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452 Results

Location: El Dorado x
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...
2021.07.23 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 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...

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