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Location: Yolo x
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...
2023.03.16 Demurrer 100
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.03.16
Excerpt: ...' demurrer on the ground that cross-complainant Sherwood Harbor Marina, LLC lacks capacity to sue is OVERRULED. A special demurrer to cross-complaint may be filed on the ground that the person who filed the pleading does not have the legal capacity to sue. (Code Civ. Proc„ S 430.10, subd. (b).) But capacity to sue is not a required element of any of the cross-complainant's causes of action and thus, the purported lack of capacity to sue is not ...
2023.03.14 Motion for Summary Judgment, Adjudication 163
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.03.14
Excerpt: ... of defendant's motion. (Code Civ. Proc., S 437c, subd. (q).) The Court rules upon defendant's motion for summary adjudication as follows: The Court GRANTS defendant's moton as to the first cause of action in the second amended complaint ("SAC") for disparate treatment. (Code Civ. Proc., S 437c, subd. (f)(l).) The Court finds that defendant has met its initial burden of negating an element of this cause of action — that plaintiff was performing...
2023.03.13 Motion to Set Aside Default, Judgment 705
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.03.13
Excerpt: ...l 2 court days required for electronic servicel.) This motion needed to be filed on or before February 16, 2023, but was not filed until February 24, 2023. This motion needed to be served on or before February 14, 2023, but was not served until February 24, 2023. If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notce is required. Sky Webb's mo...
2023.03.02 Motion to Compel Arbitration and Stay Action 854
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.03.02
Excerpt: ...g defendant's enforcement of the express arbitration provision found in the Retail Installment Sale Contract – Simple Finance Charge (“Sales Contract”) between plaintiff and Hanlees Chrysler Dodge Jeep Ram Kia (“Hanlees”). (Felisilda, supra, 53 Cal.App.5th 486, 495 – 499; Azemoon Decl., Exhibit A.) The Court finds that based upon the plain language of the Sales Contract, plaintiff expressly agreed to arbitrate her claims against a non...
2023.02.28 Demurrer 297
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.02.28
Excerpt: ...st cause of action for harassment within plaintiff's verified second amended complaint (“SAC”) is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e); see Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court finds that plaintiff failed to exhaust administrative remedies as to Estrada. (Gov. Code, § 12960, subd. (c); Okoli v. Lockheed Technical Operations Co. (1995) 36 Cal.App.4th 1607, 1613; citing Martin v. Lockheed Mi...
2023.02.27 Demurrer 887
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.02.27
Excerpt: ...agement conference. City of West Sacramento, Jesse Moore and County of Yolo's demurrer: The Court rules upon defendants City of West Sacramento, Jesse Moore and County of Yolo's (“defendants”) demurrer to plaintiff Gaven Zunie Mager's complaint as follows: The Court SUSTAINS WITH LEAVE TO AMEND defendants' demurrer to the third cause of action for negligence against defendant Moore. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff fails to ...
2023.02.17 Demurrer 205
Location: Yolo
Judge: Hohenwarter, Kay 2
Hearing Date: 2023.02.17
Excerpt: ...e lessor strictly complies with the specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) Where insufficient notice has been served upon a tenant, an unlawful detainer complaint fails to state a cause of action. (See Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 675.) Strict compliance with statutory notice requirements is a prerequisite to filing an unlawful detainer action. (DHI Cherry G...

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