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Location: Yolo x
Judge: McAdam, Samuel T 10 x
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 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...
2022.10.07 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...
2022.09.30 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 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...
2022.06.03 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...
2022.06.01 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...

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