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33 Results

Location: Amador x
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...
2019.09.25 Demurrer 142
Location: Amador
Judge: All Departments
Hearing Date: 2019.09.25
Excerpt: ...l. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2019) ¶ 6:459.) In addition, the affirmative defense alleged that plaintiff delivered multiple defective refrigeration units and failed to properly repair the defects and milk had to be dumped due to inadequate cooling over the course of a month. Failure to mitigate damages may occur after a wrong where some damages may still be averted. (United States v Sierra Pac Ind (2012) 879 ...
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...
2019.07.26 Motion for Reconsideration 857
Location: Amador
Judge: All Departments
Hearing Date: 2019.07.26
Excerpt: ... party making the application shall state by affidavit (1) what application was made before, (2) when and to what judge, (3) what order or decisions were made, and (4) what new or different facts, circumstances, or law are claimed to be shown. CCP §1008(a) (emphasis added). Plaintiff's claim that the October 15, 2018 file‐stamped receipt of the Fee Waiver Order should be prima facie evidence as to the Complaint that was received and file‐sta...
2019.06.28 Motion to Vacate or Set Aside Judgment 108
Location: Amador
Judge: All Departments
Hearing Date: 2019.06.28
Excerpt: ...skis (1958 Cal App. 1st Dist.) 158 Cal.App.2d 410.) Further, even if the motion had been properly served, the motion should be denied on an additional procedural basis. CCP § 473.5(b) states: A notice of motion to set aside a default or default judgment and for leave to defend the action shall designate as the time for making the motion a date prescribed by subdivision (b) of Section 1005, and it shall be accompanied by an affidavit showing unde...
2019.06.28 Motion for Attorney's Fees 429
Location: Amador
Judge: All Departments
Hearing Date: 2019.06.28
Excerpt: ...of right are attorney's fee awards when authorized by contract, statute, or law. ( CCP §1033.5(a)(10)(A)‐ (C).) Although the moving papers state that the “number of statutes that allow for recovery of attorney's fees in California are broad and plentiful” (citing the Declaration of Marshall Jaquish, at ¶ 36 as the only authority), only one specific statute is cited. Moving party asserts the recovery of attorney's fees is authorized under ...
2019.06.21 Motion for Sanctions 146
Location: Amador
Judge: All Departments
Hearing Date: 2019.06.21
Excerpt: ... tentative ruling finds the moving party has failed to provide adequate notice both by the timing of the motion and content of the notice of motion. Adequate notice and an opportunity to be heard prior to the imposition of sanctions are mandated both by CCP § 177.5 and by due process. (Caldwell v. Samuels Jewelers (1990) 222 Cal.App.3d 970.) The notice of motion and motion was untimely served and filed under CCP § 1005. Noticed motions must be ...
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...
2019.04.26 Motion to Quash Service of Summons 146
Location: Amador
Judge: All Departments
Hearing Date: 2019.04.26
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 ...
2019.4.26 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 ...
2019.04.26 Motion for Change of Venue 338
Location: Amador
Judge: All Departments
Hearing Date: 2019.04.26
Excerpt: ...ntiff's failure to appear shall result in adoption of the tentative ruling. Defendant's unopposed motion to transfer venue is GRANTED. The matter shall be transferred to San Joaquin County Superior Court which is the appropriate venue for trial. (CCP §§ 395(a), 396b, 397.) The Court vacates the case management conference set for 10:30 a.m. on May 29, 2019 ...
2019.04.19 Motion for Judgment on the Pleadings 880
Location: Amador
Judge: All Departments
Hearing Date: 2019.04.19
Excerpt: ...s it is unnecessary to rule on the remaining objections. Plaintiff moves for judgment on the pleadings, pursuant to CCP § 438(c)(1)(A) on the basis the complaint states facts sufficient to constitute a cause of action on the fourth cause of action in Partition against Defendant, and Defendant' s Answer does not state facts sufficient to constitute a defense thereto. A plaintiff may move for judgment on the pleadings if grounds for the motion are...
2019.04.19 Motion to Compel Further Responses 852
Location: Amador
Judge: All Departments
Hearing Date: 2019.04.19
Excerpt: ...notice of motion to compel further responses to interrogatories must be served within 45 days after service of the response in question, which time is extended if served by mail, overnight delivery, or fax (see CCP § 1013(a)). Parties can stipulate in writing to extend the deadline to file the motion to compel. ( CCP § 2030.300(c).) Otherwise, the demanding party waives the right to compel any further response. ( CCP § 2030.300(c).) The record...
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...
2019.02.22 Motion to Declare Vexatious Litigant 433
Location: Amador
Judge: All Departments
Hearing Date: 2019.02.22
Excerpt: ...otions can support a vexatious litigant designation; repeated motions must be so devoid of merit and be so frivolous that they can be described as a flagrant abuse of the system, have no reasonable probability of success, lack reasonable or probable cause or excuse, and are clearly meant to abuse the processes of the courts and to harass the adverse party than other litigants. (Morton v. Wagner (2007) 156 Cal.App.4th 963, modified on denial of re...
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:...
2019.02.15 Demurrer 832
Location: Amador
Judge: All Departments
Hearing Date: 2019.02.15
Excerpt: ...hone 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 10:00 a...
2019.02.08 Motion for Continuance 330
Location: Amador
Judge: All Departments
Hearing Date: 2019.02.08
Excerpt: ...uct discovery closer to trial is moot. The granting or denying of a continuance is ordinarily a matter resting within the sound discretion of the trial court, and the court's determination will not be interfered with, except upon a showing of abuse of discretion. (Whalen v. Superior Court (1960) 184 Cal.App.3d 598, 601.) In making this ruling, the court is governed by the course which seems most likely to accomplish substantial justice. The court...
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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