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Location: Yolo x
Judge: McAdam, Samuel T 10 x
2024.03.29 Demurrer 712
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2024.03.29
Excerpt: ...quired. (Code Civ. Proc., § 430.41, subd. (a)(3); Broghammer Decl., McNeil Decl., McNeill Decl.) Still, the Court will reach the merits of these parties' demurrers. (Code Civ. Proc., § 430.41, subd. (a)(4).) The Court rules upon the requests for judicial notice as follo ws: • The Court GRANTS Mogavero's request for judicial notice (Evid. Code, §§ 452, subds. (c), (d), 453.) • The Court GRANTS defendant Villara Corporation's (“Villara”...
2024.03.07 Motion to Set Aside Orders 431
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2024.03.07
Excerpt: ....) Plaintiff Michael Bisch's motion to set aside orders by a disqualified judge as void and remedy the disqualified judge's failure to disclose conflict is DENIED. Plaintiff seeks to set aside all orders rendered by Judge Rosenberg. Plaintiff's motion specifically seeks to set aside an order issued on October 17, 2023, denying plaintiff's motion to resolve discovery dispute (“discovery dispute order”). However, Judge Fall presided over th...
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...
2023.08.17 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...
2022.12.22 Motion to Continue Trial 626
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.12.22
Excerpt: ...t, in May and June 2022, respectively, is not a sufficient excuse for the failure of the depositions at issue to have been taken in advance of the current trial date. (Lucas v. George T.R. Murai Farms, Inc. (1993) 15 Cal.App.4th 1578, 1586 [the decision to grant or deny a continuance is committed to the sound discretion of the trial court]; Beckman v. Waters (1911) 161 Cal. 581, 588 [denial of motion to continue trial was not an abuse of discreti...
2022.12.20 Demurrer 692
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.12.20
Excerpt: ...r negligence [incorrectly identified as the fifth cause of action] in their first amended complaint (“FAC”) 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 plaintiffs have failed to alleged facts sufficient to state this cause of action. (See Thomas v. Stenberg (2012) 206 Cal.App.4th 654, 662; Sheen v. Wells Fargo Bank, N.A. (2022) 12 Cal. 5th...
2022.11.16 Motion to Compel Further Responses 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.11.16
Excerpt: ...der Continuing Trial, filed September 7, 2022.) That means the last day to have any discovery motion heard was September 19, 2022. (Code Civ. Proc., §§ 2016.060, 2024.020, subd. (a); see Pelton‐Shepherd Industries, 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 to reopen discovery proceedings. (Code Civ...
2022.11.15 Motion to Compel Arbitration 622
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.11.15
Excerpt: ... no. 1 is OVERRULED. The Court declines to rule on plaintiffs' other objections as the evidence objected to is not relevant to the disposition of the instant motion. The Court also declines to rule on plaintiffs' objection to the declaration of Matthew Schroeder as the evidence objected to is not relevant to the disposition of the instant motion. The Court further declines to rule on defendants Covenant Care Courtyard, LLC (“Courtyard”), CTR ...
2022.11.09 Demurrer 944
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.11.09
Excerpt: ...nts of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) In the first amended complaint (“FAC”), plaintiff alleges that defendants, as successors in interest to signatory The Money Store (“TMS”), failed to comply wi...
2022.11.02 Motion for Summary Adjudication 998
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.11.02
Excerpt: ...he motion.”].) The Court declines to rule on defendants' objections to the declarations of Dayna Weishaar and Robert Koehler as the evidence objected to is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) The Court, in its discretion, considers plaintiff's late‐filed reply in support of her motion for summary adjudication. (Cal. Rules of Court, rule 3.1300(d); Rancho Mirage Country Club Homeowners A...
2022.11.01 Motion to Compel Deposition 180
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.11.01
Excerpt: ...amination, or to proceed with it, or to produce for inspection any document,…the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (Code Civ. Proc., § 2025.450, subd. (a), emphasis added.) A motion under subdivision (a) shall be accompanied by a meet and conf...
2022.10.07 Motion for Protective Order 248
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.10.07
Excerpt: ...s exceeding the maximum permitted number of pages. Plaintiff's motion for protective order against Thomas F. Rutaganira, Rachel Renno, and Foos Gavin Law Firm, P.C. is DENIED. (Code Civ. Proc., §§ 2030.090, 2031.060.) Plaintiff failed to show “a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., §§ 2016.040, 2030.090, subd. (a), 2031.060, subd. (a); Mitchell decl., ¶ 1; R...
2022.10.07 Motion to Compel Arbitration 142
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.10.07
Excerpt: ... McAllister Bros., Inc. v. A & S Trans. Corp. (1980) 621 F.2d 519, 524; Harris v. TAP Worldwide, LLC (2016) 248 Cal.App.4th 373, 380 – 381 [the party seeking arbitration bears the initial burden of demonstrating the existence of an arbitration agreement]; Bannister v. Marinidence Opco, LLC (2021) 64 Cal.App.5th 541, 545; see Espejo v. So. Cal. Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1062; see e.g., Pinnacle Museum Tower Assn. v. P...
2022.09.30 Motion for Summary Adjudication 998
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.09.30
Excerpt: ... the motion.”].) The Court declines to rule on defendants' objections to the declarations of Dayna Weishaar and Robert Koehler as the evidence objected to is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) The Court, in its discretion, considers plaintiff's late‐filed reply in support of her motion for summary adjudication. (Cal. Rules of Court, rule 3.1300(d); Rancho Mirage Country Club Homeowners...
2022.09.29 Demurrer 686
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.09.29
Excerpt: ...tted document are difficult to read. Regarding Exhibit 4 (“1967 putative agreement” among Alpine County and the South Tahoe Public Utility District, referred to in the cross complaint, without exhibits), it appears multiple pages/paragraphs have been omitted from the copy submitted to the Court. Regarding Exhibit 5 (“1973 agreement” among STPUD and USA, Bureau of Land Management, referred to in the 1967 agreement, without exhibits), there...
2022.09.27 Motion for Judgment on the Pleadings 964
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.09.27
Excerpt: ...wer does not state facts sufficient to constitute a defense to the complaint. (Ibid.; Plaintiff's RJN, Exhibit A; Pang v. Beverly Hosp., Inc. (2000) 79 Cal.App.4th 986, 989–990; Murillo v. Superior Court (2006) 143 Cal.App.4th 730, 736.) Given defendant's admissions, the defects cannot be cured by amendment. (See Virginia G. v. ABC Unified School Dist. (1993) 15 Cal.App.4th 1848, 1852.) Plaintiff's request for costs is DENIED WITHOUT PREJUDICE....
2022.09.20 Motion to Compel Further Responses 251
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.09.20
Excerpt: ...responses to defendant's special interrogatories, set one. (Roy decl., ¶ 10; McCoy decl. ISO reply, ¶ 11.) As a result, defendant is no longer seeking further responses to many of its form interrogatories, set one. (McCoy decl. ISO reply, ¶¶ 11‐13.) Despite agreeing to supply further responses to the form interrogatories still at issue, plaintiff has not provided such responses. (Id., ¶ 15.) Further, plaintiff has not offered any justifica...
2022.09.07 Motion to Strike Jury Demand 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.09.07
Excerpt: ...at he has no right to a jury trial with regard to his cause of action based upon Health and Safety Code section 1278.5. (Plaintiff's Memorandum of Points and Authorities, p. 1.) Second, this Court concludes that the gist of plaintiff's cause of action based upon Business and Professions Code section 2056 is equitable, rather than legal, and that plaintiff therefore has no right to a jury trial on that cause of action. Under California law, the ri...
2022.09.07 Motion for Summary Judgment 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.09.07
Excerpt: ...ess and Professions Code section 2056. SDH has not met its burden to show that a required element of plaintiff's first cause of action cannot be established. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849, as modified (July 11, 2001).) It is unnecessary to reach plaintiff's second cause of action as SDH has not established that it is 2 of 7 entitled to judgment as a matter of law. (Code Civ. ...
2022.08.30 Demurrer 692
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.08.30
Excerpt: ...923.5 is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) The Court finds that plaintiffs Maricela Sanabria and Miguel Sanabria have alleged facts sufficient to state this cause of action. (Civ. Code, § 2923.5; Barrionuevo v. Chase Bank, N.A. (2012) 885 F.Supp.2d 964, 975 – 977, Compl., ¶¶ 13, 22, 23, Exhibit D.) Defendants' demurrer as to the second cause of action for violation of Civil Code section 2924(a)(1) is SUSTAINED WITHOUT LEAVE...
2022.08.26 Motion to Bifurcate Punitive Damages Claim 368
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.08.26
Excerpt: ...ges and finds that [Pruco] is guilty of malice, oppression, or fraud in accordance with Section 3294.” (See also Torres v. Automobile Club of So. California (1997) 15 Cal.4th 771, 777–779.) However, Pruco has failed to establish that this Court should bifurcate the entire punitive damages portion of the trial from the liability portion of the trial. (See Code Civ. Proc., § 3295; Evid. Code, § 352.) Pruco's motion to bifurcate breach of cont...
2022.08.23 Demurrer, Motion to Strike 622
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.08.23
Excerpt: ...z, Jr.'s third cause of action for premises liability is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) The Court finds that plaintiffs have sufficiently alleged facts to state this cause of action against Courtyard and CTR. (Kesner v. 2 of 4 Superior Court (2016) 1 Cal.5th 1132, 1159, internal citations omitted; See Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619; Vasquez v. Residential Investments, Inc. (2004) 118...
2022.08.10 Motion to Compel Deposition and Production of Docs 028
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.08.10
Excerpt: ...6.040, 2025.450, subd. (b)(2); Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1438; Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) The Court finds that respondent's meet and confer efforts were insufficient to meet the requirements of Code of Civil Procedure section 2016.040. (See Townsend, supra, at p. 1439 [a reasonable and good faith attempt at informal resolution entails...
2022.08.02 Motion to Compel Further Responses 126
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.08.02
Excerpt: ...interrogatories].) The Court finds that defendant has established a reasonable, good faith attempt to resolve informally this discovery dispute. (Code Civ. Proc., §§ 2031.310, subd. (b)(2); 2016.040; Ichinaga decl., ¶¶ 18‐20. Exs. 5, 6, 8, 9.) The Court finds defendant's motion to compel further responses is timely. (Code Civ. Proc., § 2031.310, subd. (c); Ichinaga decl., ¶18.) 2 of 3 Defendant's motion to compel further response to reque...
2022.07.21 Motion for Summary Judgment 312
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.07.21
Excerpt: ...tained within the City's response to plaintiff's separate statement of undisputed material facts in opposition to the motion for summary judgment because “[a]ll written objections to evidence must be served and filed separately from the other papers…in opposition to the motion.” (California Rules of Court, rule 3.1354(b); Hodjat v. State Farm Mutual Automobile Ins. Co. (2012) 211 Cal.App.4th 1, 7 – 8.) The Court declines to rule on the Ci...
2022.07.19 Motion to Enforce Deposition Subpoena for Production of Business Records 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.07.19
Excerpt: ...production has met his burden of showing good cause simply by a fact‐specific showing of relevance. (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) Once good cause is shown, the burden shifts to the responding party to justify his objection. (Ibid.) Defendant in this case seeks three months of communications directly relevant to plaintiff's attempts to seek and obtain employment before his suspension, plaintiff's intent to resign his...
2022.07.07 Motion to Compel Discovery 896
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.07.07
Excerpt: ...ce's continued and renewed motion for attorney's fees. (Save Open Spaces Santa Monica Mountains v. Superior Court (2000) 84 Cal.App.4th 235, 250 – 256 [Save Open Spaces]; Barth Decl., ¶¶ 6 – 9, Exhibits 6 – 10.) However, the Court also finds a compelling interest in petitioner's right of associational privacy, and protection of the attorney‐client and work‐product privileges. (Cal. Const., art. I, §§1 – 3; Save Open Spaces, supra,...
2022.07.06 Motion for Judgment on the Pleadings 128
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.07.06
Excerpt: ...d. (c)(1)(A).) Plaintiff's complaint states facts sufficient to constitute a cause of action, and defendant Christopher A. Hubert's answer does not state facts sufficient to constitute a defense to the complaint. (Ibid.; H. Russell Taylor's Fire Prevention Service, Inc. v. Coca Cola Bottling Corp. (1979) 99 Cal.App.3d 711, 726‐727; CACI No. 372; Higgins v. Wortell (1861) 18 Cal. 330, 333; Connecticut Mut. Life Ins. Co. v. Most (1940) 39 Cal.App...
2022.07.05 Motion for Summary Judgment 088
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.07.05
Excerpt: ...thin their separate statement of disputed material facts in opposition to Shopcore's motion for summary judgment; or, (2) defendant Jason Marsh's (“Marsh”) evidentiary objections made within his response to Shopcore's separate statement of undisputed material facts in support of motion for summary judgment because “[a]ll written objections to evidence must be served and filed separately from the other papers…in opposition to the motion.�...
2022.06.30 Motion for Summary Adjudication 368
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.06.30
Excerpt: ...rby as the evidence objected to is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) Pruco's objections to the declarations of Dr. Timothy J. Wiegand and Dr. Mario San Bartolome are OVERRULED. Pruco's motion for summary adjudication as to issues nos. 1 and 2 is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) “The rule in insurance cases is that a material misrepresentation or concealment in an insura...
2022.06.28 Motion to Strike or Tax Costs 142
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.06.28
Excerpt: ...before this Court. (See Decision After Hearing on Appeal, issued March 8, 2022.) Respondent's motion to strike appellant's memorandum of costs in its entirety is denied. Appellant concedes a clerical error in the tabulation of costs and stipulates that the correct tabulation is that service of process costs were $455.56 and the total costs claimed are thus $590.56. Thus, the Court grants respondent's request to tax the amount claimed in error: $5...
2022.06.15 Motion to Set Aside Default 286
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.06.15
Excerpt: ...writing, of the intent to take defendants' defaults, including failing to provide a date by which a responsive pleading needed to be filed. (See Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 135, 141 [all parties shall cooperate in bringing the action to trial or other disposition, quiet speed and unreasonable deadlines do not qualify as “cooperation” and cannot be accepted by the courts]; Barreno Decl., ¶¶ 3 – 4.) The notice of motion does...
2022.06.15 Motion for Attorney Fees 995
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.06.15
Excerpt: ...., LLC v. Monroy (2013) 215 Cal.App 4th 972, 1004 [Heritage].) The Court may rely on its own knowledge and familiarity with the legal market in setting a reasonable hourly rate. (Id., at p. 1009; Serrano v. Priest (1977) 20 Cal.3d 25, 49.) In the Court's experience, the local rates for this type of work ranges from $350.00 to $450.00 per hour. In making its calculation, a court should also consider the experience, skill, and reputation of the att...
2022.06.09 Motion to Quash Service of Summons 304
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.06.09
Excerpt: ...laintiff The People of the State of California has provided competent evidence that defendant, Flowmaster, and Driven have all shared a corporate officer – Thomas W. Tomlinson. (In re Automobile Antitrust Cases I and II (2005) 135 Cal.App.4th 100, 110–111 [citations omitted]; Centerpoint E. v. Superior Court (2007) 157 Cal.App.4th 1101, 1120 [citations omitted]; Ray v. Alad Corp. (1977) 19 Cal.3d 22, 28 – 29 [a 2 of 3 corporation acquiring ...
2022.06.08 Motion to Enforce Deposition Subpoena for Production of Business Records 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.06.08
Excerpt: ...may move for an order compelling production and notice of that motion to compel shall be given to all parties and the deponent. (Code Civ. Proc., § 2025.480, subds. (a), (c), emphasis added.) A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a 2 of 5 nonparty deponent must be personally served on the nonparty deponent unless the non...
2022.06.08 Demurrer 527
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.06.08
Excerpt: ...tion to defendant's MJOP, (6) defendant's reply (in support of its MJOP), (7) this Court's ruling granting defendant's MJOP with leave to amend, (8) plaintiff's third amended complaint, (9) plaintiff's notice of motion and motion for sanctions pursuant to Code of Civil Procedure section 128.7, (10) declaration of attorney Adam Ambrozy in support of defendant's motion for sanctions pursuant to section 128.7, (11) defendant's request for judicial n...
2022.06.07 Motion for Post Offer Costs, to Tax Costs 806
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.06.07
Excerpt: ... (2003) 108 Cal.App.4th 154, 157 – 158 [a second offer to compromise extinguishes the first offer for purposes of Code of Civil Procedure section 998]; March 17, 2022, Judgment; Houvener Decl., Exhibit C.] The Court thus awards defendant post‐offer expert costs in the amount of $39,027.00. (Houvener Decl., Exhibit D.) The notice of motion does not provide notice of this Court's tentative ruling system as required by Local Rule 11.2(b). Counse...
2022.06.03 Demurrer 612
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.06.03
Excerpt: ...enforceable only if the lessor strictly complies with the specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) Courts have held that because of insufficient notice served upon a tenant, an unlawful detainer complaint failed to state a cause of action. (Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 675.) Plaintiff's unlawful detainer complaint relies upon a 3‐day notice to pay rent or qu...
2022.06.03 Motion for Summary Judgment, Adjudication 021
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.06.03
Excerpt: ...nd filed separately from the other papers…in opposition to the motion.” (Cal. Rules of Court, rule 3.1354(b); See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 531–532.) The Court notes that it can only grant summary adjudication “if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code Civ. Proc., § 437c, subd. (f)(1); see Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th...
2022.06.01 Motion for Summary Judgment, Adjudication 032
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.06.01
Excerpt: ...rmane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) Defendant's objections to evidence contained within plaintiff's opposition no. 5 is OVERRULED. The Court declines to rule on all other evidentiary objections as the evidence 3 of 4 objected to is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) Defendant's motion for summary adjudication as to issue no. 1 (general neg...
2022.05.06 Motion to Strike Portions of SAC 094
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.05.06
Excerpt: ...r the fourth cause of action for negligence, are measured exclusively under Civil Code section 3343. (See Civ. Code, § 3333; Santa Barbara Pistachio Ranch v. Chowchilla Water Dist. (2001) 88 Cal.App.4th 439, 446–447; cf. Fragale v. Faulkner (2003) 110 Cal.App.4th 229, 236‐237 [finding the application of Civil Code section 3343 to limit the plaintiffs' damages, when the plaintiffs brought an action based on a broker's misrepresentation]; SAC,...
2022.05.06 Motion for Amendments to Entry of Judgment 998
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.05.06
Excerpt: ...s DENIED. (Code Civ. Proc., §§ 685.010, 685.020, subd. (a).) “Only final judgments bear postjudgment interest.” (Hyundai Motor America v. Superior Court (2015) 235 Cal.App.4th 418, 424.) “A judgment is the final determination of the rights of the parties in an action or proceeding.” (Code Civ. Proc., § 577; see also Doudell v. Shoo (1911) 159 Cal. 448, 453 [“A judgment is final when it terminates the litigation between the parties on...
2022.05.03 Motion to Strike or Tax Costs 352
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.05.03
Excerpt: ...ng party]; see Friends of Spring Street v. Nevada City (2019) 33 Cal.App.5th 1092, 1104 [in determining whether a party is a prevailing party the trial court determines whether the party succeeded at a practical level by realizing its litigation objectives and whether the action yielded the primary relief sought in the case]; DeSaulles v. Community Hospital of Monterey Peninsula (2016) 62 Cal.4th 1140, 1157 [the rule is that a partial recovery, a...
2022.04.29 Motion to Bifurcate 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.29
Excerpt: ...ages and (2nd) that prejudice to either party is speculative. Thus, bifurcation would not serve judicial economy and efficiency or the interests of justice. SDH's unopposed request to bifurcate the issue of punitive damages, precluding presentation of evidence on SDH's profits or financial condition until after plaintiff has obtained a finding of malice, oppression, or fraud on the part of SDH, is GRANTED. (Civ. Code, § 3295, subd. (d).) If no h...
2022.04.27 Demurrer 970
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.27
Excerpt: ...Civ. Proc., § 430.10; See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court finds that plaintiff has failed to state facts sufficient to constitute a cause of action against BNT. (Code Civ. Proc., § 430.10, subd. (e).) The Court finds that there are no allegations in the FAC that BNT has any adverse claim against the title of the subject property, and no amendment can cure this deficiency. (See Orcilla v. Big Sur, Inc. (2016) 244 Cal.App.4t...
2022.04.26 Motion to Compel Medical Exam 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.26
Excerpt: ...f any party desires to obtain discovery by a mental examination, the party shall obtain leave of court. (Code Civ. Proc., § 2032.310, subd. (a), emphasis added.) The Court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown. (Code Civ. Proc., § 2032.320, subd. (a).) SDH has shown good cause for the proposed mental examination. Plaintiff has placed his mental state in controversy by the alle...
2022.04.26 Demurrer 528
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.26
Excerpt: ... permitted number of pages. 4 of 4 Defendants Zero Net Energy Alliance, Inc. (“ZNEA”), Richard Schorske, and Sharon Tobar's request for judicial notice is DENIED. (Evid. Code, §§ 452, 453.) Defendants failed to make their request for judicial notice in a separate document as required. (Cal. Rules of Court, rule 3.1113(l).) Defendants' demurrer to plaintiff's second amended complaint (“SAC”) as to the third cause of action (alter ego lia...
2022.04.19 Motion for Summary Judgment, Adjudication 720
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.19
Excerpt: ...ornia (1998) 63 Cal.App.4th 1108, 1119.) SDH's objection to the declaration of plaintiff, at 8:1‐3 (Din decl., ¶ 30), is OVERRULED. (Evid. Code, § 803.) SHD's objections to the declaration of attorney M. Bradley Wishek, at 5:23‐27 (Wishek decl., ¶ 8), are SUSTAINED. (Evid. Code, §§ 403, 702, 803.) SHD's objections to the declaration of attorney M. Bradley Wishek, at 5:27‐29 (Wishek decl., ¶ 8), are SUSTAINED. (Evid. Code, §§ 403, 70...
2022.04.19 Motion for Attorney Fees 911
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.19
Excerpt: ...ed time entries attached as Exhibit A to the declaration of Tessa McGuire. (Evid. Code, §§ 402, 403; McGuire Decl., Exhibit A; see declarations of Boutin, McNairy, McGlone, Miller, Cowan and Jackson.) However, the Court finds that only those time entries that identify fees “incurred in the request for” the Stipulated Judgment (“Judgment”) are relevant. (Evid. Code, §§ 210, 350; Judgment, ¶ 4.) Regarding those time entries that do not...
2022.04.05 Motion for Leave to File SAC 732
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.04.05
Excerpt: ...rst, plaintiff's motion does not include a copy of the proposed amended pleading. (Cal. Rules of Court, rule 3.1324(a)(1).) Second, plaintiff has not stated what allegations are proposed to be added and/or deleted and where, by paragraph and line number. (Cal. Rules of Court, rule 3.1324(a)(2)‐(3).) Third, plaintiff has failed to file a supporting declaration, stating: (1) the effect of the amendment; (2) why the amendment is necessary and prop...
2022.03.25 Motion for Summary Judgment 090
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.03.25
Excerpt: ...set forth evidence that defendant Mateo Galvan continues in possession of real property after a three‐day written notice to quit was served upon him, where the property was sold in accordance with Section 2924 of the Civil Code, under a power of sale contained in a deed of trust executed by defendant, and the title under the sale was duly perfected. (Code Civ. Proc., § 1161a, subd. (b), (b)(3); RJN Nos. 1‐5; RFAs deemed admitted 1‐9; Reyes...
2022.03.16 Motion for Attorney Fees 911
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.03.16
Excerpt: ... Cal.App.2d 749, 759; Miller Decl., ¶ 6, Exhibit A; Boutin Decl., ¶ 6.) The Court declines to rule upon the remaining objection to Eric Miller's declaration as the Court did not rely upon the remaining challenged paragraphs of said declaration in determining the instant motion. The Court declines to rule on plaintiffs Robert Shelton and Adrian Shelton's [evidentiary] objection to Underwood declaration as the Court did not rely upon the challeng...
2022.03.08 Petition for Approval of Compromise of Claim 728
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.03.08
Excerpt: ...h 238, 268, fn. 6; see Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817 825.) Petitioner Jennifer Marston, and the minor, Ryan Marston are DIRECTED TO APPEAR. (Cal. Rules of Court, rule 7.952.) If the parties fail to appear at the hearing and the Court has not excused their personal appearance, the petition will be denied without prejudice. No request for a hearing is required. 2 of 3 Motion for attorney's fees and common fund reduct...
2022.03.08 Motion to Continue Trial 248
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.03.08
Excerpt: ...constitutes “[a] significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.” (Cal. Rules of Court, rule 3.1332(c)(7), emphasis added; Renno decl., ¶¶ 2‐5.) Second, while plaintiff Krista Mitchell filed two petitions for writ of mandate in December, 2021, both petitions have since been dismissed. (See Cal. Rules of Court, rule 3.1332(c)(7).) Finally, defendant has not shown that he has...
2022.03.04 Motion to Quash Service of Summons 246
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.03.04
Excerpt: ... notice request number six is DENIED as irrelevant. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6.) With regard to request number one, this Court can only take judicial notice of facts to the extent that they are not or cannot be disputed. (Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 375–376.) Plaintiff asks that this Court take judicial notice of the fact that defendant “Phillips 66 is a for‐hire motor carrier (USDOT n...
2022.02.25 Motion for Summary Adjudication 692
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.02.25
Excerpt: ...)(1), provides two alternative prongs to prove malice – by showing intentional conduct or by showing despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. Defendant proffers UMF 10 to address the intentional prong of the statute; however, the only admissible evidence provided to the Court in support of said UMF is defendant's self‐serving declaration. (UMF 10; Gotelli...
2022.02.24 Demurrer 911
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.02.24
Excerpt: ...ubd. (a).) Specifically, defendant, as the owner of the documents at issue, directed respondent California Commission on Peace Officer Standards and Training to produce only redacted copies of said documents to petitioner Electronic Frontier Foundation; thus, in defendant's absence, the Court cannot accord complete relief between petitioner and respondent. (Id.; See Sierra Club Inc. v. Coastal Com. (1979) 95 Cal.App.3d 495, 502; Am. Writ, ¶¶ 21...
2022.02.18 Motion for Attorney Fees 489
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.02.18
Excerpt: ...nds that the operative second amended complaint (“SAC”) is an “action on a contract”, and that the 1995 Declaration contains an attorney's fees provision that is broad enough to encompass all the causes of action found within the SAC. (Civ. Code, § 1717, subd. (a); Douglas E. Barnhart, Inc. v. CMC Fabricators, Inc. (2012) 211 Cal.App.4th 230, 239 – 241; Lerner v. Ward (1993) 13 Cal.App.4th, 155, 159; Cruz v. Ayromloo (2007) 155 Cal.App...
2022.02.17 Motion for Attorney Fees 036
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.02.17
Excerpt: ...e, the attorney's fees requested by petitioner for time actually spent prosecuting the instant action are reasonable. (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1096; Knox Decl., ¶¶ 5 – 10, 12 – 20.) However, the Court declines to award attorney's fees for time not yet incurred ($4,500.00). (Knox Decl., ¶¶ 7, 11D, 12, Exhibit 2, p. 1.) Based on the foregoing, the Court awards defendant $37,530.00 in attorneys' fees. On the Court...
2022.02.16 Motion for Summary Judgment, Adjudication 290
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.02.16
Excerpt: ...ination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6.) Defendant Michaels Stores, Inc.'s objections to evidence as to Mr. Petrovich's declaration paragraphs 12 and 13 and UMF nos. 79‐80 are SUSTAINED. Defendant's objections to evidence as to Mr. Petrovich's declaration paragraphs 20 through 24 and UMF nos. 28, 54, 63, 68‐78, 83, 89‐90, and 99 are OVERRULED. The Court declines to rule on defendant's other 2 of 3...
2022.02.10 Motion to Stay Pending Implementation of Mediation Requirement of Subcontract, to Compel Arbitration 123
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.02.10
Excerpt: ...between plaintiff Swinerton Builders and all defendants in the instant action [and related actions] are subject to the mediation provisions found within the respective subcontracts. (Compl., Exhibits 1 ‐ 16, subds. (d), (e), (f).) The Court further finds that pursuant to said provisions, neither arbitration nor litigation may proceed until such mediation occurs. (See Civ. Code, §§ 1636, 1638; Templeton v. Superior Court, (2006) 144 Cal.App.4t...
2022.02.10 Motion to Correct Filing Date 104
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.02.10
Excerpt: ... (Palagin v. Paniagua Construction, Inc. (2013) 222 Cal.App.4th 124, 140; Burkes v. Robertson (2018) 26 Cal.App.5th 334, 343.) “[T]he employer must post the undertaking before it files its notice of appeal, and no later than 10 days after service of the Commissioner's order.” (Id. at p. 131, emphasis added; see also Burkes v. Robertson (2018) 26 Cal.App.5th 334, 347.) The clerk properly rejected appellant's notice of appeal because appellant ...
2022.02.04 Motion to Set Aside Default, Judgment 238
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.02.04
Excerpt: ...esult of his mistake, inadvertence, surprise, or excusable neglect. (Baratti v. Baratti (1952) 109 Cal.App.2d 917, 921; Douglas decl.) Finally, defendant has failed to establish that he filed the motion diligently after discovering the entry of default and default judgment. (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410.) The notice of motion does not provide notice of this Court's tentative ruling system as required by Local Rule 11...
2022.02.02 Motion to Compel Further Responses 672
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.02.02
Excerpt: ... Superior Court (1998) 61 Cal.App.4th 1431, 1438; Clement v. Allegre (2009) 177 Cal.App.4th 1277, 1294; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) The court finds that plaintiff's counsel's sole meet and confer letter to defendant Cesar Pedroia's counsel on December 16, 2021, was insufficient to meet the requirements of Code of Civil Procedure section 2016.040 prior to the filing of the instant motion. (See Townsend, supra, at p. ...
2022.01.28 Motion for Reconsideration 712
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.01.28
Excerpt: ...aw”; thus, are not a proper basis for reconsideration. (Code Civ. Proc., § 1008, subd. (a); Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 202; see Morris v. AGFA Corp. (2006) 144 Cal.App.4th 1452.) The Court further finds that even if the assignments were considered “new or different facts, circumstances, or law”, HOA has failed to provide any explanation, much less a strong showing of diligence, as to why HOA did obtai...
2022.01.27 Motion for Summary Adjudication 126
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.01.27
Excerpt: ...red document is irrelevant to the Court's determination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6.) Defendant's motion for summary adjudication as to issues 1‐3 is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code Civ. Proc., § 437c...
2022.01.25 Demurrer 830
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.01.25
Excerpt: ...Defendant's demurrer to the second cause of action within plaintiff's complaint for unjust enrichment is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff has alleged the requisite elements to maintain this cause of action. (Prakashpalan v. Engstrom, Lipscomb & Lack (2014) 223 Cal.App.4th 1105, 1132; Am. Compl., ¶¶ 16, 40, 58.) Defendant's demurrer to the third cause of action within plaintiff's complaint for a violation of Californ...
2022.01.25 Demurrer 686
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.01.25
Excerpt: ... for leave to amend. The right to amend is limited to the original complaint; there is no right to amend, without leave, an amended complaint. (See Code Civ. Proc., § 472.) Defendant South Tahoe Public Utility District's unopposed request for judicial notice of Exhibits 1 through 5 is GRANTED. (Evid. Code, §§ 452, subds. (c), (h); 453.) Defendant's demurrer to the amended complaint and each cause of action on the basis that the complaint fails...
2022.01.13 Motion for Leave to File Special Motion to Strike 995
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.01.13
Excerpt: ...n…” (Platypus Wear, Inc. v. Goldberg (2008) 166 Cal.App.4th 772, 787 [“Platypus”].) However, “a trial court must be wary about freely granting a party the right to file an anti‐SLAPP motion past the 60–day deadline.” (Ibid.) “In exercising its discretion in considering a party's request to file an anti‐SLAPP motion after the 60–day period, a trial court must carefully consider whether allowing such a filing is consistent wit...
2022.01.05 Demurrer 528
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2022.01.05
Excerpt: ... dealing causes of action by alleging that ZNEA failed to pay money owed to plaintiff. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186; Thrifty Payless, Inc. v. The Americana at Brand, LLC (2013) 218 Cal.App.4th 1230, 1244; FAC, ¶¶ 51, 54.) Defendants' demurrer to plaintiff's FAC as to the third and fourth causes of action is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) “An omission to perform a contract ob...
2021.12.29 Motion to Compel Arbitration 800
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.12.29
Excerpt: ...date, the arbitration hearing has yet to occur. (Briggs Decl., ¶¶ 4, 8, 11 – 14, Exs. 3, 4.) The parties SHALL meet and confer and select a new arbitration hearing date by January 28, 2022, with said hearing to occur before the case management conference set for April 4, 2022. (See Code Civ. Proc., § 128, subds. (a)(1) – (4).) Plaintiff's request for sanctions is DENIED. (Code Civ. Proc., § 177.5.) The Court finds that plaintiff has faile...
2021.12.22 Motion to Strike FAC 502
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.12.22
Excerpt: ...43; Ostling v. Loring (1994) 27 Cal.App.4th 1731, 1744; Crestmar Owners Assn. v. Stapakis (2007) 157 Cal.App.4th 1223, 1230–1231 [“When amendments to a complaint contain substantive changes….a defaulting defendant against whom the court has not yet entered judgment has the right to appear in the action to answer the amended complaint”].) Defendant shall file an answer to the FAC by no later than January 3, 2022 (10 days after the hearing)...
2021.12.22 Motion for Summary Judgment, Adjudication 738
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.12.22
Excerpt: ...d 597, 600; Trafton v. Youngblood (1968) 69 Cal.2d 17, 25 [“If the account is sent to the debtor and he does not object to it within a reasonable time, his acquiescence will be taken as an admission that the account is truly stated.”]; UMF 9‐16.) 2 of 2 Plaintiff has established all required elements for open book account (issue 1) against defendant. (Code Civ. Proc., § 337a; see also Interstate Group Administrators, Inc. v. Cravens, Darga...
2021.12.16 Motion for Summary Judgment, Adjudication 518
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.12.16
Excerpt: ...ode Civ. Proc., § 437c, subd. (q).) Defendant's request for judicial notice is GRANTED IN PART. (Evid. Code, §§ 452, 453.) While the Court takes judicial notice of document no. 1, the Court declines to take judicial notice of documents nos. 2 and 3 because these documents are irrelevant to the Court's determination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6 [“Rowland”].) Plaintiff's request for judicial noti...
2021.12.14 Application for Right to Attach Order 528
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.12.14
Excerpt: ... the evidence objected to in making its determination. (Reply, p. 6.) Plaintiff's application for right to attach order is DENIED. (Code Civ. Proc., § 484.010 et seq.) Plaintiff has not “established the probable validity of the claim upon which the attachment is based.” (Code Civ. Proc., § 484.090, subd. (a)(2); Santa Clara Waste Water Co. v. Allied World National Assurance Co. (2017) 18 Cal.App.5th 881, 885.) While plaintiff has shown a pr...
2021.12.08 Motion for Judgment on the Pleadings 248
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.12.08
Excerpt: ...ion. However, the Court does not consider this paragraph, as it is irrelevant to the disposition of the instant motion. 2 of 3 Plaintiff's motion for judgment on the pleadings is DENIED. (Code Civ. Proc., § 438, subd. (c)(1)(B).) Plaintiff has failed to show that defendant is not “beneficially interested in the controversy,” such that he lacks standing to bring the cross‐complaint. (Boorstein v. CBS Interactive, Inc. (2013) 222 Cal.App.4th...
2021.11.19 Petition to Compel Binding Arbitration 464
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.11.19
Excerpt: ...ity.” (Jenks v. DLA Piper Rudnick Gray Cary US LLP (2015) 243 Cal.App.4th 1, 8.) Defendant has established the existence of an arbitration clause in the Residence and Services Agreement (“Agreement”), signed by plaintiff. (Faris decl., ¶¶ 4, 6, Exhibit B, pp. 20‐21.) The Court finds the case of Harris v. University Village Thousand Oaks, CCNC, LLC (2020) 49 Cal. App. 5th 847 distinguishable. The Harris court held that “Civil Code sect...
2021.11.17 Application for Determination of Good Faith Settlement 274
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.11.17
Excerpt: ... (Franklin Mint Co. v. Superior Court (2005) 130 Cal.App.4th 1550, 1558 [party seeking determination of good faith of settlement must set forth the value of the consideration paid and an evidentiary basis for that valuation, and must demonstrate that the valuation was reached in a sufficiently adversarial manner to justify the presumption that a reasonable valuation was reached].) Defendants failed to attach a copy of the settlement agreement ide...
2021.11.16 Motion for Attorney Fees 756
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.11.16
Excerpt: ...on Universal as the Court did not rely upon the paragraphs and corresponding exhibits challenged in determining the instant motion. Plaintiff Stella Roser's motion for attorneys' fees, costs and expenses is GRANTED IN PART. (Civ. Code, § 1794, subd. (d).) For purposes of Civil Code section 1794(d), plaintiff is the prevailing party. (See Mikhov decl., ¶ 27, Exhibit D.) The Court finds the proffered hourly rates claimed by Knight Law Group reaso...
2021.11.10 Motion to Continue Trial 622
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.11.10
Excerpt: ...w defendants have been served with the summons and complaint. (See Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808–809; Cal. Rules of Court, rule 3.1332(c)(5), (7); Hodson decl., ¶ 3.) Additionally, plaintiff has not established that he has been unable to obtain essential testimony, documents, or other material evidence despite diligent efforts, given that the newly named defendants are not yet apart of this action. (Cal. Rules of Cour...
2021.11.10 Demurrer, Motion to Strike 406
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.11.10
Excerpt: ...rounds” to overrule or sustain a demurrer or to grant or deny a motion to strike. (Code Civ. Proc., §§ 430.41, subd. (a)(4), 435.5, subd. (a)(4).) The Court also notes that the instant motion was timely filed with the Court. (Code Civ. Proc., § 1005, subd. (b).) Defendants' demurrer to plaintiff Good2Go Health's second amended complaint (“SAC”) is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) “A demurrer does not lie to a portion...
2021.11.02 Motion for Summary Adjudication 580
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.11.02
Excerpt: .... Proc., §§ 337a, 437c, subd. (p)(2); KOVR‐TV, Inc. v. Superior Court (1995) 31 Cal.App.4th 1023, 1027 – 1028; CACI 372.) Plaintiff has provided evidence of unpaid financial transactions between the parties for direct services provided by plaintiff to defendant (unrelated to third‐party transactions). (Botha Decl., ¶ 3, Ex. A.) Plaintiff has also provided evidence of unpaid financial transactions for services provided by plaintiff to a t...
2021.10.21 Motion to Strike Punitive Damages 246
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.10.21
Excerpt: ...al.3d 147, 160; see also Hoch v. Allied‐Signal, Inc. (1994) 24 Cal.App.4th 48, 61; Civ. Code, § 3294; Complaint, ¶¶ 11, 61‐ 62.) As to injunctive relief, plaintiffs have adequately alleged facts establishing that the alleged harm is likely to reoccur. (See Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084; and East Bay Mun. Utility Dist. v. Department of Forestry & Fire Protection (1996) 43 C...
2021.10.12 Demurrer 164
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.10.12
Excerpt: ...nce cause of action against a public entity such as defendant. (Gov. Code, § 815, et seq.; Tolan v. State of California (1979) 100 Cal.App.3d 980, 985; Guzman v. County of Monterey (2009) 46 Cal.4th 887, 897.) Plaintiffs may amend their complaint by no later than October 22, 2021 (10 days after the hearing). (Cal. Rules of Court, rule 3.1320(g).) The Court notes that defendant failed to properly meet and confer “in person or by telephone” pr...
2021.10.08 Motion to Enforce Settlement Agreement, for Dismissal, for Attorney Fees 248
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.10.08
Excerpt: ...sition of the instant motion. Plaintiff's motion to enforce paragraph 11 of the January 26, 2021 stipulation and order thereon, for judgment of dismissal of Thomas Rutaganira's cross‐ complaint, and for attorney's fees and costs is DENIED. (Code Civ. Proc., § 664.6.) A motion to enforce a settlement agreement, under section 664.6, may not “be considered in an action other than the action in which the settlement was made.” (Viejo Bancorp, I...
2021.10.05 Motion for Sanctions 756
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.10.05
Excerpt: ...st…be a showing of an improper purpose, i.e., subjective bad faith on the part of the attorney or party to be sanctioned.”], citation omitted; Code Civ. Proc., § 128.5, subd. (a); Cutler decl.) While final payment was received after the 90‐day deadline, defendant provided an explanation for the delay. (Universal decl., ¶¶ 34‐43.) The Court declines to award plaintiff post‐judgment interest because there was no money judgment. (Code C...
2021.10.01 Motion for Summary Judgment, Adjudication 330
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.10.01
Excerpt: ...ion as the evidence objected to is not germane to the disposition of defendants Jamil L. White, individually and doing business as Louis White, P.C.'s (“defendants”) motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) The Court declines to rule on defendants' evidentiary objections made in their response to plaintiffs' separate statement because “[a]ll written objections to evidence must be served and filed separately from t...
2021.09.30 Demurrer 489
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.09.30
Excerpt: ...irwan (1985) 39 Cal.3d 311, 318.) While the amended CC&Rs were recorded in 1995, plaintiffs Richard Lauckhart, and Sharon Baumgartner and Ron Baumgartner, as trustees of the Baumgartner Family Revocable Trust, have alleged that the signatures to amend the CC&Rs were fraudulently obtained. (Code Civ. Proc., § 343; Costa Serena Owners Coalition v. Costa Serena Architectural Com. (2009) 175 Cal.App.4th 1175, 1193, 1196‐1197 [“Costa Serena”]; ...
2021.08.24 Motion to Tax Costs 366
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.08.24
Excerpt: ...f has demonstrated that $86,152.50 of the sought attorneys' fees are attributable to time spent proving the identified RFAs. (See Code Civ. Proc., § 2033.420, subd. (a); Garcia v. Hyster Co. (1994) 28 Cal.App.4th 724, 763‐737; Vlasak supp. decl., ¶¶ 5‐8, Exhibit F.) Plaintiff is not entitled to recover for time spent drafting the instant motion because section 2033.420(a) limits the award of expenses to “reasonable expenses incurred in�...
2021.08.18 Motion to Stay Action Pending Arbitration 228
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.08.18
Excerpt: ...oyee arising out of their contractual relationship.” (Jarboe, supra, 53 Cal.App.5th at p. 556, citation and internal quotation marks omitted.) “Instead, it is a dispute between an employer and the state, which alleges directly or through its agents—either the Labor and Workforce Development Agency or aggrieved employees—that the employer has violated the Labor Code.” (Id. at p. 556, citation, brackets, and internal quotation marks omitt...
2021.08.18 Motion to Compel Enforcement of Discovery Orders, for Evidentiary, Issue, Terminating, and Monetary Sanctions 984
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.08.18
Excerpt: ...d noncompliance with the Court's prior orders to provide responses to plaintiff's discovery requests and pay monetary sanctions warrants terminating sanctions. (Department of Fair Employment & Housing v. Ottovich (2014) 227 Cal.App.4th 706, 712 – 713.) Defendant's answer is stricken and a judgment by default against defendant shall be entered. (Code Civ. Proc., § 2023.030, subd. (d)(1), (4).) Plaintiff's request for monetary sanctions is GRANT...
2021.07.29 Motion to Tax Costs 941
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.07.29
Excerpt: ...ts for the PMK deposition ($1,140.39) is DENIED. The Court finds that these are allowable costs, defendant has demonstrated that these costs were incurred and necessary to the conduct of the litigation, and plaintiff has failed to demonstrate anything to the contrary. (Code Civ. Proc., § 1033.5, subds. (a)(3), (c)(3) & (4).) 3. The motion to tax costs for duplicative deposition transcript and for the room cancellation charge ($3,614.75) is GRANT...
2021.07.28 Demurrer 662
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.07.28
Excerpt: ...aint are duplicative, and are actually a single cause of action sounding in negligence. (Code Civ. Proc., § 128, subd. (a); Schimmel v. Levin (2012) 195 Cal.App.4th 81, 87 [“Every court has the inherent power, in furtherance of justice, to regulate the proceedings of a trial before it; to effect an orderly disposition of the issues presented; and to control the conduct of all persons in any manner connected therewith. [Citations.] The exercise...
2021.07.27 Motion for Attorney Fees 248
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.07.27
Excerpt: ... and Ms. Nugent ($300.00) reasonable. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Jackson v. Yarbray (2009) 179 Cal.App.4th 75, 93; Heritage Pacific Financial, LLC v. Monroy (2013) 215 Cal.App.4th 972, 1009 [“The court may rely on its own knowledge and familiarity with the legal market in setting a reasonable hourly rate.”]; Sommer decl., ¶¶ 12‐15.) Defendants' requested hours and costs spent on the special motion to strike and t...
2021.07.22 Motion to Stay Action, for Sanctions 726
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.07.22
Excerpt: ... first amended complaint (“FAC”), the Court finds that Civil Code section 895 et seq. (commonly known as the Right to Repair Act) is inapplicable to the instant action. (Acqua Vista Homeowners Assn. v. MWI, Inc. (2017) 7 Cal.App.5th 1129, 1134, 1141 ‐ 1142; see also McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241, 246 – 247; FAC, ¶¶ 4, 11‐14, 22, 32.) Specifically, plaintiff has not sued the builder of her home, and plainti...
2021.07.21 Motion for Attorney Fees 366
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.07.21
Excerpt: ...laintiff has failed demonstrate that the sought attorneys' fees are attributable only to time spent proving the identified RFAs. (See Code Civ. Proc., § 2033.420, subd. (a); Garcia v. Hyster Co. (1994) 28 Cal.App.4th 724, 763‐ 737 [“Nothing in the bare‐bones showing made below, or in the lower court's award, reflects that any consideration was given to the fact that Hyster Company's trial preparation might extend beyond those areas covered...
2021.07.13 Demurrer 666
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.07.13
Excerpt: ...endant County of Yolo. (Guzman v. County of Monterey (2009) 46 Cal.4th 887, 897; Gov. Code, § 815, et seq.) The Court also finds that the claims against defendant County of Yolo have not been pled with the requisite specificity. (Susman v. City of Los Angeles (1969) 269 Cal.App.2d 803, 809; Mittenhuber v. City of Redondo Beach (1983)142 Cal.App.3d 1, 5 – 7; Gov. Code, § 835.) Plaintiffs may amend their complaint consistent with this order by ...
2021.07.09 Demurrer, Motion to Strike 632
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.07.09
Excerpt: ...s failed to provide legal authority that Mr. Pompey's alleged conduct falls outside the scope of “unsafe working conditions” under Labor Code section 6310. (See also Lab. Code, § 6306, subd. (a).) Defendant Roudybush, Inc.'s motion to strike plaintiff's complaint is DENIED. (Code Civ. Proc., §§ 435, 436.) Plaintiff's complaint contains adequate allegations to maintain a punitive damage claim against defendant Roudybush, Inc. (Civ. Code, §...
2021.07.02 Motion for Leave to Take Second Deposition 911
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.07.02
Excerpt: ...lton's initial deposition is good cause to allow a second one to be taken. (Associated Brewers Distributing Co. v. Superior Court of Los Angeles County (1967) 65 Cal. 2d 583, 588.) The deposition shall occur on or before July 16, 2021. Defendant's motion for judgment on the pleadings is DENIED. (Code Civ. Proc., § 438.) The Court finds that plaintiffs' complaint and the Declaration of Restrictions Affecting Willowbank Addition no. 6, subdivision...
2021.06.18 Motion to Dismiss 126
Location: Yolo
Judge: McAdam, Samuel T 10
Hearing Date: 2021.06.18
Excerpt: ...ture of the misconduct (which must be deliberate and egregious, but may or may not violate a prior court order), the strong preference for adjudicating claims on the merits, the integrity of the court as an institution of justice, the effect of the misconduct on a fair resolution of the case, and the availability of other sanctions to cure the harm. (Slesinger, supra, at p. 764, citing Aoude v. Mobile Oil Corp. (1989) 892 F.2d 1115, 1118.) The al...

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