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525 Results

Location: El Dorado x
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...
2019.5.17 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...
2019.5.16 Motion for Reconsideration, for Trial Preference 032
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.5.16
Excerpt: ...suant to Code of Civil Procedure, § 36(b) on the following grounds: minor plaintiff Dylan B. is four years old and has a substantial interest in the action. Notice of the March 14, 2019 hearing on the motion for preference and the moving papers were served by mail to defendant Select Property Management, Inc. There was no opposition to the motion in the court's file and the motion was granted. Therefore, trial must be set to commence within 120 ...
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...
2019.5.10 Demurrer 459
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.5.10
Excerpt: ... is a fatal defect as a misjoinder of parties within the meaning of Code of Civil Procedure, 430.10(d); the fraud based causes of action are fatally defective, because plaintiffs have failed to allege damages as a result of the alleged fraudulent conduct; the fraud based causes of action are vague, ambiguous, and uncertain in that they fail to plead facts with the required specificity to establish each of the elements of those causes of action; t...
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 ...
2019.4.25 Motion to Vacate and Dismiss Complaint for Fraud Upon the Court 296
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.25
Excerpt: ...UCC filings to send acknowledgments to the Angela Kim Carleton Trust and Deryl C. Zeleny. Default was entered against the respondents on February 26, 2019. On March 28, 2019 the court granted a default judgment striking and releasing the UCC liens and awarding petitioners attorney fees and costs in the amount of $12,835.50. Respondent Zeleny filed a motion to vacate and dismiss the complaint for fraud upon the court on behalf of both respondent Z...
2019.4.19 Preliminary Injunction 288
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.19
Excerpt: ...nt would not release the vehicle to him without payment of an undisclosed amount by cashier's check. On April 5, 2019 the court reviewed plaintiffs' ex parte application for a temporary restraining order and preliminary injunction to prevent defendant Orchid Management from selling the vehicle to obtain payment for the purported disputed debt and to prevent the defendant DMV from transferring title pursuant to any such sale. The court granted the...
2019.4.18 Motion for Leave to File Amended Complaint 414
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.18
Excerpt: ...ty against defendant Milgard. Plaintiffs argue that they should be granted leave to amend for the following reasons: the facts or evidence that will support the causes of action for negligence and strict liability will be the same or similar to those facts used to support the claim for breach of express warranty against defendant Milgard; there is no surprise or prejudice to defendant by permitting the amendment; and depositions have not yet been...
2019.4.18 Motion to Disqualify City Attorney, Request to Discharge Receiver 462
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.18
Excerpt: ...ge in certain activities related to the subject real property. On August 27, 2018 respondent Rawat filed a notice of appeal from that order, which remains pending in the Third District Court of Appel. The filing of the appeal does not automatically stay the order appointing the receiver. “The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from appoints a receiver,...
2019.4.18 Petition to Confirm Arbitration Award, to Vacate Contractual Arbitration Award 018
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.18
Excerpt: ...r 2016 the parties agreed to the following: the Oregon litigation between the parties would be dismissed without prejudice; plaintiff would refile the case in El Dorado County; defendants would appear and accept jurisdiction in El Dorado County; the parties will mediate the dispute; and if mediation fails, the parties will promptly submit to an arbitration of the dispute, which will be binding and not appealable. On February 14, 2018 the court gr...
2019.4.12 Demurrer 553
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.12
Excerpt: ...ficient particularity a cause of action for dangerous condition of public property, because plaintiff failed to allege that the cause of action was premised upon Government Code, § 835. Plaintiff opposes the demurrers on the following grounds: the allegations of the general negligence cause of action sufficiently state a cause of action for a dangerous condition of public property; the facts alleged in the premises liability cause of action are ...
2019.4.11 OSC Re Civil Contempt, Motion for Leave to File Amended Complaint 178
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.11
Excerpt: ..., 2018 order compelling the deposition. Plaintiffs also seek an award of $5,400 in monetary sanctions against defendant. Defendant Seymour West, LLC opposes the motion on the following grounds: plaintiffs failed to comply with the procedural requirements to maintain an action for civil contempt in that they failed to apply for issuance of an OSC Re: Contempt; defendant Seymour West, LLC is not in contempt, because the facts establish defendant ha...
2019.4.11 Motion to Trial Date 616
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.11
Excerpt: ...ffs move to advance the trial date to be set within 120 days of May 24, 2019. Plaintiffs contend that there exists good cause to advance the trial date, because plaintiffs are suffering emotional distress and financial hardship from the litigation due to two last minute trial continuances. Defendants DeVincenzi and DeVincenzi and Associates, Inc. (DeVincenzi) oppose the motion on the following grounds: the interest of justice is not served by gra...
2019.4.11 Motion to Quash Writ of Possession 246
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.11
Excerpt: ...possession on March 15, 2019, the court denied the claim. Bankruptcy Stay The court was informed on January 30, 2019 that the motion to stay and motion for relief from the automatic stay were set for hearing before the bankruptcy court on February 12, 2019. At the hearing on January 30, 2019 the court referred to Lee v. Baca (1999) 73 Cal.App.4th 1116, 1119‐1122 for the proposition that a bankruptcy petition filed after entry of judgment does n...
2019.4.11 Motion for Leave to File Amended Answer and Complaint 539
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.11
Excerpt: ...egations of the complaint and asserted two affirmative defenses that plaintiff had not complied with CEQA or NEPA requirements by failure to adequately consider and mitigate effects of the public project on defendant's property with respect to ingress and egress of vehicles onto the widened public highway. On February 8, 2019 defendant MHS Ponderosa Limited Partners filed a motion for leave to file an amended answer and a cross‐complaint. Defen...
2019.4.5 Demurrer 575
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.5
Excerpt: ...nment Code, § 815, because promissory estoppel is a common law claim and there is no specific statutory authority alleged in the complaint that declares governmental entities are liable for promissory estoppel; defendant County is immune from liability for the alleged misrepresentation related to leave coverage under Government Code, § 818.8; the failure to accommodate cause of action is fatally defective in that plaintiff admits her doctor adv...
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...
2019.4.4 Motion to Quash Service of Summons, Petition for Writ of Mandate 050
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.4
Excerpt: ... of the Board as mandated by Public Resources Code, § 21167.6(a) and Code of Civil Procedure, § 416.50. Respondent County also moves to dismiss the action with prejudice on the grounds that petitioner failed to properly serve respondent County within ten days of filing the petition as required by Public Resources Code, § 21167.6(a); and/or the action is barred by the applicable statute of limitations as it was not timely filed. Petitioner oppo...
2019.4.4 Motion to Vacate Order 410
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.4.4
Excerpt: ...e motion, ordered that venue be changed to the Los Angele County Superior Court, and ordered plaintiff to pay defendant $2,490 in attorney fees and costs incurred to pursue this motion. On January 9, 2019 plaintiff filed this motion to vacate the order pursuant to the provisions of Code of Civil Procedure, § 473(b). Plaintiff contends the order granting the motion was due to mistake, inadvertence, surprise, or excusable neglect due to the follow...
2019.3.29 Motion to Compel Binding Arbitration 213
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.3.29
Excerpt: ...rt to order the parties to the agreement to arbitrate a dispute. The court shall order arbitration, 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. [Cit...
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...
2019.3.22 Motion to Compel Further Responses, Production of Docs 031
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.3.22
Excerpt: ...sponses to plaintiff's form interrogatories and request for production of documents. (Id., Ex. 2.) She objected to disclosure of the subject report on the basis of attorney‐client privilege and work‐ product doctrine, and declined to produce the report. (Ibid.) In a letter to defendant's attorney dated October 12, 2017, plaintiff's attorney raised the issue of the report, arguing that he believed he was legally entitled to it and that any pri...
2019.3.8 Motion to Compel Discovery Responses 141
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.3.8
Excerpt: ...cluding “Errors and Omissions, negligence, etc.” (Def.'s Mot. at 6:16–23.) Defendant states that Alling “refused to provide the insurance information.” (Id. at 6:24–25.) The discovery statutes “must be construed liberally in favor of disclosure unless the request is clearly improper by virtue of well‐established causes for denial.” (Greyhound Corp. v. Super. Ct. (1961) 56 Cal.2d 355, 377 [15 Cal.Rptr. 90].) The test of discovera...
2019.3.8 Demurrer 207
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.3.8
Excerpt: ...rict. Now pending is the Resort Defendants' demurrer to plaintiffs' First Cause of Action for Negligence/Premises Liability/Failure to Warn. The demurrer is made on the basis that the First Cause of Action fails to state facts sufficient to constitute a valid cause of action because: (1) the Resort Defendants did not owe any legal duty to warn of or protect plaintiffs from alleged dangers on adjacent property that the Resort Defendants did not ow...

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