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43 Results

Location: Amador x
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...
2020.01.31 Special Motion to Strike 315
Location: Amador
Judge: All Departments
Hearing Date: 2020.01.31
Excerpt: ...ctual conclusion, 4) Exhibit A is irrelevant. Objection sustained. Objection No. 2, Terri Cavana declaration ¶ 6 – Hearsay. Objection sustained. Objection No. 3, Terri Cavana declaration ¶ 6 – Hearsay. Lack of foundation for authentication of Exhibit A (Facebook post). Objection sustained. Objection No. 4, Terri Cavana declaration ¶ 6 – Hearsay. Lack of foundation for authentication of Exhibit A (Facebook post), Exhibit A speaks for itse...
2020.01.10 Motion to Quash Subpoena Duces Tecum 811
Location: Amador
Judge: All Departments
Hearing Date: 2020.01.10
Excerpt: ...erly served to Petitioner' s counsel pursuant to CCP §2020.410(c) and CCP §1985.3(g). The documents requested, on their face, are irrelevant to the conservatorship of the person of Lois Herrick, which involves helping her take care of her daily needs, and does not pertain to her finances. The Objector's subpoenas appear to reference Ms. Herrick's well‐being in their stated purpose, but are wide ranging and extensive, invasive of her privacy a...
2020.01.10 Demurrer 132
Location: Amador
Judge: All Departments
Hearing Date: 2020.01.10
Excerpt: ...nges 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 material facts that are properly pled...
2019.12.20 Demurrer 983
Location: Amador
Judge: All Departments
Hearing Date: 2019.12.20
Excerpt: ...4) 122 Cal.App.4th 659, 664.) “The exhaustion requirement is jurisdictional: a court cannot hear a case before a litigant exhausts administrative remedies.” (Id. at 664‐665.) The failure to exhaust administrative remedies is the proper basis for a demurrer. (Id. at 671.) A complaint is vulnerable to demurrer on administrative exhaustion grounds when it fails to plead that either administrative remedies were exhausted or that a valid excuse ...
2019.12.13 Motion for Trial Preference 072
Location: Amador
Judge: All Departments
Hearing Date: 2019.12.13
Excerpt: ...tion for preference in trial setting under CCP §36(b) is GRANTED. The court finds that Plaintiffs' motion and accompanying declarations are sufficient to establish that two (2) of the four (4) Plaintiffs are under the age of 14 and have a substantial interest in the action as a whole. Defendants offer no legal authority to support the notion that the mandatory language of CCP § 36(b) does not apply in this context. This matter shall be set for ...
2019.12.13 Motion to Strike 132
Location: Amador
Judge: All Departments
Hearing Date: 2019.12.13
Excerpt: ...n Department 2. Defendant's demurrer to the Plaintiff's First Amended Complaint is OVERRULED. (CCP § 430.10(e).). Defendants are ordered to file and serve an Answer within five (5) days of the date of this ruling. (CCP §1167.3.) Defendant's motion to strike is GRANTED in part. “CITY OF SUTTER CREEK, AND” shall be stricken from the Second Cause of Action – Premises Liability, Prem. L‐5. A demurrer challenges the sufficiency of a complain...
2019.11.15 Request for Sanctions 524
Location: Amador
Judge: All Departments
Hearing Date: 2019.11.15
Excerpt: ...answer or production, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. “Substantial justification” is generally defined as being justified to a degree that could satisfy a reasonable person or stated another way, that it has a reasonable basis both in law and fact. The burden for proving substantial justification for failing to com...
2019.11.15 Motion for Attorneys' Fees 301
Location: Amador
Judge: All Departments
Hearing Date: 2019.11.15
Excerpt: ... fees is at the discretion of the court. Although the purpose of CCP § 527.6 is to provide expedited injunctive relief to victims of harassment, the party to be enjoined has certain important due process safeguards. The defendant is entitled to a full opportunity to present his or her case, with the judge required to receive relevant testimony and to find the existence of harassment by clear and convincing proof of a course of conduct that actua...
2019.11.8 Demurrer 080
Location: Amador
Judge: All Departments
Hearing Date: 2019.11.8
Excerpt: ... is proper where the pleading does not state facts sufficient to constitute a cause of action . (CCP § 430.10(e).) A complaint “is sufficient if it alleges ultimate rather than evidentiary facts ” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550), but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and ...
2019.11.1 Demurrer 754
Location: Amador
Judge: All Departments
Hearing Date: 2019.11.1
Excerpt: ...vember 22, 2019 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.) Tentative Ruling: (1) To sustain the demurrer a...
2019.9.13 Demurrer 857
Location: Amador
Judge: All Departments
Hearing Date: 2019.9.13
Excerpt: ...fendant did not attach an Exhibit A to the Request filed July 2, 2019. However, Exhibit A was attached to Defendant's Request for Judicial Notice filed February 15, 2019. Exhibit A in that request is interpreted to be the same April 16, 2018 letter from the VCGCB. Evidence Code § 453(b) provides that the trial court shall take judicial notice of any matter specified in Section 452 if the party requests it and: (a) Gives each adverse party suffic...
2019.8.9 Motion to Compel Production of Docs, for Sanctions 414
Location: Amador
Judge: All Departments
Hearing Date: 2019.8.9
Excerpt: ...Evatt simply states Ms. Evatt's belief that the emails are not relevant to the case as they relate to public, not private, access to Amador Lane. (See Exh. 3 to Hobson Declaration in Support of Motion.) “For discovery purposes, information is relevant if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement…Admissibility is not the test and information unless privileged, is discoverable if ...
2019.8.2 Motion for Judgment 777
Location: Amador
Judge: All Departments
Hearing Date: 2019.8.2
Excerpt: ...motion for summary judgment, which shall be considered by the court first, defendant's motion for judgment on the pleadings is denied as moot. Even if the court was to consider the motion for judgment on the pleadings, the court finds there are procedural reasons this court cannot entertain defendant's motion. Defendant's motion is barred by CCP § 438(g)(2). CCP § 438(g)(2) provides that a statutory motion for judgment on the pleadings may be m...
2019.8.2 Motion for Summary Judgment 777
Location: Amador
Judge: All Departments
Hearing Date: 2019.8.2
Excerpt: ...2. Objection 13: Sustained in part as to “profits;” overruled as to “I lost my entire investment.” The motion for summary judgment filed by plaintiffs CIRO TOMA and HELENA ANDERSON is GRANTED. In light of this indicated ruling, the alternative motion for summary adjudication on defendant's liability on plaintiffs' first cause of action for breach of contract is moot. The court notes, however, that plaintiffs' separate statement fails to c...
2019.5.24 Demurrer 857
Location: Amador
Judge: All Departments
Hearing Date: 2019.5.24
Excerpt: ...equest for judicial notice is GRANTED. (Evidence Code § 453.) DEMURRER To sustain Defendants' demurrer in part, as follows: Demurrer is sustained without leave to amend; the court finds the action is time‐barred by Plaintiff's failure to timely file the complaint within six months after the Victim Compensation and Government Claims Board (hereinafter “VCGCB”) rejected the claim, and therefore fails to state facts sufficient to constitute a...
2019.4.26 Motion to Quash Service of Summons 146
Location: Amador
Judge: All Departments
Hearing Date: 2019.4.26
Excerpt: ...of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” The Court finds the motion to quash was timely filed on the last day of cross‐defendant's time to plead. The cross‐complainant bears the initial burden of proof to demonstrate by a preponderance of the evidence that minimum contacts exist between the cross‐ defendant and the forum state ...
2019.3.1 Motion to Declare Vexatious Litigant 112
Location: Amador
Judge: All Departments
Hearing Date: 2019.3.1
Excerpt: ... take Judicial Notice of Exhibit Nos. 1‐25. The request is granted. (Evid. Code §§ 452(d), 453.) RULING ON MOTION: The motion is granted. The Court notes Cross‐Complainant PIERSON's untimely service of his opposition to the motions to deem him a vexatious litigant, and to require the furnishing of a bond. PIERSON filed an ex parte motion, which was granted, continuing the hearing date on the motion from January 25, 2019 to March 1, 2019. Al...
2019.2.15 Demurrer 832
Location: Amador
Judge: All Departments
Hearing Date: 2019.2.15
Excerpt: ...elephone using the CourtCall system. Commissioner Andrea C. Sexton will act as judge pro tem on this law and motion calendar and has issued this tentative ruling. Any party who does not wish to stipulate to the Commissioner hearing this matter must notify the court at the time of hearing. Since no judge will be available for this law and motion calendar, if any party declines to stipulate, the matter will be continued to February 22, 2019, at 10:...
2019.1.18 Demurrer 031
Location: Amador
Judge: All Departments
Hearing Date: 2019.1.18
Excerpt: ...for Dismissal (form CIV‐110) in order to dismiss RACHEL WEINER HESS. The following tentative ruling is issued as to the motions before the court: 1. As outlined in further detail below, the demurrer IS SUSTAINED WITHOUT LEAVE TO AMEND as to the third, sixth, seventh, tenth, eleventh, twelfth, thirteenth, fourteenth, and fifteenth causes of action. The demurrer is OVERRULED as to the fifth cause of action (breach of contract) only. 2. The unoppo...
2019.1.11 Motion for Summary Judgment 330
Location: Amador
Judge: All Departments
Hearing Date: 2019.1.11
Excerpt: ...documents such as pleadings, and their proper interpretation, are not subject to judicial notice. (Tenet Healthsystem Desert, Inc. v. Blue Cross of California (2016) 245 Cal.App.4th 821, 835.) Moving Party KMPUD filed two separate requests for judicial notice, filed October 16, 2018 and December 28, 2018 respectively. KMPUD requests the court take judicial notice of: October 16, 2018 RJN 1.First Amended Complaint filed in the Superior Court, Coun...
2019.1.4 Motion for Summary Adjudication 330
Location: Amador
Judge: All Departments
Hearing Date: 2019.1.4
Excerpt: ...mary Adjudication The court GRANTS the Motion for Summary Adjudication of Plaintiff CSAA INSURANCE (hereinafter “CSAA”) on the issue of KIRKWOOD MEADOWS PUBLIC UTILITY DISTRICT's duty to operate, maintain, inspect, monitor, in safe, efficient, and proper condition, KMPUD's jurisdictional propane system which necessarily includes the entire portion between the Noia Property boundary line and KMPUD's propane meter on the Noia Property. The cour...

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