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51 Results

Location: Amador x
2020.09.21 Demurrer 511
Location: Amador
Judge: All Departments
Hearing Date: 2020.09.21
Excerpt: ......
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...
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 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...
2019.9.13 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 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...
2019.8.2 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...
2019.5.24 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:...

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