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Page 26 Calaveras County Superior Courts Tentative Rulings
2501-2560 of 2560 results
Tentative Ruling: PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS As the Answer admits the allegations and there being no opposition to plaintiff’s motion, plaintiff’s Motion for Judgment on the Pleadings is GRANTED. Plaintiff is awarded $495 in costs per the memorandum filed 9/17/18 as no timely motion to tax was filed. The clerk shall provide ...
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Name
AMERICAN EXPRESS CENTURION BANK V. MULDOON, ROBERT V
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Case No.
18CF12358
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Hearing
Oct 12, 2018
- Judge Hon. David M. Sanders
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County
Calaveras County, CA
Tentative Ruling: There is no Tentative Ruling on this case. The parties, and their legal counsel if represented, must appear. ...
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Name
WADE'S HEAVY EQUIPMENT REPAIR INC V. CEN CAL LASER LEVELING, ET AL.
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Case No.
17CV42630
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Hearing
Oct 05, 2018
- Judge Hon. David M. Sanders
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County
Calaveras County, CA
Tentative Ruling: LIVEWELL FINANCIAL’S MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION On July 27, 2016, plaintiff filed a Complaint alleging breach of contract, unjust enrichment, intentional tort and general negligence against numerous defendants, including Live Well. The cause of actions stem from a reverse mortgage transaction on plaintiff’s p...
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Name
WILMOT, BRIAN D V. GLOBAL EQUITY FINANCE INC., ET AL.
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Case No.
16CV41784
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Hearing
Oct 05, 2018
- Judge Hon. David M. Sanders
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County
Calaveras County, CA
Tentative Ruling on Petitioner’s Motion for Petition for Inspection and Abatement Warrant The City of Angels Camp has Petitioned for an Inspection and Abatement Warrant for the noted residence which has been deemed a public nuisance due to extremely hazardous and unsanitary conditions, among other areas of concern. The Declarations of Steven Flai...
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Name
CITY OF ANGELS CAMP V. ASHLOCK, CARROLL, ET AL.
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Case No.
18CV43474
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Hearing
Sep 26, 2018
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County
Calaveras County, CA
Tentative Ruling: Defendants T & K Bennett Enterprises Inc. dba Century 21 Sierra Properties and Tamara Dillashaw’s Motion for Summary Adjudication Plaintiffs have alleged a total of fourteen causes of action in their second amended complaint against various defendants regarding the purchase of their residence in Angels Camp. Defendants T & K Benne...
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Name
DAVID, GARY, ET AL. V. BODENMULLER, GLORIA, ET AL.
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Case No.
16CV41660
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Hearing
Sep 26, 2018
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County
Calaveras County, CA
Tentative Ruling: The OSC hearing is dropped in light of the bond posted by Defendant on 9/12/18 while reserving the right to renew if any ultimate appellate ruling is not fully complied with on the issue of payment of the discovery referee’s fees. The clerk shall provide notice of this ruling to the parties forthwith including a courtesy copy to d...
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Name
MILLS, STEVEN V. DIGNITY HEALTH, ET AL.
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Case No.
16CV41877
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Hearing
Sep 21, 2018
- Judge Hon. David M. Sanders
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County
Calaveras County, CA
Tentative Ruling: Defendant filed a demurrer on August 21, 2018. To date, defendant has not filed proof of service on the plaintiff. Due to defendant’s failure to provide the Proof of Service, the Court Overrules the Demurrer and defendant has 10 court days to file his Answer. Furthermore, the Court notes that defendant failed to comply with Loca...
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Name
PORTFOLIO RECOVERY ASSOCIATES LLC V. MAGNASCO, GARY
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Case No.
18CF12494
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Hearing
Sep 21, 2018
- Judge Hon. David M. Sanders
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County
Calaveras County, CA
Tentative Ruling: On January 29, 2018, Ponte filed a Motion for Relief from Stay. On March 15, 2018, this Court dismissed the Motion, without prejudice to be renewed, to allow Lokey an opportunity to provide an undertaking. The Court ordered the alternative protection offered by CCP section 917.1(b) and ordered Lokey to give an undertaking either i...
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Name
PONTE, JEAN V. LOKEY, RICHARD A.
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Case No.
11CV37934
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Hearing
Sep 21, 2018
- Judge Hon. David M. Sanders
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County
Calaveras County, CA
Tentative Ruling: On October 18, 2017, Plaintiffs served form and special interrogatories on Defendant James Stewart. Defendant failed to answer and Plaintiff filed a Motion to Compel Answers to Form and Special Interrogatories. On April 27, 2018, the Court granted Plaintiff’s motion and ruled that “Defendant was to provide complete, verified answe...
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Name
FOUCH, DEBORAH, ET AL. V. STEWART, CHRISTIE, ET AL.
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Case No.
17CV42539
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Hearing
Sep 06, 2018
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County
Calaveras County, CA
Tentative Ruling: The City of Angels Camp is requesting a Petition for Inspection and an Abatement Warrant for a residence located in their jurisdiction. The residence, located at 1191 South Main Street, Angels Camp, has been deemed a public nuisance due to extremely hazardous and unsanitary conditions, among other areas of concern. It appears th...
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Name
CITY OF ANGELS CAMP V. ASHLOCK, CARROLL, ET AL.
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Case No.
18CV43474
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Hearing
Sep 06, 2018
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County
Calaveras County, CA
Tentative Ruling: On June 1, 2018, Defendant served a Notice of Deposition on the Plaintiff Gus Zamora and his Guardian Ad Litem (GAL), Dave Zamora, for June 15, 2018. (David Zamora has been Gus Zamora’s GAL since September 2016.) On June 15, 2018, David Zamora appeared with the documents that were requested by Defendant. David Zamora advised Defen...
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Name
ZAMORA, GUS Y. V. CLAPP, CLYDE
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Case No.
16CV41649
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Hearing
Sep 06, 2018
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County
Calaveras County, CA
Tentative Ruling: In July 6, 2006, Plaintiff obtained a line of credit with County Wide as a second deed of trust. On April 10, 2018, FCI Lender Services initiated foreclosure proceedings. Between 2006 and 2018, Plaintiff made some payments on the loan equity agreement. Also throughout this time, many other banks and companies owned the loan. Plain...
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Name
FOSTER, LARRY V. 2005 RESIDENTIAL TRUST 3-2, ET AL.
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Case No.
18CV43398
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Hearing
Sep 02, 2018
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County
Calaveras County, CA
Tentative Ruling: In connection with their demurrer, defendants seek judicial notice of Exhibits “A” through “E” pursuant to Evidence Code Sections 452 and 453. The Court notes this motion was filed to supersede the earlier filed and more usual procedure of a simple request for judicial notice to substitute documents that are certified, signed, and...
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Name
ACEDO, RAUL VELARDE, ET AL. V. CALAVERAS COUNTY BOARD OF SUPERVISORS, ET AL.
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Case No.
18CV43299
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Hearing
Sep 02, 2018
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County
Calaveras County, CA
TENTATIVE RULING ON DEFENDANTS ANDY URTEAGA, US NATIONAL ASSOCIATION, AS LIEN HOLDER ONLY, AND DOES 1 THROUGH 50, INCLUSIVE’S MOTION TO TRANSFER ACTION: Plaintiff filed his verified complaint in regards to real property located at 6190 Starlight Lane, Mountain Ranch, Calaveras County, on March 22, 2018. On June 22, 2018, the Defendant filed his u...
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Name
COLLECTIVE GROWERS FOUNDATION INC, ET AL. V. URTEAGA, ANDY, ET AL.
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Case No.
18CV43127
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Hearing
Sep 02, 2018
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County
Calaveras County, CA
Tentative Ruling: Plaintiffs seek permission to serve the summons and complaint of this quiet title action by publication in response to their determination that two defendants are d located surviving potential heirs. The Court finds good cause to allow service by publication. Based on the foregoing, Plaintiffs’ Motion Permitting Service of the Sum...
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Name
FIKES, DAVID, ET AL. V. BOISE CASCADE COMPANPY, ET AL.
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Case No.
18CV43341
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Hearing
Aug 22, 2018
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County
Calaveras County, CA
Tentative Ruling: In this action contending various Labor Code violations, plaintiff seeks summary adjudication of the portions of causes of action seeking penalties pursuant to PAGA as to Labor Code § § 204(d) and 226(a). Defendant opposes contending there are triable issues of material fact as to both allegations, i.e., whether the wage statement...
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Name
TURPIN, JOYCE V. ANGELS CAMP MANAGEMENT LLC
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Case No.
16CV42075
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Hearing
Aug 22, 2018
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County
Calaveras County, CA
Tentative Ruling: In this derivative action this Court on 9/29/17 ordered plaintiff to post a bond in the amount of $50,000. Subsequently, on 4/30/18, this Court entered judgment for defendants on their demurrer to the second amended complaint. Defendant Morris now seeks to receive the bond as partial fee reimbursement and along with defendant Wing...
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Name
BURNETTE, KEITH DERIVATIVELY ON BEHALF OF THE BURNETTE COMPANY INC V. MORRIS, GLYNN A, ET AL.
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Case No.
17CV42224
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Hearing
Aug 22, 2018
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County
Calaveras County, CA
Tentative Ruling: On the Court’s own motion in the interests of judicial economy, this motion is continued to August 31, 2018, at 9:00 a.m. in Department 2, to be heard on the same calendar as defendant’s motion for change in venue. The clerk shall provide notice of this ruling to the parties forthwith. ...
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Name
COLLECTIVE GROWERS FOUNDATION INC, ET AL. V. URTEAGA, ANDY, ET AL.
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Case No.
18CV43127
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Hearing
Aug 16, 2018
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County
Calaveras County, CA
Tentative Ruling: This motion represents the second MSA brought by CCWD related to a dispute over water delivery to plaintiff. In 2012 this Court granted summary adjudication as to those portions of plaintiff’s single cause of action complaint concerning claims for declaratory relief and permanent injunction. CCWD now seeks summary adjudication of ...
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Name
LA CONTENTA INVESTORS LTD V. CALAVERAS COUNTY WATER DISTRICT
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Case No.
11CV37713
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Hearing
Aug 16, 2018
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County
Calaveras County, CA
Tentative Ruling on Resp’s Motion to Strike All References to CCP 1094.5 from 1st Amended Petition: In this action relating to the Board of Supervisors’ ban on cannabis cultivation, respondents seek to strike from the first amended petition all references to Code of Civil Procedure Section 1094.5, contending petitioners’ sole potential remedy is a ...
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Name
LEWIS, ANNA, ET AL. V. CALAVERAS COUNTY, ET AL.
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Case No.
18CV43036
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Hearing
Aug 16, 2018
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County
Calaveras County, CA
Tentative Ruling: In this suit involving a motor vehicle between vehicles driven by plaintiff’s decedent and by an employee of East Bay Municipal Utility District (“EBMUD”), EBMUD demurs to the complaint contending it fails to state a cause of action on two grounds: 1)under Code of Civil Procedure Section 377.30 a survival action can be commenced o...
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Name
GARRISON, ESTATE OF RONNIE LEE ROY V. ALLAN, JAMES RICHARD, ET AL.
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Case No.
17CV42804
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Hearing
Aug 16, 2018
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County
Calaveras County, CA
Tentative Ruling: The Court notes that neither points and authorities in support nor opposition to the present motion have been filed which originally was granted on an ex parte temporary basis and which has been continued once by stipulation which expressed ongoing efforts to resolved the matter without formal judicial intervention. Based on the f...
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Name
JANZEN, ERNEST M, ET AL. V. OCWEN LOAN SERVICING LLC, ET AL.
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Case No.
18CV43297
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Hearing
Aug 10, 2018
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Judge
Frank Doughterty
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County
Calaveras County, CA
TENTATIVE RULING ON PLAINTIFF’S MOTIONS TO COMPEL DISCOVERY AND DEFENDANT OPTUM360’S MOTION FOR PROTECTIVE ORDER Before the Court for ruling are a total of six motions to compel discovery filed by plaintiff as to defendant Dignity Health dba Mark Twain Medical Center [hereinafter “Mark Twain’] (concerning request for production of documents sets 3 ...
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Name
MILLS, STEVEN V. DIGNITY HEALTH, ET AL.
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Case No.
16CV41877
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Hearing
Aug 10, 2018
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Judge
Frank Doughterty
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County
Calaveras County, CA
Tentative Ruling: Plaintiffs’ verified complaint contains numerous causes of action alleging breaches of an oral real property contract. Defendant Urteaga filed an unverified answer which plaintiffs seek to strike pursuant to Code of Civil Procedure Sections 446(a) and 2015.5. Plaintiffs Request For Judicial Notice of the answer is Granted pursua...
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Name
COLLECTIVE GROWERS FOUNDATION INC, ET AL. V. URTEAGA, ANDY, ET AL.
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Case No.
18CV43127
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Hearing
Jul 27, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: In this employment related action defendant seeks to enforce a binding arbitration agreement that was a signed addendum to plaintiff’s employment agreement. Plaintiff opposes, contending the seventh cause of action for PAGA claims precludes arbitration and additionally that defendant waived its right to compel arbitration by waiti...
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Name
TURPIN, JOYCE V. ANGELS CAMP MANAGEMENT LLC
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Case No.
16CV42075
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Hearing
Jul 27, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: On April 6, 2018, defendants served sets of form interrogatories on plaintiff Michelle Munnicks and on plaintiff Doriann Munnicks (by and through her guardian ad litem). No responses have been received to date. Code of Civil Procedure Section 2030.260 provides that responses to interrogatories be served within 30 days and CCP § ...
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Name
MUNNIKS, DORIANN, ET AL. V. CAMPORA INC, ET AL.
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Case No.
17CV42696
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Hearing
Jul 27, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: On May 25, 2018, this Court held a hearing on defendants’ demurrer and issued its ruling on May 30, 2018. Defendants seek to have the Court vacate that Order and issue a new ruling correcting alleged clerical errors, specifically omission of paragraphs 5, 6, 7, and 8 from the tentative ruling posted on the Court’s website. The C...
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Name
BARR, HOWARD TODD V. COUNTY OF CALAVERAS
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Case No.
18CV42976
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Hearing
Jul 20, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
Tentative Ruling: Petitioners seek an injunction or administrative stay on respondents’ decision to ban cannabis cultivation in Calaveras County alleging failures to conform to provisions of CEQA. Respondents seek to have the CEQA portions of the petition dismissed for petitioners’ failure to request a hearing within 90 days of the filing of the pe...
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Name
CALAVERAS CANNABIS LEGAL DEFENSE FUND, ET AL. V. CALAVERAS COUNTY BOARD OF SUPERVISORS;
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Case No.
18CV43043
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Hearing
Jul 20, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
Tentative Ruling: Plaintiff’s complaint appears to allege that defendant, a sergeant with the San Andreas area office of the California Highway Patrol, violated his constitutional rights by making a traffic stop for plaintiff exceeding the speed limit. Plaintiff used the services of the Calaveras County Sheriff’s Office to serve defendant by substi...
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Name
GIGENA, GABRIEL V. BANKS, DANIEL P.
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Case No.
18CV43183
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Hearing
Jul 13, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: In this insurance subrogation action plaintiff seeks leave to file an amended complaint to add $6,195.14 in additional damages paid with regard to their insured’s bicycle that had been attached to his vehicle which were “recently paid”. Defendant opposes contending plaintiff has filed suit in the state of Nevada to recover the s...
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Name
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY V. RIVERA, DAVID
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Case No.
17CF12231
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Hearing
Jul 13, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
RULING ON PLAINTIFF’S MOTIONSTO COMPEL DISCOVERY AND DEFENDANT OPTUM360’S MOTION FOR PROTECTIVE ORDER Before the Court for ruling are a total of six motions to compel discovery filed by plaintiff as to defendant Dignity Health dba Mark Twain Medical Center [hereinafter “Mark Twain’] (concerning request for production of documents sets 3 and 4, form...
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Name
MILLS, STEVEN V. DIGNITY HEALTH, ET AL.
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Case No.
16CV41877
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Hearing
Jul 06, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
RULING ON RESPONDENTS’ MOTION TO DISMISS FOR FAILURE TO COMPLY WITH PUBLIC RESOURCES CODE SECTION 21167.4 AND GOVERNMENT CODE SECTION 65753 Petitioners seek an injunction or administrative stay on respondents’ decision to ban cannabis cultivation in Calaveras County alleging failures to conform to provisions of CEQA. Respondents seek to have the CE...
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Name
CALAVERAS CANNABIS LEGAL DEFENSE FUND, ET AL. V. CALAVERAS COUNTY BOARD OF SUPERVISORS;
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Case No.
18CV43043
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Hearing
Jul 06, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
Tentative Ruling: This case involving a dispute over payment of HOA fees on a per parcel basis was tried in a bench trial on May 2, 3, and 4, 2018, concluding with defendant being granted judgment pursuant to Code of Civil Procedure Section 631.8. As the prevailing party under CC&Rs which have an attorney’s fees provision, as well as Civil Code Sec...
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Name
RISCHBIETER, DOUGLAS C. V. BLUE LAKE SPRINGS HOMEOWNERS ASSOCIATION
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Case No.
15CV40810
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Hearing
Jun 29, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: Petitioners seek a writ of mandate to set aside the administrative hearing decision assessing a cannabis cultivation tax on them and a declaratory judgment determining what taxation was allowable under then existing county code sections 3.56.010 et seq. Respondents and real parties in interest demur contending petitioners failed t...
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Name
FLANAGAN, MARK, ET AL. V. CALAVERAS COUNTY OFFICE OF ADMINISTRATIVE HEARINGS, ET AL.
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Case No.
18CV43075
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Hearing
Jun 29, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: Petitioners seek an injunction or administrative stay on respondents’ decision to ban cannabis cultivation in Calaveras County alleging failures to conform to provisions of CEQA. Respondents seek to have the CEQA portions of the petition dismissed for petitioners’ failure to request a hearing within 90 days of the filing of the pe...
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Name
LEWIS, ANNA, ET AL. V. CALAVERAS COUNTY, ET AL.
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Case No.
18CV43036
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Hearing
Jun 29, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: In this inverse condemnation action plaintiff Lee Tyler seeks to compel further responses to certain requests for admission and special interrogatories, and for more organization of produced documents. (The Court notes plaintiff’s labeling of the motion as one to “compel production” oversimplifies the relief sought.) Plaintiff add...
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Name
LEE TYLER AND WINIFRED MARY TYLER TRUSTEES V. OAKDALE IRRIGATION DISTRICT, ET AL.
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Case No.
17CV42319
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Hearing
Jun 22, 2018
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Judge
Frank Doughtery
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County
Calaveras County, CA
Tentative Ruling: Plaintiff seeks a writ of possession to reclaim a 2016 recreational vehicle it asserts defendant is improperly possessing. However, the only filed documentation regarding service reflects that defendant has not been served with any file documents including the Summons and Complaint, temporary restraining order, or the present moti...
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Name
EL MONTE RENTS, INC. DBA EL MONTE RV V. BROWN, BETTY
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Case No.
18CV43197
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Hearing
Jun 22, 2018
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Judge
Frank Doughtery
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County
Calaveras County, CA
Tentative Ruling: In this insurance coverage dispute plaintiffs have moved for summary adjudication on the issues of duty to defend and duty to indemnify by payment of the settlement in the related underlying case of State Farm v Tidwell 12CV38248. Defendants concede the duty to defend (albeit contesting the effective date that said duty arose) and...
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Name
TIDWELL ENTERPRISES FIREPLACE DIVISION INC., ET AL. V. FINANCIAL PACIFIC INSURANCE COMPANY INC.
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Case No.
14CV40000
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Hearing
Jun 22, 2018
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Judge
Frank Doughtery
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County
Calaveras County, CA
Tentative Ruling: Plaintiff moves to aside this Court’s granting of a motion to dismiss this case on 12/29/17 contending she was never properly served with the motion to dismiss as it was sent to her former address. Plaintiff leaves out a significant aspect of the procedural history of this matter that led to the dismissal. Plaintiff infers the d...
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Name
COTTRELL, LISSA V. THOMPSON, DALE
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Case No.
16CV42004
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Hearing
Jun 15, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
RULINGS ON MOTIONS OF DEFENDANTS BODENMULLERS’ COUNSELS MOTIONS TO BE RELIEVED Attorney J. Anthony Abbott has filed a motion to be relieved as counsel for defendants Bodenmuller. The Court finds good cause to grant the motion and will sign the submitted Order. Attorney Brian Chavez-Ochoa has filed a motion to be relieved as counsel for defendants...
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Name
DAVID, GARY, ET AL. V. BODENMULLER, GLORIA, ET AL.
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Case No.
16CV41660
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Hearing
Jun 08, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
RULING ON PLAINTIFFS’ MOTION FOR SUMMARY ADJUDICATION In this insurance coverage dispute plaintiffs have moved for summary adjudication on the issues of duty to defend and duty to pay settlement in the related underlying case of State Farm v Tidwell 12CV38248. The Court notes that plaintiffs filed a second amended complaint on 5/8/18 that was s...
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Name
TIDWELL ENTERPRISES FIREPLACE DIVISION INC., ET AL. V. FINANCIAL PACIFIC INSURANCE COMPANY INC.
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Case No.
14CV40000
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Hearing
Jun 08, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
RULING ON PLAINTIFF’S MOTION FOR SUBSTITUTION OF SUCCESSOR-IN-INTEREST Plaintiff moves pursuant to Code of Civil Procedure Section 377.11 to substitute plaintiff Jane Hess as successor-in-interest to pursue the claims of Le Roy Hess, deceased. The Court having been provided sufficient evidence, Plaintiff’s Motion is Granted and Jane Hess is substit...
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Name
HESS, JANE, ET AL. V. PACIFIC GAS AND ELECTRIC COMPANY
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Case No.
16CV41680
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Hearing
Jun 08, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: Default Judgment was entered for plaintiff on August 16, 2017, for monetary damages and permanent injunctions requiring defendants to remedy various violations of the governing CC&Rs. Plaintiff contends defendants have failed to comply with the permanent injunctions and request this Court to schedule an Order To Show Cause heari...
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Name
LAKE MONT PINES HOMEOWNERS ASSOCIATION V. MANDELL, DEE, ET AL.
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Case No.
17CV42413
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Hearing
Jun 01, 2018
- Judge Hon. Susan Harlan
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County
Calaveras County, CA
Tentative Ruling: Defendant seeks to compel responses to form interrogatories, set one, and request for production of documents, set one, all of which were served on plaintiff Glenn Johnson on December 12, 2017, as no responses have ever been provided. Code of Civil Procedure Section 2030.260 provides that responses to interrogatories be served w...
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Name
JOHNSON, GLENN V. BERKOWITZ, DAVID
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Case No.
17CV42592
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Hearing
May 18, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
Tentative Ruling: Having reviewed all pleadings, Attorney Andrew Smith’s Motion To Be Relieved As Counsel for Plaintiff Donald Croy is Granted and the Court will sign the submitted proposed Order which will be served by the clerk forthwith. ...
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Name
CROY, DONALD V. CROY, NANCY, ET AL.
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Case No.
17CV42735
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Hearing
May 04, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
Tentative Ruling: On January 31, 2018, defendant Nationstar Mortgage LLC served requests for admission on plaintiff Rodney E. Weathers dba All Weather Construction. No responses have been served to date and Nationstar seeks to have the requests deemed admitted and sanctions imposed in the amount of $920. Code of Civil Procedure Section 2033.280 (...
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Name
WEATHERS, RODNEY E. V. BYRNES, LAWRENCE, ET AL.
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Case No.
17CV42873
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Hearing
May 04, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
Tentative Ruling: In this insurance coverage dispute matter, insurer defendant Financial Pacific Insurance Company has moved to strike paragraph 70 of the first amended complaint and the associated portion of the prayer for relief seeking injunctive and restitution relief consisting of auditing, changing, and overseeing defendant’s claims practices...
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Name
TIDWELL ENTERPRISES FIREPLACE DIVISION INC., ET AL. V. FINANCIAL PACIFIC INSURANCE COMPANY INC.
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Case No.
14CV40000
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Hearing
Apr 27, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: On October 18, 2017, plaintiffs served form and special interrogatories on Defendant James Stewart. No responses have ever been served. Initially, the Court notes that plaintiffs failed to comply with the notice requirements of Local Rule 3.3.7 as amended January 1, 2018. Said Local Rule explicitly includes a provision that fail...
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Name
FOUCH, DEBORAH, ET AL. V. STEWART, CHRISTIE, ET AL.
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Case No.
17CV42539
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Hearing
Apr 27, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: Defendant seeks to compel further responses to form interrogatories numbers 6.4, 6.5, and 6.7 regarding medical care and treatment concerning which the only response provided was in essence that CPS has the information. Although defendant likely is correct on the merits that the reference to information that CPS may or even like...
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Name
REECE, RENEE V. SANCHEZ, JANINE ANN
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Case No.
16CV41810
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Hearing
Apr 20, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: Petitioner/Plaintiff operates a vineyard and organic vegetable farm on his almost 13-acre parcel. In January 2017 he applied to change his parcel’s zoning from RR-5 to RA (residential agricultural) to facilitate his adding on site produce sales and eventually a wine tasting room. Defendant Board of Supervisors took up the applicat...
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Name
RICHARDSON, JED L V. CALAVERAS COUNTY BOARD OF SUPERVISORS, ET AL.
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Case No.
17CV42875
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Hearing
Apr 20, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
TENTATIVE RULING ON DEFENDANTS MORRIS/WINGERTER/STEENBAKKERS’ DEMURRER TO SECOND AMENDED VERIFIED COMPLAINT This shareholder derivative action contends the shareholders of the Burnette Company other than plaintiff damaged the company through improper actions related to overvaluing commercial real property purchased from one of the shareholders thro...
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Name
BURNETTE, KEITH DERIVATIVELY ON BEHALF OF THE BURNETTE COMPANY INC V. MORRIS, GLYNN A, ET AL.
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Case No.
17CV42224
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Hearing
Apr 06, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
Tentative Ruling: Plaintiff entered into an agreement with Global Equity for a reverse mortgage on plaintiff’s residence and contends Global Equity breached this agreement by failing to satisfy the first mortgage lien on the property held by Umpqua Bank. Global Equity moves for judgment on the pleadings contending the complaint fails to state a bas...
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Name
WILMOT, BRIAN D V. GLOBAL EQUITY FINANCE INC., ET AL.
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Case No.
16CV41784
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Hearing
Apr 06, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
TENTATIVE RULING ON DEFENDANT POKER FLAT PROPERY OWNERS ASSOCIATION, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Plaintiff alleges defendant Poker Flat Property Owners Association, Inc. breached her employment contract and committed various associated torts primarily by disclosing confidential employe...
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Name
GARCIA, MARIAN V. POKER FLAT PROPERTY OWNERS ASSOCIATION INC.
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Case No.
16CV41403
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Hearing
Apr 06, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
Tentative Ruling: Plaintiff’s verified first amended complaint alleges he was constructively terminated from his employment at Mark Twain Medical Center stemming from his having raised numerous concerns about concerns about policies, practices and equipment at the medical facility, including a cause of action based on a claim he was retaliated agai...
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Name
MILLS, STEVEN V. DIGNITY HEALTH, ET AL.
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Case No.
16CV41877
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Hearing
Apr 06, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
Tentative Ruling: Plaintiff failed to attend either the Trial Confirmation Conference on 1/23/18 or the Trial on 1/24/18 leading the Court to dismiss this matter without prejudice. Plaintiff now moves to have the dismissal set aside pursuant to Code of Civil Procedure Section 473. Plaintiff’s counsel’s declaration filed in support of the motion a...
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Name
USE CREDIT UNION V. STEVENSON, PATRICIA
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Case No.
17CF11947
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Hearing
Mar 16, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
Tentative Ruling: In this action for elder abuse, defendants (the son, daughter, and son-in-law of plaintiff) move to set the matter for trial based on the Court’s wide discretion and control over litigated matters, further contending this is a “straightforward case” which will not require more than one to two hours for a bench trial. Defendants fu...
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Name
MARQUEZ, RONDLE V. HETZEL, EUGENE, ET AL.
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Case No.
17CV42572
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Hearing
Mar 16, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
Tentative Ruling: Plaintiff’s verified complaint contends defendant has breached its governing CC&Rs and By-Laws by starting in 2015 to assess dues on plaintiff for both his improved lot and second unimproved lot, contending that he can only be assessed single member dues regardless of the number of lots he owns under the HOA’s establishment as a t...
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Name
RISCHBIETER, DOUGLAS C. V. BLUE LAKE SPRINGS HOMEOWNERS ASSOCIATION
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Case No.
15CV40810
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Hearing
Mar 16, 2018
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Judge
Thomas A. Smith
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County
Calaveras County, CA
Tentative Ruling: The Court finds the petition and attached documents establish that the involved dogs “Harley” and “Brutus” are potentially dangerous and the Court intends to sign the submitted proposed order. ...
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Name
CALAVERAS COUNTY ANIMAL SERVICES V. RITCHIE, MITCHELL
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Case No.
18CF12314
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Hearing
Feb 23, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: The Court finds the petition and attached documents establish that the involved dog “Hank” is potentially dangerous and the Court intends to sign the submitted proposed order. ...
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Name
CALAVERAS COUNTY ANIMAL SERVICES V. VANDERWOUDE, RONALD LEE
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Case No.
18CF12315
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Hearing
Feb 23, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
Tentative Ruling: In one of four coordinated actions seeking to recover damages related to a fire that started at defendant’s Madonna Retreat, plaintiff Laura Sternick has filed three motions that the Court interprets as interrelated seeking relief from her failure to timely disclose expert witnesses, requesting to reopen discovery, to allow her to...
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Name
STERNICK, LAURA V. STOCKTON CATHOLIC DIOCESE/MADONA RETREAT
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Case No.
16CV41484
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Hearing
Feb 23, 2018
- Judge Hon. Susan C. Harlan
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County
Calaveras County, CA
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