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

543 Results

Location: Yolo x
2023.06.06 Motion for Judgment on the Pleadings 492
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.06.06
Excerpt: ...eged facts to state this cause of action. (Davis v. (1943) 61 Cal.App.2d 788, 794; citing Burkett v. Griffith (1891) 90 Cal. 532, 541; Am. Compl„ 11 — 13, 49— 53; Exhibits. E— G.) The motion as to plaintiff's sixth cause of action for intentional interference with contractual relationship is GRANTED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., S 438, subd. see Blank v. Kirwan (1985) 39 cal.3d 311, 318.) The court finds that defendant Scott T...
2023.06.01 Motion to Deem Vexatious Litigants 031
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.06.01
Excerpt: ...or committing fraud and forgery in court waiver fee by lying under penalty or [sic.] perjury under oath in court as follows: Defendant/respondent's motion to deem plaintiffs/pebtoners to be vexatious litigants is DENIED. (Code Civ. Proc., S 391.) The Court finds that defendant/respondent has failed to establish the requisite elements for this Court to deem plaintiff/petitoners to be vexatious litigants. (Ibid.; Morton v. Wagner (2007) 156 cal.App...
2023.05.31 Motion to Compel Arbitration 334
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.05.31
Excerpt: ...N PART. (9 U.S.C. S 1, et seq.; Code Civ. Proc., S 1281.2.) The Court finds that plaintiff Martinez Narez's individual PAGA claims are subject to the executed arbitration agreement(s) within plaintiff's employment file. (Stenson Decl., '1 8, Exhibits 1 — 6; Op., p. 2, II. 3—4.) However, the Court finds that the California Supreme Court, in the case of Adolph v. Uber Technologies, Inc. (Case No. S274671), is presently reviewing the issue of wh...
2023.05.30 Motion for Summary Judgment, Adjudication 144
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.05.30
Excerpt: ... have established that there are a triable issues of material fact as to duty, breach of duty and causation. (Civ. Code, S 1714; Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917; T.H. v. Novartis Pharmaceuticals corp. (2017) 4 cal.5th 145, 163; Knight v. Jewett (1992) 3 cal.4th 296, 315; Cabral v. Ralphs Grocery co. (2011) 51 Cal.4th 764, 771 ["in the absence of a statutory provision establishing an exception to the general rule of Civil Co...
2023.05.25 Motion to Tax Costs 596
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.05.25
Excerpt: ...is Court exercises its discretion to allow the costs of travel to the hearing on December 15, 2022. (Code Civ. Proc., S 1033.5, subd. (c)(4).) A prevailing party is entitled "as a matter of right" to recover costs in any acton or proceeding unless a statute expressly provides otherwise. (Segal v. ASICS America Corp. (2022) 12 Cal.5th 651, 658, quotation marks in original; Code Civ. Proc., S 1032, subd. (b).) Section 1033.5 sets forth the types of...
2023.05.24 Motion to Strike, Demurrer 791
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.05.24
Excerpt: ...App.4th 742, 749, citing McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 280.) The Court rules upon defendant Larry French's demurrer to [and motion to strike] plaintiff's complaint as follows: Defendant's demurrer to plaintiff's complaint based upon the statute of limitations set forth in Code of Civil Procedure section 366.2(a) and lack of standing as a result thereof is DENIED. (Code Civ. Proc., S 430.10, subd. The Court finds tha...
2023.05.24 Motion to Consolidate Matters 056
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.05.24
Excerpt: ...on Inc. dba KDC Construction and defendant McCandless & Associates Inc. have each filed a joinder in defendants Valley Star Partners, LLC, Mitch Engstrom, and Mark Engstrom's motion to require vexatious litigant plaintiff to furnish security. Plaintiff Howard Herships acknowledges in his opposition that Cirks and McCandless have joined in the moton. (See plaintiff's opposition, p. 2.) Plaintiff does not dispute that Cirks and McCandless can join ...
2023.05.24 Demurrer 280
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.05.24
Excerpt: ...nfer process was insufficient shall not be grounds to overrule or sustain a demurrer." l.) Respondent's demurrer to the second, sixth and seventh causes of action on the ground that Randall Wilson is an indispensable party is OVERRULED. (Code Civ. Proc., SS 389, 430.10, subd. (d).) The Court finds that while petitioner Bradford G. Crandall. Sr.'s petition does contain allegations that Mr. Wilson may be a joint tortfeasor, respondent has failed to...
2023.05.18 Motion for Summary Adjudication 163
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.05.18
Excerpt: ...f negating an element of this cause of action — that plaintiff Eseosa D. Osunde was performing competently in the position he held. (Code Civ. 2 of 3 Proc„ S 437c, subd. (p)(2); Gov't. Code, S 12940, subd. (a); Moore v. Regents of Univ. of Cal. (2016) 248 Cal.App.4th 216, 235; Guz v. Bechtel Nat'l Inc. (2Cm) 24 cal.4th 317, 355; UMFs 29—43, 51 53, 55, 58, 60-62, 54, 65.) The court further finds that plaintiff has failed to identify admissib...
2023.05.17 Motion to Dismiss for Lack of Subject Matter Jurisdiction 705
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.05.17
Excerpt: ...the remainder of the proffered documents [Attachments 2, 3, 5 and 6] as they are not relevant to the Court's determination of the instant motion. (Evid. Code, SS 452, 453; People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6; see Malek Media Group LLC v. AXQG corp. (2020) 58 cal.App.5th 817, 825; People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422.) Accordingly, defendants Robert Chavez, Sky Webb, and Michael Williams' objection...
2023.05.15 Motion to Compel Further Responses 209
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2023.05.15
Excerpt: ...ivil Procedure sections 1010.6 or 1013 and 1170.8. (Cal. Rules of Court, rule 3.1347(a).) This Court notes, however, that plaintiff filed a substantive, written response on May 11, 2023, that does not assert deficient notice. Regarding the opposition: If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be served and filed on or before the court day before the hearing. (Cal. Rules of Cour...
2023.05.11 Motion to Compel Further Responses 779
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.05.11
Excerpt: ...ber 19 is DENIED. (Code Civ. Proc., S 2031.310.) The Court finds that the terms "employment practices", "policies", "procedures" and "discussed" are vague ambiguous and overbroad and does not specifically describe each individual item sought or by reasonably particularizing each category of item sought. (Code Civ. Proc., S 2031.030, subd. (c)(2); Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 222; see Dauis Decl. [filed ...
2023.05.09 Motion for Attorney Fees 247
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.05.09
Excerpt: ...ds that defendants/cross-complainants may not recover fees incurred as to the first cause of achon in plaintiff West Sacramento Hospitality, 3 of 3 LLC's complaint for breach of contract, which was voluntarily dismissed on December 1, 2022. (Civil Code, S 1717, subd. RJN, Exhibits A, B; Folsom Decl., Exhibit D, '1 24.) The Court also finds that while defendants/cross-complainants are the prevailing party on the second and third causes of action [...
2023.05.05 Petition for Writ of Mandate 277
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.05.05
Excerpt: ...." l.) Petitioners challenge respondents County of Yolo and Yolo County Board of Supervisors' (collectively, "the County") January 11, 2022 certification of the Environment Impact Report ("EIR") for the Teichert Shiner Mining and Reclamation Project ("Project") and approval of the Project. Petitioners assert that the EIR relied upon for approval of the Project fails to satisfy the requirements of California Environmental Quality Act ("CECA"). (Pu...
2023.05.04 Motion for Return of Attorney Fees 998
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.05.04
Excerpt: ...vil Procedure secton 664.6. (Settlement agreement, '1 17.) Plaintiff and defendants have both invited this Court to enter final judgment in this matter. (Plaintiff's motion, p.6; defendants' opposition, p. 5.) The paramount rule governing the interpretation of contracts is to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as it is ascertainable and lawful [citation]. (City of Chino v. Jackson (...
2023.05.03 Motion to Reconsider or Correct Ruling 297
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.05.03
Excerpt: ...) 174 Cal.App.4th 1453, 1458 [facts of which a party seeking reconsideration was aware of at the time of the original ruling are not "new or different facts," as would support a trial court's grant of reconsideration]; see also Lucas v. Santa Maria Public Airport Dist. (1995) 39 Cal.App.4th 1017, 1028.) The Court also finds that plaintiff failed to file an affidavit in support of this motion, as required. (Code Civ. Proc., S 1008, subds. (a), (b)...
2023.04.21 Demurrer 246
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.04.21
Excerpt: ...rer is SUSTAINED IN PART, as noted. (Code Civ. Proc., S 430.10.) 1. Defendants' joint demurrer on the ground that plaintiff lacks capacity to sue is OVERRULED AS MOOT. (Code Civ. Proc„ S 430.10, subd. (b), 377.32; Ruff decl., 1-6, Ex. A.) 2. Defendants' joint demurrer on the ground that Ruff II is a duplicative action is SUSTAINED IN PART WITHOUT LEAVE TO AMEND, as noted. (Code CIV. Proc., S 430.10, subd. Defendants' joint demurrer to plaintiff...
2023.04.14 Motion for Summary Judgment 935
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.04.14
Excerpt: ... Jamie Wagner's objections to the declaration of Daniel Johnson are SUSTAINED. (Hayman v. Block (1985) 176 Cal.App.3d 629, 638—639; Evid. code, SS 210, 403, 350, 352, 702(a), 800.) All other requests are DENIED and all other objections are OVERRULED. Defendant Jamie Wagner's motion for summary judgment is GRANTED. (Code Civ. Proc., S 437c, subd. Plaintiff asserts two causes of action against Wagner, both dependent on Wagner being the owner of t...
2023.04.13 Motion to Compel Deposition of Expert Witness 720
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2023.04.13
Excerpt: ... set for October 3, 2022. (See Stipulation and Order Continuing Trial, filed September 7, 2022.) The last day to have any discovery motion heard was September 19, 2022. (Code Civ. Proc„ SS 2016.060, 2024.020, subd. (a); see Pelton-Shepherd Industries, 2 of 3 Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th , supra, at p. 1572.) Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate ...
2023.04.11 Motion to Compel Further Responses 163
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.04.11
Excerpt: ...fornia Rules of Court, rule 3.1345(d). (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892.) The Court further finds that defendant has failed to include any legal argument in fts supporting memorandum of points and authorities regarding plaintiff Eseosa Osunde's provision of verifications to his responses to defendant's request for admission and special interrogatories; thus, fails to comply with California Rules of Court, rule 3.113(b). Finally...
2023.04.05 Motion to Compel Arbitration 477
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.04.05
Excerpt: ...fs are estopped from repudiating defendant's enforcement of the express arbitration provision found in the Retail Installment Sale Contract — Simple Finance Charge (With Arbitration Provision) ("Sales Contract") between plaintiff Thomas McGregor ("Mr. McGregor") and Hoblit Chrysler Jeep Dodge Inc. (erroneously sued as and Hoblit Chrysler Jeep Dodge Ram) ("Hoblit"). (Felisilda, supra, 53 Cal.App.5th 486, 495— 499; Sandhu Decl., '1 2, Exhibit A...
2023.03.30 Motion to Quash or for Protective Order 622
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.03.30
Excerpt: ...lic Health ("CDPH") is GRANTED. (Code Civ. Proc., S 1987.1.) The Court finds that CDPH has no authority to disclose any of the requested documents to plaintiffs, and that plaintiffs must request the documents in the possession of CDPH through the Freedom of Information Act. (45 C.F.R. S 2.1, et seq., 45 C.F.R. S 5.1, et seq.; see In re Complex Blood Bank Litigation (1991) 812 F.Supp. 160, 151 [documents may only be produced in private litigation ...
2023.03.28 Motion to Compel Responses 163
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.03.28
Excerpt: ...fornia Rules of court, rule 3.1345(d). (Mills v. U.S. Bank (2008) 166 cal.App.4th 871, 892.) The court further finds that defendant has failed to include any legal argument in its supporting memorandum of points and authorities regarding plaintiff Eseosa Osunde's provision of verifications to his responses to defendant's request for admission and special interrogatories; thus, falls to comply with California Rules of Court, rule 3.113(b). Finally...
2023.03.21 Motion for Preliminary Approval of Class Action Settlement 076
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.03.21
Excerpt: ...ioned Ricardo Alexander Ocampo, individually, and on behalf of all others similarly situated v. NorCal Beverage co., Inc., case No. 30-2021-01226173-CU-OE-CXC. is GRANTED. (Evid. code, S 452, subd. (d); RJN, Ex. A.) Defendant's request for judicial notce of plaintiff Ricardo Alexander Ocampo's first amended complaint is GRANTED. (Evid. Code, S 452, subd. (d); RJN, Ex. A.) Defendant's motion to stay is GRANTED. The Orange County Superior Court exe...
2023.03.21 Motion for Partial Consolidation 479
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.03.21
Excerpt: ...eminent domain action is DENIED as not relevant to a material issue before the Court. (People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422.) Plaintiff Sierra Northern Railway's moton for partial consolidation and phased trial is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE. (Code Civ. Proc., S 1048; Cal. Rules of Court, rule 3.350.) This Court grants the moton to consolidate cases CV2022-0479 and CV-2022-1546 based upo...

543 Results

Per page

Pages