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525 Results

Location: El Dorado x
2021.03.19 Motion to Transfer Venue, to Set Aside Default 266
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.19
Excerpt: ...irst consider and rule on the motion for change in venue and if it is determined that the case properly remains in the El Dorado County Superior Court, the court will consider and rule on the motion to set aside defaults. Plaintiffs move to change venue to another County. Plaintiffs argue that the change of venue is necessary under Code of Civil Procedure, 397(b) as there is reason to believe plaintiffs can not have a fair and impartial trial in ...
2021.03.19 Motion to Compel Arbitration and Dismiss Complaint, for Reconsideration 143
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.19
Excerpt: ...y binding arbitration. Cross‐Defendant Aerotek argues in support of the petition: cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power and cross‐defendant Aerotek entered into a services agreement on October 16, 2016 wherein cross‐defendant Aerotek was to provide to cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power one or more contract employees as requested by cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power fro...
2021.03.19 Motion for Leave to File Amended Complaint 029
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.19
Excerpt: ...ered by the amendment, because plaintiff Phan does not have standing to assert the PAGA cause of action, while the proposed PAGA representative does have standing; adding the PAGA cause of action and representative will allow for superior representation of defendant's employees and further PAGA purposes in prosecuting and deterring Labor Code violations; public policy weighs in favor of granting the motion; the proposed 1st amended complaint does...
2021.03.19 Demurrer, Motion to Strike 223
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.19
Excerpt: ... court sustained defendants Wells Fargo Bank and Fay Servicing, LLC's respective demurrers to the initial complaint with leave to amend, with the exception that defendant Fay Servicing, LLC's demurrer to the 11th cause of action for violation of the Homeowners Bill of Rights (HBOR) statutes was sustained without leave to amend on the ground that it was preempted by the Federal Home Owners Loan Act (HOLA) as the subject loan was originated by Worl...
2021.03.19 Demurrer 220
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.19
Excerpt: ... 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. The tentative ruling on the motion for summary judgment was to grant the motion and enter judgment in favor of defendant Smart ...
2021.03.19 Motion to Quash Deposition Subpoena 201
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.03.19
Excerpt: ...” (Cal. Rules of Court, Rule 3.1345(a)(5).) And second, because plaintiffs retained new counsel, plaintiffs' prior counsel—who had a deadline of February 17, 2021, to file the instant motion—declares that he did not have the authority to “engage in substantive meet and confer efforts” with defendants' counsel concerning the scope of the subpoena before having to file the motion by the deadline. (See Mot., Decl. of Ryan Hanlon, ¶ 5.) Ac...
2021.03.12 Motion to Dismiss Action 053
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.12
Excerpt: ...rator decided on August 31, 2020 that the matter was properly venued in arbitration, and plaintiff refuses to dismiss the civil case. Attached to the motion as Exhibit A is a copy of the agreement, which includes an arbitration provision that states: in consideration of plaintiff's employment with defendant Pacific Union Financial, LLC, plaintiff agreed that any and all disputes that involve or relate to her employment, or termination of employme...
2021.03.12 Motion to Compel Further Responses 160
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.12
Excerpt: ... 1st amended complaint against defendant asserting a negligence cause of action for injuries allegedly sustained on defendant's business premises when plaintiff allegedly fell from the top of a table as she got off a chair on top of the table after the plaintiff's employees adjusted a pair of ski boots she was interested in purchasing. Defendant moves to compel further responses to requests for production, request numbers 1, 2, 13, and 25; and pr...
2021.03.12 Motion for Trial Preference 174
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.12
Excerpt: ... and suffered traumatic brain injury, which requires continued medical treatment; he has a substantial interest in the action; granting preferential setting of the trial date is necessary to prevent prejudicing his interest in the litigation; and defendants will not be prejudiced by the preferential trial setting as plaintiff has produced all his available medical records and he is available for deposition and a defense medical exam on shortened ...
2021.03.12 Motion for Further Order on Sanctions, Apportionment 114
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.03.12
Excerpt: ...referee's reports recommended that defendants prevail on seven of the eight referred motions, that plaintiff Setter Construction be sanctioned in the amount of $3,850.00 for abuse of the discovery process, and that the referee's fees be evenly split between the parties. Defendants did not file objections to any of the referee's reports. On December 18 and December 31, 2020, the court issued orders adopting in full the discovery referee's findings...
2021.03.12 Demurrer, Motion to Strike 162
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.12
Excerpt: ...ated to injuries plaintiff allegedly sustained in a motor vehicle accident that occurred on Highway 49. Defendant California Dept. of Parks and Recreation demurs to the two causes of action on the following grounds: the 2nd amended complaint fails to allege sufficient facts to constitute a cause of action for vicarious liability under Government Code, § 815.2; the 2nd amended complaint fails to allege sufficient facts to state a cause of action ...
2021.03.05 Demurrer, Motion to Strike 069
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.05
Excerpt: ...n of Civil Code, § 5100 cause of action on the following grounds: the violation of Civil Code, § 5100 cause of action fails to allege sufficient facts to state a cause of action and is fatally uncertain; the plaintiffs failed to cure the defect identified in the ruling on the demurrer to that cause of action in the 1st amended complaint of failure to allege the damages sustained by the defendants as individual members; and the individual plaint...
2021.03.05 Demurrer 066
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.05
Excerpt: ...ons of conversion are conclusionary and he is only mentioned by name in paragraph 37; and cross‐defendant Matthew Schneider was totally uninvolved with the contract between the cross‐ complainant and cross‐defendant Tiana Schneider. Cross‐Complainant opposes the demurrer on the following grounds: cross‐defendant failed to attempt to meet and confer prior to the filing of the demurrer; the conversion cause of action against cross‐defen...
2021.03.05 Demurrer 464
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.05
Excerpt: ... defendant named in the action was defendant Blain Stumpf who was allegedly liable as the alter ego of defendant BST Services Inc., d.b.a. Blain Stumpf Trucking. Case numbers PC‐201090427 and PC‐ 20200464 were consolidated with PC202190427 designated the lead case. Defendant Stumpf demurs to the negligence cause of action on the following grounds: owners of small business corporations are not personal guarantors of every tort of those corpora...
2021.03.05 Motion to Set Aside and Vacate Default Judgment 273
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.05
Excerpt: ... 2013: defendants David Sisson and Stacy Sisson were served the summons, complaint, ADR package, civil case cover sheet, notice to litigants, and blank case management statement by substituted service at their home located at a specific address in Shingle Springs, CA by serving John Doe occupant at that address at 9:40 a.m. on July 8, 2013 after two prior attempts to serve them at that address with an occupant claiming on May 26, 2013 that the de...
2021.03.05 Motion for Summary Judgment, Adjudication 021
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.03.05
Excerpt: ...RD 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 to the cause of action. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party 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 carri...
2021.03.05 Motion to Compel Arbitration and Stay Proceedings 597
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.05
Excerpt: ...agreed to arbitrate all disputes that may arise out of the employment context. Defendants argue: the agreement executed by plaintiff provides for binding arbitration of any claim, dispute, and/or controversy that either party may have against one another, including any FEHA discrimination or harassment claims, which would otherwise require or allow resort to any court or other governmental dispute resolution forum between the employee and the Com...
2021.03.05 Motion to Transfer Case 329
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.03.05
Excerpt: ...on to the South Lake Tahoe Session of the El Dorado County Superior Court on the ground that defendant resides in South Lake Tahoe and the incident allegedly occurred in South Lake Tahoe. Defendant Rodeway Inn Casino Center's counsel declares: to require trial of the matter in Cameron Park would add substantially to the cost of trial and greatly inconvenience all the parties and witnesses; during the course of trial, counsel will request the cour...
2021.02.26 Petition to Confirm Arbitration Award 636
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.26
Excerpt: ...y the arbitration award.” (Code of Civil Procedure, § 1285.) “A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner.” (Code of Civil Procedure, § 1288.) “A...
2021.02.26 Motion for Mistrial, to Consolidate 241
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.26
Excerpt: ...ned that there was an enforceable oral shareholder agreement between the three 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. The Phase Two trial date on the remainder of the case will be re‐set at an upcoming trial setting conference. Defendant Hamid moves for the court to issue an order declaring a mistrial of ...
2021.02.26 Demurrer, Motion to Strike 644
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2021.02.26
Excerpt: ... claims. Before the court is defendant's demurrer and motion to strike the complaint in the instant action. A. DEMURRER TO 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(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 ...
2021.02.26 Anti-SLAPP Motion to Strike 539
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.26
Excerpt: ... Country Homeowners' Association, Randall Benton, Charlene Ott, and Robert Vannucci in case number PC‐20170366 asserting that they breached their warranty of authority to enter into the MOU that resulted in the Bowmans' entitlement to use of the subject road. After the conclusion of a five day court trial the court issued its ruling after trial on January 1, 2019. The Judgment was entered on April 12, 2019 in favor of the Bowmans on the complai...
2021.02.19 OSC Re Preliminary Injunction, TRO 127
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.19
Excerpt: ...or booby‐ trapping the rental premises. The TRO expires on February 19, 2021. On that same date the court issued an OSC directed at defendant to show cause why the court should not issue an order restraining and enjoining defendant during the pendency of this action from blocking, obstructing, or booby‐trapping the subject residence; and removing all boxes barricading the rental premises and a trip wire across the path leading to the rental p...
2021.02.19 Motion to Transfer Venue 591
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.19
Excerpt: ...a Clara County Superior Court on the following grounds: the subject accident allegedly occurred in Santa Clara County; no treating health care providers reside in El Dorado County; two witnesses identified by plaintiff reside in Santa Clara County; an additional witness resides in Alameda County, which is adjacent to Santa Clara County; despite having alleged in the complaint that plaintiff resides in El Dorado County, plaintiff testified in his ...
2021.02.19 Motion to Compel Arbitration 164
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2021.02.19
Excerpt: ...on submitted in support of the motion as Exhibit A is an unexecuted copy of the alleged agreement, which includes an arbitration provision that states: “You and Serrano Country Club agree to resolve any and all claims arising out of or related to your employment application, or candidacy for employment, or if hired, any claim related to your employment or employment termination exclusively through final and binding arbitration before a neutral ...

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