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64 Results

Location: Amador x
2021.04.26 Motion to Consolidate Cases 080
Location: Amador
Judge: All Departments
Hearing Date: 2021.04.26
Excerpt: ...necessary costs or delay. In support of the motion, Plaintiff argues that the factual issues of both cases are very similar. Dr. Salerno performed a laparoscopic inguinal hernia repair with 3D Bard mesh on both JACK and JUDSON. Both JACK and JUDSON's surgeries failed and both allege they failed because Dr. Salerno failed to properly place the Bard mesh over the hernia defect. Both JACK and JUDSON allege Dr. Salerno dismissed their concerns and re...
2021.04.19 Motion to Quash Service of Summons and Complaint 510
Location: Amador
Judge: All Departments
Hearing Date: 2021.04.19
Excerpt: ... 137 S. Ct. 1773, 1779.) A California court's ability to exercise personal jurisdiction over a defendant based on contacts with a state depends on the nature and quality of defendant's “contacts” with the state. U.S. Supreme Court decisions recognize two types of jurisdiction: (1) general jurisdiction and (2) specific (or case‐linked or limited). (Bristol‐Meyers Squibb Co., supra at pp.1779‐1780.) Jurisdiction over a defendant can be ei...
2021.04.19 Demurrer 892
Location: Amador
Judge: All Departments
Hearing Date: 2021.04.19
Excerpt: ...482.) 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 treat a demurrer as admitting all mater...
2021.04.12 Motion to Object to Application of Good Faith Settlemens 654
Location: Amador
Judge: All Departments
Hearing Date: 2021.04.12
Excerpt: ...he court, together with an application for determination of good faith settlement and a proposed order. The application shall indicate the settling parties, and the basis, terms, and amount of settlement. The notice, application, and proposed order shall be given by certified mail, return receipt requested. Proof of service shall be filed with the court. Within 25 days of mailing the notice, application, and proposed order, or within 20 days or p...
2021.04.12 Motion for Summary Judgment 777
Location: Amador
Judge: All Departments
Hearing Date: 2021.04.12
Excerpt: ...djudication (filed September 2, 2020) as to Plaintiffs' First Amended Complaint (based primarily on which Statute of Limitations applies ‐‐ UCC 3‐118(a) or CCP 337(a)) Determining whether a Statute of Limitations has run or not is ordinarily a question of fact; however, determining which Statute of Limitations applies is a question of law. It is the duty of the trial court to make that determination. (Marron v. Superior Court (2003) 108 Cal...
2021.04.05 Demurrer 674
Location: Amador
Judge: All Departments
Hearing Date: 2021.04.05
Excerpt: ...92) 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.) A court may consider judicially noticeable facts in ruling on a demurrer. (CCP §430.30(a); Stormedia Inc., v. Superior Court (1999) 20 Cal.4th 449, 457 n.9.) Plaintiff is required to plead factual allegations addressing the elemen...
2021.03.29 Motion to Vacate Dismissal 850
Location: Amador
Judge: All Departments
Hearing Date: 2021.03.29
Excerpt: ...f the default in the manner set forth in paragraph 2 of the Stipulation for Conditional Entry of Judgment filed December 28, 2015; 2) A record of all payments made by Defendant pursuant to the Stipulation, and; 3) A detailed description as to Plaintiff's efforts to contact Defendant at all known addresses, email and otherwise, in regard to both the notice of the default and the service of the instant motion. Parties are ordered to personally appe...
2021.03.29 Motion for Summary Judgment 488
Location: Amador
Judge: All Departments
Hearing Date: 2021.03.29
Excerpt: ...on for summary judgment or summary adjudication of issues, burden is on plaintiff to prove every element necessary to establish its right to relief it seeks and to disprove every affirmative defense asserted against it ; until that point, defendant has no burden to produce opposing evidence or to disprove anything at all. (United Community Church v. Garcin (1991) 231 Cal.App.3d 327.) Plaintiff's points and authorities and separate statement fail ...
2021.03.22 Motion to Vacate or Set Aside Judgment 846
Location: Amador
Judge: All Departments
Hearing Date: 2021.03.22
Excerpt: ...d within the 10 year period of enforceability provided by CCP § 683.130(a): (a) In the case of a lump‐sum money judgment or a judgment for possession or sale of property, the application for renewal of the judgment may be filed at any time before the expiration of the 10‐year period of enforceability provided by Section 683.020 or, if the judgment is a renewed judgment, at any time before the expiration of the 10‐year period of enforceabil...
2021.03.22 Motion to Compel Production of Docs, for Monetary Sanctions 797
Location: Amador
Judge: All Departments
Hearing Date: 2021.03.22
Excerpt: ...ght to object, including objections based on privilege or the protection for work product. (CCP § 2031.300(a).) Although Plaintiff did make some attempt to meet and confer before filing the instant motion , meet and confer efforts are not mandatory where no responses whatsoever have been received. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905‐906.) Where no response is received, the party making the demand may move for an order compe...
2020.11.23 Demurrer 632
Location: Amador
Judge: All Departments
Hearing Date: 2020.11.23
Excerpt: ... confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer”. Further, the Memorandum is unsigned by Defendant and was improperly served under CCP § 1013. DEMURRER The function of a demurrer is to test the legal sufficiency of a pleading . (Rakestraw v. Cal. Physicians' Servic...
2020.10.26 Motion for Summary Judgment 430
Location: Amador
Judge: All Departments
Hearing Date: 2020.10.26
Excerpt: ...hall be granted when the moving party demonstrates "that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law CCP Section 437c(c). In making its decision the court may rely on affidavits, declarations, or matter of which judicial notice may be taken. CCP Section 437c(b). On plaintiff's motion for summary judgment or summary adjudication of issues, burden is on plaintiff to prove ev...
2020.10.26 Motion to Strike 958
Location: Amador
Judge: All Departments
Hearing Date: 2020.10.26
Excerpt: ...nostic and Statistical Manual of Mental Disorders, (DSM‐5), Exhibit 1.3‐4, DSM‐5 Diagnostic Criteria for PTSD pursuant to Evidence Code §§ 452(d)(h). Defendant objects to Plaintiff's request on the grounds of lack of authentication, lack of expert testimony and irrelevance. (Evid. Code §§§ 1400, 720, 122, 210) Objection sustained. Factual Summary On or about January 12, 2020, Defendant, Nadine Raymond, commented on a Facebook post of B...
2020.09.21 Demurrer 511
Location: Amador
Judge: All Departments
Hearing Date: 2020.09.21
Excerpt: ...leading . (Rakestraw v. Cal. Physicians' Service (2000) 81 Cal.App.4th 39, 42) In reviewing the sufficiency of a complaint against a general demurrer, the court treats the demurrer as admitting all material facts properly pleaded, as well as matters which may be judicially noticed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) However, contentions, deductions or conclusions of fact or law are insufficient to constitute a cause of action . (Id.) Fa...
2020.09.17 Demurrer 898
Location: Amador
Judge: All Departments
Hearing Date: 2020.09.17
Excerpt: ... (Rakestraw v. Cal. Physicians' Service (2000) 81 Cal.App.4th 39, 42) In reviewing the sufficiency of a complaint against a general demurrer, the court treats the demurrer as admitting all material facts properly pleaded, as well as matters which may be judicially noticed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) However, contentions, deductions or conclusions of fact or law are insufficient to constitute a cause of action . (Id.) “A pleadi...
2020.09.11 Motion to Compel Further Responses 162
Location: Amador
Judge: All Departments
Hearing Date: 2020.09.11
Excerpt: ...set three) Special interrogatory number 6; Request for production number 11 “List of names and addresses of any provider of a collateral source payments affected by Government Code Section 985; and the amount provided to Richard Prasad from each collateral source” Plaintiff is ordered to provide complete and non‐evasive responses to include any additional provider who provided treatment to Richard Prasad from July 17, 2018 to present. In ad...
2020.08.31 Motion to Strike 403
Location: Amador
Judge: All Departments
Hearing Date: 2020.08.31
Excerpt: ...A and DOES 1 through 10, inclusive, knowingly, willfully, and purposefully operated Defendant's vehicle on the public streets and highways after knowingly, willfully and purposefully ingesting intoxicating substances to the point of legal intoxication. Defendant GARCIA and DOES 1 though 10', inclusive, operation of a vehicle while intoxicated at unsafe speeds and in a reckless manner caused the collusion with Plaintiff 's vehicle. These actions c...
2020.08.21 Motion to Strike 303
Location: Amador
Judge: All Departments
Hearing Date: 2020.08.21
Excerpt: ...requests the court take judicial notice of the complete record and file in Amador Superior Court Case No . 17 CR 26191‐03 pursuant to Evidence Code §§ 452 and 453. Plaintiff's request for judicial notice is granted as the contents of the file are relevant in showing the conflict between the parties is personal, and not of public interest. Evidentiary Objections – Moving Party Defendant Objection No. 1 – Declaration of Cameron Crocker, p. ...
2020.08.21 Demurrer, Motion to Strike 898
Location: Amador
Judge: All Departments
Hearing Date: 2020.08.21
Excerpt: ...E RULING: PART 3 In their Reply, Defendant argues such statements, made in the course of a judicial proceeding, are completely privileged and cannot form the basis for a slander cause of action citing Civil Code § 47 and Oren Royal Oaks Venture v. Greenberg, Bernhard, Weiss & Karma, Inc. (1986) 42 Cal.3d 1157, 1163. (Reply, p. 2 lines 12‐16) However, the court in Flatley v. Mauro, 39 Cal.4th 299 at 324 did not find the privilege to be so absol...
2020.08.07 Motion to Vacate or Set Aside Judgment 819
Location: Amador
Judge: All Departments
Hearing Date: 2020.08.07
Excerpt: ...trial on the merits. ( Ramsey Trucking Co. v. Mitchell (1961) 195 Cal.App.2d 621.) “Even in a case where the showing under section 473 is not strong, or where there is any doubt as to setting aside of a default, such doubt should be resolved in favor of the application.” (Rosenthal v. Gardner (1983) 142 Cal.App.3d 891, 898.) Mistake, inadvertence or neglect will warrant relief from a default if, upon consideration of the evidence it is found ...
2020.08.07 Motion for Attorney's Fees 752
Location: Amador
Judge: All Departments
Hearing Date: 2020.08.07
Excerpt: ...regate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action. Thus, the statute includes a “reasonable attorney's fees” standard. The attorney bears the burden of proof as to reasonableness of any fee claim. CCP §1033.5(c)(5). This burden requires competent evidence as to th...
2020.03.13 Motion to Compel Responses, for Sanctions 430
Location: Amador
Judge: All Departments
Hearing Date: 2020.03.13
Excerpt: ...er Andrea C. Sexton. Any party who objects to the Commissioner hearing this matter must notify the court at the time of the hearing. Since no judge will be available for this law and motion calendar, if any party objects, the matter will be continued to March 27, 2020 at 10:00 a.m. in Department 2. Plaintiff's Motion to Compel Defendant's Responses to Interrogatories & Request for Admissions and Deem all Objections Waived and all Matters in Reque...
2020.03.13 Demurrer 754
Location: Amador
Judge: All Departments
Hearing Date: 2020.03.13
Excerpt: ...rch 27, 2020, at 10:00 a.m. in Department 2. If there is no objection to the Commissioner, but a party wishes to present oral argument at the hearing, the party must notify the Court in the same manner as indicated above. (See Local Rule 4.03.) If you do not so notify the parties or the Court, the tentative ruling shall become the final ruling. (California Rule of Court 3.1308; Local Rule 4.03.B.) Defendant's demurrer to the Plaintiff's Second Am...
2020.03.3 Motion for Continuance 397
Location: Amador
Judge: All Departments
Hearing Date: 2020.03.3
Excerpt: ...verned by the course which seems most likely to accomplish substantial justice. The court finds based on the moving papers that Defendant has not made an affirmative showing of good cause requiring the trial to be continued. The court further notes, although not raised by either party, that no information regarding the exchange of information concerning expert trial witnesses pursuant to the Civil Discovery Act is addressed in the instant motion....
2020.02.14 Special Motion to Strike 315
Location: Amador
Judge: All Departments
Hearing Date: 2020.02.14
Excerpt: ...i Cavana declaration ¶ 12 –Vague. Lacks foundation and calls for speculation. Irrelevant. Objection sustained. Objection No. 16, Joe Cavana declaration ¶ 4 – Layered hearsay. Lacks foundation and calls for speculation. Irrelevant. Assumes facts not in evidence. Objection sustained. Objection No. 17, Joe Cavana declaration ¶ 4 – Layered hearsay. Lacks foundation and calls for speculation. Irrelevant. Assumes facts not in evidence. Objecti...

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