Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

372 Results

Location: Yolo x
2022.10.07 Motion to Compel Arbitration 142
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.10.07
Excerpt: ... McAllister Bros., Inc. v. A & S Trans. Corp. (1980) 621 F.2d 519, 524; Harris v. TAP Worldwide, LLC (2016) 248 Cal.App.4th 373, 380 – 381 [the party seeking arbitration bears the initial burden of demonstrating the existence of an arbitration agreement]; Bannister v. Marinidence Opco, LLC (2021) 64 Cal.App.5th 541, 545; see Espejo v. So. Cal. Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1062; see e.g., Pinnacle Museum Tower Assn. v. P...
2022.10.07 Demurrer 462
Location: Yolo
Judge: Department 2
Hearing Date: 2022.10.07
Excerpt: ...t) or quit which may be enforced by summary legal proceedings, but this notice is valid and enforceable only if the lessor strictly complies with the specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) In the context of unlawful 2 of 4 detainers, courts have held that because of an insufficiency of the notice served upon a tenant, the complaint failed to state a cause of action and that the judgment entered...
2022.10.07 Motion for Protective Order 248
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.10.07
Excerpt: ...s exceeding the maximum permitted number of pages. Plaintiff's motion for protective order against Thomas F. Rutaganira, Rachel Renno, and Foos Gavin Law Firm, P.C. is DENIED. (Code Civ. Proc., §§ 2030.090, 2031.060.) Plaintiff failed to show “a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., §§ 2016.040, 2030.090, subd. (a), 2031.060, subd. (a); Mitchell decl., ¶ 1; R...
2022.10.05 Motion to Strike or Tax Costs 230
Location: Yolo
Judge: Department 9
Hearing Date: 2022.10.05
Excerpt: ...to the conduct of the litigation. (Code Civ. Proc., § 1033.5. subds. (c)(2) – (3).) 2. The motion to strike and/or tax costs as to deposition costs ($26,891.90) is GRANTED IN PART. (Code Civ. Proc., § 1033.5. subd. (a)(3)(A).) The Court finds that plaintiff has failed to meet his burden that the late cancellation fee ($570.00), pertaining to the deposition of plaintiff's expert Paul Herbert, was reasonable and necessary to the conduct of the ...
2022.10.05 Motion to Compel Further Responses 935
Location: Yolo
Judge: Department 9
Hearing Date: 2022.10.05
Excerpt: ...ure on her discovery verification is invalid. (See, e.g., Cal. Rules of Court, rule 2.257; Hunt decl., ¶ 7, Exhibit C.) Further, defendant's response to request for production, no. 1, substantially complies with Code of Civil Procedure sections 2031.210(a) and 2031.220. (Code Civ. Proc., § 2031.310, subds. (a), (b)(1); Hunt decl., ¶ 7, Exhibit C.) Although plaintiff has shown good cause justifying the discovery sought by the demand, plaintiff ...
2022.10.04 Motion to Set Aside Dismissal, Enter Judgment 235
Location: Yolo
Judge: Department 9
Hearing Date: 2022.10.04
Excerpt: ...¶ 9.) Defendant failed to make all payments pursuant to the Court's December 29, 2021, order dismissing, without prejudice, the instant action and retaining jurisdiction pursuant to California Code of Civil Procedure 664.6, which was based upon the stipulation for settlement and entry of judgment (“Stipulation”) between the parties filed on December 27, 2021. (Mahfouz II Decl., ¶¶ 5 – 7, 9, Exhibit A.) However, as the parties did not exp...
2022.09.30 Motion for Summary Adjudication 998
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.09.30
Excerpt: ... the motion.”].) The Court declines to rule on defendants' objections to the declarations of Dayna Weishaar and Robert Koehler as the evidence objected to is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) The Court, in its discretion, considers plaintiff's late‐filed reply in support of her motion for summary adjudication. (Cal. Rules of Court, rule 3.1300(d); Rancho Mirage Country Club Homeowners...
2022.09.29 Demurrer 686
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.09.29
Excerpt: ...tted document are difficult to read. Regarding Exhibit 4 (“1967 putative agreement” among Alpine County and the South Tahoe Public Utility District, referred to in the cross complaint, without exhibits), it appears multiple pages/paragraphs have been omitted from the copy submitted to the Court. Regarding Exhibit 5 (“1973 agreement” among STPUD and USA, Bureau of Land Management, referred to in the 1967 agreement, without exhibits), there...
2022.09.28 Motion for Summary Judgment 115
Location: Yolo
Judge: Department 9
Hearing Date: 2022.09.28
Excerpt: ... to the motion.”].) The Court does not reach plaintiff's objections to the declaration of Michael J. Perrotti, Ph.D. Also, the Court declines to rule on plaintiff's evidentiary objections to the video footage submitted by defendants Kenneth Paulson and Barbara Paulson (“defendants”). (Defendants' Compendium of Evidence [“COE”], Exhibit F.) Such evidence is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, ...
2022.09.27 Motion for Judgment on the Pleadings 964
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.09.27
Excerpt: ...wer does not state facts sufficient to constitute a defense to the complaint. (Ibid.; Plaintiff's RJN, Exhibit A; Pang v. Beverly Hosp., Inc. (2000) 79 Cal.App.4th 986, 989–990; Murillo v. Superior Court (2006) 143 Cal.App.4th 730, 736.) Given defendant's admissions, the defects cannot be cured by amendment. (See Virginia G. v. ABC Unified School Dist. (1993) 15 Cal.App.4th 1848, 1852.) Plaintiff's request for costs is DENIED WITHOUT PREJUDICE....
2022.09.20 Motion to Compel Further Responses 251
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.09.20
Excerpt: ...responses to defendant's special interrogatories, set one. (Roy decl., ¶ 10; McCoy decl. ISO reply, ¶ 11.) As a result, defendant is no longer seeking further responses to many of its form interrogatories, set one. (McCoy decl. ISO reply, ¶¶ 11‐13.) Despite agreeing to supply further responses to the form interrogatories still at issue, plaintiff has not provided such responses. (Id., ¶ 15.) Further, plaintiff has not offered any justifica...
2022.09.13 Motion to Vacate 147
Location: Yolo
Judge: Department 9
Hearing Date: 2022.09.13
Excerpt: ...intiff has satisfied the requirements for mandatory relief under section 473(b). (Martin Potts & Associates, Inc., supra, 244 Cal.App.4th at p. 443; Withee decl.) Specifically, plaintiff's motion was accompanied by an attorney's affidavit attesting to his mistake, inadvertence, surprise, or 2 of 2 neglect, which caused plaintiff's case to be dismissed. (Code Civ. Proc., § 473, subd. (b); see, e.g., Withee decl., ¶¶ 2, 13.) It is irrelevant whe...
2022.09.07 Motion for Summary Judgment 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.09.07
Excerpt: ...ess and Professions Code section 2056. SDH has not met its burden to show that a required element of plaintiff's first cause of action cannot be established. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849, as modified (July 11, 2001).) It is unnecessary to reach plaintiff's second cause of action as SDH has not established that it is 2 of 7 entitled to judgment as a matter of law. (Code Civ. ...
2022.09.07 Motion to Tax Costs 143
Location: Yolo
Judge: Department 9
Hearing Date: 2022.09.07
Excerpt: ... party at trial. (See Friends of Spring Street v. Nevada City (2019) 33 Cal.App.5th 1092, 1104 [in determining whether a party is a prevailing party who can recover costs, the trial court determines whether the party succeeded at a practical level by realizing its litigation objectives and whether the action yielded the primary relief sought in the case]; Statement of Decision, p. 17 (“SOD”).) 1. The motion to tax deposition costs ($6,311.75)...
2022.09.07 Motion to Strike Jury Demand 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.09.07
Excerpt: ...at he has no right to a jury trial with regard to his cause of action based upon Health and Safety Code section 1278.5. (Plaintiff's Memorandum of Points and Authorities, p. 1.) Second, this Court concludes that the gist of plaintiff's cause of action based upon Business and Professions Code section 2056 is equitable, rather than legal, and that plaintiff therefore has no right to a jury trial on that cause of action. Under California law, the ri...
2022.08.30 Demurrer 692
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.08.30
Excerpt: ...923.5 is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) The Court finds that plaintiffs Maricela Sanabria and Miguel Sanabria have alleged facts sufficient to state this cause of action. (Civ. Code, § 2923.5; Barrionuevo v. Chase Bank, N.A. (2012) 885 F.Supp.2d 964, 975 – 977, Compl., ¶¶ 13, 22, 23, Exhibit D.) Defendants' demurrer as to the second cause of action for violation of Civil Code section 2924(a)(1) is SUSTAINED WITHOUT LEAVE...
2022.08.26 Motion to Bifurcate Punitive Damages Claim 368
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.08.26
Excerpt: ...ges and finds that [Pruco] is guilty of malice, oppression, or fraud in accordance with Section 3294.” (See also Torres v. Automobile Club of So. California (1997) 15 Cal.4th 771, 777–779.) However, Pruco has failed to establish that this Court should bifurcate the entire punitive damages portion of the trial from the liability portion of the trial. (See Code Civ. Proc., § 3295; Evid. Code, § 352.) Pruco's motion to bifurcate breach of cont...
2022.08.26 Demurrer 225
Location: Yolo
Judge: Department 2
Hearing Date: 2022.08.26
Excerpt: ...r, and address of the person to whom the rent payment shall be made, and if payment may be made personally, the usual days and hours that person will be available to receive the payment. (Code Civ. Proc., § 1161(2).) Moving defendants have not shown that the Court lacks subject matter jurisdiction or that the complaint is fatally uncertain merely because the 3‐day notice to pay rent or quit provided optional in‐person payment terms and also ...
2022.08.26 Demurrer 216
Location: Yolo
Judge: Department 2
Hearing Date: 2022.08.26
Excerpt: ...30.10, subd. (f).) As a prerequisite to filing an unlawful detainer action, a tenant must be served with either three, 30, or 90 days' notice, depending on the individual's status as a tenant. (Code Civ. Proc., §§ 1161, 1161a, 1161b; The Bank of New York Mellon v. Preciado (2013) 224 Cal.App.4th Supp. 1, 6.) The notice served upon defendants is not fatally uncertain as it provides sufficient 3‐day notice based upon defendants' legal status as...
2022.08.24 Demurrer 479
Location: Yolo
Judge: Department 9
Hearing Date: 2022.08.24
Excerpt: ...ek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825 [“Any matter to be judicially noticed must be relevant to a material issue.”].) Plaintiff Sierra Northern Railway's objections to defendants' request for judicial notice are DENIED AS MOOT, given this Court's ruling on defendants' request for judicial notice. Defendants' demurrer to the complaint is OVERRULED. (Code Civ. Proc., § 430.10, subds. (a), (e).) Defendants demur to pla...
2022.08.23 Demurrer, Motion to Strike 622
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.08.23
Excerpt: ...z, Jr.'s third cause of action for premises liability is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) The Court finds that plaintiffs have sufficiently alleged facts to state this cause of action against Courtyard and CTR. (Kesner v. 2 of 4 Superior Court (2016) 1 Cal.5th 1132, 1159, internal citations omitted; See Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619; Vasquez v. Residential Investments, Inc. (2004) 118...
2022.08.18 Motion to Compel Medical Exam 759
Location: Yolo
Judge: Department 9
Hearing Date: 2022.08.18
Excerpt: ....) The Court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown. (Code Civ. Proc., § 2032.320, subd. (a).) Sun Growers has shown good cause for the proposed defense examination. Plaintiff has placed her mental state in controversy by claiming severe emotional distress. (Complaint, ¶ 33; see Vinson v. Superior Court (1987) 43 Cal.3d 833, 839.) With regard to the standard diagnostic testing ...
2022.08.18 Demurrer 749
Location: Yolo
Judge: Department 9
Hearing Date: 2022.08.18
Excerpt: ...demurrer to the complaint as to the first cause of action (violation of Civil Code section 2923.6(c)) is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) Civil Code section 2923.6(c) prohibits a mortgage servicer or beneficiary from recording a notice of default or notice of sale, or conducting a trustee's sale “while the complete first lien loan modification application is pending.” However, plaintiff's complaint does ...
2022.08.11 Motion to Strike or Reduce Costs 593
Location: Yolo
Judge: Department 5
Hearing Date: 2022.08.11
Excerpt: ... rule 8.278(d)(1)(D).) Accordingly, this Court cannot determine (a) how much of the requested costs are recoverable and (b) if such recoverable costs are reasonable. (Ibid.) 2. As to item no. 10 for attorney's fees ($1,000.00), petitioner has not filed a noticed motion to claim attorney's fees on appeal as required. (See Cal. Rules of Court, rule 8.278(d)(2), 3.1702(c).) Further, based on the record before the Court, petitioner was never represen...
2022.08.11 Motion to Compel Further Responses 528
Location: Yolo
Judge: Department 9
Hearing Date: 2022.08.11
Excerpt: ...f has failed to show “a reasonable and good faith attempt at an informal resolution” of the discovery dispute prior to filing the instant motion. (Code Civ. Proc., §§ 2016.040, 2031.310, subd. (b)(2); Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1438; Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) The Court finds that plaintiff's meet and confer efforts were insuffic...

372 Results

Per page

Pages