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525 Results

Location: El Dorado x
2020.01.24 Demurrer, Motion to Strike 051
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.01.24
Excerpt: ...ba Buckingham Properties Lake Tahoe, Monique Hill, Marni Coyle, and Carl Fair. 1. STANDARD OF REVIEW RE: DEMURRER 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 only the legal suf...
2020.01.17 Motion to Change Venue 175
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.01.17
Excerpt: ...urred or where any defendant resides at the commencement of the action. (Id. § 395, subd. (a).) The moving party has the burden of negating the plaintiff's choice of venue, which is presumptively correct. (Mission Imports, Inc. v. Superior Court (1982) 31 Cal.3d 921, 928– 929 [184 Cal.Rptr. 296]; Tutor‐Saliba‐Perini Joint Venture v. Superior Court (1991) 233 Cal.App.3d 736, 744 [285 Cal.Rptr. 1].) Under section 395, venue in this action co...
2020.01.17 Motion for Summary Judgment 122
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.01.17
Excerpt: ...ant Chernoff seeks entry of summary judgment or summary adjudication of causes of action on the following grounds: defendant Chernoff served as a volunteer Master and acted in good faith in a manner she believed was in the best interests of the Marshall Grange and with reasonable and appropriate care, therefore, the defendant is immune from liability for plaintiff's claims for monetary damages for breach of fiduciary duties pursuant to the provis...
2020.01.17 Motion for Leave to File Amended Complaint 077
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.01.17
Excerpt: ...ed Complaint. Defendant is opposed. Leave of court is required to amend any pleading except as provided by Code of Civil Procedure § 472. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading .…” (Id. § 473, subd. (a)(1).) A trial court may allow the amendment of a pleading at any time up to and including trial. (Id. § 576.) “It is well established that California courts have ...
2020.01.10 Motion to Set Aside Default and Judgment 153
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.01.10
Excerpt: ...t was filed on July 13, 2018. Default was entered on June 19, 2019. Defendant moves to vacate the default on the following grounds: the judgment is void on its face, because the proof of service of the summons and complaint was not executed under penalty of perjury and, therefore, the clerk erred in entering of the default; the complaint fails to state the amount of punitive damages plaintiff seeks and there is no statement of punitive damages in...
2020.01.10 Motion to Compel Responses, to Deem Admitted Requests for Admission 406
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.01.10
Excerpt: ... Form Interrogatories. Defendant CJS Solutions Group, LLC's Motion for Relief from Waiver of Objections to Plaintiff's Discovery. On September 4, 2019 plaintiff served on defendant five sets of discovery requests consisting of general form interrogatories, employment form interrogatories, special interrogatories, requests for production, and requests for admission, which plaintiff contends were due for response on October 9, 2019. On October 23, ...
2020.01.10 Motion to Compel Production of Docs 345
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.01.10
Excerpt: ...nduly burdensome, and oppressive at this stage of the litigation; and Weber General Engineering does not concede the relevance of, materiality of, or admissibility of any information requested or provided. Weber General Engineering also made some objections in response to specific requests in addition to the general objections and concluded with the statement that subject to and without waiving such objections plaintiff will produce non‐privile...
2020.01.10 Motion for Terminating Sanctions, OSC Re Sanctions 005
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.01.10
Excerpt: ...uested in the supplemental request for production within ten days. Plaintiff was present in court and was advised of the ruling. The proof of service of the notice of ruling filed on October 31, 2019 declares that on October 29, 2019 notice of the ruling was served on plaintiff by mail to plaintiff's address of record. Arguing that the plaintiff has not complied with the court's discovery order, defendants move for an order imposing the terminati...
2020.01.10 Motion for Reconsideration 118
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.01.10
Excerpt: ...mber 20, 2019 plaintiff filed a motion for reconsideration of the court's ruling sustaining the demurrers with ten days leave to amend on the following grounds: the court erroneously believed that no opposition to the demurrers were filed when, in fact, the opposition was filed on September 27, 2019; the court failed to designate who was to amend the 1st amended complaint, which is confusing, because plaintiff's amended complaint has not been ans...
2020.01.10 Motion for Bench Trial 213
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.01.10
Excerpt: ...n (f).” (Code of Civ. Proc. § 631, subd. (a).) Pursuant to subdivision (f), a party waives a jury trial by: (1) failing to appear at the trial; (2) written consent filed with the clerk or judge; (3) oral consent, in open court, entered in the minutes; (4) failing to announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice or stipulation, or within five days after notice of setting if it is set wi...
2020.01.03 Motion to Compel Further Responses 052
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2020.01.03
Excerpt: ... passport had been produced after the motion was filed but prior to the hearing. On October 15, 2019, the court found as moot the motion to compel further response, but sanctioned defendant $810 for failing to timely serve a verified response, which necessitated the filing of the motion by plaintiff. The court ordered that the sanction be paid within 20 days of the date of the order. In her instant motion, filed November 6, 2019, plaintiff indica...
2020.01.03 Request for Entry of Default Judgment 078
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2020.01.03
Excerpt: ...special damages according to proof in a total amount greater than a limited civil action. Plaintiff seeks entry of a default judgment against defendant Sanders in the amount of $180,000. The only documents filed in support of entry of a default judgment against defendant Sanders is the Judicial Council Form CIV‐100 Request for Court Judgment. Plaintiff has not filed any evidence whatsoever establishing the amount of damages plaintiff sustained ...
2019.9.20 Motion to Set Aside Default, Judgment 580
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.20
Excerpt: ...ault judgment was entered against defendant in the amount of $1,052.24. There is no proof in the court's file that plaintiff served defendant with notice of entry of the default judgment. Over one year after entry of default defendant filed the instant motion on August 5, 2019. Defendant moves to vacate and set aside the default pursuant to Civil Code, § 1788.61 and Code of Civil Procedure, § 473.5 on the ground that he was never properly serve...
2019.9.20 Motion to Enforce Settlement Agreement, for Entry of Judgment 015
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.20
Excerpt: ...te. Citing paragraphs 3, 4, and 15 of the settlement agreement, plaintiff moves to enforce the settlement agreement by seeking a court order directing defendants to immediately turn over all documentation relating to defendant One Source LED Lighting, LLC's claims against the Judicial Council for breach of contact. The proof of service in the court's file declares that on June 11, 2019 notice of the hearing and the moving papers were served on de...
2019.9.20 Motion for Protective Order Staying Discovery and Trial 143
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.20
Excerpt: ...cident that is the subject of this civil action. Defendant Wilson contends that even if he does not offer any direct evidence in the case, he is forced to examine and conduct discovery that will necessarily disclose his strategy and assertions that could potentially be used against him in the criminal case; and if the motion is denied, it would unfairly and severely prejudice his ability to defend himself in the civil case and jeopardize his righ...
2019.9.20 Application for Right to Attach Order, Writ of Attachment, Temporary Protective Order 579
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.20
Excerpt: ...Timber Cove Holdings, Inc. Defendants demurred to all causes of action. The court issued a tentative ruling prior to the hearing on July 12, 2019 overruling all demurrers to the verified 1st amended complaint. At the hearing on July 12, 2019 the court set the matter for long cause oral argument to take place at 2:30 p.m. on Friday, August 16, 2019, which was later advanced to August 15, 2019 at 1:00 p.m. and then continued to September 13, 2019 d...
2019.9.17 Motion for Leave to Amend, for Dismissal, for Summary Judgment 536
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.17
Excerpt: ... petitioner, Rural Communities United, can not establish it has standing to maintain the petition, because petitioner did not submit any comments to the CEQA proceedings until after the public comment period terminated and the public hearing on the project closed. Petitioner responded by moving for leave to amend the petition to add two individuals and an unincorporated association called Conserve El Dorado Oaks as co‐petitioners. The petitione...
2019.9.13 Motion for Summary Judgment, Adjudication 109
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.9.13
Excerpt: ...iff's motion for summary judgment or, alternatively, summary adjudication, against defendant Simms. The matter was originally heard on June 21, 2019. The motion was denied without prejudice because plaintiff presented no evidence that it served the pre‐lien notice on defendant as required by Civil Code § 5660. Plaintiff has now remedied that oversight. (See Pl.'s Separate Stmt. of Undisputed Facts, ¶ 3.1.) 1. STANDARD OF REVIEW “A plaintiff...
2019.9.13 Demurrer 575
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.13
Excerpt: ...ong cause oral argument, which was set for April 26, 2019. Before the long cause hearing was held plaintiff filed a 1st amended complaint against the County of El Dorado asserting causes of action for promissory estoppel, disability discrimination by failure to accommodate, and disability discrimination by failure to engage in the interactive process; and having received the 1st amended complaint, defendant withdrew its demurrers. Defendant demur...
2019.9.13 Motion for Judgment on the Pleadings 234
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.9.13
Excerpt: ... a motion for judgment on the pleadings admits, for purposes of the motion, the truth of all material facts that have been pleaded. (Consol. Fire Prot. Dist. v. Howard Jarvis Taxpayers' Ass'n (1998) 63 Cal.App.4th 211, 219 [73 Cal.Rptr.2d 586].) The motion raises the legal issue of whether the complaint states a cause of action regardless of the existence of triable issues of fact. (Brownell v. Los Angeles Unified Sch. Dist. (1992) 4 Cal.App.4th ...
2019.9.13 Motion for Judgment on the Pleadings 637
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.13
Excerpt: ... the complaint and defendant has only submitted the following statement in answer to the complaint: “I HAVE NO PROBLEM HONORING MY DEBT. HOWEVER, I WOULD LIKE TO BE ABLE TO MAKE REASONABLE PAYMENTS AS I AM A DISABLED VETERAN, SINGLE PARENT & JUST RECENTLY OBTAINED A HOME AFTER BEING HOMELESS FOR APPROX 9 MOS.” (Emphasis in original.) Plaintiff moves for entry of judgment on the pleadings on the grounds that the complaint states a cause of act...
2019.9.13 Motion for Preliminary Injunction 131
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.9.13
Excerpt: ...aintiff's property line) of the circular traffic control device at the corner of Sierra Boulevard and Rose Avenue to the property line.” (Pl. Proposed Order on Application for a Preliminary Injunction.) 1. LEGAL PRINCIPLES RE: PRELIMINARY INJUNCTIONS In considering a motion for preliminary injunction, “a court must weigh two ‘interrelated' factors: (1) the likelihood that the moving party will ultimately prevail on the merits and (2) the re...
2019.9.13 Motion for Substitution of Service, Leave to File Complaint 141
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.9.13
Excerpt: ... & Jillson (“Alling”) is denied. It is unnecessary to deem the SOS as the agent for process when defendant knows where to serve documents on Alling, as well as who may accept service of the documents on behalf of Alling, and Alling has agreed to accept service. Defendant is referred to Code of Civil Procedure §§ 415.20, 415.40, and 416.10, and Corporations Code § 17701.16 regarding service of process on an out‐of‐state limited liabilit...
2019.9.13 Motion to Set Aside Default 545
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.13
Excerpt: .... Defendant moves to vacate the default and default judgment on the ground that the plaintiff failed to serve a statement of damages on defendant thereby rendering the default and default judgment invalid. The proposed answer is attached to defense counsel's declaration in support of the motion as Exhibit B The proofs of service declare that on June 19, 2019 notice of the hearing and the moving papers were served by mail to plaintiff's address of...
2019.9.13 Motion to Set Aside Default Judgment 063
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.13
Excerpt: ...ecuted by defendant's attorney was submitted with the moving papers. Plaintiff opposes the motion on the following grounds: defense counsel has failed to adequately explain why he waited to respond to the 1st amended complaint after receiving notice that his clients' response was already past due; defense counsel's failure to calendar does not excuse his failure to file the motion to vacate the default earlier, since he was on notice of default l...
2019.9.6 Application for Preliminary Injunction 162
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.9.6
Excerpt: ...e interim harm to the parties from issuance or nonissuance of the injunction.” (Butt v. State of Cal. (1992) 4 Cal.4th 668, 677–678 [15 Cal.Rptr.2d 480], citing Common Cause v. Bd. of Supervisors (1989) 49 Cal.3d 432, 441–442 [261 Cal.Rptr. 574].) The trial court is to weigh “the potential‐merit and interim‐harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction.” (Butt,...
2019.9.6 Motion to Compel Further Responses 223
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.6
Excerpt: ... failure to timely respond waives all objections to the requests and the propounding party may move to compel answers to production of documents. (Code of Civil Procedure, § 2031.300.) A motion to compel answers to production of documents must set forth specific facts showing good cause justifying the discovery sought by the demand and must be accompanied by a meet and confer declaration under § 2016.040. (Code of Civil Procedure, § 2031.310.)...
2019.9.6 Motion to Enforce Judgment, for Monetary Sanctions 066
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.6
Excerpt: ...greement and requests attorney fees and costs. The motions are opposed. By way of background, this lawsuit was filed in 1992 by 15 plaintiffs as “the record title owners of certain real property” situated within Lighthouse Shores against defendant Tahoe Keys Property Owners Association (“TKPOA”). Lighthouse Shores is a subdivision located within Tahoe Keys. The complaint alleges that in or about 1975, Lighthouse Shores was enclosed by the...
2019.9.6 Motion to Enforce Judgment, for Monetary Sanctions 066
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.6
Excerpt: ...greement and requests attorney fees and costs. The motions are opposed. By way of background, this lawsuit was filed in 1992 by 15 plaintiffs as “the record title owners of certain real property” situated within Lighthouse Shores against defendant Tahoe Keys Property Owners Association (“TKPOA”). Lighthouse Shores is a subdivision located within Tahoe Keys. The complaint alleges that in or about 1975, Lighthouse Shores was enclosed by the...
2019.9.6 Motion to Enter Default Judgment 201
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.9.6
Excerpt: ... when requested by a party. (Code Civ. Proc., § 664.6.) The parties agreed in the Stipulation for Entry of Judgment to allow the Court to retain jurisdiction until the terms of the settlement are fully performed. (Exhibit 1, ¶¶ 7, 8.) Therefore, the Court has jurisdiction to enforce the stipulated settlement. The stipulation was filed November, 14, 2014. The stipulation required Defendant to pay the sum of $ 13,906.41 to Plaintiff by payments ...
2019.8.30 Motion to Tax Costs, Request for Attorney Fees 089
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.30
Excerpt: ...ey fees, costs and expenses. Plaintiff sought to recover $23,800 in attorney fees and $3,595.38 in costs. On June 28, 2019 defendant filed a motion to tax various costs and an objection to the request for attorney fees. Plaintiff opposes the motion on the following grounds: the notice of motion is defective; the format of the motion is incorrect in that it fails to refer to the objections to the costs by the same number and in the same order as s...
2019.8.30 Motion for Preliminary Approval of Class Action Settlement 491
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.30
Excerpt: ...ere served by mail on defense counsel on June 28, 2019. There is no opposition to the motion in the court's file. “A class action shall not be dismissed, settled, or compromised without the approval of the court, and notice of the proposed dismissal, settlement, or compromise shall be given in such manner as the court directs to each member who was given notice pursuant to subdivision (d) and did not request exclusion.” (Civil Code, § 1781(f...
2019.8.30 Motion for Preliminary Approval of Class Action Settlement 491
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.30
Excerpt: ...ere served by mail on defense counsel on June 28, 2019. There is no opposition to the motion in the court's file. “A class action shall not be dismissed, settled, or compromised without the approval of the court, and notice of the proposed dismissal, settlement, or compromise shall be given in such manner as the court directs to each member who was given notice pursuant to subdivision (d) and did not request exclusion.” (Civil Code, § 1781(f...
2019.8.30 Motion to Tax Costs, Objection to Request for Attorney Fees 089
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.30
Excerpt: ...rney fees, costs and expenses. Plaintiff sought to recover $23,800 in attorney fees and $3,595.38 in costs. On June 28, 2019 defendant filed a motion to tax various costs and an objection to the request for attorney fees. Plaintiff opposes the motion on the following grounds: the notice of motion is defective; the format of the motion is incorrect in that it fails to refer to the objections to the costs by the same number and in the same order as...
2019.8.23 Motion for Summary Judgment 014
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.23
Excerpt: ...egulations regarding minimum lot size, the written easement was executed. (Complaint, paragraph 19.) The grant of easement was recorded on July 21, 1986. (See Complaint, Exhibit 2.) Defendant filed a cross‐complaint against plaintiffs seeking declaratory relief concerning the validity and enforceability of the subject easement and to quiet tile to the easement area on the ground that the easement was unenforceable and void as the easement effec...
2019.8.23 Motion to Set Aside Default 211
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.23
Excerpt: ...he amount of $3,841.31. Approximately one month after entry of default defendant filed the instant motion on July 18, 2019. Defendant moves to vacate and set aside the default pursuant to Code of Civil Procedure, § 473 on the ground that service of the summons did not result in actual notice in time to defend against the action brought by a debt buyer, because she was not served the summons and complaint. The proof of service in the court's file...
2019.8.23 Motion for Leave to File Amended Complaint 142
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.23
Excerpt: ...specific performance. Defendants filed their answer to the 1st amended complaint on June 11, 2018 and on that same date filed a cross‐complaint for partition of real property. Plaintiff filed her answer to the cross‐ complaint on July 12, 2018. On May 17, 2019 plaintiff filed a motion for leave to file a 2nd amended complaint in order to add causes of action for financial elder abuse, to quiet title, and for a TRO, preliminary injunction and ...
2019.8.23 Demurrer, Motion to Strike 260
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.23
Excerpt: ...s‐Defendant Polam Federal Credit Union demurs to the intentional infliction of emotional distress, unfair business practices, and declaratory relief causes of action on various grounds. Cross‐Complainants oppose the demurrers on various grounds. Cross‐Defendant Polam Federal Credit Union replied to the opposition. Demurrer Principles When any ground for objection to a complaint appears on its face, or from any matter of which the court is r...
2019.8.16 Motion to Set Aside Default, Judgment 545
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.16
Excerpt: ...30,000 on May 2, 2019. Defendant moves to vacate the default and default judgment on the ground that the plaintiff failed to serve a statement of damages on defendant thereby rendering the default and default judgment invalid. The proposed answer is attached to defense counsel's declaration in support of the motion as Exhibit B The proofs of service declare that on June 19, 2019 notice of the hearing and the moving papers were served by mail to p...
2019.8.16 Motion to Complete Administrative Record 255
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.16
Excerpt: ...ained the demurrers to all causes of action without leave to amend and overruled the demurrer to the petition for writ of mandate. The petition for writ of mandate alleges: the County does not make individualized determinations of each particular project regarding the nature and extent of each project's traffic impacts; instead the County looks to the non‐individualized Traffic Impact Mitigation (TIM) Fee Program set forth in the County's Gener...
2019.8.16 Motion to Compel Further Responses 052
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.8.16
Excerpt: ...requests. The motion is granted on the basis that the responses were not properly verified. The verification is dated March 27, 2019, before defendant even served responses to the discovery on June 21, 2019. (Decl. of Mark L. Bissonnette, Ex. 2.) Furthermore, the verification provided was not attached to the responses and appears to be a generic verification to “discovery responses.” (Id., ¶ 7.) A generic verification defeats the purpose of ...
2019.8.16 Motion to Compel Arbitration 213
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.8.16
Excerpt: ...on, unless it determines that the right to compel arbitration has been waived by petitioner, that grounds exist for rescission of the agreement, or that a party to the agreement is also a party to a pending court action or special proceeding with a third party. “Such a petition essentially seeks specific performance of the arbitration agreement. [Citation.] ‘In determining whether an arbitration agreement applies to a specific dispute, the co...
2019.8.16 Motion for Summary Judgment 539
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.16
Excerpt: ... 11, 2019 the court granted Defendant MHC's motion for leave to file a cross‐ complaint. The cross‐complaint was filed on April 12, 2019 against Plaintiff asserting the following causes of action: inverse condemnation; creation of a dangerous condition at defendant MHC's property and State Route 49 that greatly increases the likelihood a member of the public will collide with recreational vehicles exiting defendant MHC's property thereby subs...
2019.8.16 Motion for Monetary and Terminating Sanctions, OSC Re Contempt 223
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.16
Excerpt: ... defendant Feister to special interrogatories was moot and ordered defendants Feister and Stix Development to do the following: serve original verifications to each discovery response within ten days; serve original verified answers to form interrogatories – construction litigation, without objection within ten days; serve original, verified further responses to requests for production without objection within ten days; and produce all responsi...
2019.8.9 Demurrer 033
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.9
Excerpt: ...ce, motor vehicle wrongful death, motor vehicle survival, Government Code, § 815.2 public entity liability for employee negligent conduct, public entity wrongful death, public entity survival action, and dangerous condition of public property (Government Code, § 835) causes of action. Defendant CALTRANS demurs on various grounds to the allegations of general negligence found within various causes of action, the 4th cause of action for liability...
2019.8.9 Demurrer 138
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.9
Excerpt: ... York Mellon demurs to all causes of action on various grounds. Plaintiffs oppose the demurrers on various grounds and requests that leave to amend be granted should any demurrer be sustained. Plaintiffs also object to all of defendant's requests for judicial notice. Plaintiffs' Objections to Defendant New York Bank Mellon's Requests for Judicial Notice Defendant New York Bank Mellon requests the court to take judicial notice of the note and docu...
2019.8.9 Demurrer, Motion to Strike 051
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.8.9
Excerpt: ...ion to strike portions of the complaint filed by Meyers Station, Inc., dba Buckingham Properties Lake Tahoe, Monique Hill, Marni Coyle, and Carl Fair. 1. STANDARD OF REVIEW RE: DEMURRER 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 h...
2019.8.9 Motion to Compel Mediation or Arbitration 062
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.8.9
Excerpt: ...laintiff and Castaway Properties, a dissolved California LLC. (Compl., ¶¶ 14–15; Mot., Ex. 1, p. 8, ¶ 22.) Castaway Defendants cannot compel the other parties in this litigation to mediate and/or arbitrate based upon a Purchase Agreement to which they were not parties. Additionally, the statutes cited by Castaway Defendants in support of the motion, Code of Civil Procedure §§ 1281.2 and 1281.4, pertain to arbitration, not mediation. Additi...
2019.8.9 Motion to Dismiss Action 029
Location: El Dorado
Judge: McLaughlin, Michael J
Hearing Date: 2019.8.9
Excerpt: ...esent, and potential future claims. (Defs. Mot., Ex. A at p. 2, sec. 4.) On July 15, 2019, plaintiff filed a Request for Dismissal with prejudice as to the Cramers. Simpson and D'Aintree are the only remaining defendants. The instant motion was filed on June 14, 2019, and the hearing was set for July 26, 2019. Plaintiff did not file an opposition to the motion prior to the hearing. Rather, plaintiff appeared at the original hearing on July 26 and...
2019.8.2 Demurrer 369
Location: El Dorado
Judge: Sullivan, Dylan
Hearing Date: 2019.8.2
Excerpt: ..., § 2924h(g). Defendants JP Morgan Chase Bank and Federal Home Loan Mortgage Corp. (Freddie Mac) demurs to all causes of action of the 1st amended complaint on various grounds. Defendanst also requested the court to take judicial notice of documents. Plaintiffs oppose the demurrers on various grounds and objected to defendants' requests for judicial notice on various grounds. Defendant JP Morgan Chase Bank and Freddie Mac replied to the oppositi...

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