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309 Results

Location: Yolo x
2022.05.12 Motion to Compel Deposition 209
Location: Yolo
Judge: Department 9
Hearing Date: 2022.05.12
Excerpt: ...), 2016.040; Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431–433; Underwood decl., ¶¶ 5‐14, Exhibits 6‐ 8; Cohen decl., ¶¶ 4‐8.) Denial is without prejudice, however, to permit further informal meet and confer efforts aimed at resolving the matter. (Code Civ. Proc., § 2016.040; Obregon, supra, 67 Cal.App.4th at pp. 433–436.) Plaintiff's requests for sanctions are...
2022.05.10 Motion for Summary Adjudication 350
Location: Yolo
Judge: Department 9
Hearing Date: 2022.05.10
Excerpt: ...les of Court, rule 3.1354(b); See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 531–532.) The Court declines to rule on defendant's evidentiary objections to the Declaration of Aish Khalil, objections 1 and 2, as the evidence objected to is not germane to the disposition of defendant's motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) The Court OVERRULES defendant's objections to the Declaration and Second Declaration of Purnima...
2022.05.06 Motion to Strike Portions of SAC 094
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.05.06
Excerpt: ...r the fourth cause of action for negligence, are measured exclusively under Civil Code section 3343. (See Civ. Code, § 3333; Santa Barbara Pistachio Ranch v. Chowchilla Water Dist. (2001) 88 Cal.App.4th 439, 446–447; cf. Fragale v. Faulkner (2003) 110 Cal.App.4th 229, 236‐237 [finding the application of Civil Code section 3343 to limit the plaintiffs' damages, when the plaintiffs brought an action based on a broker's misrepresentation]; SAC,...
2022.05.06 Motion for Amendments to Entry of Judgment 998
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.05.06
Excerpt: ...s DENIED. (Code Civ. Proc., §§ 685.010, 685.020, subd. (a).) “Only final judgments bear postjudgment interest.” (Hyundai Motor America v. Superior Court (2015) 235 Cal.App.4th 418, 424.) “A judgment is the final determination of the rights of the parties in an action or proceeding.” (Code Civ. Proc., § 577; see also Doudell v. Shoo (1911) 159 Cal. 448, 453 [“A judgment is final when it terminates the litigation between the parties on...
2022.05.03 Motion to Strike or Tax Costs 352
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.05.03
Excerpt: ...ng party]; see Friends of Spring Street v. Nevada City (2019) 33 Cal.App.5th 1092, 1104 [in determining whether a party is a prevailing party 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]; DeSaulles v. Community Hospital of Monterey Peninsula (2016) 62 Cal.4th 1140, 1157 [the rule is that a partial recovery, a...
2022.04.29 Motion to Bifurcate 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.29
Excerpt: ...ages and (2nd) that prejudice to either party is speculative. Thus, bifurcation would not serve judicial economy and efficiency or the interests of justice. SDH's unopposed request to bifurcate the issue of punitive damages, precluding presentation of evidence on SDH's profits or financial condition until after plaintiff has obtained a finding of malice, oppression, or fraud on the part of SDH, is GRANTED. (Civ. Code, § 3295, subd. (d).) If no h...
2022.04.28 Motion to Compel Further Responses 475
Location: Yolo
Judge: Department 9
Hearing Date: 2022.04.28
Excerpt: ...de verifications to support his substantive responses to the subject discovery by no later than May 13, 2022. As defendant Hernandez provided timely, hybrid responses (containing objections and substantive responses) to the subject discovery, defendant has not waived his objections. (Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657‐ 658 [“Food 4 Less”].) Regarding plaintiff's request for further responses, pla...
2022.04.27 Demurrer 970
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.27
Excerpt: ...Civ. Proc., § 430.10; See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court finds that plaintiff has failed to state facts sufficient to constitute a cause of action against BNT. (Code Civ. Proc., § 430.10, subd. (e).) The Court finds that there are no allegations in the FAC that BNT has any adverse claim against the title of the subject property, and no amendment can cure this deficiency. (See Orcilla v. Big Sur, Inc. (2016) 244 Cal.App.4t...
2022.04.26 Motion to Compel Medical Exam 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.26
Excerpt: ...f any party desires to obtain discovery by a mental examination, the party shall obtain leave of court. (Code Civ. Proc., § 2032.310, subd. (a), emphasis added.) 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).) SDH has shown good cause for the proposed mental examination. Plaintiff has placed his mental state in controversy by the alle...
2022.04.26 Demurrer 528
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.26
Excerpt: ... permitted number of pages. 4 of 4 Defendants Zero Net Energy Alliance, Inc. (“ZNEA”), Richard Schorske, and Sharon Tobar's request for judicial notice is DENIED. (Evid. Code, §§ 452, 453.) Defendants failed to make their request for judicial notice in a separate document as required. (Cal. Rules of Court, rule 3.1113(l).) Defendants' demurrer to plaintiff's second amended complaint (“SAC”) as to the third cause of action (alter ego lia...
2022.04.26 Application for Right to Attach Order 243
Location: Yolo
Judge: Department 9
Hearing Date: 2022.04.26
Excerpt: ... 453.) Plaintiff's application for right to attach order as to Flower of Life is GRANTED. (Code Civ. Proc., § 484.010 et seq.) Plaintiff has satisfied the applicable requirements. (See Code Civ. Proc., §§ 483.010, 484.020, 484.090.) First, the claim upon which the attachment is based is one upon which an attachment may be issued. (Code Civ. Proc., §§ 483.010, 484.090, subd. (a)(1).) Plaintiff's conversion cause of action against Flower of Li...
2022.04.19 Motion for Attorney Fees 911
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.19
Excerpt: ...ed time entries attached as Exhibit A to the declaration of Tessa McGuire. (Evid. Code, §§ 402, 403; McGuire Decl., Exhibit A; see declarations of Boutin, McNairy, McGlone, Miller, Cowan and Jackson.) However, the Court finds that only those time entries that identify fees “incurred in the request for” the Stipulated Judgment (“Judgment”) are relevant. (Evid. Code, §§ 210, 350; Judgment, ¶ 4.) Regarding those time entries that do not...
2022.04.19 Motion for Summary Judgment, Adjudication 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.19
Excerpt: ...ornia (1998) 63 Cal.App.4th 1108, 1119.) SDH's objection to the declaration of plaintiff, at 8:1‐3 (Din decl., ¶ 30), is OVERRULED. (Evid. Code, § 803.) SHD's objections to the declaration of attorney M. Bradley Wishek, at 5:23‐27 (Wishek decl., ¶ 8), are SUSTAINED. (Evid. Code, §§ 403, 702, 803.) SHD's objections to the declaration of attorney M. Bradley Wishek, at 5:27‐29 (Wishek decl., ¶ 8), are SUSTAINED. (Evid. Code, §§ 403, 70...
2022.04.13 Motion to Disqualify Opposing Counsel 271
Location: Yolo
Judge: Department 9
Hearing Date: 2022.04.13
Excerpt: ...c., § 128, subd. (a)(5); People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145–1146.) Defendant does not have standing to bring the present motion to disqualify. (Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1356– 1357; cf. Blue Water Sunset, LLC v. Markowitz (2011) 192 Cal.App.4th 477, 485‐486 & 481.) While a non‐client party may bring a motion to disqualify “whe...
2022.04.13 Motion for Protective Order 437
Location: Yolo
Judge: Department 9
Hearing Date: 2022.04.13
Excerpt: .... (b); Sibley decl., ¶ 14.) Further, plaintiff has provided sufficient justification for propounding 39 special interrogatories on defendant Sibley. (Code Civ. Proc., §§ 2030.040, subd. (b), 2030.030; see Usher v. White (2021) 64 Cal.App.5th 883, 896–897.) Defendants' motion for protective order regarding requests for admissions and form interrogatories is GRANTED IN PART. (Code Civ. Proc., § 2033.080.) With the exception of requests for ad...
2022.04.07 Motions for Summary Adjudication 223
Location: Yolo
Judge: Department 9
Hearing Date: 2022.04.07
Excerpt: ...AGUILAR 219 through AGUILAR 238. This Court SUSTAINS defendant David Drake's (“Drake”) objections to videos AGUILAR 219 through 223 and AGUILAR 225 as late evidence not authorized by this Court's order of February 4, 2022. This Court considers only videos AGUILAR 224 and AGUILAR 226 which had previously been submitted as attachments to the declarations of Yasmine Salmeron and Raymond Ruano, both filed with the Court January 21, 2022, in suppo...
2022.04.05 Motion for Protective Order 247
Location: Yolo
Judge: Department 9
Hearing Date: 2022.04.05
Excerpt: ...r duplicative; (2) obtainable from some other source that is more convenient, less burdensome or less expensive; or, (3) unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation. (Code Civ. Proc., § 2019.030, subd. (a)(1), (2); Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 672; Murillo v. Superior Court (2006) 143 Cal.App.4th 7...
2022.04.05 Motion for Leave to File SAC 732
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.05
Excerpt: ...rst, plaintiff's motion does not include a copy of the proposed amended pleading. (Cal. Rules of Court, rule 3.1324(a)(1).) Second, plaintiff has not stated what allegations are proposed to be added and/or deleted and where, by paragraph and line number. (Cal. Rules of Court, rule 3.1324(a)(2)‐(3).) Third, plaintiff has failed to file a supporting declaration, stating: (1) the effect of the amendment; (2) why the amendment is necessary and prop...
2022.04.01 Motion to Compel Responses 209
Location: Yolo
Judge: Department 9
Hearing Date: 2022.04.01
Excerpt: ...ing the instant motion. (Code Civ. Proc., §§ 2016.040, 2030.300, subd. (b)(1), 2031.310, subd. (b)(2), 2033.290, subd. (b)(1); Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431–433; Holland decl., ¶¶ 5‐14, Exhibits 6‐10.) 2 of 2 Bridge Partners' request for sanctions is DENIED. (Code Civ. Proc., §§ 2030.300, subd. (d), 2031.310, subd. (h), 2033.290, subd. (d).) Bridge...
2022.03.28 Motion for Prejudgment Interest 411
Location: Yolo
Judge: Department 9
Hearing Date: 2022.03.28
Excerpt: ...v. Santa Fe Pacific Pipelines, Inc. (2014) 231 Cal.App.4th 134, 201‐202 [“The term ‘damages' refers to the monetary sum assessed by a court against a wrongdoer for the commission of a legal wrong of a private nature.”], emphasis in original; Watson Bowman Acme Corp. v. RGW Construction, Inc. (2016) 2 Cal.App.5th 279, 293 [“prejudgment interest is an element of damages, not a cost of litigation.”].) The notice of motion does not provid...
2022.03.25 Motion for Summary Judgment 090
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.03.25
Excerpt: ...set forth evidence that defendant Mateo Galvan continues in possession of real property after a three‐day written notice to quit was served upon him, where the property was sold in accordance with Section 2924 of the Civil Code, under a power of sale contained in a deed of trust executed by defendant, and the title under the sale was duly perfected. (Code Civ. Proc., § 1161a, subd. (b), (b)(3); RJN Nos. 1‐5; RFAs deemed admitted 1‐9; Reyes...
2022.03.16 Motion for Attorney Fees 911
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.03.16
Excerpt: ... Cal.App.2d 749, 759; Miller Decl., ¶ 6, Exhibit A; Boutin Decl., ¶ 6.) The Court declines to rule upon the remaining objection to Eric Miller's declaration as the Court did not rely upon the remaining challenged paragraphs of said declaration in determining the instant motion. The Court declines to rule on plaintiffs Robert Shelton and Adrian Shelton's [evidentiary] objection to Underwood declaration as the Court did not rely upon the challeng...
2022.03.15 Motion for Protective Order 243
Location: Yolo
Judge: Department 9
Hearing Date: 2022.03.15
Excerpt: ...burden and expense.” (Code Civ. Proc., § 2025.420, subd. (b); see also Poeschl v. Superior Court In and For Ventura County (1964) 229 Cal.App.2d 383, 385‐387 [“the existence of such advantages alone will ordinarily not constitute good cause for changing the normal timing of discovery or justify a conclusion that such timing will result in ‘annoyance, embarrassment or oppression.”]; see generally Radcliffe decl.) Further, defendant has ...
2022.03.10 Demurrer, Motion to Strike 935
Location: Yolo
Judge: Department 9
Hearing Date: 2022.03.10
Excerpt: ...ision giving rise to the instant action is a disputed fact that the Court may not decide upon demurrer. (See Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114 – 115.) The parties are DIRECTED TO APPEAR for the case management conference. Motion to Strike: Defendant's request for judicial notice is DENIED. (Evid. Code, §§ 452, subd. (c), 453; Cal. Rules of Court, rule 3.1113, subd. (l); Post v. Prati (1979) 90 Cal.A...
2022.03.08 Petition for Approval of Compromise of Claim 728
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.03.08
Excerpt: ...h 238, 268, fn. 6; see Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817 825.) Petitioner Jennifer Marston, and the minor, Ryan Marston are DIRECTED TO APPEAR. (Cal. Rules of Court, rule 7.952.) If the parties fail to appear at the hearing and the Court has not excused their personal appearance, the petition will be denied without prejudice. No request for a hearing is required. 2 of 3 Motion for attorney's fees and common fund reduct...

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