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525 Results

Location: El Dorado x
2021.02.19 Application for Writ of Possession 634
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.19
Excerpt: ...suance of a prejudgment writ of possession. Plaintiff's Director of Resolution and Recovery declares the following in support of the application: on February 22, 2018 plaintiff and defendant entered into a written rental purchase agreement wherein defendant received possession of a portable storage building, plaintiff retained ownership of the building until paid in full, and after full payment defendant would acquire ownership; pursuant to the t...
2021.02.19 Application for Right to Attach Order, Writ of Attachment 528
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.19
Excerpt: ...C. Plaintiff filed a complaint asserting a breach of promissory note cause of action against defendant Thirty Three Thirty Three, LLC and a breach of guarantee cause of action against defendants Thomas and Fishman. On November 13, 2021 the court issued temporary protective orders against defendants that secured the amount of $40,000, which expired by its terms 40 days later. (See Temporary Protective Orders, paragraphs 3.d.(3).) Plaintiff seeks i...
2021.02.05 Application for Right to Attach Order and for Writ of Attachment 633
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.05
Excerpt: ...dant GoldLine Brands, Inc. (6) Application for Right to Attach Order and for Writ of Attachment Re: Defendant Roundhay Regional Center, LLC. (7) Defendant Osur's Claim of Exemption. (8) Defendant Haley's Claim of Exemption. Applications for Right to Attach Orders and for Writs of Attachment Re: Defendant Haley, Defendant Osur, and Defendant Roundhay Properties, LP Plaintiff filed a 1 st amended complaint against numerous defendants asserting the ...
2021.01.29 Motions for Summary Judgment 020
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.01.29
Excerpt: ...Tahoe (“City”), and Jason Bunn. In 2019, Bunn and plaintiff reached a settlement agreement and Bunn was dismissed from this action. Pending are separate motions for summary judgment filed by the remaining defendants, the City and Tahoe. 1. STANDARD OF REVIEW A defendant moving for summary judgment bears the burden of persuasion that one or more elements of the cause of action at issue cannot be established or that there is a complete defense ...
2021.01.29 Motion for Summary Judgment 378
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.29
Excerpt: ...ities Code, § 2106; breach of implied warranty of fitness for a particular purpose; and loss of consortium. Defendant Liberty Utilities demurs to all causes of action on the following grounds: plaintiffs can not establish a negligence cause of action, because there is no evidence to support a finding that defendant Liberty Utilities breached any duty owed to them as defendant exercised the degree of ordinary care that can be reasonably be expect...
2021.01.29 Motions to Compel Further Responses 010
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.01.29
Excerpt: ...g are plaintiffs' motions to compel defendant's further responses to the second set of discovery requests. A. Revised Tentative Ruling Re: Motions Heard 1/22/21 This matter was continued from December 11, 2020, because defendant's attorney failed to respond to plaintiffs' attorney's multiple attempts to meet and confer prior to the hearing. The court ordered the attorneys to meet and confer over the disputed discovery responses and continued the ...
2021.01.22 Motion to Compel Further Responses 010
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.01.22
Excerpt: .... The court further directed plaintiffs' attorney to file an updated meet and confer declaration prior to this hearing. On January 15, 2021, plaintiffs' attorney filed an updated declaration which indicates that defendant's attorney did not bother responding to additional attempts to meet and confer over the disputed discovery. Having read and considered plaintiffs' moving papers, defendant's opposition, and plaintiffs' reply, the court rules as ...
2021.01.22 Motion for Judgment on the Pleadings, for Summary Adjudication 617
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.22
Excerpt: ...South Lake Tahoe for the sum of $80,000 with the escrow to close on or before September 30, 2017. Defendant moves for entry of judgment on the pleadings without leave to amend on the following grounds: the court can not order specific performance of the terms of the agreement, because the agreement expressly required that the escrow on the transfer of the real property interest was to close by September 30, 2017 and it is now impossible for any s...
2021.01.22 Demurrer, Motion to Strike 309
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.22
Excerpt: ...f emotional distress, negligent interference with prospective economic advantage and tort of another causes of action of the cross‐complaint of cross‐complainant Legacy Family Adventures with ten days leave to amend and dropped the motion to strike that pleading as moot. The 1st amended cross‐ complaint was filed on October 19, 2020. The proof of service of notice of entry of the order declares that the order was served by email on the inte...
2021.01.22 Application for Right to Attach Order and for Writ of Attachment 633
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.22
Excerpt: ...dant GoldLine Brands, Inc. (6) Application for Right to Attach Order and for Writ of Attachment Re: Defendant Roundhay Regional Center, LLC. TENTATIVE RULING # 3: THESE MATTERS ARE CONTINUED TO 8:30 A.M. ON FRIDAY, FEBRUARY 5, 2021 IN DEPARTMENT NINE. Law and Motion Calendar – Department Nine (8:30 a.m.) January 22, 2021 4 4. VU v. FEITSER PC‐20180223 Plaintiffs' Motion to Compel Responses to Requests for Production and Special Interrogatorie...
2021.01.22 Application for Appointment of Receiver 169
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.01.22
Excerpt: ...an ex parte basis and set the matter for hearing on January 22, 2021. Plaintiff's application is made pursuant to Civil Code § 2938, et seq., and Code of Civil Procedure (“CCP”) § 564, et seq. 1. BACKGROUND On November 2, 2018, defendant entered into a Loan Agreement (“Loan”) with Ladder Capital Finance, LLC. (Pl. App., Ex. A.) The original principal amount of the loan was $14,100,000.00. (Id., Ex. A, § 2.1.2.) The Loan is further evid...
2021.01.15 Demurrer 633
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.15
Excerpt: ...s on the following grounds: defendant GoldLine Brands, Inc. can not maintain demurrers to the fraud and deceit, negligent misrepresentation, and conversion causes of action, because it is a suspended corporation that may not defend itself against this action; and the 1st amended complaint sufficiently alleges a breach of contract cause of action against defendant Raas, because he was not an agent or vice‐ president of defendant Roundhay Partner...
2021.01.15 Demurrer 101
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.15
Excerpt: ...king the lease agreement illegal; defendants' continued tenancy is protected by Civil Code, § 1511 as defendant has been ordered to shelter in place due to COVID‐19 and his ability to pay rent has been impaired; the three day notices were improperly served in that they were not served by mail; and plaintiff failed to follow the requirements of the COVID‐19 Tenant Relief Act of 2020 as the plaintiff incorrectly stated on the mandated Judicial...
2021.01.15 Motion to Strike 473
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.15
Excerpt: ...unds: plaintiff failed to allege facts of intent to cause injury; the despicable conduct allegations are pled in a conclusory fashion; driving while old and in deteriorating health is not despicable conduct; the only behavior alleged in the complaint is alleged negligence conduct while defendant was old; the alleged facts do not support the kind of vile and contemptible conduct by defendant that is required to claim punitive damages for the motor...
2021.01.15 Demurrer, Motion to Strike 252
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.15
Excerpt: ...tive damages Defendants Michael Shinall and Patricia Shinall (Defendants Shinall) in a single motion demur to the 1st cause of action for negligence and 6th cause of action for intentional infliction of emotional distress and move to strike the punitive damages allegations. The court will address the arguments related to the motion to strike in the motion to strike portion of this ruling. Defendants Shinall demur to the 1st cause of action for ne...
2021.01.15 Petition for Writ of Mandate 624
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.01.15
Excerpt: ...), alleging that the City failed to proceed in a manner required by law. (See Code of Civ. Proc. § 1094.5; Gov't Code § 65000, et seq.) Petitioners seek a writ of mandamus invalidating the City's approval of the Project, and directing the City to vacate and set aside approval of Conditional Use Permit (“CUP”) 19‐01 and Site Plan Review (“SPR”) 19‐01. Petitioner's Opening Brief was filed September 29, 2020; Respondent's and Real Part...
2021.01.08 Motion for Judgment on the Pleadings 805
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.08
Excerpt: ...nt was received on March 28, 2019. Defendant answered the complaint by Judicial Council Form (Form PLD‐C‐010.) The form answer admits all of the allegations of the complaint, except paragraph 10.a, which defendant asserts is false. Paragraph 10.a. prays for damages in the amount of $8,269.80. Defendant did not assert any affirmative defenses to the action. Plaintiff moves for entry of judgment on the pleadings on the grounds that the complain...
2021.01.08 Demurrer 110
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.01.08
Excerpt: ...tion because plaintiff failed to notify the defendant in the 30 day notice of termination of tenancy the ground for termination in order to comply with the COVID‐19 Tenant Relief Act of 2020 as set forth in Code of Civil Procedure, § 1179.03.5(a)(3). Plaintiff opposes the demurrer on the following grounds: the mandate to provide a reason or cause for termination is set forth in Civil Code, §§ 1946.2, et seq. only applies to notices of termin...
2020.12.18 Demurrer 094
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.12.18
Excerpt: ...o sustain the demurrer without leave to amend. Plaintiffs oppose the demurrer on the ground that the COVID‐19 Tenant Relief Act of 2020 does not apply to commercial real estate. General Demurrer Principles When any ground for objection to a complaint appears on its face, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by demurrer to the pleading. (Code of Civil Procedur...
2020.12.18 Demurrer 081
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.12.18
Excerpt: ...fails to specify the exemption from increases and just cause eviction control and the purported just cause reason for eviction; the 60 day notice is, uncertain, vague, and ambiguous, because plaintiff alleges it was served on February 26, 2020 and it expired on February 26, 2020; and since plaintiff requested an award of attorney fees and costs in the prayer of the complaint, defendant is entitled to an award of attorney fees and costs in bringin...
2020.12.18 Demurrer 063
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.12.18
Excerpt: ...fendant has refused to leave the subject accessory dwelling; and plaintiff has plans to move her 97 year‐old mother into the accessary dwelling, which leaves her mother living alone in Redding and plaintiff needs her closer to care for her. Defendant demurs to the complaint on the following grounds: the complaint fails to allege any one of the statutory reasons allowing for eviction under the COVID‐19 Tenant Relief Act of 2020; the plaintiff ...
2020.12.11 Demurrer, Motion to Strike 058
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.12.11
Excerpt: ...otel, plaintiff sustained numerous bedbug bites which caused, and continues to cause, physical and emotional injury. Plaintiff complained about the bedbugs to defendants' managers and agents, but they failed to abate the infestation. Plaintiff's complaint asserts causes of action for (1) breach of implied warranty of habitability, (2) battery, (3) negligence—premises liability/failure to warn, (4) nuisance, (5) intentional infliction of emotion...
2020.12.11 Demurrer 630
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.12.11
Excerpt: ...te property location for the financial benefit of Chavez, which he contends constituted slave labor and violated his civil rights. At a court hearing on July 24, 2020, the court sustained the County's demurrer to plaintiff's 1st cause of action (“C/A”) for general negligence and 2nd C/A for intentional tort with leave to amend. Plaintiff's First Amended Complaint (“FAC”), filed September 8, 2020, alleges causes of action for (1) general n...
2020.12.11 Motion for Summary Judgment 220
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.12.11
Excerpt: ... on the ground that the causes of action are barred by the plaintiff's express assumption of the risk by agreeing in the rental contract that the landlord shall not be liable to the plaintiff tenant for injury or death as a result of the tenant's use of the property or premises, even if such injury is caused by active or passive negligence or omissions or negligence of the landlord, landlord's agents or employees, manager, or manger's employees. ...
2020.12.11 Motion to Deem Admitted Requests for Admissions, to Compel Responses 076
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.12.11
Excerpt: ...e served on plaintiff on June 22, 2020; defense counsel claimed that the defendant estate had no personal knowledge regarding the underlying facts; and despite a request for responses and production, deceased defendant David Rottman's estate failed to provide verifications for the responses. Plaintiff moves to compel answers to interrogatories and production of documents without objections; and to deem admitted the requests for admission. Plainti...
2020.12.11 Motion to Compel Further Responses 369
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.12.11
Excerpt: ... and Kim Fazio filed a 3rd amended complaint against defendant Federal Home Loan Mortgage Corp. and others asserting causes of action for cancellation of documents, fraud and slander of title related to the foreclosure sale of plaintiff's real property in 2014. Defendants JP Morgan Chase Bank's and Federal Home Loan Mortgage Corp.'s Counsel declares: on April 15, 2020 plaintiff Kim Fazio responded to form interrogatories and requests for admissio...
2020.12.04 Petition for Forfeiture 526
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.12.04
Excerpt: ...a person in exchange for a controlled substance, the proceeds was traceable to such an exchange, and the money was used or intended to be used to facilitate a violation of various provisions of the Penal Code and Health and Safety Code. The People pray for judgment declaring that the money is forfeited to the State of California. On November 23, 2020 respondent Esquivel filed a verified claim opposing the People's request for forfeiture. “The f...
2020.12.04 Motion to Stay and Abate Instant Action 083
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.12.04
Excerpt: ... judgment. Trial is set to commence in Singh v. Hamid on January 14, 2021. On June 26, 2020 plaintiff Hamid filed an action for involuntary dissolution of Fuel 4 Less, Inc. The 1st amended complaint for involuntary dissolution was filed on September 3, 2020. A case management conference is set for December 14, 2020. There is no trial date set. Citing Code of Civil Procedure, § 404.05 [sic] and Rules of Court, Rule 3.515, defendants move to eithe...
2020.12.04 Demurrer, Motion to Strike 105
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.12.04
Excerpt: ...e for comparable legal services in the community; it may be adjusted by the court based on factors including, as relevant herein, (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee award�.� Graciano v. Robinson Ford Sales, Inc. (2006) 144 Cal.App.4th 140, 154....
2020.11.20 Motion for Leave to File Amended Complaint 162
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.11.20
Excerpt: ... court's file declares that on October 16, 2020 notice of the hearing and copies of the moving papers were served by mail on counsels for the remaining interested parties. There is no opposition to the motion in the court's file. Plaintiff's counsel declares in support of the motion that all parties have stipulated to the motion for leave to amend and no party has objected to any of the proposed changes. An authenticated copy of the executed writ...
2020.11.20 Motion for Disclosure of Grounds of Judicial Disqualification, for Reconsideration 113
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.11.20
Excerpt: ...der adopting the tentative ruling as the final ruling of the court. On September 14, 2020, Judge Dylan Sullivan issued an ex parte minute order recusing herself pursuant to Code of Civil Procedure § 170.1(a)(6)(A)(i), (iii). Subsequently, defendants filed two motions related to Judge Sullivan's recusal: (1) motion for reconsideration regarding the court's September 11, 2020, ruling, filed by defendant Serrano El Dorado Owner's Association (“SO...
2020.11.20 Motion for Coordination of Cases 046
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.11.20
Excerpt: ... asserting causes of action related to the exact same three car collision that is the subject of the El Dorado County Superior Court case. Defendants move for coordination of the two cases. The proof of service declares that all individual defendants in each of the cases and plaintiffs in each case were served notice of the hearing and a copy of the moving papers by mail on August 30, 2020. Plaintiff Ruiz concedes that she has not served the summ...
2020.11.13 Motion to Dismiss Due to Failure to Pay Court Fees 273
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.11.13
Excerpt: ..., 2020. Plaintiffs subsequently made a second request to waive court fees, which was denied on August 21, 2020. Plaintiffs then made a third request to waive court fees, which was denied on October 6, 2020. Pending is defendant SatinLegal's motion to dismiss plaintiffs' action due to their failure to pay court fees. Plaintiffs did not file an opposition. Government Code § 68634 provides, in part, that “[i]f an application [for fee waiver] is d...
2020.11.13 Motion for Summary Judgment, Adjudication 378
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.11.13
Excerpt: ...been done. The moving defendant landlords move for summary judgment or summary adjudication on the grounds that summary judgment is mandatory, because plaintiffs have admitted that defendants lacked actual or constructive notice of a dangerous condition at the subject premises, plaintiff Todd Sperry did not sustain an actionable injury as his claim for negligence fails due to the responses to the requests for admission, and the loss of consortium...
2020.11.13 Motion for Protective Order, for Requests for Admission be Deemed Admitted 122
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.11.13
Excerpt: ... 3.1010.) But, we are in the middle of a global pandemic. In response to that, the Judicial Council enacted Emergency Rule 11 of Appendix I of the California Rules of Court, which rule was subsequently codified at Code of Civil Procedure § 2025.310. Section 2025.310 provides in part: “At the election of the deponent or the deposing party, the deposition officer may attend the deposition at a different location than the deponent via remote mean...
2020.11.13 Demurrer 065
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.11.13
Excerpt: ...Donna Krilich, an individual: (1) failure to pay all wages earned (Lab. Code §§ 510, 1194); (2) failure to pay all wages earned (29 U.S.C. §§ 207, 216(b), 255(a)); (3) pay stub violations (Lab. Code §§ 226, 226.6, 1174); (4) failure to provide compliant meal and rest breaks (Lab. Code §§ 226.7, 512); (5) failure to pay overtime (Lab. Code §§ 510, 1194, 1198); (6) failure to pay minimum wage (Lab. Code § 1194); (7) failure to produce em...
2020.11.06 Demurrer 202
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.11.06
Excerpt: ...idual and official capacity, for (1) violation of the California Constitution, Article I, § 13; (2) violation of the California Constitution, Article I, § 7(a); (3) violation of 42 U.S.C. § 1983— unreasonable search and seizure; (4) violation of 42 U.S.C. § 1983—due process; (5) conversion; (6) 42 U.S.C. § 1983—Monell liability; and (7) equitable relief under Minsky and Holt.1 Pending is defendants' demurrer to the complaint. 1. Standa...
2020.11.06 Demurrer 119
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.11.06
Excerpt: ... reports and statements, as well as recovery for unfair business practices that injured the membership of the club by allegedly suppressing non‐confidential financial information and defendants receiving ill‐ gotten gains that rightfully belong to the club membership. Defendants demur to the 2nd, 4th 5 th, 6th , and 7 th causes of action for declaratory relief, breach of contract, negligent breach of contract, negligent breach of fiduciary du...
2020.11.06 Motion for Leave to File Amended Complaint 308
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.11.06
Excerpt: ... August 26, 2020 plaintiff filed a motion for leave to file a 1st amended complaint. Plaintiff moves for leave to amend the complaint to add a cause of action for elder abuse against defendant. A proposed 1st amended complaint has been submitted. The proof of service in the court's file declares that on August 26, 2020 notice of the hearing and copies of the moving papers were served by email to defense counsel. Defendant Mendonsa filed her oppos...
2020.11.06 Demurrer 223
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.11.06
Excerpt: ...); breach of fiduciary duty; and violation of Civil Code, §§ 2923.7 and 2924.11. Defendant Kay Servicing, LLC demurs to all causes of action on various grounds. Plaintiffs oppose the demurrers on the following grounds: plaintiff adequately alleged a contract was assigned to defendant Fay Servicing, LLC and that Fay Servicing, LLC breached the implied covenant of good faith and fair dealing arising from that contract; plaintiffs have adequately ...
2020.11.06 Motion for Determination of Good Faith Settlement 258
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.11.06
Excerpt: ...the settlement is in good faith. The proof of service filed with the court declares that the parties were electronically served notice of the hearing and copies of the moving papers on October 6, 2020 by LEXIS/NEXIS File & Serve. The motion is not opposed. Any party to an action in which it is alleged that two or more parties are joint tortfeasors is entitled to a court hearing on the issue of the good faith of a settlement between the plaintiff ...
2020.10.30 Motion to Compel IPE 067
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.30
Excerpt: ...od cause as held in Shapira v. Superior Court (1990) 224 Cal.App.3d 1249; mental examinations do not need to be completed within a specified time limit, such as the single eight hour period plaintiff demanded, which is arbitrary, fails to take into account the legitimate and significant purpose of the IME given the serious and ongoing nature of plaintiff's alleged psychological injuries and plaintiff has not provided a reason to shorten the time ...
2020.10.30 Motion for Summary Judgment 523
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.30
Excerpt: ...ontractor and property owners during remodel construction at defendants Sewells' property. Defendants Sewell move for summary judgment or summary adjudication of the negligence and negligent hiring, training, supervision, and/or retention causes of action pled against them on the following grounds: the Privette Doctrine bars this action against defendants Sewell, because defendants Sewell didn't exercise control over the safety conditions of the ...
2020.10.30 Motion for Reconsideration 223
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.30
Excerpt: ...e court's denial of the motion to stay foreclosure. The court in denying reconsideration found that not only was there no emergency justifying ex parte relief, there is no new evidence presented. On September 10, 2020 plaintiffs filed a motion to reconsider the court's August 19 2020 denial of the motion for TRO. Plaintiffs request that the court order that the nonjudicial foreclosure sale on August 18 2020 was void; that plaintiffs be allowed to...
2020.10.30 Motion for Judgment on the Pleadings 161
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.30
Excerpt: ...cil Form (Form PLD‐C‐010.) The plaintiff checked the portion of the form answer wherein plaintiff admitted all statements of the complaint, except: ”Defendant claims the following statements are false (use paragraph numbers or explain): that all demands and request be discharged and request to dismiss the case. I Dont [sic] Agree with all paragraphs and all exhibits need to dismiss this case.” (Emphasis in original.) Plaintiff moves for e...
2020.10.30 Motion for Entry of Judgment Pursuant to Stipulation of Parties 529
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.30
Excerpt: ...nt is in default of defendant's obligation to make monthly payments in that defendant failed to make the payment due and owing on December 26, 2019; and according to the terms of the agreement, plaintiff is entitled to entry of judgment in the amount of $2,872.74, which represents the principal amount of $3,015.74 plus court costs of $357, less credits in the amount of $500 for previous payments. The proofs of service declare that on September 16...
2020.10.23 Demurrer 212
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.23
Excerpt: ...efendant also states that inasmuch as plaintiff has agreed in meet and confer efforts that the claim for attorney fees be stricken, the court should direct that any amendment of the complaint should eliminate plaintiff's claim for attorney fees. Plaintiff opposes the demurrer on the following grounds: Section 7159 does not apply to the alleged contact as it is a new home construction contract; and the 2nd cause of action is not uncertain. Defenda...
2020.10.23 Demurrer 260
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.23
Excerpt: ...dgment. The history and allegations of this dispute were recounted in detail in the Court's prior demurrer ruling and need not be repeated here. And indeed, the legal arguments raised here were largely disposed of in the prior ruling, and need not be repeated in full detail. The SAC at most adds a few bells and whistles to plaintiff's fatally defective theories. But they do not save the theories from their defects. First Cause of Action: Taxpayer...
2020.10.23 Demurrer 670
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.23
Excerpt: ... brokering residential mortgage loans, placed mortgage loans with plaintiff as the lender. (FAC, ¶¶5‐6.) On one occasion, in March 2018, defendants contacted plaintiff with an opportunity for plaintiff to lend money at the annual rate of 16%, to be paid in advance at close of escrow. The note would be secured by deed of trust on a residential property in Santa Monica, California. Plaintiff agreed to loan the funds on these terms, and deposite...
2020.10.23 Demurrer, Motion to Strike 069
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.23
Excerpt: ...e the portion of the 1st amended complaint wherein plaintiffs allege: “Defendants' acts and omissions, as described above, were oppressive, fraudulent, and/or malicious and plaintiffs are therefore entitled to an award of punitive damages in amounts to be proven at trial.” After hearing oral argument by the parties at the hearing on the anti‐SLAPP notion on August 28, 2020, the court took the matter under submission. On September 1, 2020, t...
2020.10.23 Demurrer, Motion to Strike 220
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.23
Excerpt: ...to all three causes of action on the following grounds: plaintiff did not sufficiently allege the terms of the subject contract and did not attach a copy of the purchase agreement to the complaint, therefore the breach of implied warranty and express warranty causes of action are fatally defective; the fraud cause of action fails in that plaintiff did not allege he purchased the vehicle directly from defendant General Motors, LLC, or that he view...
2020.10.23 Demurrer, Motion to Strike, to Serve by Publication, for Leave to Amend 089
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.10.23
Excerpt: ...in Tahoma, California, in July 2017. Plaintiff's First Amended Complaint (“FAC”) asserts causes of action (“C/A”) for (1) breach of contract, (2) breach of fiduciary duty, (3) breach of implied covenant of good faith and fair dealing, (4) intentional misrepresentation, (5) fraud, (6) negligence, (7) negligence of notary public and sureties, (8) conspiracy, (9) personal injury, and (10) vicarious liability against Old Republic Title Holdin...
2020.10.23 Motion for Attorney Fees 536
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.23
Excerpt: ... course of action and it was not feasible to focus on preserving the oak woodland within the Highway 50 corridor. In the 137 page tentative ruling incorporated as Exhibit 1 of the judgment and order the court specifically rejected all grounds raised by the petitioner in its challenge to the EIR, except as to the portion of the FEIR/EIR related to the determination of where to focus mitigation of loss of oak woodlands – whether to focus on Highw...
2020.10.23 Motion for Judgment on the Pleadings 290
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.23
Excerpt: ...complaint will run from that date. Preliminary Observations These motions represent a considerable failure by the attorneys to meet and confer properly. While some of the topics in today's rulings are genuinely contested, a number of the points covered are expressly or implicitly uncontroversial, and should have been handled simply by amendment or stipulation without bringing them before the Court. These include (1) plaintiffs' motion for leave t...
2020.10.23 Motion to be Relieved from Admissions 378
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.23
Excerpt: ...e requests for admission set one propounded upon plaintiffs by defendants Shirey, Brueck, and Shirey‐ Brueck, a general partnership. After objecting to the requests as premature as the plaintiffs have not had an adequate opportunity to conduct investigation and discovery and that it calls for premature disclosure of expert opinions, plaintiffs admitted the following subject to those objections: plaintiffs have no facts to establish that the lan...
2020.10.16 OSC Re Preliminary Injunction 489
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.16
Excerpt: ...iff County's attorney represented that all documents had been emailed to defendant. Defendant stated that he had already been arrested and saw no need for an injunction. The court granted the ex parte application and set the hearing on the OSC Re: Preliminary Injunction for 8:30 a.m. on Friday, October 16, 2020 in Department Nine. The court further issued an OSC directing defendant to show cause why he should not enjoined and restrained from comm...
2020.10.16 Motion to Quash or Modify Subpoena 021
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.10.16
Excerpt: ...o quash or modify document request numbers 1–3 served on Broadstone Land, LLC (“Broadstone” or “landlord”), which is the landlord for FWB Palladio. On August 14, 2020, plaintiff served a business record subpoena on Broadstone. (Ibid.) Defendant's landlord is not a party in this action and has no connection to defendant FWB. (Id., ¶ 4.) The subpoena seeks FWB Palladio's application to lease property; any documents Broadstone reviewed in...
2020.10.16 Motion to Compel Further Responses, for Sanctions 436
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.16
Excerpt: ...17.1. Defendants request sanctions in the amount of $3,177.50. Defendants' Objection to Joint Responses As an initial matter, defendants object to plaintiffs' discovery responses on the basis that they served improper joint responses. Specifically, a set of discovery requests were separately served to Randy Baugh and Corbie Baugh, although the content of each set was identical. (Declaration of Benjamin Tagert in Support of Motion, ¶ 5 & Exs. A, ...
2020.10.16 Motion for Reconsideration 118
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.16
Excerpt: ...nuary 10, 2020 the court denied plaintiff's motion to reconsider that ruling. On January 24, 2020 plaintiff filed a 2nd amended complaint against defendants, including defendant MERS, asserting the following causes of action: cancellation of the MERS assignment of the deed of trust as MERS is not registered as a foreign corporation; cancellation of the assignment of the deed of trust, because MERS lacked standing or legal authority to assign the ...
2020.10.16 Motion for Attorney Fees 161
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.10.16
Excerpt: ...y's fees based on actual time expended pursuant to Civil Code § 1794(d) as stipulated by the parties or, if the parties cannot agree, upon motion to the court having jurisdiction over this action.” Civil Code § 1794 provides in part: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's...
2020.10.16 Demurrer 223
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.16
Excerpt: ...ach of fiduciary duty, and (11) violations of Civil Codes. Pending is Wells Fargo's demurrer to the complaint. 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 demurrer to test the truth of the plaintiff's allegations or the accuracy with which he describes the defendant's conduct. A demurrer tests on...
2020.10.09 Demurrer 510
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.09
Excerpt: ...y Martin's demurrer to the second cause of action for fraud. Defendant Martin demurs to the fraud cause of action on the following grounds: Martin was acting solely in his capacity as CEO of defendant Lifeprint Products, Inc., and the Consulting Agreement is clear as to the identity of the contracting parties; the alleged misrepresentations do not concern past or existing facts, but rather are opinions or speculation as to future events; the FAC ...
2020.10.09 Motion to Quash Service 292
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.09
Excerpt: ...r to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.' [Citations.]” (Int'l Shoe Co. v. Washington (1945) 326 U.S. 310, 316.) Personal jurisdiction may be founded on either general jurisdiction or specific jurisdiction. (Rano v. Sipa Pres...
2020.10.09 Motion to Strike Complaint 094
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.10.09
Excerpt: ...dure §§ 435– 437. The motion is made on the basis that the complaint is improper and violates the provisions of Civil Code § 47(b) regarding privileged publications or broadcast in a judicial proceeding. A motion to strike is generally used to address defects appearing on the face of a pleading that are not subject to demurrer. (Pierson v. Sharp Mem. Hosp. (1989) 216 Cal.App.3d 340, 342.) Relevant here, a complaint that alleges facts amounti...
2020.10.02 Motion to Set Aside Defaults 266
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.02
Excerpt: ...tively. The Court Clerk entered defaults against them both on July 31, 2020 as requested by plaintiffs. Twenty days after entry of the defaults, the County of El Dorado filed a motion to set aside the defaults on the following grounds: the defaults are void as they were taken against departments of the County that do not individually have any capacity to sue or be sued; plaintiffs failed to properly serve a copy of the summons and complaint on th...
2020.10.02 Motion for Approval of Representative Action Settlement 597
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.02
Excerpt: ...laim with the California Labor and Workforce Development Agency (LWDA), the claim is attached as Exhibit 1, plaintiff paid the filing fee to the LWDA, and mailed notice to defendant by certified mail, return receipt requested. Plaintiff further alleges in paragraph 3 of the Complaint that defendant executed the return receipt, it is attached as Exhibit 2, and plaintiff did not receive any indication from the LWDA that it intended to investigate t...
2020.10.02 Demurrer 067
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.10.02
Excerpt: ...ounds: the breach of contract cause of action states it is against Tiffany Schneider (See Cross‐Complaint, page 5, line 2, Designation of Breach of Contract Cause of Action as being Against Tiffany Schneider and Roes 1‐ 10.) and then alleges the conduct that breached the contract was due to Tiana Schneider's refusal to pay invoices for cross‐complainant's design services in full in accordance with the agreement; there are no specific allega...
2020.09.25 Motion to Set Aside Default Judgment 125
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.09.25
Excerpt: ...ued due to the public health crisis and was finally advanced and set to commence on May 29, 2020. The March 19, April 9, and April 22, 2020 ex parte minute orders continuing the hearing were emailed to the parties. The ex parte minute orders state that the address to which the minute orders were emailed to defense counsel was [email protected]. The hearing on the petition commenced on May 29, 2020. Defendant did not appear. Testimony was pr...
2020.09.25 Motion to Compel Production of Docs 122
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.09.25
Excerpt: ...e, shoulder, and hip. Physical therapy is ongoing for knee, hip, and back. PTSD may require additional/ongoing treatment.” (Decl. of David Streza in Support of Defendants' Motion, Ex. A, p. 2, item no. 6.7.) In addition, plaintiff is asserting a claim for loss of income and earning capacity in the amount of $480,000. (Id., item no. 8.8.) On June 10, 2020, defendants served plaintiff via electronic service with a Second Amended Notice of Taking ...
2020.09.25 Motion for Leave to File Complaint 516
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.09.25
Excerpt: ...laint, defendant Luhrs instead filed a separate action against plaintiff Crawford on April 10, 2020. (Luhrs v. Crawford, Case Number PC‐ 20200192.) On July 20, 2020 defendant Luhrs filed a motion for leave to file a compulsory crosscomplaint in this action. Defendant argues that while there has been delay seeking relief to file the cross‐complaint, she has acted in good faith. Defendant also states she will voluntarily dismiss case number PC ...
2020.09.25 Motion for Leave to File Amended Complaint, to Consolidate 066
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.09.25
Excerpt: ...on already asserted in the initial complaint. Defendant opposes the motion on the following grounds: the proposed 1st amended complaint fails to allege sufficient facts to state any cause of action against Gary Ross; the plaintiff only alleges that Mr. Ross is the spouse of Marilyn Ross, who is named as a defendant in this action; the proposal to add Gary Ross as a defendant is merely retaliatory in nature, because plaintiff's husband is a named ...
2020.09.18 Motion to Vacate Dismissal and Enter Judgment 053
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.09.18
Excerpt: ...pursuant to Code of Civil Procedure, § 664.6; and agreed that the matter may be dismissed pursuant to Section 664.6. It appears that the individual parties executed the agreement. On August 5, 2020 the court dismissed the action upon request of the plaintiff and upon request of the parties retained jurisdiction pursuant to the provisions of Code of Civil Procedure, § 664.6 to enforce the stipulation for conditional entry of dismissal. The settl...
2020.09.18 Motion to Dismiss Action 109
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.09.18
Excerpt: ... Special Interrogatories (Set One), and (3) Request for Production of Documents (Set One), on each plaintiff by U.S. Mail via their shared attorney. Their responses were due by December 19, 2019. None of the plaintiffs served verified responses on defendant. When no responses were received, defendant's counsel sent a meet and confer letter (dated Dec. 27, 2019) to plaintiffs' counsel. Thereafter, on February 14, 2020, defendant filed separate mot...
2020.09.18 Motion to Compel Further Responses 207
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.09.18
Excerpt: ...monetary sanctions in the amount of $8,990.00. In opposition, plaintiff asserts that because he has now provided further responses addressing the alleged defects set forth in defendants' motion and has provided verifications, defendants' motion is now moot. The court disagrees. Even if plaintiff has now served code‐compliant verified responses to defendants' discovery requests, such action does not preclude the court from considering defendants...
2020.09.18 Motion for Summary Judgment 522
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.09.18
Excerpt: ... the alternative, summary adjudication of each of the three causes of action. Cross‐Complainants argue they are entitled to entry of summary judgment or summary adjudication on the following grounds: cross‐complainants are entitled to entry of declaratory relief, because it has been established as matter of law by the evidence presented that the subject grant deed is void, the clear and unambiguous provisions of the fully integrated option ag...
2020.09.11 Motion for Judgment on the Pleadings 159
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.09.11
Excerpt: ...effect as a general demurrer. (Smiley v. Citibank (1995) 11 Cal.4th 138, 146.) If the moving party is a plaintiff, the motion raises the legal issue of whether “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code of Civ. Proc. § 438, subd. (c)(1)(A).) Here, defendant's answer does not state facts s...
2020.09.11 Demurrer, Motion to Strike 058
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.09.11
Excerpt: ... cause, physical and emotional injury. Plaintiff complained about the bedbugs to defendants' managers and agents, but they failed to abate the infestation. Plaintiff's complaint asserts causes of action for (1) breach of implied warranty of habitability, (2) battery, (3) negligence—premises liability/failure to warn, (4) nuisance, (5) intentional infliction of emotional distress, (6) negligent infliction of emotional distress, (7) breach of con...
2020.09.04 Application to Remove Receiver 241
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.09.04
Excerpt: ...e parties in this action for equal shareholder interests in the subject corporation, the contract continues to the present day, and the action against defendant is not time‐barred. Plaintiffs filed an ex parte motion to appoint a receiver and for injunctive relief. The court set a noticed hearing date, rather that ruling on the matter ex parte. After being exhaustively briefed, hearing oral argument on January 31, 2020, and counsel for defendan...
2020.08.28 Motions to Exclude Expert Witness, to Submit Tardy Expert Witness Information 062
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.08.28
Excerpt: ...y Properties, LLC; and (2) plaintiff Brad Jacobson's motion to submit tardy expert witness information pursuant to CCP § 2034.710. By way of background, plaintiff commenced this action on April 22, 2018. The initial trial date was set for June 22, 2020. On April 13, 2020, plaintiff's counsel served a demand for expert witness disclosure. (Defs. Exhibits in Support of Motion, Ex. A.) Plaintiff's demand indicated the date of the exchange was May 1...
2020.08.28 Motion to Vacate or Modify Dismissal of Action 452
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.28
Excerpt: ... a judicially supervised settlement under Section 664.6. The action against Gregory Schaefer was voluntarily dismissed with prejudice upon plaintiff's request on May 21, 2020. The request for dismissal did not include a statement that the court retained jurisdiction to enforce the settlement. Plaintiff seeks to vacate or modify the dismissal on the ground that due to mistake, inadvertence, or excusable neglect plaintiff's counsel failed to includ...
2020.08.28 Motion to Set Aside Default Judgment, Vacate Renewal of Judgment, Quash Summons 379
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.28
Excerpt: ...s entered against defendant in the amount of $21,719.37. Defendant moves to vacate and set aside the default pursuant to Code of Civil Procedure, § 1788.61(a)(1) on the ground that he was never properly served with the summons and complaint. The proof of service in the court's file declares that notice of the hearing and a copy of the moving papers were served on plaintiff's counsel by mail on July 7, 2020. Plaintiff opposes the motion on the fo...
2020.08.28 Motion for Judgment on the Pleadings, for Leave to File Amended Complaint, for Valuation Determination 539
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.28
Excerpt: ...public property cause of action of the cross‐complaint without leave to amend, and sustained the demurrer to the breach of contract cause of action of the cross‐complaint with ten days leave to amend. The 1st amended cross‐complaint was filed. Cross‐Defendant People demurred to the 1st amended cross‐complaint. The demurrer was dropped upon request of the People after the 2nd Amended Cross‐Complaint was filed on January 29, 2020. The P...
2020.08.21 Motion for Change of Venue 081
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.08.21
Excerpt: ... like this case, “the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.” (Code of Civ. Proc. § 395 subd. (a); see also Cholakian & Assocs. v. Super. Ct. (2015) 236 Cal.App.4th 361, 367–368.) As all the defendants reside in Placer County, the proper court for this action is the Placer County Superior Court. Defendants also request sanct...
2020.08.21 Demurrer, Motion to Strike 079
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.08.21
Excerpt: ...� 1983; (2) violation of the privileges and immunities clause (Cal. Const., art. I, § 7); (3) writ of mandate (Code of Civ. Proc. (“CCP” § 1085); (4) declaratory relief (Gov't Code § 11350(a), CCP § 1060); (5) injunctive relief; (6) conversion; (7) writ of administrative mandamus (CCP § 1094.5); (8) damages (CCP § 1095, 42 U.S.C. § 1983). Pending is the City's demurrer to the AXC and motion to strike portions of the AXC. 1. STANDARD OF...
2020.08.21 Motion for Attorney Fees 015
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.08.21
Excerpt: ...evailing on the contract shall be the party who recovered a greater relief in the action on the contract.” (Civ. Code § 1717, subd. (b).) Where the judgment is a “simple, unqualified win” on the contract claim, a trial court has no discretion to deny an attorney fee award to that prevailing party under Civil Code § 1717. (Hsu v. Abbara (1995) 9 Cal.4th 863, 876.) While the fee awards should be fully compensatory, the trial court's role is...
2020.08.21 Demurrer, Motion to Strike 309
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.21
Excerpt: .... Cross‐ Complainant Legacy Family Adventures – Rocklin (Legacy) file a cross‐complaint against the City of Rockling (City), Bonsai Design, LLC (Bonsai), and Adventure Operations, LLC (Adventure Operations) asserting various causes of action. Cross‐Defendants Bonsai and Adventure Operations demur to all causes of action pled against them. Cross‐Complainant Legacy opposes the demurrers. Cross‐Defendants replied to the opposition. Demur...
2020.08.21 Motion for Determination of Good Faith Settlement 258
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.21
Excerpt: ...ivil Procedure, § 877.6 that the settlement is in good faith. The proof of service filed with the court declares that the parties were emailed notice of the hearing and copies of the moving papers on June 24, 2020. The motion is not opposed. Any party to an action in which it is alleged that two or more parties are joint tortfeasors is entitled to a court hearing on the issue of the good faith of a settlement between the plaintiff and one or mor...
2020.08.21 Motion for Summary Judgment 379
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.21
Excerpt: ...fendant Marshall Medical Center did not breach the standard of care regarding plaintiff and defendant Marshall Medical Center did not cause plaintiff's alleged injuries for which he seeks damages. On July 6, 2020 plaintiff filed a statement of non‐opposition to the motion. Motion for Summary Judgment Principles “For purposes of motions for summary judgment and summary adjudication: ¶ * * * (2) A defendant or cross‐defendant has met his or ...
2020.08.21 Motion to Set Aside Default Judgment 125
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.21
Excerpt: ...ued due to the public health crisis and was finally advanced and set to commence on May 29, 2020. The March 19, April 9, and April 22, 2020 ex parte minute orders continuing the hearing were emailed to the parties. The ex parte minute orders state that the address to which the minute orders were emailed to defense counsel was [email protected]. The hearing on the petition commenced on May 29, 2020. Defendant did not appear. Testimony was pr...
2020.08.21 Motion to Tax Costs 536
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.21
Excerpt: ...was not feasible to focus on preserving the oak woodland within the Highway 50 corridor. In the 137 page tentative ruling incorporated as Exhibit 1 of the judgment and order the court specifically rejected all grounds raised by the petitioner in its challenge to the EIR, except as to the portion of the FEIR/EIR related to the determination of where to focus mitigation of loss of oak woodlands – whether to focus on Highway 50 corridor land to ma...
2020.08.14 Motion to Enforce Settlement, Enter Judgment 161
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.08.14
Excerpt: ...tion, [defendant] offers to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Civil Code § 1794(d) as stipulated by the parties or, if the parties cannot agree, upon motion to the court having jurisdiction over this action. [¶] Except as set forth herein, above, each party shall bear its own attorneys' fees and costs of suit. Plaintiff may accept the above offer by signing the following statement that ...
2020.08.14 Motion to Compel Further Responses 326
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.14
Excerpt: ...Charlene Bosso's Further Responses to Special Interrogatories, Set One. Plaintiffs move to compel defendant Charlene Bosso to provide further responses to special interrogatories, set one, numbers 35‐41 on the grounds that the objections that the special interrogatories are vague, ambiguous, or unintelligible, they call for legal conclusions, the special interrogatories call for an expert opinion, and that the special interrogatories seek infor...
2020.08.14 Motion for Judgment on the Pleadings 369
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.14
Excerpt: ...rted of 32 affirmative defenses. On May 28, 2020 plaintiffs filed a motion for judgment on the pleadings on defendants Federal Home Loan Mortgage Corp.'s, JP Morgan Chase Bank's, and MTC Financial, Inc.'s answer. Plaintiffs contend that judgment on the pleadings on the entire answer and each and every affirmative defense should be granted because the 32 boilerplate affirmative defenses fail to allege sufficient facts to establish such affirmative...
2020.08.14 Motion for Judgment on the Pleadings 118
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.14
Excerpt: ...the court denied plaintiff's motion to reconsider that ruling. On January 24, 2020 plaintiff filed a 2nd amended complaint against defendants, including defendant MERS, asserting the following causes of action: cancellation of the MERS assignment of the deed of trust as MERS is not registered as a foreign corporation; cancellation of the assignment of the deed of trust, because MERS lacked standing or legal authority to assign the subject deed of...
2020.08.07 Petition to Approve Compromise of Disputed Claim of Minor 449
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.07
Excerpt: ... defendant and accepted. Defendant contends: the Code of Civil Procedure, § 998 offer to compromise provides that no judgment shall be entered; the plaintiffs are seeking entry of judgment along with the petition to authorize the minor's compromise; the petition states that the minor suffered anxiety and depression, which was not alleged in the complaint; the petition falsely states that defendant Wentzel witnessed the incident, which was not al...
2020.08.07 Motion for Summary Judgment 438
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.07
Excerpt: ...plaintiff in the amount of $60,000; defendant Mack executed a continuing guaranty of the loan; that there remains, due, owing and unpaid a principal balance in the amount of $30,534.15; and defendant Mack failed to cure defendant Senworth, Inc.'s default on the contract. On March 5 2020 the court dismissed the account stated and money lent causes of action upon plaintiff's request, leaving the breach of contract cause of action pending. Plaintiff...
2020.08.07 Anti-SLAPP Motion to Strike 069
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.08.07
Excerpt: ...lan for the association's future financial needs; breach of fiduciary duty by failure to conduct a reserve study, failure to fund reserves, selective enforcement of the C,C,&Rs, and failure to fund the reserves; violation of Civil Code, § 5100 by conducting elections without properly sending ballots, failure to properly retain inspectors of elections, and tainting the entire voting process; violation of Civil Code, § 5200 by failing and refusin...
2020.07.31 Motion to Strike Complaint 308
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.07.31
Excerpt: ...aintiff Cain. Defendant Cheryl Mendonsa responded on July 16, 2018 by filing an answer and a crosscomplaint against plaintiff Cain for rescission of the agreement due to allegations asserting that defendant mistakenly executed the document, defendant was unduly influenced, and defendant Cheryl Mendonsa was the victim of financial elder abuse. The plaintiff's demurrers to the cross‐complaint and 1st amended cross‐complaint were sustained. The ...
2020.07.31 Motion to Require Posting of Security Bond 119
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.07.31
Excerpt: ...isleading reports and statements, as well as recovery for unfair business practices that injured the membership of the club by allegedly suppressing non‐confidential financial information and defendants receiving ill‐gotten gains that rightfully belong to the club membership. Defendants move for an order requiring plaintiffs to post a bond n the amount of $50,000 in order for them to continue to pursue the derivative actions. Defendants argue...
2020.07.31 Motion to Dismiss Action 186
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.07.31
Excerpt: ... Request for Production of Documents (Set One) on both plaintiffs by certified mail. No responses were received by the deadline. Thereafter, defendants filed a motion to compel plaintiffs' responses to the discovery requests. Plaintiffs did not serve any responses prior to the hearing on the motion, they did not oppose the motion, and they did not appear at the hearing on March 20, 2020. The court granted defendants' motion to compel responses an...

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