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452 Results

Location: El Dorado x
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 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 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...
2020.12.04 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 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...
2020.11.13 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 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...
2020.11.06 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 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 ...
2020.11.06 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 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...
2020.10.30 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 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...
2020.10.23 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...

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