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58 Results

Location: Yolo x
2020.03.12 Motion for Attorney's Fees 559
Location: Yolo
Judge: Department 9
Hearing Date: 2020.03.12
Excerpt: ...paragraph 38 are SUSTAINED for lack of personal knowledge and hearsay. (Evid. Code, §§ 702, 1200.) FCA US LLC's objections to the Declaration of Steve Mikhov, paragraphs 8 and 27‐37 are OVERRULED. FCA US LLC's evidentiary objections to the Declaration of Sepehr Dghighianin, paragraphs 4‐6 are OVERRULED. FCA US LLC's evidentiary objections to the Declaration of Sepehr Dghighianin, paragraph 8 is SUSTAINED. (Evid. Code, §§ 400 et seq, 702, ...
2020.02.27 Motion to Quash Subpoena Duces Tecum 997
Location: Yolo
Judge: Department 9
Hearing Date: 2020.02.27
Excerpt: ...orious and cause for its denial…”].) Plaintiff is also reminded that a proper proof of service of the moving papers must be filed no later than five court days before the hearing. (Code Civ. Proc., § 1013a, subd. (1); Cal. Rules of Court, rule 3.1300(c).) Defendant The Regents of the University of California's requests for judicial notice are GRANTED. (Evid. Code, § 452, subd. (d).) Plaintiff's motion to quash subpoena duces tecum as to U.C...
2020.02.20 Motion for Summary Judgment, Adjudication 500
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2020.02.20
Excerpt: ... C. Alberson, Ph.D. is OVERRULED. Union Pacific and Brian Kline's evidentiary objections to Paxin's and defendant‐ crosscomplainant Granite Construction Company LLC's (“Granite”) evidence numbers 1 and 2 are SUSTAINED. (Evid. Code, § 1200.) Granite's objections 1‐9 to Union Pacific and Brian Kline's evidence are OVERRULED. Granite's motion for summary judgment or alternatively summary adjudication is DENIED. (Code Civ. Proc., § 437c, su...
2020.02.19 Demurrer 714
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2020.02.19
Excerpt: ...p. (2015) 240 Cal.App.4th 22, 27, fn. 2 [taking judicial notice of the U.S. Department of Health & Human Services' report].) Therefore, respondent fails to cite adequate legal authority permitting judicial notice of such a document. Petitioner Richard Lauckhart's request for judicial notice is GRANTED. (Evid. Code, §§ 452, 453.) Respondent County of Yolo's demurrer to petitioner Richard Lauckhart's verified petition for writ of mandate is OVERR...
2020.02.18 Demurrer, Motion to Consolidate 053
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2020.02.18
Excerpt: ... § 452; Code Civ. Proc., § 430.30, subd. (a).) Defendant Clark Pacific Corporation's demurrer or alternatively, motion to consolidate is OVERRULED as to the demurrer and GRANTED as to the motion to consolidate. (Code Civ. Proc., §§ 430.10, subd. (e), 1048.) The lead case will be CV CV 19‐644. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are j...
2020.02.13 Motion for Summary Adjudication 747
Location: Yolo
Judge: Department 9
Hearing Date: 2020.02.13
Excerpt: ...irst cause of action for fraud is DENIED. (Code Civ. Proc., § 437c, subd. (f)(1).) There is a triable issue of material fact as to whether defendant knew and failed to disclose or intentionally misrepresented that the anchor tenant would not be able to perform under the lease agreement prior to the close of escrow. (Biakanja v. Irving (1958) 49 Cal.2d 647; Lingsch v. Savage (1963) 213 Cal. App. 2d 729, 735‐738; UMF nos. 1, 4,‐7, 9‐10, 14...
2020.02.06 Motion to Compel Further Responses 820
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2020.02.06
Excerpt: ...030.290, subd. (a).) However, defendant Sutter Health's objection that “a privilege log is unnecessary with regard to answering interrogatories seeking the identification of documents” is OVERRULED. (Best Products, Inc. v. Superior Court (2004) 119 Cal.App.4th 1181, 1191.) Best Products, Inc. v. Superior Court held that the existence of a document containing privileged information is not privileged, and interrogatories may be used to discover...
2020.02.05 Special Motion to Strike 787
Location: Yolo
Judge: Department 9
Hearing Date: 2020.02.05
Excerpt: ...ts of litigation are “merely incidental” to the cross‐complaint's causes of action. (Baral v. Schnitt (2016) 1 Cal.5th 376, 394.) Further, cross‐defendant does not establish that the seventh and eighth causes of action arise from the constitutional right of free speech in connection with an issue of public interest. (Code Civ. Proc., § 425.16, subd. (e)(4); Nygard, Inc. v. Uusi‐Kerttula (2008) 159 Cal.App.4th 1027, 1042.) As this first...
2020.02.04 Motion for Judgment on the Pleadings 804
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2020.02.04
Excerpt: ...r, her dog, and her home. (Cross‐complaint, ¶¶ 15, 21, 27, 28, 36, 37, 43, 44, 55.) The cross‐complaint does not allege that cross‐ complainant should be reimbursed or held harmless based on cross‐defendant Pacific Bell Telephone Company's alleged actions. (Lab. Code, § 3864.) Further, the Court denies crossdefendants' request to issue an order severing the cross‐complaint. (Code Civ. Proc., § 1048, subd. (b).) Cross‐ defendants h...
2020.01.30 Motion for Summary Adjudication 913
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2020.01.30
Excerpt: ...s the facts are not relevant to the motion. (Code Civ. Proc., § 437c, subd. (q).) Defendant The Regents of the University of California's objection to plaintiff Amy Ahl Wright's undisputed material fact number one is SUSTAINED. The Court declines to rule on the remainder of the objections as the facts are not relevant to the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff Amy Ahl Wright's motion for summary adjudication of the first cau...
2020.01.29 Motion to Compel Arbitration, for Stay 459
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2020.01.29
Excerpt: ...alifornia Surety Investigations, Inc. (2013) 215 Cal.App.4th 695, 704.) Further, plaintiff has failed to demonstrate that the arbitration agreement is substantively unconscionable, given defendant's agreement to be responsible for payment of all arbitration costs and fees. (Ng decl., ¶ 2; Carboni 2 of 2 v. Arrospide (1991) 2 Cal.App.4th 76, 83; Wherry v. Award, Inc. (2011) 192 Cal.App.4th 1242, 1248.) The notice of motion does not provide notice...
2020.01.13 Motion for Summary Judgment 355
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2020.01.13
Excerpt: ...er, there is a triable issue of fact as to whether the Occupancy Agreement permits the member's immediate family members to occupy the unit, in lieu of the member. (UMF 3; Ms. Brewer's RJN, First Amended Complaint, Exhibit B, §§ 4.1, 5.1.) 2 of 2 Plaintiff Dos Pinos Housing Cooperative, Inc.'s request for judicial notice (“Dos Pinos's RJN”) is GRANTED. (Evid. Code, §§ 452, 453.) Defendant Charles Brewer's motion to set aside default is DE...
2019.9.4 Demurrer 494
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.9.4
Excerpt: ...t of the discovery rule must specifically plead facts to show (1) the time and manner of discovery; and (2) the inability to have made earlier discovery despite reasonable diligence.” (McKelvey v. Boeing North Am., Inc. (1999) 74 Cal.App.4th 151, superseded by statute on another point.) In assessing the sufficiency of the allegations of delayed discovery, the court places the burden on the plaintiff to “show diligence”; “conclusory allega...
2019.8.13 Motion to Tax Costs 151
Location: Yolo
Judge: Department 12
Hearing Date: 2019.8.13
Excerpt: ...st, and defendant has not shown that such costs are reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., § 1033.5, subd. (c)(4); Nelson v. Anderson (1999) 72 Cal.App.4th 111, 132.) 2. The motion to tax deposition costs is DENIED. This is an allowable cost, and plaintiff fails to demonstrate that the costs incurred were not reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., § 1033.5, subd. (a)(3)...
2019.8.7 Demurrer 780
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.8.7
Excerpt: ... There are issues of fact as to whether the alleged acts engaged in by defendants are personnel actions. (FAC, ¶¶ 21, 22, 31, 36, 38, & 41; Sheppard v. Freeman (1998) 67 Cal.App.4th 339, 346.) Defendants' demurrer to the sixth cause of action for intentional infliction of emotional distress is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) Defendants fail to demonstrate that the conduct alleged is not extreme and outrageous as a matter of ...
2019.7.23 Motion to Compel Arbitration, to Stay Action, for Protective Order 523
Location: Yolo
Judge: Department 12
Hearing Date: 2019.7.23
Excerpt: ...en the Court's order granting the motion to compel arbitration and stay the action. (Code Civ. Proc., § 1281.4.) Plaintiff Ron Prasad cites no legal authority supporting a right to conduct discovery after arbitration has been compelled and the action has been stayed. (Titan/Value Equities Group, Inc. v. Sup. Ct. (1994) 29 Cal.App.4th 482.) Proceedings on defendant J.W. Logistics, LLC's demurrer to plaintiff's complaint are STAYED pending complet...
2019.7.11 Demurrer 494
Location: Yolo
Judge: Department 12
Hearing Date: 2019.7.11
Excerpt: ... first amended complaint is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) In order to rely on the discovery rule for delayed accrual of a cause of action, “[a] plaintiff whose complaint shows on its face that his claim would be barred without the benefit of the discovery rule must specifically plead facts to show (1) the time and manner of discovery; and (2) the inability to have made earlier discovery despite reasonab...
2019.6.27 Motion to Compel Further Responses 820
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.6.27
Excerpt: ...dant were reasonable and in good faith. (Code Civ. Proc., § 2016.040.) Plaintiff Brian Scaccia's motion to compel further responses to requests for production, set one, from defendant Daniel Kennedy, M.D. is DENIED AS MOOT. Defendant states that amended 5 of 5 responses have been served. (Code Civ. Proc., § 2030.290, subd. (a).) Monetary sanctions are DENIED. (Code Civ. Proc., § 2030.290, subd. (d).) Defendant told plaintiff that amended respo...
2019.6.27 Motion for Summary Judgment, Adjudication 769
Location: Yolo
Judge: Department 12
Hearing Date: 2019.6.27
Excerpt: ... nos. 1, 6‐13, 18‐21, 23, 24, 26, 29‐31, 34, 37, 41 & 42 to the declaration of Alma Ponce are SUSTAINED. The remainder of the objections are OVERRULED. The Court does not consider any evidentiary objections made within plaintiffs' response to defendant's separate statement, as they do not comply with California Rule of Court 3.1354. The Court also disregards any disputes to defendant's separate statement which do not cite the evidence relie...
2019.6.25 Demurrer 636
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.6.25
Excerpt: ...m and has thereby admitted they are conforming. As they are conforming, no breach has been established. (Complaint, Exh. A, p. 2 (Buyer's Right to Inspection).) Defendant's demurrer to the second cause of action for breach of express warranty is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) While the contract disclaims express warranties, there is a factual issue as to whether other language in the contract creates an express warranty. (Kei...
2019.5.14 Demurrer 527
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.5.14
Excerpt: .... and Monticello Farming, LLC's (“plaintiffs”) demurrer to the cross complaint filed by defendants and cross‐ complainants Applied Underwiters, Inc., California Insurance Company and Applied Underwriters Captive Risk Assurance Company, Inc. is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiffs fail to persuade the Court that, based on the cited legal authority, the Court should find the entirety of the RPA illegal and unenforcea...
2019.5.7 Demurrer 021
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.5.7
Excerpt: ...n Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 316.) Defendant's request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (d).) Defendant's motion to compel the joinder of third party Amy Edwards is DENIED. (Code Civ. Proc., § 389, subd. (a).) Defendant fails to show in Ms. Edwards's absence, complete relief cannot be accorded among those already parties, or that she claims an interest relating to the s...
2019.4.25 Motion for Terminating Sanctions and Monetary Sanctions 461
Location: Yolo
Judge: Department 12
Hearing Date: 2019.4.25
Excerpt: ...ablished if answers are not received by a specified date, often accompanied with costs and fees to the moving party. It is only when a party persists in disobeying the court's orders that the ultimate (“doomsday”) sanctions of dismissing the action or entering default judgment, etc. are justified. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796; Lopez v. Watchtower Bible & Tract Soc. of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) Defend...
2019.4.17 Motion to Quash or Modify Deposition 89
Location: Yolo
Judge: Department 12
Hearing Date: 2019.4.17
Excerpt: ...ity to support the requirement that discovery responses must include evidentiary facts. (See Cal. Rules of Court, rule 3.1345.) Plaintiff's objections to the reply declarations in support of defendants' motion to quash are SUSTAINED, and the declarations attached to defendants' reply are STRICKEN. Defendants may not include new evidence not included in plaintiff's original moving papers in a reply. (Code Civ. Proc., § 1005, subd. (b).) Defendant...
2019.4.16 Motion to Compel Further Responses 935
Location: Yolo
Judge: Department 12
Hearing Date: 2019.4.16
Excerpt: ... (a).) On a motion to compel, the burden is on the objecting party to sustain the objection by detailed evidence showing precisely how much work is required to answer; conclusionary statements are not sufficient. (West Pico Furniture Co. of Los Angeles v. Sup. Ct. (1961) 56 Cal.2d 407 [declaration by manager that search of 78 branch offices would be required was insufficient; should show hours required].) Because defendants do not supply supporti...

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