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635 Results

Location: Yolo x
2023.11.07 Motion for Attorney Fees 437
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.11.07
Excerpt: ...t-A-Car Co. of San Francisco (2000) 79 Cal.App.4th 1127, 1133- 1134 ["When the liability issues are so interrelated that it would have been impossible to separate them into claims for which attorney fees are properly awarded and claims for which they are not, then allocation is not required." l; see also Cruz v. Fusion Buffet, Inc. (2020) 57 Cal.App.5th 221, 235—236; Adams decl., "15-7.) The Court finds that the hourly rates requested by plaint...
2023.11.03 Motion for Leave to Amend Responses to RFAs 078
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.11.03
Excerpt: ...h 1403, 1420." Further, "the court's discretion to deny a motion under the statute is limited to circumstances where it is clear that the mistake, inadvertence, or neglect was inexcusable, or where it is clear that the withdrawal or amendment would substantially prejudice the party who obtained the admission in maintaining that party's action or defense on the merits. (ld. at pp. 1420—1421.) The Court finds that defendant's admissions were the ...
2023.11.02 Motion for Summary Judgment 236
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.11.02
Excerpt: ...15, 422 [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) The Court SUSTAINS IN PART defendants Regents of the university of California ("Regents") Tracy Grissom ("Grissom") and Mary Elizabeth Floyd's ("Floyd") (collectively "defendants") objections to evidence offered by plaintiff, number 1, on the basis that the third sentence in paragraph 12 of William M. Bowen's...
2023.10.27 Demurrer 688
Location: Yolo
Judge: Hohenwarter, Kay 2
Hearing Date: 2023.10.27
Excerpt: ...d. Code, SS 452, 453; Code Civ. Proc., S 1005, subd. (b).) Defendant James Murray's general and special demurrer is OVERRULED. (Code Civ. Proc„ 430.10, subds. (e), First, based on the complaint and matters judicially noticeable, defendant has failed to show that plaintiff is not the owner of the property. (See Donabedian, supra, 115 Cal.App.4th at p. 994; Complaint, '14.) Second, defendant has not established that the three- day notce to pay re...
2023.10.26 Motion for Leave to Amend 078
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.10.26
Excerpt: ...eprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion." (Morgan v. Superior Court of Cal. In and For Los Angeles County (1959) 172 Cal.App.2d 527, 530.) First, the Court finds that plaintiff did not unreasonably delay in seeking to amend the complaint. (Cf. Fisher v. Larsen (1982) 138 Cal.App.3d 627, 649; Tsivyan decl., "1 4-7.) Second, the Court acknowledges that "t...
2023.10.24 Motion to Compel Arbitration 622
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.10.24
Excerpt: ...tion of the motion. The Court rules upon defendants' objection to the declaration of Jenaya Calderilla, D.O., as follows: • The Court declines to rule on defendants' objections numbers 5 through 7 12 — 15]. The Court finds that the evidence objected to is not relevant to the disposition of this moton. • The Court OVERRULES defendants' objections numbers 1 through 4, 8 and 9 1, 4— 11, 16, 17]. (Evid. Code, S 801.) • The Court SUSTAINS de...
2023.10.20 Motion for Attorney Fees 071
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.10.20
Excerpt: ...; PLCM Group v. Drexler (20W) 22 cal.4th 1084, 1095; Christian Research Institute v. Alnor (2008) 155 cal.App.4th 1315, 1320 1322; City of Colton v. Singletary (2012) 206 Cal.App.4th 751, 784; see Quantum Ctnking Concepts, Inc. v. LV Associates, Inc. (2011) 197 Cal.App.4th 927, 934; citing Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 52; Lipow Decl., 3, 4, 8, Exhibit 1; Lipow Decl. ISO reply, "1 2 — 5.) However, the Court finds that plain...
2023.10.17 Motion to Tax Costs 720
Location: Yolo
Judge: Maguire, Daniel P 5
Hearing Date: 2023.10.17
Excerpt: ...t the costs incurred were not reasonable and necessary to the conduct of the litigation. Civ. Proc., S 1033.5, subd. (a)(l); Chacon decl., 2-7.) 3. The motion to tax deposition costs is GRANTED IN PART. As to "Transcript - Aptus Court Reporting Transcript of Dr. Din Interview 12/31/21," this is a discretionary cost, and defendant has failed to show that this cost was reasonable and necessary to the conduct of the litigation. (Code Civ. Proc„ S ...
2023.10.17 Motion to Resolve Discovery Dispute 431
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.10.17
Excerpt: ...rt, rule 3.1113(b); see Quantum Ctnking Concepts, Inc. v. LV Inc. (2011) 197 Cal.App.4th 927, 934; citing Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 52 [where motion is supported by a deficient memorandum, the trial court is justified in denying the moton on grounds].) The Court also notes that this motion was not timely filed based upon the original hearing date of this motion. (Code Civ. Proc., S 1005, subd. (b) [all moving papers must ...
2023.10.17 Demurrer to FAC 941
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.10.17
Excerpt: ...(e).) Therefore, the demurrer is properly overruled if one cause of action "is not vulnerable to [this] objection." (Shook v. Pearson (1950) 99 Cal.App.2d 348, 351; Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599, see also Cal. Rules of Court, rule 3.1320(a).) The FAC contains sufficient factual allegations to support a cause of action for breach of fiduciary duty. (Meister v. Mensinger (2014) 230 Cal.App.4th 381, 395; Quelimane Co. v. Stewart Title...
2023.10.12 Motion to Dismiss 712
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2023.10.12
Excerpt: ..., impracticable, or futile" to bring this matter to trial during the pendency of plaintiff River's Side at Washington Square Homeowners Association's ("HOA") writ of mandate challenging this Court's Order on the River's Side defendants' demurrer to HOA's third amended complaint. (Code Civ. Proc, S 583.340, subd. (c); Christin v. superior court (1937) 9 cal.2d 526, 533see setov. Szeto (2022) 86 cal.App.5th 76, 86; see also Kaye v. Mount La Jolla H...
2023.10.11 Motion for Attorney Fees 269
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.10.11
Excerpt: ...uring, LLC's verified answer to plaintiff Bradley Ashmore's complaint — because it was never filed with the Court. The Court notes that as defendant Proterp Manufacturing, LLC, has never made a formal appearance in this action, the opposition to this motion is only being considered as being filed by defendant Proterp Holdings, LP (hereinafter "defendant"). Plaintiff's motion for attorney's fees is GRANTED IN PART. (CINIe Civ. Proc., SS 685.040 ...
2023.10.06 Motion to Bifurcate 280
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.10.06
Excerpt: ...three-phased trial as described in petitioner's moving papers will be conducive to expedition, economy and the ends of justice, the convenience of the witnesses, and the overall efficiency of the handling of this litigation will be promoted. The notice of motion does not provide notice of this Court's tentative ruling system as required by Local Rule 11.2(b). Counsel for moving party, or the moving party if unrepresented by counsel, is ordered to...
2023.09.28 Demurrer 246
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.09.28
Excerpt: ...on the same cause of action." (Code Civ. Proc., S 430.10, subd. (c).) However, there are different primary rights asserted in Ruff I (Case No. 0.1-2021-1246) and Ruff II (Case No. 01-2022-1762). (Quiroz v. seventh Ave. center (2006) 140 cal.App.4th 1256, 1278-1279; Bush v. superior court (1992) 10 cal.App.4th 1374, 1384.) While Ruff I asserts injuries to decedent's heirs, Ruff II pleads injuries to decedent. (See Quiroz, supra, 140 Cal.App.4th at...
2023.09.26 Special Motion to Strike 612
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.09.26
Excerpt: ... Cal.App.5th 1076, 1089 ["New evidence is generally not permitted with reply papers." l.) Defendant's special motion to strike is GRANTED IN PART. (Code Civ. Proc„ S 425.16.) "Litigation of an ant-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims arise from protected activity in which the defendant has engaged." (Bonni v. St. Joseph Health System (202...
2023.09.21 Motion to Compel Further Responses 578
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.09.21
Excerpt: ...shifts to the responding party to justify the objection. (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) The Court finds that plaintiff John Eldon Studarus has failed to meet his burden of justifying the objections to the discovery sought. (Ibid.) Plaintiff is directed to file further responses to defendant's requests for inspection (set one) nos. 1-15, with responsive documents, by October 13, 2023. Defendant's request for sanctions i...
2023.09.19 Demurrer 676
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.09.19
Excerpt: ..., 349; Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081 ["plaintiff has the burden of proving that an amendment would cure the defect"]; Cooper v. Leslie Salt Co. (1969) 70 Cal.2d 627, 636 ["It]he burden of proving such reasonable possibility is squarely on the plaintff"]; see Sarkisian Decl., 2—11, Exhibits A, G, H.) The Court finds that plaintiff has failed to allege facts sufficient to constitute this cause of action. (Gov. Code...
2023.09.18 Motion for Class Certification 251
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.09.18
Excerpt: ...d not consider the evidence to in making its ruling. Defendants Schilling Robotics, LLC ("Schilling") and FMC Technologies, Inc.'s ("FMC") objections to plaintiffs' evidence as to the declaration of Roy K. Suh nos. 17- 21 are SUSTAINED. The Court declines to rule on the other objections because the Court did not consider the evidence objected to in making its ruling. This Court does not consider the evidence submitted with plaintiffs Veronica Gar...
2023.09.14 Motion for Leave to File FAC 765
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.09.14
Excerpt: ...vacates its order denying the petition for writ of administrative mandamus and enters a new judgment granting the petition and (2) remands the matter back to the University for further proceedings consistent with the opinion by the Third District Court of Appeal. (See remittitur to trial court clerk, filed December 28, 2022; Hampton v. Superior Court in and for Los Angeles County (1952) 38 Cal.2d 552, 655—656 ["The trial court is empowered to a...
2023.09.13 Motion to Compel Further Responses 963
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.09.13
Excerpt: ...decline to consider any argument or legal authority found in pages exceeding the maximum permitted number of pages. Motion to compel further responses to special interrogatories: Petitioner's motion to compel further responses to special interrogatories, set one, is DENIED. (Code Civ. Proc., S 2030.300, subd. (a).) Petitioner has failed to make an adequate showing that the discovery requests at issue are likely to aid in the resolution of the par...
2023.08.31 Demurrer to FAC 775
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.08.31
Excerpt: ...2020) 58 Cal.App.5th 817, 825; People ex rel. Lockyer v. Shamrock Foods Co. (2WO) 24 Cal.4th 415, 422 [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issuel.) Defendants' demurrer to first amended complaint of plaintiff State of California, by and through the Department of Water Resources is SUSTAINED and the case is DISMISSED WITHOUT PREJUDICE. (Code Civ. Proc., SS 389, s...
2023.08.22 Motion for Summary Judgment 547
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.08.22
Excerpt: ...an open book account aga-nst defendant Davis Williams Adams aka Davis W. Adams, and defendant has failed to show that a triable issue of one or more material facts exists as to this claim or a defense thereto. (Code Civ. Prw SS 337a, 437c, subds. (b)(3), (p)(l); Aguilar, supra, 25 Cal.4th at p. 862; Lyons v. Security Pacific National Bank (1995) 40 Cal.App.4th l[nl, IW5 — Interstate Group Administrators, Inc. v. Cravens, Dargan & Co. (1985) 174...
2023.08.17 Motion to Set Aside Judgment and Enter New Judgment 963
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2023.08.17
Excerpt: ...ithout leave to amend defendant Hotel Winters, LLC's demurrer and (2) dismissing defendant Hotel Winters, LLC from this case, matters embraced by plaintiff's pending appeals. As such, the portion of plaintiff's moton challenging those orders of January 25, 2023, and February 15, 2023, is STAYED PENDING APPEAL. Plaintiff also seeks to challenge the orders made by Judge Mock on June 23, 2023. Multiple orders were made on that date. Plaintiff has no...
2023.08.16 Motion to Tax Costs 277
Location: Yolo
Judge: Rosenberg, David 14
Hearing Date: 2023.08.16
Excerpt: ... reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., S 1033.5, subds. (c)(2) & (3); Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) The costs were incurred to collect, review and documents in response to petitioners' Public Records Request — so that petitioners could prepare the administrative record. (See Coalition for Adequate Review v. City and County of San Francisco (2014) 229 Cal.App.4th 1043, 1055 [a petition...
2023.08.15 Motion for Attorney Fees 243
Location: Yolo
Judge: Fall, Timothy L 11
Hearing Date: 2023.08.15
Excerpt: ...rder pursuant to California Rules of Court, rule 3.1312 or further notice is required. Byrd's motion: On the Court's own motion, cross-defendant Justin Byrd's ("Byrd") motion for attorney's fees and costs is CONTINUED to September 7, 2023, at a.m. in Department 11. Byrd is DIRECTED to billing records and/or invoices from Scott Radcliffe in support of the claimed attorney's fees, and a supporting supplemental declaration from Mr. Radcliffe, which ...

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