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452 Results

Location: El Dorado x
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 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 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 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 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 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, 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...
2020.10.16 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...
2020.10.16 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 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 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...
2020.10.09 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...
2020.10.09 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 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 ...
2020.10.02 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 robin@summitdefense.com. 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...

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