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635 Results

Location: Yolo x
2024.01.18 Demurrer 507
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2024.01.18
Excerpt: ...cument is genuine and accurate. [Citation]" ; Compl., 26.) Defendants' demurrer to plaintiffs' complaint as to defendant Cheryl walker, individually, is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10, subd. (e); cal. Rules of court, rule 3.1320(g); see Buss v. J. O. Martin co. (1966) 241 cal. App. 2d 123, 133; Aubry v. Tn-City Hospital Dist. (1992) 2 Cal.4th 962, 967.) The Court finds that, based on the ShortForm Settlement Agreement e...
2024.01.17 Demurrer, Motion to Strike 946
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2024.01.17
Excerpt: ...e causes of action are not duplicative. (Award Metals, Inc. v. Superior Court (1991) 228 Cal.App.3d. 1128, 1135; Palm Springs Villas II Homeowners Assn„ Inc. v. Parth (2016) 248 cal.App.4th 268, 290; complaint, 25-33, 72-76.) WCS' demurrer as to the fourth cause of action (sexual battery) is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10, subd. (e).) The complaint fails to allege this cause of action with sufficient particularity. (C...
2024.01.11 Demurrer 049
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2024.01.11
Excerpt: ...tute this cause of action. Plaintiff alleges that her termination was substantially motivated by complaints about a rumor, which was not based upon her gender, and no amendment can cure this deficiency of the complaint. (Gov. Code, S 12940, subd. (a); Caldwell v. Paramount Unified School Dist. (1995) 41 Cal.App.4th 189, 202, fn.7; Guz v. Bechtel Nat., Inc. (2000) 24 cal.4th 317, 354, fn. 21; Blank v. Kirwan (1985) 39 cal.3d 311, 318; compl., 11 �...
2024.01.10 Motion for Attorney Fees 612
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2024.01.10
Excerpt: ...ion. (Code Civ. Proc., 916, subd. (a); see Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 189— 190, 196 199.) The case management conference set for this date is hereby VACATED. 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 notice is required. Moton to stay: Defendant request for judicial notice as to Item K is GRANTED. (E...
2024.01.10 Demurrer 507
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2024.01.10
Excerpt: ... document is genuine and accurate. [Citation]" ; Compl., 26.) Defendants' demurrer to plaintiffs' complaint as to defendant Cheryl walker, individually, is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc„ S 430.10, subd. (e); cal. Rules of court, rule 3.1320(g); see Buss v. J. O. Martin co. (1966) 241 cal. App. 2d 123, 133; Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 967.) The Court finds that, based on the ShortForm Settlement Agreem...
2024.01.08 Motion for Judgment on the Pleadings 380
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2024.01.08
Excerpt: ... see Leek v. Cooper (2011) 194 Cal.App.4th 399, 417; Compl., 5, 9, 10, 13.) Defendants' motion asto the second cause of action for recovery under quantum meruit is DENIED. (Code Civ, Proc., S 438.) The Court finds that defendants have failed to provide any argument or legal authority that this cause of action is inconsistent with an oral [versus written] contract. (Cal. Rules of Court, rule 3.113(a); see Quantum Cooking Concepts, Inc. v. LV Assoc...
2024.01.08 Motion for Appellate Attorney Fees 489
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2024.01.08
Excerpt: ... 187, 193 [the nature of a motion is determined by the nature of the relief sought, not by the label attached to it].) All papers opposing a motion must be filed with the court and a copy served on each party at least 9 court days before the hearing, unless the court or judge has prescribed a shorter time. (Code Civ. Proc., S 1005, subd. (bj.) Plaintiffs' opposition was filed on November 14, 2023. Nine court days before the hearing date (November...
2024.01.05 Demurrer 137
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2024.01.05
Excerpt: ...court finds that this cause of action may not be maintained against a public entity like defendant. (See Kim v. Regents of University of California (2000) 80 Cal.App.4th 160, 164 — 165.) Defendant's demurrer to the second cause of action for intentional infliction of financial losses is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10, subd. (e); Aubry v. Tri-City Hospital Dist. (1992) 2 cal.4th 962, 967.) The court finds that plaintif...
2023.12.28 Motion to Strike or Tax Costs 248
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.12.28
Excerpt: ...paration; thus, the Court taxes the claimed costs in the amount of $180.00. (Code Civ. Proc., S 1033.5, subds. (a)(l), (c)(2); Melnyk v. Robledo (1976) 54 Cal.App.3d 618, 624.) • Item 4— deposition costs ($26,141.39): The Court finds defendant has claimed fees that are unsupported by the documentation provided, or relates to fees for expert witness that are expressly not allowed; thus, the Court taxes the claimed costs in the amount of $15,77...
2023.12.21 Demurrer, Motion to Strike 630
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.12.21
Excerpt: ...ition. (Cal. Rule of Court, rule 3.1300(d); see Juarez v. Wash Depot Holdings, Inc. (2018) 24 Cal.App.5th 1197, 1202; see also Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [stating that "a trial court has broad discretion to accept or reject late-filed papers."].) The Court rules upon Yolo County's demurrer and motion to strike plaintiffs' second amended complaint ("SAC") as follows: Yolo County's demurr...
2023.12.20 Motion for Summary Judgment, Adjudication 161
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.12.20
Excerpt: ...., S 437c, subd. (q).) The Court declines to rule on defendants' objections to evidence as the evidence objected to is not relevant to deciding this motion. (Code Civ. Proc., S 437c, subd. This Court construes defendants' motion for summary judgment or, in the alternative, motion for summary adjudication as a motion for summary judgment. (See Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193 [the nature of a motion is determi...
2023.12.18 Motion for Judgment on the Pleadings 380
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.12.18
Excerpt: ...; see Leek v. Cooper (2011) 194 Cal.App.4th 399, 417; Compl., 5, 9, 10, 13.) Defendants' motion asto the second cause of action for recovery under quantum meruit is DENIED. (Code Civ, Proc., S 438.) The Court finds that defendants have failed to provide any argument or legal authority that this cause of action is inconsistent with an oral [versus written] contract. (Cal. Rules of Court, rule 3.113(a); see Quantum Cooking Concepts, Inc. v. LV Asso...
2023.12.12 Demurrer, Motion to Strike 941
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.12.12
Excerpt: ...35.5, subd. (a)(4).) Demurrer: Polley's demurrer to the third cause of action (civil RICO 18 U.S.C. S 1961 et seq.) within defendants/cross-complainants Ravinder Tumber and You Only ive Once Farms LLC's ("cross- complainants") cross-complaint is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10; Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 957.) The Court finds that the cross-complaint fails to state facts sufficient to constitu...
2023.12.11 Motion for Attorney Fees, Request for Discovery 489
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.12.11
Excerpt: ... Cal.App.4th 187, 193 [the nature of a motion is determined by the nature of the relief sought, not by the label attached to itl.) All papers opposing a motion must be filed with the court and a copy served on each party at least 9 court days before the hearing, unless the court or judge has prescribed a shorter time. (Code Civ. Proc., S 1005, subd. (b).) Plaintiffs' opposition was filed on November 14, 2023. Nine court days before the hearing da...
2023.12.08 Motion to Tax Costs 720
Location: Yolo
Judge: Maguire, Daniel P 5
Hearing Date: 2023.12.08
Excerpt: ...ails to demonstrate that the costs incurred were not reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., S 1033.5, subd. (a)(l); Chacon decl., "1 2-7.) 3. The motion to tax deposition costs ($25,068.68) is GRANTED IN PART. As to "Transcript - Aptus Court Reporting Transcript of Dr. Din Interview 12/31/21" ($2,055.59), this is a discretionary cost, and defendant has failed to show that this cost was reasonable and necessar...
2023.12.07 Motion for Relief from Stay 111
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.12.07
Excerpt: ...alek]; People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 [ex rel. Lockyer) [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) Defendants Dignity Health and Dignity Community Care's request for judicial notice is GRANTED. (Evid. Code, SS 452, subd. (d), 453.) Plaintiff's motion for relief from stay is DENIED. The Court finds that plaintiff has fa...
2023.12.06 Motion to Compel Further Responses, for Monetary Sanctions 686
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.12.06
Excerpt: ...n plaintiff's response to the FROG and RPD. Defendant failed to provide any factual arguments or legal authority within its memorandum of points and authorities in support of this aspect of the motion, as required. (Cal. Rules of Court, rule 3.1113(b); Code Civ. Proc„ 52031.310, subd. he Court DENIES the motion as to the objections contained within plaintiff's supplemental responses to defendant's discovery requests, which were provided in resp...
2023.12.05 Motion for Return of Property 714
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.12.05
Excerpt: ...earms dealer within California. (Opposition, pp. 2 & 8.) Further, this Court finds that, as owner of the "Group 2" firearms, Lorenzo can direct the disposition of these weapons to a licensed firearms dealer for subsequent sale. (See Henderson v. United States (2015) 575 U.S. 622, 530-631; see also Penal Code, SS 30800, subds. & (c) ["possession of any assault weapon... in violation of this chapter is a public nuisance"], emphasis added, 30605, 30...
2023.11.30 Motion to Tax Costs 021
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.11.30
Excerpt: ...) 24 Cal.4th 415, 422 [a precondition to the taking of judicial notce in either its mandatory or permissive form must be relevant to a material issuel.) The Court declines to rule on Gunn's objections to the declaration of Thomas Patrick Jr., as the Court did not rely upon the challenged declaration in determining this motion. The Court rules upon plaintiff Peter C. Craig and cross-defendant Pacific Livestock, Inc.'s motion to tax costs as follow...
2023.11.30 Motion to Certify Class and Appoint Class Counsel 939
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.11.30
Excerpt: ...ted to is not relevant to the disposition of defendant's motion for summary judgment. (Code Civ. Proc., S 437c, subd. (q).) The Court declines to rule on defendant's evidentiary objections to plaintiffs' evidence as the evidence objected to is not relevant to the disposition of defendant's motion for summary judgment. (Code Civ. Proc., S 437c, subd. (q).) Defendant's motion for summary judgment is GRANTED. (Code Civ. Proc., S 437c, subd. (p)(2); ...
2023.11.28 Motion for Attorney Fees 958
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.11.28
Excerpt: ...e Civ. Proc., S 425.16, subd. (c)(l).) On September 27, 2021, this Court granted cross- defendants' special moton to strike. (Code Civ. Proc„ S 425.16.) On November 3, 2021, the Court awarded cross-defendants, as the prevailing defendants, $30,555.00 in attorney's fees and $466.85 in costs. (Code Civ. Proc„ S 425.15, subd. (c)(l).) Cross-complainants appealed both orders. On July 28, 2023, this Court received the remittitur from the Third Dis...
2023.11.17 Motion for Summary Adjudication 997
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.11.17
Excerpt: ...s ("Zipcar") objections to evidence nos. 1-3 are OVERRULED. The Court declines to rule on Zipcar's remaining objections as the evidence objected to is not relevant to deciding this moton. Civ. Proc., S 437c, subd. (q).) The Court declines to rule on plaintiff's objection to Officer Diaz's video and transcript as the evidence objected to is not relevant to deciding this motion. (Code Civ. Proc., S 437c, subd. (q).) Plaintiff's motion for summary a...
2023.11.16 Demurrer, Motion to Strike 836
Location: Yolo
Judge: Maguire, Daniel P 5
Hearing Date: 2023.11.16
Excerpt: ...ubmitted for decision by the Court to present to the Court information relevant to (1) the propriety of taking judicial notice of the matter and (2) the tenor of the matter to be noticed. (Evid. Code, S 455, subd. Defendant Xinyao Zhou's demurrer and motion to strike are STAYED, pursuant to this Court's inherent authority, pencrng resolution of defendant's appeal, filed on April 12, 2023, Third District Court of Appeal Case No. C098326, and any s...
2023.11.13 Motion for Costs 209
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2023.11.13
Excerpt: ...endant's motion for costs is GRANTED IN PART, as follows: 1. The motion as to deposition costs ($6,848.20) is GRANTED IN PART. The Court finds that only of these costs are expressly allowed and were reasonably necessary to the conduct of the litigation. (Code Civ. Proc., SS 1032, 1033.5. subds. Cal. Rules of Court, rule 3.1700; see Melnyk v. Robledo (1975) 64 Cal.App.3d 618, 624.) 2. The motion as to prc„cess server costs ($1,950.00) is GRANTED...
2023.11.08 Motion to Strike, Demurrer 724
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.11.08
Excerpt: ...strikes the following language from the complaint as to City, only: • „ improperly controlled/enforced speed limits in the above-described roadway, thereby created a hazard and increasing the potential for catastrophic injury and death. (Compl., 38e.) • had other defects or conditions that contributed to the SUBJECT INCIDENT. (Compl., 38g.) The notice of motion provides notice of this Court's tentative ruling system; however, the notice cit...

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