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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 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...
2021.12.03 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...
2021.11.19 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 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...
2021.11.12 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...
2021.11.05 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 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...
2021.11.05 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 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...
2021.10.29 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 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...

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