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37 Results

Location: Yolo x
2019.10.24 Motion for Summary Adjudication 626
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.10.24
Excerpt: ...responsive separate statement, and admitted in his response to Request for Admissions to all the elements of this cause of action for Breach of Line of Credit Agreement, the Court cannot find any dispute of material fact. (Code Civ. Proc., § 437c, subd. (f)(1); Oldcastle Precast, Inc. v. Lumbermans Mut. Cas. Co. (2009) 170 Cal.App.4th 554, 568; Dec. of Tiberi ¶¶ 4 & 5, Exhibits 4 and 5.) The notice of motion does not provide notice of this Cou...
2019.10.10 Motion for Summary Judgment 618
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.10.10
Excerpt: ...ion. (Code Civ. Proc., § 437c, subd. (q).) Defendant's motion for summary judgment is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) There is a triable issue of material fact as to whether defendant failed to inspect the premises within a reasonable period of time. (UMF 5, 8; Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1203 & 1207 [“Whether a dangerous condition has existed long enough for a reasonably prudent person to have discovered it...
2019.10.8 Motion for Summary Judgment 879
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.10.8
Excerpt: ...es not consider defendant Gavin Mehl's motion in limine. Defendant's motion was not served and filed at least 16 court days before the hearing as required. (Code Civ. Proc., § 1005, subd. (b).) To the extent defendant's motion in limine seeks to exclude evidence from plaintiff's motion for summary judgment, defendant has not complied with the required format for written objections to evidence offered in support of a motion for summary judgment. ...
2019.10.8 Petition for Writ of Mandate 433
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.10.8
Excerpt: ...1085; Pub. Resources Code, § 21166; 14 Cal. Code Regs., § 15162, subd. (a).) The Court finds as follows: 1. The project provides the amount of affordable housing as required by the City's affordable housing ordinance. (Ordinance Nos. 2523, 2525; Resolution No. 18‐023.) Even if Ordinance No. 2525 was effective after the affordable housing plan was approved, petitioner has not shown that the City's action was “arbitrary, capricious or entirel...
2019.10.3 Motion for Terminating Sanctions 820
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.10.3
Excerpt: ...anctions have been paid to plaintiff. The Court GRANTS plaintiff's request for an additional $50.00 in monetary sanctions against defendant John Scaccia. (Scaccia Decl., ¶ 5; Code Civ. Proc., § 2023.030, subds. (a) & (d)(1).) If defendant fails to pay all monetary sanctions owed by November 4, 2019, the Court will entertain a motion for a terminating sanction against this defendant. Plaintiff's motion to compel further responses from defendant ...
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 Demurrer 021
Location: Yolo
Judge: Department 12
Hearing Date: 2019.4.16
Excerpt: ...(San 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 th...
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...
2019.3.25 Motion for Summary Judgment, Adjudication 916
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.3.25
Excerpt: ...ainder of the objections are OVERRULED. The Eskaton defendants' motion for summary judgment is DENIED. (Code Civ. Proc., § 437c, subd. (a)(1).) There are triable issues of material fact as to whether the parking block was an unsafe condition and whether the condition was obviously unsafe. (CACI 1000, 1003, 1004; Osborn v. Mission Ready Mix (1990) 224 Cal.App.3d 104, 121; Plaintiff's Separate Statement of Undisputed Facts 4, 5, 8, 9, 13, 15, 17, ...
2019.3.22 Petition for Writ of Mandate 639
Location: Yolo
Judge: Department 12
Hearing Date: 2019.3.22
Excerpt: ...tice is DENIED. (Evid. Code, § 452.) The subject documents are extra‐record documents. Petitioner did not give all parties notice of her intention to cite or rely upon any extra‐record documents. (Stipulation and Order, October 22, 2018, ¶ 6.) Petitioner's first amended verified petition for writ of mandate is DENIED. (Pub. Resources Code, §§ 21168, 21168.5.) The Court finds as follows: A. The Project is not exempt from the California Env...
2019.3.21 Motion to Enforce Stay of Proceedings 500
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.3.21
Excerpt: ...cation was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. An affidavit has not been submitted. Furthermore, defendant has not provided a sufficient explanation for not citing the statute in its original motion. (California Correctional Peace Officers Assn. v. Virga (2010) 181 Cal.App.4th 30, 45‐48; Baldwin v. Home Savings of America (1997) 5...
2019.3.7 Motion to Compel Compliance 021
Location: Yolo
Judge: Department 12
Hearing Date: 2019.3.7
Excerpt: ... court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”) Plaintiff states in his “non‐opposition” that “[t]here is correspondence not before this Court stating that Plaintiff was and is cooperating with...
2019.2.21 Motion for Summary Adjudication 909
Location: Yolo
Judge: Department 12
Hearing Date: 2019.2.21
Excerpt: ...de “only material facts and not any facts that are not pertinent to the disposition of the motion.” (Cal. Rules of Court, rule 3.1350(d)(2), emphasis added.) If a triable issue is raised as to any of the facts in a separate statement, the motion must be denied. (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) Plaintiff has shown that a triable issue of one or more material facts exists as to this cause of action. (UMF 7, 8, &...
2019.1.28 Motion for Attorneys' Fees 456
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.1.28
Excerpt: ...h sufficient evidence regarding each disputed entry in order for the Court to determine the merit of the objections. (Maemorris Sales Corp. v. Kozak (1967) 249 Cal.App.2d 998, 1003‐04.) Petitioner City of Davis's motion for attorneys' fees and costs is GRANTED IN PART. (Health & Saf. Code, § 17980.7(c)(11) & (d)(11).) The Court awards $77,570.20 in attorneys' fees, which reflects a reduction by 20% for excessive time related to the preparation...

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