Telephone Co. and Medel move for an order directing plaintiff to submit to a mental examination conducted by Dr. Strassberg for the purpose of determining plaintiff's mental, psychological, and neurological conditions as well as plaintiff's post‐traumatic stress disorder, depression, and other psychological and mental injuries claimed in this action. Defendants state that the examination shou...
2021.09.03 Motion to Expunge Lis Pendens 234
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.09.03
Excerpt: ...ve to expunge the notice of pendency of action (Lis Pendens) that was recorded related to the subject real property. Defendants contend: plaintiff is unable to establish by a preponderance of the evidence the probable validity of its real property claim that the disputed location of the subject express easement is not the current road; a correct interpretation of the language of the 1977 grant deed establishes that the current dirt road is the ea...
2021.08.20 Motion for Sanctions for Misuse of Discovery Process 010
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.08.20
Excerpt: ...rts. (Declaration of Justin P. Rodriguez in Support of Motion, Ex. C.) The matter was continued to January 22, 2021. In response to the court's order, plaintiffs' counsel sent additional correspondence to defendant's counsel in an effort to meet and confer. (Id., ¶ 4 & Exs. D, E.) Defendant's counsel did not respond. (Id., ¶ 4.) The matter was next on calendar January 22 and 29, 2021. In an order issued on January 29, 2021, the court granted ne...
2021.08.20 Demurrer, Motion to Strike 644
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.08.20
Excerpt: ...and is based on the same or similar claims. On February 26, 2021, the court sustained defendant's demurrer to the original complaint, with leave to amend. Plaintiff timely filed a First Amended Complaint. The parties then stipulated to allow plaintiff to file a Second Amended Complaint. On June 18, 2021, the court sustained defendant's demurrer to the Second Amended Complaint, with leave to amend. Plaintiff's Third Amended Complaint (“TAC”), ...
2021.08.20 Demurrer, Motion to Strike 162
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.08.20
Excerpt: ...isrepresentation and survival action – fraud allegedly arising from the circumstances surrounding plaintiff's decedent's care and discharge from Progress House, Inc.'s treatment program and subsequent death in her home by accidental heroin overdose less than 24 hours after discharge. Defendant demurs to all causes of action on the following grounds: the wrongful death cause of action is defective in that it fails to include the affidavit or dec...
2021.08.20 Demurrer 087
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.08.20
Excerpt: ...swer states a defense is governed by the same principles which are applicable in determining if a complaint states a cause of action. [Citation.] “These well‐defined principles include the following: ‘A demurrer reaches only to the contents of the pleading and such matters as may be considered under the doctrine of judicial notice' [citations]; the allegations of the pleading demurred to must be regarded as true [citations]; a demurrer does...
2021.08.13 Motion for Preliminary Injunction 536
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.08.13
Excerpt: ... parcel; the parcel has not been subdivided, yet the parcel is divided into separate Assessor's parcel numbers for each interest; and defendant is engaging in certain conduct on her APN without the required permits, which exposes the other parcel owners to liability. A preliminary injunction shall not be granted without notice to the opposing parties. (Code of Civil Procedure, § 527(a).) “An injunction may be granted in the following cases: ¶...
2021.08.06 Motion to Set Compensation for Expert Physician 320
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.08.06
Excerpt: ...nd the $1,500 per hour charged by Dr. Winter for videotaped depositions. Plaintiff moves for the court to set the hourly fee to be charged by Dr. Winter for videotaped deposition testimony as $850 per hour, which is the rate the doctor charges defendant for expert consultation. Plaintiff further requests that defendant and his counsel be ordered to pay monetary sanctions in the amount of $2,200. Defendant opposes the motion on the following groun...
2021.08.06 Motion to Set Aside Default 029
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.08.06
Excerpt: ... for an award of actual damages, a civil penalty in an amount not less than $100, nor more than $1,000 as provided in the Act, and reasonable attorney fees and costs as provided by the Act. The proof of service filed on March 12, 2021 declares that defendant was served by substituted service at its place of business located at 900 Ski Run Blvd., Suite 103, South Lake Tahoe, California on March 2, 2021 by leaving the documents with an employee who...
2021.07.30 Demurrer, Motion to Strike 237
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.07.30
Excerpt: ...2021, asserts causes of action for (1) disability discrimination, (2) failure to provide reasonable accommodation, (3) retaliation, and (4) breach of the covenant of good faith and fair dealing. Pending is Raley's demurrer to the verified complaint and motion to strike punitive damages from the verified complaint. A. DEMURRER TO VERIFIED COMPLAINT 1. Standard of Review A demurrer is directed at the face of the complaint and to matters subject to ...
2021.07.30 Motion for Summary Judgment 236
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.30
Excerpt: ...motor vehicle accident, because he was not employed by defendant Lytx, Inc. at the time of the subject motor vehicle accident, therefore, defendant Kirkpatrick was not acting in the course and scope of employment with Defendant Lytx, Inc. at the time of the subject accident; and defendant Lytx, Inc. can not be held liable for negligent entrustment of the vehicle defendant Kirkpatrick was driving at the time of the subject accident and not statuto...
2021.07.30 OSC Re Preliminary Injunction 340
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.30
Excerpt: ...OSC and preliminary injunction. At the hearing on July 7, 2021, plaintiff appeared by Zoom and she stated she had not provided a Zoom invite to the defendants as she believes she is being blocked by the defendant. The court acknowledged the related family law case and noted that no judgment has been entered declaring who owns the subject real property. The court heard further testimony by plaintiff, denied the TRO, and set this hearing date for t...
2021.07.30 Motion to Compel Arbitration, Stay Action 089
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.30
Excerpt: ...on.). There is a pending arbitration proceeding between plaintiff and defendant Multi‐Housing Tax Credit Partnership, which was filed on March 10, 2021, shortly after the initial complaint in this action was filed on February 26, 2021. Plaintiff moved to stay the arbitration proceeding pending the resolution of the litigation in this case. The court's tentative ruling denied the motion and that motion is set for oral argument at 2:30 p.m. on Fr...
2021.07.23 Preliminary Injunction, TRO 234
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.23
Excerpt: ... is now used as a District park. Plaintiff moves for a preliminary injunction prohibiting defendants from altering, damaging or destroying the District's property; prohibiting trespass on district property or trespass to the District's chattels; directing defendants to obtain ingress and egress as the status quo existed prior to the destruction and removal of the District's fencing and gate on April 28, 2021; and barring defendants from blocking,...
2021.07.23 Motion to Quash Service of Summons 061
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.07.23
Excerpt: ...er complaint. A motion to quash service of summons permits a defendant to challenge personal jurisdiction where the summons is improper or the statutory requirements for service of process are not fulfilled. In the context of unlawful detainer, a defendant may properly file a motion to quash to challenge an unlawful detainer five‐day summons accompanied by a complaint that fails to include even the minimal allegations necessary to justify an un...
2021.07.23 Motion to Expunge Lis Pendens 489
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.23
Excerpt: ...s of action of continuing trespass, private nuisance, negligent infliction of emotional distress, and declaratory relief. Defendant Lopez moves to expunge the notice of pendency of action (Lis Pendens) that was recorded related to the subject real property. Defendant contends: plaintiff can not meet his burden of proof, because the causes of action for enforcement of oral agreement, promissory estoppel, promise without intent to perform, false re...
2021.07.16 Motion to Deposit by Stakeholder 191
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.16
Excerpt: ...ants, which are conflicting claims on the subject bond; Wesco Ins. Co. is a mere stakeholder and has no interests in the subject bond proceeds; although the penal sum had increased to $15,000 in 2016, the increase only applies to homeowner claimants and claimants Green's claim is limited to $7,500 by Business And Professions Code, § 7071.6, because they only claimed damages for construction of a future residence; Financial Pacific Ins. Co.'s ind...
2021.07.16 Motion to Compel Further Answers 629
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.16
Excerpt: ...amages. Defendant Georgia Wanland moves to compel further responses to special interrogatories, numbers 3, 9‐11, 15‐18, 22, 25, 28, 31, and 34; and requests for production, numbers 1‐4, 6, 7, and 8‐11. Defendant further requests that the court award defendant $15,405.83 in monetary sanctions. Then proofs of service declare that on May 27, 2021 plaintiff was served notice of the hearing and the moving papers by mail to plaintiff's Hillsdal...
2021.07.16 Motion for Summary Judgment 210
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.16
Excerpt: ... further seeks recovery of attorney fees and costs incurred to collect the debt as provided in the credit agreement attached to the complaint. Defendant answered by admitting all statements of the complaint, except “Based on Monthly Credit Terms of $3,000. I believe the $31,334.44 is an excessive amount.” The answer also asserted the affirmative defense of the four year statute of limitations. Plaintiff moves for summary judgment /summary adj...
2021.07.16 Motion for Reconsideration 220
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.16
Excerpt: ...d, the motion, the opposition and reply, the court issued its final ruling on the demurrer by adopting the tentative ruling as the final ruling and overruling the demurrer. The clerk mailed the April 7, 2021 minute order adopting the tentative ruling and overruling the demurrer to the parties' respective counsels on April 7, 2021. On April 19, 2021 defendant filed a motion for reconsideration of the ruling overruling the demurrer and to enter an ...
2021.07.09 Motion to Compel Responses 012
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.07.09
Excerpt: ...o Code of Civil Procedure § 708.020. (Mot., Declaration of Bruce Grego, ¶ 2 & Ex. 2.) Defendant has not served any verified responses on plaintiff. (Id., ¶ 3.) In opposition, defendant states that she believed the case was automatically stayed pending appeal, and so she did not respond. Plaintiff's motion is well taken. To date, defendant has not served any responses. Additionally, instead of verifying whether or not a stay was in place pendin...
2021.07.09 Motion to Compel Further Responses 622
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.09
Excerpt: ... in this motion. Plaintiff opposes the motion on the following grounds: plaintiff's objections are appropriate; the special interrogatories are not contention interrogatories, because they are not phrased as “Do you contend that…” with follow‐up questions; plaintiff had no duty to produce any documents in response to request for production number 25, because the objections are appropriate; and monetary sanctions should be denied as there ...
2021.07.09 Motion for Leave to File FAC 041
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.09
Excerpt: ...cuments on April 29, 2021; to add cause of action for 1st party bad faith (Insurer Bad Faith) based upon the facts already pled and the proposed additional allegations of fact; and to make additions to plaintiff's prayer based upon the newly proposed cause of action for bad faith. Plaintiff argues granting leave to amend is justified for the following reasons: under the circumstances presented, leave to amend was timely sought; defendant will not...
2021.07.02 Demurrer, Motion to Strike 635
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.02
Excerpt: ... action on the following grounds: the breach of Civil Code, § 5100 and violation of Civil Code, §§ 5300 et seq. causes of action are fatally defective as the recorded declaration of C,C,&Rs does not allege strict compliance with the requirements of Civil Code, § 4250 to state that the association is a planned development or any facts supporting compliance with Section 4250, which results in the association not being subject to the statutory r...
2021.07.02 Motion to Stay Proceedings 051
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.02
Excerpt: ... all applicable hourly rates and the corresponding number of hours worked at each rate; and that under the cause of action brought under the Private Attorney General' Act (PAGA), plaintiff and the aggrieved employees may recover all applicable civil penalties on behalf of the State. Defendant moves to stay proceedings in this action until the consolidated cases of Phan v. Marshall Medical Center, Case Number PC‐20190029, which was filed on Janu...
2021.07.02 Motion for Summary Judgment 299
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.07.02
Excerpt: ...rust estate; the purported “wild deed”, which purports to transfer the subject real property to Kevin Michael Schilling™ and Donald Joseph Bracco™ as joint tenants is void and invalid in that the grantor set forth in the deed, the defendant purportedly as beneficiary of the Bracco Family Trust, had no right or title to the real property when the transfer was purportedly made; two other documents must be cancelled as the recorded certifica...
2021.06.25 Motion to Stay Arbitration 089
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.06.25
Excerpt: ...the same transactions and facts as the Second Arbitration but includes parties that are not subject to the agreement to arbitrate, and (b) seeks a judicial declaration that the Final Award in the First Arbitration is res judicata as to the claims asserted by Multi‐Housing in the Second Arbitration.” (Emphasis in original.) (Plaintiff's Memorandum of Points and Authorities in Support of Motion, page 1, lines 5‐10.) Plaintiff asserts that the...
2021.06.25 Motion to Compel Arbitration, Appoint Arbitrator 064
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.06.25
Excerpt: ...of a dispute arising out of the insurance agreement/policy related to his claim under the uninsured motorist coverage of that policy. Claimant requests that the court appoint either attorney Thomas Spaulding, or Retired Judge Richard Gilbert to arbitrate the dispute. The proofs of service declare that on April 12, 2021 USAA's attorney was served notice of the motion and the moving papers by certified mail and electronic transmission. There is no ...
2021.06.25 Motion for Summary Judgment 575
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.06.25
Excerpt: ...he court took the matter under submission. On September 16, 2019 the court sustained the demurer to the promissory estoppel cause of action without leave to amend and overruled the demurrers to the disability discrimination by failure to accommodate and disability discrimination by failure to engage in the interactive process causes of action. Defendant moves for summary judgment or summary adjudication of the remaining causes of action on the fo...
2021.06.18 Petition for Writ of Mandate 631
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.06.18
Excerpt: ...G Placerville LLC (“TMG”) was not awarded a cannabis business permit and was not selected as an alternate. On December 15, 2020, TMG filed a Verified Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief against the City, the City Council, and RPI. Pursuant to Code of Civil Procedure §§ 1085 and 1094.5, TMG seeks a writ of mandate directing the City to vacate and set aside the City Council's approval of the issued...
2021.06.18 Motion to Declare Vexatious Litigants 266
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.06.18
Excerpt: ...us litigants pursuant to Code of Civil Procedure, § 391(b)(1), because Judge McLaughlin entered an order in Tevis v. Mittelstadt, case number PC‐20200273, finding that plaintiffs Tevis were vexatious litigants under Section 391(b)(1) and entering a prefiling order under Section 391.7; the plaintiffs are vexatious litigants pursuant to Code of Civil Procedure, § 391(b)(1), because plaintiffs in the preceding seven‐year period has commenced, ...
2021.06.18 Motion to Compel Further Production of Docs 622
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.06.18
Excerpt: ...s to compel production of all documents and things described in Requests for Production, Request Numbers 5, 6 and 18 on the ground that the objections to production lack merit. Plaintiff also requests an award of $7,945 in monetary sanctions. Defendant opposes the motion on the following grounds: defendant's six narrative videos were created by defendant in anticipation of litigation and, therefore, are protected by the attorney‐client privileg...
2021.06.18 Motion to Compel Compliance with Subpoena, for Sanctions 661
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.06.18
Excerpt: ...harter, ejectment as plaintiff is entitled to possess the property and defendant remains wrongfully in possession of the property preventing 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 Vall...
2021.06.18 Motion for Leave to File TAC 069
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.06.18
Excerpt: ...e the motion on the following grounds: defendants suspect that the proposed new plaintiffs who became HOA members after the judgment was entered against the HOA are not liable to pay that judgment against the HOA through any assessment imposed on HOA members, therefore, the 3rd amended complaint fails to state any cause of action of the new plaintiffs against defendants; and, therefore, leave to amend should be denied as the proposed amendment fa...
2021.06.18 Demurrer, Motion to Strike, to Consolidate Actions 644
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.06.18
Excerpt: ...that the related action is still pending and involves the same parties and is based on the same or similar claims. On February 26, 2021, the court sustained defendant's demurrer to the complaint, with leave to amend. Plaintiff timely filed a First Amended Complaint on March 1, 2021. The parties then stipulated to allow plaintiff to file a Second Amended Complaint. The Second Amended Complaint (“SAC”) was filed March 12, 2021. Before the court...
2021.06.11 Motion for Preliminary Injunction 234
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.06.11
Excerpt: ...laintiff moves for a preliminary injunction prohibiting defendants from altering, damaging or destroying the District's property; prohibiting trespass on district property or trespass to the District's chattels; directing defendants to obtain ingress and egress as the status quo existed prior to the destruction and removal of the District's fencing and gate on April 28, 2021; and barring defendants from blocking, obstructing, or inhibiting plaint...
2021.06.11 Motion for Summary Judgment 482
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.06.11
Excerpt: ...lling out shifted and about eight tables fell on top of him injuring his hip and back. Defendant/Cross‐Complainant American Legion Post 119 (cross‐complainant) filed a 1st amended cross‐ complainant against cross‐defendant Republican Central Committee (crossdefendant) asserting causes of action for indemnity, apportionment of fault, declaratory relief, and breach of contract. Cross‐ Defendant moves for summary judgment on the 1 st amend...
2021.05.28 Motion for Leave to Intervene 030
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.28
Excerpt: ...urse and scope of her employment with Safeway, Inc. The proofs of service declare that on March 25, 2021 notice of the hearing and the moving papers were served by mail and email to the plaintiff's counsel and on May 7, 2021 notice of the hearing and the moving papers were served by mail and email to defense counsel. There is no opposition to the motion in the court's file. “If any provision of law confers an unconditional right to intervene or...
2021.05.28 Motion for Leave to Examine Plaintiff at Deposition Longer than Seven Hours 143
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.28
Excerpt: ... in addition to the seven hours provided for by statute, for a total time of nine hours of examination by both defendants. Defendant asserts that the extra time is necessary to fairly examine the plaintiff as defendant Aerotek has had no time to examine plaintiff in the 5 ½ hours of the deposition and Aerotek needs at least one hour of time to question plaintiff about his claims against Aerotek; and the extra time is necessary due to other circu...
2021.05.28 Demurrer 127
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.28
Excerpt: ... the plaintiff filed the 1st amended complaint. The proofs of service filed on that same date declare that on March 25, 2021 defendant was served the 1st amended complaint by mail to defendant's address of record and by email. Defendant demurs to the complaint on the following grounds: the alleged lease is not attached to the complaint, because the 1st amended complaint alleges the lease expired on September 25, 2020 while the attached lease stat...
2021.05.28 Motion to Compel Further Responses 436
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.28
Excerpt: ...17.1 seeking all facts upon which they based their responses to requests for admission, numbers 3, 7, 31, 48, 60, 63, 73, 77, 81, 82, 83, 85, 86, 87, 91, 96, and 101 and to identify witnesses and evidence to support the responses were evasive and incomplete. Defendants/Cross‐Complainants Kaufman oppose the motion on the following grounds: they have substantially complied with the discovery propounded and are reasonably justified in objecting an...
2021.05.21 OSC Re Preliminary Injunction 202
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.21
Excerpt: ...efendants, plaintiffs' failure to pay a portion of the down payment in the amount of $45,000 when due and owing, and the plaintiffs deeding back title to the defendants as provided by the terms of an addendum to the sale/financing agreement, which plaintiffs contend was illegal and void as it allowed defendants to obtain title to the property without resort to the allegedly mandated judicial or non‐judicial foreclosure procedure. Plaintiffs app...
2021.05.21 Motion to Compel Further Responses 059
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.21
Excerpt: ...the amount of $3,755. Plaintiffs argue that defendants failed to assert proper objections as they were boilerplate and baseless objections that were inapplicable or without merit; defendants provided only evasive and partial responses; and defendants refused to produce a single document. Defendants oppose the motion on the following grounds: form interrogatory number 8.4 is irrelevant, because defendant Folsom Family & Sports Medicine Group had r...
2021.05.21 Motion for Summary Judgment 061
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.21
Excerpt: ..., LLC and the amended promissory note allegedly executed on September 1, 2019, which was allegedly consistent with a final arbitration award that was pending entry as a judgment in Los Angeles County Superior Court case number 19STCP04266 and included a new payment plan. Plaintiff moves for summary adjudication of the 1st cause of action for breach of contract pled solely against defendant Roundhay Properties, LP and the 2nd cause of action for b...
2021.05.14 Motion for Summary Judgment 233
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.14
Excerpt: ...ssociation moves for entry of summary judgment or summary adjudication on the following grounds: plaintiff's membership application contained a release of liability for use of “The Club at Blackstone”, a recreational fitness club managed by defendant Vierramore, Inc., which bars this lawsuit; the action is barred by the doctrine of primary assumption of the risk; and defendants did not engage in conduct that was totally outside the range of o...
2021.05.14 Motion for Summary Judgment 127
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.14
Excerpt: ...ts owed no duty of due care to plaintiff as he lacks standing to sue; there are no cognizable claims that defendants caused any damages to plaintiff to a legal certainty as he settled his claims against a third party and retrieved the assets he claims the Trust lost; and all of plaintiff's claims are barred by the applicable statute of limitation. Plaintiff opposes the motion on the following grounds: the court should exercise its discretion to d...
2021.05.14 Motion for Terminating Sanctions 160
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.14
Excerpt: ...by mail to plaintiff's counsel and defense counsel on March 12, 2021. Acknowledging receipt of further discovery responses before the hearing on the motion, defendant argues that plaintiff has not fully complied with the court's discovery order in that the further responses served prior to the hearing on the motion to compel were deficient as to special interrogatory numbers 16, 19, and 25, and plaintiff has failed to provide compliant amended re...
2021.05.14 Motion to Compel Arbitration 470
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.05.14
Excerpt: ...isputes raised in this action and to stay this case pending arbitration. Defendants assert: defendants met their burden to prove the existence of the arbitration agreement; plaintiff is bound by the arbitration agreement; the dispute raised in this action falls within the scope of the arbitration agreement as it seeks an adjudication of the validity of the Water Rights and Easement Agreement; there are no grounds to invalidate the arbitration agr...
2021.05.14 Motion to Compel Further Responses 161
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.05.14
Excerpt: ...(Set One). Preliminary Matters The court finds that plaintiffs have established the reasonable and good faith meet‐ and‐confer requirements prior to filing the instant motions. (Code of Civ. Proc. §§ 2016.040, 2030.300(b), 2031.310(b).) There being no objection to the form of plaintiffs' proposed Belaire‐West notice,1 plaintiffs' request to approve the notice is granted. (Pls. Index of Exhibits in Support of Motion to Compel, Exhibit I.) ...
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 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...

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