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172 Results

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Location: Yolo x
Judge: McAdam, Samuel T 10 x
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...

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