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228 Results

Location: Yolo x
2021.10.21 Motion to Strike Punitive Damages 246
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.10.21
Excerpt: ...al.3d 147, 160; see also Hoch v. Allied‐Signal, Inc. (1994) 24 Cal.App.4th 48, 61; Civ. Code, § 3294; Complaint, ¶¶ 11, 61‐ 62.) As to injunctive relief, plaintiffs have adequately alleged facts establishing that the alleged harm is likely to reoccur. (See Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084; and East Bay Mun. Utility Dist. v. Department of Forestry & Fire Protection (1996) 43 C...
2021.10.13 Motion for Summary Judgment, Adjudication 895
Location: Yolo
Judge: Department 9
Hearing Date: 2021.10.13
Excerpt: ...served and filed separately from the other papers…in opposition to the motion.” (Cal. Rules of Court, rule 3.1354(b).) The Court declines to rule on defendant's evidentiary objections to plaintiff's evidence as the evidence objected to is not germane to the disposition of defendant's motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) Defendant's motion for summary adjudication as to the first cause of action for wrongful term...
2021.10.12 Demurrer 164
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.10.12
Excerpt: ...nce cause of action against a public entity such as defendant. (Gov. Code, § 815, et seq.; Tolan v. State of California (1979) 100 Cal.App.3d 980, 985; Guzman v. County of Monterey (2009) 46 Cal.4th 887, 897.) Plaintiffs may amend their complaint by no later than October 22, 2021 (10 days after the hearing). (Cal. Rules of Court, rule 3.1320(g).) The Court notes that defendant failed to properly meet and confer “in person or by telephone” pr...
2021.10.08 Motion to Enforce Settlement Agreement, for Dismissal, for Attorney Fees 248
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.10.08
Excerpt: ...sition of the instant motion. Plaintiff's motion to enforce paragraph 11 of the January 26, 2021 stipulation and order thereon, for judgment of dismissal of Thomas Rutaganira's cross‐ complaint, and for attorney's fees and costs is DENIED. (Code Civ. Proc., § 664.6.) A motion to enforce a settlement agreement, under section 664.6, may not “be considered in an action other than the action in which the settlement was made.” (Viejo Bancorp, I...
2021.10.05 Motion for Sanctions 756
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.10.05
Excerpt: ...st…be a showing of an improper purpose, i.e., subjective bad faith on the part of the attorney or party to be sanctioned.”], citation omitted; Code Civ. Proc., § 128.5, subd. (a); Cutler decl.) While final payment was received after the 90‐day deadline, defendant provided an explanation for the delay. (Universal decl., ¶¶ 34‐43.) The Court declines to award plaintiff post‐judgment interest because there was no money judgment. (Code C...
2021.10.05 Demurrer 939
Location: Yolo
Judge: Department 9
Hearing Date: 2021.10.05
Excerpt: ...w when the educational institution makes a specific promise to provide an educational service, such as a failure to offer any classes or a failure to deliver a promised number of hours of instruction.” (Kashmiri v. Regents of University of California (2007) 156 Cal.App.4th 809, 826.) However, unless there was a formal agreement between defendant and its students or an express statement by defendant that it intends to be bound, any alleged agree...
2021.10.01 Motion for Summary Judgment, Adjudication 330
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.10.01
Excerpt: ...ion as the evidence objected to is not germane to the disposition of defendants Jamil L. White, individually and doing business as Louis White, P.C.'s (“defendants”) motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) The Court declines to rule on defendants' evidentiary objections made in their response to plaintiffs' separate statement because “[a]ll written objections to evidence must be served and filed separately from t...
2021.09.30 Demurrer 489
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.09.30
Excerpt: ...irwan (1985) 39 Cal.3d 311, 318.) While the amended CC&Rs were recorded in 1995, plaintiffs Richard Lauckhart, and Sharon Baumgartner and Ron Baumgartner, as trustees of the Baumgartner Family Revocable Trust, have alleged that the signatures to amend the CC&Rs were fraudulently obtained. (Code Civ. Proc., § 343; Costa Serena Owners Coalition v. Costa Serena Architectural Com. (2009) 175 Cal.App.4th 1175, 1193, 1196‐1197 [“Costa Serena”]; ...
2021.09.24 Motion to Set Aside Default 295
Location: Yolo
Judge: Department 9
Hearing Date: 2021.09.24
Excerpt: ...leyea v. Campbell (1994) 8 Cal.4th 975, 980 [“Because the law favors disposing of cases on their merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.”]; Colderbank Decl., ¶¶ 2‐14.) Further, defendant has shown “diligence in making the motion after discovery of the default.” (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410; Colderbank Decl., ¶¶ 16‐40.) Defendant's...
2021.09.23 Motion for Consolidation 243
Location: Yolo
Judge: Department 9
Hearing Date: 2021.09.23
Excerpt: ...ey Boosalis, Mara Getz, and Eric Parise's first amended complaint seeks relief for conversion of the same property identified in plaintiff First Centaur's conversion cause of action for Case No. CV‐2018‐ 1444. (Compare defendant's RJN, no. 3, ¶¶ 59‐61 and defendant's RJN, no. 5, ¶¶ 61‐66, 68.) Moreover, defendant's cross‐complaints filed in each case seek nearly identical factual and legal determinations, only against different part...
2021.09.15 Motion for Terminating Sanctions, Monetary Sanctions 750
Location: Yolo
Judge: Department 9
Hearing Date: 2021.09.15
Excerpt: ...'s discovery requests and pay monetary sanctions warrants terminating sanctions. (Department of Fair Employment & Housing v. Ottovich (2014) 227 Cal.App.4th 706, 712 – 713.) Defendant's answer is stricken and a judgment by default against defendant Stcyr shall be entered. (Code Civ. Proc., § 2023.030, subd. (d)(1), (4).) Plaintiffs' request for monetary sanctions is GRANTED, in the amount of $740.00 against defendant Stcyr. By continuing to di...
2021.09.14 Motion to Enforce Arbitration Agreement 114
Location: Yolo
Judge: Department 9
Hearing Date: 2021.09.14
Excerpt: ... § 1281.2, 1284.) The case of Felisilda v. FCA US LLC ((2020) 53 Cal.App.5th 486) is binding on this Court. The Court thus finds that plaintiff is estopped from repudiating defendant's enforcement of the express arbitration provision found in the Retail Installment Sales Contract (“Contract”) between plaintiffs and Hoblit Chrysler Jeep Dodge. (Felisilda, supra, 53 Cal.App.5th 486, 495 – 499; Universal Decl., Ex. A.) The Court finds that ba...
2021.09.10 Motion for Judgment on the Pleadings 165
Location: Yolo
Judge: Department 9
Hearing Date: 2021.09.10
Excerpt: ...he Court finds that plaintiff Hossam Buzgheia failed to record his mechanic's lien pertaining to the work of improvement he performed on defendants' property within the requisite statutory time frame; thus, has waived his right to bring the instant action. (Civ. Code, §§ 8180, subd. (a), 8412, subds. (a)(1), (a)(3); Howard S. Wright Construction Co. v. BBIC Investors (2006) 136 Cal.App.4th 228, 237, 240; See Stanislaus Lumber Co. v. Pike (1942)...
2021.09.09 Motion to Reopen Discovery 411
Location: Yolo
Judge: Department 9
Hearing Date: 2021.09.09
Excerpt: ...roducts, Inc. (2008) 165 Cal.App.4th 1568, 1586–1587.) The Court finds that defendant did not act with diligence in obtaining a hearing to compel plaintiff's compliance. (Code Civ. Proc., § 2024.050, subd. (b)(2).) Specifically, plaintiff produced the subject spreadsheet, CTGA‐0002507, on August 17, 2020 and the corresponding privilege log on October 19, 2020. (Campbell decl., ¶¶ 8, 10.) Defendant waited until July 9, 2021 to request an un...
2021.09.03 Motion to Deem RFAs Admitted, for Terminating Sanctions or OSC Re Contempt 477
Location: Yolo
Judge: Department 9
Hearing Date: 2021.09.03
Excerpt: ...re due on or before June 11, 2021. (Schoech Decl., ¶ 6.) Plaintiffs' request for monetary sanctions is GRANTED, in the amount of $900.00 against defendant. (Code Civ. Proc., §§ 2023.010, 2023.020, 2033.280, subd. (c); Schoech Decl., ¶ 9.) Defendant shall pay these sanctions by October 3, 2021. Motion for terminating sanctions or an order to show cause re contempt against defendant: Plaintiffs' request for judicial notice is GRANTED. (Evid. Co...
2021.09.03 Motion for Contempt 033
Location: Yolo
Judge: Department 9
Hearing Date: 2021.09.03
Excerpt: ...Proc., § 1211; Koehler v. Superior Court (2010) 181 Cal.App.4th 1153, 1169 [stating that “indirect contempt requires there be an initiating affidavit, and without one any contempt order is void.”].) Contempt requires “(1) a valid order, (2) knowledge of the order, (3) ability to comply with the order, and (4) willful failure to comply with the order.” (In re Ivey (2000) 85 Cal.App.4th 793, 798; see also Lyon v. Superior Court of Los Ange...
2021.08.27 Motion for Summary Adjudication 522
Location: Yolo
Judge: Department 9
Hearing Date: 2021.08.27
Excerpt: ...tions to plaintiff's evidence as the evidence objected to is not germane to the disposition of defendant's motion for summary adjudication. (Code Civ. Proc., § 437c, subd. (q).) Defendant's motion for summary adjudication as to the first cause of action (breach of contract) is GRANTED. (Code Civ. Proc., § 437c, subd. (p)(2).) Defendant has shown that there was not “an actual withholding of benefits due” and therefore, there can be no breach...
2021.08.24 Motion to Tax Costs 366
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.08.24
Excerpt: ...f has demonstrated that $86,152.50 of the sought attorneys' fees are attributable to time spent proving the identified RFAs. (See Code Civ. Proc., § 2033.420, subd. (a); Garcia v. Hyster Co. (1994) 28 Cal.App.4th 724, 763‐737; Vlasak supp. decl., ¶¶ 5‐8, Exhibit F.) Plaintiff is not entitled to recover for time spent drafting the instant motion because section 2033.420(a) limits the award of expenses to “reasonable expenses incurred in...
2021.08.18 Motion to Stay Action Pending Arbitration 228
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.08.18
Excerpt: ...oyee arising out of their contractual relationship.” (Jarboe, supra, 53 Cal.App.5th at p. 556, citation and internal quotation marks omitted.) “Instead, it is a dispute between an employer and the state, which alleges directly or through its agents—either the Labor and Workforce Development Agency or aggrieved employees—that the employer has violated the Labor Code.” (Id. at p. 556, citation, brackets, and internal quotation marks omitt...
2021.08.18 Motion to Compel Enforcement of Discovery Orders, for Evidentiary, Issue, Terminating, and Monetary Sanctions 984
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.08.18
Excerpt: ...d noncompliance with the Court's prior orders to provide responses to plaintiff's discovery requests and pay monetary sanctions warrants terminating sanctions. (Department of Fair Employment & Housing v. Ottovich (2014) 227 Cal.App.4th 706, 712 – 713.) Defendant's answer is stricken and a judgment by default against defendant shall be entered. (Code Civ. Proc., § 2023.030, subd. (d)(1), (4).) Plaintiff's request for monetary sanctions is GRANT...
2021.08.17 Motion to Compel Further Responses 747
Location: Yolo
Judge: Department 9
Hearing Date: 2021.08.17
Excerpt: ...ndoza Decl., ¶ 4, Ex. A.) Defendant/cross‐complainant's motion to compel defendant Anytime Fitness, LLC's further responses to special interrogatories, set two, is DENIED AS MOOT. (Code Civ. Proc., § 2030.300.) Defendant Anytime served second supplemental responses to special interrogatories, set two, numbers 34 – 40, on July 15, 2021. (Mendoza Decl., ¶ 4, Ex. A.) The Court declines to rule upon the adequacy of defendant Franchise's or def...
2021.07.29 Motion to Tax Costs 941
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.07.29
Excerpt: ...ts for the PMK deposition ($1,140.39) is DENIED. The Court finds that these are allowable costs, defendant has demonstrated that these costs were incurred and necessary to the conduct of the litigation, and plaintiff has failed to demonstrate anything to the contrary. (Code Civ. Proc., § 1033.5, subds. (a)(3), (c)(3) & (4).) 3. The motion to tax costs for duplicative deposition transcript and for the room cancellation charge ($3,614.75) is GRANT...
2021.07.28 Demurrer 662
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.07.28
Excerpt: ...aint are duplicative, and are actually a single cause of action sounding in negligence. (Code Civ. Proc., § 128, subd. (a); Schimmel v. Levin (2012) 195 Cal.App.4th 81, 87 [“Every court has the inherent power, in furtherance of justice, to regulate the proceedings of a trial before it; to effect an orderly disposition of the issues presented; and to control the conduct of all persons in any manner connected therewith. [Citations.] The exercise...
2021.07.27 Motion for Attorney Fees 248
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.07.27
Excerpt: ... and Ms. Nugent ($300.00) reasonable. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Jackson v. Yarbray (2009) 179 Cal.App.4th 75, 93; Heritage Pacific Financial, LLC v. Monroy (2013) 215 Cal.App.4th 972, 1009 [“The court may rely on its own knowledge and familiarity with the legal market in setting a reasonable hourly rate.”]; Sommer decl., ¶¶ 12‐15.) Defendants' requested hours and costs spent on the special motion to strike and t...
2021.07.22 Motion to Stay Action, for Sanctions 726
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.07.22
Excerpt: ... first amended complaint (“FAC”), the Court finds that Civil Code section 895 et seq. (commonly known as the Right to Repair Act) is inapplicable to the instant action. (Acqua Vista Homeowners Assn. v. MWI, Inc. (2017) 7 Cal.App.5th 1129, 1134, 1141 ‐ 1142; see also McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241, 246 – 247; FAC, ¶¶ 4, 11‐14, 22, 32.) Specifically, plaintiff has not sued the builder of her home, and plainti...

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