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76 Results

Location: Amador x
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...
2021.07.30 Motion for Summary Judgment 191
Location: Amador
Judge: All Departments
Hearing Date: 2021.07.30
Excerpt: ...nt to Evidence Code § 452(d). Defendants' request for judicial notice is GRANTED. Summary Judgment A plaintiff in an action for unlawful detainer may move for summary judgment; this is wholly consistent with the basic statutory purposes of unlawful detainer – a speedy determination of the right to possession. (Knowles v. Robinson (1963) 60 Cal.2d 620, 625; Gonzales v. Jim Properties (1974) 37 Cal.App.3d 1029.) (Summary judgment process applica...
2021.07.19 Motion to Strike 674
Location: Amador
Judge: All Departments
Hearing Date: 2021.07.19
Excerpt: ... 29 of the SAC. In summary, paragraphs 23‐29 of the SAC allege negligence per se is presumed from Defendant's violations of applicable building codes requiring sidewalks and curbs conform to specific standards and that the violation was a direct cause of Plaintiff's injury. Negligence per se is an evidentiary doctrine codified at Ev. Code § 669. It creates a presumption of negligence if four elements are established: (1) the defendant violate...
2021.06.24 Motion to Compel Depositions, Production of Docs 752
Location: Amador
Judge: All Departments
Hearing Date: 2021.06.24
Excerpt: ...but are declarants in Defendants Summary judgment/Summary Adjudication Motion. The court notes, infra, that the Plaintiffs Consolidated Declarations in support of the Motion to Compel are not specific as to the page or paragraph of the Defendant's expert's declarations that are “factually incorrect”. Further, the court declines to search through the declarations of Nelson and Rossetter to determine where the plaintiffs allegations regarding t...
2021.06.07 Motion to Quash 101
Location: Amador
Judge: All Departments
Hearing Date: 2021.06.07
Excerpt: ...s of improper conduct at his last job to defense counsel in cases where officer testified . (Exh. A.) Objection Although the court may take judicial notice of the decision law of another jurisdiction , defendant does not proffer its first two requests for judicial notice for that purpose (there are no citations to the proffered authority in its supporting memorandum of points and authorities.) (See Evid. Code Section 452.) Instead, defendant pres...
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 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...
2020.10.26 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...

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