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Location: Yolo x
Judge: Williams, Peter M x
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 ...
2020.01.30 Motion for Summary Adjudication 913
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2020.01.30
Excerpt: ...s the facts are not relevant to the motion. (Code Civ. Proc., § 437c, subd. (q).) Defendant The Regents of the University of California's objection to plaintiff Amy Ahl Wright's undisputed material fact number one is SUSTAINED. The Court declines to rule on the remainder of the objections as the facts are not relevant to the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff Amy Ahl Wright's motion for summary adjudication of the first cau...
2020.01.29 Motion to Compel Arbitration, for Stay 459
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2020.01.29
Excerpt: ...alifornia Surety Investigations, Inc. (2013) 215 Cal.App.4th 695, 704.) Further, plaintiff has failed to demonstrate that the arbitration agreement is substantively unconscionable, given defendant's agreement to be responsible for payment of all arbitration costs and fees. (Ng decl., ¶ 2; Carboni 2 of 2 v. Arrospide (1991) 2 Cal.App.4th 76, 83; Wherry v. Award, Inc. (2011) 192 Cal.App.4th 1242, 1248.) The notice of motion does not provide notice...
2020.01.13 Motion for Summary Judgment 355
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2020.01.13
Excerpt: ...er, there is a triable issue of fact as to whether the Occupancy Agreement permits the member's immediate family members to occupy the unit, in lieu of the member. (UMF 3; Ms. Brewer's RJN, First Amended Complaint, Exhibit B, §§ 4.1, 5.1.) 2 of 2 Plaintiff Dos Pinos Housing Cooperative, Inc.'s request for judicial notice (“Dos Pinos's RJN”) is GRANTED. (Evid. Code, §§ 452, 453.) Defendant Charles Brewer's motion to set aside default is DE...
2019.12.30 Motion to Set Aside Void Defaults, Judgments 369
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.12.30
Excerpt: ...ests for judicial notice are DENIED. Exhibits nos. 17‐19 are not part of the Court's file and defendants have not provided the Court with a copy of the material. (Ibid.) Defendants' motion to set aside void defaults and default judgments is GRANTED. (Code Civ. Proc., § 473, subd. (d).) The judgment is void on its face as the proofs of service show that defendants Perice Sibley and Capital Mailing Services, Inc. were not served with an amended ...
2019.12.10 Demurrer 280
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.12.10
Excerpt: ...660‐661.) County of Yolo, and its subsidiary entities, have absolute immunity under Government Code section 844.6. If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant to California Rule of Court 3.1312 or further notice is required. ...
2019.12.3 Request for Judicial Notice 854
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.12.3
Excerpt: ...'s determination of petitioners' petition for writ of mandate. (People, supra, 4 Cal.4th at p. 268, fn. 6.) Petitioners' motion to augment alleged administrative record is DENIED. Petitioners have failed to provide sufficient legal authority to overcome the well‐recognized rule, which limits the Court's review to the administrative record. (San Joaquin County Local Agency Formation Commission v. Superior Court (2008) 162 Cal.App.4th 159, 167; W...
2019.11.25 Motion to Compel Further Responses 820
Location: Yolo
Judge: Williams, Peter M
Hearing Date: 2019.11.25
Excerpt: ...ENIED AS MOOT. Defendant Kennedy states that he served responses April 7, 2016. No motion to compel further responses to special interrogatories, set five, is before the Court. Monetary sanctions against defendant Kennedy are DENIED. Defendant Kennedy served responses within 30 days, excluding the stay of litigation from February 4, 2016 through March 24, 2016. (Code Civ. Proc. §§ 391.6, 2030.260, subd.(a).) Monetary sanctions against plaintiff...
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 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...
2019.10.8 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. ...
2019.10.3 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...
2019.8.7 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 ...
2019.6.27 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...
2019.6.25 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...
2019.3.25 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, ...
2019.3.21 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...
2019.1.28 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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