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93 Results

Location: Amador x
2022.05.18 Demurrer to FAC 921
Location: Amador
Judge: All Departments
Hearing Date: 2022.05.18
Excerpt: ...plaint on the grounds that they fail to state allegations sufficient to constitute a cause of action against it. The Court rules as follows: 1. FIRST CAUSE OF ACTION ‐ LIBEL: Vicarious liability of County of Amador for action of Defendant Forster, Member of its Board of Supervisors. Sustained without leave to amend for failure to state a valid cause of action necessary to establish vicarious liability against County of Amador for the acts of De...
2022.04.05 Demurrer 313
Location: Amador
Judge: All Departments
Hearing Date: 2022.04.05
Excerpt: ...t plead specific facts to establish every element of a cause of action. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 879.) A court should treat a demurrer as admitting all material facts that are properly pled, but need not accept conclusions, contentions or deductions of law or fact. (Blank, 39 Cal.3d at 318.) Plaintiff is required to plead factual allegations addressing the elements of each cause of action. Although pleadings are ...
2022.03.17 Demurrer, Motion to Arbitrate and Stay Case 313
Location: Amador
Judge: All Departments
Hearing Date: 2022.03.17
Excerpt: ...ause of action. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 879.) A court should treat a demurrer as admitting all material facts that are properly pled, but need not accept conclusions, contentions or deductions of law or fact. (Blank, 39 Cal.3d at 318.) Plaintiff is required to plead factual allegations addressing the elements of each cause of action. Although pleadings are to be liberally construed, they must nonetheless set for...
2022.03.04 Demurrer 136
Location: Amador
Judge: All Departments
Hearing Date: 2022.03.04
Excerpt: ...ection. Defendant's requests are GRANTED. Demurrer A demurrer challenges the sufficiency of a complaint based on defects that appear on its face or from matters that are subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; CCP §430.10.) To survive a demurrer, a complaint must plead specific facts to establish every element of a cause of action. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 879.) A court should tre...
2022.02.14 Motions for Sanctions, to Compel Production of Docs, for Terminating Sanctions, to File FAC 114
Location: Amador
Judge: All Departments
Hearing Date: 2022.02.14
Excerpt: ...n Department 1. Plaintiff's Motion to file First Amended Complaint is DENIED without prejudice. CRC 1.21(a) provides: “Whenever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented.” (Emphasis added.) Plaintiff filed a proof of service on November 10, 2021 showing Defendant Shawn Karai, dba New York Family Fitness, was personally served with the motion on October 14, 2021...
2022.02.14 Motion for Trial Preference 813
Location: Amador
Judge: All Departments
Hearing Date: 2022.02.14
Excerpt: ...as a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. … (f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of...
2022.02.14 Motion for Reconsideration 287
Location: Amador
Judge: All Departments
Hearing Date: 2022.02.14
Excerpt: ...on new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. CCP §1008(a) (emphasis added). R...
2022.01.03 Motion for Separate Trials 702
Location: Amador
Judge: All Departments
Hearing Date: 2022.01.03
Excerpt: ...al economy, increase potential settlement, and avoid prejudice to Defendant SUN 49er. Defendant argues that due to Plaintiff ADAMS intoxication at the time of the fall, liability is strongly contested, but will only take 5 days or less to try, including jury selection, while the damages issues are more complex, and due to the number of witnesses and expert witnesses, will take closer to 30 to 35 days to try. (Witzman Decl., ¶ 3, ¶ 9.) Defense c...
2022.01.03 Demurrer 670
Location: Amador
Judge: All Departments
Hearing Date: 2022.01.03
Excerpt: ...orp. (1992) 4 Cal.App.4th 857, 879.) A court should treat a demurrer as admitting all material facts that are properly pled, but need not accept conclusions, contentions or deductions of law or fact. (Blank, 39 Cal.3d at 318.) Plaintiff is required to plead factual allegations addressing the elements of each cause of action . Although pleadings are to be liberally construed, they must nonetheless set forth essential facts with reasonable precisio...
2021.12.13 Motion to Strike 094
Location: Amador
Judge: All Departments
Hearing Date: 2021.12.13
Excerpt: ...quest for judicial notice is granted. Motion to Strike Per CCP §436, the court may, upon a motion made pursuant to CCP §435 or at any time in its discretion, strike out “any irrelevant, false, or improper matter inserted in any pleading” or strike “out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Twenty‐First Affirmative Defense: Plaintiff moves ...
2021.12.13 Motion for Reconsideration 813
Location: Amador
Judge: All Departments
Hearing Date: 2021.12.13
Excerpt: ...e of Plaintiff's fax transmission is unsupported by legal authority. Plaintiff's request is DENIED. Timeliness: The court's ruling was served by mail on September 23, 2021. Plaintiff's motion for reconsideration was filed on October 13, 2021 and a “Second Amended” motion for reconsideration was filed on October 14, 2021. Plaintiff attaches a purported copy of the stamped envelope from the court alleging it shows that the ruling was not actual...
2021.12.06 Motion for Forensic Document Examination 114
Location: Amador
Judge: All Departments
Hearing Date: 2021.12.06
Excerpt: ...s is DENIED. 1) Plaintiff's Motion for Order for Forensic Document Examination: Plaintiff's motion alleges that in response to discovery requests, Defendant provided a copy of an “Addendum to Membership Agreement” and that the purported signature of Plaintiff on that agreement is a forgery . Plaintiff now seeks an order that Defendant pay for “all expenditures for the forensic examination”. Plaintiff provides no legal authority for the no...
2021.11.22 Motion for Attorney Fees 191
Location: Amador
Judge: All Departments
Hearing Date: 2021.11.22
Excerpt: ... on contracts).) Plaintiff's requests attorneys' fees in the amount of $2,500, pursuant to Civil Code § 1717: (a) In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specif...
2021.11.18 Demurrer, Motion to Strike 101
Location: Amador
Judge: All Departments
Hearing Date: 2021.11.18
Excerpt: ...ontractor's License pursuant to Ev. Code § 452. (Defendant's P&A's, pg. 7, lines 7‐25.) Plaintiff objects on the grounds that the document (building permit) has not been authenticated and the request does not include the declaration of any witness with personal knowledge of Exhibit A. Further, Defendant offers no authenticated copy of Dave Evans' license. The listing of a name and number on an application for a building permit is not sufficien...
2021.11.08 Motion to Strike, to Compel Arbitration and Stay Entire Action 803
Location: Amador
Judge: All Departments
Hearing Date: 2021.11.08
Excerpt: ...s granted. 2. All pleading and papers filed in this case. No objection, Plaintiff's request is granted. 3. The court's order dated April 19, 2021 granting Plaintiff's Motion to Compel the Deposition of Debbie LaVielle and Production of Documents and the court's order dated August 23, 2021, granting Plaintiff's Motion to Compel the Deposition of the PMK regarding Admission and resetting the Motion to Strike and Request for Sanctions to October 4, ...
2021.11.01 Application for Protective Order Allowing Additional Time for Testimony, for Sanctions 146
Location: Amador
Judge: All Departments
Hearing Date: 2021.11.01
Excerpt: ...s showing reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (CCP §2016.040.) While the moving party's declaration and the transcript attached show that Mr. Fick did attempt, several times throughout Mr. Faro's deposition, to communicate to Mr. Small that Mr. Faro's conduct was unacceptable, this does not constitute a sufficient meet and confer declaration stating facts showing reasonable and good ...
2021.10.25 Motion to Vacate or Set Aside Judgment 557
Location: Amador
Judge: All Departments
Hearing Date: 2021.10.25
Excerpt: ...nt.” (Opposition, Exh. 2.) There is no objection. Plaintiff's request for judicial notice should is GRANTED. Law and analysis: Defendant first seeks relief from the judgment under CCP § 473(b), for “mistake”. However, CCP § 473(b) provides, in part, “Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made wi...
2021.10.21 Motion to Strike, Demurrer 101
Location: Amador
Judge: All Departments
Hearing Date: 2021.10.21
Excerpt: ...e any Property Levied Upon Pursuant to the Writ filed September 28, 2021 is STRICKEN. California Code of Civil Procedure § 1008 governs motions for reconsideration. Subdivision (a) provides: When an application for an order has been made to a judge, or to a court, and refused in whole or in part… any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or differ...
2021.09.13 Motion to Lift Automatic Stay, for Monetary Sanctions 813
Location: Amador
Judge: All Departments
Hearing Date: 2021.09.13
Excerpt: ...sted as to that tentative ruling and it was adopted by the court on August 9, 2021. “… the pendency of an appeal does not divest the trial court of jurisdiction to determine ancillary or collateral matters which do not affect the judgment on appeal. (Silver v. Gold (1989) 211 Cal.App.3d 17, 26.) Whether a matter is “embraced” in or “affected” by a judgment within the meaning of section 916 depends upon whether postjudgment trial court...
2021.09.13 Demurrer 388
Location: Amador
Judge: All Departments
Hearing Date: 2021.09.13
Excerpt: ...s and Restrictions of Jackson View, recorded December 19, 2006 with the Amador County Recorder as Document No. 2006‐0014765‐00. (Defendant's RJN Exh. B.) 3. Deed of Trust, recorded June 29, 2007, with the Amador County Recorder as Document No. 2007‐0007342‐00. (Defendant's RJN Exh. C.) 4. Modification of Deed of Trust, recorded December 31, 2007, with the Amador County Recorder as Document No. 2007‐0013669‐00. (Defendant's RJN Exh. D....
2021.08.23 Motion to Strike 036
Location: Amador
Judge: All Departments
Hearing Date: 2021.08.23
Excerpt: ...e Code §§ 452(b)(g)(h). (Defendant's Accompanying Statement of Evidence, Exh. 11.) 4. At all times relevant, Dr. Robert Russell was Superintendent of the Amador County Office of Education pursuant to Evidence Code §§ 452(g)(h). 5. At all times relevant, Dr. Amy Slavensky was Superintendent of the Amador County Unified School District pursuant to Evidence Code §§ 452(g)(h). 6. On April 28, 2020, Plaintiff filed a complaint alleging sexual ha...
2021.08.19 Motion to Compel Deposition of PMQ, for Sanctions 162
Location: Amador
Judge: All Departments
Hearing Date: 2021.08.19
Excerpt: ...lified Regarding the History of Centerline Rumble Strips on State Route 16 2. Motion to Compel the Deposition of Caltrans Person Most Qualified Regarding the Roadway Departure Safety Implementation Plan and Centerline Rumble Strips 3. Motion to Compel the Deposition of Caltrans Custodian of Records These matters need to be discussed at the hearing on August 19, 2021. In reviewing the three motions, the defendant Department of Transportation throu...
2021.08.16 Demurrer 670
Location: Amador
Judge: All Departments
Hearing Date: 2021.08.16
Excerpt: ...at the trial court shall take judicial notice of any matter specified in Section 452 if the party requests it and: Gives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request; and furnishes the court with sufficient information to enable it to take judicial notice of the matter. Plaintiff objects to request for judicial notice of the Order issued by the...
2021.08.09 Motion to Lift Automatic Stay, for Monetary Sanctions 813
Location: Amador
Judge: All Departments
Hearing Date: 2021.08.09
Excerpt: ... the length of time since the incident, the court finds that Defendant's motion needs to be addressed and that Plaintiff should have the opportunity to respond to the legal argument in Defendant RUSHING's Reply. Therefore, the court orders the hearing date is continued to the date above, and that Plaintiff may file further responsive pleadings no later than five (5) calendar days prior to the hearing. Unless a hearing is requested, this ruling is...
2021.08.09 Motion for Summary Judgment 132
Location: Amador
Judge: All Departments
Hearing Date: 2021.08.09
Excerpt: ...nt. There are no objections to Defendant's request(s) for judicial notice. Defendant's request is GRANTED. Court rules on evidentiary objections as follows: Opposing party Plaintiff made no evidentiary objections. Moving party Defendant made the following objections to Plaintiff's Statement of Undisputed Facts and Plaintiff's Response to Defendant's Undisputed Material Facts: • Objection No. 1 – UMF's Nos. 1, 2, 3, 5, 6, and 8. Pursuant to CC...

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